Unit 3 Law

3.1 Common law and equity

Activity 1 Match the following expressions with their English equivalents.

1	explicitly acknowledged	A	влада
2	according to	B	середньовічна Англія
3	the first scholar	C	перевизначити
4	the Norman conquest	D	негнучка система
5	sought explanations	E	загальні права і справедливості
6	to override	F	самодержавне правосуддя
7	doctrine of precedent	G	перший вчений
8	authority	H	англійська монархія
9	medieval England	I	елітна група
10	acquire	J	відповідно до
11	inflexible system	K	доктрина прецеденту
12	common law and equity	L	шукали пояснення
13	autocratic justice	M	норманське завоювання
14	elite group	N	набувати
15	English monarchy	O	явно визнані

Activity 2 Read new words with their translation.

equity['ekwɪtɪ]	справедливість
explicitly[ɪk'splɪsɪt]	точний; ясний; детальний
acknowledged	визнаний, загальновизнаний
bind	в'язати, зв'язувати; перев'язувати
rely on	покладатися
codify	шифрувати; приводити в систему
unification	об'єднання
tribal	родовий, племінний
acquire	набувати; здобувати
rigid	незламний
petition	прохання, клопотання
fuse	топити(ся); плавити(ся)
scholar	вчений
erratic	дивний, чудний
merely	тільки, лише; просто
seek -sought	шукати, розшукувати
explanation	пояснення, тлумачення
underlying	що лежить в основі; основний

Activity 3 Read the following text.

Common law and equity

Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. The "doctrine of precedent", or stare daisies (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts. Common law systems also rely on statutes, passed by the legislature, but may make less of a systematic attempt to codify their laws than in a "civil law" system. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec). In medieval England, the Norman conquest led to a unification of various tribal customs and hence a law "common" to the whole country. The common law developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. This powerful judiciary gave rise to a rigid and inflexible system of common law. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor's foot. But over time it developed solid principles, especially under Lord Eldon. In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it. But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.

Activity 4 Answer the following questions.

1. What do you know about common law and equity?

2. Common law originated from England, didn`t it?

3. When did the common law develop?

4. What do you know about Magna Carta?

5. Who was William Blackstone?

Activity 5 Decide which of these statements are true and which are false.

1. Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources.

2. Common law systems may make less of a systematic attempt to codify their laws than in a "civil law" system.

3. Common law originated from the USA.

4. Common law has been inherited by almost every country once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec).

5. The common law developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France.

6. King John had been forced by his barons to sign "great charter" or Magna Carta .

7. A concentrated and elite group of judges acquired a dominant role in law-making.

8. In 1397 the English Court of Common Pleas had five judges.

9. From the time of William Blackstone the first lawyer to be appointed as Lord Chancellor.

10. Sir Thomas More was the first scholar to describe and teach common law.

Activity 6 Translate in a written form.

All legal systems deal with the same basic issues, but jurisdictions categories and identify its legal subjects in different ways. A common distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract, tort and property). In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions. International, constitutional and administrative law, criminal law, contract, tort, property law and trusts are regarded as the "traditional core subjects", although there are many further disciplines .