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Task 1. Read the text and learn the new wordsСтр 1 из 12Следующая ⇒ ENGLISH FOR LAWYERS ASTANA 2016 УДК.................... ББК...................
A.IBRAYEVA A.RAKISHEVA S.URAZBAYEVA ENGLISH FOR LAWYERS Recommended by the Academic Council of KAZGUU UNIVERSITY protocol No 5 of 25 December 2015, the Council of Higher School GD&LS protocol No 3 of 9 November 2015.
Reviewers: Doctor of Philology, prof. Zh. Abuov PhD in law, ass.prof. S. Pen
Corrected by Master of Arts D. Ospanova The textbook consists of 9 units. The content of each unit is aimed at the development of all kinds of speech activity and professional competence of students in English language majoring in law. Texts in the manual are adopted from legal and political sources from the UK, the USА and Kazakhstan. Tasks are constructed in the form of didactic games, situation games and role-play, contributing to the development of skills of text analysis and conducting discussions. The manual is prepared by the faculty of the English Language Department of KAZGUU University based on a model curriculum for the bachelor program 5B030100 "Law" (2014), elaborated in accordance with the SES approved by the Government Resolution of August 23, 2012 No 1080. The book is recommended to a wide range of readers and researchers: undergraduate, graduate and doctoral students, practicing lawyers.
ISBN Published by…………………………………
In modern conditions of expanded political, economic and cultural relations of the Republic of Kazakhstan with many foreign states, foreign language communication becomes an essential component of the future professional activity of a specialist. Especially important is the professional-oriented approach to learning a foreign language, which forms the students' ability to communicate effectively in a foreign language in specific work related situations, taking into account their professional reasoning. The manual «ENGLISH FOR LAWYERS» is intended for students, graduates and doctoral students majoring in "Jurisprudence", studying professional foreign language, as well as for practicing lawyers. This manual has communicative and professional approach and is characterized by interdisciplinarity, multilevelness, and multifunctionality. The course is aimed at the formation and development of general and professionally oriented communicative competence by future specialists, assuming the command of the language for specific purposes. To achieve this goal a number of objectives are to be completed: 1. Assist future lawyers to form a general linguistic competence related to professional activities. 2. Develop students' understanding of the need for language and speech competence in the professional communication sufficient for adequate professional communication in the field of their activity. 3. Improve the language, speech, thematic and discourse competencies required for the successful implementation of professional activities. 4. Ensure the development of skills, abilities and competencies of self-exploration and research activities of students to acquire knowledge and ability to use their creativity to solve the problem tasks related to their job in real situations. УДК.................... ББК...................
CONTENTS 1. WHAT IS LAW?.............................................................................................. 2. SOURCES OF LAW…………………………………………………………. 3. CASE LAW AND CODIFIED LAW SYSTEM…………………………….. 4. CONSTITUTIONAL LAW…………………………………………………. 5. CIVIL LAW………………………………………………………………….. 6. CRIMINAL LAW……………………………………………………………. 7. FAMILY LAW……………………………………………………………….. 8. LEGAL PROFESSIONS……………………………………………………… 9. CONTRACT LAW……………………………………………………………
KEYS DICTIONARY LITERATURE What is law? Hours Task 1. Read the text and learn the new words There have many things which we may call laws. There are religious laws, laws passed by governments, laws in our families, and laws of conduc t that we follow in society. Instead of calling these things “laws”, we may call them guidelines, regulations, or rules. The difference between rules, regulations, guidelines and laws is the manner in which we, as a society, enforce our criteria for conduct. We do not ask the state to enforce many of the standards of conduct by which we live. In order to draw a distinction between law and any of the other criteria by which we govern our conduct, we will define law as a body of rules which a group or community recognized as binding upon its members, and enforce through an agency of the state, usually a court.[1] Religious, ethical and moral rules are often difficult to differentiate, and may well have a common root. Those who adhere to a religion will often derive from it their moral code. Christians will look to the Bible for guidance on what is right and what is wrong. Muslims look to the Koran, and Jews to the Torah. Ethical rules are a branch of morality and usually regulate the conduct of professional people such as doctors, lawyers and teachers, and their dealings with patients, clients and students. Law and morality may overlap, and this is mostly true of the criminal law, based as it is on moral and religious principles of wrongdoing, fault, punishment and retribution. The natural law school of thought suggests that “bad” law either need not be obeyed or is not law at all, whereas the positivist school holds that, no matter how bad a law is, or the system by which it is made, if the recognized procedures for law making have been complied with, “the law is the law” and, in legal terms, should be obeyed. It is not possible to distinguish law and custom by means of the type of action involved, since an action in one society may be a breach of custom and another a breach of law. In less developed societies, there may be a dependence on custom, in that this passes from one generation to another and the rate of change may be relatively slow. In complex societies, however, custom gives way to more formal rules and mechanisms for change. Vestiges remain, for example, social customs, local customary law and the customs and practices of the constitution.[2]
Task 2. Match the word with the definition
SOURCES OF LAW Hours Explain differences between written and unwritten laws. In your opinion, which is better? Sources in Common Law Each country’s legal system has its own sources of law, with greater weight placed on some sources than others. In developing an infrastructure project, it is important to identify which sources of law apply in the host country and their weighting. The following are the most common sources: · Constitution · Statute · Treaties · Judicial Decisions · Other Sources Code In Civil Law systems these rules are usually embodied in “Codes”. All but a very few countries have written constitution where these fundamental rules can be easily identified (although their interpretation may be less straightforward). The remaining few have unwritten constitution established by long-standing tradition. A Constitution overrides any other source of law and it is usually highly difficult to amend. There may be a separate judicial court which considers constitutional issues, namely whether any law, regulation or administrative act inconsistent with Constitution and therefore void. Judicial Decisions In other jurisdiction (mainly civil law jurisdiction) judicial decisions are formally only deemed to interpret the existing law and are not a binding source of law, although in practice they are often treated as authoritative. Administrative Law It covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. Much of government and its public programs operate largely through various agencies on different levels: federal, state, county, and city. These agencies are also known as boards, commissions, departments, and divisions. They generally have their own specific rules and regulations, which are not usually found in the statutes, with stringent procedures individuals must follow to obtain assistance from the agency and to file claims, grievances and appeals. Legal rulings by Administrative Law Judges (ALJ’s) have governing authority the same as most precedent law. Administrative law attorneys can offer assistance when maneuvering through these complicated proceedings.The Administrative Procedure Act is the governing law for federal administrative agencies. Most states also have their own governing law for their state administrative agencies. These laws allow for the creation of the rules and regulations, as well as the procedures necessary for those unhappy with the agencies or their decisions to seek remedies via appeal or complaint. They are carried out with the same authority as the more well-known statutory laws, and so, as with other areas of law, the skills of an experienced administrative law attorney are often required. [4] Learn the new words
Task 2. Read the text again and find the words which are used to express the following: LEGAL SYSTEM OF KAZAKHSTAN
The legal system of the Republic of Kazakhstan, along with legal systems of Italy, France, Germany, Austria and other countries, belongs to the Roman-German (continental) legal system. As opposed to the Anglo-Saxon legal system (England, the USA), where judicial precedents are the main legal sources, Roman-German legal system has a single hierarchically structured system of enacted law sources. Written constitution (fundamental law) plays the essential role among the law sources in the Roman-German legal system, and has the supreme legal force. In accordance with the article 4 of the Constitution of Kazakhstan, the Law in the Republic is made of the norms of the Constitution, laws which conform to the Constitution, other normative legal acts, treaties and other international obligations of the Republic of Kazakhstan, as well as normative resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan. Hierarchy of the law sources in Kazakhstan is determined by the Law of the RK dated March 24, 1998, “On Normative legal acts.” In accordance with the article 4 of this Law, Constitution of the Republic of Kazakhstan, has the uppermost legal force.
Discussion: 1. What legal system does Kazakhstan belong to? 2. In what countries judicial precedents are the main legal sources? 3. Does written constitution (fundamental law) play the essential role among the law sources in the Roman-German legal system? Hours Warming up 1. What is Anglo-Saxon law? 2. What kind of legal system is mainly practiced by courts in your country? 3. What is Roman law? Learn the new words
Learn the new words
CONSTITUTIONAL LAW Hours (А -2 hours) Warming-up 1. What forms of government do you know? 2. What form of the government does Kazakhstan have? 3. What does the term “presidential form of government” mean? Learn the new words
Task 2. Look through the text and find law terms which mean the following: 1. _______________ - to give (someone) a position or duty 2. _______________ - a group of people who keep law and order and make laws 3. _______________ - the highest court of the state 4. _______________ - a person who presides over a Court 5. _______________ - to put into action, practice or use 6. _______________ - a public vote upon a proposition submitted 7. _______________ - legal ability, capacity, or authority CIVIL LAW Hours Warming-up 1. What is civil law and public law? 2. Is there a clear distinction between them?
Task 1. Read the following text CIVIL AND PUBLIC LAW One important distinction is between private – or civil law and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another. The main categories of English civil law are: Law of Contracts: binding agreement between people (or companies); Law of Torts: wrongs committed by one individual against another individual’s person, property or reputation; Law of Trusts, arrangements whereby a person administers property for another person’s benefit rather than his own Land Law; Probate Law: arrangements for dealing with property after the owner’s death; The main categories of public law are: Criminal Law: wrongs which, even when commited against an individual, are considered to harm the well-being of society in general; Constitutional Law: regulations of how the law operates and of the relation between private citizen and government; International Law: regulation of relations between governments and also between private citizens of one country and those of another. [8] Learn the new words
Task 2. Answer the following questions: 1. What is the main distinction between private and public law? 2. What are the main categories of English civil law? 3. What law deals with binding agreements between people? 4. What is meant under the term “torts”? 5. What law deals with the arrangements whereby a person administers property for another person’s benefit? 6. What are the main categories of English public law? 7. What wrongs does the Criminal law deal with? 8. What law regulates the relations between private citizens and the government? 9. What does International law regulate?
CRIMINAL LAW (6 hours) (А -2 hours) Warming-up 1. What is a crime? 2. What are distinctions between criminal and civil procedures in Kazakhstan? 3. Is there any difference between serious and less serious crimes?
Learn the new words
Warming-up 1. What is the difference between a CRIME and a CRIMINAL? 2. What are the causes of crimes? 3. Is the crime rate high in Kazakhstan? Task 1. There are many crimes, or offences. How many of the offences in the box do you know? Choose three and tell a partner what you think they are. Then look up any words you don’t know in a dictionary.
Task 2. Match each word on the left with the correct definition on the right:
Warming-up 1. Is capital punishment humane? 2. Does it influence the crime rate? 3. What are the reasons for capital punishment? Task 1. D E Task 3. Read the text and answer the questions: 1. What are the methods of execution? 2. What arguments do opponents of capital punishment give? 3. Has Kazakhstan abolished death penalty?
Capital punishment, death penalty or execution is punishment by death. The sentence is referred to as a death sentence. Crimes that can result in death penalty are known as capital crimes or capital offences. Capital punishment is carried out by hanging (Iran, Japan, South Korea, for example); electrocution, gassing or lethal injection (U.S.); beheading (Saudi Arabia); or shooting (China, Thailand). Although most countries still have a death penalty; 103 countries have completely abolished it, 6 retain it for exceptional сrimes only such as war crimes; and 50 have abolished it de facto, which means that they have not used it at least ten years or under moratorium. In other words, over 60% of the world’s population live in the countries where execution take place. The UN has declared itself in favor of abolition, Amnesty International actively campaign for abolition, and the issue is now the focus of great debate. Supporters of capital punishment believe that death is a just punishment for certain serious crimes. Many also believe that it deters others from committing such crimes. Opponents argue that execution is cruel, inhuman and degrading punishmen t. Capital punishment involves not only the pain of dying but also the mental anguish of waiting, sometimes for years, to know if and when sentence will be carried out. Opponents also argue that there is no evidence that it deters people from committing murder any more than imprisonment does. A further argument is that, should a mistake be done, it is too late to rectify it once the execution has taken place. A recent study by Columbia University Law School found that two thirds of all capital trials contained serious errors. When the cases were retried, over 80% of the defendants were not sentenced to death and 7% were completely acquitted. According to FBI data, at least 27 innocent people had been executed in the United States. Researches show that capital punishment system is unreliable. In addition, while in some countries young people are not sent to prison but to special juvenile detention centers, since 2009 in Iran, Saudi Arabia, Sudan and Pakistan children under 18 have been legally put to death. As the debate about capital punishment continues the phenomenon of death row (people sentenced but still). Since 2004 no one was executed in Kazakhstan, but five people were sentenced to death. The Constitution of the Republic of Kazakhstan retains the death penalty as an exceptional punishment for two types of crime: terroristic crimes which have resulted in death casualties and grave crimes committed during war time. The criminal code of Kazakhstan specifies 19 offences that fall into the two categories for which the Constitution allows the death penalty. [11] Learn the new words
FAMILY LAW (4 hours)
(A – 2 hours) Warming up 1. How do you understand the term Family law? 2. What is the legal marriageable age in Kazakhstan? 3. Is domestic violence a serious crime? Do you think it must be prosecuted? 4. What reasons do you think are valid to start divorce proceeding? 5. What leagal instrument do you know which protects the rights of family members in Kazakhstan? When it was adopted?
Learn the new words
Task 3. Answer the questions: 1. What is the main idea of the text “The Law and the Family”? 2. What is the family promoted for? 3. Is there much intervention in family life in Islamic countries? 4. What courts control private property in the interests of children in Britain? MARRIAGE REQUIREMENTS Warming up 1. What is generally the basis of marriage in the Republic of Kazakhstan? 2. How do customs and traditions influence on marriage? 3. What must a marriage be in the Republic of Kazakhstan to be legally valid? 4. Whose consent to marriage does a person under the age of eighteen need to obtain in thе Republic of Kazakhstan? 5. How do you understand the term bigamy? Is it legally allowed in the Republic of Kazakhstan? Learn the new words
Task 1. Read the news and answer the questions: 1. According to Tengrinews.kz what is the average age of women getting married in 2011? 2. What is the legal marriageable age in Kazakhstan? 3. Are marriages done by priests and imams valid? 4. When marriages are considered valid in Kazakhstan? "The average age when Kazakhstan women got married in 2011 made 24.3 уears, Tengrinews.kz reports, citing Kazakhstan Statistics Agency. About 33,100 women (24.4%) under 20 got married in 2011. A larger part of the women (75,700 women - 55.8%) who got married in 2011 were aged between 21 and 25. Only 26,900 women (19.8%) aged 26 and up got married last year. According to the Agency, the average age of the brides did not increase very much in 2011. The average age of women who got married for the first time in 2009 made 24.2 years. Marriages in Kazakhstan are registered in Civil Registry Office. Young people can get legally married only after they reach the age of 18. Religious marriages done by priests or imams are welcomed in Kazakhstan, but are not considered official unless registered in the Civil Registry Office in Kazakhstan". [13] LEGAL PROFESSIONS (4 hours) (A – 2 hours) Warming up 1. Does Kazakh/Russian language have more than one word for a lawyer? 2. Do they correspond to the different English words for lawyer? If not, how do concept differ? 3. What is each type of legal practionier in Kazakhstani jurisdiction entitled to do? 4. What English term do you use to describe your job or the job you would like to do? Task 4. Read and translate the biography of Kazakhstani state and public figure, Public prosecutor of the Republic of Kazakhstan (1995—1996), Judge of higher qualification class, Doctor in Law, professor Maxut S. Narikbayev
From 1992 till 1993 he worked in the Office of the President. From October 1995 till June 1996 he worked as a General prosecutor of the Republic of Kazakhstan. From June 1996 till September 2000 he worked as a Chairman of the Supreme Court of the Republic of Kazakhstan. In July 2000 he was appointed as a Rector of Kazakh State Law Academy Member of Supreme Judicial Council of the Republic of Kazakhstan From November 2007 he worked as a a member of the Council of the Public Chamber under the Majilis of Parliament of the Republic of Kazakhstan. Social life In 2001 was a head of socio-political movement “For the legal Kazakhstan”. In 2004 was an initiator and leader of the Democratic Party of Kazakhstan (KDP), later the Democratic Party “Adilet”. On March,12, 2012 was resitrated as a chairman of the party. Maxut S. Narikbayev is an author of more than 50 articles. There are some of them: Law, state and politics (aphorisms and sayings); Adolescent and law: (About some causes of juvenile delinquency and measures to combat it); Legal protection of childhood; Criminal legal protection of children in the Republic of Kazakhstan; Criminal law and criminological aspects of the fight against crimes of minors; Practice of considering economic disputes by judicial board for economic affairs of the Supreme Court of the Republic of Kazakhstan; Practice of considering economic disputes by judicial board for economic affairs of the Supreme Court of the Republic of Kazakhstan; Important issues of the new criminal and criminal procedure legislation of the Republic of Kazakhstan. Learn the new words
Learn the new words
Task 5. Work in pairs. Write a dialogue to illustrate the topic "Legal Professions in Britain or in Kazakhstan"Act it out with your partner. CONTRACT LAW (2 hours) Warming up 1. How do you understand the term Contract Law? 2. What kind of contract have you entered recently? 3. What is necessary for a valid contract to be formed? CONTRACT LAW Contract law deals with promises which create legal rights. In most legal When the contract is negotiated, the offer and acceptance must match each Contracts may be made in writing or by spoken words. If the parties make a A party may want to transfer its rights under a contract to another party. This Learn the new words
Task 3. Read the text again and decide whether these statements are true (T) or false (F): 1.In all legal systems, parties must give something of value in order for a 2.An offer must be met with a counter-offer before a contract is agreed. 3.Oral contracts are not always valid. 4.If in breach, the court will always force the party to perform the contract. 5.Assignment occurs when one party gives its contractual rights to another party
Task 4. Complete these sentences using the words in the box:
1. Usually, contract occurs when an offer is accepted. 2. A new offer made by one party to another party is called a…………………. 3.The price and the subject matter of a contract are the essential…………of a contract. 4.A contract which is not in written form but has been expressed in spoken 5.Under a contract, a party has…………..(that is, certain things it has to do). 6. 6.When a party does not do what it has promised to do under a contract, 7.A court can award....................... to the non-breaching party.
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