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Task 5. Match the definition given on the left with the word on the right.

Translate the words.
1.	A group of people in a court of law who listen to	a) courtroom
the facts about a crime and decide whether the person
accused is guilty or not
2.	The place in a court where the jury sits	b) court reporter
3.	A room in which a legal court meets	c) bailiff
4.	The person who puts down every word that is	d) defendant
spoken during the trial and also may record the
proceedings on the tape
5. The person in a court of law who decides how the		e) defense attorney
law should be applied
6.	The person who has been accused of a crime	f) judge
7.	The lawyer who tries to prove that the person	g) judge’s bench
accused of a crime is not guilty
8.	Somebody who appears in a court of law to tell	h) jury
what they know about a crime or other events
9. The place in a court of law where people stand or		i) jury box
sit when they are giving evidence
10. The lawyer who tries to prove that the person		j)	prosecuting
accused of a crime is guilty		attorney
11. A law officer who makes sure that the decisions		k) prisoner’s box
of a court are obeyed
12. The place in a court where the judge sits		l) witness
13. The place in a court where the defendant sits		m) witness stand

Task 6. Find in the text the English equivalents for the words and expressions given below.

The first step in the selection of the trial jury is the selection of a “jury panel”. When you are selected for a jury panel you will take an oath, by which you promise to answer all questions truthfully. After that the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in the case, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning “to speak the truth”.

During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused.

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Those jurors who have not been challenged become the jury for the case. There may be six or twelve of them. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

Then the lawyers for each side will discuss their view of the case in their opening statements. After that the parties present evidence, which include the testimony of witnesses, physical exhibits, etc. Sometimes the judge orders testimony to be stricken off the record and it is not considered evidence.

Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. If the objection was valid, the judge will sustain the objection. If the objection was not valid, the judge will overrule the objection.

In the closing arguments the lawyers summarize the case from their point of view. They may discuss the evidence or comment on the credibility of witnesses.

Then the jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman. When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict.

1.	беспристрастный	12.	присяжные, подобранные
2.	вступительная речь		для судебного рассмотрения
3.	вычеркнуть из протокола		дела
4.	вынести вердикт	13.	показания свидетелей
5.	заключительная речь	14.	принять присягу
6.	мотивированный отвод	15.присяжный запасного
7.	немотивированный отвод		состава
8.	отвод присяжного	16.	состав присяжных
9.	надежность свидетеля	17.	удаляться в комнату для
10. принять протест			совещаний присяжных
11.отклонить протест		18.	совещание присяжных
		19.	старшина присяжных
	UNIT 4. CRIME AND PUNISHMENT
	Task 1. Explain the difference between the way criminal and civil cases are
described.
United States v. Miller		Westside Community Schools v. Mergents
The People v. Miller		Plyer v. Doe
R. (Regina) v. Miller		Batson v. Kentucky
The Queen v. Miller
	Re. Baden
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Task 2. Translate the following word combinations.

Atrocious crime	To investigate a crime
Grave crime	To commit a crime
Crime instrument	To charge somebody with a crime
Crime rate	To convict of a crime
Criminal career	To acquit of a crime
In the course of crime	To plead guilty/not guilty to a crime
Incentive for crime	To be wanted for/ on charges of a crime
Pattern of crime	To be tried/ to stand trial for a crime
To confess to a crime	A crime of passion
To solve a crime	The scene of the crime

Task 3. Translate the following text paying special attention to the terms in bold.

A crime is an offense against the public at large. It is a wrong against all of society, not merely against the individual victim alone. For that reason, the one who prosecutes (brings the action) in a criminal case is always either the federal, state, or local government.

Crimes have several basic common elements: (1) a voluntary act ("actus reus"); (2) a culpable intent ("mens rea"); (3) "concurrence" between the mens rea and the actus reus; and (4) causation of harm.

Crimes are referred to as either crimes mala in se or crimes mala prohibita. Crimes mala in se are those that are wrong in and of themselves, such as murder, and crimes mala prohibita are those that are not in themselves wrong but are criminal simply because they are prohibited by statute, such as speeding.

Crimes are divided into three principal groups: treason, felonies, and misdemeanors.

Felony is a serious crime, usually defined as one punishable by death or by imprisonment for more than one year. The original common law felonies were felonious homicide, mayhem, arson, rape, robbery, burglary, larceny, prison breach (escape) and rescue of a felon.

Misdemeanor is a crime less serious than a felony, one punishable by imprisonment for up to one year or only by a fine.

Homicide is the killing of a human being by a human being. The term comes from the Latin homo (man) and cidere (to kill).

homicide

Excusable / justifiable	Felonious
1. self-defense	1. (with malice aforethought) murder
2. misadventure (where a man doing a	2. (without malice aforethought)
lawful act, without any intention of	manslaughter
hurt, unfortunately kills another)

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a) disqualification

b) fine

c) probation

d) reparation/ community service

e) restitution/ compensation

f) suspended sentence

3.lawful execution of a death sentence

4.as the only possible way to prevent the commission of felony which could not be otherwise avoided)

Murder is the unlawful killing of another human being with premeditated intent or malice aforethought. There are four types of murder, distinguished principally by the defendant’s mental state: (1) intent-to-kill murder; (2) intent- to-commit-grievous-bodily-injury murder; (3) "depraved heart" or "reckless indifference to the value of human life" murder; and (4) felony murder.

Manslaughter is the unlawful killing of another person without malice aforethought, which may be either voluntarily, upon a sudden heat of passion, or involuntarily, but in the commission of some unlawful act, such as resulting from criminal negligence or recklessness.

The distinction between "manslaughter" and "murder" consists in the following: in the former, though the act which occasions the death be unlawful or likely to be attended with bodily mischief, yet the premeditated intent (malice aforethought), which is the very essence of murder, is presumed to be wanting in manslaughter.

Task 4. Match the description with the type of alternative punishment. Translate the words in the second column.

1. The suspension of sentence on the offender subject to the condition that he is supervised while living in the community by an officer and possibly agrees to comply with such other requirements as the court may think appropriate 2. A sentence to go to prison, which a criminal does not serve unless he or she commits another crime within a specified period of time

3. The method under which the offender makes good the damage he has done through his crime by providing services to the victim directly or indirectly through the community

4. A punishment in which a person is ordered to pay a sum of money

5. The method under which the offender should pay money for personal injury, loss or damage resulting from the offense

6. The act of stopping the offender from doing something

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UNIT 5. CIVIL LAW. TORTS.

Task 1. Read the text and explain the meaning of the word “tort”. Give a Russian equivalent of this word. Translate “tort law” and “tortfeaser (committer of tort)”.

Many wrongs in the society are neither punished as crimes nor remedied as breaches of contract. Suppose a workman accidentally drops a brick on my head when I am walking past the construction site, or suppose a neighbor's bonfire gets out of control and damages my house. In either case, there is no contract between me and the other party and it is unlikely anyone will be prosecuted for a crime unless intention or recklessness can be shown. In order to get compensation for such injury or damage, my best course will probably be an action in the law of torts.

The concept of tort – a wrongful act among private individuals – exists in most modern systems of law. The word itself means "wrongful" in French, but is used in the mostly English-speaking common law traditions.

Torts include: trespass, nuisance, negligence, defamation.

UNIT 6. CONTRACT LAW

Task 1. Define the meaning of the following terms of contract law. Translate them into Russian

Contract Offer Acceptance Certain terms

Intention to be legally bound Valuable consideration

Task 2. Translate the text paying special attention to the words in bold.

Once a court decides that there has been a breach of contract, it must then judge how the party in breach must compensate the other party. The usual award is damages – monetary compensation. Instead of damages, a plaintiff sometimes asks the court to force the other contractor to carry out the contract. In English law this is called specific performance. A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract. Specific performance and injunctions are remedies which were developed by the courts of equity.

Task 3. Translate the names of the following agreements and the parties

1.contract for (provision of) services, services agreement сlient [сustomer] – contractor [service provider]

2.sale and purchase agreement (SPA) seller-buyer

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3.supply contract supplier – recipient

4.lease agreement

lessor – lessee; landlord-tenant

5.pledge agreement pledgor – pledgee

6.loan agreement lender – borrower

7.bank deposit agreement bank – client [customer]

8.agency agreement principal – agent

9.commission agreement principalcommission agent

10.confidentiality agreement / non-disclosure agreement disclosing party – receiving party [confidee]

11.franchise agreement franchisor – franchisee

12.trademark licence agreement licensor – licensee

13.mortgage agreement mortgagor – mortgagee

14.deed of gift, gift agreement donor – recipient

15.credit (facility) agreement creditor – borrower

Task 4. Translate the titles of the following clauses of a contract.

•Subject of the Contract

•Rights and Obligations of the Parties

•Liabilities / Responsibility

•Acceleration

•Warranties and Representations

•Assignment

•Entire agreement

•Severability

•Arbitration. Settlement of Disputes / Dispute Resolution

•Term of the Contract / Duration

•Force Majeure

•Alteration of the Conditions. Termination of the Contract

•Governing / Applicable Law

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•Counterparts

•Other Provisions

•Signatures and Legal/Official Addresses of the Parties

Task 5. Translate some typical provisions of a contract. Match them with the titles in Task 4.

1.This agreement is made the 6 day of October 2004 between company

_______ a company incorporated under the laws of UK, having its registered address at ________, hereinafter referred to as "Principal", represented by the Attorney Mr. _______, acting by virtue of the Power of Attorney, of the one part and company _______a company incorporated under the laws of the United States of America, having its registered address _______, hereinafter referred to as "Agent", represented by the Director/Attorney _______ , acting by virtue of the Charter/Power of Attorney, of the other part.

2.Whenever, within the sole judgment of Seller, the credit standing of Buyer shall become impaired, Seller shall have the right to demand that the remaining portion of the contract be fully performed within ten (10) days.

3.Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

4.This Agreement may not be assigned without the prior written consent of the other party, except that Buyer may assign the Agreement to a subsidiary or related corporation so long as the owners of at least seventy five per cent (75%) of the stock of such corporation are either Buyer or the shareholders of Buyer.

5.This Agreement, including the Schedules and Exhibits attached hereto, constitutes and contains the entire agreement of the parties with respect of the subject matter hereof and collectively supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the Subject matter hereof. No party is relying on or shall be deemed to have made any representations or promises not expressly set forth or referred to in this Agreement.

6.This Agreement shall come into effect immediately following its execution by the Client and the Consultant and shall continue in force until notice on termination is given by either party to the other.

7.Any amendment, variation or cancellation of this Agreement shall be valid only if expressly agreed in writing by duly authorized representatives of each party.

8.This Agreement has been executed in 2 original copies, one for each party, both copies being equally valid.

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9.If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.

10.This Agreement shall be governed by the laws of England and Wales.

Task 6. Translate the following clichés.

•в случае невыполнения обязательств по договору

•в соответствии с пунктом 3 настоящего договора

•действующий на основании Устава

•договор вступает в силу

•заключили договор о нижеследующем

•сторона обязуется

•согласованы в письменной форме

Task 7. Translate the following sentences into English.

1.Воронежский государственный университет, именуемый в дальнейшем Университет, в лице ректора Ендовицкого Д.А., с одной стороны, и Студент юридического факультета Петров М.С., именуемый в дальнейшем «Студент», с другой стороны, заключили настоящий договор о нижеследующем.

2.Студент обязуется посещать все виды занятий, предусмотренные учебным планом.

3.При отсутствии своевременной оплаты за соответствующий период обучения Студент не допускается к занятиям и подлежит отчислению

сдополнительной образовательной программы.

4.Настоящий договор вступает в силу с момента внесения Студентом первого взноса и действует до 20__г.

5.Споры, возникающие между сторонами, разрешаются в порядке, установленном законодательством Российской Федерации.

6.Настоящий договор подписан в двух экземплярах, имеющих равную юридическую силу, по одному экземпляру для каждой из сторон.

UNIT 7. DOCUMENTS OF LEGAL ENTITIES

Task 1. Compare company types in the UK, USA and Russia. Translate the names of the company types.

•	UK	•	USA	•	Russia
	Sole trader		Sole proprietor		Индивидуальный
•		•		•	предприниматель
	Limited		Limited		Товарищество на
•	partnership	•	partnership	•	вере
	General		General		Полное
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•	partnership	•	partnership	•		товарищество
	Private limited		S corporation			ЗАО
•	company (Ltd)	•		•
	Public limited		C corporation			ПАО
	company (PLC)			•		ООО
	Task 2. The following documents must be submitted to form a company.
Translate their titles.
•	UK	•	USA		•	Russia
	Articles of		Articles of			Устав
•	association	•	incorporation		•
	Memorandum of		Corporate bylaws			Учредительный
	association					договор

Task 3. Translate the following document.

ARTICLES OF INCORPORATION

OF STAR ENTERPRISE INC

The undersigned, an individual, does hereby act as incorporator in adopting the following Articles of Incorporation for the purpose of organizing a business corporation, pursuant to the provisions of the Business Corporation Act of the State of Nebraska.

FIRST: The corporate name for the corporation (hereinafter called the “Corporation”) is Star Enterprise Inc.

SECOND: The number of shares the corporation is authorized to issue is 1,000 (one thousand) shares with a par value of $1,00 (one dollar) per share.

THIRD: The street address of the initial registered office of the corporation in the State of Nebraska is…

The name of the initial registered agent of the corporation at the said registered office is…

FOURTH: The name and the address of the incorporator are…

FIFTH: The purposes for which the corporation is organized are as follows:

To engage in any lawful business.

SIXTH: The personal liability of the directors of the corporation is hereby eliminated to the fullest extent permitted by the provisions of the Business Corporation Act of the State of Nebraska, as the same may be amended and supplemented.

SEVENTH: The duration of the corporation shall be perpetual. Signed on February 6, 2000.

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ТЕКСТЫ ДЛЯ САМОСТОЯТЕЛЬНОЙ РАБОТЫ

TEXT 1

COMMON LAW IN THE UK

The legal system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on common law. The common law consists of the substantive law and procedural rules that are created by the judicial decisions made in the courts. Although legislation may override such decisions, the legislation itself is subject to interpretation and refinement in the courts.

Essential to the common law is the hierarchy of the courts in all of the UK jurisdictions and the principle of binding precedent. In practice, this means that the decision of a higher court is binding on a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They’ll also consider decisions made in a lower court, although they’re not bound to follow them. However, a rule set by a court of greater or equal status must be applied if it’s to the point – relevant or pertinent.

During a trial, counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is applicable and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn’t actually set the precedent. The precedent is the rule of law which the first instance judge relied on in determining the case’s outcome.

TEXT 2

LAW COMMISSION ACT 2009

2009 CHAPTER 14

An Act to make provision in relation to the Law Commission.

[12th November 2009]

1 Reports on implementation of Law Commission proposals

After section 3 of the Law Commissions Act 1965 (c. 22) insert –

“3A Reports on implementation of Law Commission proposals

(1)As soon as practicable after the end of each reporting year, the Lord Chancellor must prepare a report on –

(a)the Law Commission proposals implemented (in whole or in part) during the year;

(b)the Law Commission proposals that have not been implemented (in whole or in part) as at the end of the year, including –

(i)plans for dealing with any of those proposals;

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