Oblogka Law in the United Kingdom.Indd

И. Е. Абрамова, О. М. Шерехова, Е. П. Шишмолина

LAW IN THE UNITED KINGDOM

Учебное пособие для студентов юридического факультета

Петрозаводск 2013 Министерство образования и науки Российской Федерации Федеральное государственное бюджетное образовательное учреждение высшего профессионального образования ПЕТРОЗАВОДСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ

И. Е. Абрамова, О. М. Шерехова, Е. П. Шишмолина

LAW IN THE UNITED KINGDOM

Учебное пособие для студентов юридического факультета

Петрозаводск Издательство ПетрГУ 2013

УДК 811.11 ББК 81.432.1 А161

Издается в рамках реализации комплекса мероприятий Программы стратегического развития ПетрГУ на 2012—2016 гг.

Рецензенты: С. Г. Гусева, канд. пед. наук, доц. каф. англ. яз. КГПА; Е. В. Игнатович, канд. пед. наук, вед. науч. сотрудник Ин-та непрерывного образования ПетрГУ

Абрамова, И. Е. А161 Law in the United Kingdom : учеб. пособие для студентов юрид. факультета / И. Е. Абрамова, О. М. Шерехова, Е. П. Шиш- молина. — Петрозаводск : Издательство ПетрГУ, 2013. — 80 с. ISBN 978-5-8021-1744-6 Пособие предназначено для студентов I, II курсов юриди- ческого факультета. Учебные задания направлены на разви- тие навыков и умений в чтении и говорении.

УДК 811.11 ББК 81.432.1

СОДЕРЖАНИЕ Введение ...... 4 UNIT 1. The Legal System of the United Kindom ...... 5 UNIT 2. People in the Legal System ...... 16 UNIT 3. Types of Law in the UK ...... 30 UNIT 4. History of the Judiciary. Part 1 ...... 37 UNIT 5. History of the Judiciary. Part 2 ...... 46 UNIT 6. History of the Judiciary. Part 3 ...... 57 Приложения ...... 68 Рекомендации по созданию фильма ...... 68 Grammar Materials ...... 71

3 ВВЕДЕНИЕ Формирование профессиональной коммуникативной компетенции в области иностранного языка является одной из основных целей обу- чения студентов по направлению «Юриспруденция», что закреплено в Федеральном образовательном стандарте: выпускник, окончивший обучение по данному направлению, владеет необходимыми навыка- ми профессионального общения на иностранном языке (ОК-13). Учебное пособие, предназначенное для студентов юридического факультета, разработано на основе принципа взаимосвязанного обу- чения разным видам речевой деятельности. Основное внимание уде- лено заданиям на развитие навыков и умений в чтении и говорении (монологическая и диалогическая речь). Содержательной основой по- собия выступает текст. Пособие состоит из шести частей, имеющих единую структуру. Каждый раздел начинается с фонетического блока (зарядки), после прочтения текста рекомендованы лексико-грамматические упраж- нения, затем блок заданий в области говорения, тренирующих раз- личные интенции говорящего (согласиться/не согласиться с собесед- ником, усомниться в достоверности информации, дополнить по теме беседы и т. д.). Ко всем упражнениям этой части предлагаются рече- вые клише и выражения. На завершающем этапе студентам предла- гается обсудить вопросы по теме текста без зрительных опор, а также выполнить несколько коммуникативно-творческих заданий или проек- тов (устроить викторину, снять видеосюжет, провести студенческую мини-конференцию). В приложении к учебному пособию представ- лены рекомендации по работе над проектом по созданию видео- фильма и краткое руководство по практической грамматике англий- ского языка. Учебное пособие может быть использовано как в аудитории, так и при организации самостоятельной работы студентов.

UNIT 1. THE LEGAL SYSTEM OF THE UNITED KINGDOM 3 Warming-up exercises Read the following. Mind the difference in pronunciation /i:/ — /ı/: 1. You should feel it inside. You should fill it inside. 2. Mary doesn’t want to sleep. Mary doesn’t want to slip. 3. The peach is excellent. The pitch is excellent. 4. Bob beat Tom again. Bob bit Tom again. 5. Is he leaving with his brother? Is he living with his brother? 6. That’s a low heel. That’s a low hill. 7. I want to eat. I want it. 8. She was shocked by the dean. She was shocked by the din. 9. It was a terrible scene. It was a terrible sin. 10. We always heat our food. We always hid our food. 11. Do you see the peak? Do you see the pig? 12. Shall we slip in here? Shall we sleep in here? 13. They had a wonderful mill They had a wonderful meal by the river. by the river. 14. Ann’s never seen a ship Ann’s never seen a sheep move so fast. move so fast! Read the following. Mind the difference in pronunciation of /ʊ/ — /u/: /ʊ/ /u/ 1. The black soot was dirty. The black suit was dirty. 2. Lesley’s foot’s cold. Lesley’s food’s cold. 3. Does Emily think Teddy’s full? Does Emily think Teddy’s fool? 4. It was a long pull. It was a long pool. Read the following. Mind the difference in the length of vowels: a. Mary always hit Bill. Mary always hid Bill. b. It’s a Bic pencil. It’s a big pencil. c. My scarf is ripped. My scarf is ribbed. d. She knows they’re rich. She knows their ridge. e. Where are the cat’s feet? Where’s the cat’s feed? f. There are many leaks now. There are many leagues now. g. They need peace. They need peas.

5 Read the following. Mind the difference in pronunciation: 1. Please take this back/bag. 2. Has Austin used his bet/bed? 3. I need a cap/cab. 4. Give Florence a cart/card. 5. Lorenz’s going to sink/sing. 6. Oliver found ten bucks/bugs. 7. It was a wonderful safe/save. 8. What happened to Robert’s lamps/lambs? 9. Johnny made a nice batch/badge. 10. They lift/lived over there. 11. Solomon let/led them in. 12. Only two seats/seeds are left. 13. How many laps/labs did Ronald run? 14. They often duck/dug behind Dorian’s car.

3 Reading How does the British legal system work? The administration of justice in Britain is independent of both Parliament and the government. Every citizen has the right to equal treatment before the law. People accused of more serious crimes are tried in open court by a judge and jury. Less serious cases are tried by law magistrates. Fines, probation or imprisonment may be imposed on a convicted person. There is a mandatory sentence of life imprisonment for murder throughout Britain. Life imprisonment is the maximum sentence of a number of other serious offenses, such as robbery, rape and manslaughter. England and Wales, Scotland and Northern Ireland all have their own legal systems. In practice, there's little difference between English and Northern Ireland law but Scotland is different — the courts have different names and follow different procedures. Some English laws don't apply to Scotland and vice versa. Different types of case are tried in specific courts. The Magistrates’ Courts have jurisdiction over a wide range of matters involving criminal cases. The Magistrates’ Courts hear criminal trials; in the majority of cases the defendants plead guilty to the charges against them. In cases

like these — the role of the court is to decide the sentence that should be imposed on the defendant. Where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. The prosecution must prove the case beyond reasonable doubt with the use of evidence/proof. The magistrates are usually people who live in the local community, sometimes called justices of the peace. There are usually three magistrates who are supported by a legally trained advisor. Sometimes cases are tried by one magistrate, called a district judge, who is a lawyer. Magistrates' courts are not as formal as the Crown Court, the magistrates do not wear wigs and only the ushers (court officials who keep everything running smoothly) wear black gowns. A very small percentage of cases (about five per cent) are heard in the Crown Court. There are three situations where a case may be 'tried' at the Crown Court: 1. Serious crimes; 2. Cases where the defendant has asked to have his case tried by a jury; 3. Magistrates may send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. Cases at the Crown Court are tried by a jury. These are 12 people from the general public who listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. The judge decides on matters of law during the trial, such as whether certain evidence is allowed to be presented. The judge also makes sure the trial proceeds in a fair way. At the end of the trial if the defendant is found guilty the judge decides the sentence for the crime (for example how long the defendant must spend in prison). Appeals from the Crown Court will go to the High Court, and potentially to the Court of Appeal or even the Supreme Court. The High Court has three ‘divisions’. They are: 1. Family Division which deals with non-criminal cases to do with domestic law; 2. Chancery Division which deals with business and property law; 3. Queen’s Bench Division which deals with other civil law cases including those of libel, slander and breach of contract.

7 Traditionally, the House of Lords was the highest appeal court in the UK. It acted as the final court on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. Its decisions bound all courts below. As members of the House of Lords, the judges not only heard cases, but were also able to become involved in debating and the subsequent enactment of Govern- ment legislation (although, in practice, they rarely did so). The Supreme Court (The Appellate Committee of the House of Lords) came into force on 1st October 2009 and plays a crucial role in the development of United Kingdom law as well as being the final court of appeal. Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. Again, appeals will go to the High Court and then to the Court of Appeal which has two divisions dealing with appeals regarding criminal and civil law. The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, may also go to the Court of Appeal.

3 Exercises 1. Consult the dictionary and find the pronunciation of the following words: Parliament, Northern Ireland, The Magistrates’ Court, prosecution, manslaughter, legislation, jurisdiction, procedure, guilty, percentage, subsequent, enactment, the Appellate Committee. 2. Find in the text above the English equivalents of the following words and word-combinations: серьезные преступления, пожизненное тюремное заключение, осуще- ствлять процессуальные действия, ограбление, обвиняемый, призна- вать себя виновным/невиновным, испытательный срок, нарушение контракта, сторона обвинения, выяснять обстоятельства дела, апел- ляционный суд, гражданское дело, уголовное дело, клевета, Верхов- ный суд, правосудие.

3. Match the word with its definition: 1. To accuse of a. A formal request to a court asking for a decision to be changed. 2. A convicted b. A dishonest, violent, or immoral action that can be punished by law. 3. Imprisonment c. The person accused of the crime. 4. Magistrate d. The state of being in prison. 5. Defendant e. A law or set of laws. 6. Appeal f. To say that someone is guilty of a crime. 7. Sentence g. The official in control of a court who decides how criminals should be punished.

9 8. Evidence h. A punishment that a judge gives to someone who has been declared guilty of a crime. 9. Jury i. Someone who has been proved to be guilty of a crime. 10. Crime j. Information given in a court of law in order to prove that someone guilty. 11. Judge k. A group of 12 people who listen to details of a case in court and decide if someone guilty or not. 12. Legislation l. Someone who judges less serious crimes in a court of law. 4. Work in pairs. Express your agreement with the statement. Use the phrases. I agree. You're absolutely right. I have to side with … on this one. No doubt about it. Me neither. (Agree with negative statement.) You have a point there. Example: Every citizen has the right to equal treatment before the law. — You're absolutely right; every citizen has the right to equal treatment before the law. 1. The administration of justice in Britain is independent of both Parliament and the government. 2. A very small percentage of cases (about five per cent) are heard in the Crown Court. 3. There are three situations where a case may be 'tried' at the Crown Court: serious crimes; cases where the defendant has asked to have his case tried by a jury; magistrates may send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. Appeals from the Crown Court will go to the High Court, and potentially to the Court of Appeal or even the Supreme Court. 4. The High Court has three ‘divisions’. They are: Family Division which deals with non-criminal cases to do with domestic law; Chancery Division which deals with business and property law;

Queen’s Bench Division which deals with other civil law cases including those of libel, slander and breach of contract. 5. Work in pairs. Express your disagreement with the statement using the phrases. I don't think so. I see/know what you mean but… I'm afraid I disagree. I totally disagree. (strong) I'd say the exact opposite. (strong) Not necessarily. That's not always true. That's not always the case. No, I'm not so sure about that. Example: Magistrates don’t send a case to the Crown Court if they do not have the power to set a sentence as severe as the crime deserves. — I see/know what you mean but I am sure if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Every citizen hasn’t the right to equal treatment before the law. 2. There are usually three magistrates who aren’t supported by a legally trained advisor. 3. Sometimes cases are tried by one magistrate, called a district judge, who isn’t a lawyer. 4. Cases at the Crown Court are tried by a jury. These are 12 judges who listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. 5. Traditionally, the Crown Court was the highest appeal court in the UK. 6. The House of Lords acted as the final court on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. 6. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends.

11 I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — I neither agree nor disagree. A very small percentage of cases (about five per cent) are heard in the Crown Court. 1. People accused of more serious crimes are tried by law magistrates. Less serious cases are tried in open court by a judge and jury. 2. The magistrates are people who never live in the local community. 3. The judge doesn’t decide on matters of law during the trial, such as whether certain evidence is allowed to be presented. 4. As members of the House of Lords, the judges heard cases, but and weren’t also able to become involved in debating and the subsequent enactment of Government legislation (although, in practice, they rarely did so). 5. The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal, and the Employment Appeals Tribunal, mayn’t also go to the Court of Appeal. 7. Work in pairs. Ask for Instructions, Clarification or Repetition using the phrases. Shall I proceed? Shall I move on? Shall I continue? Shall I repeat? Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. Fines, probation or imprisonment may be imposed on a convicted person. There is a mandatory sentence of life imprisonment for murder throughout Britain. 2. The prosecution must prove the case beyond reasonable doubt with the use of evidence/proof.

3. The judge also makes sure the trial proceeds in a fair way. 4. The Supreme Court (The Appellate Committee of the House of Lords) came into force on 1st October 2009 and plays a crucial role in the development of United Kingdom law as well as being the final court of appeal. 8. Work in pairs. Use the phrases by interrupting. Translate your dialogues. Can I add something here? If I might add something… Sorry to interrupt, but… Sorry, go ahead. ИЛИ Sorry, you were saying… You didn't let me finish. Example: 1. Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain. 2. At the end of the trial if the defendant is found guilty the judge decides the sentence for the crime (for example how long the defendant must spend in prison). 3. The Supreme Court plays a crucial role in the development of United Kingdom law as well as being the final court of appeal. 4. The High Court has three ‘divisions’: Family Division; Chancery Division; Queen’s Bench Division. 5. The House of Lords acted as the final court on points of law for the whole of the United Kingdom. 9. Work in pairs. Ask for an opinion using the phrases. Translate your dialogues. What’s your opinion (of)? What’s your view (on that)? What are your thoughts on all of this? What's your idea? Example: Fines, probation or imprisonment may be imposed on a convicted person. — What’s your view (on that)? 1. Life imprisonment is the maximum sentence of a number of other serious offenses, such as robbery, rape and manslaughter.

13 2. In the majority of cases the defendants plead guilty to the charges against them. In cases like these — the role of the court is to decide the sentence that should be imposed on the defendant. 3. Where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 4. Civil cases will sometimes be dealt with by magistrates, but may well go to a county court. 10. Work in pairs. State your opinion using the phrases. Trans- late your dialogues. In my view/opinion… The way I see it… According to… As far as I'm concerned… If you ask me… It seems to me… Example: Fines, probation or imprisonment may be imposed on a convicted person. In my view/opinion it is very important (useful, interesting) to know for us. 1. England and Wales, Scotland and Northern Ireland all have their own legal systems. 2. In practice, there's little difference between English and Northern Ireland law but Scotland is different — the courts have different names and follow different procedures. 3. The Magistrates’ Court have jurisdiction over a wide range of matters involving criminal cases. 4. Magistrates' courts are not as formal as the Crown Court, the magistrates do not wear wigs and only the ushers (court officials who keep everything running smoothly) wear black gowns. 11. Work in pairs. Add new information from the text using the phrases. I’d like to add… I think… I have to say about this… Example: In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not

guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. Some English laws don't apply to Scotland and vice versa. 2. Different types of case are tried in specific courts. 3. Again, appeals will go to the High Court and then to the Court of Appeal which has two divisions dealing with appeals regarding criminal and civil law. 4. The Magistrates’ Courts hear criminal trials. 12. Work in pairs. Speak to the following points. Use the phrases. 1. The administration of justice in Britain. 2. Every citizen has the right to equal treatment before the law. 3. Different types of case are tried in specific courts. 4. The Magistrates’ Court. 5. The Crown Court. 6. The High Court. 7. The Supreme Court. 8. The tribunals system.

3 Discuss the Legal System of the United Kingdom in your group. Act the Role-Play «Student’s conference».

3 Make a video interview «What do you know about the Legal System of the United Kingdom».

3 Make a Quiz «The Legal System of the United Kingdom».

15 UNIT 2. PEOPLE IN THE LEGAL SYSTEM 3 Warming-up exercises Read the following. Mind the difference in pronunciation of/æ/ — /ɒ/: /æ/ /ɒ/ a. Rebecca thinks it’s a hat. Rebecca thinks it’s hot. b. Do you see these caps? Do you see these cops? c. Fred’s sitting on the cat. Fred’s sitting on the cot. d. Jennifer’s stacking up books. Jennifer’s stocking up books. Read the following. Mind the difference in pronunciation of /з:/ — /ɔ:/: 1. /з:/ 2. /ɔ:/ a. They were unusual dresses. They wore unusual dresses. b. What a long word! What a long ward! c. Is that thing a worm? Is that thing warm? d. Ernest wants to worship. Ernest wants the warship. e. Dolly worked all night. Dolly walked all night. f. The worst lasted three years. The wars lasted three years. Read the following. Mind the difference in pronunciation: 1. It’s natural for children to love nature. 2. Take a deep breath, and then breathe out. 3. Do I sign my own name or get someone else’s signature? 4. Certain types of plants are typically grown indoors. 5. The produces thought the cost of production was too high. 6. Herbert could make some beautiful clothes with this cloth. 7. A person who comes from the South is called a Southerner. 8. Gertrude took a bath after sunbathing for three hours. 9. The metric system measures length in meters. 10. There was a story about the United Nations on the national news. 11. Many athletes get athletic scholarships to attend college.

3 Reading The main legal personnel are: ● Lawyers; ● Judges; ● Government legal ofﬁcers.

Lawyers The English legal profession comprises two different types of lawyer: barristers and solicitors. Traditionally, the two branches did different types of work. Today, this distinction is increasingly breaking down, but the terms ‘solicitor’ and ‘barrister’ still describe two different professionals, who each undergo a different training process and set of exams in order to qualify. The term lawyer, however, covers both. Traditionally, the major difference between the work of the two branches was that solicitors dealt directly with clients, while barristers were usually called on by a solicitor where necessary, either to give advice on a detailed area of law, or to represent the client in court. In addition, only barristers could appear in the higher courts. However, changes made in the 1990s have broken down some of the differences between the two branches. Clients can now consult barristers directly without being referred by a solicitor and solicitors can appear in all courts, provided that they have undergone a specialist training course (solicitors who do this are often known as solicitor advocates). In fact, although it is often believed that barristers do most court work, solicitors have always done a lot of criminal court work, because 95 percent of criminal cases are heard in the magistrates’ courts, where the defendant is usually represented by a solicitor rather than a barrister. QCs (short for Queen’s Counsel) are barristers and solicitors who have been in practice for at least ten years and are considered particularly talented and experienced. Becoming a QC is not, however, automatic — lawyers must apply for the title, and some apply several times before being granted it, while others never get it at all. Becoming a QC generally means a lawyer will be offered higher-paying work.

3 Exercises 1. Find in the text above the English equivalents of the following words and word-combinations: профессия юриста, адвокат, сокра- щаться, основное различие, давать советы, представлять в суде, суд высшей инстанции, уголовные дела, ходатайствовать, предлагать.

17 2. Find the synonyms to the following words and phrases: to include, various, difference, on the condition that, the accused, to take the advice of, gifted. Judges There are six different categories of judge in the legal system, as well as magistrates, who, although they are lay people and not considered part of the judiciary, actually decide 95 percent of all criminal cases. Supreme Court Justices sit in the Supreme Court. There are 12 of them. They are referred to as, for example, Lord or Lady Brown. Lord and Lady Justices of Appeal sit in the Court of Appeal. There are 38 of them. They are referred to as, for example, Lord or Lady Justice Brown. The most senior judge in the Civil Division of the Court of Ap- peal is called the Master of the Rolls; in the Criminal Division, the head is the Lord Chief Justice. High Court judges sit in the High Court and also hear the most serious cases in the Crown Court; there are just over 100 of them. They spend some of their time ‘on circuit’, travelling around the regional courts, where they may, for example, hear Queen’s Bench Division cases or Family Division cases which would otherwise have to be held at the High Court in London. Circuit judges sit in the county court and in middle-ranking Crown Court cases. There are around 650 of them, and they are referred to as, for example, Judge Simon Smith or Judge Ann Jones. Occasionally they may also sit in the Court of Appeal. District judges hear the majority of cases in the county courts; there are around 450 of them. There are also around 100 district judges who hear the more complex and serious cases in the magistrates’ courts of larger cities. Recorders are part-time judges who hear the least serious Crown Court cases and some county court cases. They are usually still working as barristers or solicitors, and the job is viewed as a kind of apprenticeship before becoming a full-time judge. The title of recorder is also used in a slightly different context: the Recorder of Manchester is the most senior circuit judge in the Manchester Crown Court, and similar titles are used for the same role in Liverpool, Belfast and some other cities. The title Recorder of London applies to one of the senior judges who sits at

the Central Criminal Court (the London Crown Court which is better known as the Old Bailey). Magistrates (also known as Justices of the Peace, or JPs) are lay people, drawn from the local community, who sit in the magistrates’ courts hearing both criminal and some kinds of civil cases. Though they receive training in court procedure, they are not required to be legally qualified or to know the law, but have a legally-qualified clerk to advise them. The work is voluntary (magistrates receive expenses, but no pay) and part-time — most magistrates sit for 35—70 half-days per year. Magistrates are selected by local committees, though they are officially appointed by the Lord Chancellor. When reporting cases involving magistrates, it is usual to refer to them as ‘the magistrates’ rather than by name, but a magistrate’s name can be used if you need to refer to one specifically. 3. Explain the meaning of the following words and word- combinations and find the examples in the text: The Court of Appeal, the Crown Court, to hear the case, on circuit, county courts, part-time judges, apprenticeship, local community, to be legally qualified, voluntary work, to be selected, to be appointed. Government legal officers There are four government legal officers: ● the Lord Chancellor; ● the Attorney-General; ● the Solicitor-General; ● the Director of Public Prosecutions. The Lord Chancellor is a Cabinet Minister, and the head of the Minis- try of Justice, which is responsible for the courts, prisons, probation and constitutional affairs. He or she can be a member of either the House of Commons or the House of Lords. The Attorney-General and the Solicitor-General (together known as the Law Officers) are both Government Ministers, though not members of the Cabinet. The Attorney-General is the main legal advisor to the Gov- ernment (the Attorney-General at the time of the war in Iraq, for example, gave the Government advice on whether the war was legal under international law), and is responsible for important legal cases involving the Government, whether at home or abroad. Certain types of crime require consent from the Attorney-General before prosecutions can be brought,

19 and if this consent is given, the prosecution is brought in the name of the Attorney-General. The Solicitor-General is effectively the Attorney- General’s deputy, and may fulﬁl any of his or her functions where necessary. The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS), and is responsible for ensuring the independent review and prosecution of criminal proceedings started by the police in England and Wales. He or she makes decisions about the most complex and sensitive cases and advises the police on criminal matters and prosecutions for certain types of cases require his or her permission. The DPP reports to the Attorney-General. (From http://catalogue.pearsoned.co.uk/assets/hip/gb/uploads/M02_ QUIN4141_03_SE_C02.pdf) 4. Fill in the gaps with the correct prepositions and translate the following phrases from English into Russian. To be responsible… constitutional affairs, to be a member… the House of Commons, to be known… an officer, to be an adviser… the Government, …the time… the war, to be brought… the name… the At- torney-General, to make decisions… the most complex and sensitive cases, to advise the police… criminal matters. There are some other people involved in the court system. Here is a list of people you might meet if you are required to attend court. Plaintiff, complainant or applicant The plaintiff, complainant, or applicant is the person who initiates the case in a non-criminal matter. Accused or respondent The accused or respondent is the person or a group of people who have been officially accused of a crime or offence in a court of law. Prosecutor A prosecutor is the person who appears in court to present the case against you, if you have been charged with committing a criminal offence. Informant The informant is usually the police officer who charged you. In some cases the informant is a council officer or other government official. If you plead guilty the informant will not usually be in court.

Public The public includes your family, friends, or anyone else interested in exercising their right to watch what goes on in court. Witnesses Witnesses may either give an account of events about your case, or give expert evidence upon some matter affecting your case. You can bring your own witnesses to give evidence of your good character. Registrar The registrar is the manager/administrator of the court. It will be a registrar or deputy registrar (or member of the registry staff) who will assist you at a court counter. Bench clerk (Magistrates’ and Children’s Court) The bench clerk sits near the magistrate, and announces the cases and calls people into court. The bench clerk will direct people where to stand, read the charges out and administer the oath or affirmation to witnesses. The bench clerk is usually a deputy registrar or trainee registrar. Judge’s associate (Supreme and County Courts) The judge’s associate performs various administrative and court duties to assist the judge. These duties may include completing paperwork, liaising with parities, keeping a record of court proceedings, and taking verdicts. Some associates may also undertake research as required by the judge. Tipstaff (Supreme and County Courts) The tipstaff announces that the court is in session and administers oaths or affirmations to witnesses. An important duty of the tipstaff is to look after the jury. He or she escorts jury members into the courtroom and into the jury room, and deals with any practical matters for the jury. Sometimes the role of the tipstaff is undertaken by a second associate. (From: Roles in Court http://www.justice.vic.gov.au/home/courts/going+to+court/roles+in+ court/) 5. Match the profession with its description: 1. A solicitor 2. Judge 3. The accused 4. A barrister 5. Magistrate

21 6. Plaintiff 7. Сomprise a) A trained lawyer who decides what happens to your case, whether you are guilty or not guilty, whether your case will have to go to another court or be put off until another day. b) A legal advocate who is briefed by a solicitor on your behalf to present your case in court. This person can appear on behalf of any party. c) After the accused has been arrested, this person is the first one who he or she needs to see. This person presents your case to the court. d) Someone who brings a legal action against someone in a court of law. e) Unpaid judges, usually chosen from well-respected people in the local community. f) The person against whom a case is brought. 6. Consult the dictionary and write the transcription of the following words: circuit, apprenticeship, clerk, procedure, barristers, Lord Chancellor, Attorney-General, prosecution, complainant, plaintiff, solicitors, respondent, oath, associate. 7. Work in pairs. Express your agreement with the statement. Use the phrases. I'm exactly of the same opinion. I can't help thinking the same. I totally agree. I absolutely agree. I agree entirely with you. Example: Every citizen has the right to equal treatment before the law. — I'm exactly of the same opinion; every citizen has the right to equal treatment before the law. 1. The title of recorder is also used in a slightly different context: the Recorder of Manchester is the most senior circuit judge in the Manchester Crown Court, and similar titles are used for the same role in Liverpool, Belfast and some other cities. 2. Traditionally, the major difference between the work of the two branches was that solicitors dealt directly with clients, while barristers

were usually called on by a solicitor where necessary, either to give advice on a detailed area of law, or to represent the client in court. 3. Though magistrates receive training in court procedure, they are not required to be legally qualiﬁed or to know the law, but have a legally- qualiﬁed clerk to advise them. 4. The bench clerk sits near the magistrate, and announces the cases and calls people into court. The bench clerk will direct people where to stand, read the charges out and administer the oath or affirmation to witnesses. The bench clerk is usually a deputy registrar or trainee registrar. 5. The judge’s associate performs various administrative and court duties to assist the judge. These duties may include completing paperwork, liaising with parities, keeping a record of court proceedings, and taking verdicts. Some associates may also undertake research as required by the judge. 8. Work in pairs. Express your disagreement with the statement using the phrases. As a matter of fact, I don't agree. I'm not sure, in fact. I'm not at all convinced. I'm afraid I entirely disagree with… I don't think that's right. I can't say I share your view. That's not my way of looking at it. I don’t agree with you at all. I totally disagree. Example: Magistrates don’t send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. — I'm afraid I entirely disagree with you, if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Clients cannot now consult barristers directly without being referred by a solicitor and solicitors cannot appear in all courts, because that they haven’t undergone a specialist training course.

23 2. Magistrates (also known as Justices of the Peace, or JPs) aren’t lay people, who sit in the magistrates’ courts hearing both criminal and some kinds of civil cases. 3. Recorders aren’t usually still working as barristers or solicitors; they cannot become a full-time judge. 4. Witnesses present the case against you, if you have been charged with committing a criminal offence. You cannot bring your own witnesses to give evidence of your good character. 5. The registrar may either give an account of events about your case, or give expert evidence upon some matter affecting your case. 9. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends. I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — It depends. A very small percentage of cases (about five per cent) are heard in the Crown Court. 1. In addition, only solicitors could appear in the higher courts. There aren’t differences between the two branches — barristers and solicitors. 2. Recorders are full-time judges who hear the least serious Crown Court cases and some county court cases. 3. The magistrates receive pay for their work; most magistrates sit for 35—70 full-days per year. 4. The Director of Public Prosecutions (DPP) is the main legal advisor to the Government and he or she makes decisions about the most complex and sensitive cases and advises the police on criminal matters and prosecutions for certain types of cases require his or her permission. 5. The public may either give an account of events about your case, or give expert evidence upon some matter affecting your case. 10. Work in pairs. Ask for instructions, clarification or repetition using the phrases. Shall I proceed? Shall I move on?

Shall I continue? Shall I repeat? Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. In fact, although it is often believed that barristers do most court work, solicitors have always done a lot of criminal court work, because 95 percent of criminal cases are heard in the magistrates’ courts, where the defendant is usually represented by a solicitor rather than a barrister. 2. The title Recorder of London applies to one of the senior judges who sits at the Central Criminal Court (the London Crown Court which is better known as the Old Bailey). 3. District judges hear the majority of cases in the county courts; there are around 450 of them. There are also around 100 district judges who hear the more complex and serious cases in the magistrates’ courts of larger cities. 4. Magistrates are selected by local committees, though they are ofﬁcially appointed by the Lord Chancellor. 5. The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS), and is responsible for ensuring the independent review and prosecution of criminal proceedings started by the police in England and Wales. 6. The informant is usually the police officer who charged you. In some cases the informant is a council officer or other government official. If you plead guilty the informant will not usually be in court. 11. Work in pairs. Use the phrases by interrupting. Translate your dialogues. Can I add something here? If I might add something… Sorry to interrupt, but… Sorry, go ahead. Sorry, you were saying… You didn't let me finish.

25 Example: Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain. 1. The English legal profession comprises two different types of lawyer: barristers and solicitors. Traditionally, the two branches did different types of work. Today, this distinction is increasingly breaking down, but the terms ‘solicitor’ and ‘barrister’ still describe two different professionals, who each undergo a different training process and set of exams in order to qualify. The term lawyer, however, covers both. 2. Circuit judges sit in the county court and in middle-ranking Crown Court cases. There are around 650 of them, and they are referred to as, for example, Judge Simon Smith or Judge Ann Jones. Occasionally they may also sit in the Court of Appeal. 3. When reporting cases involving magistrates, it is usual to refer to them as ‘the magistrates’ rather than by name, but a magistrate’s name can be used if you need to refer to one speciﬁcally. 4. Certain types of crime require consent from the Attorney-General before prosecutions can be brought, and if this consent is given, the prosecution is brought in the name of the Attorney-General. The Solicitor-General is effectively the Attorney-General’s deputy, and may fulﬁl any of his or her functions where necessary. 5. A prosecutor is the person who appears in court to present the case against you, if you have been charged with committing a criminal offence. 12. Work in pairs. Ask for an opinion using the phrases. Translate your dialogues. How do you feel about that/this? Do you have anything to say about this? What do you think (of)? Example: Fines, probation or imprisonment may be imposed on a convicted person. — Do you have anything to say about this? 1. QCs (short for Queen’s Counsel) are barristers and solicitors who have been in practice for at least ten years and are considered particularly talented and experienced.

2. High Court judges sit in the High Court and also hear the most serious cases in the Crown Court; there are just over 100 of them. 3. The most senior judge in the Civil Division of the Court of Appeal is called the Master of the Rolls; in the Criminal Division, the head is the Lord Chief Justice. 4. The Attorney-General and the Solicitor-General (together known as the Law Ofﬁcers) are both Government Ministers, though not members of the Cabinet. The Attorney-General is the main legal advisor to the Government (the Attorney-General at the time of the war in Iraq, for example, gave the Government advice on whether the war was legal under international law), and is responsible for important legal cases involving the Government, whether at home or abroad. 5. The accused or respondent is the person or a group of people who have been officially accused of a crime or offence in a court of law. 13. Work in pairs. State your opinion using the phrases. Translate your dialogues. (Personally,) I believe… From my point of view/viewpoint… (Personally,) I feel… As I see it… For all I know… As far as I can see, … Example: Fines, probation or imprisonment may be imposed on a convicted person. As I see it, it is very important (useful, interesting) to know for us. 1. There are six different categories of judge in the legal system, as well as magistrates, who, although they are lay people and not considered part of the judiciary, actually decide 95 percent of all criminal cases. 2. The 38 Lords and Ladies of Justices of Appeal sit in the Court of Appeal, they are referred to as, for example, Lord or Lady Justice Brown. 3. Becoming a QC is not, however, automatic — lawyers must apply for the title, and some apply several times before being granted it, while others never get it at all.

27 4. The Lord Chancellor is a Cabinet Minister, and the head of the Ministry of Justice, which is responsible for the courts, prisons, probation and constitutional affairs. He or she can be a member of either the House of Commons or the House of Lords. 5. The plaintiff, complainant, or applicant is the person who initiates the case in a non-criminal matter. 14. Work in pairs. Add new information from the text using the phrases. I’d like to add… I think… I have to say about this… Example: In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. Supreme Court Justices sit in the Supreme Court. There are 12 of them. They are referred to as, for example, Lord or Lady Brown. 2. Becoming a QC generally means a lawyer will be offered higher- paying work. 3. High Court judges spend some of their time ‘on circuit’, travelling around the regional courts, where they may, for example, hear Queen’s Bench Division cases or Family Division cases which would otherwise have to be held at the High Court in London. 4. There are four government legal ofﬁcers: the Lord Chancellor; the Attorney-General; the Solicitor-General; the Director of Public Prosecutions. 5. The tipstaff announces that the court is in session, administers oaths or affirmations to witnesses, looks after the jury, escorts jury members into the courtroom and into the jury room, and deals with any practical matters for the jury. Sometimes the role of the tipstaff is undertaken by a second associate. 15. Work in pairs. Speak to the following points. Use the phrases. 1. Two different types of lawyer: barristers and solicitors. 2. The different categories of judge in the legal system. 3. The four government legal ofﬁcers. 4. The other people involved in the court system.

3 Discuss PEOPLE IN THE LEGAL SYSTEM in your group. Act the Role-Play «Student’s conference».

3 Make a video interview «What do you know about PEOPLE IN THE LEGAL SYSTEM».

3 Make a Quiz «PEOPLE IN THE LEGAL SYSTEM».

29 UNIT 3. TYPES OF LAW IN THE UK 3 Warming-up exercises Read the following. Mind the difference in pronunciation: 1. I don’t know what Norman sought/saw. 2. They can seat/see Walter. 3. Did you have a good date/day? 4. Gordon’s going to bite/buy that pencil. 5. Did Thomas see her goat/go? 6. Where’s my belt/bell? 7. George’s cart/car was stolen. 8. I don’t know what August sought/saw in Flora. 9. It isn’t the date/day Theodore wants. 10. Paul’s going to bite/buy it. Mind the difference in pronunciation of the following words: 1. /eı/ — /æ/: grade — graduate, grateful — gratitude, nation — national, sane— sanity, state — static; 2. /i:/—/e/: meter — metric, serene — serenity, supreme — suprema- cy, equal — equity, to breathe — a breath; 3. /u/—/∧/: reduce — reduction, produce — production, consume — consumption, resume — resumption; 4. /aı/—/ı/: type — typical, Bible — Biblical, divine — divinity, pre- cise — precision, mine — mineral; 5. /ɔʊ/—/ɔ:/: sole — solitary, atrocious — atrocity, provoke — pro- vocative, diagnosis — diagnostic, microscope — microscopic, close — closet. Read the following. Mind the difference in pronunciation: 1. /f/ + /s, z/ 2. /f/ + /θ, ð/ 3. /θ/ + /s, z/ 4. /v/ + /θ, ð/ laughs math final health service live there enough sun fifth floor tenth season love them rough seas tough things south central of the eats fish cough then says things give thanks a nice fit breathe freely the girls think both voices clothes for off the maths

5. /v/ + /s, z/ 6. /ð / + /z, s/ 7. /θ/ + /θ, ð/ 8. /v/ + /z/ + /ð/ themselves sees them both shoes loves them leave silently plays those fourth shot lives there sees very well knows the wash them arrives then is vacant smooth sailing wish that saves these searches for goes through hopes she 3 Reading Laws are vital to society in every country and in Britain there are three main varieties of law at work — Statute Laws, European Laws and Common Law. Law is a system of binding rules that are enforceable on all people equally, usually through formal organizations such as courts and the police. The laws of a country are of vital importance since they shape politics, the economy and society in numerous ways. In Britain there are various types of laws but the three main varieties are Statute Laws, European Laws and Common Law. Statute Laws Statute Laws are those laws that are made by Parliament. Statute Laws can be made either directly, through the passing of Acts of Parliament, or indirectly, through the creation of Statutory Instruments that contain rules and regulations. Yearly, Parliament creates around one hundred laws through Acts of Parliament and creates around two thousand Statutory Instruments. Sometimes Parliament will pass a very general law and leave the relevant minister to fill in the details since that minister is often in the best position to do this. Delegating such lawmaking powers to ministers ensures expediency and efficiently in the lawmaking process since the Minister does not have to return to Parliament each time a change in circumstances result in the need for a change in law. Really, the delegation of these powers results in the ministers becoming lawmakers themselves. European Laws Britain joined the European Union in 1973 and, in doing so, agreed to be subject to European Community Laws. European Laws have direct effect within the legal systems of the countries that make up the European Union and actually override national laws in many cases, especially in terms of economic and social policy.

31 If Britain ever decided to withdraw from the European Union then European Community Laws would cease to be binding. Common Law England also has a body of law known as the Common Law which has developed over centuries from judgements given in courts. The Common Law has been hugely important in the development of the English legal system. For example, until 1861 there was no Statute Law criminalising murder. Murder had, however, always been considered a crime since courts had from the earliest times considered it to be grossly wrong and therefore obviously criminal. Common Law works through the system of Precedent. If a judge makes a decision in a case then other judges will usually follow the example that has been set and give a similar verdict in cases involving similar facts. If the decision of the first judge should happen to be overruled by a higher court, then subsequent judges would follow the decision of the higher court instead. The judge who makes the first decision effectively makes a law since his or her ruling will be followed in the future. Even in the case of Statute Laws the judges have a vital role to play since it is their task to interpret the laws made by Parliament. Since a judge can only look at what the law actually says, not what Parliament meant it to say, Parliament has to be incredibly careful when drafting new laws. (From: http://suite101.com/article/types-of-law-a54832 Types of Law in the UK Posted by Erin Britton on May 23, 2008)

3 Exercises 1. Consult the dictionary and write the transcription of the following words. Read and translate them. Vital, enforceable, politics, effect, various, Statute Laws, European Laws, Statutory Instruments, ensure, expediency, cease, precedent, verdict, subsequent, circumstances, withdraw. 2. Find in the text above the equivalents of the following words and word-combinations. Обязательный, существенное значение, правила и предписания, обладающий достаточными полномочиями, преобладать над, выхо- дить из состава, следовать примеру, разрабатывать проект закона.

3. Work in pairs. Express your agreement with the statement. Use the phrases. I'm exactly of the same opinion. I can't help thinking the same. I totally agree. I absolutely agree. I agree entirely with you. Example: Every citizen has the right to equal treatment before the law. — I'm exactly of the same opinion; every citizen has the right to equal treatment before the law. 1. In Britain there are various types of laws but the three main varieties are Statute Laws, European Laws and Common Law. 2. Statute Laws can be made either directly, through the passing of Acts of Parliament, or indirectly, through the creation of Statutory Instruments that contain rules and regulations. 3. Britain joined the European Union in 1973. 4. Common Law works through the system of Precedent. 4. Work in pairs. Express your disagreement with the statement using the phrases. As a matter of fact, I don't agree. I'm not sure, in fact. I'm not at all convinced. I'm afraid I entirely disagree with… I don't think that's right. I can't say I share your view. That's not my way of looking at it. I don’t agree with you at all. I totally disagree. Example: Magistrates don’t send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. — I'm afraid I entirely disagree with you, if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Statute Laws are those laws that are made by the judge. 2. If Britain ever decided to withdraw from the European Union then European Community Laws wouldn’t cease to be binding.

33 3. European Laws haven’t direct effect and don’t override national laws in many cases of economic and social policy. 4. Laws are vital to society in every country and in Britain the main law at work is the Statute Law. 5. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends. I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — It depends. A very small percentage of cases (about five per cent) are heard in the Crown Court. 1. Sometimes Parliament will pass a very general law and leave the relevant judge to fill in the details since that judge is often in the best position to do this. 2. The Common Law hasn’t been important in the development of the English legal system. 3. England also has a body of law known as the European Law which has developed over centuries from judgments given in courts. 4. Yearly, The Crown Court creates around one hundred laws through Acts of Parliament and creates around two thousand Statutory Instruments. 6. Work in pairs. Ask for instructions, clarification or repetition using the phrases. Shall I proceed? Shall I move on? Shall I continue? Shall I repeat? Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. Law is a system of binding rules that are enforceable on all people equally, usually through formal organizations such as courts and the police.

2. Delegating such lawmaking powers to ministers ensures expediency and efficiently in the lawmaking process since the Minister does not have to return to Parliament each time a change in circumstances result in the need for a change in law. 3. Britain joined the European Union in 1973 and, in doing so, agreed to be subject to European Community Laws. 4. Until 1861 there was no Statute Law criminalising murder. 7. Work in pairs. Use the phrases by interrupting. Add new information from the text. If I might add something… Sorry to interrupt, but… Sorry, go ahead. Sorry, you were saying… You didn't let me finish. I’d like to add… I think… I have to say about this… Can I add something here? Example: Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain. In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. The laws of a country are of vital importance since they shape politics, the economy and society in numerous ways. 2. Murder had always been considered a crime since courts had from the earliest times considered it to be grossly wrong and therefore obviously criminal. 3. If a judge makes a decision in a case then other judges will usually follow the example that has been set and give a similar verdict in cases involving similar facts. 4. Even in the case of Statute Laws the judges have a vital role to play since it is their task to interpret the laws made by Parliament.

35 8. Work in pairs. Ask for an opinion or state your opinion using the phrases. How do you feel about that/this? Do you have anything to say about this? What do you think (of)? (Personally,) I believe… From my point of view/viewpoint… (Personally,) I feel… As I see it… For all I know… As far as I can see… Example: Fines, probation or imprisonment may be imposed on a convicted person. — Do you have anything to say about this? — As I see it, it is very impotent (useful, interesting) to knew for us. 1. The ministers becoming lawmakers themselves. 2. If the decision of the first judge should happen to be overruled by a higher court, then subsequent judges would follow the decision of the higher court instead. 3. Since a judge can only look at what the law actually says, not what Parliament meant it to say, Parliament has to be incredibly careful when drafting new laws. 4. The judge who makes the first decision effectively makes a law since his or her ruling will be followed in the future. 9. Work in pairs. Speak to the following points. Use the phrases from tasks 1. 1. The main varieties of law at work in Britain. 2. Statute Laws. 3. European Laws. 4. Common Law 3 Discuss Types of Law in the UK in your group. Act the Role-Play «Student’s conference». 3 Make a video presentation «What do you know about the types of law in the UK». 3 Make a Quiz «Types of Law in the UK».

UNIT 4. HISTORY OF THE JUDICIARY. Part 1 3 Warming-up exercises Read the following. Mind the difference in pronunciation: Big — bick, time — dime, car — cart, ice — eyes, crow — grow, save — safe, cup — cub, bet — bed, plate — played, pick — pig, leaf — leave, proof — prove, teeth — teethe, loss — laws, rich — ridge, backs — bags, raced — raised, lift — lived, price — prize, raced — raised, lamp — lamb, felt — fell, short — shore, sent — send, lunch — lunge, bumps — bums, false — falls, heart — hard. Read the following. Mind the difference in pronunciation of vowels: 1. It was very hot in that hut. 2. Good luck opening that lock. 3. Those nuts are not very good. 4. Carrie caught the cat sleeping on the cot. 5. Judd picked a bag of cranberries in the bog. 6. Don’t cough into the cuff of your shirt. 7. The cop was wearing a black cap. 8. Everything in stock was stacked on the shelves. 9. Bob tapped the top of the jar. 10. The sun was so hot that Norman had to wear a hat. 11. What colour is Gordon’s collar? 12. The boss never takes the bus. Read the following. Mind the difference in pronunciation: 1. There’s a trunk/a drunk in a one-way street. 2. Victoria’s already crowing/growing. 3. Does Aubrey have no pride/bride? 4. Christopher’s found a land crab/grab. 5. Percy will try/dry it. 6. Serve the dish with pressed/breast meat and a green salad. 7. Earnest should praise/braise them. 8. The class/glass was large. 9. It was planned/bland. 10. Does Bert have any clue/glue? 11. They’re pleading/bleeding too much. 12. It’s an ugly plot/blot.

37 3 Reading Part 1 When you see a judge or magistrate sitting in court, you are actually looking at the result of 1,000 years of legal evolution. It’s doubtful that anyone asked to design a justice system would choose to copy the English and Welsh model. It’s contradictory in places, and rather confusing. However, the judiciary is still changing and evolving to meet the needs of the society, and despite its oddities it is widely regarded as one of the best and most independent in the world. Justice for the Anglo-Saxons and even after the Norman invasion of 1066 was a combination of local and royal government. Local courts were presided over by a lord or one of his stewards. The King’s court — the Curia Regis — was, initially at least, presided over by the King himself. Today, going on trial in an English and Welsh court is not exactly a comfortable experience. But it’s far better than trial by ordeal, used until almost the end of the 12th century to determine guilt or innocence in criminal cases. Under this system, the accused would be forced to pick up a red hot bar of iron, pluck a stone out of a cauldron of boiling water, or something equally painful and dangerous. If their hand had begun to heal after three days they were considered to have God on their side, thus proving their innocence. The number of ‘not guilty’ verdicts recorded by this system is not known. Another, extremely popular ‘ordeal’ involved water; the accused would be tied up and thrown into a lake or other body of water. If innocent, he or she would sink. There were two problems with this method, which was often used to try suspected witches: the accused was tied right thumb to left toe, left thumb to right toe, which made it almost impossible to sink; and opinion is divided as to whether those who did sink were fished out afterwards. William II (1087—1100) eventually banned trial by ordeal — reportedly because 50 men accused of killing his deer had passed the test — and it was condemned by the Church in 1216. Criminal and civil disputes could also be decided by trial by combat, with a win held to prove either innocence or the right to whatever property was being disputed. Either side could employ their own champions, so the system wasn’t perhaps as fair as it might be.

Trial by combat gradually fell into disuse for civil cases, although it wasn’t until someone involved in a dispute in 1818 tried to insist on it that it was realised this was still, technically, an option. Trial by combat was quickly banned, forcing litigants to rely on more conventional routes. During this period judges gradually gained independence from the monarch and the government. The very first judges, back in the 12th century, were court officials who had particular experience in advising the King on the settlement of disputes. From that group evolved the justices in eyre, who possessed a mixed administrative and judicial jurisdiction. The justices in eyre were not, to put it mildly, popular. In fact, they came to be regarded as instruments of oppression. The seeds of the modern justice system were sown by Henry II (1154—1189), who established a jury of 12 local knights to settle disputes over the ownership of land. When Henry came to the throne, there were just 18 judges in the country — compared to more than 40,000 today. In 1178, Henry II first chose five members of his personal household — two clergy and three lay — «to hear all the complaints of the realm and to do right». This, supervised by the King and «wise men» of the realm, was the origin of the Court of Common Pleas. Eventually, a new permanent court, the Court of the King’s Bench, evolved, and judicial proceedings before the King came to be seen as separate from proceedings before the King’s Council. In 1166, Henry issued a Declaration at the Assize of Clarendon (an assize was an early form of the King´s Council; the term later became the name for a sitting of a court). The Assize of Clarendon ordered the remaining non-King's Bench judges to travel the country — which was divided into different circuits — deciding cases. To do this, they would use the laws made by the judges in Westminster, a change that meant many local customs were replaced by new national laws. These national laws applied to everyone and so were common to all. Even today, we know them as the ‘common law’. The system of judges sitting in London while others travelled round the country became known as the ‘assizes system’. Incredibly, it survived until 1971. Changes evolved slowly; even in the middle of the 14th century, under Edward III, there could be close collaboration between the Court of

39 King’s Bench and the King’s Council. A third common law court of justice, the Court of Exchequer, eventually emerged as the financial business of the Royal Household was split off to a specialist group of officials. (to be continued) (From: History of the judiciary http://www.judiciary.gov.uk/about- the-judiciary/introduction-to-justice-system/history-of-the-judiciary) 3 Exercises 1. Consult the dictionary and write the transcription of the following words. Read and translate them. Doubtful, judiciary, the Curia Regis, guilty, ordeal, eyre, realm, clergy, Common Pleas, Council, The Assize of Clarendon, the Court of Ex- chequer. 2. Find in the text above the English equivalents of the following words and word-combinations: заседать в суде, противоречивый, находиться под контролем, испы- тание, установить виновность/невиновность, обвиняемый, доказать, приговор, подозревать, судить, запретить, признавать негодным, поеди- нок, собственность, справедливый, сторона в гражданском/судебном процессе, получить независимость, регулировать разногласия, мед- ленно видоизменяться. 3. Find in the text above the synonyms of the following words: puzzling, in spite of, considered, intrusion, to become the King/Queen, constant, cooperation, appear, separate. 4. Work in pairs. Express your agreement with the statement. Use the phrases. I quite agree. I agree with you. I think you are right. I think so too. That’s true. Example: Every citizen has the right to equal treatment before the law. — I'm exactly of the same opinion; every citizen has the right to equal treatment before the law.

1. The legal evolution has a 1,000 years history. 2. The judiciary is still changing and evolving to meet the needs of the society, and despite its oddities it is widely regarded as one of the best and most independent in the world. 3. Today, going on trial in an English and Welsh court is not exactly a comfortable experience. But it’s far better than trial by ordeal, used until almost the end of the 12th century to determine guilt or innocence in criminal cases. 4. In 1178, Henry II first chose five members of his personal household — two clergy and three lay — «to hear all the complaints of the realm and to do right». 5. A third common law court of justice, the Court of Exchequer, eventually emerged as the financial business of the Royal House- hold was split off to a specialist group of officials. 2. Work in pairs. Express your disagreement with the statement using the phrases. I don't agree. I disagree. You’re quite wrong about that. It’s out of the question. I don’t really think so. Sorry, that's not right. I'm afraid you are not quite right. I'm not sure you're right about… I'm sorry, but you must be mistaken. Example: Magistrates don’t send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. — I'm afraid I entirely disagree with you, if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Justice for the Anglo-Saxons and even after the Norman invasion of 1066 was а royal government. Local courts and The King’s court — the Curia Regis — were, initially at least, presided over by the King himself. 2. William II (1087—1100) eventually banned trial by ordeal — reportedly because 50 men accused of killing his deer had passed the test — and it was encouraged by the Church in 1216.

41 3. The seeds of the modern justice system were sown by Henry II (1154—1189), who established a court of 12 local knights to settle disputes over the ownership of land. When Henry came to the throne, there were just 18 Jury members in the country — compared to more than 40,000 today. 4. The very first jury, back in the 12th century, were court officials who had particular experience in advising the King on the settlement of disputes. 3. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends. I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — It depends. A very small percentage of cases (about five per cent) are heard in the Crown Court. 1. Criminal and civil disputes could also be decided by trial by combat, with a win held to prove either innocence or the right to whatever property was being disputed. Either side could employ their own champions, so the system wasn’t perhaps as fair as it might be. 2. The justices in eyre were not, to put it mildly, popular. In fact, they came to be regarded as instruments of oppression. 3. Eventually, a new permanent court, the Court of the King’s Bench, evolved, and judicial proceedings before the King came to be seen as separate from proceedings before the King’s Council. 4. Changes evolved slowly; even in the middle of the 14th century, under Edward III, there could be close collaboration between the Court of King’s Bench and the King’s Council. 4. Work in pairs. Ask for instructions, clarification or repetition using the phrases. Shall I proceed? Shall I move on? Shall I continue? Shall I repeat?

Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. Under Trial by ordeal the accused would be forced to pick up a red hot bar of iron, pluck a stone out of a cauldron of boiling water, or something equally painful and dangerous. 2. Trial by combat gradually fell into disuse for civil cases, although it wasn’t until someone involved in a dispute in 1818 tried to insist on it that it was realised this was still, technically, an option. 3. In 1166, Henry issued a Declaration at the Assize of Clarendon (an assize was an early form of the King´s Council; the term later became the name for a sitting of a court). 4. The system of judges sitting in London while others travelled round the country became known as the ‘assizes system’. Incredibly, it survived until 1971. 5. Work in pairs. Use the phrases by interrupting. Translate your dialogues. Can I add something here? If I might add something… Sorry to interrupt, but… Sorry, go ahead. Sorry, you were saying… You didn't let me finish. Example: Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain. 1. Another, extremely popular ‘ordeal’ involved water; the accused would be tied up and thrown into a lake or other body of water. If innocent, he or she would sink. 2. There were two problems with ‘ordeal’ involved water, which was often used to try suspected witches: the accused was tied right thumb to left toe, left thumb to right toe, which made it almost impossible to sink; and opinion is divided as to whether those who did sink were fished out afterwards.

43 3. Trial by combat was quickly banned, forcing litigants to rely on more conventional routes. 4. During this period (trial by combat) judges gradually gained independence from the monarch and the government. 6. Work in pairs. Ask for an opinion using the phrases. Translate your dialogues. How do you feel about that/this? Do you have anything to say about this? What do you think (of)? Example: Fines, probation or imprisonment may be imposed on a convicted person. — Do you have anything to say about this? 1. This, supervised by the King and «wise men» of the realm, was the origin of the Court of Common Pleas. 2. The Assize of Clarendon ordered the remaining non-King's Bench judges to travel the country — which was divided into different circuits — deciding cases. 3. From that group of court officials, who had particular experience in advising the King on the settlement of disputes, evolved the justices in eyre, who possessed a mixed administrative and judicial jurisdiction. 7. Work in pairs. State your opinion using the phrases. Translate your dialogues. (Personally,) I believe… From my point of view/viewpoint… (Personally,) I feel… As I see it, … For all I know, … As far as I can see, … Example: Fines, probation or imprisonment may be imposed on a convicted person. As I see it, it is very important (useful, interesting) to know for us. To decide cases, the non-King's Bench judges would use the laws made by the judges in Westminster, a change that meant many local customs were replaced by new national laws. These national laws applied to everyone and so were common to all. Even today, we know them as the ‘common law’.

1. Today, going on trial in the English and Welsh court is not exactly a comfortable experience. But it’s far better than trial by ordeal, used until almost the end of the 12th century to determine guilt or innocence in criminal cases. 2. Justice for the Anglo-Saxons and even after the Norman invasion of 1066 was a combination of local and royal governments. Local courts were presided over by a lord or one of his stewards. 3. Criminal and civil disputes could also be decided by trial by combat, with a win held to prove either innocence or the right to whatever property was being disputed. 8. Work in pairs. Add new information from the text using the phrases. I’d like to add, … I think… I have to say about this, … Example: In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. In 1166, Henry issued a Declaration at the Assize of Clarendon (an assize was an early form of the King´s Council; the term later became the name for a sitting of a court). 2. The system of judges sitting in London while others travelled round the country became known as the ‘assizes system’. 3. Local courts were presided over by a lord or one of his stewards. 9. Work in pairs. Speak to the following points. Use the phrases. 1. It’s doubtful that anyone asked to design a justice system would choose to copy the English and Welsh model. 2. Justice for the Anglo-Saxons. 3. Trial by ordeal. 4. Trial by combat. 5. A Declaration at the Assize of Clarendon. 3 Discuss history of the Judiciary in your group. Act the Role-Play «Student’s conference». 3 Make a Quiz «History of the Judiciary».

45 UNIT 5. HISTORY OF THE JUDICIARY. Part 2 3 Warming-up exercises Read the following. Mind the difference in pronunciation: Model: record, n — record, v Conduct, addict, protest, progress, permit, increase, conflict, desert, contract, object, subject, convict, defect, insult, present, produce, rebel, project, suspect Reduction of Unstressed Vowels -ate /ı/ (nouns and adjectives) climate, private, fortunate, accurate -ite definite, favorite, opposite, infinite -age garbage, beverage, cabbage, damage, marriage -ive active, aggressive, negative, repulsive -ace furnace, menace, palace, terrace -ice notice, office, apprentice, practice, promise -ine engine, determine, discipline, examine, famine, medicine -ous /ı/ or /э/ dangerous, jealous, fabulous, delicious, suspicious, religious -able /э/ memorable, comfortable, dependable -ible sensible, visible, accessible, irresistible -al metal, personal, identical, horizontal -ile fertile (AmE), fragile (AmE), missile (AmE), sterile (AmE) -cial social, special, artificial, commercial, partial, official -tial influential, partial -ain (nouns and adjectives) bargain, captain, mountain, curtain -on carton, lesson, Washington -tion condition, revolution, communication -sion conclusion, decision, permission

-gion region, religion -cian physician, musician, politician -tient patient -ance entrance, distance, importance, appearance -ence silence, difference, existence, residence -ar grammar, sugar, similar, peculiar -or major, colour, tailor, visitor -ure picture, nature, injure, furniture 1. Read the following. Mind the difference in pronunciation: photograph, photography, photografic, family, familiar, familiarity, competent, competitor, competition, diplomat, diplomacy, diplomatic, personal, personify, personality, democrat, democracy, democratic, tele- graph, telegraphy, telegraphic, politics, political, politician. 2. Read and translate the following. Mind the difference in stress: a ‘hot dog — a cooked sausage in a long round piece of bread a ‘hot ‘dog — a dog which is hot A ′ freeway — a ′ free ′ way, a ′ blue-bird — a ′ blue ′ bird, a ′ boardwalk — a ′ board ′walk, a ′ blue-bottle — a ′ blue ′ bottle, a ′ bluebell — a ′ blue ′ bell, a ′ blackboard — a ′ black board, a ′ white-board — a ′ white ′ board, an ′ English teacher — an ′ English ′ teacher, ′ washing machines — ′washing ′machines, ′playing cards — ′playing ′cards, the ′ White House — the ′ white ′ house, ′cheapskates — ′cheap ′skates, a ′ yellow-hammer — a ′ yellow ′ hammer, a ′dark-room — a ′dark ′ room, a ′greenhouse — a ′green ′ house, a ′red-coat — a ′red ′coat, ′ Red-brick — a ′red ′ brick, a ′green-fly — a ′green ′ fly, a ′ bottleneck — a ′ bottle ′neck, a ′ hotbed — a ′ hot ′ bed, a ′ red-tape — a ′red ′ tape. 3 Reading Part 2 Martin de Pateshull, Archdeacon of Norfolk and Dean of St Paul’s, became a Justice of the bench in 1217. By the time he died in 1229 he was known as one of the finest lawyers in England; even 60 years after his death, his judgments were being searched for precedents. Like Martin, many judges of this era were members of the clergy — although this did not necessarily mean they were parish priests,

47 performing services, weddings and christenings. In an era when the church was rich and the King poor, joining the clergy was often just seen as a sensible means of support. By the middle of the 13th century, knights had begun to join clerics on the bench. The first professional judges were appointed from the order of serjents-at-law. These were advocates who practised in the Court of Common Pleas. Lawrence de Brok, a serjeant, became a judge in 1268, starting the tradition, which lasted until 1875, of serjeants being the group from which judges were chosen. This was important, because it meant that the judiciary now had real professional experience of the law before moving on to the bench. Over the years, serjeants were overtaken in popularity by barristers and solicitors, and even today, these are the groups from which the judiciary is appointed. During this era bribes and payments were common, but even so, in the middle of the 13th century the judiciary was openly accused of corruption. In 1346, judges were obliged to swear that «they would in no way accept gift or reward from any party in litigation before them or give advice to any man, great or small, in any action to which the King was a party himself». Judicial salaries were also increased, possibly to make them less dependent on other forms of income. This didn’t always help: in 1350 the Chief Justice of the King’s Bench, William de Thorpe, was sentenced to death for bribery (he was later pardoned, but demoted). Meanwhile, a new type of court began to evolve — that which we now recognise as the magistrates’ court. Magistrates' courts hark back to the Anglo-Saxon moot court and the manorial court, but their official birth came in 1285, during the reign of Edward I, when ‘good and lawful men’ were commissioned to keep the King’s peace. From that point, and continuing today, Justices of the Peace have undertaken the majority of the judicial work carried out in England and Wales (today, about 95 per cent of criminal cases are dealt with by magistrates). Until the introduction of our modern system of councils in the 19th century, JPs also governed the country at a local level.

The 14th century saw members of the judiciary still involved in politics to some extent — for example, for ten years, Edward III’s Chancellors were common-law judges. In 1387, six judges advised Richard II that a parliamentary commission set up to limit his own powers was ‘invalid and traitorous’. They were all impeached and sentenced to death, although only one was actually executed; the rest were banished to Ireland. Unsurprisingly, for two centuries after this the judiciary kept almost entirely away from politics. During the turbulent 15th century — the Wars of the Roses — judges stood apart from both Royalists and parliamentarians, and were largely unaffected by the changes in government. From 1540 onwards, Henry VIII had no judges in his Privy Council. His son Edward VI and daughter Mary I did include judges on their own Privy Councils, but Elizabeth I excluded them for 40 years. In 1553, Mary I also removed three judges from office, but Elizabeth I made no changes on assuming the throne — although she did remove one later during her reign. The judiciary were becoming separate from the executive. Although it was generally accepted at this time that even the King was subject to the laws of the land, the Reformation added to the sovereign’s powers; the state had taken over the Church's privilege to define the laws of God, and had removed the influence of the Pope as the ultimate arbiter on Earth. So the King remained principal law-maker, with the judges as interpreters of that law; a potentially uneasy relationship. Meanwhile, by the Elizabethan and early Stuart periods, assize judges on the six circuits in England were mainly dealing with the most serious crimes not normally handled by the local Quarter Sessions, run by JPs. They also took a role in local administration, although this was much reduced following the English Civil War. On the face of it, the judiciary was becoming steadily more independent: in 1642, Charles I was forced to agree to the appointment of judges «during good behaviour», and their salaries were raised from under £200 to £1,000 a year in 1645. On the restoration of the monarchy in 1660, all judges — and there were just 12 at this point, four in each of the common law courts — remained in office.

49 But in 1668 the system of appointments «during pleasure» was reintroduced, and in the last 11 years of his reign Charles II sacked 11 of his judges. The next king, Charles’s brother James II, sacked 12 in just three years. This was bound to affect the quality of the judiciary: judges knew very well their jobs were at risk if the sovereign did not like their judgments. The day after the House of Commons resolved that James II had abdicated; a parliamentary committee drew up Heads of Grievances to be presented to the new King, William III. This document contained, among other things, items on paying judges’ salaries out of public funds, and preventing judges being removed or suspended from office, «unless by due cause of law». These grievances eventually appeared in much the same form in the Act of Settlement (1701) and have remained in place ever since (to be continued). (From: History of the judiciary http://www.judiciary.gov.uk/about-the- judiciary/introduction-to-justice-system/history-of-the-judiciary) 3 Exercises 1. Consult the dictionary, write the transcription of the following words and translate them. Archdeacon, clergy, christening, knights, serjeant, litigation, reign, Chancellor, invalid, Privy Council, executive, sovereign, judiciary, monarchy. 2. Find the definitions of the following words and word-combinations and use them in the examples of your own. To be appointed, precedent, parish priests, to be obliged, bribery, to hark back, to swear, traitorous, to be impeached, to be convicted, to ban- ish, assize judges, to sack, to abdicate, to prevent, to be suspended from office, grievances. 3. Fill in the preposition in the gaps. The words can be found in the text above. 1. As the light grew stronger, they searched … the man across the river. 2. They are frequently accused … theft. 3. He was currently free and had not been tortured or sentenced … a term of imprisonment. 4. It's the only way to deal … this man now.

5. I said he should not become involved … such things. 6. It was evident that this man stood apart … the others, and that they never ventured to address him without every sign of deep respect. 7. Trading also appeals to me because you're totally dependent … your own talents and abilities. 8. The worker was put … risk of injury or electrocution. 4. Work in pairs. Express your agreement with the statement. Use the phrases. Maybe you’re right. I tend to agree. Yeah, I would've thought so. I've always thought so too. Example: Every citizen has the right to equal treatment before the law. — I'm exactly of the same opinion; every citizen has the right to equal treatment before the law. 1. By the time Martin de Pateshull died in 1229 he was known as one of the finest lawyers in England; even 60 years after his death, his judgments were being searched for precedents. 2. By the middle of the 13th century, knights had begun to join clerics on the bench. 3. In 1346, judges were obliged to swear that «they would in no way accept gift or reward from any party in litigation before them or give advice to any man, great or small, in any action to which the King was a party himself». 4. In 1668 the system of appointments «during pleasure» was reintroduced, and in the last 11 years of his reign Charles II sacked 11 of his judges. The next king, Charles’s brother James II, sacked 12 in just three years. 5. Work in pairs. Express your disagreement with the statement using the phrases. I might have misunderstood you, but… You must have missed the point. No, that's all wrong. I'm afraid that's not quite so. No, not really. I see things rather differently myself. There's more to this than that.

51 Example: Magistrates don’t send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. — I'm afraid I entirely disagree with you, if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Judicial salaries were also decreased, possibly to make them less dependent on other forms of income. 2. In 1387, six judges advised Richard II that a parliamentary commission set up to limit his own powers was true and patriotic. 3. Dy the Elizabethan and early Stuart periods, assize judges on the six circuits in England were mainly dealing with the minor crimes not normally handled by the local Quarter Sessions, run by Jps. 4. The Heads of Grievances contained, among other things, items on paying judges’ salaries out of public funds, and promotion judges being removed or suspended from office, «unless by due cause of law». 6. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends. I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — It depends. A very small percentage of cases (about five per cent) are heard in the Crown Court. 1. Archdeacon of Norfolk and Dean of St Paul’s, became a Justice of the bench in 1217. 2. The first professional judges were appointed from the order of serjents-at-law. These were advocates who practised in the Court of Common Pleas. 3. Until the introduction of our modern system of councils in the 19th century, JPs also governed the country at a local level. 4. In 1553, Mary I also removed three judges from office, but Elizabeth I made no changes on assuming the throne — although she did remove one later during her reign.

7. Work in pairs. Ask for instructions, clarification or repetition using the phrases. Shall I proceed? Shall I move on? Shall I continue? Shall I repeat? Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. Like Martin, many judges of this era were members of the clergy — although this did not necessarily mean they were parish priests, performing services, weddings and christenings. 2. Lawrence de Brok, a serjeant, became a judge in 1268, starting the tradition, which lasted until 1875, of serjeants being the group from which judges were chosen. 3. During the turbulent 15th century — the Wars of the Roses — judges stood apart from both Royalists and parliamentarians, and were largely unaffected by the changes in government. 4. In an era when the church was rich and the King poor, joining the clergy was often just seen as a sensible means of support. 5. So the King remained principal law-maker, with the judges as interpreters of that law; a potentially uneasy relationship. 8. Work in pairs. Use the phrases by adding and interrupting. Translate your dialogues. Can I add something here? If I might add something… Sorry to interrupt, but… Sorry, go ahead. Sorry, you were saying… You didn't let me finish. Example: Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain.

53 1. The 14th century saw members of the judiciary still involved in politics to some extent — for example, for ten years, Edward III’s Chancellors were common-law judges. 2. The Serjeants being the group from which judges were chosen. This was important, because it meant that the judiciary now had real professional experience of the law before moving on to the bench. 3. From 1540 onwards, Henry VIII had no judges in his Privy Council. His son Edward VI and daughter Mary I did include judges on their own Privy Councils, but Elizabeth I excluded them for 40 years. 4. Judicial salaries were also increased but this didn’t always help: in 1350 the Chief Justice of the King’s Bench, William de Thorpe, was sentenced to death for bribery (he was later pardoned, but demoted). 9. Work in pairs. Ask for an opinion using the phrases. Translate your dialogues. What's your attitude to …? Would you like to add anything? Am I right? What about you? Example: Fines, probation or imprisonment may be imposed on a convicted person. — Do you have anything to say about this? 1. Over the years, serjeants were overtaken in popularity by barristers and solicitors, and even today, these are the groups from which the judiciary is appointed. 2. Justices of the Peace have undertaken the majority of the judicial work carried out in England and Wales (today, about 95 per cent of criminal cases are dealt with by magistrates). 3. On the restoration of the monarchy in 1660, all judges — and there were just 12 at this point, four in each of the common law courts — remained in office. 4. The day after the House of Commons resolved that James II had abdicated; a parliamentary committee drew up These grievances eventually appeared in much the same form in the Act of Settlement (1701) and have remained in place ever since.

10. Work in pairs. State your opinion using the phrases. Translate your dialogues. To my knowledge… I guess… At my best guess, … I’m convinced… I’m sure… I have no doubt. Example: Fines, probation or imprisonment may be imposed on a convicted person. As I see it, it is very important (useful, interesting) to know for us. During era bribes and payments were common, but even so, in the middle of the 13th century the judiciary was openly accused of corruption. 1. Magistrates' courts hark back to the Anglo-Saxon moot court and the manorial court, but their official birth came in 1285, during the reign of. 2. Edward I, when ‘good and lawful men’ were commissioned to keep the King’s peace. 3. Unsurprisingly, for two centuries after 1837 the judiciary kept almost entirely away from politics. 4. The judiciary was becoming steadily more independent: in 1642, Charles I was forced to agree to the appointment of judges «during good behavior», and their salaries were raised from under £200 to £1,000 a year in 1645. 11. Work in pairs. Add new Information from the Text using the phrases. I’d like to add, … I think… I have to say about this, … Example: In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. Meanwhile, a new type of court began to evolve — that which we now recognise as the magistrates’ court.

55 2. The six judges were all impeached and sentenced to death, although only one was actually executed; the rest were banished to Ireland. 3. Although it was generally accepted at this time that even the King was subject to the laws of the land, the Reformation added to the sovereign’s powers; the state had taken over the Church's privilege to define the laws of God, and had removed the influence of the Pope as the ultimate arbiter on Earth. 4. The system of appointments «during pleasure» was reintroduced and this was bound to affect the quality of the judiciary: judges knew very well their jobs were at risk if the sovereign did not like their judgments. 12. Work in pairs. Speak to the following points. Use the phrases. 1. Many judges of this era were members of the clergy. 2. The first professional judges. 3. The era of the bribes and payments. 4. Magistrates' courts and Justices of the Peace. 5. The judiciary was becoming separate from the executive. 6. The Heads of Grievances.

3 Discuss history of the Judiciary in your group. Act the Role-Play «Student’s conference».

3 Make a Quiz «History of the Judiciary».

UNIT 6. HISTORY OF THE JUDICIARY. Part 3 3 Warming-up exercises Stressed and Unstressed Suffixes Stressed Suffixes -ain (только глаголы) entertain, ascertain, maintain -ee employee, refugee, trainee -eer volunteer, engineer, career -ese Japanese, Portuguese, Chinese -ette cigarette, silhouette, cassette -esque picturesque, grotesque -ique technique, unique, antique The syllable before the suffix is stressed -ial memorial, trivial, proverbial -cial financial, artificial, commercial -tial essential, presidential, influential -ual intellectual, individual, visual -ian vegetarian, pedestrian, Canadian -cian physician, politician, mathematician -sian Parisian, Indonesian, Asian -ion opinion, companion, million -ssion profession, discussion, permission -sion conclusion, explosion, occasion -cient sufficient, efficient, deficient, ancient -tient impatient -ious curious, luxurious, mysterious -eous simultaneous, spontaneous, courteous -cious suspicious, delicious, conscious -tious ambitious, superstitious, cautious -geous advantageous, courageous

57 The table is continuing -gious religious -uous ambiguous, continuous, strenuous -ic fantastic, realistic, energetic -ical physical, classical, psychological -ity publicity, possibility, humidity -ify (verbs) classify, terrify, humidify -itive repetitive, infinitive, sensitive -itude attitude, solitude, ineptitude -logy biology, zoology, archeology -graphy geography, autobiography, photography The second syllable before the suffix is stressed -ate (verbs) operate, appreciate, exaggerate -ize (adjectives and nouns) delicate, unfortunate, certificate -ary (verbs) apologise, criticize, recognize secretary, contemporary, vocabulary The Exceptions -ee committee, coffee -ic Arabic, arithmetic, Catholic, lunatic, rhetoric, politics -ion television, intersection -ize regularize, characterize, hospitalize, personalize, naturalize -tary elementary, supplementary, documentary Read the following words: Business: blue chip shares, blueprint, board of trustees, blockbuster, bonanza, bootlegging, boondoggle, brain drain, bureaucracy, contestant, embargo, anonymous call, purchase, audience rapport, brochure, budget, negotiating strategy, innovate, bankrupt, consultancy. Trade marks: Coca-Cola, Nestle, Nurofen, Nutrasweet, Oddbins, Odo-Ro-No, AT&T, Cinzano, Marlboro, Smarties, Nescafe, Rowntree,

Levi Strauss, Channel, Colgate-Palmolive, Zanussi, Hermes, Timberland, Procter&Gamble, Mars, Unilever, Disney. Proper Names: Archimedes, Damocles, Demosthenes, Diogenes, Salieri, Hippocratic, Juno, Lothario, Muscovy, Mamara, Maharaja, Crete, Nagano, Naomi, Napoleon, Nefertiti, Nazareth, Nemo, O'Brien, Nobel prize, Nostradamus, Odyssey, Oedipus, Orpheus, Ovid, Paul, Don Quix- ote, Raphael, Pythagoras. Geography: Abidjan, Addis Ababa, Adriatic Sea, Aegean Sea, Afghanistan, Ala- bama, Alaska, Albania, Algeria, Al Kuwait, Alps, Amazon, Amsterdam, Amu Darya, Amur, Argentina, Arkansas, Bangladesh, Bahamas, Bahami- an, Baltic, Barbados, Barbarian, Belarus, Belarussian, Belgium, Belgian, Bermuda, Bermudan, Bhutan, Bhutanese, Bolivia, Bolivian, Bosnia and Herzegovina, Brazil, Brazilian, Brunei, Bruneian, Bulgaria Burma, Bel- fast, Burundi, Burundian, Berlin, Brussels, Budapest, Buckingham, Buf- falo, Calcutta, Caucasus, Cambodia, Cambodian, Cameroon, Came- roonian, Caribbean, Chad, Chadian, Chile, Chilean, China, Chinese, Co- lombia, Colorado, Congo, Congolese, Costa Rica, Costa Rican, Cyprus, Cypriot, Czech Republic, Denmark, Danish, Djibouti, Djiboutian, Domi- nica, Durham, Delhi, Ecuador, Ecuadorian, Edinburgh, Florida, Gibraltar, Greenwich, Houston, Niagara, New Jersey, Kentucky, Klondike, Kabul, Lebanon, Monaco, Malta, Neapolis, Oslo, Persia, Portugal, Ruhr, Serbia, Stockholm, Toronto, Tartar, Thames, Texas, Turkey, Sahara, Vancouver, Venice, Warsaw, Waterloo, Uruguay, Yarmouth. Варианты передачи русских согласных и гласных на английском языке -тьева — tyeva, ж — zh, Zhykov; ш — sh, Sholokhov; ч — tch, ch, Chekhov, Tchaikovsky, Cheboksary, щ — shch, ы — y, Bykov; х — kh, Kharkov; я — ya, Yalta высшая школа — vysšaya skola, Московские новости — Moskovskiye Novosti, Толстой — Tolstoy, Достоевский — Dostoevski, Dostoevsky, Dostoyevski, Dostoyevsky, Трахтеров — Trakhterov, Торсуев — Torsyev, Васильев — Vassilyev, Vasilyvev, Щерба — Shcherba, Черномырдин — Chernomyrdin, Ястржемский — Yastrzhembsky, Вайнштейн — Vainshtein, Нуриев — Nureyev, Гуляева — Gouliaeva, Gulyaeva, Хан — Khan, Городецкая -—

59 Gorodetskaya, Костюк — Kostiuk, Людмила — Ludmila, Lyudmila, Сергей — Sergei, Татьяна — Tatyana, Тольятти — Togliatti, ба- бушка — babushka, Бабий Яр — Babi Yar, дача — dacha

3 Reading Part 3 Mirroring developments in the role and independence of judges were changes to the avenues of redress open to aggrieved parties. The common law system was an improvement on what had gone before, but it was still slow, highly technical — making procedural mistakes that could ruin a case all too likely — and vulnerable to corruption, especially when juries were used. Fortunately, those who felt they had been failed by the common law system could still petition the King with their grievances. Gradually, these cases were delegated to the King’s council, and eventually to one individual — the Lord Chancellor. Because of this, the Lord Chancellor came to be known as the ‘King’s conscience’, and began to preside over his own court, the Court of Chancery. This dealt only with civil disputes, for example property and contract cases, and applied the law of equity — even-handedness or fairness. By the time of Henry VIII, the Court of Chancery had become a rival to the common law courts. But as the years went by, the Court of Chancery began to be known for the same problems it had been set up to combat: expense and delay. Also, the Lord Chancellor was free to give whatever ruling he liked in a Chancery court, unbound by the law — which made it almost impossible for lawyers to advise their clients correctly. It was not until 1830 that there was any change to the nearly 300-year- old assize courts. By the Law Terms Act of that year, the Court of Great Sessions was abolished and the Welsh counties and Chester were brought into the general circuit system. Shortly afterwards, the new Central Criminal Court was set up, unifying the administration of justice in London and surrounding areas. In 1856, judges of the Central Criminal Court were also given the right to hear cases outside the court’s ordinary jurisdiction, to ensure a fair trial where local prejudice existed or when it could offer an early trial and so avoid the delay involved in waiting for the next assizes.

County courts, dealing with civil cases, were created under the County Courts Act 1846. In 1873, Parliament passed the Judicature Act which merged common law and equity. Although one of the Divisions of the High Court is still called Chancery, all courts could now administer both equity and common law — with equity to reign supreme in any dispute. The same Act established the High Court and the Court of Appeal and provided a right of appeal in civil cases to the Court of Appeal. Criminal appeal rights remained limited until the establishment of a Court of Criminal Appeal under the Criminal Appeal Act 1907. The Court of Criminal Appeal sat for nearly 60 years, until its existence as a separate body was ended by the Criminal Appeal Act 1966. Its jurisdiction passed to the Court of Appeal. Crown Courts as we know them today were not actually established until 1956, and then only in Liverpool and Manchester. These courts also took over the quarter sessions work in their cities. The Royal Commission on Assizes and Quarter Sessions, 1966— 1969, led to the abolition of courts of assize and quarter sessions and the establishment of a new Crown Court to deal with business from both, under the terms of the Courts Act 1971. Hundreds of years of evolution may have resulted in an independent judiciary — but that doesn’t mean they were entirely separated from government. Chief Justice Lord Mansfield was in the Cabinet between 1757 and 1765, for example and more recently Lord Cave was Home Secretary for a couple of months at the end of the First World War when he was also a serving Lord of Appeal in Ordinary, or Law Lord. And until 2006, the Lord Chancellor was part of the executive, the legislature and the judiciary. The Lord Chancellor’s role changed drastically on April 3 2006 as a result of the Constitutional Reform Act 2005. This latest major change to affect the judiciary has been described as the most significant since Magna Carta. The Act establishes the Lord Chief Justice as President of the Courts of England and Wales and Head of its Judiciary, a role previously performed by the Lord Chancellor. For the first time an express statutory duty is placed on the Lord Chancellor and other Ministers of the Crown to protect the independence of the judiciary. For the first time in its 1,000-year history, the judiciary is officially recognised as a fully independent branch of the government.

61 (From: History of the judiciary http://www.judiciary.gov.uk/about-the- judiciary/introduction-to-justice-system/history-of-the-judiciary) 3 Exercises 1. Consult the dictionary and find the pronunciation of the following words: Procedural, technical, grievances, council, conscience, Court of Chan- cery, to ensure, executive, legislature, statutory, judiciary. 2. Find the definitions of the following words and word-combinations and use them in the examples of your own. Improvement, to be vulnerable to, to petition, to preside over, a rival, to be abolished, to provide, to affect, to protect. 3. Translate from Russian into English. Передавать дела, частная собственность, право справедливости, несвязанный, справедливый суд, слушать дело, избегать, граждан- ские дела, основывать, отделять, радикально изменились. 4. Work in pairs. Express your agreement with the statement. Use the phrases. Translate your dialogues. Maybe you’re right. Perhaps. I tend to agree. Yeah, I would've thought so. I've always thought so too. Example: Every citizen has the right to equal treatment before the law. — I'm exactly of the same opinion; every citizen has the right to equal treatment before the law. 1. The common law system was an improvement on what had gone before, but it was still slow, highly technical — making procedural mistakes that could ruin a case all too likely — and vulnerable to corruption, especially when juries were used. 2. By the time of Henry VIII, the Court of Chancery had become a rival to the common law courts. 3. Also, the Lord Chancellor was free to give whatever ruling he liked in a Chancery court, unbound by the law — which made it almost impossible for lawyers to advise their clients correctly.

4. In 1856, judges of the Central Criminal Court were also given the right to hear cases outside the court’s ordinary jurisdiction, to ensure a fair trial where local prejudice existed or when it could offer an early trial and so avoid the delay involved in waiting for the next assizes. 5. Work in pairs. Express your disagreement with the statement using the phrases. I'm afraid I entirely disagree with… That's not my way of looking at it. I don’t agree with you at all. I totally disagree. You’re quite wrong about that. It’s out of the question. I don’t really think so. Sorry, that's not right. Example: Magistrates don’t send a case to the Crown Court if they feel they do not have the power to set a sentence as severe as the crime deserves. — I'm afraid I entirely disagree with you, if Magistrates feel they do not have the power to set a sentence as severe as the crime deserves, they send a case to the Crown Court. 1. Some of the cases were delegated to the King’s council, and eventually to one individual — the Lord Chancellor. 2. In 1873, Parliament passed the Judicature Act which divided common law and equity. 3. By the Law Terms Act of 1830, the Court of Great Sessions was enacted and the Welsh counties and Chester became independent. 4. Until 2006, the Lord Chancellor was part of the executive only. 6. Work in pairs. Express your hesitation over the statement using the phrases. I neither agree nor disagree. It depends. I'm in two minds about that. It’s hard to say. Example: All cases are heard in the Crown Court. — It depends. A very small percentage of cases (about five per cent) are heard in the Crown Court.

63 1. Mirroring developments in the role and independence of judges were changes to the avenues of redress open to aggrieved parties. 2. Chief Justice Lord Mansfield was in the Cabinet between 1757 and 1765, for example and more recently Lord Cave was Home Secretary for a couple of months at the end of the First World War when he was also a serving Lord of Appeal in Ordinary, or Law Lord. 3. Hundreds of years of evolution may have resulted in an independent judiciary — but that doesn’t mean they were entirely separated from government. 4. The Court of Criminal Appeal sat for nearly 60 years, until its existence as a separate body was ended by the Criminal Appeal Act 1966. 7. Work in pairs. Ask for instructions, clarification or repetition using the phrases. Shall I proceed? Shall I move on? Shall I continue? Shall I repeat? Could you explain to me (the difference between A and B)? What's the difference between A & B? Example: The jury listen to the evidence presented during the trial and decide if the defendant is guilty of the crime. — Could you explain to me again, what the task of the jury is? 1. Fortunately, those who felt they had been failed by the common law system could still petition the King with their grievances. 2. County courts, dealing with civil cases, were created under the County Courts Act 1846. 3. Although one of the Divisions of the High Court is still called Chancery, all courts could now administer both equity and common law — with equity to reign supreme in any dispute. 4. Criminal appeal rights remained limited until the establishment of a Court of Criminal Appeal under the Criminal Appeal Act 1907. 8. Work in pairs. Use the phrases by Adding and Interrupting. Translate your dialogues. Can I add something here?

If I might add something… Sorry to interrupt, but… Sorry, go ahead. Sorry, you were saying… You didn't let me finish. Example: Fines, probation or imprisonment may be imposed on a convicted person. — Sorry to interrupt, but there is a mandatory sentence of life imprisonment for murder throughout Britain. 1. The Lord Chancellor came to be known as the ‘King’s conscience’, and began to preside over his own court, the Court of Chancery. This dealt only with civil disputes, for example property and contract cases, and applied the law of equity — even-handedness or fairness. 2. The Judicature Act 1873 established the High Court and the Court of Appeal and provided a right of appeal in civil cases to the Court of Appeal. 3. The Royal Commission on Assizes and Quarter Sessions, 1966— 1969, led to the abolition of courts of assize and quarter sessions and the establishment of a new Crown Court to deal with business from both, under the terms of the Courts Act 1971. 4. The Lord Chancellor’s role changed drastically on April 3 2006 as a result of the Constitutional Reform Act 2005. 9. Work in pairs. Ask for an opinion using the phrases. Translate your dialogues. Do you have anything to say about this? What do you think (of)? Wouldn't you say? Do you agree? Would you like to add anything? Example: Fines, probation or imprisonment may be imposed on a convicted person. — Do you have anything to say about this? 1. Аs the years went by, the Court of Chancery began to be known for the same problems it had been set up to combat: expense and delay. 2. Crown Courts as we know them today were not actually established until 1956, and then only in Liverpool and Manchester. These courts also took over the quarter sessions work in their cities.

65 3. The Lord Chancellor’s role changed drastically on April 3 2006 as a result of the Constitutional Reform Act 2005. It has been described as the most significant since Magna Carta. 4. For the first time in its 1,000-year history, the judiciary is officially recognised as a fully independent branch of the government. 10. Work in pairs. State your opinion using the phrases. Translate your dialogues. As I see it, … For all I know, … As far as I can see, … I guess… At my best guess, … I’m convinced Example: Fines, probation or imprisonment may be imposed on a convicted person. As I see it, it is very important (useful, interesting) to know for us. It was not until 1830 that there was any change to the nearly 300-year- old assize courts. 1. Тhe new Central Criminal Court was set up, unifying the administration of justice in London and surrounding areas. 2. The Act establishes the Lord Chief Justice as President of the Courts of England and Wales and Head of its Judiciary, a role previously performed by the Lord Chancellor. 3. The jurisdiction of the Criminal Appeal Act 1966 passed to the Court of Appeal. 11. Work in pairs. Add new Information from the Text using the phrases. I’d like to add, … I think… I have to say about this, … Example: In the majority of cases the defendants plead guilty to the charges against them. — I have to say about this, where the defendant pleads not guilty, the role of the court is to try the case and decide if the accused is guilty or not guilty. 1. For the first time an express statutory duty is placed on the Lord Chancellor and other Ministers of the Crown to protect the independence of the judiciary.

2. Chief Justice Lord Mansfield was in the Cabinet between 1757 and 1765. 3. In 1856, judges of the Central Criminal Court were also given the right to hear cases outside the court’s ordinary jurisdiction, to ensure a fair trial. 4. By the Law Terms Act of 1830, the Court of Great Sessions was abolished and the Welsh counties and Chester were brought into the general circuit system.

3 Discuss history of the Judiciary in your group. Act the Role-Play «Student’s conference».

3 Make a Quiz «History of the Judiciary».

3 Make a video interview «History of the Judiciary».

67 ПРИЛОЖЕНИЯ Рекомендации по созданию фильма 1. Приступая к работе над проектом по созданию фильма, прежде всего ознакомьтесь с этапами предстоящей деятельности. Этап 1 Выбор темы проекта и обсуждение ее раз- вития, распределение ролей и зон ответст- венности каждого участника, а также сро- ков выполнения промежуточных операций Этап 2 Подготовка концепции речевого портрета своего персонажа; анализ особенностей речевого поведения героев фильмов; тренировка возможных ситуаций речевого общения (согласие, воз- ражение, переспрос, уточнение и так далее) с учетом выбранного речевого портрета; написание сценария будущего фильма Этап 3 (технический) Съемка и монтаж фильма Этап 4 Поведение итогов и рефлексия 2. На 1-м этапе определяется состав действующих лиц будущего фильма, распределяются роли и обязанности, составляется план сценария и определяются сроки выполнения для каждого этапа. 3. На 2-м этапе тщательно продумайте содержание своих вы- сказываний и их логическую последовательность, реакцию на реплики других участников речевой ситуации, прагматиче- скую установку (цель) и невербальные средства передачи информации (жесты, поведение). Перед вами стоит задача проанализировать речь своих персонажей с точки зрения фо- нетических, лексических и грамматических особенностей. Так, например, орфоэпические ошибки, фонетический эллипсис, неправильное словоупотребление и грамматические ошибки могут свидетельствовать о необразованности изображаемого персонажа; использование профессионального сленга говорить о роде его занятий; сильный акцент — о той или иной на-

циональной принадлежности; а бедность вокабуляра, обилие в речи жаргонизмов, вульгаризмов, обесцененной и другой сти- листически сниженной лексики — о социальном статусе. Все эти особенности необходимо учитывать при создании рече- вого портрета преступника. С другой стороны, тщательное со- блюдение языковых и функционально-стилистических норм тоже может использоваться для создания речевого портрета. Известно, что преступления часто совершаются образованны- ми людьми, занимающими высокое положение в обществе, сле- довательно, эти герои обладают совершенно иной манерой го- ворения (правильная с грамматической и стилистической точки зрения речь, скрытая тонкая ирония, разнообразный словар- ный запас и интонационное оформление и т. д.). Анализу под- вергаются также реплики представителей закона (рядовых по- лицейских и следователей), которые могут говорить достаточ- но правильно в ситуациях логических рассуждений или обще- ния с образованными собеседниками, но в динамичных сценах слежки или преследования преступника их речь становится бедной в лексическом, грамматическом и синтаксическом отно- шении, а также интонационно однообразной. Речь представи- телей судебной системы (судьей, адвокатов, прокуроров) также имеет свои отличительные особенности: высокая степень клиши- рованности, официальный стиль, нейтральная интонация и т. д. 4. Затем следует написание сценария будущего фильма (с учетом уже разработанных речевых портретов персонажей), создание его подробной поминутной раскадровки, а также обсуждение, где и когда будет использоваться нарратив (описание), спец- эффекты, переходы, музыка, видео, заголовки, титры, фото, звуки. За основу берется полный текст (все, что будет звучать в фильме в кадре и за кадром), к которому добавляются фото- и видеоэлементы, заголовки и титры. Полученные части соеди- няются переходами и спецэффектами, в последнюю очередь добавляется музыка и звуковые эффекты. 5. Прежде чем приступить к съемке и монтажу, готовый сцена- рий и покадровый план представляется преподавателю. На этом этапе распределите между собой функции и обязанности и уста- новите сферу ответственности каждого участника съемочного

69 процесса. Это требует предварительного обсуждения и согла- сования, поскольку выполнение различных функций требует различных навыков и личностных качеств. 6. Третий (технический) этап проекта включает в себя съемку видеофильма, запись голоса (озвучание) и монтаж отснятого материала. Приступая к работе, в первую очередь проверьте все виды, места и объекты на предмет их готовности. При этом нужно уделять особое внимание вопросам безопасности и при необходимости получать предварительное разрешение. При вы- боре места съемки очень важно учитывать уровень шума, поскольку от этого зависит качество конечного звука, а также планировать график работы в зависимости от степени осве- щенности места или объекта в разное время суток. 7. Заранее составьте памятку для участников проекта, где бу- дет указана следующая информация: полный список участни- ков и их контактные телефоны, адреса всех мест и объектов съемок, карты и схемы проезда, время встреч, необходимая аппаратура, реквизит и костюмы. После записи видеоматериа- ла или одновременно с ней необходимо подготовить аудио- файлы для озвучивания будущего фильма и обработать их в аудиоредакторе, чтобы улучшить качество. 8. После завершения съемок и записи голосовых файлов можно приступать к сведению воедино разрозненных элементов бу- дущего фильма. Сначала выполняется предварительный мон- таж, т. е. согласно раскадровке соединяются видео-, аудио-, фотоматериалы и титры. Если необходимо внести поправки в сценарий и изменить порядок элементов, это удобнее всего сделать на стадии предварительного монтажа. 9. После согласования результатов предварительного монтажа можно приступать к окончательному монтажу, в процессе ко- торого мультимедийные элементы соединяются переходами, добавляются спецэффекты, звуковые эффекты, музыка. Для экономии времени и усилий следует заранее подобрать необ- ходимое программное обеспечение (аудио-, фото- и видеоре- дакторы, программы для конвертирования разных типов фай- лов, программы для создания субтитров) и совместимые запи- сывающие устройства.

10. Для создания фильма вам требуется определенная техниче- ская база и навыки работы с современными технологиями. Поиск информации, используемой в качестве основы для буду- щего фильма, осуществляется с использованием информацион- ных ресурсов сети Интернет (поисковые системы, онлайн-биб- лиотеки, сайты иностранных организаций и правительствен- ных органов, видеосервис YouTube и т. д.). Запись видео-фильма производится на цифровую видеокамеру с возможностью со- хранения данных на флеш-карту (например, Panaconic VDR-D50, Panasonic SDR-S9 или аналогичные модели). Для окончатель- ного монтажа отснятого материала необходимо специализиро- ванное программное обеспечение: приложение Adobe Premiere (версии 8 и выше — для начинающих пользователей), VirtualDub (для «продвинутых» пользователей), а также программу-редак- тор цифрового аудио Sound Forge. Две последние програм- мы требуют тщательного изучения, но при этом позволяют осу- ществлять обработку видео и звука на уровне, близком к про- фессиональному. Основным преимуществом приложения Adobe Premiere является его доступность и простота в использовании, эта программа позволяет осуществлять монтаж видеоизображе- ния, накладывать на основное изображение несложные визуаль- ные эффекты и видеоряд. Особое внимание нужно обратить на соблюдение авторских прав и использовать только лицен- зионное программное обеспечение либо бесплатные програм- мы, доступные на официальных сайтах.

Grammar Materials Some/any/no Some — somebody — something — somewhere. Any — anybody — anything — anywhere. No — nobody — nothing — nowhere. There is something in the box. Is there anything in the box? There is nobody in the room. I want to go somewhere.

71 Plural of Nouns 1. + s /es — sh x ch s ss z 3. Исключения: Исключения: Man — men Roof — roofs Cats, wishes, foxes, Woman — women Chief — chiefs benches buses glasses Foot — feet Handkerchief — buzzes Tooth — teeth handkerchiefs S [s], [z] Goose — geese 5. O — +es Books Mouse — mice Tomatoes, potatoes Pets Louse — lice Исключения: Dogs Ox — oxen Сокращения +s Games Child — children Kilos, photos, autos… Boys 4. F, -fe — ve+s Музыкальные 2. y — ies /y+s Wife — wives инструменты: pianos, Family — families Wolf — wolves cellos Lady — ladies Knife — knives Гласная перед -o Boy — boys Leaf — leaves Videos, radios и др. Day — days Life — lives

Possessives of nouns Единственное число ‘s: the dog’s S’s house, mother’s dress Dickens’s books Множественное число s’: dogs’ Mary and John’s son houses, my sisters’ toys Mary’s and John’s houses В исключениях — ‘s: children’s toys Of The roof of the house Always plural: jeans, trousers, The day of the week pyjamas, scissors, glasses, Always singular: news, hair, police, clothes, people. knowledge, information, advice, (furniture, bread, milk…), money

The Present Simple Tense V или V + s/es I get up at 7 o’ clock. He gets up at 7 o’ clock. Do you get up at 7 o’ clock? I don’t get up at 7 o’clock. (do not) Does he get up at 7 o’ clock? She doesn’t get up at 7 o’ clock. Why do you get up at 7 o’ clock? (does not) When does he get up at 7 o’ clock? 1. Действие совершается постоянно: always, often, seldom, every day, sometimes, as a rule. I often go to the cinema. She plays tennis every week. 2. Общеизвестные факты, законы природы: Water boils at 100. Winter comes after autumn. 3. Действие по расписанию The next train arrives at 7 o’clock. Does she do morning exercises The concert begins at 5. every day? She does morning exercises She doesn’t do morning exercises every day. every day.

The Present Continuous Tense Is/ are/ am +V + ing He is sleeping. I’m not sitting. We are playing. Is he sleeping? I am sitting. Are we playing? He isn’t sleeping. Where is he sleeping? 1. Действие совершается в момент речи: now, at the moment, look! Hear! She is working in the garden now. Look! The sun is shining! I am writing a letter at the moment.

73 2. Постепенно изменяющаяся ситуация: It is getting dark. My English is getting better. 3. Для обозначения ближайшего будущего: I am leaving for Moscow tomorrow. My sister is getting married on the 3d of September. 4. Временная ситуация I am reading a very interesting book. My sister is living with us, until she finds a flat. Не употребляются в Continuous Want: I want ice-cream now. Love, hate, know, seem: He seems to be sad. Remember, belong to, understand, need, hear, believe.

Modal Verbs 1. Самостоятельно образуют вопросы и отрицания. 2. Употребляются без окончаний. 3. Не употребляется to. Can — мочь, уметь. He mustn’t go there. I can play the piano. Needn’t — не должен Can you play the piano? (нет необходимости) I cannot (can’t) play the piano. He needn’t come at 5. He can swim. May — можно Must — должен, обязан. May I go out? — Yes, you may. You must be at school at 8.30. I am afraid, not. He must come at 7 o’clock. You may go for a walk. Must I learn a poem by heart? You may stay here. Must not — mustn’t — нельзя Can I take your book? (строгий запрет) May I take your book? — Children mustn’t play with matches. более вежливо

Types of Questions: 1. Yes/no-question You are a student, aren’t you? Are you a student? He isn’t at home, is he?

Do you live in Moscow? We go to school, don’t we? Have you got a cat? She has got a cat, hasn’t she? 2. Wh-questions We don’t go to school, do? Where are your parents? 4. Alternative (OR) questions When do you get up? Are you a teacher or a doctor? My mother works in the office. Do you live in the city or Who works in the office? in the country? 3. Tag-questions

Degrees of Comparison of Adjectives 1. -er, the …est Односложные плюс 3. Исключения двухсложные на -er, -y, -ow good — better — the best strong — stronger — the strongest bad — worse — the worst nice — nicer — the nicest much– more — the most happy — happier — the happiest many — more — the most clever — cleverer — the cleverest little — less — the least narrow — narrower — than — чем the narrowest in — в 2. more, the most of — из modern — more modern — She is stronger than her brother. the most modern She is the cleverest girl in our class. difficult — more difficult — the most difficult.

The Past Simple Tense V+ed/ V2 + I watched TV yesterday. We played football last Sunday. — did + not (didn’t) I didn’t watch TV yesterday. We didn’t play football last Sunday.

75 I didn’t buy a car last summer. We didn’t see our friends two days ago. ? did Did you see him yesterday? Where did you see him yesterday? Did they play tennis last Sunday? ed — [d] после звонких и гласных: played, moved, loved. ed — [t] после глухих согласных: watched, washed, wished. ed — [id] после d/t wanted, repeated. Неправильные глаголы: Take — took See — saw Spend — spent Come — came Give — gave Buy — bought Read — read Bring — brought She read a book. Have — had Hear — heard I bought a car last summer. We saw our friends two days ago. We spent our holidays on the beach. 1. Действие совершилось в прошлом и указано время его совер- шения: yesterday, last week/month/year, days/weeks/years ago, in 2001, the day before yesterday. We moved to a new flat two years ago. My sister lived in Moscow in 2007. 2. Указано место совершения действия I saw him in the library. My parents got married in Moscow. 3. Цепочка действий I came home, had supper and we watched TV.

The Future Simple Tense Will + V I will buy a new car next year. Will you play football on Monday? Don’t bother the dog. It’ll bite you.

I will not (won’t) go there Сравните: Nick is moving (I think, I hope, probably, to a new flat on Monday. I am sure, I believe, perhaps) I am going to visit my granny I think he will come. on Sunday. I will write you every day. The sky is dark. It is going to rain.

The Present Perfect Tense Have/has + Ved/V3 1. Действие совершилось в прошлом, неизвестно время его со- вершения: already, just, ever, never, yet (?/-), lately, recently, so far, since, for. I have seen this film. 2. Важен результат совершения действия. He is tired. He has done a lot of work.

The Past Continuous Tense Was/were + ing She was playing tennis at 5 o’clock yesterday. She was not playing tennis at 5 o’clock yesterday. Was she playing tennis at 5 o’clock yesterday? 1. Действие совершалось в определенное время в прошлом She was washing her car at 6 o’clock yesterday. 2. Одно действие в прошлом прерывается другим действием She was eating her breakfast when he came. 3. Два действия в прошлом совершались одновременно: Mary was washing dishes while her husband was cooking dinner.

The Past Perfect Tense Had + V ed/V3 He had typed 10 letters by 5 o’clock yesterday. He hadn’t typed any letters by 5 o’clock yesterday. Had he typed 10 letters by 5 o’clock yesterday? 1. Действие в прошлом совершилось к определенному моменту (by). He had finished his work by 6 o’clock yesterday. 2. Действие в прошлом совершилось до другого действия в прош- лом. When we came to the cinema the film had already begun.

77 Passive Voice Be + Ved/V3 I repair my car once a year My car is repaired once a year I repaired my car a week ago. My car was repaired a week ago. I will repair my car next week. My car will be repaired next week. I am repairing my car now. My car is being repaired now. I was repairing my car when my sister came. My car was being repaired when my sister came. I have repaired my car. My car has been repaired. I had repaired my car by 10 o’clock yesterday. My car had been repaired by 10 o’clock yesterday. I must repair my car. My car must be repaired. I am going to repair my car. My car is going to be repaired.

Reported Speech Прямая речь Косвенная речь He said: «I live in Moscow». He said, that he lived in Moscow. Present Simple Past Simple He said: «I lived in Moscow He said, that he had lived in December». in Moscow in December. Past Simple Past Perfect He said: «I will come». He said, that he would come. Future Simple Future-in-the Past

He said: «I am playing tennis now». He said, that he was playing tennis. Present Continuous Past Continuous He said: «I was playing tennis». He said, that he had been playing tennis. Past Continuous Past Perfect Continuous He said: «He has done a lot of work». He said, he had done a lot of work Present Perfect Past Perfect He said: «I’m going to the Zoo». He said, he was going to the Zoo. I’m going was going can could may might Must Must/had to Have/has had Now Then Today That day Yesterday The day before Tomorrow The following day This/these That/those

79 Учебное издание

Абрамова Ирина Евгеньевна Шерехова Ольга Михайловна Шишмолина Елена Петровна

LAW IN THE UNITED KINGDOM Учебное пособие для студентов юридического факультета

Корректор Т. В. Климюк Художественный редактор А. С. Авласович

Подписано в печать 24.12.13. Формат 60×84 1/16. Бумага офсетная. 3,8 уч.-изд. л. Тираж 100 экз. Изд. № 232 Федеральное государственное бюджетное образовательное учреждение высшего профессионального образования ПЕТРОЗАВОДСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ Отпечатано в типографии Издательства ПетрГУ 185910, г. Петрозаводск, пр. Ленина, 33