IVсеместр

1. Прочитайте текст.

RIGHTS OF APPEAL

In a civil case either party may appeal to a higher court. But in a criminal case this right is limited to the defendant. Appeals in either civil or criminal cases may be on such grounds as: errors in trial procedure and errors in substantive law, i.e., in interpretation of law by the trial judge. These are the most common grounds for appeals to higher courts although there others.

The right of appeal does not extend to the prosecution in a criminal case even if the procurator should discover new evidence of the defendant’s guilt after his acquittal. Moreover, the state is powerless to bring the defendant to trial again on the same charge. The Constitution of the United States and those of most states prevent retrial under provisions known as double jeopardy clauses.

Criminal defendants have a further appellate safeguard. Those convicted in state courts may appeal to the federal courts on grounds of violation of constitutional rights, if such grounds exist. This privilege serves to impose the powerful check of the federal judicial system upon any abuses that may occur in state criminal procedures.

The record on appeal consists of the papers filed in the trial court and the court reporter’s transcript of the evidence. The latter is called a bill of exceptions or transcript on appeal and must be certified by the trial judge to be true and correct. In most states only so much of the record need be included as will properly present the questions to be raised on appeal.

2. Ответьте на вопросы на русском языке:

1. Which party has the right of appeal?

2. What are the most common grounds of appeals?

3. Why is retrial impossible in the USA?

4. What courts and on what grounds may those convicted in state courts appeal?

5. What papers does the record on appeal consist?

3. Найдите предложения, несоответствующие содержанию текста, и исправьте их.

1. In a civil case the right of appeal is limited to the defendant

2. Appeals in criminal cases may be on such grounds as errors in trial procedure.

3. The state has the right to bring the defendant to trial again if the procurator can discover new evidence of the defendant’s guilt.

4. The Constitution of the United States and those of most states prevent retrial.

5. Those convicted in state courts may appeal to the federal courts.

6. A bill of exceptions or transcript on appeal needn’t be certified by the trial judge.

Итоговые контрольные работы

Итоговые контрольные работы составлены Недоспасовой В.Г., Пустоваловой Н.В.

Итоговая контрольная работа №1 для студентов юридического факультета I курса

IIсеместр

I Поставьте глагол, данный в скобках в нужную видовременную форму:

The United States (to have) many election days because there are so many levels of Government. States set their own election days for state and local officials. City and county elections take place on a variety of dates. Generally, state officials (to elect) on a day that (to select) by Congress for national elections in the nation’s early years. This day (to be) the first Tuesday after the first Monday in November. This rule may seem complicated, but there was a reason for it. Most Americans at that time (to live) in small towns and rural areas. Elections had to be held at a time when the weather (to be) still good and when the harvest (to be) over, so farmers wouldn’t have to worry too much about their work. It also (to have) to be on a day of the week that was not a religious one. The November Tuesday rule was the result.

II. Задайте 5 вопросов по содержанию текста.

III.Поставьте глагол, данный в скобках в нужную видовременную форму:

1. Look! The bridge (repair).

2. The letter and the parcel (post) tomorrow.

3. Margaret (know) to be a very industrious person.

4. The doctor said that Tommy’s leg (X-rayed) the following day.

5. Dad phoned us and asked if our luggage (already/pack).

6. Mike hoped that his friend (help) him with his car.

7. We didn’t know the score, but we were sure their team (lose) the game.

8. Yesterday Tom heard that his aunt (be ill) for five days.

9. He gave all his money to me because he (trust) me.

10. Hurry up, John. I’m waiting for you. You (have a bath) for an hour.

11. How long you (sit) here?

12. You (write) this composition for two hours and can’t complete it.

13. The amount of crime (increase) for the last ten years and we can’t stop this process.

IV.Переведите предложения на русский язык:

1. Strictly speaking, the Prime Minister and Cabinet are the advisers of the monarch.

2. The Senate, also called the Upper House, is patterned after the British House of Lords.

3. Being divided into 11 judicial circuits the USA has a Federal Court of Appeal in each circuit.

4. Having passed both the Houses the bill became a law.

5. Being divided into executive, legislative and judicial branches, all power in each state is similar to that of the entire nation.

6. A “constitution” meaning in American political language the set of rules, laws, regulations and customs provides the practical norms and standards regulating the work of the government.