Download Задания для самостоятельной работы по английскому языку для

Задания для самостоятельной работы по английскому языку для
студентов заочного отделения юридического факультета
на 4-ый семестр
Вариант 1
Прочитайте и переведите текст с английского языка на русский:
HISTORY OF JURISPRUDENCE
Ancient Indian jurisprudence already had its meaning in Ancient Rome. The
origin of the discipline was a body of oral laws and customs verbally transmitted
“by fathers to sons”. Praetors established a workable body of laws by judging
whether or not singular cases were capable of being prosecuted either by the
edicta, the annual pronunciation of prosecutable offense, or in extraordinary
situations, additions made to the edicta. An iudex then would judge a remedy
according to the facts of the case.
Their sentences were supposed to be simple interpretations of the traditional
customs. The law was then implemented with new evolutive legal concepts, while
remaining in the traditional scheme. Praetors were replaced in the 3rd century BC
by a laical body of prudentes. Admission to this body was conditional upon proof
of competence or experience.
Under the Roman Empire, schools of law were created, and the activity
constantly became more academic. In the age from the early Roman Empire to the
3rd century, a relevant literature was produced by some notable groups including
the Proculians and Sabinians.
The
scientific
depth
of
the
studies
was
unprecedented in ancient times.
It was during the Eastern Roman Empire (5th century) that legal studies
were once again undertaken in depth, and cultural movement of Justinian's Corpus
Juris Civilis was born.
Natural law theory asserts that there are laws that are immanent in nature,
to which enacted laws should correspond as closely as possible. This view is
frequently summarised by the maxim “an unjust law is not a true law”, in which
“unjust” is defined as contrary to natural law. Natural law is closely associated
with morality and, in historically influential versions, with the intentions of God.
Notions of an objective moral order, external to human legal systems, underlie
natural law. What is right or wrong can vary according to the interests one is
focused upon. Natural law is sometimes identified with the maxim that “an unjust
law is no law at all”, but as John Finnis, the most important of modern natural
barristers has argued, this maxim is a poor guide to the classical position.
Глоссарий:
verbally transmitted – устно передается
praetor – претор
evolutive legal concepts - эволютивные правовые концепции
laical body - светский орган
unprecedented - беспрецедентный
justinian's Corpus Juris Civilis – свод законов Юстиниана
natural law – естественное право
immanent - присущий
summarised – резюмирован максимой/сведен к максиме
focused upon - сосредоточены на
barrister – барристер (адвокат, имеющий право выступать в высших
судах)
Вариант 2
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LAWYER
A lawyer is
a
person
who practices
law,
as
a barrister, attorney, counselor or solicitor. Working as a lawyer involves the
practical application of abstract legal theories and knowledge to solve specific
individualized problems, or to advance the interests of those who hire lawyers to
perform legal services.
In most countries, particularly civil law countries, there has been a tradition
of giving many legal tasks to a variety of civil law notaries, clerks, and
scriveners. These countries do not have “lawyers” in the American sense. The term
refers to a single type of general-purpose legal services provider. Legal professions
consist of a large number of different kinds of law-trained persons, known
as jurists, some of whom are advocates who are licensed to practice in the courts. It
is difficult to formulate accurate generalizations that cover all the countries with
multiple legal professions, because each country has traditionally its own peculiar
method of dividing legal work among all its different types of legal professionals.
Several countries that originally had two or more legal professions
united their professions into a single type of lawyer. Most countries in this
category are common law countries. In countries with fused professions, a lawyer
is usually permitted to carry out all or nearly all the responsibilities.
Arguing a client's case before a judge or jury in the court of law is the
traditional province of the barrister in England, and of advocates in some civil law
jurisdictions. However, the boundary between barristers and solicitors have
evolved. In England today, the barrister monopoly covers only appellate courts,
and barristers must compete directly with solicitors in many trial courts. In
countries like the United States, there are trial lawyers who specialize in trying
cases in the court, but trial lawyers do not have the same monopoly like barristers.
In England a solicitor will obtain the facts of the case from a client and then
brief a barrister (usually in writing). The barrister then researches and drafts the
necessary court pleadings (which will be filed and served by the solicitor) and
orally argues the case.
In Spain, a procurator merely signs and presents papers to the court, but it is
an advocate who drafts these papers and argues the case.
In some countries, like Japan, a scrivener or clerk may fill out court forms
and draft simple papers for lay persons who cannot afford or do not need attorneys,
and advise them how to manage and argue their own cases.
Глоссарий:
lawyer - адвокат
attorney – поверенный
counselor – советник
solicitor - ходатай
civil law countries – страны гражданского права
notary – нотариус
general-purpose legal services provider – человек, оказывающий
юридические услуги общего назначения
jurist – юрист
common law countries – страны общего права
fused professions – смешанные профессии
appellate court – апелляционный суд
trial court – суд первой инстанции
procurator – прокуратор
lay persons - непрофессионалы
Вариант 3
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CIVIL LAW NOTARY
Civil-law notaries or Latin notaries - draft, take, and record legal
instruments for private parties, provide legal advice and give attendance, vested as
public officers with the authentication power of the State. Unlike public notaries,
their common-law counterparts, civil-law notaries are highly trained, licensed
practitioners providing a full range of regulated legal services, hold a public office,
they nonetheless operate usually - but not always in private practice and are paid
on a fee-for-service basis. They often receive the same education as attorneys at
civil law but without qualifications in advocacy, procedural law, or the law
of evidence, somewhat comparable to solicitor training in certain common-law
countries.
Civil-law notaries are limited to areas of private law, that is, domestic law
which regulates relationships between individuals and in which the State is not
directly concerned. The most common areas of practice for civil-law notaries are in
residential and commercial conveyancing and registration, contract drafting,
company formation, successions and estate planning, and powers of attorney.
Ordinarily, they have no authority to appear in the court on their client's behalf;
their role is limited to drafting, authenticating, and registering certain types of
transactional or legal instruments.
Notaries generally hold undergraduate degrees in civil law and graduate
degrees in notarial law. Notarial law involves expertise in a broad spectrum of
private law including family law, estate and testamentary law, conveyancing
and property law, the law of agency, and contract and company law. Student
notaries must complete a long apprenticeship or articled clerkship as a trainee
notary and usually spend some years as a junior associate in a notarial firm before
working as a partner or opening a private practice.
Глоссарий:
civil-law notaries - гражданско-правовые нотариусы
Latin notaries - латинские нотариусы
authentication – аутентификация
vested as – принадлежат/относятся к
fee-for-service – оплата услуги
residential and commercial conveyancing – передача жилой и
коммерческой собственности
contract drafting – составление контракта
undergraduate degreey – степень бакалавра
graduate degrees – ученая степень
testamentary law – закон о завещании
conveyancing law – закон передачи актов
property law - закон о праве собственности
apprenticeship - обучение
Вариант 4
Прочитайте и переведите текст с английского языка на русский:
PROSECUTOR
The prosecutor is the chief legal representative of the prosecution in
countries
with
either
the common
law adversarial
system,
or
the civil
law inquisitorial system. The prosecution is the legal party responsible for
presenting the case in a criminal trial against an individual accused of breaking the
law.
Prosecutors are typically lawyers who possess a law degree, and are
recognized as legal professionals by the court in which they intend to represent
society.
They usually only become involved in a criminal case once a suspect has
been identified and charges need to be filed. They are typically employed by an
office of the government, with safeguards in place to ensure such an office can
successfully pursue the prosecution of government officials.
Since prosecutors are backed by the power of the state, they are usually
subject to special professional responsibility rules in addition to those binding all
lawyers. Typical sources of ethical requirements imposed on prosecutors come
from appellate court opinions, state or federal court rules, and state or federal
statutes (codified laws).
In many countries, the prosecutor's administration is directly subordinate to
the executive branch. In some other countries prosecutors are judicial civil
servants and so their hierarchy is installed with the same liberties and
independence warranties which judges traditionally enjoy.
In other countries, a form of private prosecution is available, meaning
persons or private entities can directly petition the courts to hold trial against
someone they feel is guilty of a crime.
Глоссарий:
legal representative – законный представитель
common law adversarial system – состязательная система общего права
civil law inquisitorial system – инквизиционная система гражданского
права
law degree – юридическое образование
ethical requirements – этические требования
appellate court opinion – мнение апелляционной инстанции
codified laws – кодифицированные законы
prosecutor's administration – администрация прокуратуры
judicial civil servants – судебные государственные служащие
warranties - основания
private entities – частные лица
Вариант 5
Прочитайте и переведите текст с английского языка на русский:
JURIST
A jurist (a word coming from Medieval Latin), also known as a legal
scholar or a legal theorist, is someone who researches and studies
jurisprudence (theory of law). Such a person can work as an academic, legal
writer or law lecturer. In the United Kingdom, Australia, New Zealand, South
Africa, and in many other Commonwealth countries, the word jurist is
sometimes used to refer to an illustrious barrister, whereas in the United
States of America and Canada, to refer to an eminent judge. Thus
a jurist, someone who studies, analyses and comments on law, stands in
contrast with a lawyer, someone who applies law on behalf of clients and
thinks about it in practical terms.
Many legal scholars and authors have explained that a person may be
both a lawyer and a jurist, but a jurist is not necessarily a lawyer, nor a
lawyer necessarily a jurist. Both must possess an acquaintance with the term
“law”. The jurist’s work is study, analysis and arrangement of the law. The
lawyer’s work is satisfaction of wishes of particular human beings for legal
assistance.
Any highly civilized society requires both lawyers and jurists, both
philosophers and doers. As a mere matter of fact, there is a greater demand
for doers than for philosophers, for lawyers than for jurists. It is important
however to note there is a fundamental difference between the work of the
lawyer and that of the jurist.
The term jurist has another sense, which is wider, synonymous
with legal
professional,
with law and justice.
Глоссарий:
i.e.
anyone
professionally
involved
Medieval Latin – средневековый латинский язык
legal scholar – ученый юрист
legal theorist – теоретик права
legal writer – автор работ по праву
law lecturer – преподаватель права
eminent judge – выдающийся судья
legal assistance – юридическая помощь
as a mere matter of fact – говоря просто по сути