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Advice is given about harboring hostile feelings, and everyone is encouraged to renew relationships.

matrilineal – определяемый по женской, материнской линии

facilitator – someone who helps a group of people discuss things with each other

parable – a short simple story that teaches a moral or religious lesson

a)It is a general practice for parents to summon the fiscale when their children are unruly or misbehaving.

b)In a divorce or separation, property is divided according to the matrilineal definitions of property ownership and is written into the decisions of the traditional or tribal court.

c)This segment is traditionally set aside for the spokespersons or tribal officials to speak of community values, mores, and the consequences of misbehavior or misconduct.

d)Tribal common law is based on the values, mores and norms of a tribe and expressed in its customs, traditions and practices.

e)By custom, the wronged family calls a family forum as the proper way to handle the matter and to request compensation.

LESSON 6

A. READING.

A1. Before you read, try to match the following words with the proper meaning:

1.

be due to

b)

ослаблять,

2.

widespread

ослабевать

3.

unified

c)

распространенный

4.

reflect (v)

d) удерживать(ся)

5.

extensively

e)

объединенный

6.

alongside

f)

большое количество

7.

a great deal of

g)

быть обязанным

8.

interpreting

h)

обширно

9.

weaken (v)

i)

около, вместе

10.

refrain

j)

толкование,

a)

отражать

объяснение

 

 

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A2. Read the following text and write short headings for each paragraph.

LEGAL SYSTEMS IN DIFFERENT COUNTRIES (*)

1._______________________

The spread of common law in the world is due both to the once widespread influence of Britain in the world and the growth of its former colony, the United States. Political divergence has produced legal divergence from England. Unified federal law is only a small part of American law. Most of it is produced by individual states and reflects various traditions. The state of Louisiana, for example, has a Roman civil form of law which derives from its days as a French colony. California has a case law tradition, but its laws are codified as extensively as many Continental systems. Quebec is an island of French law in the Canadian sea of case law. In India, English common law has been codified and adopted alongside a Hindu tradition of law. Sri Lanka has inherited a criminal code from the Russian law introduced by the Dutch, and an uncodified civil law introduced by the British.

2._________________________

Continental systems have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen’s life. Versions of Roman law had long influenced many parts of Europe, including the case law traditions of Scotland, but had little impact on English law. It is important not to exaggerate the differences between these two traditions of law. For one thing, many case law systems, such as California’s, have areas of law that have been comprehensively codified. For another, many countries can be said to have belonged to the Roman tradition long before codifying their laws, and large uncodified areas of the law still remain. French public law has never been codified, and French courts have produced a great deal of case law in interpreting codes that become out of date because of social change. The clear distinction between legislature and judiciary has weakened in many countries, including Germany, France and Italy, where courts are able to challenge the constitutional legality of a law made by Parliament.

3.___________________________

Despite a tradition of private law that more closely resembled English principles of judicial precedent, the law-makers of Meiji Japan decided to adopt criminal and civil codes closely based on the existing French models. However, this rapid import of a new system was to a large extent an attempt to give Japan the appearance of a modernized, even Westernized country, and the way in which justice was actually administered continued to reflect older Japanese principles of refraining wherever possible from formal and open methods of solving disputes. New codes of law developed under the postwar

99

occupation show some influence from Anglo-American common law traditions (such as statutory forms of trust). 4._______________________________

Socialist countries in the 20-th century have produced very strong centralized state institutions and complex legal systems alongside them. The leaders of the Soviet Revolution, and hence the governments of many nations that came under Soviet influence, tried to apply socialist ideology to a Continental civil law tradition in as systematic and comprehensive a way as possible. This ideology is clearly stated, and socialist law-makers criticized both common law and previous civil law systems for masking their own capitalist ideology in apparently neutral, unbiased institutions. In China, law courts are still primarily regarded as political instruments, used both to control theft and violence and to deal with political opponents. But recently, citizens in some areas have been encouraged to seek legal redress in disputes with other citizens, for example, over consumer matters. Attempts have been made to codify Chinese law comprehensively, but so far there has been little progress.

B. COMPREHENSION AND VOCABULARY

B1. Answer the questions.

1.What is the reason for spreading of the common law in the world?

2.Are there any differences in legal systems of individual states in the USA, Canada and India? Give examples of diversity.

3.What countries were influenced by the Continental system of law?

4.Which of the systems influenced socialist countries?

5.What does law court mean for the Chinese?

B2. Match up these words with their definitions.

1) divergence; 2) derive from; 3) inherit; 4) exaggerate; 5) encourage; 6) comprehensive; 7)impact

a)to say or do something that helps someone feel confident enough to do something;

b)to originate, have a starting-point, source;

c)the big and permanent changes that happen as a result of something important;

d)getting father apart from each other

e)including much;

f)to receive some qualities from ancestors;

g)to say that something is much bigger, better, more important than it really

is

B3. Complete the sentences using the text.

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1.…… is a small part of American law.

2.In India English common law has been codified and...... a Hindu tradition of law.

3.Roman law had ……. on English law.

4.French courts have produced …….. in interpreting codes that become ……..because of social change.

5.Socialist countries have produced very strong ……. And complex legal systems alongside them.

6.Citizens in China have been encouraged …….. in disputes with other citizens.

LESSON 7

A. LANGUAGE STUDY.

A1. Formal and informal verbs. The social context usually determines the mode of speech. When placed in different situations, people instinctively choose different kinds of words and structures to express their thoughts. All situations can be roughly classified into two types:

-formal ( a lecture, a speech in court, an official letter, professional communication)

-informal ( an informal talk, a private letter) Accordingly, words are divided into formal and informal ones. For example:

formal

 

informal

assist

=

help

approximately

=

about

sufficient

=

enough

commence

=

start, begin

terminate

=

finish, be over

In legal language formal style is usually used.

Now find the formal equivalents to the informal words below:

take part - …..

ascertain

ask for - …..

disconnect

say sorry - …..

abolish

put off - …..

participate

find out - …..

occupy

call off - …..

terminate

get - …..

cancel

take up - …..

request

 

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come to an end - …..

obtain

let sb know - …..

comprehend

get in touch with - …..

inform

need - …..

apologize

cut off - …..

require

decide - …..

contact

put an end to - …..

postpone

understand - …..

resolve

A2. Make the underlined words below less formal.

1)If you require any more information, please, call me.

2)I’m trying to ascertain exactly why she’s resigned.

3)I requested a room with a view but they didn’t have any.

4)I think you should apologize to her.

5)They have postponed the conference until later in the year.

6)I’m calling to inform you that I won’t be able to meet you on Friday.

7)Why was the match cancelled?

8)Have you resolve the problem with your computer yet?

9)I’m trying to contact Simona. You don’t know her number, do you?

10)You can obtain copies of the document from our head office.

A3. Fill in the text the suitable formal verbs

Proceed; regarded; instructed; above-mentioned; chambers; request; attend; acknowledgement

“Dear Sir,

We are (given directions)_______ by Mr. Ernest Freeman, father of the ( named earlier)______ Miss Ernestina Freeman, to (ask)______ you to attend at these (offices)_______ at 3 o’clock this coming Friday. Your failure to (come)_______will be (believed)______ as an (agreement)_____ of our client’s right to (go forward)_______ .”

A4. Phraseology. Read the sentences with the idiomatic expressions. Try to match phraseological units with their meanings.

1.We must bring these criminals to book; they deserve severe punishment.

2.The police don’t like private eyes as a rule, but they had to admit that Hugh was a first-class investigator.

3.I don’t want to name names but I will if the stealing doesn’t stop.

4.Since Alan came out of prison, he hasn’t put a foot wrong.

5.Edward would have been happier in the Civil Service than in business. Whatever the circumstances, he always go by the book.

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6.I wonder where Philip got that crate of very expensive wine. Did it fall off the back of a lorry?

7.He will not put his head in chancery, that’s clear.

8.The punishment for high treason under the Treason Act is death, but it has become a dead letter.

9.Alison couldn’t have stolen your watch. She was out all day. You are barking up the wrong tree.

1.

2.

3.

4.

5.

6.

7.

8.

9.

b)

to make accusations against

 

 

 

 

 

 

 

 

 

 

certain person;

 

 

 

 

 

 

 

 

 

c)

private detective;

 

 

 

 

 

 

 

 

 

d)to make someone answer for his misdeeds;

e)to accuse or blame the wrong person;

f)a law (rule) which has not been repealed but is no longer enforced;

g)to put someone or something into an awkward position from which is difficult to extricate ( в безвыходном положении, в петле)

(The reference is to the Court of Chancery which at one time had a reputation for delaying lawsuit and ruining the parties in dispute);

h)to break rules, make a mistake;

i)to be stolen;

j)to act in strict accordance with the rules and regulations without taking personal factors into account.

B. TRANSLATION. Project-work

B1. Translate the following extract in writing.

Most educated people have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate “country” there are legal systems which are broadly similar in structure in spite of important differences.

The important points of similarity between different legal systems comprise:

1)rules forbidding or enjoying certain types of behaviour under penalty;

2)rules requiring people to compensate those whom they injure in certain ways;

3)rules specifying what must be done to make wills, contracts and other arrangements which confer rights and create obligations;

4)courts to determine what the rules are and when they are broken, and to fix the punishment or compensation;

5)a legislature to make new rules and abolish old ones.

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