Английский методичка (Жаровская)

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6. The intentional or reckless destruction or damage of property by fire without the lawful

excuse.

7.A defamatory statement made by such means as words or gestures not in permanent form.

8.An intentional or reckless act that causes someone to be put in fear of immediate physical

harm.

9.Conduct comprising a breach of allegiance to the state.

10.A wrongful direct interference with another person or with his property without his

consent.

11.The offence of making a “false instrument” in order that it may be accepted as genuine, causing harm to others.

12.Dishonestly taking something which belongs to someone else and keeping it; stealing.

13.The act of going through a marriage ceremony with someone when one is already lawfully married to someone else.

14.The tort of wrongfully dealing with a person’s goods that constitutes the denial of the owner’s rights.

15.Speaking or writing of words that are likely to incite ordinary people to public disorder or insurrection.

16.Homicide that does not amount to the crime of murder but is still neither lawful nor

accidental.

17.Crime of illegally entering a place and stealing things.

18.The intentional or reckless application of physical force to someone without his consent.

Exercise 15. Match each person in the box with the description given below.

forger, hooligan, murderer, shoplifter, vandal, burglar, hijacker, pickpocket, smuggler,

witness

1.This person takes control of a plane or boat by force ______.

2.This person sees what happens during a crime or accident. ______

3.This person brings goods into the country illegally. ______

4.This person might steal food from a supermarket. ______

5.This person kills someone on purpose. ______

6.This person makes illegal copies of paintings, documents etc. ______

7.This person damages other people’s property. ______

8.This person might steal your wallet in a crowd. ______

9.This person steals from houses. ______

10.This person causes trouble at football matches. ______

Exercise 16. Complete each part sentence with one of the endings.

1.I decided to buy a burglar alarm after someone broke ______

2.When Alan was stopped outside the supermarket he ended ______

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3.After climbing over the prison wall, Peter managed to get ______

4.The old couple who live opposite were taken ______

5.At the end of the trial Hilary was found ______

6.My neighbours admitted denting my car but got away ______

7.The bank at the end of the street was held ______

8.Nobody saw Jack cheating and he got away with ______

9.The hijackers took fifteen people ______

a)in by a salesman who cheated them out of their money.

b)away by stealing a car parked nearby.

c)up at the police station, charged with shoplifting.

d)it, although everyone suspected what had happened.

e)into my house and stole my stereo.

f)with paying only £50 damages.

g)hostage and demanded £1,000,000 from the authorities.

h)guilty and sentenced to six months in prison.

i)up by two masked men last week

Exercise. 17. Fill in the gaps with the necessary words from the box.

vagrancy, assassination, smuggling, highjack, embezzling, libel, blackmail, manslaughter, trespass, arson, theft, bigamy, kidnap, perjury

1.If your passport has been stolen, report the ______ to your nearest embassy immediately.

2.He was arrested in connection with drug ______.

3.The recent series of airplane ______.

4.Flowers were laid to commemorate the anniversary of ______ of John Lennon.

5.“If you don’t give me the money, I’m going to tell your wife.” “This is ______!”

6.Two managers were charged with ______ $400,000 over a ten-year period.

7.This ______ meant that no one must go inside the property because it was not public like a park, but private.

8.Holt sued the newspaper for ______.

9.The driver of the train was charged with the ______ of 13 people.

10.Do you realise that by lying to the court you have committed ______?

11.Police are treating the fire as a case of ______.

12.The growing numbers of the poor were reflected in begging, ______ and theft, all of which led to repressive reactions.

13.Green, who has five wives and 30 children, had been charged with four counts of

______.

14.Terrorists have ______ a French officer and are demanding $400,000 from the French government.

Exercise. 18. What crimes are described in the following sentences?

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1.The crime of being disloyal to your country or its government, especially by helping its

enemies.

2.To take someone somewhere illegally by force, often in order to get money for returning

them.

3.The act of murdering a politician.

4.When someone tries to get money from you or make you do what they want by threatening to tell other people your secrets.

5.The crime of being married to two people at the same time.

6.Disobedience or disrespect towards a court of law.

7.The act of leaving the army, navy etc without permission.

8.The criminal offence of living on the street and begging from people.

9.The crime of taking something illegally from one country to another.

10.When people risk money or possessions on the result of something which is not certain, such as a card game or a horse race.

11.An attack on someone in which they are robbed in a public place.

12.To steal money from the place where you work.

13.The crime of killing someone illegally but not deliberately.

14.The crime of threatening to attack someone physically and then attacking them.

15.An organized attempt to change the government or leader of a country, using violence.

16.Speech, writing, or actions intended to encourage people to disobey a government.

17.The crime of deliberately making something burn, especially a building.

18.The act or crime of stealing.

19.To go onto someone’s private land without their permission.

20.When someone writes or prints untrue statements about someone so that other people could have a bad opinion of them.

21.The crime of killing a child.

22.The crime of stealing money or things from a bank, shop etc, especially using violence.

Exercise 19. There are words denoting types of crimes in the box. Choose the suitable word for each definition. Mind that there are odd words in the box. Give Russian equivalents for the described crimes and classify each crime as violent or non-violent.

armed robbery, blackmail, vagrancy, arson, fraud, murder, speeding, shoplifting, burglary, assault, libel, theft, treason, sexual assault, assassination, money laundering, perjury, homicide, bigamy, drug dealing, forgery, parking, smuggling, battery, embezzlement, gambling, extortion, manslaughter

1.A generic term for the killing of another person.

2.Any instance in which one party deceives or takes unfair advantage of another.

3.Attempt to use illegal force on another person.

4.Attempt to use illegal force on another person in the absence of consent to sexual

relations.

5.Attempt to transform illegally acquired money into apparently legitimate money.

6.Driving a vehicle in excess of the permitted limit.

7.Leaving one’s vehicle in an area or for a duration in contravention of the law.

8.Possession of and/or trading in illegal substances.

9.Taking the property of another without right or permission.

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10.The actual use of illegal force on another person.

11.The crime of breaking into a private home with the intention of committing a felony.

12.The unlawful killing of a person with intent.

13.The unlawful killing of a person without malicious intent and therefore without premeditation.

14.The unlawful taking of another’s property using a dangerous weapon.

15.Setting fire to a building.

16.Going through a ceremony of marriage when you are still married to someone else.

17.Killing a public figure illegally and intentionally.

18.Getting money from people by using threats.

19.Telling lies when you have sworn an oath to say what is true in court.

20.Betraying your country to a foreign power.

21.Making an illegal copy of a banknote or document.

22.Using illegally or stealing money which you are looking after for someone else.

23.Taking goods illegally into or out of a country.

24.Getting money from people by threatening to publicise facts they do not want revealed.

25.Writing, publishing or broadcasting a statement which damages someone’s character.

Exercise 20. Read the statements of defendants and say what crime has each one been accused of.

1.“I arrived home late and found that I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We’ve just moved house and I didn’t realize I was in the wrong street ...”

2.“I was walking my dog when I saw the gun lying on the ground. I picked it up — it was still warm — and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police arrived ...”

3.“I opened the bank account in a false name as a way to help my employer pay less tax. It’s perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance ...”

4.“Ok, so there are a hundred and twenty-three copies of Four Weddings and a Funeral. That’s perfectly true, but I had no intention of selling them. I'm a collector.”

5.“Well this obviously isn’t my suitcase. I’ve never seen this things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That’s probabl y how the two cases got mixed up. After all, JA aren’t very unusual initials. A photograph with me in it? My word, That’s incredible! It must be someone who knows me ...”

6.“I didn’t know she was still alive, I thought she’d died in a car accident. I couldn't believe it when I saw her walk into the room. Surely you don’t think I did this just to get your money ...?”

7.“You misunderstand me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etcetera. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return ...”

8.“After leaving the office I realized I’d forgotten my umbrella. I went back in to get back it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in office. I didn't ever look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase — intending to use the other

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side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders came out of his office ...”

9.“I painted them for pleasure. I had no intention of deceiving people. I never said they where by other people. Yes, I did include the signatures of other artists but that's because I wanted them to be perfect copies ...”

10.“Mr Wills sent me the money to help me in my business venture — I’m trying to start a design agency. He sent me cheques every month for $ 1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn’t write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.”

Exercise 21. Translate the sentences into English using words and word combinations from your active vocabulary:

1.Суд признал его соучастником преступления, укрывавшим преступника.

2.Его осудили за незаконное присвоение имущества.

3.Это классифицируется как незаконное проникновение в чужое помещение.

4.Физическое насилие при отягчающих обстоятельствах карается длительным сроком.

5.Прокурор требовал осудить обвиняемого за преднамеренное убийство, но присяжные отклонили обвинение и признали судебный случай самозащитой.

6.Из-за медицинской халатности она стала инвалидом.

7.Общественность возмущена хладнокровным убийством адвоката.

8.Был предотвращен преступный заговор с целью совершения политического убийства.

9.Их задержали за нарушение общественного порядка.

10.К сожалению, уровень подростковой преступности растет.

11.Это было хладнокровное убийство с целью устранения конкурента по бизнесу.

12.В большинстве стран торговля наркотиками преследуется законом.

13.Операция по задержанию преступников прошла успешно.

14.К преступлениям также относятся заговор и вымогательство.

15.У нас нет доказательств его невиновности.

Exercise 22. Use the text and logical reasoning to explain the meaning of the following words and phrases. Use them in your own sentences and translate into Russian.

1. unlawful, 2. evidence of innocence, 3. act of violence, 4. malice aforethought, 5. defense of duress, 6. to lessen the sentence, 7. found guilty, 8. knowingly, 9. to avoid guilt, 10. unreasonable force, 11. to mitigate crimes, 12. crime of passion, 13. criminal liability, 14. because of recklessness

Exercise 23. Define whether the following statements are true or false. Explain your choice using the models:

1.The suspect himself has to prove that he hasn’t committed a crime.

2.In codified systems, elements of proof of a crime are usually recorded in statutes.

3.Malice aforethought refers to the actus reus of a crime.

4.English law sometimes allows the defense of duress.

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5. A person is not responsible for his actions if he is intoxicated.

Exercise 24. Answer the questions:

1.What are the two important elements of a crime which the prosecution must prove? Describe them.

2.Name and explain three defenses.

3.What is the difference between a defence and mitigation?

Exercise 25. In each group of words find an odd one not belonging to a certain type of offences. Name each type of offence and explain your choice.

1.gambling — drug trafficking — tax cheating — bookmaking

2.mayhem — battery — sedition — kidnapping;

3.slander — libel — racketeering — medical malpractice

4.trespass — fraud — swindle — tax cheating

5.embezzlement — treason — coup — rebellion

6.disorderly conduct — mayhem — public drunkenness — driving violations

Exercise 26. Explain the meaning of the following offences:

malpractice	negligent homicide
felony	mercy killing
misdemeanor	accessory after (before) the fact
petty offense	drug abuse
disorderly conduct	addiction (an addict)
indictable offenses	drug trafficking
premeditated murder	loan sharking

DISCUSSION

1.Give extended commentaries on the following statements using necessary legal terms:

1.There is no universally accepted definition of a crime.

2.Criminal law is one of two main branches of law.

3.In the modern world there are certain acts that are almost universally regarded as

crimes.

4.New laws or new interpretations of existing laws may make activities criminal that were once legal or, on the other hand, they may legalize acts that were once criminal.

5.There are some acts which are crimes in one country but not in another.

6.War is not a crime.

7.The principle of legality is the keystone of criminal law.

8.Legal systems traditionally do not allow double jeopardy.

9.All systems of law have statutes of limitation.

10.Most countries refuse to extradite their citizens to the jurisdiction of other countries.

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11.It is generally agreed that the essential elements of a crime are voluntary action or failure to act and a certain state of mind.

12.Ignorance of the law is no excuse.

13.Persons suffering from mental defects are not responsible for their actions.

14.The law recognizes that the use of even deadly force may be justified under some circumstances.

Exercise 2. Discuss the problem:

Nicole’s car is running rough, so she takes it to City Repair Shop. The mechanic there tells her the car needs a tune-up and estimates the cost at $175. Nicole tells the mechanic to go ahead with the tune-up, but when she returns later to pick up the car, the total bill is $325. Did Nicole do something wrong? Did the repair shop do something wrong? What can happen if she refuses to pay the bill? Explain your answers.

UNIT 13 TORTS

VOCABULARY AND READING EXERCISES

Exercise 1. The following words from the box can be used with the prefix mis-, which has a negative meaning. Find out their meaning and supply the sentences with required words.

application, behave, deeds, interpretation, judgement, treat, use, trust, conduct

1.This new computer system is completely unnecessary and a ______ of taxpayers’ money.

2.There is a huge temptation to ______ on the financial markets when there is money to be

made.

3. Two directors have resigned following accusations of ______ of the company’s financial

affairs.

4.Since her release from prison she’s been making up for her past ______ by doing a lot of voluntary work.

5.Her ______ of the public’s concern about environmental issue lost her the election.

6.The inquiry has found evidence of serious mismanagement and ______ of funds over the past five years.

7.Although the dispute ended two years ago there is still considerable ______ between the management and the workforce.

8.The Jury’s decision to convict the defendant was based on a ______ of the evidence.

9.I think people who ______ their pets should be banned from keeping them.

Exercise 2. Read the words and practice the pronunciation. Translate the words.

Tort [tɔːt], negligence ['neglɪʤən(t)s], trespass ['trespəs], vicarious [vɪ'keərɪəs], nuisance ['njuːs(ə)n(t)s], defamation [ˌdefə'meɪʃ(ə)n], statutory ['stætjət(ə)rɪ], assumption [ə'sʌmpʃ(ə)n], disparagement [dɪ'spærɪʤmənt], punitive ['pjuːnətɪv], exemplary [ɪg'zempl(ə)rɪ], compensatory [ˌkɔmpən'seɪt(ə)rɪ], contributory [kən'trɪbjut(ə)rɪ], nominal ['nɔmɪn(ə)l], governmental [ˌgʌv(ə)n'ment(ə)l], immunity [ɪ'mjuːnətɪ], conversion [kən'vɜːʃ(ə)n], hazardous ['hæzədəs].

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Vocabulary

1.(n.) tort − деликт, гражданское правонарушение

2.(n.) negligence − небрежность; халатность

3.(v.) trespass (up)on) − посягать, злоупотреблять (чем-л.) причинять вред,

4.(v.) trespass against − посягать на (лицо, закон, права, принцип); нарушать (права)

5.vicarious liability − ответственность за действия других лиц; ответственность поручителя; субститутивная ответственность; субсидиарная ответственность

6.(n.) tortfeasor − правонарушитель

7.punitive/exemplary damages − штрафные убытки, убытки, присуждаемые в порядке наказания

8.actual/compensatory damages − фактический, реальный ущерб / компенсаторные, реальные, фактические убытки

9.defenses to negligence − защита от халатности

10.contributory negligence − встречная вина; неосторожность пострадавшего, вызвавшая несчастный случай

11.comparative negligence − относительная небрежность

12.nominal damages − номинальные убытки, номинальное возмещение, имеющее символическое значение

13.governmental immunity − государственный иммунитет, неприкосновенность

14.conversion − незаконное присвоение имущества, незаконное использование чьего-л. имущества в собственных целях ( также − изменение; переход)

15.(n.) litigation − судебный процесс

16.(n.) litigant − сторона (в судебном процессе) ,тяжущаяся сторона, сторона в гражданском процессе

17.intentional tort − умышленное правонарушение

18.hazardous activity − опасная деятельность

19.product liability − ответственность за продукт

20.legal remedy − средство правовой, судебной защиты

21.(n.) nuisance − источник вреда

22.(n.) defamation − клевета диффамация(разглашение правдивых сведений, позорящих другое лицо)

23.statutory − установленный, предписанный (законом)

24.strict liability − обязанность граждан возмещать ущерб, причиненный в результате какоголибо недоразумения другим лицам строгая ответственность;

25.false imprisonment − неправомерное лишение свободы

26.duty of care − обязанность соблюдать осторожность

27.actionable − дающий основание для судебного преследования, дающий право на возбуждение иска 2) применимый на практике, имеющий большое практическое значение

28.assumption of risk − принятие риска

29.disparagement of reputation − опорочивание репутации

30.harmful − вредоносный, вредный

31.detonating explosive − взрывчатка

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Exercise 3. Complete the missing forms
Noun	Verb	Adjective
definition	—	—
—	act	—
permission	—	—
—	—	violent
—	compensate	—
authority	—	—
—	—	false
defamation	—	—
—	insure	—
—	—	statutory
treatment	—	—
—	deter	—
—	—	liable

Exercise 4. Match the words with their definitions.

conversion, battery, trespasser, prevent, accident, authorize, liability, tortfeasor, defamation, infringement

1.A person who makes a wrongful act, injury or damage for which a civil action can be brought.

2.Something which happens unexpectedly and unintentionally, esp. causing damage or injury.

3.To give official permission for something to happen, or to give someone official permission to do something.

4.Taking and using another’s property unlawfully.

5.Damage to a person’s or group’s reputation by saying or writing bad things about them which are not true.

6.Violation of patent, copyright or trademark rights.

7.To stop something happening or someone doing something.

8.A person who enters another’s property unlawfully.

9.Responsibility for something or somebody.

10.Touching somebody in harmful or offensive way.

Exercise 5. In each of the following sets of four, odd one word or expression out — it does not fit with the others. Consult a dictionary if necessary.

e.g. lawyer — judge — criminal — policeman, ‘criminal’ does not fit

1.divorce — married — separated — alone

2.judge — counsel — barrister — solicitor

3.robbery — arson — shoplifting — burglary

4.indict — accuse — charge — convict

5.responsibility — duty — right — obligation

6.murder — blackmail — manslaughter — homicide

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7.hereafter — hereinafter — hereunder — herewith

8.collateral — plea — surety — guarantor

9.condemnation — clemency — pardon — mercy

10.guillotine — electric chair — gas chamber — execution

11.dispense — distribute — disburse — discredit

12.ransom — abduct — take hostage — kidnap

13.accidentally — deliberately — knowingly — willfully

14.verdict — ruling — appeal — decision

15.intellectual property — royalty — patent — copyright

16.joint venture — partnership — contract — merger

17.accused — witness — defendant — prisoner

18.admit — permit — allow — deny

19.award — mete out — prescribe — imprison

20.harm — wrong — damages — injury

21.statement — libel — slander — disparagement

22.breach — cancellation — violation — infringement

Exercise 6. Insert the correct prepositions in the extract below

“The king can do no wrong” was the binding adage 1) ___ the English legal system 2) ___ the simple reason that the courts were set up 3) ___ and belonged 4) ___ the monarch. The judges only had power because he granted it 5) ___ them, and they certainly were not 6) ___ to “bite the hand that fed them”. 7) ___ the Declaration of Independence on July 4, 1776, this freedom 8) ___ responsibility changed slightly, but it was retained 9) ___ what we know today 10) ___ “governmental immunity”. This protection 11) ___ the consequences 12) ___ tortious governmental acts has been weakened

13)	___ recent years, but it still remains 14) ___ a shield that most governmental bodies can hide
15)	___, even though their citizens generally cannot. Spouses, parents, and charities also enjoyed the

biased favour 16) ___ the courts 17) ___ recently. Today, however, the federal government can be sued 18) ___ its negligent conduct (but not 19) ___ its intentional torts) or to hold it strictly liable. 20) ___ the state level, governmental immunity is still the rule.

Exercise 7. Read the underlined words and translate them. Then read the text. Make notes of their main points. Be ready to discuss the text. Do some practice after reading to check your knowledge.

What is a tort?

A shopper backs his car into your new vehicle in the mail’s lot. A drunk punches you in your nose.

A newspaper improperly identifies you as the shoplifter picked up yesterday in a local store. A truck overturns and spills gasoline that pollutes your land.

A competing business “bugs” your office with listening devices.

A doctor improperly diagnoses your problem as stomach flu when, in reality, you have appendicitis.