Lesson 2 Laws in the Community

After this lesson you will be able to:

• explain the purpose Оf a law .

• identify what a community had in mind when passing a law;

• discuss different explanations of the same law.

Words lo know

1. city council the- group of people who govern a city (noun) -місцева рада

2. ordinance - local laws regulations (noun) - місцеві правила

3. unpolluted - not spoiled by trash; clean(adjective) - незабруднені

1. exception - anyone or anything to whom a general rule does not apply (noun) - ВИК ПЮЧ6ННЯ

4. legislator - a person who makes a law (noun) - законодавець

6. separation of powers - the stale of being separate (noun)-розмежувашія влади

7. executive power - having the power to make and carry out decisions (noun) - виконавча влада

8. enacting laws - laws which are in force (noun) - введені закони

9. government officers - the people who rule a country (noun) -урядові офіційні особи

Separation of powers

One of the reason for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. The French political philosopher Montesquieu developed the principle of separation of powers. He argued that the functions of the state could be divided into policy formulation and direction (executive), lawmaking (legislative), and interpretation and application of the law (judicial). " "When the legislative and executive powers are united in the same person, or iii the same body oj magistrates, there can be no liberty... Avain. dure is no liberty, if the judicial power be not separated from (he legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed lo arbitrary control; for the judge would then be the legislator. Were it joined to the executive, however, the judge might behave with violence and oppression. There would be an end to everything, were the same man, or the same body whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the resolutions, and of trying the causes of individuals ".

Each city or town has a group of people who make the laws and run the city. Sometimes this group is called the city council. The laws made are called ordinances. An example of an ordinance is the dog leash law which says that dogs must be kept in a fenced area or on a leash at all limes. What are some other ordinances in your city? Why are they important?

Your city is called your local government. We rely on our local government both to survive and to help us live comfortably. The local government protects us from fire and crime. It also provides us with clean water, trash collection, health services, and education. Some local governments are run by a mayor and city council. Others are governed by a county executive and a county council. The city council is elected by citizens of the city or town. The mayor may be selected by the council or elected by the citizens.

Task 1. Read and answer the questions below. As a resource, go to the library or use the blue pages of your local telephone directory to call your government officials.

1. What is the name of the local area in which you live? Examples are a town, city, county, parish, borough, or special district.

2. What is the name of the group of people who pass your local ordinances?

3.1s your mayor or county executive elected?

4.List five local offices that are run by elected officials. Give the name of the elected official who runs each office.

Task 2. Read this story about a law that a city council passed. Answer the questions at the end of the story.

Smithvill has a pretty, quiet park right in the center of the city. The city council wants to make sure that the park stays safe and unpolluted. They do not want the park disturbed by city noise. In the park you can find grass, trees, flowers, playgrounds, and picnic areas. There is one road through the park. To make sure the park stays safe and unpolluted, the city council passes a law.

At all park entrances the following sign is posted: "NO VEHICLES IN THE PARK".

1. What does this law say?

2. Why did the city council pass the law?

3. What does the city council want to happen?

4. Will everyone understand the sign? Give your reasons.

Task3. Will you allow these exceptions?

Use the facts from the story you have just read. Pretend you are on the city council. There are some cili/ens who are unhappy with the law that says "No Vehicles in the Park." Some do not understand it. Answer the following questions about cai h exception.

1. Will you allow the venicle in the park? Give your reasons.

2. What othe solutions do you suggest?

3. How would you enforce you decision?

4. If you enforce the law, what is your penalty?

1. John Smith lives on the side of the town and works on the other side. He will ten minutes if he drives through the park. John wants to drive through the park.

2. There are many trash barrels in the park. People put litter in them to help keep the park clean. The sanitation department wants to drive a garbage truck into the park to Collect the trash.

3. An ambulance with a seriously injured car accident victim needs to gel to the hospital fast. The shortest route is through the park. The victim may die if the ambulance doesn't go through the park.

4. Two police cars are chasing a suspected bank robber. If one police car cuts through the park, the police can trap the suspect's car between the patrol cars. The police want to drive through the park.

5.Some of the children who visit the park want to ride their bicycles there.

6. Mr. Thomas wants to take his baby to the park in a baby stroller.

7. The government donates a military tank to be placed in the park as a monument to the town's veterans who died in a war.

8. Sarah likes to go to the park with her friends. Sarah uses a wheelchair that has a motor. She wants to keep visiting the park.

Task 4. Writing a law.

Hie law "No Vehicles in the Park" is unclear. ()n a separate sheet of paper, write a better law which means the same thing.

Task 5. Translate the sentences from Ukrainian into English using the vocabulary of the lesson.

1. Монтеск'ю розробив принципи розмежування влади.

1. Кожне місто має угрупунання людей, які створюють закони та керують містом. Ця група людей називається міська рада.

3. Місцеві ради дають можливість громадянам жити комфортно.

4. Місцевим урядом керує мер міста, або міська рада.

3. Міська рада обирається громадянами міста.

LESSON З Civil Law

After this lesson, you will be able to:

• define a civil law problem;

• identify the difference between criminal and civil law;

• examine a civil case and present arguments for both sides.

Words to know

1. irresponsible - behaving in a way that can harm others; not dependable (adjective) - безвідповідальний (особа, що не несе відповідальності за скоєний злочин)

2. to violate - to break or fail to keep a rule, law, or promise (verb) -порушувати (закон, правило)

3. private - applying to individual matters, not public ones (adjective) -приватний (особое і ми)

4. plaintiff - the ;hi using prison or party (noun) - позивач

5. defendant - the accused person or party (noun) - відповідач, підсудний,звинувачуваний

6. property - something that is owned (noun) - власність

7. grafts - pieces of skin, bone, or other living tissue that are taken -from one body and set into another so as to grow and become permanent parts of the new location (noun)- трансплантанти, пересаджена тканина

Civil Responsibility

What do you think of when you see or hear the word responsibility? Responsibility is the duty to do something or not to do something. For example, Ellen ironed her blouse and turned off the iron afterwards. Ellen has a responsibility to remember to turn the iron off as protection from fire. Give some examples of something you do or don't do to protect someone or keep them from getting hurt. What happens if you don't do it?

Responsible behavior keeps our families and communities sale. A responsible person acts "in the way the community or the family expects. If you do not stop to think before you act or if you forget to do something, your behavior mighl be irresponsible toward other people. You might violate the rights of others. You could even In-breaking the law.

If a person is harmed by someone, should the person who is responsible for the injury pay the cost of medical care? If a person’s property is damaged by someone, should the person who is responsible pay to repair the damage? If the responsible person does not want to pay or take responsibility for his or her actions, the person could go to civil court.

Laws fall into two groups: civil and criminal. A civil law applies to two people or two groups of people. Usually one person goes to court because he or she feels wronged or injured by the other person.

A civil case is a legal action brought by one person or business against another person or business. Civil cases involve settling private conflicts or disputes, for example, Mika Goldberg was injured in an automobile accident when the brakes of the car he was driving failed. Mika had just had his brakes repaired at Speedy Brake Repair. Mika gets a lawyer and sues Speedy Brake Repair in court. He wants the repair shop to pay for his medical bills and for the repair of his car. When Mika goes to court, the case is Mika Goldberg versus Speedy Brake Repair

The differences between Civil and Criminal Court.

Civil Court	Criminal Court
Purpose: • To settle problems between two or more persons • To pay a victim for injury to person or damage to property	Purpose: • To protect people and society • To punish criminals • To stop illegal activity
People involved: • Plaintiff (person who sues) • Defendant (person accused of irresponsible or wrongful act)	People invoked: • Prosecutor (the government goes to court) • Defendant (person accused of crime)
Punishment: • Repair or replace damaged property • Pay money to the victim • Participate in community service	Punishment: • Prison • Pay money (called a fine) • Probation • Suspended sentence

• Court orders a person not to
behave or act in the same way
again or more punishment will
follow

Some civil law cases involve family issues. Divorce, child support, and child custody are all different kinds of civil cases. A criminal law applies to someone who breaks the law or commits a crime. A criminal case is a legal action brought by the government against a person charged with committing a crime. For example, if Ming Brown robs a store, she commits a crime. When caught, Ming will be taken by the government to criminal court. If Ming lives in St. Louis, the case will be the City of St. Louis versus Ming Brown.

Civil Court

In a civil case the two people who go to court are called the plaintiff and the defendant. The plaintiff brings the case to court He or she sues someone. The defendant is accused of doing wrong. In some civil courts there are no lawyers, just a judge. Small Claims Court is an example of this type of civil court. Most states allow people to go to court without a lawyer if the amount of money involved is under a certain dollar amount. ^isTratry this amount is under $500. In other civil courts both sides have lawyers to present their cases.

FILING A CIVIL Lawsuit

If you sue someone in civil court, you must prove that the other person is responsible for doing something wrong to you. You must prove one of the following:

• That the person you sue broke an agreement which resulted in a loss of money to you.

• That the person you sue damaged your property on purpose, and as a result you lost money.

• That the person you sue acted carelessly or failed to act when she or he should have done so, and that this damaged you.

Task 1. Read this story. On a separate sheet of paper, list the civil wrongs. Then list the criminal wrongs.

Matt and Herb argue over who should have won a professional basketball game. Matt insults Herb's favorite team, the Tigers. Matt calls the Tiger players lazy, worthless, and lucky. He says that the referee cheated. Herb gets angry. His brother is a professional basketball player on the Tigers team. Besides, Herb has been the Tiger's fan for years. Herb punches Matt in the mouth. Matt suffers two broken teeth and a split lip that requires ten stitches. Matt's dental and hospital bills total $2,000 and he misses five days of work while dental work is done. Herb needs four stitches in his hand. He also has a black eye that requires no medical attention.

Task 2. Read this actual case. Decide who was responsible for Ms. Liebeck's accident. Answer the questions below.

The Case of Liebeck versus McDonald's

Ms. Stella Liebeck orders a cup of hot coffee from the driver-in window at McDonald's. She places it between her knees. Her nephew, the driver, starts to leave McDonald's while Ms. Lieback is putting sugar and cream in the coffee. Ms. Lieback spills the coffee on her lap and badly bums herself.

Ms. Lieback is 79 years old and recovery is particularly difficult. As a result of the burns, she spends eight days in the hospital and must undergo skin grafts. She is permanently scarred.

McDonald's coffee is very popular. Il is brewed at a higher temperature than most other restaurants brew their coffee.

McDonald's believes that a higher brewing temperature leads to better flavor and that its customers like hot coffee. However, McDonald's had received 700 complaints about their hot coffee from 1982 to 1992. They know the coffee has burned others in the past. McDonald's sells over 1.3 million cups a day.

Ms. Lieback sues McDonald's. She asks McDonald's to pay for her medical costs and for her pain and suffering.

1. What are the facts in this case?

2. What reason will Ms. Liebeck use for filing a civil lawsuit?

1. What arguments Ms. Liebeck's lawyer use to prove that Ms. Liebeck should receive money for medical costs, pain, and suffering?

2. What arguments will McDonald's use to prove that Ms. Liebeck should not win the lawsuit?

3. Do you think Ms. Liebeck should get any money from McDonald's? If so, how much?

1. What do you think is McDonald's responsibility to the community and to all the families that eat there?

Task 5. Translate the sentences from Ukrainian into English using the vocabulary of the lesson.

1. Відповідальність - це обов'язок щось зробити, або не робити цього.

2. Відповідальність дає можливість нашим сім'ям та суспільству бути у безпеці.

3. Закони підрозподіляються на 2 групи: цивільні та кримінальні.

4. Якщо відповідач не хоче брати на себе відповідальність за скоєні , дії, він може потрапити у в'язницю.

5. Цивільний суд вирішує проблеми між 2 особами або між групами людей.

6. Кримінальний суд захищає громадян та суспільство, карає злочинців та зупиняє їх незаконну діяльність.

LESSON 4

Solving Conflicts

After this lesson you will be able to:

• define and identify a conflict;

• list the steps in solving conflicts;

• choose which method of solving a conflict is the best in a given situation.

1. arguments - reasons for disagreement between two or more parties presented to a judge (noun)- докази

2. pros - arguments in favor (noun) - за (на користь чогось)

3. cons - arguments in opposition (noun) - проти чогось

4. accidentally - happening by chance (adverb) - випадково

5. to handle conflict - to deal with someone or smth (verb) залагоджувати конфлікт

6. to cause the damage - (to make smth happen (verb) - спричиняти збитки

7. acceptable solution - satisfactory solution (adjective) - прийнятне рішення

8. an insurance office - the business of making and selling agreements (noun) -страхова компанія

These are conflicts. Conflict is a part of everyday life. There will always be conflict in your life. The question is, how do you handle conflict?