English for Law Students

Text 2 The Legal Profession Today. Fusion?

The English pattern of work is complicated by the division of the legal profession into barristers and solicitors. It is not possible for anyone to be qualified in both branches at the same time. Traditionally, barristers have had an exclusive right of audience in the superior courts, and have not normally been instructed by a lay client direct without the intervention of a solicitor. There is not, however, any kind of work done by barristers which is not also done by solicitors. In the lower courts the advocacy work has been shared between the two branches; in tribunals it also has been shared with non-lawyers. Both barristers and solicitors do drafting work. Both may give legal advice, the solicitor directly to the client, the barrister only if approached for his or her oral or written opinion by a solicitor. This would be done where the solicitor lacks the time or resources to do the work personally, to satisfy a “difficult” client or simply because “counsel's opinion” is often regarded as especially authoritative.

The different emphases in the functions of solicitors and barristers have led to marked differences in their geographical distribution: solicitors' offices may be found throughout the country; over 70 per cent of barristers work from chambers in central London, where the superior courts sit, the rest being spread through over 30 provincial centres. A further difference which affects the way that practices are organised is that each barrister must act on his or her own account, whereas solicitors may form partnerships. Many solicitors' firms have several partners and a large employed staff, including fee-earners. Barristers are generally grouped in chambers, which provide administrative support, but a barrister may not share fees or employ fee-earners.

Arguments against fusion have centred on the English form of court procedure. First, there is heavy reliance on the oral rather than written presentation of evidence and argument. Secondly, hearings are single and continuous, this being designed to make best use of judicial time at the cost of inconvenience to practitioners and clients. Barristers are more easily and more economically organised to meet such inconvenience than solicitors could be. Thirdly, there is the “principle of judicial unpreparedness.” The judge relies upon the parties to present the case; he or she has no research or investigative staff, and limited time to do his or her own research. The requirement that the judges have confidence in the advocates appearing before them is particularly acute under such a system.

It was feared that fusion would lead to a serious fall in the quality of advocacy. The leading barristers might join the larger firms of solicitors and so be less accessible. Smaller practices might generate insufficient business to justify partnership with a barrister and find it increasingly difficult to brief a barrister of equal standing to the one retained by an opponent. The drift from smaller to larger firms might increase, with a corresponding reduction in the number of offices in smaller towns and rural areas. Smaller firms might be reluctant to refer a client to a large firm for fear of losing him or her permanently. A reduction in the number of specialist advocates might also contribute to the lowering of standards, and make it more difficult for the Lord Chancellor to make “suitable” appointments to the bench: the numbers for consideration would be increased but the candidates would not be as well known to the Lord Chancellor and his or her senior advisers.

The Courts and Legal Services Act 1990, has significantly affected the traditional work of solicitors and barristers, for example

a. The Act sets up a Lord Chancellor's Advisory on legal education and conduct. This Committee may consider applications by professional and other bodies to be granted rights of audience in court.

b. The Act also provides a framework for persons other than solicitors to conduct pre-trial work, for example the issue of writs. Such persons would have to demonstrate to the Advisory Committee that they have the necessary education and training and will be bound by an appropriate code of conduct.

c. The Act also widens rights to engage in conveyancing practitioners, licensed conveyancers who are not qualified solicitors.

d. There is no legal obligation to employ a solicitor when seeking a legal remedy. A person may conduct his own case in any court in the land. He can do his own conveyancing, drawing his own will, and conduct his own divorce provided he has the time and common sense to understand and apply the basic procedures involved.

e. Prior to the Court and Civil Services Act 1990 a barrister could only take instructions from a solicitor. Now the act allows a barrister to enter into a conduct with a client for the provision of services and payment of fees. The decisions as to which lawyers to use, and in what combinations is taken by the client in his own best interests.

Text 3 The American Legal Profession

Technically there is no such thing as an “American lawyer”: every state admits its own, and a lawyer licensed to practice in Florida is strictly speaking a layperson as far as Alabama or Alaska is concerned. Nonetheless, in the aggregate, this is a vast army of lawtrained men and women.

The profession is, and always has been, quite diverse. There are many legal worlds. To begin with, there is the world of the big firm. These big firms recruit their lawyers, by and large, from the “national” law schools - with big reputations and long traditions, like Harvard and Yale. We know in general what the work is: it includes securities law, antitrust law, bond issues, mergers, tax work, international trade. In both big and little firms, up to half the work could be described as “litigation”.

Another staple of law practice is real estate: buying and selling houses or (on a more sophisticated level) concocting elaborate deals for shopping centers, suburban developments, and office buildings, or converting luxury apartments into condominiums. Estate work is also common to big firms and little firms alike. Big firms handle these affairs for captains of industry and for great old families. Middle-sized do the same for the medium-rich -manufacturers of plastic novelties, owners of restaurants, car-wash companies, apartment buildings. Small-town lawyers and solo practitioners handle farm estates. And so on.

Some branches of practice do tend toward specialization. There are lawyers who work on port trade, on chartering ships, on show business (“entertainment law”), on trademarks and copyrights. However, few lawyers are totally specialized.

Big-firm lawyers cover many fields and many problems. But there are areas they definitely do not touch. One is divorce. It is the lawyers in smallish firms and in law clinics, and the solos, who handle “one-shot” clients - couples who want a divorce, victims of car crashes, people arrested for drunk driving. Some lawyers with one-shot clients struggle to make ends meet; others earn heaps of money.

Since the early nineteenth century, law has been a prominent way “to get ahead” in the society. For much of American history, a lawyer meant “white male.” Black lawyers were rare birds in American history. Not a single woman was admitted to the bar before the 1870s. Indeed, when women tried to break into this all-male club, they met resistance and reluctance, to say the least. Opinions changed, but slowly and grudgingly. Equality of opportunity is not an easy goal to achieve, especially with regard to barriers of class. The cost of legal education is one of these barriers. Lawyers tend to come from the families of businessmen, teachers, professionals; they are not sons of grocery clerks or coal miners' daughters. Over 73 percent of the practicing lawyers in Chicago came from “solidly middle-class or upper-middle-class-homes,” far more than if lawyers were selected from Chicago families at random. Many came from lawyerly or professional backgrounds not from working-class backgrounds.

There are law schools in every major city and in almost every state; Alaska is one of the few that lacks this modern amenity. These law schools are both different from each other and much the same. They are remarkably similar in curriculum and method. They also tend to impose the same general requirements: a college degree, and the Law School Admission Test (LSAT). But law schools are quite different in prestige, money and power - and in quality of faculty and students. The stronger older schools are able to “skim off the cream”. Harvard, Yale, Berkley, and Chicago can afford huge research libraries; small schools cannot.

Lawyers, like Americans in general, are joiners. They are united into a strong, permanent organization - the American Bar Association, the ABA, in short. There are also state, county, and city bar associations. But the ABA is still not an association of all American lawyers. No one has to join it though it has a huge membership.

Law and lawyers are expensive. Many people who want or need a lawyer have trouble paying the price. But the state provides a lawyer, free of charge “public defenders”, to anyone accused of a serious crime who cannot afford to pay on his own. For civil cases, the situation is more complicated. A few lawyers have always made it a practice to do some work free for poor clients. There are now a number of law firms organized for the “public interest”.

UNIT II

Essence of Law

READING MATERIAL

Text A What is Law?

Task: read and translate the following text.

The English word “law” refers to limits upon various forms of behaviour. There is a vague distinction between man-made law and moral precepts. Law can be defined as a set of rules which form the pattern of behaviour of a given society. Law is one the most basic social institutions - and one of the most necessary. No society could exist if all people did just as they pleased, without regard for the right of others. Nor could a society also have certain obligations toward one another. The Law also sets penalties for people who violate these rules and it states how government shall enforce the rules and penalties.

Law essentially serves two functions in modern society. First, it serves to order and regulate the affairs of all “persons” be they individuals, corporations or governments. Secondly, law acts as standard of conduct and morality. Through both of these functions law seeks to promote and achieve a broad range of social objectives. Law can appear as the highest achievement of civilization. In man's capacity to legislate against his own defects we can discern his chief claim to stand clearly above the animal level.

Law seems to exist apart from man and is not even noticed by him until somebody violates its orders or until it is called upon to defend interests that have been the object of encroachments.

The student of law is concerned with the questions of relationships between individual citizens and the state, as well as the relationships between states. The study of a legal process is the study of how decisions are made, who makes them, what the decisions are, how they influence subsequent events.

We commonly speak of both law and laws - the English law, or the laws of England; and these terms point to two different aspects under which legal science may be approached. The laws of a country are separate, distinct, individual rules; the law of a country however much we may analyse it into separate rules, it is something more than the mere sum of such rules. It is rather a whole, a system which orders our conduct, in which the separate rules have their place and their relation to each other and to the whole. Thus each rule which we call a law is a part of the whole which we call the law. Lawyers generally speak of law; laymen more often of laws. This distinction between law as a system and law as enactments is brought out more clearly in those languages which use different words for each.

In a developed state the sphere in which the law operates proves to be quite extensive. It embraces all the spheres of production, distribution and exchange. Law fixes the forms of administration and the constitutional system, and determines the legal status of citizens and activity of the state mechanism (state law, administrative law). It fixes the existing property relations and operates as a regulator of the measure and forms of distribution of labour and its products among the members of society (civil law, labour law). Finally, the law lays down the measures for combating encroachment on the state system, the existing order of social relations, together with the forms in which this is done (criminal law, procedural law, corrective labour law).

However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society's needs and attitudes.

Word Study

Ex. 1. Read the international words and guess their meaning. Mind the stress.

limit form object aspect person sphere status	operate analyze social standard function mechanism	morality activity production	individual corporation civilization distribution regulator constitutional administration

Ex. 2. Complete the list of derivatives. Use a dictionary if necessary.

Verb noun (agent) noun (concept)

to promote

to legislate legislator legislation

to operate

to distribute

to regulate

to violate

to separate

to administrate

Ex. 3. Pair the words in column B with the ones from column A.

A	B
forms set standard sphere system distribution object part violation range man-made status	of exchange of labour of law of encroachment objectives of citizens laws of behaviour of interests of morality of relationships of rules

Ex. 4. Decide which of the verbs you would use with the noun phrases you have identified in Ex. 3.

1. to fix, 2. to embrace, 3. to act, 4. to define, 5. to limit, 6. to operate, 7. to punish, 8. to apply, 9. to defend, 10. to achieve, 11. to follow, 12. to determine.

Ex. 5. Add nouns to the following adjectives to form noun phrases.

Adjectives: modern, chief, legal, existing, individual, subsequent, extensive, administrative, constitutional, moral.

Nouns: status, approach, claim, event, sphere, relations, rules, system, precept, forms.

Ex. 6. How are the following ideas expressed in the text?

1. to bear (oneself) in a socially-acceptable or polite way;

2. rightness or pureness of behaviour or of an action;

3. the control or direction of affairs, as of country or business;

4. an object to be won;

5. a guiding rule on which behaviour is based;

6. to make laws;

7. a statement of something at last;

8. the body of laws and principles according to which a country is governed;

9. a condition that determines one's formal position;

10. the way or order of directing business in an official meeting, a law case;

11. to fight or struggle against;

12. the act or result of encroaching;

Ex. 7. Match English and Russian equivalents.

forms of behaviour	установленная норма нравственного поведения
to regulate the relations	различать главное требование
to define a set of rules	устанавливать правовой статус
the pattern of behaviour	простая сумма правил
a standard of morality	форма поведения
man-made law	образец поведения
moral precepts	широкий ряд социальных целей
a broad range of social objectives	определять формы управления
to discern a chief claim	издавать закон против чьих-либо пороков
to influence subsequent events	объект посягательства
to fix the forms of administration	нечеткое различие
to determine the legal status	нравственные заповеди
to lay down the measures	определять набор правил
the mere sum of rules	закон, созданный человеком
a vague distinction	регулировать отношения
to legislate against one's defects	влиять на последующие события
the object of encroachment	устанавливать меры
to embrace spheres of production	меры по борьбе с посягательством
to be brought out as an enactment	охватывать сферы производства
measures for combating encroachment	распознавать как законодательный акт

Ex. 8. Choose the best alternative to complete the following sentences.

The English word “law” refers to limits upon various / some forms of behaviour.

Laws prescribe how people can / ought to behave.

Law essentially serves two / four functions in modern society.

There is a vague/clear distinction between man-made law and moral precepts.

Law can appear as the highest achievement of civilization/industrialization.

In a developed / feudal state the sphere in which the law operates / develops proves to be extensive.

Law fixes the forms of constitutional / educational system.

Law operates as a regulator/obstacle of distribution of labour and its products.

Lawyers generally speak of Law / moral rules.

The law of a country may be analyzed as a selection / set of rules.

The study of legal process is the study how decisions/customs are made, who makes/fixes them.

Law seems/regards to exist apart of/inside man and is not even noticed/decided by him until somebody/criminal violates its orders.

Law is called/invited upon to defend interests/habits that have been the object/crime of encroachments.

Law embraces/separates all the spheres of production, distribution and exchange.

Ex. 9. Complete the following sentences by adding the phrases given in part B.

Part A	Part B
In all societies relations between people ... Law can be defined as a set of rules which ... Law serves to order and regulate ... The functions of law seek to promote and achieve ... The student of law is concerned with ... The study of a legal process is ... Law fixes the forms of ... Law lays down the measures for ... Each rule which we call a law is a part of ... Lawyers generally speak of law and laymen ... Law embraces … Law operates … The laws of a country are … Law seems … Law is called upon …	all the spheres of production, distribution and exchange. as a regulator of the measure and forms of distribution of labour. separate, distinct, individual laws. to exist apart from man. to defend interests of the citizens. are regulated by laws. form the pattern of behaviour. the affairs of all “persons”. a broad range of social objectives. the questions of relationships between citizens and the state and between states. the study of how the decisions are made. administration and constitutional system. combating encroachment on the state system. the whole which we call the law. more often of laws.

Ex. 10. Complete the following text with the words and phrases from the box.

guarantee jail regarded in prison acquitted	violently punishment diet treatment statute warrant	justice harsh declares brought liberty similar

The Foundation of British Law: Habeas Corpus Act

Let the Body Be Brought...

In Britain, the United States and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held _______ without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so _______ that he arrested her, and a local ______ of the peace committed her _______ .

When she was finally _______ trial, Mrs. Robinson's story of her treatment in prison caused an outcry. She had been put on a _____ _____ of bread and water, forced to sleep on the bare earth, stripped, and given 50 lashes. Such ________ was barbaric even by the ______ standards of the time; what made it worse was that Mrs. Robinson was pregnant.

Public anger was so great that she was _______ the constable who had arrested her without а _______ was himself sent to prison, and the justice of the peace was severely reprimanded. And the case, along with other ________ cases, led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British _______ books, and a version of it is used in the United States, where the law was _______as such an important guarantee of ________ Article 1 of the Constitution _____ that “Habeas Corpus shall not be suspended except in cases of rebellion or invasion".

Habeas Corpus is part of a Latin phrase - Habeas corpus ad subjiciendum - that means “let the body be brought before the judge.” In effect, a writ of habeas Corpus is an order in the name of the people (or, in Britain of the sovereign) to produce an imprisoned person in court at once.

Discussion

Ex. 1. Choose the best way to complete the sentences.

1. The English word “law” refers to ...

a) development of institution of behaviour;

b) limits upon various forms of behaviour;

c) discernment in main claims for forms of behaviour.

2. Law can be defined as ...

a) a set of rules which form the pattern of behaviour of a given society;

b) a body of abstract rules of a particular society;

c) concept of common sense.

3. Law acts as ...

a) product of social and historical forces;

b) hallmark of civilized society;

c) standard of conduct and morality.

4. The study of a legal process is ...

a) the study of how decisions are made;

b) the operation of court system;

c) the influence of a society upon individual citizens.

5. Each rule which we call a law is a part of ...

a) the whole which we call the law;

b) a completely new subject;

c) the obvious question: what is law?

Ex. 2. Mark the statements which are True.

In all societies relations between people are regulated by government.

Functions of law seek to promote and achieve a broad range of social objectives.

There is a definite distinction between man-made law and moral precepts.

In man's capacity to legislate against his own defects one can discern his claim to stand above.

The spheres of law embrace all forms of production, distribution and exchange.

Law enacts the legal status of citizens and the activity of the state mechanism.

Law embraces the measures for combating encroachment.

The laws of the country are common rules enforced by the government.

Law is based upon long observation of different people in different situations.

The general nature of the law is that it is enforced equally against all members of the nation.

Ex. 3. Choose someone to act as an expect of law and answer the students' questions.

What do you mean by saying What are (is) Could you explain to me Can you tell me Could you prove that Would you give the examples of	the English word “law” refers to limits upon various forms of behaviour; laws prescribe how people ought to behave; law can be defined as a set of rules; law serves two functions in modern society; vague distinction between man-made law and moral precepts; the chief claim to stand clearly above the animal level; law is the highest achievement of civilization; the law operates in extensive spheres; two different aspects under which legal science may be approached; the distinction between law as a system and law as enactments.

Ex. 4. Digest the information on the legal heritage of Greece and Rome, mind the key issues.

The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs.

Before the Greeks most civilizations attributed their laws to their gods or goddesses. Instead, the Greeks believed that laws were made by the people for the people.

In the seventh century B.C., Draco drew up Greece's first written code of laws. Under Draco's code death was the punishment for most offenses. Thus, the term draconian usually applies to extremely harsh measures.

Several decades passed before Solon - poet, military hero, and ultimately Athens' lawgiver - devised a new code of laws. Trial by jury, an ancient Greek tradition was retained, but enslaving debtors was prohibited as were most of the harsh punishments of Draco's code. Under Solon's law citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions.

What the Greeks may have contributed to the Romans was the concept of “natural law”. In essence, natural law was based on the belief that certain basic principles are above the laws of a nation. These principles arise from the nature of people. The concept of natural law and the development of the first true legal system had a profound effect on the modern world.

Ex. 5. Render the following texts into English using the vocabulary of the present unit:

a) Драконт

Драконт (Draco [dreicou]) - афинский законодатель, чьи крайне суровые (severe) законы предусматривали только одно наказание - смерть (death penalty) - за незначительные нарушения и тяжкие преступления, совершенные в Афинах (Athens). Его имя теперь связывают со всем жестоким (ruthless)и безжалостным - “драконовские (draconian) меры”, “драконовы законы”, “драконовский кодекс”.

Кодекс Драконта, который принято датировать 621 г. до н.э., не был первым записанным сводом (written code) афинских законов, но он, возможно, был первым всеобъемлющим (all-embracing) кодексом или переработкой предыдущих законов.

Позднее Солон отменил драконтовы законы и издал новые, оставив лишь прежнее наказание за убийство (homicide).

b) Каких только глупых правил и законов нет в мире!

С сексуальными преступлениями борются и в Таиланде. Здесь нельзя выходить на улицу без нижнего белья (linen) и водить автомобиль без рубашки (shirt).

В Швейцарии весьма строго регламентируется (to regulate) вечерняя и воскресная жизнь граждан. По воскресеньям здесь запрещено пользоваться газонокосилками (lawn-mower), так как это считается недопустимым нарушением тишины, и вывешивать на просушку (to get dry) выстиранное белье. Это, по мнению властей, оскорбляет чувства верующих христиан.

Впрочем, самые удивительные законы продолжают действовать на Британских островах. В Шотландии по воскресенья фермерам запрещено ловить рыбу, но главное - напиваться (to get drunk) на глазах у своих коров.

Свои правила для барменов существуют и в Австралии. Здесь все бары, даже самые современные, должны иметь не только место для парковки автомобилей клиентов, но и конюшню (stable).

Дурацких (stupid) прав, разумеется, куда меньше, чем запретов (ban) или обязанностей. Тем не менее и они существуют. Например, в Шотландии любой человек имеет право прохода (passage) через чужие частные владения (private estates). Эта норма закреплена судебным прецедентом, которому скоро исполнится 300 лет.

В Дании и Голландии заключенные имеют полное право бежать (to escape) из-под стражи - никакого наказания за это не предусмотрено. Разумеется, полиции и тюремщикам (warders) предписано всячески препятствовать бегству заключенных, а в случае, если беглецы будут пойманы, им придется возвращаться в тюрьму. Правда, и здесь права заключенных никак не ущемлены (to infringe) - дополнительный срок за побег они не получают, а властям даже запрещено продлевать (to prolong) срок заключения на то время, которое узник находился на свободе (to be at large).

Ex. 6. Speak on the essence of Law. Include the following points.

1. Law is the highest achievement of civilization:

to refer to; to appear; various forms of behaviour;

to be regulated by laws; to define as a set of rules;

the pattern of conduct; to legislate against one's own defects;

to discern one's chief claim; to stand above the animal level.

2. Functions of law:

to serve; to regulate the affairs; to act; individuals; governments;

a standard of conduct; morality; to seek; to promote; to achieve;

a broad range; social objectives; a vague distinction; man-made law.

3. Spheres of law:

to operate; to prove; to be quite extensive; to embrace all the spheres;

of production; distribution and exchange; to fix the forms;

the constitutional system; to determine the legal status;

the existing property relations; to lay down the measures of combating encroachment.

4. Law and laws:

to point; different aspects; to approach legal science; separate; distinct; individual rules; to analyse as separate rules; to order one's conduct; the mere sum of rules; to call a law; law as a system; law as enactments.

Ex. 7. Argue the following points.

1. Laws are made to be broken.

2. The law is an ass.

3. Laws are like nets: little fish slip through them, big fish break through them and only medium-sized fish get caught.

4. There's one law for the rich and another for the poor.

5. The law of the jungle and the people.

Text B Sources of Law

Task: read the text and get ready to discuss its main points.

Students of the law discover early that law is complex and flows from a great number of sources. Law can and does take many forms. British Law comes from two main sources: Common Law, sometimes known as customary or case law, and parliamentary or statutory law. But it is the latter which in the end always prevails; there is nothing more supreme than parliamentary law.

English common law dates from the “time immemorial”. Various customs, usages and conventions have been developed throughout the history of British legal tradition. Case law arises out of disputes and may be found in the decisions of courts. This is a system in which legal decisions are based upon decisions in previous cases and on custom, rather than on detailed written law. If there is no previous similar case the court will decide by applying existing laws to a new set of facts and its decision will become a new precedent for courts to follow in the future. The essential feature then, of Common Law is, that although partly based on local and national customs it is fundamentally judge-made law developed over many centuries.

Laws made by Parliament constitute parliamentary or statutory law. Now it is parliamentary law which is gradually seeing common law off the legal field. Statute law can be used to abolish common law rules which have outlived their usefulness, or to amend the common law to cope with the changing circumstances and values of society. Once enacted, statutes, even if obsolete, do not cease to have the force of law. A statute stands as law until it is specifically repealed by Parliament. All Acts of Parliament can be repealed by subsequent Parliaments.

Statutes alone would not provide a system of law but merely a set of disjointed rules. The basis of the law remains the Common Law and if all the statutes were repealed we should still have a legal system.

Among other sources of British law lawyers name equity, natural justice, European law.

Equity dates from the fifteenth century, if not earlier, in the form of the Court of Chancery. Those who were not satisfied with the way in which the common law courts had handled their grievances might petition the King. Often it was a case of the common law being defective in its own rules or not being able to deliver the remedy appropriate to the individual's particular needs. To overcome the situation, plaintiffs started to petition the Sovereign direct, and such petitions were referred by the King to his deputy who was the principal judge in the Chancellor's Court of Chancery. Where there was a conflict between equity and common law practices in any subsequent case, equity would prevail. Even now the maxims of equity live on - for instance, `he who comes to equity must come with clean hands', or `equity looks to the intention and not to the form', `equity will not suffer a wrong to be without a remedy', `where equities are equal, the first in time shall prevail', etc. Equitable remedies appear to be capable of limitless expansion and adaptation to modern needs. The application of equitable remedies is at the discretion of the court. They will be used if the court thinks it fair, reasonable and just to do so, having regard to all the circumstances of the case. And that is the second and more general meaning of equity. Equity means in a wider sense simply justice, fairness, reasonableness. If something is inequitable, it is unfair and unjust.

Strictly speaking natural justice is not so much a source of law as a collection of procedural rules by which legal rules themselves may be considered and applied. In that sense we may refer to `rules about rules'. In practice, however, an important set of procedures becomes almost a source of law itself, and in this respect it is convenient to consider natural justice by side with the `true' sources of law. There are two principal rules of natural justice: nemo judex in causa sua (nobody may judge his own case) and audi alteram partem (hear the other side: each party to the dispute must be given a fair hearing).

In a technical sense all EEC law that applies to the United Kingdom is covered by the legislative umbrella of the European Communities Act 1972 which poses considerable problems in respect of the contrasting styles of English and European codes of law.

Ex. 1. Fill in the following chart.

Activities	Outcome of these activities
1. Students of Law discover that	......
2. .....	becomes a new precedent for courts to follow
3. Parliament makes laws which constitute	.....
4. Statute law can be used	.....
5. .....	gradually sees common law off the legal field
6. Legislation of subsequent Parliaments can	.....

Ex. 2. Comment on the correlation between sources of law and branches of law.

		Categories or branches of law
		Civil	Constitutional/ Administrative	Criminal
Sources of law	Common law
	Parliamentary law
	Equity
	Natural justice
	European law

Ex. 3. How are the following ideas expressed in the text:

A rule that is supported by the power or government and that governs the behaviour of members of a society;

that part of the law which is based on former judgements;

the body of written laws established by Parliament;

allowed or made by law;

use the former customs or decisions as a guide to present actions;

a room or building in which law cases can be heard and judged;

Text C Advantages and Disadvantages of Case Law

Task: read the text, get ready to discuss its main points.

The system of Case Law is peculiar to England and the countries which have derived their law from England. Its essential principle is the rule that decided cases are building authorities for the future. In other countries the judge is not bound by previous decisions of the same or any other court. The great advantages of a system of Common Law in the English sense are four:

Certainty. The fact that decided cases are binding for the future makes it certain or highly probable that every future case which is essentially similar will be decided in the same way. People may therefore regulate their conduct with confidence upon the law once laid down by the judges.

The possibility of growth. Where there is no system of Case Law the work of the judge is to develop new rules of law.

A great wealth of detailed rules. Case Law is much richer in detail than any code of law can possibly be.

The practical character. Case Law rules are the product of difficulties which actually arise in everyday life, they are practical in nature, not solely academic speculations.

The great disadvantages of Case Law are:

Rigidity. When a rule has once been decided, even though wrongly, it is difficult and sometimes impossible to depart from it. Flexibility is not a characteristic of Case Law.

Bulk and complexity. The fact that the rules of law are scattered over more than 2,000 volumes of law reports, makes the law extraordinary difficult to learn and apply.

Ex. 1. Put the following sentences in the logical order to speak about British case law.

1. The system of Case Law is peculiar to England.

2. People may regulate their conduct with confidence upon the law once laid down by the judges.

3. The rules of case law are practical in nature and arise in everyday life.

4. There are some disadvantages of Case Law.

5. The work of the judge is to develop new rules of law if there is no system of Case law (in the possibility of growth).

6. The law is extraordinary difficult to learn and apply because it is bulky and complex.

7. It is difficult and sometimes impossible to depart from the rule once has been decided.

Ex. 2. Complete the following table of notes.

Case Law
Advantages
To the judge	To the people
1. to decide the future case in the same way	1. to regulate the conduct
2.	2.
3.	3.
Disadvantages
To the judge	To the people
1. to depart from wrong judgement	1. to be sentenced wrongly
2.	2.
3.	3.

Text D Retrospective of British Legislation

Task: read the text and give your understanding of the underlined parts of the sentences.

In early times there were few statutes and the bulk of law was case law, though legislation in one form or another dates from A.D. 600.

The earliest Norman legislation was by means of Royal Charter, but the first great outburst of legislation came in the reign of Henry II (1154 - 1189). This legislation was called by various names: here were Assizes, Constitutions, and Provisions, as well as charters. Legislation at this time was generally made by the king, but sometimes by a kind of Parliament which consisted in the main of a meeting of nobles and clergy summoned from the shires.

In the 14th century parliamentary legislation became more general. The Tudor period saw the development of modern procedure, in particular the practice of giving three readings to a bill.

From the Tudor period onwards Parliament became more and more independent and the practice of law making by statutes increased.

Text E Early Systems of Law

Task: read the text and insert a suitable law term from the box

law	verdict	case	codify
legal	code	jury	court

One of the earliest systems of law of which we have knowledge is the collection of laws, known as the Code of Hammurabi, the Babilonian king, who lived in about 1800 B.C. Another early _______ is the code of Hebrew Law, contained in the Book of Exodus in the Bible.

In Greece each city state had its own ______ . Some laws were common to many states. In the seventh century B.C. the Greeks began to put their laws into writing. About 594 B.C. Solon, the famous Athenian law-giver, provided a new code of law. The Athenians did not consider it necessary to have _______ experts for non-criminal cases. In a civil ______ the _____ was given by a jury. The members of the _______ listened to speeches made by persons who had brought the case before them.

Roman Law is one of the greatest systems that has ever existed. It was based upon custom. Roman Law has had a strong influence on the law of most European countries and on Anglo-Saxon law, which is the other great law system of the world. In the eleventh century many European countries began to use Roman Law in their _______. In France, however, until Napoleon _______ the law in 1804, each province had its own laws. The Napoleonic Code was a splendid achievement, and it has influenced the laws of many countries in Europe and South America.

Dialogue 1. Never Leave till Tomorrow …

Task: Read the dialogue, reproduce it a) abridged, b) in the form of a monologue.

Mary: Are you doing anything tonight, Heather? Why don't we go to the concert? Your favourite jazz is playing.

Heather: Thanks. That would be great. But the trouble is I have to prepare a report for the conference. It's due¹ tomorrow.

Mary: You surprise me! Why did you put it off for so long. As far as I remember you got this assignment several weeks ago.

Heather: Yes, I know. It's always like that with me. You see, the theme of the report seemed easy at first and I thought it wouldn't take me long.

Mary: What is it about?

Heather: About the legal heritage of Greece.

Mary: Was it your choice?

Heather: Well, I am interested in history, you know. The historical development of legal system seems appealing. And I decided to start with Greece. The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Besides they thought that laws were made by the people for the people.

Mary: By the way, have you heard the name Draco?

Heather: No, but why? What has it to do with the legal heritage of Greece?

Mary: Draco was a Greek and lived in the 7^th century B.C. And it was Draco who drew up Greece's first written code of laws. And according to this code death was the punishment for the most offences.

Heather: Oh, I see why the term “draconian” is usually applied to extremely harsh measures. There is another name, Solon. He was Athen's lawgiver who devised a new code of laws.

Mary: What exactly are you going to say about Solon's law in your report?

Heather: Well, I don't really know. A lot is worth speaking about. But I have to stop on the most important facts. For example, citizens of Athens were eligible to serve in the assembly. Courts were established in which they could appeal government decisions, etc.

Mary: Will you mention the concept of “natural law” in your report?

Heather: I don't know much about it. Only that it was based on the belief that certain basic principles are above the laws of a nation.

Mary: And you should say that they arise from the nature of people. That's why the term “natural law” appeared.

Heather: Thanks for advice. I like to talk to people who know the subject.

Mary: You've thought it over, so what is left?

Heather: I need to put all my thoughts on paper and make them clear, logical and interesting.

Mary: You'll manage, you've got a night ahead. I won't keep you any more. Good luck.

Heather: Thanks.

Notes:

^1. It's due ..... - Это должно быть...

Ex. 1. How is the following expressed in the dialogue:

1. suitable to be chosen

2. to come into being, to appear

3. something which is passed down over many years within a family or nation

4. crime

5. to invent

6. task

7. cruel

8. to make a strong request for help, support

Ex. 2. Study the dialogue and make a list of expressions the speakers use to:

· give their opinion

· say they understand you

· say they agree with you

· clarify something

Ex. 3. Give Russian equivalents to the following:

1. to develop a concept of law

2. religious beliefs

3. laws were made by the people for the people

4. to draw up

5. punishment for most offences

6. extremely harsh measures

7. lawgiver

8. to be eligible

9. to appeal government decisions

10. basic principles

Ex. 4. Present the information from the dialogue making use of the following verbs:

to ask, to get interested in, to mention, to stress, to add, to make smth. clear, to agree, to disagree, to state, to underline, to remind, to wonder, to admit, to advise, etc.

Dialogue 2. At Oxford Law School

Task: study the dialogue between a British and an overseas law student.

Alexander: Frankly speaking, I can't get used to this University. No, it's not what I mean. I can't get used to the fact that I have to compare all the time the peculiarities of at least two different legal systems.	Александр: Откровенно говоря, я не могу привыкнуть к этому университету. Нет, это не то, что я имею в виду. Я не могу привыкнуть к тому, что вынужден все время сравнивать особенности, по крайней мере, двух различных правовых систем.
Robert: What exactly do you find unusual?	Роберт: Что именно ты находишь необычным?
Alexander: Well, for example, a judge here is capable of “making law”. I just can't comprehend it though I do understand that our systems are based on different legal principles.	Александр: Ну, например, судья может создавать закон. Я просто не могу это понять, хотя я действительно осознаю, что наши правовые системы основаны на совершенно различных правовых принципах.
Robert: Yes, a judge must create a new law when an Act of Parliament makes no provision and there is no existing precedent for the case under consideration.	Роберт: Да, судья должен создать новый закон, когда нет постановления Парламента и нет в наличии прецедента по рассматриваемому делу.
Alexander: I think a judge must experience a feeling of great responsibility doing it.	Александр: Судья, должно быть, испытывает огромное чувство ответственности, делая это.
Robert: No doubt, as his decision will become a new precedent for other courts to follow in future. And mind that the doctrine of precedent is the essential feature of British Law.	Роберт: Несомненно, т.к. его решение станет новым прецедентом, которому другие суды должны будут следовать в будущем. Ты должен помнить, что доктрина прецедента является существенной чертой Британского права.
Alexander: Don't you want to say that the role of Common Law is greater than that of Statutory Law?	Александр: Не хочешь ли ты сказать, что роль Общего права более значима, чем роль Статутного права?
Robert: No, I wouldn't say that. But Common Law still remains the basis of Law. But as to me, continental codes then get out of date too often. You should admit it.	Роберт: Нет, я бы так не сказал. Но Общее право все еще остается основой права. Что касается континентальных кодексов, то они слишком часто устаревают. Ты должен признать это.
Alexander: Yes, life changes, it dictates new rules and that's why the laws must also change not to become outdated. But what is worth discussing is the way they are changed. I'm sorry, I must be going …	Александр: Да, жизнь меняется, она диктует новые правила. Вот почему законы должны тоже меняться, чтобы не устаревать. Но, что стоит обсудить, это как они должны изменяться. Прости, я спешу …

Ex. 1. Find English equivalents to the following:

cоздавать, существенная черта, рассматриваемое дело, быть способным что-то делать, привыкнуть, необычный, понимать, стоить чего-то, постановление, по крайней мере, быть основанным, следовать чему-то, ответственность, устареть, особенность.

Ex. 2. Fill in the blanks with the appropriate derivatives form the box:

to interpret _ interpretation to apply _ application to interrupt _ interruption	to operate _ operation to exaggerate _ exaggeration to regulate _ regulation

1. If a particular law doesn't operate in society there of course must be good reason for that. Its _____ depends on various circumstances including those of social system itself, political situation and social trends.

2. Judge applies law. _____ of Law is backed by police and court system.

3. The law will be interrupted to interpret it for the particular case. _____ and _____ of law is made by judge in the Common Law system.

4. I am afraid he has exaggerated the importance of the event. His _____ makes it difficult to understand its actual impact.

5. It is the legal system that regulates relations between institutions of this kind and private individuals. These _____ make it possible to interact peacefully.

Ex. 3. Sum up the information you have learned from the dialogue making use of the following:

to get used to smth., peculiarity, to comprehend, to create, provision, precedent, responsibility, essential feature, to admit, to get out of date, to be worth doing smth.

LISTENING COMPREHENSION

Text The Spread of Common and Continental Law

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