English For Lawyers

Reading and understanding of original professional literature. Obtaining necessary information from legal documents and reproduction of the contents read in English or in the native language. Word formation and spelling of endings, legislative terms.

Рубрика Иностранные языки и языкознание
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Язык английский
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intellectual qualities

розумові здібності

stable nervous system

стійка нервова система

readiness to speak

готовність розмовлять

power of concentration

вміння сконцентруватися

quickness of mind

кмітливість

good memory

гарна пам'ять

swift reaction

швидка реакція

self command

вміння володіти собою

to get on with people

знаходити спільну мову з людьми

to acquire information

здобувати інформацію

to analyze information

аналізувати інформацію

to interpret information

тлумачити інформацію

to make complex dicision

приймати складні рішення

to interact

взаємодіяти

to be striving for money

прагнути грошей

Benefit

користь, вигода

to require courage

потребувати мужності

Belief

віра

Noble

благородний

Arbitrariness

свавілля

to render assistance

надавати допомогу

to resolve problems

вирішувати проблеми

Activity 2.

Answer the questions:

1. Why have you chosen law as your future profession?

2. What is sufficient to make a lawyer?

3. What personal intellectual qualities must a lawyer possess?

4. Why is this work especially hard at present?

5. What are lawyers supposed to deal with?

6. What skills and abilities do you need for your future work?

Activity 3.

Find in the text English equivalents to the following:

1) бути достатнім;

2) особливі якості та розумові здібності;

3) стійка нервова система;

4) готовність розмовляти;

5) вміння сконцентруватися;

6) кмітливість;

7) швидка реакція;

8) вміння володіти собою;

9) почуття відповідальності;

10) вміння знаходити спільну мову з людьми;

11) вимагати мужності;

12) стійка віра в обраний шлях;

13) широкий світогляд;

14) отримати матеріальні блага

Activity 4.

Combine elements from A and B:

A

B

Responsible

information

Intellectual

situations

Swift

flowers

Diplomatic

qualities

Proper

work

Fragile

skills

Interpret

understanding the law

Complicated

reaction

Indispensable

job

Activity 5.

Match the following Ukrainian expressions with their English equivalents and memorize them:

1) стійка нервова система

2) вміння сконцентруватися

3) кмітливість

4) швидка реакція

5) вміння володіти собою

6) почуття відповідальності

7) знаходити спільну мову з людьми

8) стійка віра в обраний шлях

a) get on with people

b) a strong belief in the chosen course

c) stable nervous system

d) a sense of responsibility

c) self-command

f) quickness of mind

g) swift reaction

h) power of concentration

Activity 6.

Translate into English:

ХТО ТАКИЙ ЮРИСТ?

Професія юриста дуже давня. Діяльність юриста вважалася ціл¬ковито необхідною в усі часи, але зараз її важливість значно зросла.

Стати юристом нелегко. Знання законів, якими б глибокими вони не були, недостатньо для того, щоб стати гарним юристом. Окрім знань, юрист повинен мати такі особисті та розумові якості, як стійка нервова система, вміння сконцентруватись, кмітливість, гарна пам'ять, швидка реакція і багато іншого. Почуття відповідальності, вміння володіти собою та знаходити спільну мову з людьми - це ті невід'ємні риси, що роблять юриста кваліфікованим. Юрист завжди повинен мати стійку віру в вибраний шлях та пам'ятати, що його завдання - допомагати людям. Головною метою юриста ніколи не повинні бути ні жага грошей, ні отримання матеріальної вигоди, яку може запропонувати ця професія.

Робота юриста - необхідна та одна з найблагородніших у світі.

Activity 7.

Retell the text 'Being a Lawyer

Proverbs and quotations to be discussed:

1. Never too late to learn.

2. Many words hurt more than swords.

3. Do you love life? Then do not squander time, for that is the stuff life is made of. (Benjamin Franklin).

4. Brevity is great charm of eloquence. (Cicero).

UNIT FIVE. HISTORY UKRAINE

Ukrainians have lived on the territory of present-day Ukraine for millennia. The roots of the Ukrainian nation are found in Trypillian culture which developed in the Middle Dnipro region in the third millennium B. C., in I he heritage of the Scythian tribes and Chemiakhiv culture. More than 1,100 years ago Kyivan Rus' - Ukraine, a powerful European medieval monarchy, was established on Ukrainian territory. Its lands extended to the mil of Finland and the largest lakes of Karelia in the north, to the upper i on se of the Volga in the east, and to the Sian and Western Buh rivers in the west. The cities of Premyshl, Sanok and Kholm in the present-day Poland were founded by Ukrainian princes. The rulers of Kyivan Rus' - Ukraine * out rolled the lands above the Tyssa and the Carpathian mountains and ruled ov ci the Crimean peninsula in the south.

As a borderland bridging the East and West, Ukraine was vulnerable to invaders from all sides. Its history abounds in tragic pages - those of Invasions, conquests, and plundering.

Kyivan Rus', the historical ancestor of Ukraine, was peopled by vurious Slavic tribes. Kyiv was the centre of the powerful princely state that dominated eastern Europe from the 10th through the 13th century. It was the centre of trade, Slavic culture, and Byzantine Christianity. Kyivan Rus was in Its heyday at that time. However, internal dissension weakened the state and It was plundered and ruined by the Tatar and Mongol invaders. A well-known Russian historian academician V. Kluchevsky wrote that "if Kyiv had not been ruined by the Tatars, it would have remained the capital of the great I Ikrainian state, and the Russian city of Moscow would not have become the centre of the monarchy and later the centre of tsarist Russia. The official language would have been Ukrainian. Ukrainian writer Gogol would not have had to write in Russian and Pushkin would have written in Ukrainian."

Kozak period. Kozak comes from a Turkish word meaning a free man. I'he Kozaks set up democratic military communities and elected their leaders who were called Hetmans. From their island stronghold on the Dnipro the Kozaks attacked Turks and Tatars and struggled against the Polish and Russians. After a lengthy period of struggle for its independence from I ithuania and Poland, Ukraine re-appeared on the political map of Europe with the emergence of the military organisation of the Zaporizhian Kozak Sich whose armies led by Hetman Bohdan Khmelnytskyi waged victorious national liberation war of 1648-1654.

However, the brief period of the revival of I Iknilniiin statehood was followed by centuries of colonial oppression under the Russian Empire and Poland. After the disintegration of the Polish state in 1772, its western Ukrainian lands came under the Austrian rule.

As a result of the 1917 revolution in Russia, the Russian monarchy fell and the empire disintegrated. On January 22, 1918, the independent Ukrainian National Republic was proclaimed. But unfortunately it did not last long.

The 1930s were a tragic period in the history of Ukraine. The Soviet government of Stalin, Kaganovych, Molotov and Postyshev pursued a consistent policy aimed at destroying the social foundations of Ukrainian national consciousness. The Ukrainian national intelligentsia was either exterminated or forced to move. As a result of the genocidal famine of 1932- 33 deliberately engineered by Soviet leaders almost eight million Ukrainians were starved to death. During the Second World War another 7.5 million lives were lost, including almost four million civilians killed and 2.2 million taken to Germany as labourers. Cities, towns and thousands of villages were devastated.

With the collapse of the Soviet Union Ukraine has become independent again. On July 16, 1990 the Verkhovna Rada of Ukraine adopted an important document - the Act declaring Ukraine's sovereignty. And on 24 August 1991 the Ukrainian Parliament proclaimed the independence of Ukraine which was approved by the nation-wide referendum of December 1, 1991.

Activity 1.

Memorise the following word combinations. Use them in sentences of your own.

Trypillian culture

Трипільська культура

B.C. Before Christ

до нашої ери

Scythian tribes

Скіфські племена

medieval monarchy

середньовічна монархія

to rule

правити

Vulnerable

незахищена

to abound in

бути багатим на щось

Invaders

загарбники

Invasion

вторгнення

Conquest

підкорення, завоювання

to plunder

грабувати

Ancestor

пращур

powerful princely state

могутня княжа держава

to emerge

з'явитися

to dominate

домінувати

internal dissension

внутрішні чвари

Heyduy

розквіт

to weaken

ослабити

To wage national liberation war

вести національно-визвольну війну

Disintcgration

розпад

To be proclaimed

бути проголошеною

to pursue a consistent policy

проводити послідовну політику

natlional consciousness

національна свідомість

To exterminate

винищити

Famine

голод

In be- starved to death

помирати від голоду

to devastate

спустошувати, розоряти

Collapse

падіння

to proclaim sovereignty

проголосити суверенітет

to proclaim independence

проголосити незалежність

to he approved

затверджувати

Activity 2.

Answer the following questions:

1. How long have Ukrainians lived on the territory of present-day Ukraine?

2. When was Kyivan Rus, the historical ancestor of Ukraine, established?

3. When was Kyivan Rus in its heyday?

4. What weakened this powerful state?

5. Why was Ukraine vulnerable to invaders from all sides?

6. What did a well-known Russian historian academician V. Kluchevsky write?

7. When did the national liberation war led by Hetman Bohdan Khmelnytsky start?

8. When was the independent Ukrainian republic proclaimed?

9. How many Ukrainians were starved to death as a result of the genocidal famine of 1932-33 deliberately engineered by Soviet leaders?

10 When did Ukraine become independent again?

Proverbs and quotations to be discussed:

1. Never put off till tomorrow what you can do today.

2. New brooms sweet clean.

3. History is little more than the register of crimes, follies and misfortunes of mankind (Edward Gibbon).

4. He is the happiest, be he king or peasant, who finds peace in his home (Goethe).

UNIT SIX. THE COSTITUTION OF UKRAINE

The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people -- citizens of Ukraine of all nationalities,

expressing the sovereign will of the people,

based on the centuries-old history of Ukrainian state-building and on the right to self-determination realised by the Ukrainian nation, all the Ukrainian people,

providing for the guarantee of human rights and freedoms and of the worthy conditions of human life,

caring for the strengthening of civil harmony on Ukrainian soil,

striving to develop and strengthen a democratic, social, law-based state,

aware of our responsibility before God, our own conscience, past, present and future generations,

guided by the Act of Declaration of the Independence of Ukraine of 24 August 1991, approved by the national vote of 1 December 1991,

adopts this Constitution -- the Fundamental Law of Ukraine.

Chapter I

General Principles

Article 1

Ukraine is a sovereign and independent, democratic, social, law-based state.

Article 2

The sovereignty of Ukraine extends throughout its entire territory.

Ukraine is a unitary state.

The territory of Ukraine within its present border is indivisible and inviolable.

Article 3

The human being, his or her life and health, honour and dignity, Inviolability and security are recognised in Ukraine as the highest social vuluc.

Human rights and freedoms and their guarantees determine the essence in ill orientation of the activity of the State. The State is answerable to the Individual for its activity. To affirm and ensure human rights and freedoms is the. main duty of the State.

Article 4

There is single citizenship in Ukraine. The grounds for the acquisition ui ul lermination of Ukrainian citizenship are determined by law.

Article 5

Ukraine is a republic.

The people are the bearers of sovereignty and the only source of power in 1 Ikraine. The people exercise power directly and through bodies of state power and bodies of local self-government.

The right to determine and change the constitutional order in Ukraine belongs exclusively to the people and shall not be usurped by the State, its bodies or officials.

No one shall usurp state power.

Article 6

State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power.

Bodies of legislative, executive and judicial power exercise their authority within the limits established by this Constitution and in accordance with the laws of Ukraine.

Article 7

In Ukraine, local self-government is recognised and guaranteed.

Article 8

In Ukraine, the principle of the rule of law is iwogni.scd and effective.

The Constitution of Ukraine has the highest legal force. I aws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and shall conform to it.

The norms of the Constitution of Ukraine are norms of direct effect. Appeals to the court in defence of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the Constitution of Ukraine are guaranteed.

Article 9

International treaties that are in force, agreed to be binding by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine.

The conclusion of international treaties that contravene the Constitution of Ukraine is possible only after introducing relevant amendments to the Constitution of Ukraine.

Article 10

The state language of Ukraine is the Ukrainian language.

The State ensures the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine.

In Ukraine, the free development, use and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed.

The State promotes the learning of languages of international communication.

The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and is determined by law.

Article 11

The State promotes the consolidation and development of the Ukrainian nation, of its historical consciousness, traditions and culture, and also the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine.

I Ikraine provides for the satisfaction of national and cultural, and (HlgllUtlc needs of Ukrainians residing beyond the borders of the State.

Article 13

The land, its mineral wealth, atmosphere, water and other natural ivNources within the territory of Ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the Ukrainian people. Ownership rights on behalf of the Ukrainian people are exercised by bodies of state power and bodies of lm nl.elI-government within the limits determined by this Constitution.

Every citizen has the right to utilise the natural objects of the people`s right of property in accordance with the law.

Property entails responsibility. Property shall not be used to the ilcli iment of the person and society.

I he State ensures the protection of the rights of all subjects of the right nl property and economic management, and the social orientation of the tnoiny. All subjects of the right of property are equal before the law.

Article 14

I and is the fundamental national wealth that is under special state protection.

I he right of property to land is guaranteed. This right is acquired and utilised by citizens, legal persons and the State, exclusively in accordance with the law.

Article 15

Social life in Ukraine is based on the principles of political, economic mid ideological diversity.

No ideology shall be recognised by the State as mandatory.

Censorship is prohibited.

The State guarantees freedom of political activity not prohibited by the Constitution and the laws of Ukraine.

To ensure ecological safety and to maintain the ecological balance on the territory of Ukraine, to overcome the consequences of the Chomobyl catastrophe -- a catastrophe of global scale, and to preserve the gene pool of the Ukrainian people, is the duty of the State.

Article 17

To protect the sovereignty and territorial indivisibility of Ukraine, and to ensure its economic and informational security are the most important functions of the State and a matter of concern for all the Ukrainian people.

The defence of Ukraine and the protection of its sovereignty, territorial indivisibility and inviolability, are entrusted to the Armed Forces of Ukraine.

Ensuring state security and protecting the state border of Ukraine are entrusted to the respective military formations and law enforcement bodies of the State, whose organisation and operational procedure are determined by law.

The Armed Forces of Ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of citizens or with the intent to overthrow the constitutional order, subvert the bodies of power or obstruct their activity.

The State ensures the social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as of members of their families.

The creation and operation of any armed formations not envisaged by law are prohibited on the territory of Ukraine.

The location of foreign military bases shall not be permitted on the territory of Ukraine.

Article 18

The foreign political activity of Ukraine is aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community, according to generally acknowledged principles and norms of international law.

Піе legal order in Ukraine is based on the principles according to which iin one shall be forced to do what is not envisaged by legislation.

Bodies of state power and bodies of local self-government and their ollkials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and the laws of Ukraine.

Article 20

The state symbols of Ukraine are the State Flag of Ukraine, the State < out of Arms of Ukraine and the State Anthem of Ukraine.

The State Flag of Ukraine is a banner of two equally-sized horizontal bunds of blue and yellow.

The Great State Coat of Arms of Ukraine shall be established with the nnsideration of the Small State Coat of Arms of Ukraine and the Coat of Aims of the Zaporozhian Host, by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.

The main element of the Great State Coat of Arms of Ukraine is the Emblem of the Royal State of Volodymyr the Great (the Small State Coat of Amis of Ukraine).

The State Anthem of Ukraine is the national anthem set to the music of M Verbytskyi, with words that are confirmed by the law adopted by no less I him two-thirds of the constitutional composition of the Verkhovna Rada of I Ikraine.

The description of the state symbols of Ukraine and the procedure for lheir use shall be established by the law adopted by no less than two-thirds of l he constitutional composition of the Verkhovna Rada of Ukraine.

The capital of Ukraine is the City of Kyiv.

Activity I.

Memorise the following words and words combinations Use them in sentences of your own.

on behalf of the Ukrainian people

від імені українськог о народу

the right to self determination

право на самовизначення

human rights and freedoms

свободи та права людини

the streng thening of civil harmony

зміцнення громадянської злагоди

law-based state

правова держава

future generations

прийдешні покоління

unitary state

унітарна держава

indivisible and inviolable

цілісний та недоторканий

the highest social value

найвища соціальна цінність

to affirm and insure human rights

затверджувати та забезпечувати права та свободи людини

single citizenship

єдине громадянство

exercise power

здійснювати владу

to determine

визначати

to usurp state power

узурпувати державну владу

division into legislative, executive and judicial power

поділ на законодавчу, виконавчу та судову владу

answerable to the individual

відповідальна перед особою

the highest legal force

найвища юридична сила

to insure the comprehensive development and functioning of the Ukrainian language

забезпечувати всебічний розвиток і функціонування української мови

throughout its entire territory

по всій її території

to promote the learning of languages of international communication

сприяти вивченню мов міжнародного спілкування

ethnic, cultural, linguistic and religious identity

етнічна, культурна, мовна та релігійна самобутність

indigenous peoples

корінні народи

national minorities

національні меншини

ownership rights

права власника

detriment

шкода

to insure protection

забезпечувати захист

to insure ecological safety

забезпечувати екологічну безпеку

to maintain the ecological balance

підтримувати екологічну рівновату

to overcome the consequences

подолати наслідки

to preserve the gene pool

зберегти генофонд

Аctivity 2.

Leart the summary based on the Constitution of Ukraine

On 28 June 1996, the Verkhovna Rada of Ukraine, on behalf of the I M i tiiiian people, adopted the Constitution of Ukraine.

The Constitution consists of the Preamble and 15 chapters. The institution enshrined the fundamental rights and freedoms of Ukrainian people. Chapter one sets out general principles. According to Article 1 Ukrai¬ne is sovereign and independent, democratic, social and law-governed state.

The sovereignty of Ukraine extends throughout its entire territory.

The human being, his or her life and health, honour and dignity are iceognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the essence and orientation of the activity of the state. The State is answerable to the individual for its activity.

The people are the bearers of sovereignty and the only source of power m I Ikraine. They exercise power directly and through bodies of state power mul local self-government. The right to determine and change the institutional order in Ukraine belongs exclusively to the people and shall not be usurped by the State, its bodies or officials.

State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power. The principle of the rule of law is i ecognized and effective in Ukraine.

The Constitution of Ukraine has the highest legal force. All laws and other normative legal acts are adopted on the basis of the Constitution and.hall conform to it.

International treaties ratified by the Verkhovna Rada are part of the national legislation. The conclusion of international treaties that contravene the institution is possible only after introducing relevant amendments to the institution.

The state language in Ukraine is the Ukrainian language. The State promotes the consolidation and development of the Ukrainian nation, of its historical consciousness, traditions and culture, and also the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine.

According to Article 16, it is the duty of the State to ensure ecologicM safety, to overcome the consequences of the Chornobyl catastrophe and to preserve the gene pool of the Ukrainian people.

One of the most important functions of the State is to protect the sovereignty and to ensure state security.

The State symbols of Ukraine are the State Flag, the State Coat of Arms and the State Anthem of Ukraine.

Activity 3.

Ask your classmate to answer the following questions:

1. When was the Constitution of Ukraine adopted?

2. How many chapters does it comprise?

3. What does chapter one deal with?

4. Who is the State answerable to?

5. Who does the right to determine and change the constitutional order in Ukraine belong to?

6. When did the Constitution of Ukraine enter into force?

Activity 4.

Translate the following questions into English and ask your classmates to answer them:

1. Хто визнається найвищою соціальною цінністю в Україні?

2. Про що йдеться у першому розділі Конституції?

3. Коли Конституція України набрала чинності?

4. Чи визнається та чи діє принцип верховенства права в Україні?

5. Чи може бути підписаний і ратифікований міжнародний договір, що суперечить Конституції?

7. Кому належить право змінювати конституційний лад в Україні?

8. На яких засадах здійснюється державна влада в Україні?

9. Держава сприяє консолідації та розвиткові української нації, чи не так?

Proverbs and quotations to be discussed:

1. Between two evils, choose neither; between two goods, choose both. (Tryon Edwards).

2. When you have to make a choice and don't make it, that in itself is a choice (William James).

3. Life often presents us with a choice of evils rather than of goods (Charles Caleb Colton).

4. He who makes no mistakes, makes nothing.

UNIT SEVEN. THE CONSTITUTION OF THE UNITED STATES

The Constitution of the United States sets forth the nation's fundamental law. It establishes the form of the national government and Minrights and liberties of the American people. It also lists the aims of the government and methods of achieving them. The Constitution was written to organize a strong government for the American states. Previously the nation's leaders had established a national government under the Articles. But the Articles granted independence to each state. They lacked the authority to make the states work together to solve national problems.

After the states won independence in the Revolutionary War (1775- 1783), they laced the problems of creating peacetime government. The states IimiI in enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. They also had to deal with Indian tribes and negotiate with other governments. Leading statesmen, such as George Wnnlilnglon and Alexander Hamilton began to discuss the creation of a Killing national government under a new constitution. In 1787 the national invention met in Philadelphia to revise the Articles of Confederation. But the majority of the delegates at the convention decided to write a new plan of guv eminent - the Constitution of the United States. The Constitution established not merely a league of states but a government that exercised its Miilhoi ity directly over all citizens. The Constitution also defined clearly the jiowm of the national government. In addition, it established protection for llie i Ights of the states and of every individual.

The Constitution consists of a preamble, seven articles and 26 iimemlments. It sets up a federal system by dividing powers between the imtionnl and state governments. It also establishes a balanced national mivi inment by dividing authority among three independent branches - the executive, the legislative and the judicial. The legislative branch makes the Idw, the executive branch enforces the law and the judicial branch explains the law. The executive branch of the national government is represented by Congress and the judicial branch by l lie Supreme Court. The separation of powers between the three branches was ill igned to provide checks and balances, so that no branch would become loo powerful. Federal powers listed in the Constitution include the right to collect luxes, declare war and regulate trade. In addition to these delegated, or expressed powers (those listed in the Constitution), the national government has implied powers (those reasonably suggested by the Constitution). The implied powers enable the government to respond to the changing needs of the nation. For example, Congress had no delegated power to print paper money. But such power is implied in the delegated powers of borrowing and coining money.

There are some powers that the Constitution does not give to the national government or forbid to the states. These reserved powers belong to the people or to the states. State powers include the right to legislate on divorce, marriage and public schools. Powers reserved for the people include the right to own property and to be tried by a jury. In some cases, the national and state governments have concurrent powers - that is, both levels of government may act. The national government has supreme authority in case of a conflict.

The Supreme Court has the final authority to interpret the Constitution. It can set aside any law- federal, state or local - that conflicts with any part of the Constitution. Through the years, the Constitution has expanded and developed to meet the changing needs of the United States.

Amendments are additions to the Constitution. Amendments may be proposed by two-thirds of each house of Congress or by a national convention called by Congress. An amendment becomes part of the Constitution after being ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states. Congress decides which form of ratification should be used and how much time the states have to consider each amendment.

Activity 1.

Memorize the following words and word combinations:

to set forth

закріпити

to define the rights and liberties

визначати права і свободи

methods of achieving the aim

методи досягнення мети

under the Articles of Confederation

згідно з Угодою про Конфедерацію

to grant independence

надати незалежність

they lacked the authority

їм бракувало повноважень

to solve problems

вирішувати проблеми

to win independence

вибороти незалежність

to enforce law and order

забезпечувати дотримання правопорядку

to collect taxes

збирати податки

to negotiate with

домовлятися (з кимсь)

Activity 2.

Answer the following questions:

1. When was the US Constitution adopted?

2. How many articles does the Constitution consist of?

3. In what way does the Constitution establish a balanced national government?

4. What are the three independent branches of state power?

5. What does the legislative branch do?

6. Who is the executive branch represented by?

7. What powers are reserved for the states?

8. In what cases do federal and state governments have concurrent powers?

9. What is the task of the Supreme Court of the United States?

10. Who may propose an amendment to the Constitution?

11 When does an amendment become part of the Constitution?

12 How many amendments were ratified and became part of the Constitution?

Proverbs and quotations to be discusscd:

1. Everyone thinks of changing the world, but no one thinks of changing himself (Leo Tolstoi).

2. He that once deceives is ever suspected.

3. Repentance is good but innocence is better.

UNIT EIGHT. TLEGAL PROFESSION IN BRITAIN

Solicitors

Although the United Kingdom shares one government, it has several |u|i.il systems. Both Northern Ireland and Scotland have separate laws, IihIii laries and legal professions. Within England and Wales the legal roli'ssion is divided into two main branches: solicitors and barristers, hnli. itors are members of an independent legal profession. There are over practising solicitors in England and Wales, all of whom have met high IImiuImkIs of education and training, and must abide by strict codes of conduct liitil down by their professional body, the Law Society.

The role of solicitors is to provide legal services, including representation and pleading in court, to the general public, business, other professions and foreign clients. Almost 90% of solicitors work in private pirn lice, either as sole practitioners or in a partnership. Sole practitioners are milicitors who own and manage their own firms. To become a sole lilm litioner a solicitor must have been qualified for three years. There are Mliimsl 10,000 solicitors' firms in England and Wales, operating from about I 1,000 offices across the country. In addition some firms have offices abroad, pnilit ularly in other parts of Europe, the United States, the Middle East and Last, where they advise clients on English and international law. Most In ms have four or fewer partners, but there is a growing trend towards larger firms as law becomes increasingly complex and specialised. Firms with 20 partners or more are becoming common and the largest firms have more than 100 partners.

About 10% of solicitors are employed either by local or central government, or by companies in commerce and industry, who have their own departments. A further 1,200 solicitors are employed full-time by the own Prosecution Service, a government agency which prosecutes in i nminal cases on behalf of the police.

While a single firm might offer a full range of services, individual milicitors and firms are specialising in areas of law in which they are experts, this is particularly true of firms dealing with business clients, more often luiiiul in the major cities: they specialise in banking law, entertainment law, utiporate and commercial law, construction, trusts, environmental law, Insurance, intellectual property, tax, competition, shipping and arbitration.

Barristers

There are over 8,000 practising barristers in England and Wales. Although most advocacy is undertaken by solicitors, barristers are often instructed to conduct a case because of their expertise and experience in pleading before the courts. Recent legislation has removed the monopoly which allowed only barristers to appear as advocates in higher courts, and solicitors are now acquiring rights of audience in the higher as well as the lower courts.

Practising barristers are all self-employed, although they share offices which are called `chambers'. Due to the nature of barristers' work, the chambers are only to be found near major courts. In general, a barrister has no direct contact with the client, only through the instructing solicitor. The solicitor will choose the barrister best suited to the needs of the client. To instruct a barrister, the barrister's clerk should be contacted, who acts as manager for a set of chambers.

Many barristers, especially Queen's Counsel, have wide experience of conducting commercial arbitrations.

Judges

By contrast with many other European countries, the judiciary in England and Wales is not a separate career. Judges are appointed from both branches of the legal profession. They serve in the House of Lords (which is the final appellate court), the Court of Appeal, the High Court and Crown Court or as Circuit or District Judges. The Circuit Judges sit either in Crown Courts to try criminal cases or in County Courts to try civil cases. District Judges sit in County Courts. There are also part-time Judges, who serve in the Crown Court, County Court or on various tribunals, for instance those dealing with unfair dismissal from employment.

In fact, most cases are dealt with not by judges but by lay people, who are appointed to various tribunals because of their special knowledge, experience and good standing. For instance, the majority of criminal cases are judged by Justices of the Peace in Magistrates' Courts. They are not legally qualified or paid, but are respected members of the community who sit as magistrates part-time.

All members of the judiciary are appointed by the Lord Chancellor who is a member of the Government and also the Speaker of the House of Lords. The Lord Chancellor holds a function similar to that of a Minister of Justice, although some matters concerning the administration of justice are the responsibility of the Home Secretary.

Once appointed, Judges are completely independent of both the legislature and the executive, and so are free to administer justice without fear of political interference.

Activity1.

In the text above, find answers to the following questions:

1. How many solicitors practise in England and Wales?

2. What requirements must a solicitor have met to become a sole practitioner?

3. What monopoly has recent legislation removed?

4. The Law Society is the professional society of solicitors, isn't it?

5. Why are the barristers' chambers to be found near to the major courts?

6. What cases do County courts deal with?

7. Which court is the final appellate court in England?

Activity 2.

Some of the following statements are true, others are false. Mark true statements with +, false ones with -

1. All members of judiciary are appointed by the Minister of Justice.

2. Justices of the Peace in Magistrates' Courts are not legally qualified.

3. About 10% of solicitors are self-employed.

4. All barristers in England and Wales must abide by strict codes of conduct laid down by their professional body, the Law Society.

5. In England most cases are dealt with not by judges but by lay people.

6. All magistrates sit part-time.

Activity 3.

Give a summary of the text using the following key words:

share one government, separate legal systems, meet high standards of education and training, abide by strict codes of conduct, provide legal services, including representation and pleading in court, sole practitioners, in a partnership, solicitors who own and manage their own firms, to be employed either by local or central government, or by companies in commerce and industry, who have their own legal departments, to be employed full-time by the Crown Prosecution Service, entertainment law, corporate and commercial law, construction, trusts, environmental law, insurance, intellectual property, tax, competition, shipping and arbitration, because of their expertise and experience in pleading before the courts, remove the monopoly, acquire rights of audience in the higher courts, self- employed, lay people, tribunals, unfair dismissal from employment, experience and good standing.

Quotations to hr discusscd:

1 Win destroys men, but luxury destroys mankind, at once corrupts the luuly and the mind. (John Crowne).

2 Brevity is a great charm of eloquence. (Cicero).

3 Not he who has much is rich, but he who gives much (Erich Fromm).

UNIT NINE. SIGHTSEEING IN KYIV

Legendary Kyiv has been standing on the steep hills overlooking the Dnipro River for more than 1500 years. According to an ancient legend, Kyiv was founded by three brothers Kyi, Schek and Khoryv and their sister Lybid and was named after the eldest brother Kyi. Kyiv became the capital of the Kyivan Rus at the beginning of the 9th century. Being a centre of trade routes between the Baltic and the Mediterranean, it reached its heyday in the 1lth- 12th centuries. Kyiv's sights attract visitors from all over the world. Just a few of Kyiv's attractions are described here.

Sofiyivsky Cathedral was constructed in 1017-31 in honour of Prince Yaroslav the Wise's victory over the Pecheneh tribe. It was the main metropolitan church of Kyivan Rus'-Ukraine. Ceremonies to designate envoys, public meetings, and the writing of chronicles took place here. The first library in Kyivan Rus' was located here. The cathedral bears a resemblance to Byzantine constructions, but there is no direct analogy. The church facades were not plastered and were embellished with decorative niches, ornaments, and paintings. The interior reveals the harmonious union of mosaics and fresco paintings where religious and secular themes predominate. Of great value are the decorative works of the fifth century: the Metropolitan's chair, the choir loft. The interior of the cathedral is also embellished with fresco ornamentation, mosaic pavement, marble decora¬tions, etc. Yaroslav the Wise, Vsevolod, Rostyslav, and Volodymyr Mono- makh were buried here. But only the sarcophagus of Yaroslav the Wise has been preserved. In 1685-1707 the cathedral was rebuilt in the Ukrainian Baroque style. A Baroque iconostatis was built in 1731-47. St.Sophia's cathedral is widely known as a masterpiece of world architecture.

Kyivan Cave Monastery was founded in 1051 by the monks Antoniy and Feodosiy. In the 11th century it became the centre for the expansion and consolidation of Christianity in Kyivan Rus'- Ukraine. The chroniclers Nykon, Nestor, Sylvester, artists Alimpiy, Hryhoriy at one time worked in the monastery. In 1240 it was looted and destroyed by the Tatar-Mongol armies of Khan Batyi. The majority of the structures is built in the Ukrainian Baroque style.

Near Caves, 1051. So-called because of their proximity to the Uspensky (Dormition) Cathedral. They were first mentioned in the Tale of Bygone Years for the year 1051. The near caves are also called Anthony's caves in honour of the monastery's founder. The caves were first used to monks and later as burial places The unique geological structure of the Mild constant temperature resulted in the natural mummification of some llip interred remains. There are 75 burial niches in the caves. In the Near NVi'K three crypt churches have been preserved. Each of them has a gilded bronze iconostasis executed by Kyiv master builders F. Korobka and Z. Bryzhunov

Far caves, 1051. Also known as the caves of Theodosius, in honour of lit mint. They contain 45 burial niches and three churches: Rizdva (Nutivity), Feodosiyivska, both of which have 18th century bronze insis, and the Blahovischenska (Annunciation) Church, which has a Wooden iconostasis, built in this century.

The Cave Monastery Complex also includes: (ireat Bell Tower, the highest monumental structure in Ukraine (96 m).

Uspensky (Dormition) Cathedral built in 1073-78 which was the main moimstic church. It was destroyed in 1941. It is being built anew.

Troyitska Nadbramna (Holy Trinity) Church, built in 1106-08. Located hove the main gate of the monastery. After the destruction of the Dormition i ulliedral it became the main monastery church.

Kyrylivska church, built in mid-12th century by Maria, the wife of the Chcmihiv prince Vsevolod Olhovych. In the 12th-13th centuries the curch was a royal burial place. Originally the church was a structure with i upoliis in a cruciform design crowned with one cupola. It acquired its present appearance, with its Ukrainian baroque features, in the mid - 18th century. Twelfth century fresco paintings (approximately 800 sq.m) i inl'fllish the interior. Of particular interest are the compositions executed by M. Vrubel.

Muriyinskyi Palace is noted for the remarkable beauty of the interior ilnHI and facades. This gorgeous blue-and-cream palace, designed by Mni tolomeo Rastrelli, was built in 1752. It was used as Kyiv residence of the Tsar family. Today the palace is used for official state functions and is open lo tourist groups by appointment.

Mykhailivskyi Cathedral. It was destroyed several times. After its Construction in 1767-69 the cathedral acquired a Baroque appearance. In 1934 it was destroyed again. It has been restored.

Golden Gate, 1017-24. The main triumphal entrance of ancient Kyiv. Its construction is mentioned in the chronicle for the year 1037. It was part of iho urban defence system created by Yaroslav the Wise and was destroyed in 1240 during the Tatar-Mongol raids. In 1648 the residents of Kyiv greeted Mohdan Khmelnytsky's Kozak regiments near the Golden Gate. In 1750 the gate remains were covered with reinforced in 1837. In 1982 a pavilion was erected above the Golden Gate which recreates the original appearance of this monument.

Vydubychi Monastery, 11th century. Founded by Grand Prince Vsevolod Yaroslavovych as his ancestral monastery. Many distinguished individuals are buried here. You can get there by trolleybuses 14-15.

Andriyivska Church - built in 1747-53. Designed by Rastrelli. Built in the Baroque style. This five-domed church is the adornment of the upper city.

Andriivskyi Uzviz. The most ancient and steep street in Kyiv. It is Kyivites' favourite place for outdoor fairs, festivals and concerts. Art galleries, shops and studios make Andriivskyi Uzviz also the best place to shop for Ukrainian crafts and artworks.The Castle of Richard, built in modernised Gothic style is another distinctive feature of Andriivsky Uzviz.

The monument to Taras Shevchenko (1814-1861). The magnificent Ukrainian poet, artist dreamed of teaching at the University. He was taken on here in 1847 as a drawing instructor, but never started work on account of his arrest together with all the other members of the Cyril and Methodius Society. He was banished from Kyiv under strict surveillance as a soldier in the Orenburg Corps and prohibited from writing or drawing. Where the statue of Nicholas I used to stand, now there is a monument to the poet, unveiled in 1939.

The monument to Hrushevsky (1866-1934), historian-academician, who headed the Ukrainian Central Rada, the first president of Ukraine.

Museums: History Museum of Ukraine, Volod. St. 2.

Ukrainian Art Museum - Hrushevskoho 6

Taras Shevchenko Museum - Shevchenko Boulevard 12

Central Natural Science Museum: Archaeological, Botanical, Zoological

Museums, Museum of Palaeontology - B.Khmelnytsky 15

History of Kyiv Museum - Pylyp Orlyk St. 8

Museum of Folk Architecture - village of Pyrohovo, bus 84 from Lybidska metro station.

Museum of Western and Eastern Art - Tereschenkivska 15 Museum of Russian Art - Tereschenkivska 9

Museum of History of the Great Patriotic War - Sichneve Povstannia St., 33. Museum of Historic Treasures of Ukraine - Sichneve Povstannia St., 21

Activity 1.

Mi nione the following words and word combinations. Use them in of your own.

Steep hills

пагорби

accordig to an ancient legend

згідно з давньою легендою

heydov

розквіт

to attract visitors from all over the world

приваблювати відвідувачів з усього світу

to designate envoys

призначати посланців

the writing of chronicles

написання литописів

religious and secular themes

релігійні та світські теми

to preserve

зберігати

a masterpiece of world architecture

шедевр світової архітектури

cave

печера

monk

монах

expansion and consolidation of (hi istianity

поширення та зміцнення Християнства

to loot

гарбувати

crypt church

підземна церква

gilded

позолочений

In honour of the saint

на честь святого

royal burial place

королівське місце поховання

to be of particular interest

мати особливий інтерес

Tsur family

царська родина

by appointment

за домовленістю

Urban defence system

міська оборонна система

to excavate

розкопувати

to rainforce

зміцнювати

to banish

висилати

strict surveillance

суворий нагляд

Activity 2.

Practise the dialogue:

Announcement at the airport: Ladies and gentlemen, Attention, please! I'mticipants in the Congress of Law Students Association are requested to come to exit 2.

- Excuse me, are you Mr. Boyle, Human Rights Centre from Essex, Great Mritain?

- Yes, I am.

- I am a representative of the Congress Organising Committee. My name is...

- How do you do, Mr...?

- How do you do, Ms...?

- Glad to meet you, Mr...

- I'm glad to meet you too.

- How was the flight?...


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