Автор работы: Пользователь скрыл имя, 23 Апреля 2012 в 15:39, контрольная работа
Работа содержит задания по "Муниципальному праву" с ответами на них
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Контрольная работа № 4
Упр. I: Переведите предложения письменно
1. He said he worked as an investigator
2. I knew judges in Great Britain were chosen from the most experienced lawyers.
3. I asked the solicitor if he would help me to draw up a will.
4. He informed us that all the judges had been appointed by the Crown.
5. They didn’t know the highest court in the UK was the House of Lords.
6. He added the Lord Chancellor was responsible for the administration of justice in the country.
7. She said the court was just trying this case.
8. We wondered if that juror would be challenged.
Упр. II: Переведите предложения письменно
1. If somebody sells you a faked work of art, he will be prosecuted for fraud.
2. If I were a judge, I would pass the sane sentence.
3. If somebody drives in excess of the speed limit, he will be fined.
4. Were he a judge, he would choose a lighter sentence.
5. How would you have felt if you had been the victim of this crime?
6. When this case is tried at the court, it will take weeks or even months because it is very controversial.
7. If he were an investigator, he would want to know other facts and circumstances of the accident.
8. If the trial begins tomorrow, I’ll be able to attend it.
Упр. III: Выберите английские эквиваленты для следующих русских предложений:
1. Она сказала, что учится в юридической академии.
a) She said she studied at the Law Academy.
b) She said she would study at the Law Academy.
c) She said she had studied at the Law Academy.
2. Он сказал, что суд начнется на следующей неделе.
a) He said the trial would begin the next week.
b) He says the trial will begin next week.
c) He said the trial would have begun by the next week.
3. Я знал, что полиция сейчас собирает улики против него.
a) I knew the police had collected evidence against him.
b) I knew the police collected evidence against him.
c) I knew the police were collecting evidence against him.
4. Если бы я был судьей, я бы отправил дело на доследование.
a) If I had been a judge, I would have sent the case for the additional investigation.
b) If I were a judge, I would send the case for the additional investigation.
c) If I am a judge, I’ll send the case for the additional investigation.
5. Если защита будет знать мотивы преступления, ей будет легче
вести дело.
a) If the defence know the motives of the crime, it will be easier for it to handle the case.
b) If the defence knew the motives of the crime, it would be easier for it to handle the case.
c) If the defence had known the motives of the crime, it would have been easier for it to handle the case.
6. Если бы я раньше знал дату слушания дела, я бы пришел.
a) If I knew the date of the trial, I would come.
b) If I had known the date of the trial, I would have come.
c) If I know the date of the trial, I will come.
Упр. IV: Переведите текст письменно
Lawyer is a person who is allowed to represent members of the public in a court of law or to advise them on matters of law. A person who seeks a lawyer’s services is called a ‘client’. Until 1993, a lawyer in the United Kingdom who had the right to argue cases in the higher courts was called a ‘barrister’. One who did not was called a ‘solicitor’. Since December 1993, some solicitors have the right to argue cases in the higher courts. In Scotland, a high-court lawyer is called an ‘advocate’.
The system of barristers and solicitors was used in Australia, India, Ireland, New Zealand, South Africa, and other Commonwealth countries. In recent years, many countries have formally abolished this system. In those countries, most lawyers either specialize in ‘advocacy’ (appearing in court) or choose more general advisory work.
A lawyer’s duties may cover many legal matters, including contracts, wills, conveyances, claims for damages for personal injury, and company work. Lawyers also deal with family matters, such as divorce. A lawyer tries to avoid litigation by giving legal advice that will keep the client out of trouble, and by trying to settle such cases amicably.
Many solicitors have wide-ranging practices which include both civil and criminal law. Others work in large, specialized practices concerned with only one or two aspects of law.
Упр. I : Переведите предложения письменно
1. He said that case would be heard by a judge and a jury,
2. The clerk said the jury consisted of a group of twelve ordinary citizens.
3. I was sure all justices of the peace were not paid.
4. Everybody knew he had pleaded guilty.
5. We were told magistrates’ courts had powers limited to small fines, probation and a short period of imprisonment.
6. He said civil cases concerned disputes between individuals.
7. He wondered if the main function of the police was to maintain law and order.
8. She stressed the jury decided on the verdict and the judge decided on the sentence.
Упр. II: Переведите предложения письменно
1. If the defence is successful, the accused will be only fined.
2. If I were a judge, I would give a more severe sentence.
3. How would you have behaved if you had been attacked in the street yesterday?
4. When all the evidence is collected, the case will be sent to the court.
5. As soon as the jury return a verdict, the judge will pass a sentence.
6. If the advocate had been more experienced, the accused would have been acquitted.
7. Had he enough money, he would hire a better barrister.
8. If he registered his gun, he wouldn’t be fined.
Упр. III: Выберите английские эквиваленты для следующих русских
предложений:
1. Она сказала, что ей нравится изучать уголовное право.
a) She said she had liked to study criminal law.
b) She said she liked to study criminal law.
c) She says she likes to study criminal law,
2. Я знала, что присяжные сейчас обсуждают вердикт.
a) I knew the jurors had deliberated the verdict.
b) I knew the jurors were deliberating the verdict.
c) I knew the jurors deliberated the verdict.
3. Он сказал, что вердикт будет скоро вынесен.
a) He said the verdict would be reached soon.
b) He says the verdict will be reached soon.
c) He said the verdict had been reached.
4. Если бы я был адвокатом, я бы не взялся за такое дело.
a) If I were an advocate, I would not handle such a case.
b) If I had been an advocate, I would not have handled such a case.
c) If I am an advocate, I will not handle such a case.
5. Если он успешно защитит диссертацию, он получит степень магистра.
a) If he defended the dissertation successfully, he would get Master of Laws degree.
b) If he defends the dissertation successfully, he will get Master of Laws degree.
c) If he had defended the dissertation successfully, he would have got Master of Laws degree.
6. Если бы у меня был достаточный опыт работы, меня бы назначили судьей.
a) If I had had large practice, I would have been appointed judge.
b) If I had large practice, I would be appointed judge.
c) If I have large practice, I will be appointed judge.
Упр. IV: Переведите текст письменно
The legal profession in all parts of the United Kingdom is traditionally divided into barristers (advocates in Scotland) and solicitors. Barristers or advocates have the right to appear in all the superior courts of law. Solicitors spend most of their time advising clients and preparing legal documents, such as wills, conveyances, leases, and contracts. Barristers, however, prepare documents called ‘pleadings’. Normally, a barrister deals with his client through a solicitor. Barristers wear wigs and gowns when they appear in court. Senior barristers with busy practices may be appointed Queen's counsel (QC). A Queen’s counsel usually specializes in a certain type of law and normally appears with a junior barrister. The QC is known as the ‘leader’. A QC no longer prepares pleadings and so can spend more time on advocacy and specialized advice.
Barristers in England and Wales are all members of one of the Inns of Court. The Inns are situated in a small area of central London near the Law Courts. Each inn has its own hall, library, and other buildings. Many barristers’ chambers are located in the inns. Before graduates from law schools can become barristers they must take examinations. In order to practice at the bar, a barrister must work for one year as a ’pupil’.
Solicitors are all members of the Law Society, and must pass examinations as well as work for about two years for a qualified solicitor.
На основе следующих текстов составьте темы "Судебная система Великобритании" и "Профессия юриста":
The Judicial System of the UK
The structure of the court system in Britain is many-layered and almost incomprehensible. There is no comprehensive law regulating the organization and competence of the courts. The legal system for England and Wales (there are separate ones for Scotland and Northern Ireland) does not have a criminal or civil code. It is founded upon two basic elements: Acts of Parliament or statute law, and common law which is the outcome of past decisions and practices based upon custom and reason.
The courts of Britain are divided into two large groups: criminal courts and civil courts. Besides, there are many special tribunals, for example, industrial tribunals dealing with labour disputes and industrial injury compensation.
CRIMINAL COURTS are magistrates' courts and Crown courts. Magistrates' courts are courts of first instance. They deal with about 95 per cent of criminal cases. There are about 700 magistrates' courts in England and Wales. They are served by approximately 28,000 unpaid or 'lay' magistrates or Justices of the Peace (JPs), who have been dealing with minor crimes for over 600 years. JPs are ordinary citizens chosen from the community. A court normally consists of three lay magistrates who are advised on points of law by a legally qualified clerk. They may not impose a sentence of more than twelve months imprisonment or a fine of more than 5,000 pounds, and may refer cases requiring a heavier penalty to the Crown court. A Crown court is presided over by a judge, but the verdict is reached by a jury of twelve citizens, randomly selected from the local electoral rolls. Crown courts try serious cases such as murder, rape, armed robbery, fraud and so on. A person convicted in a magistrates' court may appeal against its decision to the Crown court.
CIVIL COURTS include county courts as courts of first instance and the High Court as a higher court. Briefly, the High Court has: the Chancery Division, dealing with company law, bankruptcy and the administration of estates of those who have died; the Family Division, concerned with family law, divorce, custody of children, etc.; and the Queen's Bench Division, considering appeals from lower criminal courts, as well as civil matters.
Appeals against decisions of the High Court and the Crown court may be taken to the Court of Appeal with its Criminal and Civil Divisions.
The highest court of the country is the House of Lords, which will consider a case referred from the Court of Appeal where a point of general public importance seems to be at stake. In practice, the Lords are represented by five or more of the thirteen Law Lords. Their decisions on both criminal and civil matters bind all other courts.
The Profession of a Lawyer
One of the most popular professions among the young people of our country is the profession of a lawyer. The profession of a lawyer is very interesting and diverse. Our country is building a rule-of-law state, and a lawyer should play a very important role in this process. The profession of a lawyer is quite necessary for regulating social relations in the state.
In Yekaterinburg, training lawyers is the task of the Urals State Law Academy, the Urals Law Institute, and of the law faculties of several higher schools, for example, of the Urals Institute of Economics, Management and Law, of the University of Humanities (the Liberal Arts University), the School of Private Law, and others.
Graduates of different law schools can work at the Bar, in the organs of the Prosecutor's Office, in different courts, in notary offices, in legal advice offices, in organs of tax inspection, in organs of militia, as well as in different firms, companies, banks, enterprises, etc. They can work as advocates, judges, notaries, investigators, prosecutors, jurisconsults, inspectors, customs officers, traffic officers, and other workers of law enforcement agencies.