94574

Just English. Английский для юристов: Учебное пособие

Книга

Государство и право, юриспруденция и процессуальное право

The Need for Law. An Outline of Lawmaking Process in Great Britain and the USA. The Court System of England and Wales. People in Law Cases in Great Britain. Types of Legal Professions. Solicitors and Barristers. Judges in Great Britain. The Court System of the USA. Attorneys in the USA.

Английский

2015-09-13

767 KB

62 чел.

Московский государственный университет им.М.В.Ломоносова

Факультет иностранных языков

кафедра английского языка для гуманитарных факультетов Центр общественных наук

КХЛ.Гуманова В.А.Королева М.Л.Свешникова Е.В.Тихомирова

Just English

АНГЛИЙСКИЙ ДЛЯ ЮРИСТОВ

Учебное пособие под ред. Т.Н.Шишкиной

Ассоциация "Гуманитарное знание", "Теис" Москва 1997

ББК   81.2АНГЛ.—923

Рекомендовано

Ученым советом факультета иностранных языков МГУ

им.М.В.Ломоносова, Советом по правоведению и Советом по

иностранным языкам УМО университетов России

в качестве учебного пособия для высших юридических учебных заведений.

Рецензенты

доктор филологических наук, профессор С.Г.Тер-Минасова, доктор юридических наук, профессор Н.А.Крашенинникова

Директор издательского проекта А.Ф.Настасяк Ведущий менеджер ЮА.Холоденко

Художник Е.Ю.Осипова Компьютерная верстка Е.Е.Вострокнутовой

Just English. Английский для юристов: Учебное пособие/ Ю.Л.Гуманова В.А.Королева М.Л.Свешникова Е.В.Тихомирова; Под ред. Т.Н.Шишкиной.-М.: Гуманитарное знание, ТЕИС, 1997.—198 с.

Учебное пособие подготовлено профессорско-преподавательским составом кафедры английского языка для гуманитарных факультетов МГУ им М В Ломоносова на основе учебной программы курса английского языка для юридических ВУЗов

ISBN   5—7218—0033—х

© Коллектив авторов, 1997

ПРЕДИСЛОВИЕ

Предлагаемое вашему вниманию учебное пособие предназначено для студентов-юристов и рассчитано на широкую аудиторию. В нем есть разделы и задания, которые могут успешно применяться при обучении студентов с разным уровнем знания. В учебнике используются современные аутентичные материалы, обработанные и адаптированные для студентов юридического профиля. Цель его - последовательно провести студентов по разделам специальной лексики и грамматики, на современных текстах ввести страноведческий материал и сформировать навыки работы с литературой по специальности.

Правовая лексика вводится тематически, закрепляется в разнообразных упражнениях и находит свое применение в дискуссиях и ролевых играх Дополнительная лексика и справочный материал содержатся в глоссариях к соответствующим главам Заключительные упражнения могут быть использованы как для самоконтроля, так и в качестве контрольных работ.

Учебник состоит из пяти глав и хрестоматии. В первой главе обсуждаются общие проблемы права и дается обзор правовых систем Великобритании и США Во второй главе детально рассматривается государственная и правовая системы Великобритании. Третья глава описывает государственную и правовую системы Соединенных Штатов. В четвертой главе анализируется система суда присяжных на примере США. Пятая глава посвящена проблемам уголовного права. В хрестоматию включены тексты различного уровня трудности на юридические темы.

Каждая глава снабжена заключительными упражнениями, страничкой юмора и глоссарием.

ТН Шишкина

Авторы выражают искреннюю благодарность рецензентам доктору филологических наук, профессору С.Г.Тер-Минасовой, доктору юридических наук, профессору НА.Крашенинниковой, преподавателям кафедры английского языка для гуманитарных факультетов МГУ Л.В.Александровой, Д.П.Карповой, Т.И.Тарасовой за помощь в работе над этой книгой.

Chapter I. LAW AND ORDER............................................................/W7

Unit I. The Need for Law............................................................................,.».*««Л

Unit II. An Outline of Lawmaking Process in Great Britain and the USA......*.*9

Unit III. The Court System of England and Wales............................................11

Unit IV. People in Law Cases in Great Britain...............................................».. 13

A.                  Types of Legal Professions...................................................................... 13

B.                    Solicitors and Barristers...........................................................................14

C.                 Judges in Great Britain....................................................................».......18

Unit V. The Court System of the USA........................,,....................................25

Unit VI. Attorneys in the USA...................................*41.„..,.......„„................л.27

Unit VII. Language Activities.....................................,...................,..................30

A.                               Radio Phone-in.......................................................,...............................30

B.                                Spy Photo Case...............................................................................».*-..„ 33

Revision.............................................................................................................34

Just for Fun..............................................................................................40,^36

Glossary.....................................................................„..,.......»,,,.,,......мн**4..,.**37

, !      *     *

Chapter II. GREAT BRITAIN,............................^.........,«.«>.^......:......43

Unit I. The System of Government......................,..4i«4,......w.U*.W4i,.............43

Unit II. Parliament.......................................,.......,.,.*»,........»,;*,...»**<..,„..............45

Unit III. A Member of Parliament...................................................k.................51

Unit IV. Elections..............................................................................................54

Unit V. The Royal Family..................................................................................59

Revision.............................................................................................................65

Just for Fun........................................................................................................68

Chapter III. THE USA..............................................................................71

Unit I. The Constitution....................................................................................Л1

Unit II. The System of Government..................................................................75

Unit III. The System of Checks and Balances...................................................85

Unit IV. American Federalism...........................................................................87

Unit V. Elections............................................................,..,..f........Y,...,............90

Unit VI. Language Activities. Glimpses of American History...........,......,.......94

Revision.............................................................................................................96

Glossary to chapters II and III............................................................................97

Chapter IV. YOU - THE JURY...............................................................103

Unit I. A Handbook on Jury Service....................„...............................„.........103

Unit II. Justice?....................................................................................„.^.....115

Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting..,..,.......118

Revision...........................................................................................................121

Just for Fun.......................,............................................................................. 122

Glossary...........................................................................................................123

Chapter V. CRIME AND PUNISHMENT.............................................128

Unit I. Crime...................................................................................................128

Unit II. Punishment..........................................................................................131

Unit III. A Policeman and the Criminal World................................................135

Unit IV. The World of Crime........................................................................... 143

Unit V. Language Activities. Let's Do Justice...............................................151

Revision...........................................................................................................154

Just for Fun......................................................................................................158

Glossary...........................................................................................................159

Reader...................................................................................................164

Part I. Famous Lives. Crime and Justice..........................................................164

Part II. Law Stories..........................................................................................181

Part III. Tom Sawyer Testifies.........................................................................192

Some words with difficult pronunciation.........................................................197

Some names with difficult pronunciation........................................................198

Chapter I

Law and Order

Unit I. The Need for Law..........................................................................7

Unit II. An Outline of Lawmaking Process

in Great Britain,and the USA...................................................................9

Unit III. The Court System of England and Wales.................................11

Unit IV. People in Law Cases in Great Britain......................................13

A.                    Types of Legal Professions...........................................................13

B.                     Solicitors and Barristers................................................................14

C.                    Judges in Great Britain..................................................................18

Unit V. The Court System of the USA...................................................25

Unit VI. Attorneys in the USA...............................................................27

Unit VII. Language Activities................................................................30

A.                                  Radio Phone-in............................................................................30

B.                                    Spy Photo Case............................................................................33

Revision..................................................................................................34

Just for Fun.............................................................................................36

Glossary..................................................................................................37

Unit I THE NEED FOR LAW

TASKl. Read the text.

Mr. Jones, having murdered his wife, was burying her in the garden one night, when his neighbour, hearing the noise, asked him what he was doing.

"Just burying the cat," said Mr. Jones.

"Funny sort of time to bury a cat," said the neighbour.

"Funny sort of cat," said Mr. Jones.

Now it is obvious to everyone that, in a community such as the one in which we live, some kind of law is necessary to try to prevent people like Mr. Jones from killing their wives. When the world was at a very primitive stage, there was no such law, and, if a man chose to kill his wife or if a woman

succeeded in killing her husband, that was their own business and no one interfered officially

But, for a very long time now, members of every community have made laws for themselves in self-protection. Otherwise it would have meant that the stronger man could have done what he liked with the weaker, and bad men could have joined together and terrorized the whole neighbourhood.

If it were not for the law, you could not go out in broad daylight without the fear of being kidnapped, robbed or murdered. There are far, fai more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone.

There is no difficulty in understanding this but it is just as important to understand that law is not necessary just because there are bad people in the world. If we were all as good as we ought to be, laws would still be necessary. If we never told lies, never took anything that didn't belong to us, never ommitted to do anything that we ought to do and never did anything thai \ve ought not to do, we should still require a set of rules of behaviour, in other words laws, to enable us to live in any kind of satisfactory state.

How ts one good man in a motor-car to pass another good man also in a motor-car coming in the opposite direction, unless there is some rule of the road? People sometimes hover in front of one another when the> are walking on the pavement before they can pass, and they may even collide. Not much harm is done then, but, if two good men in motorcars going in opposite directions hover in front of one another, not knowing which side to pass, the result will probably be that there will be two good men less in the world.

So you can see that there must be laws, however good we may be. Unfortunately, however, we are none of us always good and some of us are bad, or at any rate have our bad moments, and so the law has to provide for all kinds of possibilities. Suppose you went to a greengrocer and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle. You could go back to the shop, demand proper potatoes and hit the shopkeeper on the nose if he refused to give them to you. You might then look round the shop to try to find some decent potatoes. While you were doing this,

the shopkeeper might hit you on the back of the neck with a pound weight. Altogether not a very satisfactory morning's shopping.

Or you might pay your money to go to see a film at a cinema. You might go inside, sit down and wait. When the cinema was full, there might be flashed on the screen: "You've had it, Chums". And that might be the whole of the entertainment. If there were no law, the manager could safely remain on the premises and, as you went out, smile at you and say: "Hope you've enjoyed the show, sir." That is to say, he could do this safely if he were bigger than you or had a well-armed bodyguard.

Every country tries, therefore, to provide laws which will help its people to live safely and as comfortably as possible. This is not at all an easy thing to do, and no country has been successful in producing laws which are entirely satisfactory. But we are far better off with the imperfect laws which we have, than if we had none at all.

TASK 2. Answer the questions.

Rules, laws, regulations - What is your personal understanding of these words? Is there any difference between them?

TASK 3. Work in groups.  Make a list of arguments for and against the following statements.

1.                  Laws haven't changed since primeval times.

2.                 However hard people try, laws are always insufficient.

3.                 Laws are not for ordinary people, they are for lawyers.

TASK 4. Continue the list: chum, bloke, pal...

Unit II

AN OUTLINE OF LAWMAKING PROCESS IN GREAT BRITAIN AND THE USA

T.iSK 1. Read the following texts.

Britain

New legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages, called readings. The first reading is purely formal to introduce the bill. The second reading is usually the occasion for debate. After the second reading the bill is examined in detail by a committee. '                                                                                                                                                                                                                                                                             Thef bill is then returned to one of the houses for the report stage, when it can be attended if passed after its third reading, it goes to the other house. Amendments made to a bill by the House of Lords must be considered by the Commons. If the House of Commons does not agree, the bill is altered and sent bask to the Lords. In the event of "persistent disagreement between the two houses, Commons prevails.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           *

Finally, the bill goes to the reigning monarch for the royal assent Nowadays the royal assent is merely a formality. In theory the queen could still refuse her consent, but the last monarch to use this power was Queen Anne, who vetoed the unpopular Scottish Militia Bill in 1707.

United States

The US Congress, the lawmaking arm of the federal government, consists of two houses: the House of Representatives and the Senate. Any congressman in either house, or the president, may initiate new legislation.

The proposed legislation, or bill, is first introduced in the House of Representatives, then referred to one of the standing committees, which organizes hearings on it and may approve, amend or shelve the draft. If the committee passes the bill, it is considered by the House of Representatives as a whole. If passed there, it goes to the Senate for a similar sequence of committee hearings and general debate.

In cases of disagreement, the House of Representatives and the Senate confer together. Once passed by the Senate as a whole, the bill has to be examined by two more standing committees - the Committee on House Administration and the Senate Committee on Rules and Administration - and is then signed by the speaker of the House and by the president of the Senate.

Finally, it must be signed by the president, who has the right to veto it. If the president vetoes a bill, it can still become a law - but only if it is passed by a two-thirds majority in both houses of Congress.

TASK 2. Answer the questions.

1.                  In which House does new legislation usually start?

a) in Great Britain

b) in the USA

2.                  What is a bill ? How does a bill become a law ?

a)                in Great Britain

b)                in the USA

3.                 Who has the right of veto ?

11

a)                 in Great Britain

b)                in the USA

TASK 3  Work in groups. Find as many differences   (similarities) in the lawmaking in GB and the USA as possible.

Unit III  V THE COURT SYSTEM OF ENGLAND AND WALES

TASK 1 Read the text and examine the chart.

The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30,000 magistrates.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.'

Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords; (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.

The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths)! There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

The legal system in England and Wales

(The system т Northern Ireland is similar, but the system in Scotland is quite different and separate)

The House of Lords

3 Law Lords

Civil courts

Criminal courts

Court of Appeal        1-3 judges, no jury                                                                                                                                                                                                                     High Court     1-3 judges, no jury

County Courts 1 judge, no jury

Crown Court 1 judge + jury

Magistrates' Courts 3 magistrates, no jury

TASK 2. Find in the text the English equivalents for the words below.

-                общее право;

-               решение суда;

-              уголовный кодекс;

-               гражданский кодекс;                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

-                мировой судья;

-              Суд Короны;

-              гражданское дело;

-               суды графств;

-                 Европейский суд по правам человека;

-                 правовая система;

-                 суд по делам несовершеннолетних;

-                правонарушитель;

-                 насильственная смерть;

-                 уголовное дело.

TASK 3. Use the information given above to answer the questions.

1.                   Who is responsible for making laws in Britain?

2.                       In the United Kingdom, what is the difference between criminal and civil law?

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

4.               Name three other types of British courts.

13

TASK 4. Work in pairs and discuss the following.

Which courts do you think would deal with:

a)                a bank robbery?

b)              a divorce case?

c)               a burglary committed by a fifteen-year-old?

d)              a drowning?!r-^' -      <-

e)               a case of driving too fast?

Unit IV PEOPLE IN LAW CASES IN GREAT BRITAIN

A. Types of Legal Professions

TASK 1. Read this classification.

SOLICITORS

There are about 50,000 solicitors, a number which is rapidly increasing, and they make up by far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates' court.

*     BARRISTERS

There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are cfui'te separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).

JUDGES                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ,

There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.

JURY                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ,

С    A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in

14

elections). The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 /

MAGISTRATES

There are about 30,000 magistrates (Justices of the Peace or JPs), who fjudge cases in the lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.

CORONERS

Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.

, CLERKS OF THE COURT

Clerks look after administrative and legal matters in the courtroom. v **

TASK 2 Choose the correct definition for each legal profession mentioned in the text.

'\ (a) an officer acting as a judge in the lower courts. - (b) a public official with authority to hear and decide cases in a law court.

(c)                 a group of people who swear to give a true decision on issues of in a law court.

(d)                         an official who investigates the cause of any death thought to be violent or unnatural causes.

(e)                a lawyer who has the right to speak and argue in higher law courts.

(f)                    a lawyer who prepares legal documents, advises clients on legal and | speaks for them in lower law courts.

B. Solicitors and Barristers

TASK 1 Before listening to thq Jape, read the following text

<                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     , J

v England ^is almost unique in having two different kinds of lawyers, with separate Jobs in the legal system. The two kinds of lawyers are solicitors and barristers.*^ *'i«

If а рег«Ш1 has a legal problem, he will go and see a solicitor.

Almost every town will have at least one. In fact there are at least 50,000

^    xi solicitors in Britain, and the number is increasing

\

the

15

Many problems are delalt with exclusively by a solicitor. 'For'instance, solicitor deals with petty crimes and some matrimonial matters in

Magistrates' Courts, the lowest Courts. He prepares the case and the 'evidence. ^He Actually speaks Court for you.

In a civH action he can speak in the County Court, when the case is one of divorce or recovering some deMs. In the County Court the solicitor wears a black gown over his ordinary clothes.

A ^olicitor also deals with matters outside Court. He does the legal work involved in buying a house, for Instance. He writes legal letters for you and carries or» legal arguments outside Court. If you want to make a will the best man to advise you is a solicitor.

To qualify as a solicitor, a young man or woman joins a solicitors a "clerk" and works for him whilst studying part time for the "Law Sdciery" exams. Interestingly enough, it is not necessary for you to go to university. When you have passed all the necessary exams, you can "practice", which means you can start business on your own.

Barristers are different from solicitors. Barristers are experts in the

f                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   i   J$V

interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on ^advocacy (the art of presenting cases in Court). Indeed,r if you desire" representation in any Court except* me Magistrates' Court, you must have a barrister, with one or two exceptions.

Barristers are rather remote figures. If you need one, for irisbnc'e, you never see him without your solicitor being with him. Barristers do not have public offices in any street They work in „wfyat are known as chambers', often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs^ In many ways the remoteness they have and the job they do are medieval in conception. 71» To qualify as a barrister you have to take the examinations of the Bar

A U      О    <

Council.  These are different from solicitors' examinations. There are pver    f 5,000 barristers in England. A good one can earn 30,000 pounds a year.1 Only "*" barristers can become judges in an English Court above a Magistrates' Court.

*Barristers are also found in South Africa and New South Wales (Australia)

TASK 2. Answer the questions

1.                   What is almost unique about the English legal system?

2.                   What kind of problems does a solicitor deal with? 3 How do you qualify as a solicitor?

4.                   What are barristers experts in?

5.                   When must you have a barrister?

16

6.                 What reasons are there for saying a barrister is rather remote?

7.                 How do you qualify as a barrister?

TASK 3. Read the following text and answer the questions

One of the most important figures in the British legal system is the solicitor.i-It is his job to advise you on legal matters of all kinds. If you get into 'trouble with the police you will probably ask a solicitor to help prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       } , ^ ltl , v

On this tape a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels when he knows the man he is

A* \A'i»                                                                                                                                                                                                                                                              )     >

defending is guilty.   He gives his reason for defending someone in these circumstances.

K>Jc       с

1.                  What are the two main jobs of a solicitor?

2.                  What does the young solicitor talk about on the tape?

TASK 4. Listen to Part 1 of the tape.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /

The solicitor says why he thinks thefts occur and then gives his views on violence.

he

TASK 5 Match each word or expression on the left with the correct definition on the right.

a)              motive

b)               there's a patte)(h of...

c)              we'll do that house

d)               broken homes

TASK 6. Answer the questions.

1.                                  the same thing occurs again and

a§ain

2.                   families in which either the father or mother has left

3.reason

4. we'll rob this house

1.                   What is the strongest motive for theft?

2.                   What pattern often occurs in lives of people involved in theft?

3.                   What house do robbers usually choose?

4.                   What background do robbers most often come from?

17

TASK 7. Listen to Part 2 of the tape.

The solicitor describes a case of a violent crime he has had to defend.

TASK 8. Explain the meaning of the following words and expressions.

a)                fair degree of seriousness (of a crime);

b)              to chase sb.;

c)              to assault sb.

TASK 9. Answer the questions.

1.                 After what event in his life did the man become a criminal?

2.                   Why couldn't the man keep any job for very long?

3.                  How serious was the crime that this man committed?

4.                   Where did the crime occur?

5.                      Where was the elderly man sitting when the criminal beat him ? Why did the criminal beat him?

6.                     What information did the solicitor obtain about his defendant (before starting to work on the case)?

TASK 10 Listen to Part 3 of the tape

The solicitor explains why he defends people who admit they are guilty. Then he gives an example.

_7

TASK 11. Match each word or expression on the left with the correct definition on the right.

a)                witness

b)                 crosis-examme

c)               witness box

d)                evidence

e)                defence

f)                allege

2-6858

1.                  everything witnesses say in court: facts, etc.

2.                 where witnesses stand in court.

3.                  someone who sees a crime or an accident

4.                  ask all witnesses involved in a case questions

5.                                  to say something happened though the fact hasn't been proved yet

6.                  all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.

t «i A

18

TASK 12. Answer the questions.

1.                   What reputation does the solicitor's firm have?

2.                   Why does the solicitor defend people he knows are guilty?

3.                 Describe what he has been told in the case he has at the moment.

4.                   What will his client do in court?

5.                 What exactly will the solicitor do? What will he ask questions about?

6.                 How does the solicitor feel about what he has to do?

*' TASK 13. Discuss the following.

1.                                       Are you satisfied with the solicitor's reasons    for defending guilty people? Say why you are or are not.

2.                     What would happen if solicitors refused to do their best for people they think or know are guilty?

C. Judges in Great Britain

TASK 1. Before listening to the tape, read the following text and answer the questions.

In Britain, the vast majority of judges J (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). / They are ordinary citizens >ho are selected not because they have any legal training but^because they have "sound common sense" and understand their fellow^Kuman befogs. They give up time voluntarily.

A small proportion of judges are not

Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for гагяге than a year. High Court Judges, unlike Magistrates, are paid зашпезо^ the State and have eonsiderable legal training.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows, who is on the special committee in their area. The committee tries to*araw\lviagistrates from as wide a variety of professions and social classes as possible. ,

19

i J On this tape, a Magistrate describes the sort of people who come before

him, gives examples of a few typical cases and finally talks about the difficulty of deciding between when to help a person and when to punish him.

1 . What kind of people are Magistrates?

2.                  Why are they selected?

3.                   Who would judge a person who had committed a crime like murder?

4.                   Who selects Magistrates and what is 'unusual about'the system?

5.                  What does the Magistrate on the tape talk about?

TASK 2. Listen to Part 1 of the tape.

Magistrate talks about the sort of people who come before him.

TASK 3. Match each word or expression on the left with the correct definition on the right.

a)                 inadequate                                                                                                                                                                                                                                                                                                                                                                                                                                                             1. the main impression

b)              punishment                                                                                                                                                                                                                                                                                                                                                                                                                                2. not to have enough sympathy

c)                overwhelming impression                                                                                                                      3. treat too softly d)insufficiently concerned with                                             4. inadequacies

e)                 shortcomings                                                                                                                                                                                                                                                                                                                                                                                                 5. the prison sentence or fine given to a

criminal

f)              molly - coddle                                                                                                                                                                                                                                                                                                                                                                              6. used for people who somehow lack

the necessary intelligence or maturity to make a success of their lives TASK 4. Answer the questions.

1.                  What word does the Magistrate use to describe most of the people who come before him?

2.                  How, according to him, do they react to situations?

3.                   What does he think most of them need?

4.                  What sort of things does the public say about criminals?

5.                   What sort of people has the public sympathy for?

6.                   What sort of people has the public not enough sympathy for?

20

TASK 5. Work in pairs. Discuss the following.

"Criminals should be punished." How do you feel about that?

TASK 6. Listen to Part 2 of the tape.

The Magistrate describes a serious case he had recently, in which it was difficult to decide what to do.

TASK 7. Match each -word or expression on the left -with the correct definition on the right.

a)                forgery

b)              post office savings book

c)              put on probation

d)                old age pensioner

e)                seriously in debt

f)                a fine

1.                             punishment in the form of money you have to pay the Court

2.                  owing other people a lot of money

3.                              an old person receiving a pension (money from the State )

4.                                     allowed to remain free but only under supervision

5.                                           signing a check or some other document with another person's name

6.                                     many people have a post office savings account. They put sums of money in the post office. When they want to take money out, they take this small book to the post office with them

TASK 8. Answer the questions.

1.                  What exactly had the woman done? Give details?

2.                   What do you learn about the woman herself?

3.                 He could have sent her to prison or fined her. Did he?

4.                   What finally happened to the woman?

5.                 What were the reasons for this?

21

TASK 9. Discuss the following.

Do you agree or disagree with what the Magistrate did? Give your reasons.

TASK 10. Combine the folio-wing pairs of sentences into one according to the model.

MODEL: We had a case. A woman stole a post office savings book. We had a case of a. woman -who stole a post office savings book.

a)                 We had a case. Someone attacked a man.

b)                I remember having a case. Three men broke into a house.

c)                 I've never had a case. A man robbed a bank.

d)               A colleague had a case. A young boy took a motor cycle.

TASK 11. Listen to part 3 of the tape.

The Magistrate describes two less serious cases. In both of them, it was easier to decide what to do.

TASK 12. Match each word or expression on the left with the definition on the right.

1.                                            being found guilty of anything before

2.                    she had planned what she was going to do

3.                   something that makes you feel pity

4.                 to be mixed up, unclear about what you aredoing or what is happening

e) she had set out on a deliberate 5. to be accused by the police in court expedition

a)                charged with

b)               pathetic

c)                confused

d)               previous convictions

TASK 13. Answer the questions.       r

1.                  The two women were both the same in one way. In what way?

2.                  How does the Magistrate describe the first woman?

3.                   What exactly does he say about "sleeping pills" in her case?

4.                   What did he with her and why?

5.                   What was different about the second woman?

6.                  What happened to her?

22

TASK 14 Discuss the following.

1.                         "There is no definite proof about the sleeping pills and the first woman. The Magistrate would have been right to send her to prison". Discuss it.

2.                        Why was it easier to decide what to do with the second woman?                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          '

TASK 15. 1. Make the sentences containing reported questions according to the model.

MODEL: How many had she taken? Nobody knew. Nobody knew how many she'd taken.

a)                How confused was she? It's difficult to say.

b)                When had she last had a pill? We couldn't find out.

c)                Where had she got the pills? The doctor didn't know.

d)                How many things had she stolen? The police couldn't say.

e)               How much were the things worth? Nobody asked.

2. Make sentences containing the ing-form according to the model.

MODEL: There was no question of confusion of mind.(fming her) There was no question of fining her.

a)                              sending her to prison

b)                            putting her on probation

c)                             being to soft

d)                            not punishing her somehow

e)                            not knowing what she was doing

TASK 16. Listen to part 4 of the tape.

The Magistrate says why he gives help in some cases and punishment in others.

TASK 17. Explain the meaning of the expressions.

a)              to feel desperate;

b)                on the other hand.

TASK 18. Answer the questions.

1.                  Why does the Magistrate feel desperate sometimes?

2.                   What does he have to consider when he sees that someone needs help?

23

3.                 What would happen if some people were left free?

4.                 What does he say would happen if people were never punished?

TASK 19. Discuss the following.

From what the Magistrate has said throughout the tape, do you think he is too "soft", too "hard" or what? Why?

TASK 20. 1. Make sentences containing reported questions according to the model.

MODEL: It depends. How anti-social has their action been? It depends how anti-social their action has been.

a)                              It depends. What did he do?

b)                              You must consider. How much has a man done?

c)                              It all depends. How many times has a criminal been in prison?

d)                               I always consider. What is his background?

e)                              It depends. How serious is the crime?

2. Make conditional sentences according to the model. MODEL: People must be punished. If people were not punished crime would increase. Discipline must be taught. If discipline weren't taught, crime would increase.

a)                               Things like this must be done.

b)                              The law must be enforced.

c)                             Fines must be given.

d)                              People must be sent to prison.

e)                              Magistrates must be firm.

TASK 21. Read the text and answer the questions.

The Innocent and the Guilty

Imagine, if you can, that you have been arrested for somethingjlike shoplifting, or for dangerous driving, or for getting drunk and causing "a disturbance of the peace". You are in a Magistrates Court now.

You, "the accused", are in a kind of large, open box. The sides come up almost to your chin. It is on a raised platform almost in the centre of the court and is called "the dock". You are "in the dock". There are three

24

Magistrates "on the bench" in front of you. At least one of them is, Ј„woman. They are also on a raised platform, at desks, side by side. In frdnt of and below them there is another man. He is the "Clerk of the Court" and he, unlike them, is framed in the law and is paid for his work. During your case he will handle the administrative details and perhaps give advice to the Magistrates on legal points.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       „ /

The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what you said, what he said, and so on. tYour solicitor questions, or "cross-examines" hirrfoOne of the Magistrates speaking for all three, also asks questions.' Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence. "Everyone is innocent urileVs proved guilty". In other words, you do not have to prove that you are innocent. The police have to prove you are guilty.

At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand>The Magistrate who has done the talking for the others tells you whether they have found you innocent or guiltv^He can sentence you to no more than six months in gaol for one offence, to a maximum of one year for two or more offences or to a fine of 400 pounds.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  i

"^ДМоге serious cases are heard'in the Crown Court,-Avhere the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a "trial by jury". Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence.

Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and details of the case are given. Find such an article if you can from an English local newspaper. It will give you an idea of the kind of cases that can be tried in such a court.

1.                   What are the names of at least three offences (less serious than crimes) for which people are tried in a Magistrates' Court.

2.                   What exactly is meant by "the dock"?

3.                   If you are "in the dock", what and who do you see is front of you?

4.                        If you are the accused, describe what these people will do during your case.

a)                            the policeman who arrested you

b)                             your solicitor

c)                              one of the three Magistrates

d)                           the other two Magistrates

e)                            witnesses

25

5.In what way, with regard to framing and pay, is the Clerk of the Court different from the Magistrates?

6.                     What is the longest term a Magistrates' Court can sentence anyone to?

7.                   Where are more serious cases heard?

UnitV -t THE CeURT SYSTEM ФР THE USA

TASK 1. Examine the chart and read the text.

US Supreme Court Opinions

Ut^ ^_______(Approximately 140 signed opinions)

Original jurisdiction

(Approximately 10 cases)

Request for review (Approximately 4200 petitions and ___     appeals)        ___

From Federal Administrative Agencies___

US Courts of Appeals (36,000 cases)

State Courts of Last

Resort (60,000 cases)

State Intermediate Appellate

Courts (130,000 cases)

US District Courts

(94 Courts) (280,000 cases)

State Trial Courts (27,000,000 cases)

The Organization of the Federal Courts Today

C/^Hf   I

The American court system is complex. It functions as part of the federal system of government. Each state runs its own court system, and no two are

26

<fc " т 1. In additic

identical. In addition, we have a system of courts for the national government. These federal courts coexist with the state courts.

Individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. They can sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are resolved in the state courts.

i The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US district courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court. To appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts,\ with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases; the judges in these courts are known as generalists.

TASK 2. Find in the text the English equivalents for the -words below.

-                 сосуществовать;

-                 частные лица;

-                  суды штатов;

-                  подать иск;

-                 федеральные суды;

-                  подавляющее большинство;

-                  подпадать под юрисдикцию;

-                разрешить дело в судебном порядке;

-                 ярус;

-                 Верховный суд;

-                  судебное разбирательство, тяжба;

-                  окружные суды;

-                высшие суды;

-                 аппеляционные суды;

-                 исключение;

-                  низшие суды;

-                 суд последней инстанции;

-               рассматривать дело.

TASK 3. Answer the questions.

1.                    Who is responsible for making laws in the US?

2.                Name American courts in the descending order.

3.                   In what way are the federal courts organized?

4.                   Where does litigation begin?

27

5. What does the word "to appeal" mean? TASK 4. Fill in the blanks.

The Federal and State Court Systems

The federal courts have three tiers: (a)^/ * '(-*"' "' of (b)gijpf"' с;' /i and the (c) /   "(xP/Vfc Court. The (d)_, was created by the Constitution; all other (e) created by Congress. Most litigation occurs in (f)t/iJiT> structure of (g)

(h)______

intermediate (j)

courts, courts

_/____Court

courts were ^courts.  The

_____ courts varies from state to state; usually there are

for less serious cases, (i)________for more serious cases,

State courts

courts, and courts of last (k)_

were created by state constitutions.

Unit VI

ATTORNEYS IN THE USA

TASK 1. Read the following text.

Growth of the Profession

Today, the number of awyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. Twenty-five years ago, there was one lawyer for every 70P people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth through the end of the century.

Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyer^, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards.

There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services. Materialism and individualism in American culture encourage dispute. Federalism gives separate legal

28

systems for each state plus the national government. Advertising can now create demand for legal services, too. Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the government. The expression of group demands in a culture that encourages lawsuits thrusts on the courts all manner of disputes and interests^ Is it any wonder that America needs all the lawyers it can train?

TASK 2. Find in the text the English equivalents for the words below:

-                 превышать;

-                 премия;

-                  адвокатская практика;

-                 уровень роста населения;

-                 средняя заработная плата;

-                  опытные юристы;

-                 система сдержек и противовесов;

-                 оставить спорные вопросы на рассмотрение суда;

-                создать спрос на что-либо.

TASK 3. Answer the questions.

1.                  Why is the number of lawyers in the US increasing?

2.                   What factors create demand for legal services?

TASK 4. Read the text.

US Attorneys

The Justice Department is responsible for faithful execution of the laws under the president's authority. The main administrators of federal law enforcement are the ninety-four US attorneys, appointed by the president with the advice and consent of the Senate. Unlike federal judges, these appointees serve at the pleasure of the president and are expected to relinquish their positions when the reins of government change hands.

There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount of litigation in the district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district.

29

US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the Southern District of New York (covering a large portion of the New York metropolitan area). Over the next five years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized crime figures, and Wall Street inside traders. Giuliani's activities generated reels and reams of favourable press coverage, he even appeared on a Newsweek cover. This kind of public exposure qan helrj^a US

launch a potential

sucgessful career in elected office, opponentftjmliani's name must make

s a powerful some politicians

TASK 5. Paraphrase the following expressions.

a)                faithful execution of laws;

b)               under somebody's authority;

c)                 consent;

d)                appointee;

e)              to relinquish;

f)                amount of litigation;

g)              to prosecute; h) elected office; i) inside traders; j) press coverage;

k) to harbour political ambitions; 1) to launch a career.

TASK 6. Answer the questions.

1.                  What is an attorney in the US? How is he appointed?

2.                  When does an attorney resign?

3.                   What does the number of assistant attorneys in federal judicial districts depend on?

4.                   What makes attorneys so important in American communities?

5.                  How do attorneys in the US realize their political ambitions?

6.                        What example in the text proves that US attorneys harbour political ambitions?

30

TASK 7. Work in pairs. Discuss the difference between the American and British lawyers.

Unit VII LANGUAGE ACTIVITIES

A. Radio Phone-in

1. Have you ever had any legal problems ? Such as

-                      your neighbours' bathroom leaked into your ceiling, and they do not want to pay damages;

-                       you were delayed by a metro accident and missed an important business appointment;

-                           a couple you know intends to  divorce but they cannot decide who their favourite pressure-cooker should belong to;-

-                     you rent an apartment and pay for 3 months in advance.At the end of the second month your landlady demands extra fee...

What are the ways to solve these problems?

TASK 2. Read the letters below from a weekly magazine. Choose the right decision to each problem.

A. Annoyed

The other weekend I bought a jacket for my son in a sale. When I got home he said it was too small and refused to wear it. So I went back the next day and asked them to exchange it for a larger size. Unfortunately they didn't have a larger size and when I asked for my money back they refused, saying

31

that no refunds wer$ given on sales goods. Are they within their rights to do this?

B.                 Worried

Myself and two friends have been renting a house near the college we go to for the last two years. The landlord has now decided he wants us to leave and has more or less said that we have to be out within the next two weeks. We have nowhere else to go and with exams coming up shortly we would rather stay where we are. Friends of ours are saying he can't get us out unless we have signed a contract agreeing to go. Is this right?

C.                  Exhausted

I have been living in what used to be a very quiet area for about a year now but in the last few months it has changed completely - if I had known this would happen I would never have bought my house. Opposite me there is now a fish and chip shop which fries day and night except for Sunday - the irhell is disgusting and so are all the empty paper bags all over the street. It doesn't close until after midnight so every night there are people shouting, radios blaring, car doors slamming - I never seem to get a night's sleep these days and it's beginning to affect my work. Is there anything I can do about it?

A: 1) They must give you your money back, or a credit note.

2) They are not obliged to do anything. B: 1) He can get you out if he needs the house back for his family.

2) Your friends are right. C: 1) There is nothing you can do except move.

2) If the disturbance happens regularly you can ask a solicitor to to them. Discuss your answers in groups.

TASK 3. Listen to the tape. A legal expert, Charles Andrews is answering the telephone calls. Match the caller with his or her letter. Put a circle round the appropriate letter below. First caller:    ABC Second caller:    ABC

TASK 4. The following words and phrases were used in the tape. Guess their meaning and explain them.

-                rent book;

-               to keep on sb.;

-               to get sb. down;

32

-               to keep pestering;

-                a court order for possession;

-               to sue for harassment;

-               to regain possession of;

-                a chance of staying put;

-               a complex issue;

-               Legal Aid;

-               to be legally obliged;

-                 faulty;

-                credit note;

-                purchase.

TASK 5. Complete the following summaries, using the words listed below each summary.

a) Shops are not legally 1. back or 2.

______^ to give you your money

goods if the items are bought in a 3.____^_ although

most big stores would probably give you a 4.________Ј________if

you had a 5._________.

receipt;   sale;   credit note;   obliged;   exchange

b) Stephen is not 1.________an agreement but he pays 2._____

monthly. The 3.      '____does not live in the house and 4._____no

services.   He has to write formally   asking them to leave   - at least   a

5._______ in   advance.   Unless he wants the   house for himself  or

6._______ j _______,      Stephen    is    probably    a protected

7.

month ; rent; provides; landlord ; tenant; his family ; signed

TASK 6. Write a letter of reply to "Exhausted", suggesting what she might do. Use expressions like:

if I were you

why don't you

you should

have you thought about

jng?

33

B. Spy Photo Case

LAli YEII:  III TO SPESTO A HAY 188 THE 11ОЖ SI»Y |»HOTO CASE COVE.II LAST A WEEK

Di has given a witness statement and the case is expected to last a week.

Anthony Jylius, head of litigation at her solicitors Mishcon de Reya, said it was possible she would give evidence for up to a day.

Mr. Julius said: "The principle is that people who break confidences shouldn't profit from their bad behaviour."

Di has refused pleas to settle privately against New Zealander Mr. Taylor, who took the shots with a hidden camera, and Mirror Group Newspapers which published them.

The Princess wants an order against Mr. Taylor and MGN for profits they made.

Mr. Julius said the profits could top one million pounds - and that the Princess may well decide to give any money she recovered to charity.

Mr. Taylor's solicitor, Razi Mireskandari, said: "If she doesn't appear I would say her case is much, weakened."                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             j

PRINCESS Diana could spend a whole day in the witness box in her battle over peeping-tom photos, her lawyer confirmed last night.

Di is determined to get public revenge and huge damages over sneakily-taken pictures of her exercising in a gym in a leotard.

Decide

Next February 13 has already эееп set as the date for the start of ler High Court hearing against Mirror Group Newspapers and ex-gym boss Згусе Taylor.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       /

TASK 1. Find in the text the English equivalents for the words and phrases below.

-                 свидетельское заявление;

-                  подтверждать ;

-                  свидетельская ложа;    '*/ / 1 he ! "  *

-                в суде;                                                                                                                                                                                                                                                                                                            >

/   - слушание в Высоком Суде;    jvqk

-                  публично отомстить;  v        •>   ^

-                тяжба;    !       -» ' /^

-                 адвокат;                                                                                                                                                                                                                                         , •                                                                                                                                                                                                                                               /

Jt

о о '

с

34

-                быть решительно настроенным что-либо сделать;

-                получить компенсацию за убытки;

-               вторгаться в частную жизнь;

-                уладить дело в частном порядке;

-               благотворительность;    V С"4f

-              давать свидетельские показания;

-                получать прибыль;

-               возместить деньги в судебном порядке.

TASK. 2. Explain the meaning of the expression "peeping - torn photos".

TASK 3. Imagine yourself a journalist at a press-conference. Here are the people present:

-               Princess Di

-                ex-gym boss Bryce Taylor and photographer

-                 MGN representative

Ask them all sorts of questions.

Revision

TASK 1'. Complete the following sentences with the correct names of courts^,

A.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ^

The most   common type of   Law Court in   Great Britain is thfe1'

(a)^°<^'-    court. More serious criminal cases then go to (b)____court.

Civil cases are dealt with   in (c)___;__   courts. Appeals are heard by

(d)_t£ \_l       courts. The highest court of appeal in England and Wales   is

(e)_'i'r     Certain cases may be referred to (f)_____ in Luxembourg.

The legal system also includes (g)__ll__l courts   (which deal with

offenders under seventeen) and (h)____(_(_ courts (which investigate violent,

sudden  or  unnatural  deaths).  There  are also administrative (i)' ч >л •* which deal with   professional standards, disputes between individuals, and disputes between individuals and government departments.

B.

courts.

1.                  Most litigation in the US occurs in___

2.                     The____Court was created by the Constitution, all other _

courts were created by Congress.

3.                  Cases are primarily heard in the courts of_____jurisdiction.

35

4. At the bottom of the system of American courts are the middle there are  ' '

courts. In

court. They review cases

5. To appeal means to take a case to a that have been decided in                                                                                                                                                                                                                        courts.

TASK 2. Complete the following sentences with the words and phrases from the box, using them in the correct form.

to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence; at random; solicitor; the dock.

1. If a person in Britain has a legal problem, he will go and see a

^ - '    * In the US, he will go and see a_____. 2. A case of divorce is a

_____. 3. If you want to_____your debts, your case will be heard in the

County Court. 4._____is an expert in the interpretation of law. He is also

an expert on_____ (the art of presenting cases in Court). 5. Coroners who

have medical or legal training j;____violent or unnatural deaths. 6. A jury

consists of twelve jurors who are ordinary people chosen '**     1 ^from the Electoral Register.  7.  In a Magistrates' Court the  accused is placed in

. 8. A defence lawyer in court the accused if he

the witnesses. 9. A judge

TASK 3. Give definitions of the following words and expressions.

a) to allege; b) forgery; c) to put on probation; d) witness-box; e) accomplice; f) appeal; g) bankruptcy; h) a gaol; i) litigation; j) damages.

TASK 4. Complete the following sentences by substituting the words and expressions in brackets for their synonyms.

1.                  Th£ president of the US has the right to (refuse the assent of) a bill.

2.                      To become a law a bill must not only be adopted in both houses of Parliament, but also get (the queen's approval).

3.                            A bill is first (put forward) in the House of Representatives, then referred to one of the standing committees which organizes (debates) on it and may (agree on it), (change it) or shelve the draft.

4.                     A bill can still become a law only if it is (enacted) by (the greater number of the members) (2/3) in both houses of Congress.

36

Just for Fun

,\Qt"  "t

When asked to explain the difference between an ordinary citizen and a lawyer, a well-known barrister explained, "If an ordinary citizen gave you an orange, he would say, "I give you this orange." But if a lawyer gave you an orange, he would say, "I hereby give, grant and convey to you all my interest, right, title and claim of and in this orange, together with all its rind, skin, juice and pulp, and all right and advantage therein with full power to bite, cut, suck, or otherwise eat or consume the said orange, or give away or dispose of to any third party the said orange, with or without its rind, skin, juice and pulp, subject to any amendments subsequently introduced or drawn up to this agreement."

***

"Have you anything to say for yourself before I pass a sentence?" the judge frowned at the pickpocket. "Just what good have you ever done for

mankind?"

"Well, Your Honour", ventured the prisoner, "I've helped several

reporters, prison guards and you keep your jobs".

***

A woman visited her family solicitor and said, "I'd like to go over my will again, Mr Jenks. I'm a bit worried about..."

"Don't you worry about a thing, Mrs Smith", said the solicitor, "just

leave it all to me."

"I suppose I might as well," said Mrs Smith with a sigh. "You'll get it

all in the end!"

***

Visitor: "What terrible crime has this man committed?" Jailer: "He has done nothing. He merely happened to be passing by when "Gyp the Blood" tried to kill a man, and he is held in prison as a

witness"

V. "And where is "Gyp the Blood"?"

J. "He is out on bail".

***

"I don't want a lawyer to tell me what I cannot do; I hire him to tell me

how to do what I want to do."

J. Priepont Morgan

*** Murphy's Law: If anything can go wrong, it will.

37

Whistler's Law: You never know who's right, but you always know

who's in charge.

***

Oak's principles of law-making:

Law expands in proportion to the resources available for its enforcement.

Bad law is more likely to be supplemented than repealed.

Social legislation cannot repeal physical laws.

***

The rule of law:

If the facts are against you, argue the law.

If the law is against you, argue the facts.

If the facts and the law are against you, yell like hell.

Glossary

accuse (v)(of) - to charge with an offence, crime; to blame. Accuse/! (adj)- a person charged with an offence, the defendant in a criminal case.

accuser (n)- a person who accuses. Accusation (n)- charge of wrongdoing; allegation. advocate (n) - 1. a person who defends or supports a cause or proposal 2. a professional pleader before tribunal or court. advocacy (n) - 1. active support or pleading. 2. the function of an advocate. I/ allege (v)- to assert without proof or before proving.

-                alleged (adj).

allegation (n) - statement of what one undertakes to prove. amend (v) - see Ch. 11,111.

/appeal (v) - to take a case to a higher court for rehearing and a new decision.

appeal (n) - a legal proceeding by which a case is brought to a higher court for review.

-                  Court of~.

appoint (v) - 1. to fix or name officially. 2. to select for an office or position.

-               appointment (n).

appointee (n) - a person who is appointed. argue (v) - to consider arguments for and against; discuss. ~ a case.

38

assent (v) - to agree to sth. assent (n) - agreement.

-               royal ~.

attorney (n) -1. sb. with legal authority to act for another.

2. (US) - lawyer. bankrupt (n) - a financially ruined person whose estate is administered

under the bankruptcy law for the benefit of his /her creditors.

bankruptcy (n) - 1. being bankrupt.

2. utter failure, impoverishment, or destitution. barrister (n)(Br.)-a lawyer who has the right to plead as an advocate in

an English or Welsh superior court. bench (n) - 1. any of the long seats on which members sit in parliament.

2.                 a judge's seat in court.

3.            judges or magistrates hearing a particular case collectively. bill (n) - a formal proposal for a new law.

-                to defeat a ~.

-               to introduce a ~.

-                to pass a ~

-              Bill of Rights - see Ch. II, III.

branch (n) - ~ of government - a division of an organization of

government (e.g. the legislative, the executive, the judicial).

-of law- a distinct area of law (e.g. civil, criminal, etc.). burglary (n) - see Ch. V. "civil (adj) - relating to private rights and remedies sought'by civil.

actions (as contrasted with criminal proceedings).

~ action - action brought to enforce, redress or protect

private rights.

~ case - a court case that involves a private dispute arising

from such matters as accidents, contractual obligations and

divorce.

~ rights - powers or privileges guaranteed to individuals and

protected by the constitution.

~ servant - a government officer. commit (n) - ~ a crime - to carry out. consent (n) - compliance in or approval of what is done or proposed.

-               consent (v).

consensus (n) - general agreement, unanimity. convict (v) (of) - to find or prove to be guilty.

'convict (n) - a person serving a prison sentence.

-conviction (n). coroner (n) - a public officer whose principal duty is to inquire into

the cause of any unnatural death.

39

~'s court. courtroom (n) - the portion of a courthouse in which the actual

proceedings take place. criminal (adj) - relating to crime or its punishment (as contrasted with

civil).

~ act - commission of a crime.

~ action - an action, suit or cause instituted to punish a criminal.

~ case - a court case involving a crime, or violation of public

order. criminal (n) - a person who has committed (or being convicted of)

a crime.

_cross-examine (v) - see Ch. V. damage(s) (n) - see Ch. V. debate (n) - see Ch. II, III. defend (v) - 1. to maintain by argument in the face of opposition or

criticism.

2. to act as a legal representative in court.

defence (n) (US defense) - a defending party or group in a court

of law.

~ lawyer, attorney

defendant (n) - a person, company, etc. against whom a criminal

charge or civil claim is made. dispute (v) - to argue, to call into question.

dispute (n) - legal controversy, debate. dock (n) - the prisoner's enclosure in a criminal court. enforce (v) - to put into execution.

-~a law

-                enforcement. evidence (n) - see Ch. V. fine (n,v) - see Ch. V. forgery (n) - see Ch. V.

guilt (n) - responsibility for offence.

guilty (adj) (of) 1. having committed a crime, or other breach of

conduct.

2. responsible for a crime or tort or other offence or fault.

to find sb. ~ - to prove sb's guilt in court.

to plead ~ - to admit one's guilt in court (vs. to plead not ~). hearing (n) - a trial in court. innocence (n) - being free from guilt or sin.

-                 innocent (adj).

introduce (v) -1. to present formally.

2. to announce formally or by an official reading.

,/jur

40

- ~ a bill, a law. investigate (v) - see Ch. V. jail (n) (Br. also gaol) - a prison.

to jail (v). judge (n) - a public official authorized to decide questions brought

before a court.

judge (v) - to act as a judge. jurisdiction (n) (of a court) - the power, right or authority to apply the

law.

original - - the authority of a court to hear a case before any

other court does.

appellate ~ - the authority of a court to hear cases that have

been tried, decided, or reexamined in other courts. juror (n), jury (n) - see Ch. IV. justice (n) - 1 . proper administration of laws.

2. title given to judges (e.g. the US Supreme Court, appellate

courts).

Justice of the Peace - see Ch. 11 juvenile (adj) (court) - a court with special jurisdiction over

delinquent and dependent young people. kidnap (v) - see Ch. V.- VbOX ^7 u&

(n) - 1 . a rule of conduct formally recognized as binding or

enforced by authority.   '

2. the whole body of such rules.

lawful (adj) - allowed by law, legal.

lawsuit (n) - a noncriminal case in a court of law.

lawyer (n) - a person licensed to practice law. legal (adj) - 1. recognized and permitted by law.

-Aid- the system of payments from public funds to those who

cannot afford legal advice or representation. litigate (v) to carry on a lawsuit. к litigation (n) - a lawsuit.

litigant (n) - a person engaged in litigation. magistrate (n) 1 . (Br.) an inferior judicial officer, such as Justice of the

Peace.

2. (US) (since 1 99 1 ) a judicial officer appointed by judges of federal

district courts having many but not all of the powers of the judge

(they may conduct civil or misdemeanour criminal trials). majority (n) - see Ch. II, III. matrimonial (adj) - relating to marriage. ~ matters %&k \«b£&v   <-   _   ^7 murder (v,n) - see Ch. V/ Ц051

0

41

offence (n) (US offense) - an illegal act or omission punishable under

criminal law.

offender (n) - a person who has committed an offence. order (n) (court ~) - a written direction of a court or judge which

determines some point or directs some step in the proceedings. pass (v) (a bill, law) - to enact or to sanction the adaptation by the

majority of votes.

~ a sentence - to pronounce judicially. petition (n) - a formal written request to a superior.

-           petition (v).

-           petitioner (n).

petty (adj) - small, minor, of less or inconsiderable importance.

~ offence - a minor crime, the maximum punishment for which is

generally a fine or a short term in jail.

~ sessions (petty sessional courts) - Magistrates' court, plaintiff (n)-see Ch.IV. plea (n) - 1. an allegation made by a party in support of his/her

case.

2. an accused person's answer to an indictment. "" plead (n) - 1. To argue a case as an advocate in a court.

2.                 to make or answer an allegation in a legal proceeding.

3.                 to make a specified plea. (~ guilty/not guilty).

pleading (n) - a formal written allegation made by a party in a legal

action.

preside (v) - to exercise guidance, authority or control over. probation (n) - see Ch. V. ЦбиЬ^ТЦКм5 £L proceedings (n) - the form and manner of conducting juridical business

in a court.

prosecute (v),prosecution (n),prosecutor (n) - see Ch. IV. punishment (n) - see Ch. V. Ь^-УЛ^СиС. reading (n) - an act of formally reading of a bill that constitutes any of

the three successive stages of approval by a legislature. recover (v) - to get back, regain possession or use of.

-                 ~ debt, money.

reign (v) - to hold office as head of state, although possessing little governing power.

-                -ing monarch. rob (v) - see Ch.V.

shelve (v) (a draft) - to remove from active service, to put off or aside. shoplifting (n) - see Ch.V. Ц Q{ №& 9 <lu*u ш ^u (\ q К solicitor (n) - a qualified lawyer who advises clients, represents them in

42

the lower courts, and prepares cases for barristers to try in higher courts.

standing committee (n) - a permanent congressional committee that specializes in a particular legislative area.

theft (n) - see Ch. V.2ofc<xx5 «&d

,tiy?v^"S&Ch.IV. tribunal (n) - a court dealing with professional standards, disputes

between individuals and government departments (e.g. over taxation). violence (n) - 1. unjust or unwarranted exercise of force, usually

accompanied with outrage or fury. 2. force unlawfully exercised against the laws and against public

liberty.

violent (adj) death - death caused by violent, external means, as

distinguished from natural death.

violation (n) - the act of breaching of right, duty or law. veto (n) -the president's disapproval of a bill that has been passed by

both houses of Congress.

-                veto (v).

will (n) - a written legal declaration of the manner in which sb. would have his/her property disposed of after his/her death.

-                 to make a ~

witness (v) - to testify, to act as legal witness.

~ box (Br.); ~ stand (US) - an enclosure in which a witness testifies in court.

witness (n) - a person who testifies to what he has seen, heard or otherwise observed; a person whose declaration or affirmation under oath is received as evidence for any purpose.

43

Chapter II

Great Britain

Unit I. The System of Government.........................................................43

Unit II. Parliament..................................................................................45

Unit III. A Member of Parliament..........................................................51

Unit IV. Elections...................................................................................54

Unit V. The Royal Family.............................................................„........59

Revision..................................................................................................65

Just for Fun.............................................................................................68

Unit! THE SYSTEM OF GOVERNMENT

TASK L Before reading the text, tell the class what you remember about the system of government in Great Britain.

TASK 2 Read the text.

In theory, the constitution has three branches: Parliament, which makes laws, the government, which "executes" laws, i.e. puts them into effect, and the law courts, which interpret laws. Although the Queen is officially head of all three branches, she has little direct power.

Parliament has two parts: the House of Commons and the House of Lords. Members of the House of Commons are elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. The Prime Minister, or leader of the Government, is also an MP, usually the leader of the political party with a majority in the House of Commons.

The Prime Minister is advised by a Cabinet of about twenty other ministers. The Cabinet includes the ministers in charge of major government departments or ministries. Departments and ministries are run by civil servants, who are permanent officials. Even if the Government changes after an election, the same civil servants are employed.

44

The House of Lords consists of the Lords Temporal and the Lords Spiritual. The Lords Spiritual are the Archbishops of York and Canterbury, together with twenty-four senior bishops of the Church of England. The Lords Temporal consist of hereditary peers who have inherited their titles; life peers who are appointed by the Queen on the advice of the Government for various services to the nation^ and the Lords of Appeal (Law Lords) who become life peers on their judicial appointments. The latter serve the House of Lords as the ultimate court of appeal. This appeal court consists of some nine Law Lords who hold senior judicial office. They are presided over by the Lord Chancellor and they form a quorum of three to five when they hear appeal cases.

TASK 3. Analyze the chart Give Russian equivalents for the words in bold type. The System of Government

Sovereign

The Queen is head of government,

she makes laws with Parliament

and she is head of the courts

TASK 4. Answer the questions.

1. Which of these people are not elected: a peer, an MP> a civil servant, the Prime Minister?

45

2.                    What is the difference between life peers and hereditary peers, Lords Temporal and Lords Spiritual?

3.                  What are civil servants?

4.                    Which areas of government do these people deal with: the Chancellor of the Exchequer, the Home Secretary, the Lord Chancellor?

5.                                           Find two examples of executive organisations outside central government.

TASK 5. Work in pairs and discuss the following questions.

1.                               What differences are there between Parliament and the Government?

2.                       What are the similarities and differences between the UK parliamentary system and that of your your own country?

Unit II PARLIAMENT

TASK 1. Complete the following text with the words and expressions from the box.

The House of Commons

Cabinet;*benches; &.

backbenchers;,"                                                                                       Budget; \ ^

Prime Minister; "r                                      Speaker ; 6

ministers^; t!-                                                                                                                                                      front bench

debates; -C^C                                                                                                                                                               Opposition;

Foreign Secretary; О Shadow Cabinet;

Home Secretary; ^Leader of the Opposition;

Chancellor of the Exchequer.

46

47

ЧлД,

This is the House of Commons, where Members of Parliament take their

i       -.!

seats on the green leather (a)^ Г/ ^1 ь   according to their party and position. One of them is chusen to be the (b)      } _ , who acts as a kind of

Т, cliairman of the

which take place in the House. In front of him

•_.._;. The one who deals with financial matters and prepares the

j_______speech on the economic state of the country is called

Ј,.-..*        Opposite this group sits the (n)________ (the

on his right sit the MPs of the biggest party, which forms the government, and

facing them sit the MPs of the parties who oppose them, the (d) ^ ______.

The leaders of these two groups sit at the front on each side. MPs without special positions in their parties sit behind their leaders at th,e back. They are called (e).l ^ . •'. *"* <, The leader of the government, the (f)_^_li_i____, sits

on the government (g)J_______, 'of course, next to his or her

(h)________. The most important of these form the (i) Л M> *____. The

minister responsible for relations with other countries is called the (j) '< '*0n".v.f лЗДэе one responsible for law and security is called the (k)___ nual the (m)i#

main person in the largest party opposing the government) and the (о), ч > * , each member of which specializes in a particular area of government. ' * ''

TASK 2. Read the text.

Making New Laws: Bills and Acts

The functions of Parliament are: making laws; providing money for the government through taxation; examining government policy, administration and spending; debating political questions.

Every year Parliament passes about a hundred laws directly, by making Acts of Parliament. Because this can be a long process, Parliament sometimes passes a very general law and leaves a minister to fill in the details. In this way, it indirectly passes about 2,000 additional rules and regulations.

No new law can be passed unless it has completed a number of stages in the House of Commons and the House of Lords. The monarch also has to give a Bill the Royal Assent, which is now just a formality. Since 1707 no sovereign has refused a Bill. Whilst a law is still going through Parliament it is called a Bill. There are two main types of Bills - Public Bills which deal with matters of public importance and Private Bills which deal with local matters and individuals.

Public and Private Bills are passed through Parliament in much the same way. When a Bill is introduced in the House of Commons, it receives a formal first reading. It is then printed and read a second time, when it is debated but not

amended. After the second reading the Bill is referred to a committee, either a special committee made up of certain members of the House, or to the House itself as a committee. Here it is'discussed in detail and amended, if necessary. The Bill is then presented for a third reading and is debated. If the Bill is passed by the Commons it goes to the Lords, and provided it is not rejected by them, it goes through the same procedure as in the Commons. After receiving the Royal Assent the Bill becomes an Act of Parliament. In order to be enforced, it must be published in Statute form, becoming a part of Statute Law. ,The power of the Lords to reject a Bill has been severely curtailed. A money Bill must be passed by the Lords without amendment within a month of being presented in the House. The Act of 1949 provides that any Public Bill passed by the Commons in two successive parliamentary sessions and rejected both times by the Lords, may be presented for the Royal Assent, even though it has not been passed by the Lords. The Lords, therefore, can only delay the passage of a Public Bill, they cannot reject it.

TASK 3. Find in the text the English equivalents for the following expressions.

-                 абсолютное большинство;

-                 отклонить законопроект;

-                выдвинуть законопроект;

-                 налогообложение;

-                внести поправку в законопроект;

-                 обсуждать политические вопросы; / - королевская санкция;

* - ассигновать деньги для нужд правительства;

-                 принять закон;

-                 обсуждать законопроект;

-                  подробно обсудить;

-                  направить законопроект на рассмотрение;

-                отложить принятие законопроекта.

TASK 4. Explain the meanings of the folio-wing expressions from the text.

' Statute Law;

-              to be published in Statute form;

-               to receive a formal reading;

-               to enforce an Act of Parliament;

-               to be severely curtailed;

-                 a money Bill.

48

TASK 5. Analyze the chart. Give Russian equivalents for the words in bold type. How Bills Go through Parliament

f First Reading \

Publication is

announced Second Reading General debate on

principles

Committee Stage

Detailed discussion

in committee

Report Stage

Committee reports to

the House Third Reading Formal review of contents of the Bill .

/^ If the Bill has Л^ been introduced in the

Commons, it is then reviewed in the Lords Some Bills start in the

Lords and then go to the Commons

The Lords have less

formal methods of

debating Bills They

can delay but not stop

v        a Bill         i

f   The Bill is ^

signed by the Queen and becomes

law

The Royal Assent

is still read out in

Parliament in

Norman-French

\,"La reyne le veult'V

TASK 6. Answer the questions.

1.                   What is the difference between a Bill and an Act of Parliament?

2.                  What are the two types of Bills? Discuss the difference between them.

3.                  How many readings should a Bill receive to become an Act?

4.                    What is the role of the House of Lords in law-making process?

5.                   Which of the two Houses of Parliament has more power?

6.                   How does a Bill go through Parliament? How efficient and democratic is this process, in your opinion?

TASK 7. Read the text.

The Executive

The executive can be divided into the three parts.

The Privy Council: The Privy Council developed from a small group of royal advisers at court into the chief source of executive authority. But its position was weakened in the eighteenth and nineteenth centuries as more of its functions were transferred to a developing parliamentary Cabinet.

49

Today its main role is to advise the monarch on a range of matters, like the resolution of constitutional issues and the approval of Orders in Council, such as the granting of Royal Charters to public bodies. The most important task of the Privy Council today is performed by its Judicial Committee. This serves as the final court of appeal from those dependencies and Commonwealth countries which have retained this avenue of appeal. It may also be used as an arbiter for a wide range of courts and committees in Britain and overseas, and its rulings can be influential.

The office of Privy Councillor is an honorary one, conferred, for example, on former Prime Ministers.

The Ministry: The Ministry is the government of the moment. The head of the Ministry is the Prime Minister. The functions of the Prime Minister are: leading the majority party; running the Government; appointing Cabinet Ministers and other ministers; representing the nation in political matters.

Upon accepting office the Prime Minister must form a government, that is, select a cabinet and ministry from among the Members of Parliament of his own party. The Cabinet constitutes the centre of the government and is composed of about 20 of the most important ministers. All major decisions of the Government are made by the Cabinet, and therefore it is the Cabinet which forms Government policy. Decisions made by the Cabinet must be unanimous, i It makes its decisions collectively and is collectively responsible to Parliament.

After the Prime Minister has formed his cabinet, he selects the rest of his ministry. Most of these ministers are the political heads of Government Departments and are members of one of the Houses.

Government Departments: Government departments are responsible for implementing Government policy. Each department is headed by two people: a political head who is usually the minister, and an administrative head from the Civil Service, called a permanent secretary. They are responsible for a permanent staff which is part of the Civil Service. There are many such departments, for example the Home Office, the Department of Education, the Ministry of Defence, etc. The most important department is the Treasury, and the Prime Minister is usually its political head. It is the Department which controls the economy of the nation.

As well as government departments there are government agencies formed to operate public services, e.g., the Post Office, British Rail, etc. Most of these agencies are subject to the control of one of the government departments.

V

TASK 8. Give Russian equivalents for the following words and expressions.

-                  The Privy Council;

-                Royal Charters;

-                Commonwealth;

4-6858

50

-                The Ministry;

-               Government Departments;

-                Civil Service;

-                The Home (Foreign) Office;

-              The Treasury.

*TASK 9. Find in the text the English equivalents for the following expressions.

-                вступать в должность;

-                сформировать правительство;

-                круг вопросов;

-                  почетная должность;

-                 единогласное решение;

-                  осуществлять политику правительства;

-                  подлежать контролю. 4

TASK 10. Answer the questions.

1 . What are the functions of:

a)                 Parliament;

b)               the Prime Minister;

c)               the Privy Council;

d)              the Cabinet;

e)               the Government Departments?

2.                   Who does the Cabinet consist of?

3.                  What is "collective responsibility"?

4.                  Who is each department headed by? What are their functions?

5.                  What is a government agency?

TASK 11. Work in pairs and discuss the following questions.

1 . What is the difference between the Constitutions of the United Kingdom and the United States? 2. If the Prime Minister wants to introduce a new law, what are the functions of the following: the Cabinet; the House of Commons; the House of Lords; the Queen? 3. What are the features of the British Constitution which you consider important? Compare them with the Constitution of your own country.

TASK 12. Write a description of the constitutional system of your own country, using the texts above as a model.

51

Unit Ml A MEMBER OF PARLIAMENT

TASK I. Do you know? Work т groups and give answers to the following questions.

1.                      What are the main political parties in Great Britain? What is the difference between them?

2.                                       What kind of people do you think might stand for Parliament in Great Britain?

TASK 2. Read the text.

Members of Parliament in Great Britain

Each Member of Parliament (MP) represents one of 650 constituencies in the UK. British elections are usually fought between political parties, not individuals. Therefore, people who want to be elected to Parliament need to be \nominated by one of the main political parties.

There is nothing to stop unconventional candidates from standing for election, however. A candidate has only to put down a deposit of 500 pounds and collect ten signatures from residents in the constituency where he wants to stand. A candidate who gets less than 5 per cent of the total votes loses his deposit. For somebody who is standing for election for publicity purposes, this is a small price to pay.

Although MPs will support a particular party, they are not controlled by that political party and theoretically do not have to vote with their party in Parliament. MPs represent everyone in the constituency, not just the people who voted for them.

A lot of MPs' work has nothing to do with voting in Parliament. There are hundreds of things MPs have to deal with in the day-to-day business of constituency life, such as housing or health care. MPs are there to help people and to try to make sure their rights under the law are not violated.

Some MPs hold an advice bureau in their constituencies, where people can go for advice. Anyone who feels that he has been unfairly treated by the central government can complain to their local MP who will do his best to see that the problem is solved.

Members of Parliament have been paid salaries since 1911. The rate has lately been nearly twice the average industrial worker's wages. Since 1965 the allowances for travel, living in London, and paying part-time secretaries and research assistants, have all been increased. Still many MPs insist that they

52

need to have outside earnings, through journalism, work in the law courts or business, to enable them to live up to the standard they expect.

TASK 3 Find in the text the English equvalents for the following phrases.

-                 обращаться за советом;   f"'"

-                 баллотироваться в своем избирательном округе; ^

-                  нарушать права;

-                выдвинуть свою кандидатуру от партии;

-                собирать подписи;    •                                                                                                                                                                                                                                                                                                                                                                                                 с f '       N

-                 участвовать в избирательной кампании в рекламных целях;

-                 средняя зарплата рабочего;                                                                                                                                                                                                                                                     -\с {

-                 несправедливо обойтись с кем-либо. \ ( ,                                                                                                                                                                                                                                ,

TASK 4. Complete the following text with the words and expressions from the box, using them in the appropriate form.

A.

M»y.iiv '. --- • —

to appoint; to elect(2); 

prominent; proportion(3); 

local councils; to appeal. 

minority^1

M 

Some people suppose that there are few women and members of the

ethnic (a)_______in Parliament. In 1979, Margaret Thatcher became the

first woman Prime Minister, yet she never (b) >> _ ^ a woman to her

Cabinet, and until 1983 the (c), / I "* of women (d)_______to the

House of Commons was under 5% In the election in 1992, 59 women (e)^i__L__ to the House of Commons. This total is still below the (f)_______in other European countries.

Although the Conservatives choose few women as their candidates for the House of Commons' seats, women are very active in the affairs of the party

as a whole. The Labourists have also tried to (g)_______to women voters

by giving women (h)_______ positions. In all parties, a higher

(i)_______ of women is elected to (j)_                                                                                                                                                                                                                                                                                        than the House of

Commons. B. 

constituency; manifesto; 

private sector;    opposition;       inflation; unemployment; general election. 

1)                The United Kingdom is divided into 650 parliamentary

2)              A_____   takes place every four or five years.

53

3) Before an election, each party prepares a their policies.

which outlines

the >

4) An important Conservative policy was the rerurn of state industries to

5)                       During the period of Conservative government,____

4% for the first time in nearly thirty years.

6)                However,__                                                                                                                                                                                                                           continued to be unacceptably high.

fell to

official

7) While the Conservatives were in power, Labour formed the

TASK 5. Answer the questions.

1.                    Who can stand for elections in Great Britain?

2.                       What does the job of an MP consist of? Is it a job you would like to do?

3.                    Who does an MP represent?

4.                   Is the job of an MP a well-paid one?

5.                              Are there many women in Parliament in Great Britain? Can you compare this proportion to the proportion of women in the legislative body in your country?

TASK 6 Before listening to the tape read the following information and answer the question.

Diane Abbot is a member of Parliament for Hackney in North London. On the tape she describes life in the House of Commons. She is going to make a complaint about her job. In pairs, decide what you think is the most likely and the least likely complaint from the list.

-                  She isn't paid enough;

-                 She doesn't have any free time;

-                  She hasn't got a desk or a telephone;

-                Her office is too small;

-                There is too much work to do.

TASK 7 Listen to the tape and see if you were right in your answers to the questions in Task 6 Answer the questions

1.                    What is Diane Abbot's background?

2.                   What was one of her earliest ambitions?

3.                      How long had Ms. Abbot been an MP when the interview took place?

4.                    What four things does she dislike about her job?

5.                   What is unusual about her being an MP?

54

6.                  What three influences does Diane give for her interest in politics?

7.                    What three things does she like about her job?

8.                  When is she going to get her missing office equipment?

9.                   What two thing^ are noticeable about her fellow MPs*7

TASK 8. Explain the meanings of the folio-wing words and expressions used in the interview.

-               to listen avidly;

-                 an underclass of British society;

-              to be exposed to unfairness and injustice;

-                 an amateur place;

-                a "clubby" atmosphere;

-                backbiting;

-                 to get fed up with;

-                 a male-dominated place.

TASK 9. Work in pairs and discuss the following questions.

1.                    What is the equivalent of MPs in your country?

2.                       What does their work involve? List their responsibilities and write a short paragraph describing their work.

Unit IV ELECTIONS

TASK 1. Complete the following text with the words and expressions from the box.

election campaign;   support;     polling day;      ballot box;

vote;    predict;                                                                                                                                                                                                                       opinion poll;     polling station;   candidate.

People sometimes try to (a)

______the result of an election

weeks before it takes place. Several hundred people are asked which party they prefer, and their answers are used to guess the result of the coming election.

This is called an (b)_________. Meanwhile each party conducts its

(c)__________ with meetings, speeches, television commercials, and

party   members   going   from   door  to   door   encouraging   people   to

55

(d).

(e)

called a (f)

(g)_____"

Jheir party. In Britain everyone over 18 is eligible to

__• The place where people go to vote in an election is

and the day of the election is often known as

and later they are counted. The (i) declared the winner.

TASK 2. Read the text.

. The voters put their votes in a (h)

with the most votes is then

The Election Timetable

The British government is elected for up to five years, unless it is defeated in Parliament on a major issue. The Prime Minister chooses the date of the next General Election, but does not have to wait until the end of the five years. A time is chosen which will give as much advantage as possible to the political party in power. Other politicians and the newspapers try very hard to guess which date the Prime Minister will choose.

About a month before the election the Prime Minister meets a small group of close advisers to discuss the date which would best suit the party.

The date is announced to the Cabinet. The Prune Minister formally asks the Sovereign to dissolve Parliament.

Once Parliament is dissolved, all MPs are unemployed, but government officers continue to function.

Party manifestos are published and campaigning begins throughout the country, lasting for about three weeks with large-scale press, radio and television coverage.

Voting takes place on Polling Day (usually a Thursday). The results from each constituency are announced as soon as the votes have been counted, usually the same night. The national result is known by the next morning at the latest.

As soon as it is clear that one party has a majority of seats in the House of Commons, its leader is formally invited by the Sovereign to form a government.

TASK 3. Find in the text the English equivalents for the phrases below.

-                  избирательный округ;

-                  правящая партия;

-                 вопрос первостепенной важности;

-                дать кому-либо преимущество;

-                 сформировать правительство;

-                 широкое освещение предвыборной кампании в прессе;

56

-                 объявить дату выборов;

-                 объявить результаты выборов;

-                  иметь большинство мест в палате общин;

-                распустить парламент;

-                  подсчитывать голоса;

-                   потерпеть поражение в парламенте.

TASK 4 Read the text.

Political Parties

The main parties in the UK are the Conservative party (right wing), the Labour party (left wing) and the Liberal Democrats (centre).

The Conservative party goes back to the Tories, or Royalists, who originated in King Charles' reign (1660-1685). The Tories were the party that supported Church and King; the other main party at the time were the Whigs, who were a group eager for political reform. The Tory party gave way to its successor, the Conservative party, in around 1830.

The Conservative party believes in free enterprise and the importance of a capitalist economy, with private ownership preferred to state control.

In 1899 the Trade Union Congress summoned a special conference of trade unions and socialist bodies to make plans to represent labour in Parliament. The proposal for such a meeting had come from Thomas Steels, a member of the Independent Labour Party which had been formed in 1893. The conference met in February 1900 in London and has always been looked on as the foundation of the Labour Party. The Labour party believes that private ownership and enterprise should be allowed to flourish, but not at the expense of their traditional support of the public services.

There has been a Liberal party in Great Britain since 1868 when the name was adopted by the Whig party. The Whig party was created after the revolution of 1688 and aimed to subordinate the power of the Crown to that of Parliament and the upper classes. In 1981 a second centre party was created by 24 Labour MPs. It was called the Social Democratic party, and soon formed an alliance with the Liberal party. They formed a single party which became the Liberal Democrats after the 1987 election.

The Liberal Democrats believe that the state should have some control over the economy, but that there should be individual ownership.

There are other political parties within the UK. The Green party offers economic and industrial policies that relate directly to the environment. The Scottish Nationalist Party wants independence for Scotland within the European Community. Plaid Cymru - the Welsh Nationalist Party - is determined to preserve the Welsh language and culture as the foundation of a distinctive

57

Welsh identity within the UK. Its radical wing has resorted to arson attempts as a means of protest.

TASK 5. Explain the meanings of the folio-wing words and expressions.

-                free enterprise;

-               to flourish;

-                at the expense of;

-               to subordinate;

-                environment.

TASK 6. Answer the questions.

1.                   What are the origins of the main political parties in Great Britain?

2.                   What political priorities do the main political parties in Britain have?

TASK 7. Work in pairs and compare the major (the minor) political parties in Britain to those in your own country.

TASK 8. Read the text. Choose the statement that you like most and develop the idea.

The 1987 General Election

From   the   Conservative   Party From the Labour Party Manifesto Manifesto

The National Health Service: "Because we have created a sound economy, we are in a position to spend more than ever before on the National Health Service." Defence: "We will keep the nuclear deterrent and invest in a new nuclear system with Trident." Unemployment: "As long as we continue with our successful policies for a sound economy and more training schemes, unemployment will fall to acceptable levels."

The National Health Service: "We will spend more money on the NHS and recruit more staff.

Defence: "We will ban all nuclear weapons on British soil."

Unemployment: "We will increase expenditure on civil works, more training schemes and more jobs in the state sector, creating a million jobs in the next two years."

58

Taxation: "We will raise taxes to fund our plans for reducing unemployment." Education: "We will spend more on equipment and    reduce class sizes. Teachers will regain the right to strike."

Taxation: "We wttl continue to cut

taxes."

Education: "We will set a basic

syllabus with new examinations and

tests to ensure that our children are

learning."

Priorities:   "The   most   important

problem facing the next government

of Britain is to ensure the continued

growth of the economy."

TASK 9. Answer the questions.

1.                           In 1987 which of the biggest British political parties supported the following policies?

a)               a ban on nuclear weapons;

b)                cuts in taxation;

c)               a basic national education syllabus;

d)               more jobs in the state sector;

e)                an increase in taxation.

2.                 How is the date of a British general election decided?

TASK 10. Work in pairs and discuss the following question.

If you were a British voter, which party do you think you would vote for and why?

TASK 1. Read the texts.

59

UnitV THE ROYAL FAMILY

The Sovereign

"Her Most Excellent Majesty Elizabeth the Second by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith."

/The Queen is the official Head of State and, for many people, a symbol of the unity of the nation. For a thousand years England (and later the whole of the United Kingdom) has been united under one sovereign, a continuity broken only after the Civil War, by the republic of 1649 to 1660. The hereditary principle still operates and the Crown is passed on to the sovereign's eldest son (or daughter if there are no sons).

The Queen has a central role in state affairs, not only through her ceremonial functions, such as opening Parliament, but also because she meets the Prime Minister every week and receives^copies of all Cabinet papers.

ki                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      However, she is 'expected to be impartial or

"above politics", and any advice she may offer the Prime Minister is kept secret.

Functions of the Sovereign:

-                 opening and closing Parliament;

-                 approving the appointment of the Prime Minister;

-                 giving her Royal Assent to bills;

-                giving honours such as peerages, knighthoods and medals;

-                Head of the Commonwealth;

-                Head of the Church of England;

-                Commander-in-Chief of the armed forces.

60

The Royal Family

v                                                                                                                           ) С1                                                                                                                                                                    С *"

Many members of the Royal Family'undertake official duties in Britain ana abroad. Their various responsibilities reflect tradition, their own personal interests and Britain's former imperial status. For example, among her many titles the Princess Royal (Princess Anne) is Chancellor of the University of London, Colonel-in-Chief of eleven Army regiments, including the 8th Canadian Hussars and the Royal New Zealand Nursing Corps, and President of the Save the Children Fund, for whom she has travelled widely.

The Royal Family's money comes from two sources government funds and their own personal wealth, which is considerable. On the one hand the Queen is certainly one of the richest women in the world, while on the other her power is limited by the fact that so many of her expenses are paid for by government money. Parliament has had effective control of the monarch's finances since the seventeenth century.

TASK 2. Look at the chart

The Royal Family

Numbers show order of succession to the Crown

 

1 

 

 

 

1 

 

The Queen 

Pnnce Philip

The Duke of Edinburgh 

Princess Margaret

11 

 

 

 

 

 

Prince 

 

Princess 

 

Princess 

 

Captain 

 

Prince 

 

Sar^h 

 

Prince 

Charles

The Prmte of 

Г 

Diana

The Princess 

 

Anne

The princess 

Г 

Mark Philips 

 

Andrew

Т he Duke of 

Г 

Duchess of York 

 

Edward 

Wales 

 

of Wales 

 

Royal 

 

 

 

York 

 

 

 

 

1 

 

 

 

X 

 

 

 

4 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 

 

| 

Prince 

Prince 

Peter 

Zara 

Princess 

Princess 

William 

 

Henry 

 

Philips 

 

Philips 

 

Beatrice 

 

Eugenie 

2 

 

3 

 

9 

 

10 

 

5 

 

6 

TASK 3. Answer the questions

1.                  What powers does the Queen have in government?

2.                  Who is next in line to the British crown after Prince Charles?

61

3.                   How can Parliament control the Royal Family?

4.                          What connections can you find between the Royal Family and the world outside Britain?

5.                     Which member of the Royal Family has the highest number of public engagements?

TASK 4 Read the text.

The Queen is really a figurehead representing the country, but she has the power to prevent any politician from establishing a dictatorship. The Queen and her family are a symbol that people can identify with. The British public is obsessed with the details of the royal family life, and when people feel that the Queen has problems with her children, or her sister, they see her as a "real person" with the same worries and anxieties as themselves.

The monarchy has not always been popular. During the late 19th century there was a growing republican sentiment, but the personality and family image of the Queen, her father and grandfather have removed that feeling. The Queen is probably the wealthiest woman in the world, most of the money coming from family investments rather than the state. Her state salary (the Civil List) pays for her servants and transport. In recent years the Queen has become a roving ambassador for Britain, and if we calculate the increase in trade after a royal visit abroad, the nation probably makes a profit from her activities, and that does not take into account the income from tourism in Britain generated by the monarchy and great state events such as royal weddings.

Just how popular is she? In the late 1980s a newspaper conducted an opinion poll. People were asked, "If there were no monarchy, who would you vote for as President?" More than 80 per cent chose the Queen. Prince Charles came second, closely followed by his father, Prince Philip. The prime minister of the day was the fourth - with 2 per cent of the votes.

TASK 5 Explain the meanings of the following words and expressions.

-                a figurehead;

-                obsessed with;

-                a growing republican sentiment;

-                 a roving ambassador;

-                 an opinion poll.

TASK 6 Listen to the interview and then read the tapescnpt

When it comes to selling newspapers, nothing increases the circulation figures more than a right royal scandal. There's no doubt about it. The British public are

62

fascinated by their figureheads. In fact, most people seem to feel quite strongly about the royal family, one way or another.

I spoke to Patrick Orman Ward from England and Jean O'Sullivan from Ireland about their feelings for the British monarchy. First, I asked Patrick if the royal family was important to him.

Interview

It's not important to me, personally, but I think it's important to the social structure of British society. And I think it's important also to the political structure of British society.

Why? They're apolitical, it's a hereditary institution, in what way is it important to the political structure?

Exactly. It's hereditary, OK, but it's, you say apolitical but in fact not apolitical. The British constitution is a very difficult constitution, because it doesn't exist. It exists by, through history, basically, through acquired points of reference, through acquired gentlemen's agreements, if you like. What is important about the royal family is that it's a figurehead, and, like other figurehead institutions, it performs a useful socio-political role.

But isn't it much better to have somebody elected which comes from the people, than somebody who simply inherits the title who could and has often been in English history somebody of dubious ancestry who is half-mad and who is not even English anyway?

Half-mad, yes, often; not even English, absolutely. I don't think that's important, in absolute terms. When, you know...let's face it - not English? What is English? I call myself an Englishman and I'm a quarter Dutch. The English Royal Family,after all, have German origins, yes, but they've been in England for, for, for five generations. Anybody who can count back five generations and be completely English is indeed very unusual and rare.

Its important function, its important role, is to, is to represent the state. And symbolically. To say that it, perhaps it's better to have somebody elected from the people, yes, but it's not part of British social tradition.

But the quality of the people produced, I mean, maybe we're lucky, maybe Prince Charles is going to be a wonderful king, but somewhere it's described that it's a very, the royal family is a very average, middle-class family, doing a boring job very well. Would you agree with that definition?

Yes, insofar as I think they are average in their talents, I think they are middle class in their aspirations, in their, in their tastes, let's say, doing a difficult job very well, yes, I think so, too. I, personally, would not like to do that job.

And Jean, would you like to do the job of a member of the royal family?

63

I certainly wouldn't mind being the Queen. She is the single largest landowner in all of Britain. And they have vast wealth, they own great estates, and at the same time they manage to take a goodly slice of the taxpayer's money. And I don't think that the expense is justified in keeping this family up just for show.

Their role to me is very mystifying; I can't understand why people want to read about Diana going to discos and Fergie taking flying lessons, and yet they seem to have this fascination for the British general public.

Why? Now, why is this? Why, why are people so fascinated by images of the royal family in the press?

I'll tell you my theory about the royal family. I think they are there to distract people from the social ills of present-day Britain. I think that when the unemployment level climbs to an unacceptable figure, the royal family will do something to distract. The Queen will abdicate; something will be done. There'll be a wedding; there'll be another baby. There's always something to keep the proletariat happy.

TASK 7. Answer the questions.

Obviously Patrick and Jean have very different opinions about the British royal family. How much did you understand of what they said?

Patrick said:

What is important about the royal family is that it's a figurehead.

Did he mean:

a sign? a symbol?

And now see what Jean said:

I certainly wouldn't mind being the Queen. She is the single largest landowner in all of Britain. And they have vast wealth, they own great estates, and at the same time they manage to take a goodly...of the taxpayers' money.

What word is used to describe the royal family's share of the taxpayers'

money:

a slice?

a portion? If you have great estates, do you have:

a lot of land?

a lot of businesses? And if you have vast wealth, do you have:

a lot of money?

a lot of free time?

64

Now see what Jean said:

I don't think that the expense is justified in keeping this family up just fo£

show.

Does "for show " mean: to entertain?

for appearances, to make an impression? Does "justified" mean: explained? proved to be right?

TASK 8. Find in the tapescript the English equivalents for the words and expressions below.

-               тираж;

-                  наследственный;

-                 сомнительное происхождение;

-                  посредственный;

-                 стремления;

-               деньги налогоплательщиков;

-                  пороки общества;

-                  поколение;

-                выбранный из народа;

-                расходы;

-                 отрекаться от престола.

TASK 9. Answer the questions.

\. Why does any information published about the royal family increase the circulation figures?

2.                  What makes the Britishers feel so strongly about the royal family?

3.                            How can you explain the fact that their opinions tend to be quite opposite? What social groups tend to favour the Queen and the royal family? Why?

TASK 10. A. List four countries which have monarchies.

B. Which of these adjectives do you associate with the British monarch

ostentatious; greedy; modest; vulgar; hard-working; lazy; wealthy; dignified; popular.

65

TASK II. Listen to the tape. In this tape the speaker tells us avout his attitudes to the British monarchy.

TASK 12. Answer the questions

1.                  Does the speaker approve:

a)                of the British monarchy?

b)                of monarchies in general?

2.                   How does he compare monarchs and presidents?

3.                     Which monarchies does he praise? Why?

4.                  Does he feel sorry for the British Royal Family?

5.                  How does he compare monarchs and "soap operas" (popular television dramas)?

6.                   Which of the adjectives in TASK 10 does he associate with the British monarchy? Is your own list different?

TASK 13. Listen again and complete the quotations from the tape.

a)                  I used to............royal families in general.

b)                 I think now I...............the idea of a royal family.

c)                 I...............them personally, if you like.

d)                   I think I would...............a monarchy of the sort you find in

other countries in Northern Europe.

TASK 14. Answer the questions.

1.                           What do you see as the advantages and disadvantages of having a monarchy?

2.                                  Would you exchange lives with a member of the British Royal Family? Why (Why not)? If so, which member would you swoop with?

Revision

TASK 1. Explain the meanings of these expressions from the unit. Make one sentence from each set of words, using them in any order, to describe the British system.

a) MPs election ; b) Prime Minister; c) majority ; d) bill ; 

House of Commons, ministers Cabinet. House of Lords; Royal Assent; 

hereditary. Act of Parliament. 

5-6858

66

TASK 2. Turn the following nouns into adjectives.

constitution administration

ceremony empire

politics royalty

TASK 3. Complete the following text with the words and expressions from the box and translate them into Russian

cabinet;      alliance; coalition;    majority;

right-wing;      prime minister;    split; left-wing;       opposition;         one-party states.

In most countries, except (a) political parties. The one with the (b)

____, there are several different

____of seats normally forms the

government, and the parties which are against the government are called

(c)_______. Sometimes no single party wins enough seats, and several

parties must combine together in a (d)_______to form a government. The

principal ministers  in the government from  a group are  called the

(e)_______. The leader of this group, and of the government, is the

(f)________. Of course, there are many different kinds of parties and

governments.  A  socialist or communist party  is  often  described  as

. A conservative party on the other hand, is usually said to be . Political situations are always changing. Sometimes in a party

(g)____

00____

or between two parties there is a big argument or deep difference of opinion.

This is called a (i)_________. When, on the other hand, two parties work

together, this is sometimes called an (j)________.

TASK 4 Explain the difference between

(a)               pro- and anti-

(b)                 an election and a referendum

TASK 5. Complete the following sentences with the words from the box.

with;

for;

against;

in;

between

(a)                 I voted________

(b)                Put your voting papers

the Liberal candidate.

________the ballot box.

the socialists.

(c)                 He's very right-wing, so he's_____

(d)                  She belongs________the Communist Party.

(e)                The Liberals formed an alliance________the Social Democrats.

(f)                 There's a split

(g)                There's a split

the two parties. _the party.

67

TASK 6. Complete the following text with the words and expressions from the box.

proportional representation; Member of Parliament; call an election; House of Commons; stand for election; General Election;

polling day; canvassing; secret ballot; constituents; constituencies; polling stations

by-election; eligible; campaigns; turn-out.

Middleford. Election Result. No. of registered voters: 100,000

Mr G. Smith (Labour) Mrs R. Green (Conservative) Miss L. Jones (Independent) Mr W. Woods (Communist)

30,000 votes 25,000 votes 10,000 votes 5,000 votes

A (a)______has just taken place all over the United Kingdom. These

must take place every five years unless the Prime Minister decides to

(b)_______earlier. Above is the result in Middleford, one of the

approximately 650 (c)_______into which the country is divided for this

purpose.    (d)________was    last    Thursday,    when    the    election

(e)_______and door-to-door (f)_______stopped and the people of

Middleford went to the (g)_______to make their choice,  in a

(h).

(i)

0).

(k).

(1)

____________         ----     —-"     «•Aivyxuv,    in    a

_, from the four candidates (anyone over the age of 21 can

__. Voting is not compulsory and the number of people

to vote in Middleford (everyone over 18) was 100,000, so the

was  70 per cent.  Now  Mr  Smith will  become  the

_____for Middleford, which means he will represent the people of

Middleford in the (m)________in London. If he should die or be forced to

give up his seat, the people of Middleford will have to vote again, in a

(n)______to replace him. It is a very simple system and Mr Smith will try

to represent all his (o)_______fairly, whether they voted for him or not.

However, the fact remains that most voters in Middleford voted for candidates (and parties) other than Mr. Smith, and their votes are now lost. It is seats which are important in Parliament, not votes, and it is easy to see why smaller parties

would like a system of (p)_______, in which the number of votes they won

was reflected in the number of seats they received in Parliament.

68

Just for Fun

Here are some more facts about the Queen and her family.

The Queen meets thousands of people every year. She has to shake hands with each of them, and she has to find something interesting to say. If you meet the Queen you should call her "Your Majesty", then "Ma'am". The other Princes and Princesses are "Your Highness", then "Sir" or "Madam". When she wants to end a conversation, she takes a half step backwards, smiling broadly, then moves on.

Here are some favourite royal conversation starters.

1.                 "How long have you been waiting?" (The Queen).

2.                 "What exactly are you doing?" (Prince Charles).

3.                 "How long have you been working here?" (Princess Anne).

4.                 "Keep you busy, do they?" (Prince Charles).

5.                 "What's your job?" (Prince Philip).

At the reply: "I'm a postman," he will say "Oh, you're a postman, are you?"

6.                 "Where have you come from?" (The Queen).

7.                 "Pay you enough, do they?" (Prince Charles).

8.                 "Have you done this sort of thing before?" (Princess Anne).

How would you start a conversation with Her Majesty?

Ten things the Queen could do by using the royal prerogative

1.                  Dismiss the Government.

2.                 Declare war.

3.                 Disband the Army.

4.                    Sell all the ships in the Navy.

5.                 Dismiss the Civil Service.

6.                  Give territory away to a foreign power.

7.                 Make everyone a peer.

8.                  Declare a State of Emergency.

9.                  Pardon all offenders.

10.                  Create universities in every parish in the United Kingdom.

Eleven things the Queen takes on journeys

1.                 Her feather pillows.

2.                  Her hot water bottle.

3.                  Her favourite China tea.

4.                  Cases of Malvern water.

5.                 Barley sugar.

6.                 Cameras.

7.                   Her monogrammed electric kettle.

8.                  Her toilet soap.

9.                 A special white kid lavatory seat.

10.                 Jewellery associated with the countries she is visiting.

11.                                           Mourning clothes and black-edged writing paper in case of bereavements.

The Queen's particular likes

1.                     Horse racing ("Were it not for my Archbishop of Canterbury, I should be off in my plane to Longchamps every Sunday").

2.                    Scottish country dancing.

3.                 Jigsaw puzzles.

4.                 Long-stemmed, deep-pink carnations.

5.                  Champagne.

6.                   Deerstalking.

7.                   Quiet evenings at home watching television with her supper on a tray.

8.                   Crossword puzzles.

9.                  Bright red dresses.

10.                   The Beatles film "Yellow Submarine".

11.                   Sandringham.

Dislikes of the Queen

l.Ivy.

2.                             Snails ("How can you like those beastly things?" she asked Prince Philip).

3.                  Tennis, including Wimbledon.

4.                   Milk pudding.

5.                   The cold.

6.                  Grouse.

7.                 Any talk of Edward VIII.

8.                  Charles Dickens.

9.                  Dictating letters.

11.                  Cigar smoke.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          '

12.                  Sailing.

70

13. Listening to aft^r-dinner speeches^,* Find these т the lists above.

1.                 The name of a famous French horse-racing track.

2.                   The name of the Queen's country house in Norfolk.

3.                  The title of the head of the Church of England.

4.                  The name of the sport of hunting deer.

5.                 A green plant which grows on the outside walls of houses.

6.                  A bird which is shot, and eaten, mainly in Scotland.

7.                        The name of the Queen's uncle, who gave up the throne to marry a divorced American woman.

8.                  The name of a famous nineteenth-century British writer.

9.                  The name of the first stone in a new building.

71

Chapter ill

The Usa

Unit I. The Constitution........................................................„................71

Unit II. The System of Government.......................................................75

Unit III. The System of Checks and Balances..........................*..............85

Unit IV. American Federalism...............................................................87

UnitV. Elections.....................................................................................90

Unit VI. Language Activities. Glimpses of American History..............94

Revision..................................................................................................96

Glossary to chapters II and III................................................................97

Unit I THE CONSTITUTION

TASK 1. Before reading the texts, tell the class what you remember about the system of government and the Constitution of the USA.

TASK 2. Read the text.

"Americans are a nation born of an idea; not the place, but the idea, created the United States Government."

(Theodore H. White)

A New Nation

In 1776, the thirteen weak British colonies in America came together, stood up, and told what was then the world's greatest power that from now on they would be free and independent states. The British were neither impressed nor amused, and a bitter six-year war followed, the Revolutionary War (1776-83). It's hard to appreciate today, over two centuries later, what a revolutionary act this was. A new republic was founded, turning into reality the dreams and ideals of a few political philosophers. Americans broke with an age-old tradition, and so sent shock waves back across the ocean: they decided that it

72

was their right to choose their own form of government. At that time, the statement that governments should receive their powers only "from the consent of the governed" was radical indeed. Something new was under the sun: a sv stern of government, in Lincoln's words, "of the people, by the people, for the people".

TASK 3. Do you know? Work in groups, and try to give answers to the following questions about the beginning of the US history.

1.                   When was America discovered?

2.                                       Who were the original inhabitants of the American continent?

3.                                         When did the first settlers from England arrive in America? What was the name of their ship?

4.                        Who were these people? Why do you think they left their homes for an unknown land?

5.                    What was the first state of the US?

6.                     What is the oldest big city in the US?

7.                  What was the first name of New York?

8.                       What is the name of the region where the oldest American states are situated?

9.                      Have you ever heard of the "Boston tea party"? What is it?

10.                     Why is America often called a "melting pot"?

TASK 4. Read the text.

The Constitution and the Bill of Rights

The former colonies, now "the United States of America", first operated under an agreement called the Articles of Confederation (1781). It was soon clear that this loose agreement among the states was not working well. The central, federal government \\as too weak, with too few powers for defence, trade, and taxation In 1787, therefore, delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more than that. They wrote a completely new document, the Constitution, which after much argument, debate, and compromise was finished in the same year and officially adopted by the thirteen states by 1790.

The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches, each one having powers ("checks and balances") over the others. It specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly amended to meet the changing needs of the nation, but it is still the "supreme law of the land". All governments and

73

governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). Nor does it rest, as in many other countries, with a political group or party. It belongs to "We the People", in fact and in spirit.

In this way, Americans first took for themselves the liberties and rights that elsewhere were the privileges of an elite few. Americans would manage their own laws And, of course, they would make their own mistakes.

They stated in the first ten Constitutional Amendments, known together as the Bill of Rights, what they considered to be the fundamental rights of any American. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guarded the citizens against unreasonable searches, arrests, and seizures of property, and established a system of justice guaranteeing orderly legal procedures. This included the right of trial by jury, that is, being judged by one's fellow citizens.

The great pride Americans have in their Constitution, their almost religious respect for it comes from the knowledge that these ideals, freedoms, and rights were not given to them by a small ruling class. Rather, they are seen as the natural "unalienable" rights of every American, which had been fought for and won. They cannot be taken away by any government, court, official, or law.

The federal and state governments formed under the Constitution, therefore, were designed to serve the people and to carry out their majority wishes (and not the other way around). One thing they did not want their government to do is to rule them. Americans expect their government to serve them and tend to think of politicians and governmental officials as their servants. This attitude remains very strong among Americans today.

Over the past two centuries, the Constitution has also had considerable influence outside the United States. Several other nations have based their own forms of government on it. It is interesting to note that Lafayette, a ' его of the American Revolution, drafted the French declaration of rights when he return xl to France. And the United Nations Charter also has clear echoes of what onte was considered a revolutionary document.

TASK 5. Complete the following text with suitable words or phrases from the text above.

When the Constitution was written in 1787, there were only 13 states.

Because the (a)_____ of the Constitution saw that the future might bring a

. Over

need for changes, they (b)

a method of adding (c)

the years 26 amendments have been added, but the basic (d)

has not

74

been (e)

. The pattern of government planned so long ago for 13

states today meets the needs of 50 states and more than 57 times as many people.

The first 10 amendments to the Constitution, called the (f)________

assure individual (g)_____and (h)______. Added in 1791, they include

provisions for freedom of the (i)_____and of (j)______; the right of

citizens to (k)_____peacefully; the right to be (1)_______in one's own

home against unreasonable (m)_____ and (n)________ of person or

property; and the right of any person charged with (o) a speedy trial by a (p)____of fellow (q)_____.

the law to have

The Constitution (r) branches: the (s)___

the powers of the government into three

headed by the (t)_______; the (u)____, which

___ (the Senate and the House of

includes both houses of (v)____

Representatives) and the (w)_____which is headed by the Supreme Court.

The Constitution limits the role of each (x)_____to prevent any one branch

from gaining undue (y)_____.

TASK 6. Find in the text the English equivalents for the expressions below,

-                вносить поправки в конституцию;

-                 пересмотреть документ;

-              действовать в соответствии с соглашением;

-                свобода совести;

-               управлять своими собственными делами;

-               принять конституцию;

-                  определить чьи-либо полномочия;

-               действовать в рамках конституции;

-                 получить необоснованно большую власть;

-                 незаконный арест;

-                свобода собраний;

-               захват собственности;

-               удовлетворять требованиям.

TASK 7. Answer the questions.

1.                                 How does the American Constitution separate the powers of the government?

2.                                Has the text of the Constitution ever been changed? How did it become possible?

3.                       Does any governmental organ or official in the US have the ultimate power? Why?

4.                  What is the Bill of Rights?

75

TASK 8. Work in pairs and discuss the folio-wing questions.

...-—,-      1. What is the difference between the American Constitution

тг~тт   ^ ШеВш of Rights?

2. What is the difference between the constitutions of the UK and the US?

TASK 9. Make a list of features of the American Constitution which you consider the most important and compare them with the Constitution of your country.

Unit II THE SYSTEM OF GOVERNMENT

TASK 1. Read the text.

The American System of Government

The governmental systems in the United States - federal, state, county, and local - are quite easy to understand, that is, if you grew up with them and studied them in school. One foreign expert complained, for example, that the complexity of just the cities' political and governmental structure is "almost unbelievable." The "real Chicago," he explained ", spreads over 2 states, 6 counties, 10 towns, 30 cities, 49 townships, and 110 villages. Overlaid upon this complex pattern are 235 tax districts and more than 400 school districts..."

There are, however, several basic principles which are found at all levels of American government. One of these is the "one person, one vote" principle which says that legislators are elected from geographical districts directly by the voters. Under this principle, all election districts must have about the same number of residents.

Another fundamental principle of American government is that because of the system of checks and balances, compromise in politics is a matter of necessity, not choice. For example, the House of Representatives controls spending and finance, so the President must have its agreement for his proposals and programmes. He cannot declare war, either, Without the approval of Congress. In foreign affairs, he is also strongly limited. Any treaty must first be approved by the Senate. If there is no approval, there's no treaty. The rule is "the President proposes, but Congress disposes." What a President wants to do, therefore, is often a different thing from what a President is able to do.

TASK 2. Complete the following text with the words and phrases from the Aofie, using them in the appropriate form.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               I r

to divide; to be based on; to track down; 

to manage; to follow; to deal with; 

to warrant; to provide; to cross; 

to be put; to break; 

to be enforced; to be established; 

to involve; to be presented. 

The whole system of American government a)

the principles

b)____in the Constitution and Bill of Rights. The people believe that the

government should c)_____a framework of law and order in which they are

left free to run their own lives.

The state governments d)____much the same pattern as the federal

government. Each has a governor as the chief executive, with power e)_____

among the Executive, Legislative and Judicial branches. State governments

f)____ such affairs as maintaining order, educating children and young

adults, and building highways. The federal government g)_____national

problems and international relations and with regional problems that h)____

more than one state. Laws aftecting the daily lives of citizens i)_____by

police in the cities and towns. Agents of the Federal Bureau of Investigation -

the famous FBI - j)___ criminals who k)___state borders or who 1)____

federal laws.

Before an accused person can m)___on trail for a serious crime in a

federal court - or in the courts of many states - the case must n)___o)____^

to a grand jury of private citizens who decide whether there is enough evidence of probable guilt p)___a trial.

TASK 3 Find in the texts the English equivalents jor the following words and expressions.

-                   избиратель;

-                  избирательный округ;

-                 объявлять войну;

-                 законодатель;

-                   международный договор;

-                  одобрение Конгресса;

-                 внешняя политика;

-                 глава исполнительной власти;

-                  проводить в жизнь закон;

-                   поддерживать правопорядок;

-                 выслеживать преступников;

-                 быть строго ограниченным;

77

11Яредставить  дело   на  рассмотрение   жюри   присяжных заседателей.

TASK 4. Answer the questions.

1.                                  What are the basic principles which are   found at all levels of American government?

2.                                How do you understand the saying: "The President proposes, but Congress disposes"?

3.                   Who is the chief executive in each state?

4.                     What laws do the local police enforce?

TASKS. Read the text.

Congress

Congress, the legislative branch of the federal government, is made up of the Senate and the House of Representatives. There are 100 Senators, two from each state. One third of the Senators are elected every two years for six-year terms of office. The Senators represent all of the people in a state and their interests.

The House has 435 members. They are elected every two years for two-year terms. They represent the population of "congressional districts" into which each state is divided. The number of Representatives from each state is based upon its population. For instance, California, the state with the largest population, has 45 Representatives, while Delaware has one. There is no limit to the number of terms a Senator or a Representative may serve.

Almost all elections in the United States follow the "winner-take-all" principle: the candidate who wins the largest number or" votes in a Congressional district is the winner. Congress makes all laws, and each house of Congress has the power to introducs legislation. Each can also vote against legislation passed by the other. Because legislation only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and how money

The House of Representatives meets in the left wing of the Capitol, and the Senate occupies the right wing Before a site was selected for a new national capital and the government buildings were constructed there Congress met in the former County Courthouse in Philadelphia

78

\\

79

is spent. In addition, it regulates commerce among the states and with foreign countries. It also sets rules for the naturalization of foreign citizens.

TASK 6. Complete the following text by translating the -words or expressions in brackets.

The (законодательная ветвь) - (конгресс) - consists of the (Сенат) and the (Палата Представителей). Each (сенатор) is elected for six years and each (представитель) for two years, with no limitation on the number of (сроков).

Each of the 50 states elects two (сенатор) under a system in which one-third of the (Сенат) is elected every two years. А (сенатор) must be (старше) 30 years old and must have been an American citizen for (no меньшей мере) nine years.

The (Палата Представителей) has 435 members. Each state is divided into congressional districts of roughly (равное) population, and the (избиратели) of each district elect one (представитель) to (Конгресс). А member must be (старше) 25 years of age and must have been an American citizen for at least seven years.

Both (палата) of (Конгресс) must (одобрить) bills before they become law. The (Сенат) alone (утверждает) the President's (кандидаты) for high-level official positions and (ратифицирует) treaties with other nations.

TASK 7. Read the text.

The President and Federal Departments

The President of the United States is elected every four years to a four-year term of office, with no more than two full terms allowed. As is true with Senators and Representatives, the President is elected directly by the voters (through state electors). In other words, the political party with the most Senators and Representatives does not choose the President. This means that the President can be from one party, and the majority of those in the House of Representatives or Senate (or both) from another. This is not uncommon.

Thus, although one of the parties may win a majority in the midterm elections (those held every two years), the President remains President, even though his party may not have a majority in either house. Such a result could easily hurt his ability to get legislation through Congress, which must pass all laws, but this is not necessarily so. In any case, the President's policies must be approved by the House of Representatives and the Senate before they can become law. In domestic as well as in foreign policy, the President can seldom

count upon the automatic support of Congress, even when his own party has a majority in both the Senate and the House. Therefore, he must be able to convince Congressmen, the Representatives and Senators, of his point of view. He must bargain and compromise. This is a major difference between the American system and those in which the nation's leader represents the majority party or parties, that is parliamentary systems.

Within the Executive Branch, there are a number of executive departments. Currently these are the departments of State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labour, Health and Human Resources, Housing and Urban Development, Transportation, Energy, and Education. Each department is established by law, and, as their names indicate, each is responsible for a specific area. The head of each department is appointed by the President. These appointments, however, must be approved by the Senate. None of these Secretaries, as the department heads are usually called, can also be serving in Congress or in another part of the government. Each is directly responsible to the President and only serves as long as the President wants him or her to. They can best be seen, therefore, as Presidential assistants and advisers. When they meet together, they are termed "the President's Cabinet." Some Presidents have relied quite a bit on their Cabinets for advice, and some very little.

TASK 8. Explain the meanings of the folio-wing words and expressions from the text. Make sentences with each of them.

-               midterm elections; -term of office;

-                  Senator;

-                Representative;

-                 Congressman;

-              parliamentary system of government;

-                executive department;

-                  Secretary of an executive department;

-              the President's Cabinet.

TASK 9. Complete the following text by trtanslating the words and expressions in brackets.

The President of the United States is chosen in a national election for a four-year (пребывание у власти), and may be (переизбран) for a second (срок). Не must be a native-born citizen at least 35 years old. His salary is $200,000 a year, and he also gets an extra $50,000 for expenses; but he must pay (подоходный налог) on the whole amount. He receives up to $100,000

80

tax-free for travel and $20,000 for official entertainment, and is provided with a home and extensive office space at the White House.

As head of the Executive Branch, the President must (выполнять) the government programmes (принятые) by Congress. He recommends programmes and laws to Congress and requests money for federal government operations. If a President "vetoes" or refuses to sign a bill passed by the Congress, his (вето) may be (отменено) by a two-thirds vote of both houses of Congress. The President (назначает) federal (судьи), (послы) and hundreds of government (чиновники), and assigns duties to the elected Vice President. If a President dies, (уходит в отставку) or becomes permanently disabled, the Vice President (принимает на себя его обязанности) until the next election.

Under the US Constitution a sitting President may be (смещен с должности) before his term expires only by an impeachment process that begins with the House of Representatives. If upon sufficient evidence, the House drafts a "bill of impeachment," which must be (одобрен) by two-thirds of its тетЬегзЫрХСудебный процесс) in the Senate, with the Chief Justice of the United States acting as the judge and the Senators as the jury, follows. Only one American President has ever been impeached: Andrew Johnson, who was (судим и оправдан) in 1868. But 1974 saw an equally historic confrontation arising out of the "Watergate" affair, which centered on illegal campaign contributions and involved (высокопоставленные государственные чиновники), including President Richard Nixon. Before a trial could take place, however, President Nixon (подал в отставку), and Gerald R. Ford, then Vice President, (сменил) him. The transition was quick and orderly as the business of the nation went on.

TASK 10 Answer the questions .

1.                  How many terms may a Senator or a Representative serve?

2.                   Which house of Congress has the power to introduce laws?

3.                Name at least three functions of Congress.

4.                     Does the President always belong to the party which has the majority in Congress?

5.                       What is the major difference of the American system of government from parliamentary ones?

6.                Name at least three functions of the President.

7.                  Who succeeds the President if he dies or resigns?

8.                      Under what circumstances can the President be removed from office before his term expires?

9.                   Who does the President's Cabinet consist of?

81

TASK 11.. Read the text and state briefly the functions of each department. Give Russian equivalents for the names of the departments

Federal Departments

The Department of State, headed by the Secretary of State, advises the President on foreign relations. This department handles all peaceful dealings with other countries, and issues passports to American citizens who wish to travel abroad, and visas to visitors to the United States.

The Treasury Department manages government finances, collects taxes, mints coins and prints paper money. The Secret Service, which protects the President and the Vice President, their families and some other dignitaries, is also part of the Treasury Department. So are the Bureau of Customs and the Internal Revenue Service.

The Department of Defence is responsible for the nation's security. The Secretary of Defence is assisted by the Secretaries of the Army, Navy and Air Force.

The Department of Justice, headed by the Attorney General, acts for the government in legal matters and moves against violators of federal laws. The FBI and federal prisons are under his jurisdiction.

The Department of the Interior protects and develops the nation's natural resources and manages the national parks. It also enforces federal hunting and fishing laws, checks on the safety of mines and is responsible for the welfare of the Indian tribes.

The Department of the Agriculture aids food production and looks after the interests of farmers. It issues numerous reports on the supply and prices of farm products, conducts scientific studies of agriculture and lends money to build rural electric systems. Most farms today are served by electricity.

The Department of Labour is concerned with the working conditions, safety and welfare of the nation's nonfarm workers. It enforces, among others, the laws on minimum wages and maximum hours for workers. The department's mediation and conciliation service helps employers and workers to settle labour disputes.

The Department of Commerce helps develop domestic commerce as well as trade with other countries, particularly in the mining, manufacturing and transportation industries. One of its important branches issues patents for new inventions; other test products to be sure they meet high standards and report on weather conditions.

In 1979 the Department of Health, Education and Welfare was reorganized into two separate agencies: the Department of Health and Human Services (HHS) and the Department of Education. HHS administers many of the nation's social services programmes on a federal level. The Department of

6-6858

82

lucation administers and co-ordinates more than 150 federal aid-to-education •ogrammes.

The Cabinet-level Department of Housing and Urban Development was created in 1965 to help provide adequate housing, particularly for low-income groups, and to foster large-scale urban renewal programmes.

In 1966 President Lyndon Johnson proposed, and Congress approved, the establishment of a Department of Transportation to co-ordinate transportation activities previously carried on by several government agencies.

The Department of Energy, created in 1977 to address the nation's growing energy problems, consolidated the major federal energy functions into single Cabinet-level department. It is responsible for research, development and demonstration of energy technology; energy conservation; the nuclear weapons programme; regulation of energy production and use; pricing and allocation; and a central energy data collection and analysis programme.

In addition to the executive departments, there are numerous independent agencies charged with special functions. Largest of these is the Postal Service, directed by an 11 -member board of governors, which was created in 1979 to replace the Post Office Department. It operates post offices, is responsible for handling and delivery of mail and issues stamps.

Other independent regulatory agencies set rules and standards in such fields as rail and air transportation, domestic trade practices, broadcasting licenses and telephone and telegraph rates, investment trading, some banking practices, and equal employment opportunities.

Т ASK 12. Read the text.

The Federal Judiciary

The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.

83

The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.

TASK 13. Explain the meanings of the following expressions from the text and make sentences with each of them.

Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.

TASK 14. Answer the questions.

1.                   What are the functions of the Supreme Court of the USA?

2.                   Who does the Supreme Court consist of?

3.                 How long do the Supreme Court Justices serve?

4.                 Are the Supreme Court Justices elected?

5.                   Who can change the decisions of the Supreme Court?

6.                   What lower courts, besides the Supreme Court, are there in the USA ?

7.                                          In what kinds of cases does the Supreme Court have direct jurisdiction?

8.                  What is the "power of judicial review"? TASK 15. Read the text.

Cost of Government

The average cost of all governments - federal, state and local - to each man, woman and child in the United States is $4,539 a year. About two-thirds of all taxes collected go to the federal government.

The individual income tax provides the federal government slightly less than half its revenues. A person with an average income pays about 11 per cent of it to the government; those with very large incomes must pay up to 50 per cent. Many states also have their own income taxes. Many other taxes - on property, entertainments, automobiles, etc. - are levied to provide funds for national, state and local governments.

Federal government spending for defence purposes, including military help to other nations, has fallen as a portion of total government expenditures from 58.7 per cent in 1958 to 25.7 per cent in fiscal year 1981. The remaining

84

74.3 per cent of the federal budget has gone into public welfare programmes, development of water and land resources, public health and education. As a result of the expansion and increased costs of government services, the national debt has increased greatly since World War II.

TASK 16. Find in the text the English equivalents for the expressions below.

-                взимать налоги;

-                 средняя стоимость;

-                  на оборонные цели;

-                личные доходы;

-                  подоходный налог;

-                 налог на имущество;

-                военная помощь другим странам;

-                 федеральный бюджет;

-                 национальный долг.

TASK 17. Using the information in the unit above, discuss the folio-wing questions.

1.                          What differences are there between: the government of the USA and Congress; the federal and state governments?

2.                   Which of the two houses of Congress has more power?

3.                   Which of these people are not elected: the Vice President, the Secretary of State, a Senator, the Supreme Justice, the Attorney General.

4.                      Which areas of government do these people deal with: the President, the Secretary of Defence, the Secretary of State, the Associate Justices, Representatives in Congress.

5.                      If the President wants to introduce a new law, what are the functions of the following: the President himself, the House of Representatives, members of the Cabinet?

6.                               List some similarities and differences between the US system of government and that of your own country.

7.                  Who has the right of Legislative Initiative?

85

Unit III THE SYSTEM OF CHECKS AND ВАЦ* NCES

TASK 1. Read the text and look at the chart.

Checks and Balances

The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This is to keep any branch from gaining too much power or from misusing its powers. The chart below illustrates how the equal branches of government are connected and how each is dependent on the other two.

Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its rum, can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges; they, too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions, and to strike down those they find unconstitutional.

The system of checks and balances makes compromise and consensus necessary. Compromise is also a vital aspect of other levels of government in the United States. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish. In the US, therefore, when people think of "the government", they usually mean the entire system, that is, the Executive Branch and the President, Congress, and the courts. In fact and in practice, therefore, the President (i.e. "the Administration") is not as powerful as many people outside the US seem to think he is. In comparison with other leaders in systems where the majority party forms "the government", he is much less so.

87

The Separation of Powers Checks and Balances

Congress can pass

laws over the

President's veto

by a two-thirds

majority

The Court can declare laws unconstitutional

The Senate must confirm the

President's judicial

appointments

TASK 2. Explain the meanings of the following words and expressions.

a)                constitutionality;

b)              to strike down an act of Congress;

c)                consensus;

d)               the Administration.

TASK 3. Find in the text the English equivalents for the expressions below.

-                 быть связанным с;

-                  получить слишком большую власть;

-                 зависеть от;

-                  политика правительства;

-                  партия большинства;

-                 отклонить вето президента;

-                 одобрить;

-                 по сравнению с.

TASK 4. Answer the questions.

\. How are the powers of

a)              the President;

b)                Congress;

c)              the Supreme Court limited by the system of checks and balances?

2.                  What is the role of compromise in the American system of running the country?

3.                                 Why do people abroad tend to exaggerate the power of the US President?

Unit IV AMERICAN FEDERALISM

TASK 1. Read the text.

Federalism: State and Local Governments

The fifty states are quite diverse in size, population, climate, economy, history, and interests. The fifty state governments often differ from one another, too. Because they often approach political, social, or economic questions differently, the states have been called "laboratories of democracy". However, they do share certain basic structures. The individual states all have republican forms of government with a senate and a house. (There is one exception, Nebraska, which has only one legislative body of 49 "senators"). All have executive branches headed by state governors and independent court systems. Each state has also its own constitution. But all must respect the federal laws and not make laws that interfere with those of the other states (e.g., someone who is divorced under the laws of one state is legally divorced in all). Likewise, cities and local authorities must make their laws and regulations so that they fit their own state's constitution.

The Constitution limits the federal government to specific powers, but modern judicial interpretations of the Constitution have expanded federal responsibilities. All others automatically belong to the states and to the local communities. This has meant that there has always been a battle between federal and state's rights. The traditional American distrust of a too powerful central government has kept the battle fairly even over the years. The states and local communities in the US have rights that in other countries generally belong to the central government.

88

89

All education at any level, for example, is the concern of the states. The local communities have the real control at the public school level. They control administration of the schools. They elect the school board officials, and their local community taxes largely support the schools. Each individual school system, therefore, hires and fires and pays its own teachers. It sets its own policies within broad state guidelines. Similarly, there is no national police force, the FBI influence being limited to a very few federal crimes, such as kidnapping. Each state has its own state police and its own criminal laws. The same is true with, for example, marriage and divorce laws, driving laws and licenses, drinking laws, and voting procedures. In turn, each city has its own police force that it hires, trains, controls, and organizes. Neither the President nor the governor of a state has direct power over it. By the way, police departments of counties are often called "sheriffs departments". Sheriffs are usually elected, but state and city police officials are not.

There are many other areas which are also the concern of cities, towns, and villages. Among these are opening and closing hours for stores, street and road repair, or architectural laws and other regulations. Also, one local community might decide that a certain magazine is pornographic and forbid its sale, or local school board might determine that a certain novel should not be in their school library. (A court, however, may later tell the community or school board that they have unfairly attempted to exercise censorship.) But another village, a few miles down the road, might accept both. The same is true of films.

Most states and some cities have their own income taxes. Many cities and counties also have their own laws saying who may and may not own a gun. Many airports, some of them international, are owned and controlled by cities or counties and have their own airport police. Finally, a great many of the most hotly debated questions, which in other countries are decided at the national level, are in America settled by the individual states and communities. Among these are, for example, laws about drug use, capital punishment, abortion, and homosexuality.

A connecting thread that runs all the way through governments in the US is the " accountability" of politicians, officials, agencies, and governmental groups. This means that information and records on crimes, fires, marriages and divorces, court cases, property taxes, etc. are public information. It means, for example, that when a small town needs to build a school or buy a new police car, how much it will cost (and which company offered what at what cost) will be in the local newspaper. In some cities, meetings of the city council are carried live on the radio. As a rule, politicians in the US at any level pay considerable attention to public opinion. Ordinary citizens participate actively and directly in decisions that concern them. In some states, such as California, in fact, citizens can petition to have questions (i.e., "propositions") put on the ballot in state elections. If the proposition is approved by the voters, it then

becomes a law. This "grass roots" character of American democracy can also be seen in New England town meetings or at the public hearings of local school boards.

Adding this up, America has an enormous variety in its governmental bodies. Its system tries to satisfy the needs and wishes of people at the local level, while at the same time the Constitution guarantees basic rights to anyone, anywhere in America. This has been very important, for instance, to the Civil Rights Movement and its struggle to secure equal rights for all Americans, regardless of race, place of residence, or state voting laws. Therefore, although the states control their own elections as well as the registration procedures for national elections, they cannot make laws that would go against an indiv' ual's constitutional rights.

TASK 2. Find in the text the English equivalents for the following expressions below.

-                ставить вопрос на голосование;

-                расширить круг обязанностей;

-                 независимо от;

-                транслировать по радио в прямом эфире;

-               запретить продажу чего-либо;

-                 городской совет;

-                  общественное мнение;

-                 обеспечить равные права.

TASK 3 Answer the questions.

1.                       What are the common principles in the structures of governments of individual states?

2.                 Who is the head of the executive branch of power in each state?

3.                  How must laws and constitutions of different states correlate?

4.                  What is meant by the "battle" between federal and states' rights?

5.                      Give at least 5 examples of the areas of public life that the states are responsible for.

6.                    What is a "sheriff department" and who is a sheriff?

7.                 Are income taxes and prices of goods the same in different states?

8.                   What is meant by the "accountability" of politicians and officials?

90

TASK 1. Read the text.

UnitV ELECTIONS

Political Parties

The Constitution says nothing about political parties, but over time the US has in fact developed a two-party system. The two leading parties are the Democrats and the Republicans. There are other parties besides these two, and foreign observers are often surprised to learn that among these are also a Communist party and several Socialist parties. Minor parties have occasionally won offices at lower levels of government, but they do not play a role in national politics. In fact, one does not need to be a member of a political party to run in any election at any level of government. Also, people can simply declare themselves to be members of one of the two major parties when they register to vote in a district

Sometimes, the Democrats are thought of as associated with labour, and the Republicans with business and industry. Republicans also tend to oppose the greater involvement of the federal government in some areas of public life which they consider to be the responsibility of the states and communities. Democrats, on the other hand, tend to favour a more active role of the central government in social matters.

To distinguish between the parties is often difficult, however. Furthermore, the traditional European terms of "right" and "left", or "conservative" and "liberal" do not quite fit the American system. Someone from the "conservative right", for instance, would be against a strong central government. Or a Democrat from one part of the country could be very "liberal", and one from another part, quite "conservative". Even if they have been elected as Democrats or Republicans. Representatives or Senators are not bound to a party programme, nor are they subject to any discipline when they disagree with their party.

While some voters will vote a "straight ticket", in other words, for all of the Republican or Democratic candidates in an election, many do not. They vote for one party's candidate for one office, and another's for another. As a result, the political parties have much less actual power than they do in other nations.

In the US, parties cannot win seats which they are then free to fill with party members they have chosen. Rather, both Representatives and Senators are elected to serve the interests of the people and the areas they represent, that is, their "constituencies". In about 70 per cent of legislative decisions,

91

Congressmen will vote with the specific wishes of their constituencies in mind, even if this goes against what their own parties might want as national policy. It is quite common, in fact, to find Democrats in Congress voting for a Republican President's legislation, quite a few Republicans voting against it, and so on.

TASK 2. Explain the difference between the two major parties in the US.

TASK 3 Explain the meanings of the following expressions and give Russian equivalents for them.

-               to vote a "straight ticket";

-                a major party;

-                 a minor party;

-                 liberal;

-                conservative.

TASK 4. Read the text.

Elections

Anyone who is an American citizen, at least 18 years of age, and is registered to vote may vote. Each state has the right to determine registration procedures. A number of civic groups, such as the League of Women Voters, are actively trying to get more people involved in the electoral process and have drives to register as many people as possible. Voter registration and voting among minorities has dramatically increased during the last twenty years, especially as a result of the Civil Rights Movement.

There is some concern, however, about the number of citizens who could vote in national elections but do not. In the national election of 1984, for instance, only 53.3 per cent of all those who have voted actually did. But then, Americans who want to vote must register, that is put down their names in register before the actual elections take place. There are 50 different registration laws in the US - one set for each state. In the South, voters often have to register not only locally but also at the county seat. In European countries, on the other hand, "permanent registration" of voters is most common. Of those voters in the United States who did register in the 1984 presidential elections, 73 per cent cast their ballots.

Another important factor is that there are many more elections in the US at the state and local levels than there are in most countries. If the number of those who vote in these elections (deciding, for example, if they should pay more taxes so a new main street bridge can be built) were included, the percentage in fact would not be that much different from other countries.

92

Certainly, Americans are much more interested in local politics than in those at the federal level. Many of the most important decisions, such as those concerning education, housing, taxes, and so on, are made close to home, in the state or county.

The national presidential elections really consist of two separate campaigns: one is for the nomination of candidates at national party conventions. The other is to win the actual election. The nominating race is a competition between members of the same party. They run in a succession of state primaries and caucuses (which take place between March and June). They hope to gain a majority of delegate votes for their national party conventions (in July or August). The party convention then votes to select the party's official candidate for the presidency. Then follow several months of presidential campaigns by the candidates.

In November of the election year (years divisible by four, e.g. 1988, 1992, 1996, etc.), the voters across the nation go to the polls. If the majority of the popular votes in a state go to the Presidential (and vice-presidential) candidate of one party, then that person is supposed to get all of that state's "electoral votes." These electoral votes are equal to the number of Senators and Representatives each state has in Congress. The candidate with the largest number of these electoral votes wins the election. Each state's electoral votes are formally reported by the "Electoral College." In January of the following year, in a joint session of Congress, the new President and Vice-President are officially announced.

TASK 5 Find т the text the English equivalents for the words and expressions below.

-                 зарегистрироваться для голосования;

-                  президентские выборы;

-                  избиратели;

-                 избирательный бюллетень;

-                избирательная кампания;

-                 кандидат в президенты;

-                 коллегия выборщиков;

-               утверждение кандидата,

-                  первичные выборы в партийных организациях;

-                 первичные выборы на партийных форумах;

-                 партийный съезд;

-                  избирательный участок.

TASK 6. Answer the questions.

1. Which American citizens mavvole7

93

2.                               Why do you think many people who could vote in the national election don't do it?

3.                  Why are most Americans more interested in local politics than in those at the federal level?

4.                   What parts does the national presidential election consist of?

5.                 Describe the process of electing the President.

TASK 7. Election Campaign. Role play.

Imagine you are a candidate of one of the major parties: you have already been elected your party's official candidate for the presidency. Write your programme and organize your election campaign. Persuade as many people in the group as possible to vote for you. Use the vocabulary of the unit.

TASK 8. Read the text and compare political attitudes in the US and in your country. Find the statements you agree and disagree with.

Political Attitudes

It's often been said and does seem to be true: Americans seem almost instinctively to dislike government and politicians. They especially tend to dislike "those fools in Washington" who spend their tax money and are always trying to "interfere" in their local and private concerns. Many would no doubt agree with the statement that the best government is the one that governs least. In a 1984 poll, for example, only a fourth of those asked wanted the federal government to do more to solve the country's problems. Neighbourhoods, communities, and states have a strong pride in their ability to deal with their problems themselves, and this feeling is especially strong in the West.

Americans are seldom impressed by government officials (they do like royalty, as long as it's not theirs). They distrust people who call themselves experts. They don't like being ordered to do anything. For example, in the Revolutionary War (1776-83) and in the Civil War (1861-65), American soldiers often elected their own officers. In their films and fiction as well as in television series, Americans often portray corrupt politicians and incompetent officials. Anyone who wants to be President, they say with a smile, isn't qualified. Their newsmen and journalists and television reporters are known the world over for "not showing proper respect" to governmental leaders, whether their own or others. As thousands of foreign observers have remarked, Americans simply do not like authority.

Many visitors to the US are still surprised by the strong egalitarian tendencies they meet in daily life. Americans from different walks of life,

94

people with different educational and social backgrounds, will often start talking with one another "just as if they were all equal." Is everybody equal in the land that stated - in the eyes of God and the law - that "all men are created equal?" No, of course not. Some have advantages of birth, wealth, or talent. Some have been to better schools. Some have skins or accents or beliefs that their neighbours don't especially like. Yet the ideal is ever-present in a land where so many different races, language groups, cultural and religious beliefs, hopes, dreams, traditional hates and dislikes have come together.

All in all, what do Americans think of their system of government? What would "We the People" decide today? One American, a Nobel Prize winner in literature, gave this opinion: "We are able to believe that our government is weak, stupid, overbearing, dishonest, and inefficient, and at the same time we are deeply convinced that it is the best government in the world, and we would like to impose it upon everyone else."

Of course, many of today's 240 million Americans would disagree in part or with all. "Who is this one American," they might ask, "to speak for all of us?"

Unit VI

LANGUAGE ACTIVITIES Glimpses of American History

TASK 1 Listen to the tape and fill in the gaps with the words and expressions that you will hear. Retell the texts.

A. Flag Day

Flag Day, June 14, is the birthday of the American Flag. On this day in

1777 the Continental Congress (a)_____stating that the flag of the new

nation should contain (b)______(7 red ones and 6 white ones) to symbolize

the thirteen colonies and thirteen white stars, arranged (c)_____to symbolize

the (d)                                                                                                                                                                                                          and (e)____of these colonies.

In 1776, after the colonies had (f)____their (g)_____from Great

Britain, George Washington and two other revolutionary leaders were

(h)____for task of designing a national flag. The colours they chose were red

for (i)_____, white for (j)______ and blue for (k)______ .

95

According to American legend, they brought their design to Betsy Ross, a young widow who was an excellent seamstress. She followed their sketch

exactly except for suggesting that the stars be (1)_____ rather than

(m)______. Because she made the first American flag, Betsy Ross's name is

still well-known to Americans. Her little home in Philadelphia has been (n)_____, and tens of thousands of tourists visit it each year.

The American flag has been (o)

__many times since Betsy Ross

made the original. Today the flag still (p)_____, in honour of the original

colonies, but now there are fifty stars. Because of its design, the American flag has been nicknamed "(q)______".

B. Independence Day

Independence Day is one of the most important patriotic holidays celebrated in the United States of America. In 1776 the thirteen American colonies were in the midst of the revolutionary war against Great Britain. On the

4th of July of that year the Continental Congress (a)____, the document

which (b)_____the colonies free and independent states. It is the (c)_____

and the (d)

of this document that Americans remember on July, 4.

The Declaration of Independence was written by Thomas Jefferson who

later became the young nation's (e)_____president. Since Independence Day

is a summer holiday and a day-off from work for almost everyone, many

families enjoy (f)_____ or (g)_____ on the 4th. The occasion is also

(h)_____ by colourful and noisy (i)_____, (j)_____and m some

communities (k)_____. The flag is flown, and red, white and blue ribbons

are used for decoration at (1)_____. The army (m)_____, firing a thirteen

gun salute.  Throughout the nation church bells ring (n)_____ the

Philadelphian Liberty Bell that first (o)

American Independence.

C. Why Is the White House White?

We have all heard of the famous White House in Washington, USA, home of the President of America. But how many of us know why it is white? It

is known that the original building was (a)_____by the British during the

British-American war, when the Americans (b)_____.Some time later the

building was painted white, to hide the (c)_____on the walls. And it has

been (d)_____that colour since that time, as (e)_____ of American

history.

96

Revision

TASK 1. Complete the following text with the words and phrases from the box, using them in the appropriate form.

constitution; structure; voter; national; to name;

federal; government; to vote; responsibility; violation;

law;

to govern;

to be elected (2);

to be appointed;

to be removed from office.

The United States is a (a)____union of 50 states, with District of

Columbia as the seat of the (b)____government. The Constitution outlines

(c)____of the. national government and specifies its powers and activities.

Other government activities are the (d)____ of the individual states, which

have their own (e)

and (f)_

. Within each state there are counties,

townships, cities and villages, each of which has its own elective (g)____.

All government in the United States is "of, by and for the people".

Members of Congress, the President, state officials and those who (h)____

counties and cities (i)____by popular vote. The President (j)____the

heads of federal departments while judges are either (k)____directly by the

people or (1)____by elected officials, (m)____mark unsigned ballots in

private booths, so that no one else can find out for whom a citizen (n)____.

Public officials may (o)____for failing to perform their duties properly, as

well as for serious (p)____of law.

TASK 2. Complete the following statements with the appropriate and expressions from the Unit.

A.

The US Constitution sets the basic form of government:

ultimate power under the Constitution, in fact, belongs to____

of Rights declares such fundamental rights of any American as__

___.The

The Bill

by

B.

The Supreme Court of the USA consists of ___, and must be approved by___

_. They are appointed

A decision of the Supreme

Court____to any other court. The Supreme Court has direct jurisdiction in

the following kinds of cases:____. All other cases are____. The only

power of the Supreme Court which is not stated in the Constitution is the power of

97

C.

All the fifty states of America have____form of government. The

executive branch of the government in each state is headed by____, and the

judicial branch is represented by____. Each state has its own___' which

must not interfere with____.

D.

There is a two-party system in the USA. The Democratic Party is

usually associated with____, and the Republicans, with____. Anyone

who____таУ vote in the presidential election in the US. Those who want to

vote must____before tiie election takes place. The national presidential

elections consist of two separate campaigns: one is ____; the other is

TASK 3. Define the following word-combinations.  Illustrate your definitions with examples.

a)              Judicial Review;

b)                Executive Power;

c)                 Separation of Powers;

d)               bicameral legislature;

e)              majority party.

TASK 4 Give the words with the opposite meanings to:

a)               to approve;

b)               majority;

c)               consent;

d)               to win;

e)              to allow.

Glossary to chapters II and

act (n) - statute, a formal record of sth done of transacted.

-                act of Parliament.

amend (v) - to change or modify for the better, improve.

-                amendment (n) appoint (v) - see Ch. I

approve (v) - to give formal or official sanction, ratify.

-               disapprove (n)- see bench Ch. I

ballot (n) - a sheet of paper, or orig. a small ball, used in secret voting. ballot-box (n) -a locked box wherein ballots are deposited.

7-6858

98

bench (n) - see Ch. I. bill (n) - see Ch. I.

branch (n) (of Government) - see Ch. I.

canvass (n) - the act of examining and counting the returns of votes cast at a public election to determine authenticity.

-              canvassing.

caucus (n) - a meeting of the legal voters of any political party

assembled for the purpose of choosing delegates or for the nomination

of candidates for office. chancellor (n) - the name given in some states to the judge (or the

presiding judge) of a court of chancery.

~ of the Exchequer - head of the department of the English

government which has charge of the collection of the national

revenue.

~ of the University - a university president, or chief executive officer

of higher education system in certain states. checks  and  balances  (n) (the  system  of -)-  arrangement of

governmental powers where  powers of one governmental branch

check or balance those of other branches. civil (adj) (~ list, ~ servant) - see Ch. I. Confederation (n) (Articles of ~)- the compact among the thirteen

original states that established the first government of the United

States. constituency (n) - the inhabitants of an electoral district.

constituent (n) - a person who gives authority to another to act for

him.   convention (n) 1.- an assembly of delegates chosen by a political party,

or by the party organization in a larger or smaller territory, to

nominate candidates for an approaching election.

2. a treaty, an agreement, a commercial agreement, a contract. county (n) 1. GB - division of GB, the largest unit of local government

2. US - the largest territorial division for local government in state.

-              ~ court. consensus (n) - see Ch. I.

debate (n) - formal discussion, e.g. at a public meeting or in Parliament.

-               debate (v).

department (n) (US) - the largest unit of the executive branch, covering a broad area of government responsibility. The heads of the departments (secretaries) form the president's cabinet.

dissolve (v) (~ Parliament) - to terminate, cancel, annul.

election (n) - a formal procedure for voting.

-         presidential ~.

99

-               to hold, schedule an -.

-               to win/lose an ~.

-              elect (v).

-              elector (n).

-               electoral (adj).

electoral campaign (n) - an organized effort to persuade voters to choose one candidate over others  competing for the same office. electoral college (n) - a body of electors who are chosen by voters to cast ballots for president and vice president. execute (v) (a law) - to give effect to; to make legally binding.

-               execution (n).

executive (adj) - as distinguished from the legislative and judicial departments (branches) of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance.

-               ~ department (n).

-               ~ officer (n).

-               -powers (n).

federal (adj) - 1. belonging to the federal government or union of states. 2. founded on ,or organized under, the Constitution of the United States.

~ courts (n) - the courts of the US (as distinguished from state, county or city courts) created either by Art III of the US Constitution or Congress.

-                ~ government (n).

federalism (n) - the division of power among a central government

and regional governments. front bench (n) - see Ch. I.

impartial (adj) - treating all alike; unbiased; equitable, fair and just. impeach (v) - to proceed against a public officer (e.g. President) for

crime or misfeasance, before a proper court, by the presentation of a

written accusation ("articles of impeachment").

impeachment (n) - the formal charging of a government official with

any high crimes and misdemeanors. judicial (adj) (branch) - the branch of government that interprets laws.

-                -power.

-                ~ review.

Judiciary (n) - 1. the branch of government invested with the judicial power.

2.                  the system of courts in a country (also Judicial system).

3.                 the body of Judges.

justice (n) - 1. proper administration of laws.

100

2. title given to judge, particularly to judges of US and state supreme courts, and as well to judges of appellate courts.

Associate ~s - judges of courts, other than the presiding or chief justice.

Supreme - (also Chief ~) - the presiding, most senior, or principal justice of a court.

~ of the Peace (GB) - a lay magistrate empowered chiefly to administer summary justice in minor cases.

knight (n) (GB) - in English law, the next personal dignity after the nobility, having several orders and degrees. - knighthood (n).

legislate (v) - to enact laws or pass resolutions via legislation, in contrast to court-made laws.

-               legislator(ri)

legislative (adj) (branch) - the law-making branch of government.

power.

legislation (n) - 1. the act of giving or enacting laws.

2.                 the power to make laws.

3.                   laws enacted by lawmaking body (e.g. by Congress). legislature (n)- the department, assembly or body of persons that

makes statutory laws for a state or nation (e.g. by Congress). majority (n) - the number (of votes) greater than half of any total.

-                ~ leader - the head of the majority party in the Senate.

-                -party.

—                 rule - the principle that the decision of a group must reflect the preference of more than half of those participating.

-                ~ of seats.

—                   vote - vote by more than half of voters for candidate or other, matter on ballot.

manifesto (n) (of a party) - public declaration or proclamation of

political or social principles. minority (n) - the smaller number (of votes).

-                -party.

rights - the benefits of government that cannot be denied to any citizens by majority decisions.

monarchy (n) - a government in which the supreme power is vested in a single person.

-                constitutional (limited) -.

-                  monarch (n).

nominate (v) (as, for) - to designate as an official candidate of a political party.

-                 nomination (n) (to).

101

-               nominee (n) - a person who has been nominated.

overrule (v) (also override) - to supersede, to annul; to reject by subsequent action or decision.

-                ~ a veto, decision.

peer (n) (GB) - (~ of the realm) - a person with the right to sit in the House of Lords.

Life ~ - a person elected to the House of Lords for life (contrasted with a hereditary ~).

-                peerage (n) - 1. the whole body of peers. 2. rank of peer.

poll (v) - 1 .to vote at an election. 2. receive a certain number of votes.

-                -ing-booth (-station) - place where voters go to record votes.

-               -ing day - day appointed for a poll. poll (n) -1. voting at an election.

2.                   list of voters; counting of the voters.

3.                 place where voting takes place.

(public) opinion - - survey of public opinion by putting questions to a

representative selection of persons. primary (election) -a preliminary election conducted within a political

party to select candidates who will run for public office in a

subsequent election. property (n) - 1. possessions, things owned.

2. the unrestricted and exclusive right to a thing.

-          personal - - movable belongings.

-            private ~ - property belonging absolutely to an individual of which he has the exclusive right of disposition.

-                  real - - land; buildings (or whatever is erected or growing upon or affixed to land).

- ~ law. proportional representation (n) -an electoral system that awards

legislative seats to political parties in proportion to the number of

votes won in an election. referendum (n) - an election on a policy issue. representative government (n) - (also called indirect democracy) - a

system of rule in which citizens participate by electing public officials

to make government decisions for them. resign (v) (from) - to give up a post.

-resignation (n) (from). revenue (n) - income, esp. the total annual income of the State.

-               public -s - the income which a government collects and receives into its treasury, and is appropriated for the payment of its expenses.

102

103

secretary (n) (US) - head of an executive department, member of the

President's Cabinet.(e.g. ~ of State). seizure (n) (of property) - the act of taking possession of property, e.g.

for a violation of law or by virtue of an execution of a judgement.

-               seize (v).

Shadow Cabinet (n) (GB) - group formed from the leaders of the Parliamentary Opposition, i.e. those who might form a new cabinet if there is a change of government after a general election.

sheriff (n) (US) - the chief executive and administrative office of a county, being chosen by popular election.

sovereign (n) - 1. a chief ruler with supreme power. 2. a king or other ruler in a monarchy.

-              sovereignty (n).

tax (n) - a charge by the government on the income of an individual, corporation, or on the value of an estate or gift or property.

-                ~ law.

-                -payer.

-                to impose, levy, put a ~ (on).

-                to collect a ~ (from)

-                to cut, lower, reduce ~s (vs to increase, raise ~s).

-                to pay a ~ (on).

taxation (n) - the process of taxing or imposing a tax. term of office (n) - the period during which elected officer or appointee

is entitled to hold office, perform its functions and enjoy its privileges. township (n) (US) - in some of the states, the name given to the civil and

political subdivisions of a county. veto (n) (of, over) (US) - the President's disapproval of a bill that has

been passed by both houses of Congress, which can be overridden by

a two-thirds vote in each house of Congress.

-                veto (v).

-                 to exercise, impose, use a ~.

-                 to override, overrule a ~.

violate (v) - to break (a law, a treaty, an oath, etc.).

-                violation.

-                 to commit a violation.

-                  in violation of (a law).

vote (n) - right to give an expression of opinion or will by persons for or against sb or sth, esp. by ballot or by putting up of hands.

-                ~ (v) (for/against).

-               ~* (v) (on/upon, e.g. a resolution).

-              voter (n).

Chapter IV

You - The Jury

Unit I. A Handbook on Jury Service.....................................................103

Unit II. Justice?.....................................................................................115

Unit III. Language Activities. Lady Wyatt Accused of Shop-Lifting.. 118

Revision................................................................................................121

Just for Fun...........................................................................................122

Glossary................................................................................................123

Unit I A HANDBOOK ON JURY SERVICE

TASK 1. The following texts come from a handbook on jury service for US citizens Read the texts consulting the glossary.

Jury Service - An Important Job and a Rewarding Experience

The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a Jury, then, you are helping to guarantee one of our most important freedoms.

Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" - that is, to decide what really happened. The judge, on the other hand, "decides the law" - that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest.

104

Finally, you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.

Many jurors find that it is exciting to learn about this most important system "from the inside", and challenging to deal fairly and thoroughly with the cases they hear. We hope that you, too, find your experience as a juror to be interesting and satisfying.

How You Were Chosen

Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service and were not exempt from service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.

You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the "jury pool", the group of people from which trial juries are chosen.

Selection of the Trial Jury

The first step in the selection of the trial jury is the selection of a "jury panel". When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom m which a case is to be heard once a jury is selected. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning "to speak the truth".

Many of the questions the judge and lawyers ask you during VOIR DIRE may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision.

During VOIR DIRE the lawyers may ask the judge to excuse you or another member of panel from sitting on the jury for this particular case. This is

105

called CHALLENGING A JUROR. There are two types of challenges. The first is called a CHALLENGE FOR CAUSE, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for that reason. There is no limit on the number of panel members that the lawyers may have excused for cause.

The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer does not have to state a reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.

Please tr> not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are excused, you will either return to the juror waiting area and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.

Those jurors who have not been challenged become the jury for the case. Depending on the kind of case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternate jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

Your Working Day

The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons.

106

Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up.

This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial.

Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called SETTLEMENTS, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial.

Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial.

In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated.

TASK 2. Give Russian equivalents Jor the following words and translate the definitions info Russian

CASE - any proceeding, action, cause, lawsuit or controversy  initiated through the court system by filing a complaint, petition or information.

WITNESS - person who testifies under oath in court regarding what was seen, heard or otherwise observed.

TRIAL - the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.

EVIDENCE - a form of proof legally presented at a trial through witnesses, records, documents, etc.

107

TASK 3, Paraphraze the following words and expressions and explain their meanings.

-                 fellow citizens;

-               courtroom;

-               prejudice;

-             to deal thoroughly with the cases;

-              to exempt from jury service;

-              to meet some requirements;

-                 impartial decision;

-              to be available for case;

-                legal issues;

-               common sense;

-               to select at random;

-               eligible for service;

-               to have one's civil rights restored;

-              to be excused from jury service;

-              to accommodate a witness;

-                delays during trial.

TASK 4. Answer the questions.

1.                 What is the job of a juror?

2.                  What is the job of a judge?

3.                  What qualities should a good juror have?

4.                  What requirements should one meet to be eligible for jury service?

5.                What are the reasons for a person to be excused from jury service?

6.                   What is the aim of VOLR DIRE!

1. What is CHALLENGING A JUROR?

8.                 What are the types of challenge?

9.                 What does a juror's working day depend on?

10.                     Who are alternative jurors?

TASK 5. Read the text.

Kinds of Cases

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases. Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure

108

to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the PLAINTIFF; the party being sued is called the DEFENDANT. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a COMPLAINT, in which the case against the defendant is stated. The next paper filed is usually the ANSWER, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a COUNTERCLAIM will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiffs BURDEN OF PROOF, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiffs burden is to prove the case by a PREPONDERANCE OF EVIDENCE, that is, that the plaintiffs version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

Criminal Cases. A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the PLAINTIFF; the accused person is called the DEFENDANT. The charge against the defendant is called an INFORMATION or a COMPLAINT. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiffs burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements BEYOND REASONABLE DOUBT before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

TASK 6. Give Russian equivalents for the following words and translate the definitions into Russian.

DEFENDANT - (crim.) person charged with a crime, (civ.) person or entity against whom a civil action is brought. ACTION - proceeding taken in court synonymous to case, suit, lawsuit.

109

PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF - the party who begins an action, complains or sues.

COUNTERCLAIM - claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT - (crim.) formal written charge that a person has committed a criminal offence.

(civ.) initial document filed by a plaintiff which starts the claim against the defendant.

TASK 7. Give English equivalents for the following words and expressions.

-                 подать иск;

-                 начать (возбудить) дело;

-                 арендатор;

-                 показания (2);

-                 предубеждение;

-                 судебное разбирательство (3);

-                истец;

-                 совершить преступление;

-                  признать виновным;

-               заслушать показания;

-                 исключить из состава присяжных;

-                восстановить в гражданских правах;

-               люди, замешанные в деле;

-                 частные лица;

-                   материальный ущерб;

-               домовладелец;

-                 ответственность за ущерб;

-                 ответчик;

-                 подать иск;

-                 ответный иск;

-               обвинен в преступлении;

-                заявить о невиновности;

-                 единодушное решение присяжных;

-                 вопросы права;

-                 урегулирование дела;

-                 принять присягу.

TASK 8. Answer the questions.

\.WhatisaCIVILCASEl

по

2.                  Who is a PLAINTIFF?

3.                    Who is a DEFENDANT!

4.                  What is a COMPLAINT!

5.                   Whatisan^,W£/??

6.                    What is a COUNTERCLAIM!

I.                  What is a BURDEN OF PROOF1

8.                  What is a CRIMINAL CASE7

9.                 What is PREPONDERANCE OF EVIDENCE!

10.                                 How many jurors are necessary to agree upon the verdict in a criminal case?

I1.                   Who is the plaintiff in a criminal case?

TASK 9. Read the texts.

Courtroom Personnel

In addition to the lawyers and the judge, three other people will play an important role in the trial. The COURT REPORTER, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The CLERK, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The BAILIFF helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.

What Happens During the Trial

Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.

Step 1: Selection of the Jury.

Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.

Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.

Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the

111

judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.

Many times during the trial the lawyers may make OBJECTIONS to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the evidence can be admitted or the question allowed. If the objection was valid, the judge will SUSTAIN THE OBJECTION. If the objection was not valid, the judge will OVERRULE THE OBJECTION. These rulings do not reflect the judge's opinion of the case or whether the judge favours or does not favour the evidence or the question to which there has been an objection.

It is your duty as a juror to decide the weight or importance of evidence or testimony allowed by the judge. You are also the sole judge of the CREDIBILITY OF WITNESSES, that is, of whether their testimony is believable. In considering credibility, you may take into account the witnesses* opportunity and ability to observe the events about which they are testifying, their memory and manner while testifying, the reasonableness of their testimony when considered in the light of all the other evidence in the case, their possible bias or prejudice, and any other factors that bear on the believability of the testimony or on the importance to be given that testimony.

Step 4: The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.

Step 5: Closing Arguments The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.

Step 6: Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.

When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case.

112

TASK 10. Paraphrase the following words and expressions and explain their meanings.

-                lawyers for each side;

-                 intend to prove;

-               to testify:

-                  improper objections;

-                  it'sup to the judge;

-                valid or invalid;

-              to sustain the objection;

-                to favour one of the sides;

-               to summarize the case;

-               the jury retires;

-                 sensible and orderly fashion.

TASK 11. Answer the questions.

1.                  What is the difference between the court reporter and the clerk?

2.                  What are the bailiffs duties?

3.                  What are the steps of a trial?

4.                 How is jury selected?

5.                 Define the word EVIDENCE. What can not be considered evidence?

6.                  Can you give examples of physical exhibits?

7.                   What can you tell about OBJECTIONS'?

8.                   What can you tell about INSTRUCTIONS!

9.                  Who presents CLOSING ARGUMENTS!

10.                   What have you learned about JURY DELIBERATIONS!

TASK 12. Read the text carefully and comment on the advice given to jurors. Be ready to explain the relevance of each item.

Do's and Don'ts for Jurors

During trial

1.                             DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch.

2.                           DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.

3.                     DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's

113

testimony, you may not be able to consider fully and fairly the testimony that comes later.

4.                      DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.

5.                       DON'T try to guess what the judge thinks about the case. Remember that the judge's rulings do not reflect personal views.

6.                  DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.

7.                    DON' I talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.

8.                     DON'T try do discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.

9.                                       DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information. Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.

10.                                  DON'T   take notes during the trial unless the judge gives you permission to do so.

11.                    DON'T attempt to ask witness any questions. If you were to take part in asking questions, it might be hard for you to remain impartial. In addition, because you are not trained in the law, your questions might not be proper under the rules of evidence. Most of your questions will be answered sooner or later in the course of questioning by the lawyers.

12.                              DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.

During deliberations

\. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.

2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions.

8-6858

114

115

DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.

3.                  DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a

verdict.

4.                 DON'T play cards, read, or engage in any other diversion.

5.                  DON'T mark or write on exhibits or otherwise change or injure them.

6.                 DON'T try to guess what might happen if the case you have heard is appealed. Remember that courts of appeal deal only with legal questions and will not change your verdict if you decided the facts based on popular evidence

and instructions.

7.                   DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal. It is also illegal for a jury to determine the amounts decided on by each individual juror.

8.                   DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.

TASK 13 Work in groups Make a list of seven false statements on what jurors should and shouldn 't do. Argue your opponents' list.

Unit II JUSTICE?

TASK I. Look at these statements What do you think of them as a potential juror?

KILL I № 15 Jl>ST/F/f2>,

гтте тнелг

TASK 2 Read the text and discuss it in group

The Punishment Should Fit the Crime

National and local newspapers regularly print accounts of legal cases, and quite often the stories they choose are ones in which the punishment does not appear to fit the crime. It is easy to read a paragraph about a criminal case and to become outraged at the sentence passed by a judge. We have to remember that the short paragraph sums up a complicated legal case which might have taken hours, days or even weeks of court time, and that the judge knew a lot more about the case than the casual newspaper reader. However, sentences and penalties vary widely from one court to another. As every football fan knows, referees make mistakes, and the referee is much more likely to be mistaken when his decision goes against one's own team.

116

TASK 3. Read the texts and discuss each case applying the questions below.

1.                  Was justice done?

2.                  If you had been the judge, would you have given a different sentence?

3.                  Would you have chosen a lighter sentence, or a more

severe one?

4.                  How would you have felt if you had been the victim of the crime?

5.                  How would you have felt if you had been the defendant?

6.                    If you had been the judge, what other facts and circumstances would you have wanted to know?

Manslaughter

In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in court watching the trial of Klaus Grabowski, who had murdered her 7 year-old daughter. Grabowski had a history of attacking children. During the trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired eight bullets, six of which hit Grabowski, killing him. The defence said she had bought the pistol with the intention of committing suicide, but when she saw Grabowski in court she drew the pistol and pulled the trigger. She was found not guilty of murder, but was given six years imprisonment for manslaughter. West German newspapers reflected the opinion of millions of Germans that she should have been freed, calling her "the avenging mother".

Homicide

Bernard Lewis, a mirty-six-old man, while preparing dinner became involved in an argument with his drunken wife. In a fit of a rage Lewis, using the kitchen knife with which he had been preparing the meal, stabbed and killed his wife. He immediately called for assistance, and readily confessed when the first patrolman appeared on the scene with the ambulance attendant. He pleaded guilty to manslaughter. The probation department's investigation indicated that Lewis was a rigid individual who never drank, worked regularly, and had no previous criminal record. His thirty-year-old deceased wife, and mother of three children, was a "fine girl" when sober but was frequently drunk and on a number of occasions when intoxicated had left their small children unattended. After due consideration of the background of the offence and especially of the plight of the three motherless youngsters, the judge placed Lewis on probation so that he could work , support, and take care of the children. On probation Lewis adjusted well, worked regularly, appeared to be devoted to the children, and a few years later was discharged as "improved" from probation.

117

Murder

In 1952 two youths in Mitcham, London, decided to rob a dairy. They were Christopher Craig, aged 16, and Derek William Bentley, 19. During the robbery they were disturbed by Sydney Miles, a policeman. Craig produced a gun a killed the policeman. At that time Britain still had the death penalty for certain types of-murder, including murder during a robbery. Because Craig was under 18, he was sentenced to life imprisonment. Bently who had never touched the gun, was over 18. He was hanged in 1953. The case was quoted by opponents of capital punishment, which was abolished in 1965.

Assault

In 1976 a drunk walked into a supermarket. When the manager asked him to leave, the drunk assaulted him, knocking out a tooth. A policeman who arrived and tried to stop the fight had his jaw broken. The drunk was fined Ј10.

Shop-lifting

In June 1980 Lady Isabel Barnett, a well-known TV personality was convicted of stealing a tin of tuna fish and a carton of cream, total value 87p, from a small shop. The case was given enormous publicity. She was fined Ј75 and had to pay Ј200 towards the cost of the case. A few days later she killed herself.

Fraud

This is an example of a civil case rather than a criminal one. A man had taken out an insurance policy of Ј100,000 on his life. The policy was due to expire at 3 o'clock on a certain day. The man was in serious financial difficulties, and at 2.30 on the expire day he consulted his solicitor. He then went out and called a taxi. He asked the driver to make a note of the time, 2.50. He then shot himself. Suicide used not to cancel an insurance policy automatically. (It does nowadays.) The company refused to pay the man's wife, and the courts supported them.

118

Unit III

LANGUAGE ACTIVITIES Lady Wyatt Accused of Shop-Lifting

TASK 1. Read the list of characters involved in the case of shop-lifting. Choose one for yourself.

Lady Wyatt Mr Bell

Sir David Wilton Dr Soames Mr Green Miss Toad

The prosecutor The defence

-               the accused, a rich and unbalanced woman.

-                the store detective, a real nosey parker.

-                an old friend of lady Wyatt, just a gentlemen.

-                 lady Wyatt's family doctor, a very secretive personality, -the store manager, very inexperienced.

-                             shop assistant, a dangerous mixture of chatterbox and scatterbrain.

TASK2. Read Lady Wyatt's written account and the store detective's report. Present them using the colour idioms.

Lady Wyatt: On Wednesday morning I went to Hall's Department Store to do some shopping and to meet a friend for lunch. In the Ladies Fashion Department I bought a belt and a bag and paid for them. As I was waiting for the lift to go up to the Rooftop Coffee Lounge, I saw a silk scarf that I liked. I tried it on and decided to buy it. I looked around for an assistant to pay but couldn't see anybody. The lift came and as I was late for my appointment, I put the scarf with my other purchases, intending to pay for it later on my way out. Unfortunately, I forgot to pay and was stopped at the door by the store detective who asked me to go to the manager's office where I was accused of having stolen the scarf. It's quite ridiculous. I simply forgot to pay.

Mr.Bell: I was on duty on the second floor when I observed Lady Wyatt trying on a scarf. She looked at herself in the mirror, looked round several times and then

119

put the scarf in her bag. She then went up in the lift to the top floor cafe where she met a man. I kept up my observation and when they left together, I followed them to the door. She had made no attempt to pay so I stopped her and asked her to accompany me to the manager's office. She become abusive and refused to go with me until a policeman arrived on the scene.

right.

Colour Idioms. Match the idioms on the left with their definitions on the

a)               to catch sb. red-handed

b)                 to see red

c)              to appear out of the blue

d)                in the black and white

e)                 in the red

1.                 broke, having no money

2.                   from nowhere, unexpectedly

3.                  To catch sb. during his committing a crime

4.                   get terribly angry

5.                   in a very clear way

TASK 3. Listen to Lady Wyatt being cross-examined, first by the Prosecution, and then by the Defence. Answer the questions. Prosecution's cross-examination:

1.                  What did she say she had intended to do?

2.                   Why hadn't she done it?

3.                   Why didn't she spend more time looking for an assistant?

4.                  Is she usually punctual?

5.                  How long had she been taking the pills?

6.                Had she ever suffered from loss of memory?

7.                  Had she ever stolen anything?

Defence's cross-examination:

1 .How wealthy is she?

2.                 Does she need to work?

3.                  Is she a regular customer?

4.                  How much does she spend there a year?

5.                  What would she have done if she hadn't been caught?

TASK 4. Read the reports based on the evidence given by:

David Wilton's evidence (report)

David Wilton said that he was an old friend of Lady Wyatt and that he had been the Wyatt family's accountant for fourteen years. He had arranged to meet Lady Wyatt for lunch at 12 o'clock to discuss some family business. He said that he had not noticed anything unusual about Lady Wyatt's behaviour except that twice during lunch she had taken a pill. He added that he did not know what the pill was for and had not asked. He stated that he was astonished

120

that anyone could think that Lady Wyatt might steal as she was a very wealthy woman who could afford to buy anything she wanted.

The doctor's evidence (report)

Soames, the Wyatt family doctor, stated that he had been prescribing pills for Lady Wyatt for some time. She had been suffering from regular bouts of depression. He said that a side-effect of the pill could cause erratic or unusual behaviour though he knew of no case where moral judgement had been affected.

The store manager's evidence (report)

The store manager said that he did not know Lady Wyatt as a regular customer because he had only been in his present job for two weeks. He said that the store lost hundreds of pounds worth of goods every week which was why he had appointed a store detective in whom he had the greatest confidence. He added that it was not only the poorer members of the community who resorted to shop-lifting.

The shop assistant's evidence (report)

The shop assistant said that she had worked at HalFs for seven years and knew Lady Wyatt as a regular customer. On Wednesday morning Lady Wyatt had bought a belt and handbag and had paid by cheque. She said that Lady Wyatt had behaved quite normally. She said that she hadn't seen Lady Wyatt trying on the scarf as the scarf counter was on the opposite side of the store. She added that there had been two assistants on duty that morning and that neither of them had left the department.

TASK 5. Read through the four reports again. Role-play Prosecution, De/ence and Witness. Try to recreate the scene of presentation of evidence and cross-exam ination.

TASK 6. Work in groups You are the jury. Appoint a chairman to report back to the judge. You have to bring in the verdict of "Guilty" or "Not Guilty".

121

Revision

TASK I. Fill in the gaps.

1. A juror should keep an open____ all through the trial. 2. You

become a potential juror after your name is selected____ from voters

registration____ .3. A crime of graver nature than a misdemeanour is a

____.4. To____sb. means to find a person not guilty in a trial. 5. Civil

cases are usually disputed between or among___ , corporations or other

organizations. 6. The____of jury doesn't need to be____in civil cases.

7.The____ keeps track of all documents and exhibits in trial being the

judge's assistant. 8. The   job of a juror is to   listen to____ and to

decide____. 9. One who is engaged in a lawsuit is called a___. 10. Process

by which a lawyer questions a witness called to testify by the other side is

_.        .11. "____" is a phrase meaning "to speak the truth". 12. A juror

should not be influenced by sympathy or____ . 13. A____may sue a

____ for failure to pay rent. 14. A juror should not express his____to

other jurors before__

criminal offence is a and be

_ begin. 15. Formal accusation of having committed a

___ . 16. To be a good juror you should use your

17. The third stage of a trial is____ . 18. When a

has been reached the judge

the jury from the case. 19. A

member of jury panel must____promising to answer all questions truthfully.

20. To be eligible, you must: 1. be______ , 2.______ , 3. able to

_______ , 4. and if you ever _______ , you must have your

________ .21. Working hours of the jury may be varied to ____

witnesses coming from out of town. 22. Compromise agreement by opposing parties, eliminating the need for the judge to resolve the controversy is called ___. 23. Trier of facts is a___or, in a non-jury trial - a___. 24. People

who don't meet certain

may be

from jury service. 25. The

helps to keep the trial running smoothly. The jury is in his custody.

TASK 2. Fill in the gaps.

1. When hearing the____the juror must take into account the____

of a witness, i.e. his ability to____ы . 2. Lawyers____ each side are

allowed to____when they consider sth. done improper under the____of

evidence. 3. Attorne> who represents the defendant is a____.4.____ is

any statement made by a witness under

in legal proceedings. 5.

means that the lawyer doesn't have to state a____

excused. 6. The party bringing the suit is called a _

disputes what the____has said in the paper called

testimony can be either oral____, or____. 9. The fifth step of a trial is

for asking the juror to be

___ . 7. The defendant

. 8. The forms of

122

called

, when the lawyers

10. The lawsuit is started by defendant's innocence is

__the case from their,

_ing a paper called a _

of view. 11. The

__unless he is proved____. 12. It is____

to judge to decide whether each____is valid or____.13. Following the

____of all the evidence, the judge____to the jurors on the laws that are to

guide them in their___on a____. 14. A____case is brought by the

state or the city against a person or persons accused of____a crime. 15. In

____cases people who have been____may sue a person or a company

they feel is responsible for____. 16. If the defendant has____not guilty,

the prosecution must prove his guilt to overcome the____ . 17. If the

objection was not valid, the judge will defendant in opposition to that of a

___ it. 18. Claim presented by a

is called                                                                                                                                                                                                     . 19. The

is conducted in

fashion.

elected by the jury should provide that__

20.____is a request by a party to excuse a specific juror for some reason.

21.                 The____in trial decides the law, i.e. makes decisions on legal____.

22.                 Unlike challenges for cause the number of____challenges is____.

23.                  Most often in civil cases the party bringing the____is asking for money

____. 24. The plaintiffs____is greater in a criminal case than in a civil

case. 25. If the objection is valid, the judge will__

____way and my teacher is____, I will get a/an

it. 26. If I work in a mark!!!

Just for Fun

A jury consists of twelve persons chosen to decide who has the better

lawyer.

***

"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"

"Well, your Honour," said the witness, "I swore to tell the truth and

nothing but the truth, but every time I try, some lawyer objects!"

***

A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why on earth didn't you reveal that fact at the trial?"

"Well," said the man, "I thought it might prejudice the jury against me."

123

A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, "What does that mean - acquitted?"

"It means," said the lawyer, "that the court has found you innocent. You are free to go."

"Does it mean I can keep he watch?" asked the client.

***

First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."

Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for defence!"

Glossary

acquit (v) - to find a defendant not guilty in a criminal trial. action (n) - proceeding taken in a court of law; also case, suit, lawsuit, affidavit (n) - a written or printed declaration or statement under oath. answer (n) - a formal answer to a complaint, in which the defendant

admits or denies what is said in the complaint. bailiff (n) - a court employee who among other things maintains order in

the courtroom and is responsible for custody of the jury. burden of proof (n) - measure of proof required to prove a fact.

Obligation of a party to prove facts at issue in the trial of a case. case (n) - any proceeding, action, cause, lawsuit or controversy initiated

through the court system by filing a complaint, petition, indictment or

information.

cause of action (n) - a legal claim. challenge for cause (n) - a request by a party that the court excuse a

specific juror on the basis that the juror is biased. chambers (n) - a judge's private office.

charge (n) - formal accusation of having committed a criminal offence. claim (n) - the assertion of a right to money or property. clerk of court (n) - an officer of the court whose principal duty is to

maintain court records and preserve evidence presented during a trial. closing argument (n) - the closing statement, by counsel, to the trier of

facts after all parties have concluded their presentation of evidence. complainant (n) - one who makes a complaint. Same as "plaintiff. complaint (n) - 1. (crim.) formal written charge that a person has

committed a criminal offence. 2.(civ.) initial document entered by the

plaintiff which states the claim against the defendant.

124

coiTvict (v) - to find a person guilty of a charge. convict (n) - one who has been found guilty of a crime or

misdemeanour; usually referred to convicted felons or prisoners in

penitentiaries.

- conviction. counterclaim (n) - claim presented by a defendant in opposition to, or

deduction from, the claim of the plaintiff. court reporter (n) - person who records and transcribes the verbatim

testimony and all other oral statements made during court sessions. cross-examination (n) - process by w