Задания по "Муниципальному праву"

         To be a good specialist a lawyer should know many laws and their proper application. So, would-be lawyers study many subjects important for their future work. They study theory of state and law, civil law, civil procedure, criminal law, criminal procedure, labour law, criminalistics, criminology, and many others. Besides, any lawyer is expected to know human psychology  as throughout his/her career a lawyer will meet different people: children and adults; the sick and the healthy; the poor and the rich; educated and uneducated persons; people of different nationalities, languages and religions; victims, witnesses, suspects; first offenders and recidivists;  prisoners and general public. A lawyer has to deal with a variety of people and situations. That's why the profession of a lawyer may be considered to be very difficult and noble at the same time.

         As for me, I decided to become a lawyer because of the family tradition. My father graduated from the Sverdlovsk Institute of Law many years ago and he has been working as a prosecutor since. He told me much about the profession of a lawyer, about his work, about all the pros and cons of being a lawyer. I am sure in my choice. And I want to become a judge and work in a court. I know that under the Constitution of Russia I'll be able to work as a judge only  after graduation from a law higher school, at the age of over 25, having five-year experience in law, and after passing the qualification exam.  In this case I can be appointed judge of a district court. In performing my duties I'll have to be guided by law. In deciding a case I'll have to examine all the case evidence, interrogate the defendants, interview victims and witnesses, hear the experts'  findings, examine the physical evidence and do many other things. And I'll have to pass sentence which must be lawful, grounded and just.

Additional texts on the topic "The Profession of a Lawyer":

1. The Bar

In accordance with the Constitution, the main task of the Bar is rendering legal assistance to citizens and organizations. The Bar promotes the protection of the lawful rights and interests of citizens and organizations, the administration of justice, the observance of laws.

         Advocates are united into professional organizations - colleges of advocates (the Bar). A college is built on the principle of self-government, which means its right to decide its internal affairs independently.

         Members of the Bar give advice on juridical matters, oral and written information on legislation, draw petitions, complaints and other legal documents;  act as their clients' representatives in court, arbitration and other state organs for civil and administrative cases;  participate in the preliminary investigation and in court in criminal cases as counsels for the defence;  represent victims, plaintiffs, defendants.

         As a rule, colleges have their own legal advice offices.

2. Notary Service

There are many notary offices in our country. Their task is to check the legality of all transactions or documents they witness and to give legal advice and to render assistance to institutions, enterprises, organizations and individuals in protecting their legitimate interests. In doing so, notary offices establish identity, legal capacity and legal ability of the parties concerned, and the authenticity of their documents.

         The notaries and the entire staff of the notary offices are bound to keep all the matters they handle or come across in performing their duties, professional secret.

         Their duty also consists in helping applicants to make wills, in drawing deeds of gift, conveyance, purchase and sale. They attest wills, deeds and writings; verify copies of documents; certify translations of documents into foreign and native languages.

         Besides, they make measures to guarantee the safety of the property left by deceased persons, and they issue certificates granting the right to inherit this property.

3. The Prosecutor's  Office

The Prosecutor's Office in the tsarist Russia was established in 1722. The Russian Prosecutor's Office was founded in 1922. It exercises general supervision over observance of laws. Its main function is to see that all laws are correctly and uniformly applied throughout the country.

         Any citizen of the Russian Federation can complain to the Prosecutor's Office against violation of his/her rights. A prosecutor also has the right to appeal against all unlawful decisions and actions of state organs and officials.

         The Prosecutor's Office institutes criminal proceedings and investigates criminal cases. Investigators ascertain the circumstances under which crimes were committed, collect evidence against the perpetrators of crimes and their accomplices. Then courts try the cases submitting to them by the Prosecutor's Office, and the prosecutor brings a charge before the court in the name of the state. After the trial the prosecutor checks the sentences and judgements handed  down by the court as to their legality. He has the right to enter any appeal if in his opinion the sentence or judgement is erroneous.

4. Militia

Militia is the organization which is responsible for the safety of the public. It must provide full degree of security for the society and its citizens.

         The Russian Militia was founded on the 10th of November, 1917. Its tasks are: to maintain public order;  to combat, investigate and prevent crime;  to protect personal safety of citizens; to protect state, public, municipal, private and other forms of property;  to regulate traffic, etc.

         The Militia is now divided into the Criminal Militia and the Service of Public Security.

         When information about a committed crime is got, an investigative-operative group goes out to the crime scene. The group usually consists of an inspector on duty, an investigator, a field-criminalist, a medical expert. If necessary, some other experts join them.

         At the crime scene members of the group find, collect and protect evidence (fingerprints, footprints and  other traces of the criminal act) by means of investigative technique. They take pictures of the crime scene, make diagrams, etc. In short, they try to reconstruct the happening as to "what,  when,  how,  why  and  who". The crime scene examination is usually ended with drawing up a record.

Questions  on  the Topics:  

I.   The Judicial System of  the UK

1. How can one describe the court system of the UK?   2. What is the court system based on?   3. What groups are the courts divided?           4. What courts belong to the group of criminal ones?   5. What courts are courts of first instance?   6. How many cases do they try?   7. How many magistrates' courts are there in England and Wales?   8. How many Justices of the Peace work in them?   9. What sentences may magistrates impose?   10. How is the verdict reached in the Crown court?   11. Who may work as a juror?   12. What cases are tried by a Crown court?   13. What courts are called civil?   14. What divisions does the High Court consist of?   15. What cases does each of the divisions examine?   16. What can you say about the Court of Appeal?   17. What is the highest court of the country?

II.  The Profession of a Lawyer

1. What is one of the most popular professions nowadays?      2. How can you explain it?   3. What higher schools train lawyers?         4. Where can graduates of law schools work?   5. What professions of lawyers do you know?   6. What is necessary to become a good lawyer?   7. Why is it very important to know human psychology?   8. What profession of a lawyer have you chosen and why?   9. Where do you want to work after graduation from the Academy?   10. What will be your duties?

                                      Additional  Texts

1.    Law

Law is the set of enforced rules under which a society is governed. Law is one of the most basic social institutions – and one of the most necessary. No society can exist if all people did  just as they pleased, without regard for the rights of others. Nor could a society exist if its members did not recognize  that they also have certain obligations toward one another. The law thus establishes the rules that define a person’s rights and obligations. The law also sets penalties for people who violate these rules.

         In most societies, various government bodies, especially police agencies and courts, see that the laws are obeyed . Because a person can be penalized for disobeying the law, most people agree that laws should be just. Justice is a moral standard that applies to all human conduct. The laws enforced by government have usually had a strong moral element, and so justice has generally been one of the lawyer’s guiding principles. But governments can, and sometimes do, enforce laws that many people believe to be unjust. If this belief becomes wide-spread, people may lose respect for the law and may even disobey it. But in democratic societies, the law itself provides ways to amend or abolish unjust laws.

2.    Branches of Law

Law can be divided into two main branches: (1) private law and (2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and obligations people have as members of society and as citizens. Both private law and public law can be subdivided into several branches.

         Private law determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract. Private law can be divided into six major branches according to the kinds of legal rights and obligations. These branches are: (1) contract and commercial law, (2) tort, (3) property law, (4) inheritance law, (5) family law,  and (6) company law.

         Contract and commercial law  deals with the rights and obligations of people who make contracts. A contract is an agreement between two or more persons that can be enforced by law. A wide variety of business activities depend on the use of contracts. A business firm makes contracts both with other firms, such as suppliers and transporters, and with private persons, such as customers and employees.

         A tort   is a wrong or injury that a person suffers because of someone else’s action. The action may cause bodily harm; damage a person’s property, business, or reputation; or make unauthorized use of a person’s property.

         Property law  governs the ownership and use of property. Property may be real, such as land and buildings, or personal, such as a car and clothing. The law ensures a person’s right to own property.

         Inheritance law , or succession law, concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws which list the relatives or other persons who have first rights of inheritance.

         Family law determines the legal rights and obligations of husbands and wives and of parents and children. It covers such matters as marriage, divorce, adoption, and child support.

         Company law  governs the formation and operation of business corporations or companies. It deals mainly with the powers and obligations of management and the rights of shareholders.

3.    Public Law

Public law involves government directly. It defines a person’s rights and obligations in relation to government.

Public law can be divided into four branches: (1) criminal law, (2) constitutional law, (3) administrative law,  and (4) international law.

Criminal law  deals with crimes – that is, actions considered harmful to society. Criminal law defines these offences and sets the rules for the arrest, the possible trial, and the punishment of offenders. The criminal laws of each state must protect the rights and freedoms guaranteed by federal constitutional law.

Constitutional law.  A constitution is a set of rules and principles that define the powers of a government and the rights of the people. The principles outlined in a constitution form the basis of constitutional law. The law also includes official rulings on how a constitution’s principles are to be interpreted and carried out. Conflicts between a constitution and other laws are settled by constitutional law.

Administrative law centres on the operations of government departments. Administrative law is one of the most complicated branches of law. Governments set up many administrative departments to do the work of government. They deal with such matters as education, public health, and taxation. Other departments administer social welfare provisions, such as pensions and social security.

International law deals with the relationship among nations both in war and in peace. It concerns trade, communications, boundary disputes, methods of warfare, the uses of the ocean, and many other matters.

4.    Business Law

Business law, also called ‘commercial law’, is the body of legal rules that applies to everyday business transactions. In developing these rules, courts and legislatures have drawn upon the customs of merchants and traders. For this reason, the rules of business law are similar in many parts of the world. Modern trade requires highly specialized services, including the transport of goods by carriers, the transfer of credits by banks, and the spreading of risks by insurers. The powers and responsibilities of the parties involved in such commercial activities are detailed in the various branches of business law. Common topics of business law include the laws of contracts, agency, negotiable instruments, partnerships, companies, and insurance.

Business law helps assure that business agreements will be enforced in predictable ways. Most business disputes that cannot be resolved by the

ties involved are settled by litigation (court proceedings) or arbitration (out-of-court settlement by an impartial third party) .

         Arbitration is usually  faster and less expensive than a court case. The courts frequently enforce informal unwritten agreements. But written documents in standardized business form are essential for the quick handling of many types of transactions. The law  makes special provision for such common business papers as cheques, sale contracts, and insurance policies.

5.    Business Crimes

The economic costs of business crimes are often difficult to assess.  Some business crime may even be ‘victimless’ because no apparent harm is suffered by either party to the crime and because neither party wishes to make a formal complaint about the violation. When a corporation makes an illegal contribution to a political candidate, neither considers  itself a victim and neither makes a formal complaint.

         Most business crimes involve an obvious victim: a defrauded stockholder, a deceived customer, or a company which has lost money through employee theft. The direct cost of business crime surpasses the cost of such crimes as larceny, robbery, burglary, and auto theft.  The estimated loss from these four crimes is about $ 4 billion per year. This figure pales in significance when compared with an annual loss of  $ 40 billion from various white-collar crimes.

         The large losses from such business crimes as stock fraud may increase in the future with the acceleration  in the use of computer technology. Although the introduction of computers may reduce certain types of theft, because many people lack the skill to operate computers, it will also increase the opportunity for very costly crimes. The total annual loss from computer crimes averages  $10 or $ 15 million.

6.    Tort

Tort is a harmful act against a person that gives the person the right to collect money to pay for damage he/she has suffered. The law of tort  is concerned mainly with injuries to your person, your reputation, and your property or business. For example, if someone harms your reputation by making false statement about you, you have a right to be paid for damages caused you.

         Other torts include someone’s trespassing on your land or using your idea for a film script. Most damages that result from failure to keep a promise or perform a contract are covered under contract law.

         A tort may take place even though one person does not intend to harm another person. Many tort cases today result from injuries and damage in car accidents. The careful use of dynamite may be a tort if someone is injured by the explosion. Also, a tort may be committed by a corporation as well as by a person.

         A tort may also be a crime. If someone punches you in the nose, you can be paid for the injury. The state may also punish the person for breaking a criminal law. In tort law, the injured party normally is an individual who sues to recover damages for the harm done. In criminal law, the injured party is the government, which takes legal action to punish the wrongdoer for a crime against the public.

7.    Law Officers

Law officers are the chief legal advisers to the government of the United Kingdom. The law officers are the attorney general and the solicitor general for England, Wales, and Northern Ireland, and the lord advocate and solicitor general for Scotland.