Росдистант. Иностранный язык в сфере юриспруденции 1. Контрольная работа

Выполнена контрольная работа по дисциплине "Иностранный язык в сфере юриспруденции 1"

TEST II.

I.  INTRODUCTION TO LAW: BASIC TERMS

Part A

The following terms introduce you to the law and basic legal terminology. Below are the definitions. Match the definition with each term.

1. members of the legal profession                                                      a) prosecutor

2. to rule a society and control the behaviour of its members               b) govern

3. the branch of law dealing with crime                                                c) barrister

4. person who institutes a criminal case                                                d) defendant

5. person who makes a claim in a civil case                                         e) solicitor

6. panel of 12 people who decide

whether the accused committed a crime                                                       f) criminal law

7. lawyer who presents a case to a higher court                                    g) lawyers

8. lawyer who advises clients                                                               h) plaintiff

9. person against whom a civil case is brought                                     i) contract

10. a legal agreement between two or more parties                                            j) jury

Part B

The words in this exercise are used a lot in the legal profession.Choose the right variant.

 1. A case which is being heard by a committee, tribunal or court of law.

A) judiciary B) legislation C) pupilage D)hearing

2. To find that someone is guilty of a crime.

A)  convict B) fine C) prosecute D) accuse

3. Failure to carry out the terms of an agreement.

A) hearing B) breach C) arrest D) prosecute

4. To ask a high law court to change its decision or sentence.

A) accuse B) arrest C) fine D)appeal

5. To say that someone has committed a crime.

A)  accuse B) arrest C) fine D) commit

6. A legal agreement between two or more parties.

A) prosecution B) contract C) damages D) defence

7. A group of 12 citizens who decide whether or not someone is guilty in a trial.

A) solicitors B) judges C) jury D) barristers

8. A written or spoken statement of facts which helps to prove or disprove something at a trial.

A)  evidence B) agreement C) legislation D) pupilage

9. To order someone to pay money as a punishment.

A) fine B) arrest C) commit D) convict 

II.  TYPES OF COURTS

Courts can be distinguished with regard to the type of cases they hear. Choose the right type of court according to the explanation of what happens there.

1. This is where cases involving a limited amount of money arehandled.

A) moot court B) high court (or supreme court)

C) lower court (or court of first instance) D) small-claims court

2. This is where serious criminal cases are heard by a judge and ajury in the UK.

A) crown court B) court of Justice of the European Communities

C) court (or supreme court) D) lower court (or court of first instance)

3. This is where a group of specially chosen people examine legalproblems of a particular type, such as employment disputes.

A) high court (or supreme court) B) lower court (or court of first instance)

C) appellate court (or court of appeals. appeals court) D) tribunal

4. This is usually the highest court in a jurisdiction, the court oflast resort.

A) small-claims court B) magistrates' court

C) high court (or supreme court) D) lower court (or court of first instance)

5. This court can overrule all other courts on matters of Community law.

A) court of Justice of the European Communities B) moot court

C) crown court D) lower court (or court of first instance)

III.  PEOPLE IN THE LAW

Complete these paragraphs withwords or expressions from the box.

 Judges:

a)  appointed

b)  misconduct

c)  Parliament

d)  political

e)  practise

f)  Recorders

g)  solicitor

In England, judges are 1) ******* by the Lord Chancellor*. The minimum requirement is that one should be a barrister or 2) ******* of ten years' standing. The majority of judges are barristers, but they cannot 3) ******* as barristers. 4) ******* are practising barristers who act as judges on a part-time basis. The appointment of judges is not a 5) ******* appointment, and judges remain in office unless they are found guilty of gross 6) *******. Judges cannot be Members of 7) *******. **

The jury:

a)  accused

b)  biased

c)  challenged

d)  criminal

e)  electoral register

f)  eligible

g)  inquests

h)  jurors

i)  libel

j)  verdict

k)  jury service

Juries are used in 1) ******* cases, and in some civil actions, notably actions for 2) *******. They are also used in some coroner's 3) *******. The role of the jury is to use common sense to decide if the 4) ******* should be for or against the 5) *******. Members of a jury (called 6) *******) normally have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name appears on the 7) ******* and who is between the ages of 18 and 70 is 8) ******* for 9) *******. Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness. People who are excused jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be 10) ******* if one of the parties to the case thinks they are or may be 11) *******.

* The Lord Chancellor is the member of the British government and of the cabinet who is responsible for the administration of justice and the appointment of judges in England and Wales. At the time this book was published, the role of Lord Chancellor was to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs.

** Note that in the USA, state judges can be appointed by the state governor or can be elected; in the federal courts and the Supreme Court, judges are appointed by the President, but the appointment has to be approved by Congress.

IV.  VOCABULARY: COMPANY LAW

These sentences deal with company formation and management. In each case, choose the correct word or phrase to complete them.

1. The constitution of a company a) comprises b) consists c) contains of two documents.

2. The memorandum of association a) states b) provides for c) sets up the objects of the company and details its authorised capital.

3. The articles of association contain a) arguments b) provisions c) directives for the internal management of a company.

V.  LABOUR LAW

Arrange the paragraphs(a-e) to make the whole text «LABOUR LAW».

Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organisations. As such, it mediates many aspects of the relationship between trade unions, employers and employees.

In general, there are two broad categories of labour law. First, collective labour law relates to the three-party relationship between employee, employer and union. It mostly concerns the inequality of bargaining power between employers and workers.

Second, individual labour law concerns employees' rights at work and conditions and terms of employment.

The basic feature of individual labour law is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things in order to protect employees, and facilitate a fluid labour market.

Thus employees have certain rights enforceable by law:

- the right of fair treatment regardless of age, race, religion, gender, or disabilities;

- the right to equal treatment, also with regard to wages;

- the right not to be dismissed without proper cause and the correct procedures;

- the right not to be dismissed for giving birth to a child;

- the right for compensation when employees are retrenched.

a) The central concept in collective labour law is «collective bargaining» which means negotiations between employers and employees(who are usually represented by a labor union) about terms and conditions of employment.

b) According to collective labour law a trade union may be defined as a combination of workmen whose principal object is collective bargaining. As everyone knows, the legal control of trade unions is the subject of political debate. The pivotal questions are concerned with creation, recognition and de-recognition of a trade union.

c) The bargaining process is concerned with matters relating to working conditions: i.e. wages, working hours, job security, safety regulations, extended vacations, educational and maternity leave, housing, health insurance, unemployment compensation, and perhaps most important, carefully monitored grievance procedures to protect workers against any arbitrary action. Any or all of these may be the subject of consideration. When agreement cannot be reached, a union may conduct a strike against the employer.

d) Besides representatives of management and trade unions, private mediators and government officials sometimes participate in collective bargaining, especially when a major or vital industry is involved. Collective bargaining, which began in Great Britain in the 19th century, is now a crucial part of the labor union movement and an accepted practice in many industrial nations.

e) Legal immunities of trade unions currently include:

- protection against action for conspiracy;

- protection for peaceful picketing;

- provision prohibiting any court from ordering someone to work;

- protection for persons inducing breaches of contracts of employment in contemplation or furtherance of a trade dispute.