Юридический английский

Text 2. The paragraphs of the text below are jumbled up. Put them in the correct order: A. To understand legal reasoning, it should be recognized that legal reasoning is done case by case and employs a rudimentary three-step process. Step 1. The current case is compared with at least one previous similar case. Step 2. The previous case or cases are analysed for the rules found in them, and those rules are restated and perhaps adapted a bit to meet new conditions. Step 3. The rules, as previously stated in earlier cases as revised, are then applied to the current case. B. This leaves the final basic element of legal reasoning – statutory interpretation. Before judges decide how to apply a statute, they must first decide what a statute means. Like case reasoning, staturory interpretation is simple to describe but can become complex in a real case. At its core, statutory interpretation addresses the question: What does this law mean? C. However, case reasoning is not all that is involved in legal reasoning. What happens when a judge has to decide a case involving a topic the courts have never ruled on before, or must apply a statute that courts have never applied before? This kind of case is called a case of first impression. Judges are not permitted simply to make up new law on a whim. They have to develop a rational basis for their decisions. In making new law, the judges look at and analyse related areas of law, social customs, traditions, and social policies, then arrive at a conclusion. D. Legal reasoning is an unusual kind of reasoning – so unusual that nearly four centuries ago, England’s Chief Justice Edward Coke had a heated dispute with King James I on whether the king himself could make court judgement. James I asserted that law was based on reason, and that he could reason as well as a judge. At the risk of his neck, Coke argued that although the king was a very smart fellow, he didn’t know the laws of England and, moreover, the king had only the ability to apply “natural” reason. Coke contended that legal cases “are not to be decided by natural Reason but by the artificial Reason and Judgement of Law.” In the end, Coke kept his neck and head, and the notion of “artificial” reasoning lives on with us in legal reasoning today. E. This rudimentary three-step process is at the core of what is called case reasoning. Тhe underlying simplicity of case reasoning can cause difficulty. Given the vast body of existing case law, each side of a dispute usually can find cases that are similar to the dispute at hand and whose outcomes are favorable to its own side. Read the text about legal reasoning one again. Are the following sentences true or false? King James I was sure that he could make court judgement as he knew the legal system very well. James I managed to convince Edward Coke. Edward Coke introdued the notion of “artificial” reasoning, although he was executed. Case reasoning involves three stages. The rules found in previous cases are never adapted to meet new conditions. If a judge has to decide a case involving a topic the courts have never ruled on before he usually makes new law. Case reasoning is easy to apply. The essence of statutory interpretation is to understand what this law means. Speaking I. Many philosophers have proposed concepts of justice, and sometimes governments are influenced by them, for instance, the French revolutionaries who tried to implement Montesquieu’s doctrine of the Separation of Powers. Can you come up with other examples to illustrate this point? II. The public has a general perception of lawyers as being aloof and very expensive. Shakespeare had some harsh words for lawyers. His character Dick the Butcher in King Henry VI, Part 2 says,”The first thing we do, let’s kill all the lawyers.” In Bleak House, Charles Dickens highlighted the law’s interminable delays in the case of Jarndyce v Jarndice and a German proverb says, “Doctors purge the body, preachers the conscience and lawyers the purse.” How can the following quotations be commented on? What is the attitude to lawers in your culture? “Lawyers are operators of the toll bridge across which anyone in search of justice has to pass.” Jane Bryant Quinn, journalist. “Make crime pay. Become a lawyer.” “The minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer.” Will Rogers, satirist. “I am not afraid of lawyers as I used to be. They are lambs in wolves' clothing.” Edna St. Vincent Millay, poet and playwright. “A lawyer with a briefcase can steal more than a thousand men with guns.” Mario Puzo, writer. задания текст 2 - перевести , сделать пересказ , ответить на вопросы под текстом , так же сделать speaking/