Автор: Авакина Татьяна Вячеславовна
преподаватель иностранного языка
АНО ВО «Московский гуманитарный университет», колледж
Свидетельство о публикации в электронном СМИ: ПТ № 25807
Сборник заданий по выполнению практических работ по дисциплине «СГ.02. Иностранный язык в профессиональной деятельности» для студентов специальности 40.02.04 Юриспруденция
АВТОНОМНАЯ НЕКОММЕРЧЕСКАЯ ОРГАНИЗАЦИЯ ВЫСШЕГО ОБРАЗОВАНИЯ
«МОСКОВСКИЙ ГУМАНИТАРНЫЙ УНИВЕРСИТЕТ»
Сборник заданий по выполнению практических работ
по учебной дисциплине
СГ.02. Иностранный язык в профессиональной деятельности
для студентов специальности 40.02.04 Юриспруденция
направленность: юрист в сфере
правового обеспечения организаций и граждан
квалификация выпускника – юрист
(Часть II)
г. Москва,
2026
| ОДОБРЕНОМетодический совет КолледжаПротокол № 3от «19» марта__________ 2026 г. | УТВЕРЖДАЮЗаместитель директора Колледжа МосГУ по УМР________________ Толкачева Н. Н.«19_» март_______________2026 г. | |
|---|---|---|
| Рассмотрено на заседании предметной комиссии «Филология и лингвистика».Протокол № 8от «17» _марта_______ 2026 г.Председатель ПКФ.И.О.______Конченко Е.В. | Составлено в соответствии с рабочей программой учебной дисциплины СГ.02. Иностранный язык в профессиональной деятельности для специальности 40.02.04 Юриспруденция, направленность: юрист в сфере правового обеспечения организаций и граждан, квалификация выпускника – юрист. |
Авторы-составители: Авакина Т.В., преподаватель I категории Колледжа МосГУ, Конченко Е.В., преподаватель I категории Колледжа МосГУ
Ответственный за выпуск: Щербакова И.П., методист колледжа МосГУ
Сборник заданий по выполнению практических работ по дисциплине СГ.02. Иностранный язык в профессиональной деятельности для студентов специальности 40.02.04 Юриспруденция, направленность: юрист в сфере правового обеспечения организаций и граждан, квалификация выпускника – юрист. (Часть II). Авторы-сост.: Авакина Т.В., Конченко Е.В., – М.: Изд-во Московского гуманитарного университета, 2025. – 46 с.
© АНОВО «Московский гуманитарный университет», 2025
СОДЕРЖАНИЕ
| Пояснительная записка……………………………………………… 4 | |
|---|---|
| Тема 4.1. Моя будущая профессия ………………………………… 5Тема 4.2. Право …………………………………………………………..13Тема 4.3. Государство и право. Конституционное право………… 17Тема 4.4. Отрасли права: административное и трудовое право …. 21Тема 4.5. Отрасли права: договорное право; уголовное право……24Тема 4.6. Судебная система………………………………………… 28Тема 4.7. Юридические документы………………………………… 32Список тем для ПА-3 и ПА-4……………………………………… 41Приложение 1. Рейтинговая карта студента……………………… 43 | |
Пояснительная записка
Сборник заданий по выполнению практических работ по дисциплине СГ.02. Иностранный язык в профессиональной деятельности для студентов специальности 40.02.04 Юриспруденция среднего профессионального образования, направленность: юрист в сфере правового обеспечения организаций и граждан, квалификация выпускника – юрист. (Часть II) служит дополнительным пособием к основному учебнику Английский язык для юристов (B1–B2): учебник и практикум для вузов / И. И. Чиронова [и др.]; под общей редакцией И. И. Чироновой. — 2-е изд., перераб. и доп. — Москва: Издательство Юрайт, 2026. Сборник предназначен для контроля и проверки степени усвоения минимума содержания и уровня подготовки студентов Колледжа МосГУ и ориентирован на тренинг лексических и грамматических единиц, изученных на практических занятиях.
Сборник содержит тексты, задания и упражнения по лексике и грамматике в пределах изучаемой программы учебной дисциплины, которые предназначен для аудиторной работы студентов.
Контроль над выполнением заданий осуществляется преподавателем и оценивается по балльной системе. Своевременное и качественное выполнение заданий является необходимым условием для успешной подготовки к различным идам контроля: текущему контролю, текущему (рубежному) контролю (ТРК-3 и ТРК-4), промежуточной аттестации (ПА-3 и ПА-4) по дисциплине СГ.02. Иностранный язык в профессиональной деятельности.
3 курс
5 семестр
Тема 4.1. Моя будущая профессия
Text 1. My specialty
Careers in law encompass a wide range of roles for attorneys and lawyers, from jobs in corporate and business law to family and medical law. The four ‘main types of law’ are often called constitutional, statutory, administrative, and common law. Only you can decide what type of law is best for you to pursue, what types of law to practice are determined by a myriad of factors, depending on your own personal circumstances, passions and interests. Becoming a lawyer offers numerous advantages and opportunities, but it also comes with its own set of challenges and drawbacks.
Law is a complex and dynamic field that offers continuous intellectual stimulation and problem-solving opportunities. Lawyers engage in critical analysis, research, and argumentation to address legal issues and advocate for their clients’ interests. Lawyers have a wide range of career options available to them, including private practice, government work, corporate law, public interest law, academia, and more. This diversity allows lawyers to pursue their interests and passions in various areas of law. Lawyers often have the potential to earn high salaries, particularly in prestigious law firms or specialized practice areas. Successful lawyers can command substantial fees for their services and enjoy financial stability and career advancement opportunities. Lawyers have the opportunity to make a positive impact on society by advocating for justice, defending individual rights, and shaping public policy. They play a crucial role in upholding the rule of law and protecting the rights and freedoms of individuals and communities. The legal profession offers opportunities for lifelong learning and professional development. Lawyers must stay abreast of changes in laws, regulations, and legal precedents, which requires ongoing education and training to maintain their expertise and effectiveness.
They say everything has pros and cons. The legal profession is notorious for its demanding workload and long hours. Lawyers often face tight deadlines. Achieving a healthy work-life balance can be challenging for them. Long hours, evening and weekend work, and frequent travel can take a toll on personal relationships, health, and overall well-being. The legal job market can be highly competitive, especially for entry-level positions and prestigious opportunities. The nature of legal work may expose lawyers to emotionally challenging situations, including conflicts. Nevertheless, the legal profession is a noble profession with responsibilities both inside and outside it. The underlying ethos of the legal profession is the service to society. The aim is to protect citizens from social diseases. The purpose of law in society is to preserve the moral sanctity that regulates a society. Therefore, the legal profession is regarded as the upholder and protector of law. It is a service-oriented profession which aims to serve society. Lawyers are considered to be social engineers, who bring about social change and development.
Exercise 1. Read the text and make a note of the new words. Transcribe and learn them. Take into account that remembering how the words were used is as important as the meanings themselves, because it will help you to use them correctly in the future.
Exercise 2. Find in the text and read out the sentences describing the following pros and cons of being a lawyer:
- intellectual challenge:
- variety of career paths:
- financial rewards:
- impact and influence:
- continuous learning:
- long hours and stress:
- work-life balance:
- job market competition:
- emotional toll:
Practice speaking for your learning portfolio.
Topic 1. “My specialty”
Exercise 3. Use new vocabulary to present the topic about your specialty.
Text 2. Professional qualities and skills
While a thorough knowledge of the law is incredibly important, it isn’t the only ingredient for a successful legal career. Whether you’re preparing for a job interview or contemplating a career change understanding personal qualities is important. Personal qualities heavily influence what we choose to do for a living and also impact how successful we are in our jobs. Traits like empathy, resilience, integrity and adaptability are all important to thriving in the workplace. The ability to manage stress effectively is the key to workplace success. Employers are looking for people who can work well under pressure and perform their duties diligently. Lawyers have distinct personalities. They tend to be enterprising individuals, which means they’re adventurous, ambitious, assertive, extroverted, energetic, enthusiastic, confident, and optimistic. They are dominant, persuasive, and motivational. Some of them are also investigative, meaning they’re intellectual, introspective, and inquisitive.
One of the most important skills lawyers need, it basically means possessing knowledge of current developments in local, national and world business, particularly issues that impact a law firm and its clients. Accuracy is a vital law skill and is pivotal to the success of the legal career. A word out of place can change the meaning of a clause or contract, while misspelt or ungrammatical emails, letters or documents can give a bad impression. Strong oral and written communication skills are crucial to a legal career and without them you’ll struggle to carry out the duties effectively. Excellent listening ability is also important, as you need to be able to build relationships and engender confidence. You need to be a confident speaker when explaining complex information to clients. You’ll have to use persuasive, clear and succinct language. Written ability is equally important when drafting letters and legal documents. You’ll need to know technical and legal language and be able to convey it clearly and concisely. Reading large amounts of information, absorbing facts and figures, analysing material and distilling it into something manageable is a feature of any law career. Being able to identify what is relevant out of a mass of information and explain it clearly and concisely to your client is key.
Winning cases is a team effort. Lawyers need to collaborate with colleagues and partners, as well as liaise with clients. They need to foster a close working relationship with their clerks and will often work high-profile cases alongside other lawyers. The ability to work as part of a team is an essential legal skill. It’s important to be able to deal with people from all levels of the legal hierarchy, from trainees and pupils, to members of the judiciary.
Exercise 4. Read the text and make a note of the new words. Transcribe and learn them. Take into account that remembering how the words were used is as important as the meanings themselves, because it will help you to use them correctly in the future. –Поменять все номера упражнений 5 и далее……
Exercise 70. Match the words and their definitions
concisely/crucial/ to distil information/ to draft/ to engender/ ingredient/ succinct/to thrive
— one of the parts of something successful
— to make people have a particular feeling or make a situation start to exist
— in a short and clear way that expresses what needs to be said without unnecessary words
— to write the first version of a document such as a letter, essay, or law, which may have details added, changed, or corrected later
— said in a clear and short way; expressing what needs to be said without unnecessary words
— to grow, develop, or be successful
— extremely important or necessary
— to get or show only the most important part of something
Exercise 71. Choose the suitable words from the previous exercise to complete the sentences.
Her work has been _____________to the project’s success.
Trust is a vital _____________in a successful career path.
She helped me _____________a letter of complaint.
The information was presented clearly and_____________.
Keep your letter _____________and to the point.
The vice-president’s speech did not _____________confidence in his judgment.
His business _____________ed in 2004.
Practice speaking for your learning portfolio.
Topic 2. “Professional qualities necessary for successful career growth”
Exercise 72. Use new vocabulary to present the topic about professional qualities necessary for successful career growth.
Exercise 73. Read the text about the legal profession in the English-speaking countries. The most important words are printed in bold. Transcribe and learn them.
Text 3. The legal profession in the English-speaking countries
There are two types of lawyer who practise in England. They are called barristers and solicitors. In the USA and most other countries, lawyers don’t make this distinction – a lawyer is simply known as an attorney-at-law, or an attorney.
In both England and the USA, it is not possible to take a special exam to be a judge. If you decide that you want to be a judge, you must get a lot of experience as a lawyer first, then apply to be a judge and wait to see if you are chosen.
Most law students in England become solicitors. When they finish their university studies they do a one-year legal practice course and then a two-year training contract with a law firm. After that, they are qualified solicitors. Many solicitors work for a legal practice, which is usually a partnership of solicitors who work together. Solicitors practise in many areas of law, although each solicitor usually chooses to specialise in one particular area. They represent their clients both in and out of court. It’s often described as acting for a client. The process of making a claim in the civil court is called litigation.
Barristers are usually self-employed lawyers but can work in partnerships in the way that solicitors do. They are specialists in advocacy, which is the skill of speaking for someone in court. They call this pleading a case. They also give opinions on areas of law to solicitors and the solicitors’ clients. It is not just barristers who have the right of audience in court. Solicitors are also allowed to represent their clients in court and many solicitors appear in court every day. It is not true to say that a client always needs a barrister in court.
When two persons are in dispute sometimes it is necessary to start a claim in the civil court. It’s ‘filing a claim’ or ‘issuing a claim’ process. Lawyers also say ‘starting proceedings but they do not use the verb ‘to prosecute’ in civil law because that verb is only used in criminal law. In England most civil claims are filed in the County Court. There are over 200 County Courts in England and Wales. Most cities and large towns have a County Court. The person who starts the claim is called the claimant in the UK. This person was called the plaintiff until 1999, when there were new court rules in England to make everything easier for people to understand. However, in the USA the claimant is still called the plaintiff. In both, England and the USA, the other party is called the defendant. A claim form is the document that a claimant uses to start legal action against the defendant. The claimant has to pay a sum of money, called a court fee, for the court to issue proceedings. In the claim form, the claimant must state the amount of his or her claim and request the defendant to pay all of the legal costs of the case.
In England and the USA there is an area of law called ‘the law of tort’. It is the law of civil responsibility. The law of tort says that everyone has a civil duty to be careful and not to hurt or harm another person. Lawyers call this civil duty ‘the duty of care’. Sometimes people breach this duty of care. To breach means to break. Very often they breach the duty of care by accident but sometimes they do it deliberately. If someone hurts or harms another person because of a breach, this harmful action is called a tort. This means that some things that might be criminal in your legal system are a tort in England and the USA. This area of law is easier to understand by thinking of a tort as being a type of civil wrong. The tort that happens most often is called negligence. Negligence is when someone is not careful enough and this person’s carelessness hurts another person as a result. The person who is hurt is called the injured person. The lawyer will try to get money from the careless person. This money is called ‘compensation’ or, more correctly, ‘damages’. Sometimes the lawyers can’t agree on the amount of damages. When this happens, the injured person may decide to sue the person who has hurt them. Suing someone is a more informal way of saying starting proceedings against someone in a civil court. The claim form will state the claimant’s allegations against the defendant. An allegation is like an accusation. The claimant is stating that something happened, but the defendant has the opportunity to say that this is not true. The reasons for going to court are called ‘the grounds’. The grounds for an action in tort are that the defendant committed a tort. Sometimes a lawyer who specialises in the tort of negligence makes an agreement with a client. The agreement is that if the client does not win the case then he or she does not have to pay for the lawyer’s services. This is called a ‘no win no fee’ arrangement. It is allowed in the UK and the USA.
Exercise 74. Here is a list of some important areas of law. Read what the lawyers say on the next page. They are talking about the work they do. Match the lawyer with the correct area of law.
- law of contract
- company law
- land law
- law of tort
- law of equity and trusts
- employment law
- family law
- immigration law
- intellectual property law
- criminal law
David: ‘I work in New York. I deal with clients from other countries who want to come and live here. I help them to get permission from the government to make their dream of living in the USA a reality.’
Tom: ‘I am with a law firm in Manchester. I am now in the second year of my training contract.
At the moment I deal with clients who are buying or selling their house. It is my job to make sure everything is correct and that the sale is valid.’
Jennifer: ‘I work in a very exciting area of law here in Los Angeles. I meet a lot of writers and musicians and sometimes even people from movie studios! I protect their rights and make sure that
no one can copy their work and make money from it without their permission.’
Alistair: ‘When I write the story of my life I will call my book, «Robbers, Murderers and Other Friends of Mine!» I work in Newcastle, which is in the north of England. I defend people who are in trouble with the police. They may even go to prison! It is my job to help them.’
Sunitta: ‘I work in Sydney, Australia. I give advice to people who are unhappy living together and they want a divorce. Sometimes people argue about money or the care of the children. It’s a difficult area of law and I feel very sympathetic towards my clients.’
Cory: ‘I work in Chicago. I’m quite famous on TV here in the USA. That’s because Channel 10 show my advertisement five times every day! I ask people to call me if they were hurt or were in an accident because somebody else wasn’t careful enough. If people are not careful, then I’m afraid they will have to pay damages!’
Kayleigh: ‘I work in Christchurch, New Zealand. Most of my clients have problems at work. I saw a lady this morning who is going to have a baby. When she told her boss that she was pregnant, he fired her from her job. That is not legal in New Zealand and I will help her to do something about it.’
Michael: ‘I work for a very big London law firm. Our clients are banks and other big businesses. Today I am working on a merger agreement, which means that two companies are joining together to become one. Yesterday I advised a new client who wants to start an internet company on the different ways he can do it.’
Mary: ‘I am based in Dublin, the capital city of Ireland. I see people or companies who want to make a legal agreement with another person or company. Today I am dealing with an agreement to deliver goods from Ireland to the USA. I have to check every word very carefully!’
Polly: ‘I work in a very old and interesting area of law. Today I met a client who is 70 years old and has no family. When she dies, she wants to put all of her money into a special fund. Her two friends will use this money to help pay for a training school for actors and actresses from her home city here in Liverpool. I explained to her how to do that and I will draft the necessary legal documents for her.’
Exercise 75. Look at the list of actions below. Which of them are torts? Which of them are reasons to start a claim?
- Saying something that is bad about someone, which isn’t true.
- Someone refuses to pay you money that they owe to you.
- Someone does a job for you, but they do it badly (bad workmanship).
- Writing a negative story in a newspaper about someone, which isn’t true.
- Something that you paid for is not supplied to you.
- Leaving the floor of a shop in a dangerous condition so that a customer falls and hurts her leg.
- Something that you bought is not working properly.
- Playing loud music late every night, which disturbs your neighbours.
Text 4. The famous lawyers in Russia: interesting facts and achievements
Lawyers often have to work very hard to gain an esteemed and trustworthy image. Lawyers who go down in history often had a time in their career where they defied the odds of laws during their time and made outstanding changes. Many lawyers went on to run for office, served on the Supreme Court, or used their knowledge to become an educator, while others continued their practice in law and fought in some of the most notable court cases in history. Many lawyers throughout history achieved great heights and established new legislation to improve social, economic, and political issues. Some lawyers went into politics after practicing law and ran for office to make change, while others used their extensive knowledge and determination to better the laws set forth by the Constitution and help others. Lawyers are entitled to protect freedoms and human rights. The profession is complex and requires from its owner not only brilliant legal knowledge, but also the existence of a core of morality. Success is not achieved by everyone.
Sergei Andreevich Muromtsev is a major public figure of 19th century. He is a prominent scholar and a founder of sociological jurisprudence in Russia, the Chairman of the First State Duma of Russia, a liberal, and a humanist. He was born on the 23rd of September 1850 in St. Petersburg in the old noble family was born. In 1860 Muromtsev family moved to Moscow. In 1867 Sergei graduated from the Moscow gymnasium №3 with a golden medal and entered the Moscow State University, Faculty of Law. He even intended to study in the Faculty of Law in parallel with the Faculty of Mathematics, but it was the shortage of money that prevented him from implementation of this plan. After graduation from the university, for his excellence in study of sciences, Muromtsev gained the degree of the Candidate of Law and stayed in the faculty for two years to improve his knowledge of sciences and prepare for the professorship. He spent some years abroad, mainly working in Germany, as well as in other countries of Europe.
In 1874 Sergei Andreevich returned to Russia and launched his work “On Conservatism in Roman jurisprudence”. In October 1874 he brilliantly passed exams for Master Degree. In autumn 1875 he received a title of Associate Professor of the university, and in 1877 received a title Professor of Roman Law. His work entitled “Essays of the general theory of Civil Law” was published in 1877.
In 1884 Sergei Andreevich was involved in the public and political activities and joined the liberal camp. Three years later he was elected as a member of the council and became a deputy chairman. Muromtsev worked as an editor of the “Yuridicheskiy vestnik”.
In 1897 Sergei Andreevich was a member of the Moscow City Duma. In 1898 he was allowed to conduct lectures on Civil Law and Civil Legal Procedure at the Imperial Alexander Lyceum.
In 1906 Sergei Andreevich was elected as First State Duma chairman in 1906. Russian liberals appreciated positively the work of Muromtsev in the position of the Chairman of Duma. He consistently supported implementation of liberal reforms, respect to the representative government body. The historian A.A. Kizevetter remembered that he was “tough, stern, solemn, he stood his own ground and held the session with firmness, in full awareness of rightness of his actions. But despite his severity, all the members of the First State Duma not only listened to him, but cordially loved him. They all felt that the Duma was dear to Muromtsev, because he had a deep affection for his Fatherland, for the good of which he entered Duma”.
When the First State Duma was dissolved Muromtsev and many of Duma’s members moved to Vyborg where he presided at the meetings. It was a reaction to Duma’s dissolution. With others he was taken to court and sentenced to 3 months’ imprisonment. On October 4 (17) 1910 Sergei Andreevich Muromtsev passed away and was buried at the Don cemetery in Moscow.
Exercise 76. Make a presentation in English about one of the famous lawyers. Use a visual aid. A visual aid may save the presentation time by illustrating things that you can’t or don’t have to say in words. It can also help highlight several points. A good visual aid creates variety and builds audience’s interest.
Exercise 77. Focus on grammar. Look through the list of quick tips and do the exercise below.
- Sentences that make a statement are called declaratives; sentences that ask a question are called interrogatives; sentences that give a command are called imperatives; sentences that express strong emotion are called exclamations.
- A yes/no question is one that can be answered by ‘‘yes’’ or ‘‘no.’’
- A wh- question begins with one of the following question words: when, where, what, why, which, who, whom, how. Example: Where is the meeting?
- A tag question contains a statement followed by a tag, such as could you? aren’t they? hasn’t he? Example: She is leaving soon, isn’t she?
Identify each of the sentences below as either declarative, interrogative, imperative, or exclamation. Get the information from reliable sources to make some notes about identifying sentences by function.
- I’m shocked!
- This law deals with events such as divorce and the custody of (the right to look after) children.
- What a surprising announcement!
- You can start a claim in the civil court.
- Watch out for that car!
- She qualified as a lawyer two years ago, didn’t’ she?
- Who takes care over that document?
- Is it a contractual situation?
- Is the evidence against him compelling?
- This law deals with people’s rights, pay or conditions in the workplace, doesn’t it?
Тема 4.2. Право
Text 5. Definition of law
It is not easy to give a definition of law, as legal systems differ and individuals have different views of what law is. Many books containing numerous different ideas about and definitions of law have been written. A common theme emerging from these books and debates, however, has been that the law is a set of rules created by the state that form a framework to ensure a peaceful society. The law is enforced by the state. If it is broken or breached, sanctions can be imposed. While this definition does not cover all types of law, it is a good starting point as it brings together the idea of a state issuing commands to individuals and applying sanctions to those individuals if they do not obey these commands.
Generally, law applies to people throughout a country. There are, of course, laws which apply only to certain groupings, for example those that apply to children and young people or that apply only to individuals who drive.
The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the law to refer to the people who work in this system. Law can be defined as: a set of rules created by the state which forms a framework to ensure a peaceful society. If the rules are broken they can be enforced by mechanisms created by the state and sanctions imposed. This definition covers the key features of the law as we know it. It is created by the state to ensure that society works smoothly. If laws are broken, then the people who broke them will face some form of punishment. The state also provides for methods of law enforcement. The law provides a framework that regulates the way we live, work and socialise. We may not agree with all the laws that exist but they have each been created for a purpose, whether it is to protect society, such as laws against violence, or to protect us, such as laws regulating the quality of products we buy.
The law in Russia has evolved over a long period. It has, over the centuries, successfully adapted itself through a great variety of social settings. Law has also become much more widely recognised as the standard by which behaviour needs to be judged. A very telling change in recent history is the way in which the law has permeated all parts of social life.
Exercise 78. Read an extract about the importance of law. You may need a dictionary to look up some words if you are unsure of their meaning. When you have read the extract, note down two or three things that you found interesting or surprising about the importance of law.
Law is all-pervasive. It exists in every cell of life. It affects everyone virtually all of the time. It governs everything in life and even what happens to us after life. It applies to everything from the embryo to exhumation. It governs the air we breathe, the food and drink that we consume, our travel, family relationships and our property. It applies at the bottom of the ocean and in space. It regulates the world of sport, science, employment, business, political liberty, education, health services – everything, in fact, from neighbour disputes to war.
However, despite their important role in developing the rules, lawyers are not universally admired. Anti-lawyer jokes have a long history going back to the ancient Greeks. Not long ago the son of a famous Hollywood actor was asked at his junior school what his father did for a living. He replied, ‘My daddy is a movie actor, and sometimes he plays the good guy, and sometimes he plays the lawyer’. For balance, though, it is important to remember many heroic and revered lawyers such as the Roman philosopher and politician Cicero |ˈsɪsəˌrəʊ| and Mahatma Gandi, the Indian campaigner for independence.
Each time we examine a label on a food product, engage in work as an employee or employer, travel on the roads, stay in in a hotel, borrow a library book, create or dissolve the company, play sports, we are in the world of law. We are all playing the game, moving our pieces around the board, but if there is a problem, the lawyer is the only person who has read the inside of the top of the box. In other words, the lawyer is the only person who has read and made sense of the rules.
Practice speaking for your learning portfolio.
Topic 3. “Definition of law”
Exercise 79. Use new vocabulary to present the topic about the meaning and the purposes of law.
Text 6. Sources of law.
To have a clear and complete understanding of the law, it is essential to understand the sources of law. Sources of law mean the sources from where the law or the binding rules of human conduct originate. In other words, the law is derived from sources. Jurists have different views on the origin and sources of law, as they have regarding the definition of law. As the term ‘law’ has several meanings, legal experts approach the sources of law from various angles.
The sources of law in Russia include the Russian constitution, Federal constitutional law, Federal laws, and laws of subjects of federation. Administrative bodies issue the acts that must comply with the laws. Historically, Russia belongs to the continental legal system, and a written law, which was passed under the established legislative procedure, is the main legal source. About 10,000 laws, regulations, and other legal acts are passed in Russia annually. The Constitution is the supreme Russian law and major legislative instrument. It establishes the principle of superiority of law in the system of legal sources. All other legal acts, such as decrees of the President, Governmental regulations, acts of Ministries and other federal executive agencies, as well as legislation passed by the constituent components of the Russian Federation cannot contradict laws. All laws are passed exclusively by the Federal Assembly.
Federal constitutional laws establish the group of the most important legislative acts. Because of their significance, the Russian Constitution provides for the complicated procedure of their adoption. The federal constitutional law is adopted if it has been approved by at least three-quarters of the total number of the Federation Council members and by at least two-thirds of the total number of the State Duma members. The President of Russia cannot veto federal constitutional laws. The list of federal constitutional laws is prescribed by the Constitution. It includes laws on the state of emergency, the change of the status of a constituent component of the federation, on constitutional amendments, on government, on referendum, on the judiciary, on the Constitutional Court, and some other. Federal laws constitute the second category of legal sources. They regulate issues included into executive authority of the Russian Federation and its components. The Constitution protects priority and direct effect of federal laws throughout the territory of Russia. In case of a conflict between federal law and another act issued in Russia, the law will prevail. Meanwhile, the Constitution guarantees the priority of the act of a constituent component if such act regulates issues outside the Russian Federation’s scope of authority. Often, Russian laws are adopted in the form of a Code of Law. A Code is a complete collection of rules in an entire subject area such as: civil law, criminal law, labour law, etc.
Exercise 80. Read the text and make a note of the new words. Transcribe and learn them. Take into account that remembering how the words were used is as important as the meanings themselves, because it will help you to use them correctly in the future.
Text 7. Classification of the sources of law
Legal theory usually classifies the sources of law into formal and material sources, although this classification is not always used consistently. Normally, formal sources are connected with what creates the law: statutes, case law, contracts, and so on. These are the sources from which law derives its force and validity. In contrast, material sources refer to the places where formal law can be found, such as the official bulletin or gazette where the legislator publishes the country’s laws, newspapers, and public deeds. It refers to the material of law. In simple words, it is all about the matter from where the laws are derived. Customs fall in this category of law.
Material sources of law are those sources from which the law gets its content or matter, but not its validity. There are two types of material sources which are legal sources and historical sources. Legal resources that are the sources which are not only in fact but also in law and officially. Legal sources are the instruments used by the state which create legal rules. They are authoritative in nature and followed by courts of law. These are the sources or instruments that permit newer legal principles to be created. According to Salmond*, legal sources of English law can be further classified into four categories: legislation, precedent, customary law, and conventional law. Historical sources are sources that influence the development of law without giving effect to its validity or authority. They are really in fact only and unauthorized. The examples of historical sources are legal writings, juristic opinions, foreign judgements, etc. These sources influence legal rules indirectly. The difference between legal and historical sources is that all laws have a historical source but they may or may not have a legal source. Decisions given by foreign courts serve as an example for this kind of source.
Formal sources of law are the instruments through which the state manifests its will. In general, statutes and judicial precedents are the modern formal sources of law. Law derives its force, authority, and validity from its formal sources. Sources of law in jurisprudence can be classified on the basis of several grounds. But the most notable or common classification divides it into legislation, precedent, and custom. Precedent refers to the previous judicial decisions. The legislation refers to the statutory rules enacted by the legislature. Custom refers to the age-old practises of a community that has solidified its presence so much that it becomes the law. Though legislation seems to be the agency through which we get laws, it is just the primary source. Many laws that we have are a reflection of what we as a society have followed for generations. Also, many cases show how sometimes the law is incapable of predicting what issues could arise in subsequent disputes. This calls for the judiciary to elaborate or interpret the law of the land, setting judicial precedents for several issues.
*Sir John William Salmond (1862–1924) was a lawyer, a university lecturer, a solicitor and a judge of the Supreme Court. His contributions to many branches of the law and his international reputation as a legal theorist made him the most eminent jurist.
Exercise 81. Read the text and make a note of the new words. Transcribe and learn them. Take into account that remembering how the words were used is as important as the meanings themselves, because it will help you to use them correctly in the future.
Practice speaking for your learning portfolio.
Topic 4. “Classification of sources of law”
Exercise 82. Use new vocabulary to present the topic about classification of sources of law.
Exercise 83. The way words are arranged in a sentence is called ‘word order’. Word order is a part of syntax because it determines how different kinds of sentences are formed. The wrong word order will result in confusion, unclear sentences, and incorrect meanings.
Write the sentences in the correct word order.
- to pay/ have/ I /a court /Do /fee?
- would/like/proceedings/him/I/against/to start.
- the contract/He/and /I’ll /in the civil court/breached/ prosecute him.
- need/do/ to complete/What/you/the claim form/information?
- accepted/Have you/ sign it/never/ the fact/ will/ she/ that?
- about becoming/I//some/ a lawyer/am/ can answer/thinking/ I hope/and/ that/ you/questions.
- doesn’t/sister/property department/Your/ of/works/ in the /her law firm, /she?
- no win no fee/ will/Jack Morris/on a/always/ any client/accept/basis.
- because/to claim damages/were /wants/She/she/that/thinks/the doctors/negligent.
- looking/to being based/forward/of/in Moscow/legal/ I’m/for most/my/career.
- a claim form/ it/ allowed/just/ Is/to pick up/to look at?
- or/to draft an agreement/Do/a solicitor/they/a barrister/need/for them?
- is signed/The buyer’s solicitor/this/ before/must/the contract/check.
- for a famous musician/of copyright case/dealing/At the moment/with a breach/the department/is.
- David/this is/the Internet/that/his boss says/to send a lot of/and/ at work/an abuse of the time/has been using/for which/private emails/he is paid.
Тема 4.3. Государство и право
Text 8. Legal systems
There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems. A legal system encompasses rules, procedures, and institutions that facilitate the execution of public initiatives and private activities within a society. It provides a framework for maintaining order, resolving disputes, and upholding justice. Legal systems can vary significantly across different countries and cultures. There is no uniform legal system across the globe. Each jurisdiction uses its own legal system. In the context of law, a legal system refers to the overall structure that governs laws and their enforcement. This includes constitutions, statutes, regulations, and judicial decisions. Common types of legal systems include civil law and common law systems. Civil law systems are based on codified laws and principles, while common law systems rely on precedent and case law.
Here are some of the key features of a legal system:
Rules and procedures: A legal system is based on a set of rules and procedures that are designed to be fair and impartial. These rules and procedures are usually written down in laws, constitutions, and other legal documents.
Dispute resolution: A legal system provides a forum for resolving disputes between individuals and organizations. This can be done through the courts, arbitration, or mediation.
Protection of individual rights: A legal system protects the rights of individuals, such as the right to free speech, the right to due process, and the right to equal protection under the law.
Fairness and impartiality: A legal system is designed to be fair and impartial. This means that everyone is treated equally under the law, regardless of their status or position.
However, different countries may adopt variations of legal systems based on their historical, cultural, and societal contexts. For example, in some countries, the legal system may be based on religious law. In other countries, the legal system may be based on customary law.
Exercise 84. Give a talk about legal system of the Russian Federation. What is the Russian legal system based upon?
Practice speaking for your learning portfolio.
Topic 5. “Legal systems”
Exercise 85. Use new vocabulary to present the topic about legal systems.
Exercise 86. Focus on grammar. Ask for the underlined word(s) or sentences.
- The defendant has 14 days from the day he or she receives the claim.
- The judge will give his or her judgment.
- Legal English is a different language from general English.
- Learning general English will add quality and accuracy to your legal English skills.
- The duty of care is the obligation to be careful and not to hurt anyone.
- I have a reason for suing the owner of the hotel.
- My sister worked in the property department.
- The first thing that we must do is to complete a claim form.
- If you win, the judge will order the defendant to pay back the fee.
- I need the name and address of your customer.
Exercise 87. Read the text and ask 10 questions.
Brian Miller is a partner with a law firm in Southampton in the south of England. Brian is a specialist in maritime law. He chose this area of law because of his family history. His father owns a ship. Brian’s father worked on this ship for his whole life. Brian worked with him for two years and then he started his legal studies. Brian thinks this practical experience on a ship was very useful. English law influences most of the law that governs international maritime cases. For this reason, lawyers from all over the world contact Brian’s office to ask him for his opinion, which he gives by phone or email. When maritime lawyers are speaking informally they divide cases into two categories. They call them ‘dry’ cases and ‘wet’ cases. Dry cases involve problems with shipping contracts and wet cases involve problems at sea, such as ships that have accidents. Most of the cases that Brian deals with cannot be negotiated and end in litigation.
Text 9. Constitutional law
The term “Constitutional Law” is generally used in three ways: as a branch of law, the corresponding branch of science and as an academic discipline.
As the branch of law Constitutional Law commonly refers to the legal regulations (sub-branches and institutions), subject to certain terms of public relations covered by the Constitutional law branch.
The branch of science is the whole complex of knowledge (doctrines, teachings, theories, beliefs, hypotheses, etc.) in relevant fields of law, history, prospects of relations within the branch, the improvement of legislation and other sources of legal regulation, etc.
The academic discipline is usually based on the existing branch of law and represents the aggregate of knowledge on the existing rules of regulations, and the state of science.
The main defining criteria for any branch of law are an independent subject and a specific method of legal regulation. The subjects of any branch of law are certain groups of public relations, governed by the rule of the industry. According to the dominant approach to understanding, the subject matter of constitutional law (sometimes named as the «object of the constitutional and legal regulation») in Russia, as in any country, governs two main components of public relations:
- related to the individual’s legal status and its relationship with the state and civil society;
- related to the organization of the state and the operation of public authorities.
From the second half of the twentieth century there has been a tendency to expand the subject of constitutional and legal regulation. This regulation has spread to various institutions of civil society (associations, political parties, trade unions, churches, etc.) through which people integrate into society and which are often a kind of mediator in the relationship between the individual and the state. This trend is also visible in Russia, although there is no detailed regulation of the political, social, economic and cultural aspects of society at the level of the constitutional law.
Like any branch of law, constitutional law affects social relations by a variety of legal methods and means (order, permission, prohibition, etc.). The distinguishing feature of the method of constitutional law is its imperative character.
Thus, the constitutional law of Russia is the leading branch of the Russian law, the body of law that reinforces the foundations of the legal and regulatory status of individuals, and the economic, political, social and cultural life of the community, the organization and functioning of the state of public administration.
The constitutional law is at the heart of the entire legal system in Russia, based on the norms of the constitutional branch operating the Russian state and society; the constitutional norms underlie the development of sectoral branches.
The system of any branch of law constitutes the components of the branches’ rule of law, combined in institutions, sub-institutes and sub- sectors.
Describing the system of constitutional law in Russia, it should be noted, first, that in contrast to the “binary” sectors (civil–civil procedure, criminal law–criminal procedure, administrative law–the administrative process, etc.) in constitutional law it is difficult to distinguish purely substantive constitutional law and constitutional process, although of course, there are the procedural rules in constitutional law. These regulations govern the dynamics of the legislative process, the electoral process, the referendum procedure, etc.
Secondly, the system of constitutional law, in contrast to other sectors of the national legal systems (civil, administrative, criminal, labour, land, etc.), is difficult to divide into the general and particular (special). The system of constitutional rights usually directly includes its constituent sub- sectors and institutions. In this case, there is no clear boundary between the sub-sectors and institutions (sub-institutions): in particular, it is difficult to relate to the scope and content of government institutions, on the one hand, and sub-parliamentary law and electoral law–the institution of the head of state–on the other.
The system of any branch is expressed in its internal structure, caused by the connections that exist between its norms, determine the basis for differentiation and integration in certain legal education, possessing the features and elements of the system and the structure of the regulations.
The following elements are contributing to the system of constitutional law:
- The foundations of the Constitutional system;
- The basis of the legal status of a person and citizen;
- The federal structure of the state;
- The system of government and a system of local government.
Practice speaking for your learning portfolio.
Topic 6. “Constitutional law”
Exercise 88. Use new vocabulary to present the topic about constitutional law.
Тема 4.4. Отрасли права: административное право; трудовое право.
Text 10. Administrative law
Administrative Law is a body of rules applicable to the operations of agencies established by the legislature to carry out the functions of the executive branch of government.
An appeal to the history of Russian legislation shows that regulations, as certain forms of law, that is, sources of law in the «narrow» sense, appeared in Russia quite a long time ago. In fact, even in the Russian Empire, within the framework of the military department, service charters and instructions were called regulations.
If we talk about the current legal system of Russia, regulations are represented mainly by the instruments of the Chambers of the Federal Assembly of the Russian Federation, regulations of the Government of the Russian Federation, as well as regulations adopted by federal executive authorities, in other words, administrative regulations.
Nowadays, administrative regulations are customary in almost all executive authorities, including at the federal, regional, and municipal levels. Etymologically, the term “regulation” goes back to such meanings as “rule”, “routine”, “control”. The Law dictionary focuses on the normative nature of such act as administrative regulation. The subject of their regulation is the procedure for the activities and internal organization of the relevant body. Administrative regulations are regulatory legal acts that consolidate administrative procedures.
The subjects of administrative legal relations are federal executive authorities, local governments, enterprises and institutions, public associations and citizens. The objectives of administrative law are to ensure a stable system of executive authorities and create conditions for effective executive activity, effective regulation of public relations through functional regimes guaranteeing the exercise of citizens’ rights and freedoms while protecting public interests and public order, protection of citizens and society from administrative arbitrariness.
There are different tasks of administrative law. It establishes the legal foundations of public administration, fixes the system and structure of management bodies. It defines the order of their formation, their relationships, forms and methods of activity to ensure the powers and responsibilities of public administration bodies. Like any branch of law, administrative law performs regulatory and protective functions. At the same time, the peculiarity of the regulatory function of administrative law is that it is a necessary condition for the real existence of other branches of law, creates a kind of infrastructure in which their norms are implemented.
Practice speaking for your learning portfolio.
Topic 7. “Administrative law”
Exercise 89. Use new vocabulary to present the topic about administrative law.
Text 11. Labour law
Labour law deals with the legal rights of working people and the organizations they work for. Russia’s law is a unified system of legal rules governing various social relations. Labour law in Russia governs labour relations between the employer and employee in the labour process. Self-employment is not regulated by labour law in Russia. Labour law has one of the leading places in the system of law in Russia. Today the role of labour law is increasing. It is determined by the market relations and different forms of ownership.
The main mission of labour law in Russia is to create the necessary legal conditions to achieve consensus of interests of both parties of labour relations, matching the state interests. As a result, the main purposes of labour law are: the social and legal protection of employees, providing favorable conditions of work to people, protecting the legitimate rights and interests of employees, arbitrating between the interests of employees, employers and the state in the sphere of social and labour relations.
Labour Code underwent many significant changes. The legal regulation of labour relations in Russia is based on several principles: recognition of the freedom of labour, prohibition of forced labour and discrimination in employment, protection against unemployment; promoting employment, ensuring the right of every worker to fair working conditions, ensuring the right of every worker to be paid timely fully the amount of the payment of fair wages; the equal opportunities of employees without any discrimination to the promotion at work; the social partnership in the workplace; the mandatory compensation for harm caused to the employee in connection with his employment duties; the right of everyone to the protection of labour rights and freedoms; ensuring worker’s right to dignity in the period of employment; ensuring the right to compulsory social insurance for employees.
The spectrum of rights, guarantees and compensations provided by the norms of labour law to employees draw an increased attention of the society as a whole and of entities with legislative power. Without exception, states modify their legislation under the influence of economic and social factors, among which are the role and the mood of the public.
One of the goals of labour law is to ensure that the legal conditions for reconciling the interests of the employee, employer and state. If this reconciliation does not occur, there may be negative consequences. If the balance is disturbed in favor of employees, it affects the interests of business, and its competitiveness is falling, but if the balance is disturbed in favor of business, there is dissatisfaction with social workers, which may cause a decline in their labour activity. It is therefore important to observe a balance. State participation is manifested in the fact that it establishes minimum guarantees, which should be available to all and can not be reduced by any employer.
In conclusion, it should be noted that Russia labour law is an evolving area of law, which continues to be improved, reflecting the economic and social challenges of Russia’s society, given global trends in labour relations, taking into account the processes of globalization of economic, social and cultural life.
Practice speaking for your learning portfolio.
Topic 8. “Labour law”
Exercise 90. Use new vocabulary to present the topic about labor law.
Exercise 91. Focus on grammar. Look through the list of quick tips and do the exercise below.
- A relative clause (adjective clause) is a kind of dependent clause; it provides additional information about a noun phrase in the main clause. Example (relative clause underlined):
I brought the cookies that are on the plate.
- Relative clauses begin with one of the relative pronouns: that, which, who, whom, whose.
- A relative pronoun connects the relative clause to the rest of the sentence. All of the relative pronouns (except whose) also replace a noun phrase in the relative clause. (Whose replaces a determiner.)
- A relative pronoun may be omitted before a noun phrase. Example: The movie (that) I saw was exciting.
Underline the relative clause in each of the sentences below. The relative clause may be anywhere in the sentence. Sample: A business that manufactures engines can be difficult to run.
- She gave him a smile that lit up her face.
- The professor who gives easy tests is on sabbatical this semester.
- The approaches which are most likely to succeed are too complicated.
- The hotel which is near the shore doesn’t open until April.
- Are you satisfied with the computer that your parents bought for you?
- He paid no attention to the newspaper which was next to him.
- The police arrested the man whom they had been looking for.
- Mrs. Peterson was reaching for the phone that was nearest her chair.
- He might recognize the woman who is hosting the show.
- Cliff bought a present that was just perfect for his girlfriend.
Exercise 92. Each of the sentences below contains a relative clause. Underline the relative pronoun that begins the relative clause. Sample: The student whom I spoke to was confused.
- The hotel chain that Greg founded has since gone out of business.
- He phoned the woman who was writing the article.
- Jill resents the man whose father won the lottery.
- The highway which I take to work needs repair.
- The TV show that she likes best is on Sunday nights.
Exercise 93. Underline the relative clauses in each of the sentences below. A sentence may have more than one relative clause. Sample: The man whom he had rescued turned out to be the criminal whom the police were looking for.
- She turned on the broadcast which dealt with the scandal that had recently been in the news.
- Buck stood behind the counter which dominated his small restaurant.
- The photographer who took the picture which appeared in the paper that was most widely read won a Pulitzer Prize.
- I can’t find the message that you sent me.
- No one who breaks the law should get away with it.
Exercise 94. Underline the relative clause in each of the sentences below. In some cases, the relative pronoun will have been deleted. Sample: The waiter set the table he had placed outside the restaurant.
- The little square in the town we visited contained benches.
- Other famous people will be performing at the theater that my brother works at.
- The pilot who flew the aircraft must have been well trained.
- My neighbour owns the horse which won this race.
- The guest I invited is sleeping on the sofa.
Тема 4.5. Отрасли права: договорное право; уголовное право
Text 12. Contract law
Contract law is the area of law that governs making contracts, carrying them out, and fashioning a fair remedy when there’s a breach. Anyone who conducts business uses contract law. Both companies and consumers use contracts when they buy and sell goods when they license products or activities, for employment agreements, for insurance agreements, and more. Contracts make these transactions happen smoothly and without any misunderstandings.
Contract law is an area of law that makes and enforces legally binding agreements, called contracts. Agreements and contracts are a common part of daily life for most people. A contract outlines the terms of an agreement in clear language. Agreements, meanwhile, are even more common. Anytime you and another person embark on a mutually beneficial project, you’ve made an agreement.
Contract lawyers have two primary responsibilities: creating contracts and enforcing contracts. These attorneys help parties create fair, straightforward, and legally binding contracts for high-value or complex transactions. Should one of the parties breach the contract, or not hold up their end of the agreement, the contract attorney can mediate a solution, or litigate the matter in court. Contract lawyers can work in a variety of professional environments. Some of them open private practices where they work independently or with a few other attorneys to provide contract services. Others work as in-house counsel for companies or corporations that enter into contracts often and need the oversight of a lawyer regularly. Finally, some work at large law firms that practice many different types of law and assist the firm’s clients who need help to create or enforce a contract.
It is useful common law lawyers to know that requirements of form under Russian law differ significantly from those in common law jurisdictions. In Russia, contracts have to be in writing if at least one of the parties is a legal entity or the amount exceeds a certain sum and in other cases specifically provided by law. Failure to respect the requirements of form may lead to non-conclusion of the contract or its invalidity.
As Russian contract law has its roots in Roman law, many of its concepts come from there. For instance, it draws a distinction between real contracts and consensual contracts, which makes a difference not only in theory but also in practice. Real contracts are concluded from the moment of transfer of property and are valid only from that moment, while consensual contracts are binding from the moment the parties reach an agreement.
Russian contract law is based on market economy principles of respect for civil rights and liberties of individuals and legal entities, equality of parties, freedom of contracts, and inviolability of property. In Russia, contract law falls under Russian civil law.
Practice speaking for your learning portfolio.
Topic 9. “Contract law”
Exercise 95. Use new vocabulary to present the topic about contract law.
Text 13. Criminal law
Criminal Law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals. Criminal Law in Russia takes the form of a Criminal Code consisting of a general and special part. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
Criminal law is the body of law that provides a set of legal rules defined by the state to regulate the conduct of persons, public and private entities to ensure public welfare and safety. This encompasses of rules and regulations proscribing certain wrongful acts that might be a threat or harm to the life, property, health, safety and moral well-being of the state and its people. This is a broad branch of law that refers to the legislative enactments and rules that define certain acts and conducts as crimes and enables imprisonment, fines and other types of penalties for those violating the law. Though all criminal acts are considered to be harmful to the public, the acts that fall under the crimes may vary from country to country, based on what those governments think would threaten their public welfare and safety. To explore this concept, criminal law can be broadly defined as: “A body of rules and statutes that define conducts prohibited by the government because it threatens and harms public safety and welfare and that establishes punishments to be imposed for the commission of such acts.”
The two major parties involved in a criminal law would be the state and the accused. The prosecution acts on behalf of the state and prosecutes the wrongdoer or the accused to bring justice for the victim if the crime is established successfully. The prosecution can be considered as the representing agent of the society and the state. It is the duty of the prosecution to prove the crime beyond a reasonable doubt and that the defendant is guilty of the crime charged; the defendant will be presumed to be innocent until proven guilty in the court of law. On the other hand, the accused, also known as the defendant, has to put forward his/her defense against the charges made by the prosecution. If the prosecution fails to prove misconducts the crime beyond reasonable doubt, then the accused will be found not guilty and will be eventually acquitted.
A crime can be an act or omission violating the public law. As mentioned earlier, the definition of crimes can vary from state to state. Unless a particular act considered to be a crime has been mentioned in the statutes of the country or by common law, such an act cannot be prosecuted in the courts as a criminal offense.
The process of charging, prosecuting and assigning punishments for criminal offenses is known as the criminal procedure. This procedure may vary from state to state, depending on the legislative enactment pertaining to the jurisdictions. The law which defines the crimes and the punishments are commonly known as the substantive law, since the laws which hold the Criminal Procedure falls under the category of procedural law. The criminal procedure code and the penal code of a country generally hold the all the provisions related to the criminal law of the state.
Practice speaking for your learning portfolio.
Topic 10. “Criminal law”
Exercise 96. Use new vocabulary to present the topic about criminal law.
Exercise 97. The system of law in our country is represented by a great number of different branches. Match the branches of law with their definitions.
Administrative
Civil
Constitutional
Criminal
Financial
International
Labour
National
Private
Public
_____________ Law is a leading branch of the whole legal system. It deals with frame of society, state structure, organization of Government and legal status of citizens.
_____________ Law is a body of rules applicable to the operations of agencies established by the legislature to carry out the functions of the executive branch of government.
_____________ Law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals. It takes the form of a Criminal Code consisting of a general and special part.
_____________ Law deals with civil relationships such as citizenship, marriage, divorce, and certain contractual arrangements.
_____________ Law regulates taxation, budget, state credits and other spheres of financial activity.
_____________ Law covers matters arising from labour relations of industrial and office employees and their employers.
_____________ Law concerns the relationships within government and those between administrative institutions and individuals. It includes such branches as Constitutional, Administrative and Criminal Law.
_____________ Law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves. Civil law is sometimes referred to as private law.
_____________ Law is the law operative within a state. Federal laws in Russia are made by the Federal Assembly.
_____________ Law deals with principles and rules of conduct that nations regard as binding upon them and, therefore, are expected to observe in their relations with one another. International law is the law of the international community.
Exercise 98. Focus on grammar. Change the following sentences to passive voice. It’s important to remember that the passive of an active tense is formed by putting the verb to be into the same tense as the active verb and adding the past participle of the active verb.
- The police are taking Mr Dean to the police station.
- In the English and American legal systems, we divide the law into two main areas.
- You receive letters and emails written in English on a daily basis.
- Mr Bellerby is opening a new factory. He visited a lawyer to get a contract for all of his employees.
- The company hasn’t delivered goods on the agreed date.
- Tomorrow she”ll get the correct document, which is called a ‘will’.
- One of the employees injured his hand. The employee sued the factory owners.
- She is suing her husband in order to get a divorce.
Exercise 99. Focus on grammar. Using the passive voice, complete the following sentences with the correct tense of the verb provided or a suitable modal verb and translate them
- The Lawyer’s English Language Coursebook _____________(write) for legal professionals.
- It _____________ (base) upon our many years’ experience of teaching and working with lawyers.
- This coursebook _____________ (intend) to be a complete course of preparation for the exam.
- It _____________ (recommend) to anyone who needs to use legal English at work.
- We believe that practice and hard can ever _____________ (substitute) for a particular book or computer program.
Тема 4.6. Судебная система. The judicial system
TEXT 13. Judicial system in English-speaking countries
Most nations today follow one of two major legal traditions: common law or civil law. The common law tradition emerged in England during the Middle Ages and was applied within British colonies across continents. Before the invasion of William the Conqueror in 1066, England had no centralized legal system. Judges acted independently according to regional traditions, and these traditions were kept by following generations.
England had many profound cultural ties to the rest of Europe in the Middle Ages, its legal tradition developed differently from that of the continent for a number of historical reasons, and one of the most fundamental ways in which they diverged was in the establishment of judicial decisions as the basis of common law and legislative decisions as the basis of civil law.
Justice in the UK and the US, as well as other English-speaking countries, is based on a system of common law. In common law systems:
- some of the laws are decided by legislators and written down in a ‘code’, but
- some of the laws are based on customs, which means that things are against the law and can be punished because they have been punished by judges in the past.
Common law systems rely on the principle of precedent, which means that if a court has already made a legal decision about an issue, judges must respect that decision in later rulings. Judges can only apply a different ruling if they can demonstrate that the issue is somehow different from the precedent, or they belong to a higher court than that which gave the original ruling. The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European imperial powers such as Spain and Portugal. Civil law was also adopted in the nineteenth and twentieth centuries by countries formerly possessing distinctive legal traditions, such as Russia and Japan, that sought to reform their legal systems in order to gain economic and political power comparable to that of Western European nation-state.
Exercise 41. Read the dialogue about the USA judicial system and answer the question. What are the functions of different courts?
Mike: Hi, Rose. Glad to see you.
Rose: Hi, Mike. How are you?
Mike: I’m fine, thank you. The only thing that worries me now is my exam in Law of the USA. I have managed to read many books but I still don’t know anything about the country’s judicial system.
Rose: Oh, that’s not a problem at all. I will help you with great pleasure. You may ask me any questions.
Mike: It’s so kind of you. OK, I know that the Supreme Court heads the judicial system. Is that right?
Rose: Yeah, sure. It’s the highest court. Below it there are several federal appellate courts and federal district courts.
Mike: Well, and who appoints judges?
Rose: Federal judges are appointed by the President and approved by the Senate. By the way, there are 94 federal district courts that cover a specific geographic region. They deal with general issues and hear most of the federal cases. Moreover, there 2 non-geographically based district courts: the US Court of International Trade and the US Court of Federal Claims.
Mike: What about the jurisdiction of courts?
Rose: Well, district courts have original jurisdiction, so they hear most types of federal cases.
Mike: Appellate courts are a level above district courts, aren’t they?
Rose: Yes, you are right. There are 12 circuit courts of appeals that hear general cases in a specific geographic region. And the US Court of Appeals of the Federal Circuit deals with specialized cases nationwide. Appellate courts review cases from district courts to make sure the law was applied correctly.
Mike: It’s so interesting. What can you say about the functions of the Supreme Court?
Rose: OK, in some cases the Supreme Court has original jurisdiction and of course it has appellate jurisdiction over all federal cases. It may also take cases from state Supreme Courts.
Mike: Are the decisions of this court final?
Rose: Yes, they are. Besides, there are other courts outside the judicial branch that deal with specific issues.
Mike: OK, thanks a lot. Now I do understand the judicial system of the USA.
Rose: Well, you are welcome. Bye-bye.
Mike: Bye.
Exercise 42. Use new vocabulary to present the topic “Judicial system in English-speaking countries”.
TEXT 14. Civil procedure
A branch of law is the body of legal norms and legal institutions regulating the definite spheres (types) of public relations. There are some branches of law in the Russian law system such as the constitutional law, the administrative law, the criminal law, the finance law, the civil law, etc. The civil law regulates property and personal non-property relations connected with them. The main source of the civil law is the Civil Code of the Russian Federation. The civil-procedural law deals with the legal regulation of the civil procedure (the questions of initiation of civil proceeding, determination of actual circumstance, proving, hearing of a case at the judicial sitting, making a decision on civil case, possibilities of appeal).
Roman law has undoubtedly had a huge impact on the development of civil legislation in many countries of the continental legal system, in particular on Russian law. At the present stage of development of the Russian system of law and civil procedural law, in particular, it is impossible to say that there is a direct borrowing of the norms of Roman law. But the principles of civil procedure that exists under the current Civil Procedure Code were borrowed from previous Russian legal acts. The Russian legal system belongs to the continental legal family, the cornerstone of which is Roman law and Roman legal tradition. Russia’s close diplomatic and economic contacts with the Byzantine Empire predetermined the development of the Russian legal system in general and civil procedure in particular. Today, Roman law has a great influence on the theory of civil procedure. The institutions of the claim, representation in civil procedure, as well as evidence and proof, were most affected by Roman law, although the importance of other institutions of Roman civil procedure should not be underestimated.
Civil procedure is said to be governing body that defines a set of rules and regulations followed by courts while processing civil lawsuits. These rules define how the adjudication is to take place and in what ways the arguments will be placed to attain resolution and a decisive conclusion. Civil procedure is one thing that takes place inside the courtroom, but it can be a lengthy and highly rigid process.
The purpose of procedural complicity is the most effective consideration of a civil case. This institution of civil procedural law contributes to the implementation of the principle of procedural economy. The basis for the emergence of procedural complicity in civil and arbitration proceedings is based on such a criterion as the nature of the disputed material legal relationship. It is the content of the material legal relationship that determines the possibility of participation in the process of several plaintiffs and(or) defendants.
Exercise 43. Use new vocabulary to present the topic “Civil procedure”.
TEXT 13. Criminal procedure
Criminal procedure is a set of rules and regulations that govern how criminal proceedings are conducted, including investigation, prosecution, and trial. It serves to ensure that justice is served fairly and according to the law while protecting individuals’ rights to due process and equal protection under the law. The purpose of criminal liability in law serves two important objectives. First, it ensures fairness among all parties engaged in criminal proceedings. Secondly, it safeguards individuals’ rights to due process and equal protection under the law.
Criminal procedure is one of the legal patterns of state activity. It expresses the features and the stages of the investigations and proceedings in the case. The model includes a range of details established by law the terms of the sequence and rules of action that are carried out in the course of the proceedings. The concept of criminal procedural forms occupies a key place in science. Its importance is due to the nature of the proceedings, and the principles on which it is carried out. The proper order of events ensures the correct and timely application of the provisions of the criminal code to the subjects who committed the crime. Criminal procedure and safeguards are designed to promote truth and to enforce protected by the law interests of the criminal procedure parties.
The procedure for criminal court proceedings on the territory of the Russian Federation is based on the Constitution. The procedure for criminal court proceedings is obligatory for courts, prosecutor’s offices, preliminary investigation and inquiry bodies, as well as for other participants in the criminal court proceedings. The generally recognized principles and norms of international law and international treaties of the Russian Federation make up a component part of the legislation of the Russian Federation regulating criminal legal proceedings.
The nature of criminal procedure varies from country to country; however, generally, the process starts with a criminal charge and ends with the conviction or the acquittal of the defendant. Like in many other countries, in the Russian Federation, there is a clear distinction between civil and criminal procedures.
Exercise 44. Victims and witnesses play an important role in the prosecution of a criminal case. They are often asked a lot of questions as to what happens when a victim or witness has withdrawn, or intends to withdraw, their statement. Match two parts of the questions.
- What was
- What did
- Can
- Who
- Where
- When
- How
- Why
- the defendant say or do immediately after the incident?
- provides him with an alibi?
- your location at the time of the incident?
- didn’t you call the police?
- were other witnesses at the moment of the crime?
- you identify the defendant in the courtroom today?
- did you notice injuries on the defendant?
- can you describe the emotional state of the defendant during the incident?
Exercise 45. Use new vocabulary to present the topic “Criminal procedure”.
Тема 4.7. Юридические документы. Types of Legal Documents.
TEXT 14. Contracts
Private legal documents serve many purposes. Some of the major functions include creating, conferring, varying or negating legal rights and obligations and recording such rights and obligations. They are also used before a court or legal authorities to protect rights or enforce obligations. Private legal documents are important. It is said that drafting legal documents is like drafting statutes between private parties, setting out the relationships and ground rules in a formal or written form.
From the linguistic point of view, a contract is a type of a document, because any agreement is a completed document fixing some information. As a type of text, contract has its own specific characteristics. Stylistic peculiarities of all document texts are: concreteness, conciseness, clearness of the stated idea; high capacity of information; strict logic; clear rhythm of sentences; accenting on the main idea with the help of word repetitions; absence of connotational information; a special system of cliches and stamps; usage of abbreviations, conventional symbols and marks; usage of terms in their direct semantic meaning; preferential usage of monosemantic words; division of a text into chapters, paragraphs, points, often numbered (clear compositional structure of a document); usage of definite syntactic models; graphic decoration of a document: quality of paper, quantity and quality of illustrations, size and kind of print.
The main features of the style of contract are: steady system of linguistic means in the text of contract; lack of emotional colouring; decoding character of language; usage of a special symbolic system; definite syntactic structure.
Any contract is made up by two contracting parties and contains information about many subjects. So, all points are to be approved by both parties. There are certain clearly definable requirements for how to write contracts. Generally, contracts should be formal, complete, clear, concrete, correct and concise. In contracts all possible informational details are not suitable. So, while writing contracts we must observe all peculiarities of standard grammar, vocabulary use and stylistic appropriation. A formal contract or agreement requires considerations of neatness and attractive arrangement. The style, however, should not be too simple as it may become discourteous and sound rude. Linguists recommend the following stylistic devices that might make agreements and contracts more polite: complex sentences joined with conjunctions are preferable, rather than short sentences; passive constructions rather than active; full forms rather than abbreviated forms, where necessary. The right tone should be neutral, devoid of a pompous language on one hand, and an informal or colloquial language on the other hand. Therefore, inappropriate vocabulary, idioms, phrasal verbs are not allowed at all. The both contracting parties should not experience any difficulties in obtaining information, they should be able to understand what is written. Misunderstandings are caused by a lack of thought and care. It may happen if we use a lot of abbreviations, figures and prepositions. Abbreviations are very useful, because they are very quick to write and easy to read. But the both parties are expected to know what the abbreviations stand for. If one of the partners is not absolutely certain that the abbreviations are easily recognised he/she should not use it.
Exercise 46. From the lexicological point of view contracts are of great interest. The lexicon of contract has its own specific features. First of all, it is rather stable. As a rule, words have their only exact meaning. As a result of it, we can point out the words, which are present practically in every contract. The examples of these common words are given below. Match these English and Russian expressions in each group of words and phrases:
| contract for a single shipmentcontract for sale = contract of purchase = contract of purchase and sale = sales contract = contract of sale of goodscontract of hire-purchasecontract to transfer goods in return to services | договор о продаже в рассрочкуконтракт на разовую поставкудоговор о передаче товаров в обмен на услугидоговор о продаже |
|---|---|
| contract of employment = employment contract = contract of engagement = contract of work and labourresearch and development contractstorage contractextended service contract | контракт на проведение научных исследований и разработок контракт на продление сервиса, договор на послегарантийное (продленное гарантийное) обслуживаниетрудовой контракт [договор], договор (личного) найма, соглашение о найме, контракт найма [на работу] договор о хранении |
| contract of insurance contract of location know-how contract owner-contractor agreement | договор заказчика с подрядчиком, подрядный договордоговор страхования договор об аренде или наймедоговор о передаче «ноу-хау» (т.е. секретов производства), лицензионный договор на «ноу-хау» |
| beneficiary contract contract for a term master contract risk contract | контракт на условиях риска; контракт с распределением рискагенеральный контракт, главный договордоговор в пользу третьего лицадоговор/контракт на срок |
Exercise 47. Use new vocabulary to present the topic “Types of legal documents: contract”.
TEXT 15. Wills
A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At Common Law, an instrument disposing of Personal Property was called a «testament,» whereas a will disposed of real property. Over time the distinction has disappeared so that a will, sometimes called a «last will and testament,» disposes of both real and personal property.
If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of Descent and Distribution of the state in which the person resided. Because of the importance of a will, the law requires it to have certain elements to be valid. Apart from these elements, a will may be ruled invalid if the testator made the will as the result of undue influence, fraud, or mistake.
A will serves a variety of important purposes. It enables a person to select his heirs rather than allowing the state laws of descent and distribution to choose the heirs, who, although blood relatives, might be people the testator dislikes or with whom he is unacquainted. A will allows a person to decide which individual could best serve as the executor of his estate, distributing the property fairly to the beneficiaries while protecting their interests, rather than allowing a court to appoint a stranger to serve as administrator. A will safeguards a person’s right to select an individual to serve as guardian to raise his young children in the event of his death.
There are two main types of wills, attested wills and holograph wills. The main difference between the two types of wills is how they are written, and what things have to be done to make them legal. An attested will is the most common type of will. It is sometimes also referred to as a ‘formal’ will. Every will that is not completely handwritten by the person making the will must be “attested” to be valid. Most attested wills are typed or prepared on a computer, or are pre-printed “fill-in-the-blank” forms.
Exercise 48. Match each word with a definition.
Beneficiary/ estate/ executor/ guardian/ heir/ holograph(ic) will / intestate/ invalid/ reside/ testator/ will
- Is not legally or officially acceptable.
- Someone who makes a will.
- A will made by a person entirely in his/her handwriting.
- A person who receives money or property under a will, trust or insurance policy.
- A person who will legally receive money, property from another person, especially an older member of the same family, when that other person dies.
- A person appointed by a court to make decisions regarding the care for a minor or persons unable to make their own decisions.
- An estate is all the personal and real property owned by a person when he/she dies.
- To live, have your home, or stay in a place.
- Someone who makes sure that things are done according to a dead person’s will (= their legally recorded wishes about what should happen to their money, property, etc.)
- When a person dies without a will.
- A formal legal document that passes property from one person to another upon the death of the first person.
Exercise 49. Use new vocabulary to present the topic “Types of legal documents. Wills”.
TEXT 16. Powers of Attorney
Powers of Attorney can be a powerful tool for handling financial and other affairs. The importance of a power of attorney increases if a person becomes incapacitated in any way. The power of attorney is a legal document by which one person (called the creator, grantor, or principal) appoints another person (called the attorney-in-fact) to make personal and/or financial decisions and perform certain acts on behalf of the principal. The principal signs this document and the signature is notarized.
The attorney-in-fact acts as an agent of the principal and can make substitute decisions for the principal. However, the attorney-in-fact is bound by a set of legal rules called agency. The attorney-in-fact acts on behalf of the principal without owning the property or assets. Authority is granted by the principal to the attorney-infact to act as the principal would act. The powers may be adjusted to the principal’s current, future or potential needs. The powers may range from complete control or specific control. Generally, when planning for incapacity, broad powers are given to a trusted agent to cope with unforeseen or unforeseeable circumstances as well as known issues and concerns. The power of attorney has many uses beyond situatios of incapacity. The power of attorney usually becomes effective immediately, granting the attorney-in-fact immediate authority to act. However, the principal does not lose the ability to act on his or her own behalf. Both the principal and attorney-in-fact simultaneously hold authority and both may act.
The main purpose of a power of attorney is to appoint someone to make decisions, sign documents and carry out other important acts. A general power of attorney allows the attorney-in-fact to act in a broad manner over an unspecified amount of time. The general power of attorney remains effective until revoked by the principal. The attorney-in-fact under a general power of attorney may usually do anything that the principal can do, such as buy/sell real and personal property. There are typical types of powers and duties granted under a general power of attorney.
Powers of attorney provide valuable benefits to an estate plan when properly considered and drafted. At a minimum, the power of attorney may avoid costly guardianship proceedings. However, many issues must be considered when tailoring a power of attorney. Every individual should consult with a legal advisor to craft one or more powers of attorney.
Exercise 50. Improve your topic-specific vocabulary. Read and translate the following list outlining the typical types of powers and duties granted under a general power of attorney.
- To demand, sue for, receive, collect, and hold any and all monies, securities, and real and personal property that is owned now or in the future and to deal with the property as needed;
- To buy, acquire, lease, or invest in property, real or personal, tangible or intangible;
- To record all deeds, sell or lease any lands, buildings, or other improvements or appurtenances to lands owned now or in the future;
- To borrow or lend money or property;
- To pay and receive money that you now or in the future will owe or be owed;
- To have access to and remove or add contents to any safe deposit box;
- To appoint a substitute attorney;
- To handle all tax matters; to make elections and to sign, make, execute, and file, in your name and on your behalf with any tax authority, such tax returns, forms, and reports as required by law;
- To perform or to contract for the performance of any other acts as fully and effectively as you would do if you were acting personally.
Exercise 51. Use new vocabulary to present the topic “Powers of Attorney”.
TEXT 17. Legal Agreements
Legal agreements are formal documents that outline terms and conditions agreed upon by the parties involved. These agreements can cover various arrangements like employment, leases, or business partnerships. They establish rights, responsibilities, and protections for everyone involved. Understanding these agreements is essential to ensure clarity and prevent disputes. Once the written document is signed, either manually, digitally, or electronically, the document becomes legally binding. This means that if either party fails to perform his or her duties under the agreement, he is in breach of contract. There are some types of legal agreements.
In a Non-Disclosure Agreement (NDA), parties agree to keep certain information confidential, typically to protect sensitive business information, trade secrets, or proprietary data. NDAs are crucial in various contexts, such as business partnerships, employee agreements, and discussions with third parties.
An employment agreement serves as a legally binding document that outlines the terms of employment between an employer and an employee. It delineates the rights, duties, and expectations of both parties within the framework of the employment relationship.
A partnership agreement is an important document that outlines the responsibilities, rights, and obligations of each partner within an organization and legal entity. It establishes a framework for the smooth functioning of the partnership, addressing key aspects such as profit distribution, decision-making processes, and conflict resolution strategies.
A loan agreement is a crucial legal document that establishes the terms and conditions of lending between a lender and a borrower. It encompasses various aspects such as the loan amount, interest rate, repayment plan, and other pertinent terms.
A sales agreement is a pivotal document that solidifies the arrangement between a seller and a buyer, encompassing all the essential rules and principles governing the sale of goods or services. It delineates the terms of the sale, including price, delivery details, and any warranties or guarantees provided.
A lease agreement establishes a contractual commitment between a landlord and a tenant, defining the terms and conditions of renting a property. It outlines the respective duties of each party throughout the lease term.
Legal agreements play a pivotal role in various aspects of business and personal transactions, providing a structured framework for parties to define their rights, obligations, and protections. From Non-Disclosure Agreements safeguarding confidential information to Partnership Agreements delineating responsibilities, each type of agreement serves a specific purpose in ensuring clarity and preventing disputes. While these agreements offer numerous advantages such as clarity, legal protection, and transparency, they also come with potential complexities and challenges, highlighting the importance of careful consideration and legal expertise in their drafting and interpretation. Overall, understanding the nuances of legal agreements is crucial for fostering fair, transparent, and mutually beneficial relationships among parties involved.
Exercise 52. What type of agreements are the examples related to?
- It’s an agreement between a chair manufacturer and a store for the shipment of a specific number of seats.
- It’s an agreement between a bank and an individual borrower for a personal loan.
- It’s a software engineer’s contract with a tech company.
- It’s an agreement between a landlord and a tenant specifying the rental amount, payment schedule, and related terms and conditions.
- Parties agree to maintain the confidentiality of all proprietary information disclosed during the term of employment.
- It’s an agreement among partners in a law firm, detailing the allocation of income, and the protocol for making significant decisions.
Exercise 53. Use new vocabulary to present the topic “Types of legal documents. Legal Agreements”.
TEXT 18. Affidavits
An affidavit is a written statement that someone makes after promising officially to tell the truth. It can be used as proof in a law court. An affidavit is a powerful legal document that can play a crucial role in various legal proceedings. It serves as a written statement, ensuring the information provided is both truthful and reliable. An affidavit must include a clear title, the affiant’s personal details, a statement of truth, a detailed body of facts, the affiant’s signature. Whether it’s used in court cases, property disputes, or immigration matters, affidavits carry significant weight.
Affidavits serve various purposes in legal and administrative processes. False statements in affidavits carry severe legal penalties. If an affidavit contains intentional falsehoods, the affiant may face perjury charges, resulting in fines, imprisonment, or both. Additionally, providing false information can undermine legal proceedings and lead to the dismissal of the affidavit. Courts rely on the accuracy and honesty of affidavits to establish facts, so any detected falsehood can significantly harm the affiant’s credibility and legal standing.
Like other legal paperwork, an affidavit has to follow a certain structure and include specific elements in order to be valid. The general structure and content requirements are quite standard but for the most experienced law enforcement officers, writing an affidavit can be a daunting task. Common mistakes include omitting key details, providing inaccurate information, improper formatting, and using vague language. These errors can invalidate the affidavit or weaken its legal impact.
Affidavits, with their diverse applications, remain indispensable in upholding the integrity and efficiency of judicial and administrative procedures.
Exercise 54. Use new vocabulary to present the topic “Types of legal documents. Affidavits”
Exercise 55. There are countless types of legal documents that you can use for personal or professional purposes. Here are a few examples of common legal documents. Match them with their definitions.
Affidavit/ contract/ legal agreements/ patent/ petition/ the power of attorney/ will
- An official document that gives someone who has invented something the legal right to make or sell that invention for a particular period of time, and prevents anyone else from doing so.
- It’s a document on which people sign to ask for a certain action.
- A legal document containing a written promise that something is true.
- Formal documents that outline terms and conditions agreed upon by the parties involved. They can cover various arrangements like employment, leases, or business partnerships.
- A legal document in which you state the decisions about your medical treatment you want others to make if you become too ill to make those decisions yourself. It can also explain what you want to happen to your money and possessions after death.
- It is a legal document by which one person appoints another person to make personal and/or financial decisions and perform certain acts on behalf of the principal.
- A written legal agreement between two people or businesses that says what each must to for the other or give to the other.
Темы для ПА-3:
Варианты для монологического высказывания по теме:
Вариант 1. Моя специальность. My specialty.
Вариант 2. Профессиональные качества, необходимые для успешного карьерного роста. Professional qualities necessary for successful career growth.
Вариант 3. Определение права. Definition of law.
Вариант 4. Классификация источников права. Classification of sources of law.
Вариант 5. Правовые системы. Legal systems.
Вариант 6. Конституционное право. Constitutional law.
Вариант 7. Административное право. Administrative law.
Вариант 8. Трудовое право. Labor law.
Вариант 9. Договорное право. Contract law.
Вариант 10. Уголовное право. Criminal law.
Критерии оценки:
максимальное количество набранных баллов – 5:
оценка «отлично» — 5 баллов (полное раскрытие темы 100-90 %, отсутствие
серьезных грамматических, фонетических и лексических ошибок);
оценка «хорошо» — 4 балла (неполное раскрытие темы 89-70 %, наличие
незначительных грамматических, фонетических, лексических ошибок);
оценка «удовлетворительно» — 3 (частичное раскрытие темы 69- 50 %,
наличие значительных грамматических, фонетических, лексических ошибок);
оценка «неудовлетворительно» — 2 балла (частичное раскрытие темы 49-0 %, наличие грубых грамматических, фонетических, лексических ошибок).
Темы для ПА-4:
Варианты для монологического высказывания по теме:
Вариант 1. Судебная система в англоязычных странах. Judicial system in English-speaking countries.
Вариант 2. Гражданский процесс. Civil procedure.
Вариант 3. Уголовный процесс. Criminal procedure.
Вариант 4. Виды юридических документов: контракт. Types of legal documents: contract.
Вариант 5. Виды юридических документов: завещания. Types of legal documents: wills.
Вариант 6. Виды юридических документов: доверенности. Types of legal documents: powers of attorney.
Вариант 7. Виды юридических документов: договоры. Types of legal documents: legal agreements.
Вариант 8. Виды юридических документов: письменные показания под присягой. Types of legal documents: affidavits.
Критерии оценки:
максимальное количество набранных баллов – 5:
оценка «отлично» — 5 баллов (полное раскрытие темы 100-90 %, отсутствие
серьезных грамматических, фонетических и лексических ошибок);
оценка «хорошо» — 4 балла (неполное раскрытие темы 89-70 %, наличие
незначительных грамматических, фонетических, лексических ошибок);
оценка «удовлетворительно» — 3 (частичное раскрытие темы 69- 50 %,
наличие значительных грамматических, фонетических, лексических ошибок);
оценка «неудовлетворительно» — 2 балла (частичное раскрытие темы 49-0 %, наличие грубых грамматических, фонетических, лексических ошибок).
Приложение 1
Рейтинговая карта студента
ФИО_________________________________ (3 курс, группа )
Специальность: 40.02.04 Юриспруденция
Дисциплина: СГ.02. Иностранный язык в профессиональной деятельности. Дисциплина осваивается в течение 4 семестров (1, 2, 3 и 4). Оценка в диплом выставляется на основании полученных студентом оценок по результатам промежуточных аттестаций за все семестры изучения данной дисциплины (согласно среднеарифметическому расчету).
| 5 семестр | |||
|---|---|---|---|
| Вид контроля(по технологической карте) | Максимальное/минимальноеколичество баллов | Набранные баллы(как пример) | Оценка уровня подготовки |
| 1. Посещаемость учебных занятий до даты ТРК-3 в 5 семестре | 20-10 | 10 (как пример) | |
| 2. Текущий контроль до даты ТРК-3 в 5 семестре | 20-10оценка «5»-20-18оценка «4»-17-14оценка «3»-13-10оценка «2»-9-0 | 11 | 3 |
| 2.1. Тесты и упражнения (в том числе в системе Moodle) | 14-7 | 7 | 3 |
| 2.2. Портфолио для ПА-3 | 4-3 | 3 | 3 |
| 2.3. Презентации по одной из тем ПА-3 | 2-1 | 1 | 3 |
| 3. Текущий (рубежный) контроль 1 (контрольный тест) | 10-5оценка «5»-10-9оценка «4»-8-7оценка «3»-6-5оценка «2»-4-0 | 5 (допустимый минимум на оценку «3») | 3 |
| 4.Текущий (рубежный) контроль 3 с учётом всех баллов до даты ТРК-3: за посещаемость, текущий контроль, контрольный тестДанный показатель учитывается при подсчёте общего балла для выведения итоговой оценки ПА-3 | 50*-25*оценка «5»-50-45оценка «4»-44-34оценка «3»-35-25оценка «2»-24-0 | Всего набрано баллов: 26*(как пример) | 3 |
| 5. Посещаемость учебных занятий после ТРК-3 до даты ПА-3 | 20-10 | 14(как пример) | 4 |
| 6.Текущий контроль после ТРК-3 до даты ПА-3 | 20-10оценка «5»-20-18оценка «4»-17-14оценка «3»-13-10оценка «2»-9-0 | 11 | 3 |
| 6.1. Тесты и упражнения (в том числе в системе Moodle) | 14-7 | 7 | 3 |
| 6.2. Портфолио для ПА-3 | 4-3 | 2 | 3 |
| 6.3. Презентация одной из тем ПА-3 | 2-1 | 1 | 3 |
| Общие баллы, полученные студентом за Текущий (рубежный) контроль 3.Данный показатель учитывается при подсчёте общего балла для выведения итоговой оценки ПА-3 | 50*-25* | Всего набрано баллов: 26*(как пример) | 3 |
| 4. Участие в олимпиадах, конференциях, конкурсах и других мероприятиях ПК «Филология и лингвистика». | 10(дополнительные баллы) | 0 | |
| ПА-1 -(контроль монологического высказывания) | 10-5оценка «5»-10-9оценка «4»-8-7оценка «3»-6-5оценка «2»-4-0 | 5(допустимый минимум на оценку «3») | 3 |
| Промежуточная аттестация 3 с учётом всех баллов с начала семестра до даты ПА-3 за посещаемость, текущий контроль и ТРК-3 | 100-50оценка «5»-100-90оценка «4»-89-70оценка «3»-69-50оценка «2»-49-0 | 56(результат по всем баллам) | 3 |
| 6 семестр | |||
| Вид контроля(по технологической карте) | Максимальное/минимальноеколичество баллов | Набранные баллы(как пример) | Оценка уровня подготовки |
| 1. Посещаемость учебных занятий до даты ТРК-4 во 4 семестре | 20-10 | 11(как пример) | 3 |
| 2. Текущий контроль до даты ТРК-4 во 4 семестре | 20-10оценка «5»-20-18оценка «4»-17-14оценка «3»-13-10оценка «2»-9-0 | 11 | 3 |
| 2.1. Тесты и упражнения (в том числе в системе Moodle) | 14-7 | 7 | 3 |
| 2.2. Портфолио для ПА-4 | 4-3 | 3 | 3 |
| 2.3. Презентация одной из тем ПА-4 | 2-1 | 1 | 3 |
| 3. Текущий (рубежный) контроль 2 (контрольный тест) | 10оценка «5»-10-9оценка «4»-8-7оценка «3»-6-5оценка «2»-4-0 | 5(допустимый минимум на оценку «3») | 3 |
| 4.Текущий (рубежный) контроль 2 с учётом всех баллов до даты ТРК-4: за посещаемость, текущий контроль, контрольный тестДанный показатель учитывается при подсчёте общего балла для выведения итоговой оценки ПА-4 | 50*-25*оценка «5»-50-45оценка «4»-44-34оценка «3»-35-25оценка «2»-24-0 | Всего набрано баллов: 27*(как пример) | 3 |
| 5. Посещаемость учебных занятий после ТРК-4 до даты ПА-4 | 20 | 13(как пример) | 3 |
| 6.Текущий контроль после ТРК-4 до даты ПА-4 | 20-10оценка «5»-20-18оценка «4»-17-14оценка «3»-13-10оценка «2»-9-0 | 12(допустимый минимум на оценку «3») | 3 |
| 6.1. Тесты и упражнения (в том числе в системе Moodle) | 14-7 | 7 | 3 |
| 6.2. Портфолио для ПА-4 | 4-3 | 3 | 3 |
| 6.3. Презентация одной из тем ПА-4 | 2-1 | 1 | |
| 7.Текущий (рубежный) контроль 2Данный показатель учитывается при подсчёте общего балла для выведения итоговой оценки ПА-4 | 50*-25*оценка «5»-50-45оценка «4»-44-34оценка «3»-35-25оценка «2»-24-0 | Всего набрано баллов: 27*(как пример) | 3 |
| 8. Участие в олимпиадах, конференциях, конкурсах и других мероприятиях ПК «Филология и лингвистика». | 10(дополнительные баллы) | 0 | |
| 9. ПА-4. Промежуточная аттестация 2 (контроль монологического высказывания) | 10оценка «5»-10-9оценка «4»-8-7оценка «3»-6-5оценка «2»-4-0 | 5(допустимый минимум на оценку «3») | 3 |
| 10.Промежуточная аттестация 2 с учётом всех баллов с начала семестра до даты ПА-4 за посещаемость, текущий контроль и ТРК-4 | 100оценка «5»-100-90оценка «4»-89-70оценка «3»-69-50оценка «2»-49-0 | 57(результат по всем баллам) | 3 |



