Росдистант. Иностранный язык в сфере юриспруденции 1. UNIT 1,2,3. Практические задания.

Росдистант. Иностранный язык в сфере юриспруденции 1. UNIT 1,2,3. Практические задания.

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ОБЯЗАТЕЛЬНО ВИДОИЗМЕНЯЙТЕ ОФОРМЛЕНИЕ КАЖДОЙ РАБОТЫ (ШРИФТ, ДОПОЛНИТЕЛЬНЫЕ ПРОБЕЛЫ, АБЗАЦЫ И Т.П.), ТАК РАБОТА БУДЕТ БОЛЕЕ УНИКАЛЬНОЙ И ПОД ВАС!

Unit 1.

TEXT. EUROPEAN COMMUNITY.

The European Union (EU) is a supranational and intergovernmental union of 27 states with its total population about 500 million people. There are 23 official and working languages within the Union. Citizens of EU member states are also EU citizens: they directly elect the European Parliament, once every five years. They can live, travel, work, and invest in other member states (with some restrictions on new member states). Passport control and customs checks at most internal borders were abolished by the Schengen Agreement.

The European Union is governed by a number of institutions, these primarily being the European Commission, the Council of the European Union, the European Court of Justice, and the European Parliament.

The European Commission acts as an executive or Civil Service. It is currently composed of one member from each state and is responsible for drafting all proposed law, a duty on which it maintains a monopoly in order to co-ordinate European Law. It also controls some agencies and the day-to-day running of the Union. Its president is nominated by the European Council then elected by the Parliament.

The Council of the European Union (also known as the Council of Ministers) forms one half of the Unions legislative branch (the other being the Parliament). It is composed of the respective national ministers. The bodys presidency rotates between the member-states every 6 months, though the current president member-state cooperates with the previous and future president member-state, to provide continuity.

The European Parliament is the only Union body composed of officials directly elected on European issues. Every 5 years citizens in all member-states vote for 751 «MEPs» who form the second half of the Unions legislative branch. Seats are distributed among the European Union member states based on their respective populations. Its members sit according to political groups rather than nationality and its president is elected by its members.

The judicial branch of the Union consists primarily of the European Court of Justice composed of one judge nominated by each member-state with the president elected from among those nominees. Below the Court of Justice there is a lower court called the Court of First Instance created to lift some of the work load of the Court of Justice. There is also the European Court of Auditors which monitors the Unions accounts.

There is no official European capital, with institutions spread across a number of cities. However, Brussels is often considered the de facto capital as it hosts most of the primary institutions, including the Commission and the Council. The Parliament also has its second seat in the city. Strasbourg is the official seat of the European Parliament, meeting there for twelve week-long plenary sessions each year. Luxembourg City plays host to the Secretariat of the European Parliament as well as the European Court of Justice, the Court of First Instance and the European Court of Auditors.

EU law covers only member states themselves. Where a conflict arises between EU law and the law of a member state, EU law takes precedence, so that the law of a member state must lose effect. Both the provisions of the Treaties, and EU regulations are said to have "direct effect" horizontally.

The other main legal instrument of the EU, «directives», have direct effect, but only «vertically». Private citizens may not sue one another on the basis of EU directives, since these are meant to be addressed to the member state. Directives allow some choice for member states in the way they translate a directive into national law. Once this has happened citizens may rely on the law that has been implemented. They may only sue the government «vertically» for failing to implement a directive correctly.

Exercises:

1. Подставьте английские словосочетания к их русскому переводу, пользуясь электронным словарем.

Unit 2.

TEXT.THE US ATTORNEY.

In order to practice law in the USA, one must first be «admitted to the bar» in an individual state. This entails passing the state bar exam. The bar exam covers the law particular to that state and is approximately 6 hours in length. Thus attorneys in America are licensed to practice only in their home states. If they wish to practice in another state, they must fulfill that states requirements - such as taking test on the specific features of that states law (a part of the bar examination) before they can practice. Fortunately, there are some states that have reciprocity agreements when two or more states honor each others rights or privileges, such as practicinglaw.

Generally, state bar examiners require evidence of three qualities in exam candidates: sufficient general education at the undergraduate level; sufficient US legal education; and sufficient knowledge of local bar requirements. Each state bar administration sets its own criteria for permission to sit the state bar exam.

In addition to the state bar exam, almost all states also require the Multistate Bar Exam (MBE). The MBE covers general legal knowledge in areas such as contracts, torts, constitutional law, criminal law, evidence and real property. It is a 6-hour, multiplechoice exam made up of 200 questions.

A typical second day of testing includes series of timed essay exams on a variety of subjects. This portion may be comprised of two other multistate exams: the Multistate Essay Exam (MEE) and the Multistate Performance Test (MPT).

Part of the licensing process involves the assessment by bar examiners of an applicants character and fitness to engage in the practice of law. Currently, most states also require law students to pass the Multistate Professional Responsibility Examination (MPRE). The MPRE tests knowledge of the American Bar Association codes on professional responsibility and judicial conduct. The MPRE is a 2-hour, multiple-choice exam.

Upon admission to practice, an attorney is licensed to serve as both advocate and legal counselor. There is no division of the profession between barristers and solicitors, as in England.

At the same time on the federal level there exists the American Bar Association (ABA), which was founded in August 21, 1878 as a voluntary national organization of the legal profession. The activities of the association include maintenance of high ethical standards for the profession. The most current version of these standards, the Model Rules of Professional Conduct, was adopted in 2000.

The American Bar Association also accredits law schools under the authority of state high courts and the United States Department of Education, and according to standards developed by the association. Policies of the association are determined by a house of delegates representing the legal profession and administered by a board of governors. The ABA holds an annual meeting, which is the largest annual gathering of lawyers in the world, and is attended byapproximately 12,500 international lawyers.

Exercises:

1. Подставьте английские словосочетания к их русскому переводу, пользуясь электронным словарем.

UNIT 3.

Text. LAW FIRM.

A law firm is a business entity formed by one or more lawyers toengage in the practice of law. The primary service provided by a lawfirm is to advise clients (individuals or corporations) about their legalrights and responsibilities, and to represent their clients in civilor criminal cases, business transactions and other matters in whichlegal assistance is sought.

Smaller firms tend to focus on particular specialties of thelaw (e.g. patent law, labor law, tax law, criminal defense, personalinjury); larger firms may be composed of several specialized practicegroups, allowing the firm to diversify their client base and market,and to offer a variety of services to their clients.

Law firms are organized in a variety of ways, but common arrangementsinclude:

sole proprietorship, in which the lawyer is the law firm and is responsible for all profit, loss and liability;

general partnership, in which all of the lawyers in the firm equally share ownership and liability;

limited liability partnership, in which the lawyer-owners are partners with one another, but no partner is liable to any creditor of the law firm nor is any partner liable for any negligence on the part of any other partner;

limited liability company, in which the lawyer-owners are called «members» but are not directly liable to third party creditors of the law firm.

In many countries, including the United States and the UnitedKingdom, there is a rule that only lawyers may have an ownershipinterest in, or be managers of, a law firm. Thus, law firms cannotquickly raise capital through initial public offerings on the stockmarket, like most corporations. The rule was created in order to preventconflicts of interest.

Lawyers are paid for their work in a variety of ways. In privatepractice, they may work for an hourly fee, a contingency fee (usuallyin cases involving personal injury), or a lump sum payment if thematter is straightforward. Normally, most lawyers negotiate a writtenfee agreement up front and may require a non-refundable retainerin advance. In many countries there are fee-shifting arrangementsby which the loser must pay the winners fees and costs.

Lawyers working directly on the payroll of governments, nonprofits,and corporations usually earn a regular annual salary. Inmany countries lawyers can also volunteer their labor in the serviceof worthy causes through an arrangement called pro bono (for thecommon good). Traditionally such work was performed on behalf ofthe poor, but in some countries it has now expanded to many othercauses like the natural environment.

Exercises:

1. Подставьте английские словосочетания к их русскому переводу, пользуясь электронным словарем.