Revision Translation

Task: translate into English.

Федеральные суды США
Суды играют важную роль в жизни американского общества. Итак, есть федеральные суды и суды штатов. Оба типа судов являются результатом того, что определяется Конституцией США как федерализм. Согласно концепции федерализма часть функций передается правительству США, в то время как другие функции являются прерогативой штатов. В функции федеральных судов входит разрешение споров, касающихся федеральной конституции и принимаемых Конгрессом законов, суды штатов создаются штатами, округами или городами, входящими в штат. В большинстве случаев они занимаются проведением в жизнь конституции и законов конкретного штата.	transferred to
Из всех федеральных судов в США наиболее многочисленными являются окружные суды. Конгресс разделил страну на 94 федеральных судейных округа.	numerous
Верховный Суд США, расположенный в Вашингтоне (федеральный округ Колумбия), является наиболее известным федеральным судом.
Конгресс создает окружные и апелляционные суды, устанавливает число судей в каждом федеральном суде (включая Верховный суд) и определяет сферу их компетенции.	fixes

Listening comprehension Text. The System of Justice in Britain

Pre-listening activities

I. Make sure that you know the following:

a panel of magistrates = a board of magistrates

to impose a punishment on smb = to enforce (inflict) a punishment

to poach = to steal

to be harsh – to be rough

to have the conviction quashed = to be pronounced not guilty

II. Before listening discuss the following:

Which courts do you think would deal with:

1. a divorce case?

2. a bank robbery?

3. violent and unnatural death?

4. a burglary committed by a fifteen-year old?

5. a case of driving too fast?

Listening activities

I. As you listen to the tape recording make brief notes to help you answer the following questions.

1. What is the most common type of law court in England and Wales?

2. What are basically two kinds of courts in England and Wales?

3. What’s the difference between the JP’s and “High Court Judges?”

4. Where may a convicted person appeal to?

5. What is the highest court in Great Britain?

II. Listen to the tape once more and fill in the gaps:

1. More than 90% of all cases are dealt with in …

2. Magistrates, who are known as … are not trained lawyers.

3. Even serious criminal cases are heard in …

4. A convicted person may appeal to …

5. The highest court of all in Britain is …

6. To reach a verdict there must be …

After listening activities

Discuss:

Which do you think is better: judgment by one trained lawyer or judgment by twelve ordinary people?

GRAMMAR SECTION

Grammar to be revised: The Participle (continued).

The Participial Constructions

Ex. 1. Use the proper form of the Participle. Translate the sentences.

1. Federal courts have judicial power over the cases (to arise) out of the Constitution, laws and treaties of the United States, cases (to deal) with foreign countries and cases (to arise) between states.

2. When (to decide) the case the lawyers could simply search for relevant case law.

3. There are special court systems (to operate) in England and Wales, Northern Ireland and Scotland.

4. Two important links (to unite) the systems of all parts of Great Britain are: a) Parliament of Westminster which is the Supreme authority throughout the United Kingdom; b) The House of Lords which is the final Court of Appeal.

5. A sentence is an order of a court (to impose) a penalty, following the conviction of an (to accuse) person.

6. The (to sentence) power of Magistrates’ courts is generally limited to a fine of £ 2,000 and/or a term of imprisonment of not more than six months on anyone (to charge).

7. A judge is a person (to appoint) in the name of the Crown to hear cases in court and give decisions (to base) on the evidence and arguments (to present) at the trial.

8. Modern crime is a common and powerful threat (to endanger) all aspects of human activity.

9. The process of globalization is also effecting crime, (to extend) it beyond national boundaries.

10. (To hear) the judge’s summing up and his directions on questions of law the jury is to determine the facts and decide whether the defendant is “Guilty” or “Not Guilty”.

11. In Britain all people (to connect) with law by way of occupation are ineligible to jury service.

12. Among the factors (to lead) to crime are weakness in the laws (to govern) market relations and (to fight) against crime.

Ex. 2. Use either Participle I or Participle II instead of the Infinitive in brackets.

1. The case (to present) by Perry Mason was not an easy one. 2. It was rumoured that immediately following Judge Elmer's order (to bind) the defendant to the Superior Court for trial proceedings against Mason would be instituted. 3. (To find) guilty the defendant filed an appeal thus (to show) his dissatisfaction with the decision (to make) by the court. 4. In fighting crimes (to commit) by juveniles education is considered to be one of the main methods. 5. Criminal punishment can only be imposed by institutions and agencies (to empower) by the law, thus (to guarantee) legality. 6. Of the cases (to submit) by various states to the International Court of Justice between 1946 and 1966 six were withdrawn before the decision was rendered. 7. The decision of the International Court has no (to bind) force except between the parties (to concern). 8. The accused (to commit) for trial by the court of people in Nuremberg were the leaders of Nazi Germany who (to plot) for years against the people of Europe in 1939 unleashed the Second World War. 9. In England a (to convict) criminal (to exhaust) by the appellate procedure open to him may appeal only to the Crown.

Ex. 3. Analyse and translate the sentences containing the Participial Constructions.

The Objective Participial Construction (Complex Object)

a) 1. We heard the charge being read out to the defendant.

2. Nobody heard the defendant pleading guilty.

3. The people listened attentively to the evidence being given by the witnesses for the prosecution.

4. Usually federal courts do not hear cases arising out of the laws of individual states.

b) 1. People want the public order always maintained.

2. All the accused want the right to defence not only guaranteed, but always observed.

3. Everybody wants crimes investigated as soon as possible.

4. The jury got the case summarized, both law and facts from the judge.

The Subjective Participial Construction (Complex Subject)

1. The thief was seen being arrested at the scene of the crime.

2. The counsel for the defence was heard trying to show that the accused was not guilty.

3. Freedom of speech is reported being violated in many countries.

4. The majority of requests for hearing that the Supreme Court receives are found rejected.

The Absolute Participial Construction

1. The judicial power of the USA being the third branch of the Federal Government, a system of federal courts has spread throughout the country with the Supreme Court at the head.

2. All the courts are independent, with federal judges being appointed by the President for life.

3. The Supreme Court cannot be abolished by Congress, it having the authority to create and abolish federal courts, to determine the number of judges in the federal judicial system.

4. The USA has the most complex judicial system in the world, with 51 sets of courts having been established in the country.

Ex. 4. Define the Participial Constructions, if any, and translate the sentences.

1. The Courts of Appeal were established to hear most of the appeals growing out of district court actions.

2. I didn’t hear the evidence being pronounced in support of the defendant’s party.

3. We heard the witnesses for the prosecution being cross-examined at this trial.

4. We saw him being arrested for the violation of traffic rules.

5. He had the sentence repealed some days ago.

6. She had her car crashed in the traffic accident.

7. Many people come to a solicitor to seek legal advice and have their wills made up.

8. The USA has two distinct systems of law, state and federal, with each state having its own judicial system.

9. In Britain the Attorney-General is the Government’s Chief Law officer, with the Solicitor-General being his deputy.

10. If arrested, his guilt will be easily proved.

11. Having declared its independence on July 4,1776 the United States had 13 original states, each one wanting to be sovereign and control its own affairs.

12. There are 700 Magistrates’ Courts and about 30,000 magistrates in the country, the Magistrates’ Courts being the most common type of law in England and Wales.

Ex. 5. Use Participle II as part of complex object. Work in pairs.

Model:  Do you type the papers yourself?

– No, I have the papers typed.

(– No, I have them typed.)

1. Did you present your case yourself? 2. Did the picture collector steal a Picasso himself? 3. Do barristers prepare cases and evidence themselves? 4. Did the convict file an appeal himself? 5. Did she write this legal letter herself? 6. Did your parents make the will themselves? 7. Will he conduct his defence himself?

Ex. 6. Transform the following sentences so as to use

a) Complex Object.

Model: A store policeman saw how a man was putting some unpaid goods into his pocket.

A store policeman saw a man putting some unpaid goods into his pocket.

1. We noticed that he was driving a car under the influence of alcohol. 2. The crowd of interested spectators watched how two policemen were effecting the arrest of a criminal. 3. A patrolman heard that somebody was calling for help. 4. Everybody heard that superintendant was giving instructions to the other officers. 5. Though you didn't see how he was stealing goods from the store you had powers to stop and search him in the circumstances. 6. I did not hear how the policeman was reading the suspect his rights. 7. The witnesses saw that you were threatening the victim with a knife.

b) Complex Subject.

Model: The inspector saw you crossing the street at the red light.

You were seen crossing the street at the red light.

1. They heard you threatening your wife. 2. Passers-by saw a police officer beating the suspect. 3. They saw him selling drugs in the street. 4. A patrolman heard a woman calling for help. 5. They saw a get-away car moving along the avenue. 6. The Smiths noticed a policeman approaching the house. 7. Two persons saw you getting into the house through the window.

c) Absolute Participial Construction.

Model: To become laws bills must be approved by both Houses of Congress and any treaty must first be approved by the Senate.

To become laws bills must be approved by both Houses of Congress, with any treaty being first approved by the Senate.

1. After the jury had considered a prisoner guilty the judge pronounced a sentence. 2. As the law is not separated from the judges, they interpret and administer it. 3. As the case is complicated the jury is still discussing the verdict. 4. After the judge had pronounced a sentence the convicted person was taken to prison. 5. As Roman law is one of the greatest systems that has ever existed many countries in Europe and America have used it as a basis in their legal systems. 6. The call to jury services is regarded as an obligation, but barristers, solicitors and police officers must have retired from that work for a minimum of ten years. 7. After all the evidence had been given the judge summarized the case, both law and facts, for the jury.

Ex. 7. Translate the sentences. Express the same idea using the Absolute Participial Construction.

1. As independence of judiciary has been guaranteed judges cannot be removed from the office on account of political considerations.

2. Juries mostly appear in criminal cases in the Crown Courts, but civil cases are heard without a jury.

3. If a verdict is not unanimous and the jury fails to reach agreement, the case will be retried before another jury.

4. Each Court of Appeal in the circuit consists of between 3 and 5 judges and the judge with the service who has reached his 70^th birthday is the Chief Judge.

5. The counsel for defence or the defendant have the right to object to jurors without giving reasons and the maximum number of peremptory challenging is reduced to three.

6. If a defendant pleads not to be guilty, a jury of 12 persons must be formed and summoned.

7. If the jury decides the accused not to be guilty, he immediately must be discharged.

8. Crimes are emerging at an alarming rate in spite of the fact that death penalty has been abolished by many countries.

9. When the lower chamber had passed the bill it went to the upper one.

10. When a bill has been signed by the Queen, it becomes an Act of Parliament.

11. The Queen formally appoints the judges on the recommendation of the Lord Chancellor who makes the real selection.

12. As the case is rather complicated the jury is still discussing the verdict.

Ex. 8. Translate into English.

1.  Если журналистов не допустят в здание суда, они постараются добыть информацию другими путями. 2. Запуганный сообщниками преступника, свидетель отказался от своих показаний. 3. Я никогда не слышал, чтобы подобные вещи спрашивали в суде. 4. Магистратский суд, занятый в основном уголовными делами, рассматривает и некоторые гражданские дела. 5. Обыскивая дом, полиция неожиданно нашла улики, относящиеся совершенно к другому делу. 6. Полицейский увидел, что несколько человек грабят прохожего. 7. Доставив подозреваемого в полицию, офицер приступил к его допросу. 8. Женщина поблагодарила полицейских, спасших ее детей. 9. Видели, что человек, бежавший по улице, стрелял из пистолета. 10. Принимая во внимание все обстоятельства дела, мы можем отпустить задержанного под залог. 11. Офицер, проводивший расследование, обнаружил много новых фактов. 12. Проводя расследование, офицер допросил множество свидетелей. 13. Офицер, арестовавший опасного преступника, предотвратил новое преступление.