Иностранный язык в сфере юриспруденции

Иностранный язык в сфере юриспруденции
Тема 1. What is Law? (Что такое Закон?)
Тема 2. Law Systems. (Правовые системы.)
Тема 3. Areas of Law. (Области права.)
Тема 4. Legal Profession. (Профессия юриста.)
Тема 5. English Court. (Английский суд.)
Тема 6. Starting Action in Court. (Подача иска в суд.)
Тема 7. Law of Tort. (Деликтное право.)
Тема 8. Heads of Tort. (Руководители деликтных компаний.)
Заключение
Итоговая аттестация
Итоговый тест
Компетентностный тест
In a tort case, the usual remedies available to the claimant are...
Imprisonment and fines
Damages and injunction
Community service and probation
Deportation and asset seizure
The first in a criminal case typically is a(n)...
Sentencing
Arrest
Trial
Appeal
Order the steps in the process of filing a tort claim:
1 Gather evidence
2 File a complaint
3 Serve the defendant
4 Attend court hearings
5 Negotiate a settlement
1,2,3,4,5
The … listened carefully to both sides before making a decision.
Judge
According to legal theorist Salmond, law is defined as...
A collection of ethical standards
A framework of rules recognized and enforced by the state
Traditions that change over time and space
Norms established by community consensus
Many people believe that … should be fair and equal for everyone involved.
Justice
Put the following steps in the correct order for a civil lawsuit: Тип ответа:
1 Complaint filed
2 Discovery
3 Trial
4 Judgment
5 Appea
1,2,3,4,5
The following country primarily follows a civil law system:
United States
United Kingdom
France
Australia
An example of a statutory tort is...
A tort based solely on common law
A tort defined by judicial precedent
A tort outlined in the constitution
A tort regulated by a specific act of legislation
The … decided to postpone the hearing until next week for more preparation.
Court
Vicarious liability allows...
Employees to sue their employers
Employers to sue their employees
Suing the employer for torts committed by their employees
Suing the government for private sector torts
Match each legal profession with its description:
A. Solicitor
B. Barrister
C. Notary
D. Legal Advisor
E. Legal Consultant
F. Prepares legal documents and provides legal advice, but typically does not represent
clients in court.
G. Represents clients in court and offers expert legal opinions.
H. Authenticates documents, witnesses signatures, and notarizes official papers.
I. Offers general legal guidance to clients and businesses.
J. Provides specialized legal advice to clients, often within businesses.
A-F, B-G, C-H, D-I, E-J
Many countries distinguish between … law and public law.
Private
Most civil cases are usually considered in...
Supreme Court
Crown Court
County Courts
High Court
… is a pivotal document from 1215 that limited the monarch s power and set the stage for
individual rights and freedoms.
Magna carta
Match the terms with their correct descriptions:
A. Common law
B. Statutory tort
C. Tortfeasor
D. Claimant
E. Legal capacity to sue
F. Law based on precedents set by previous court decisions
G. A civil wrong defined by a specific statute
H. The person who commits a tort
I. The person bringing a lawsuit in a tort case
J. The right to bring a legal action against someone
A-F, B-G, C-H, D-I, E-J
The highest court in the United States is the … Court.
Supreme
The primary function of civil courts in the English legal system is...
To prosecute criminals and investigate various criminal cases
To resolve disputes between private citizens or between private citizens and the state
To hear appeals from lower courts and adjudicate them
To interpret statutory law and add to the case law by creating new rulings
The primary source of law in a civil law system is...
Case precedents
Statutory codes
Judge’s opinions
Customary practices
Put the following events in chronological order:
1 The Roman Empire established its legal system across Europe.
2 The Justinian Code was compiled in the 6th century.
3 The feudal system influenced legal structures in medieval Europe.
4 The establishment of the first universities began to shape legal education.
1,2,3,4
Match the words with their definitions
A. Court fee
B. Custodial sentence
C. Community service
D. To be found guilty of something
E. To award damages
F. A charge that must be paid to the court for processing legal cases or documents.
G. A punishment where a person is sent to prison for a certain period of time.
H. Work that people do for the benefit of their community, often instead of serving time
in jail.
I. To be declared responsible for committing a crime after a legal trial.
J. To give money as a payment for harm or loss caused by someone else's actions.
A-F, B-G, C-H, D-I, E-J
This country is known for having an unwritten constitution:
United States
France
Germany
United Kingdom
In criminal cases, if the police have enough evidence, they can make a formal … against a
suspect.
accusation
Match each legal profession with the correct description
A. Tax Attorney
B. Immigration Lawyer
C. Family Lawyer
D. Real Estate Lawyer
E. Intellectual Property Lawyer
F. A lawyer who assists clients with legal issues related to taxes.
G. A lawyer specializing in issues such as visas, asylum, and citizenship.
H. A lawyer who deals with family-related issues such as divorce, child custody, and
adoption.
I. A lawyer handling transactions and disputes involving real estate properties.
J. A legal professional who handles matters such as patents, trademarks, and copyrights.
A-F, B-G, C-H, D-I, E-J
Find a pair to make collocations:
A. To adopt
B. To bring
C. To honour
D. To seek
E. To solve
F. To carry out
G. To interpret
H. To accuse of the
I. a new law
J. a civil action
K. the agreement
L. legal advice
M. a problem
N. a contract
O. a statute
P. a crime
A-I, B-J, C-K, D-L, E-M, F-N, G-O, H-P
International law regulates relations between … and between private citizens of different
countries.
Governments
The main difference between tort law and criminal law is that the...
Tort law aims to compensate, while criminal law aims to punish
Tort law involves only physical injuries
Criminal law always results in monetary compensation
Tort law is exclusively for business disputes
Match the terms with their correct descriptions:
A. Libel
B. Slander
C. Product Liability
D. Vicarious Liability
E. Common Law Tort
F. Statutory Tort
G. Tortfeasor
H. Claimant
I. Defamation in a permanent form, such as writing
J. Defamation in a non-permanent form, such as speech
K. Responsibility for damage caused by defective goods
L. Employer's liability for employee's actions during employment
M. Based on precedents set by previous court decisions
N. A civil wrong defined by a specific statute or law
O. A person who commits a civil wrong
P. The person bringing a lawsuit in a tort case
A-I, B-J, C-K, D-L, E-M, F-N, G-O, H-P
Match the halves to make up correct sentences:
A. In order to bring a successful claim against someone for negligence,
B. The duty of care
C. In the UK and the USA most cases in tort
D. Both statute and the common law contain rules about the situations
E. the claimant must prove that the defendant was in breach of his or her duty of care.
F. is the duty to make sure that your conduct does not harm anyone.
G. are based upon the tort of negligence.
H. in which people are liable for their acts and their omissions.
A-E, B-F, C-G, D-H
Put the steps of the judicial process in the correct order
1 Trial Courts determine the facts of a case
2 Each side presents its arguments
3 The fact finder decides the case
4 The court settles the disputes
5 Appellate Courts review the decisions
6 Parties may appeal to higher courts
1,2,3,4,5,6
The term for the sum of money paid to the court to issue proceedings is...
Legal fee
Court fee
Claim charge
Issuance cost
Match the words with their definitions:
A. Contractual relationship
B. To be liable to somebody
C. To owe a duty to somebody
D. To make a claim based on something
E. To be imposed by law
F. A connection between parties that is based on an agreement with specific terms and
conditions.
G. To have a responsibility or obligation towards someone, often in terms of payment or
accountability. H. To have an obligation to act in a certain way toward another person, often
due to moral or legal reasons.
I. To assert or demand something as your right because of certain evidence or reasons.
J. To be required or enforced by legal rules or regulations.
A-F, B-G, C-H, D-I, E-J
Put the stages of criminal proceedings in the correct order:
1 Arrest
2 Investigation
3 Arraignment
4 Trial
5 Sentencing
1,2,3,4,5
Laws are deemed crucial for society because...
They provide leisure activities and are easy to understand
They promote individualism
They help people evade accountability
They are essential for maintaining order and regulating conduct.
Match the halves to make up correct sentences:
A. We either settle this dispute now
B. The convicted defendant either pays a fine
C. We have received your fax
D. We object not only to the terms of payment,
E. Neither weapons
F. or I go to court.
G. or goes to prison.
H. as well as your letter dated 20th of May.
I. but also to the terms of delivery.
J. nor drugs have been intercepted.
A-F, B-G, C-H, D-I, E-J
Put the following legal professionals in order from highest to lowest position in the
hierarchy:
1 Judge
2 Prosecutor
3 Notary public
4 Investigator
5 Defender
6 Paralegal
1,2,3,4,5,6
Read the dialogue and answer the question. There s only one correct answer. Carly: So
you filed a claim against them after all? Max: Yes, I had to. It was the only way to get what
they owed me. And I couldn t just let it go and not do anything about it. Carly: Right, but
isn t going to court going to be expensive? Max: It s worth it for what they did to me. Plus,
there are legal aid services available if I need help with expenses. Carly: That s true. But don
t you have to prove your claims in order to win the case? Max: Of course. They have to have
merit and be based on solid evidence or proof. Luckily, I have ev erything organized and
ready to present. Carly: Good for you. Do you think their defense will hold up in court?
Max: Honestly, I m not too worried about that. Their argument is pretty weak and easily
disproven. My lawyer has already pointed out some holes in their defense. Carly: You hired
a lawyer? How much does that cost? Max: Not nearly as much as I thought it would be.
There are different options depending on your financial circumstances. Plus, my lawyer is
confident we ll win this case. Carly: Wow, okay. So how does the jury pick process work?
Max: Well, the judge oversees it and makes sure both sides agree on the jurors selected. The
people chosen must listen to all the facts presented before deciding whether the defendant is
guilty or not. Carly: Interesting. What happens after the court proceedings? Max: Once the
trial concludes, the judge gives instructions to the jury and they deliberate the case. Then,
when the verdict is announced by the foreperson, the official record of the trial is recorded
by the court reporter. Carly: Got it. So who else is involved besides the judge, lawyers, and
jury? Max: Well, there can also be interpreters for non English speaking witnesses or
defendants. And of course, the parties directly involved in the case - the plaintiff and
defendant. Carly: Hmm, okay. It seems like a complicated process, but hopefully justice will
prevail in your case. Max: Thank you, I m really hoping so. I just hope the judge and jury
see the truth and the wrong that has been done. Question: Who oversees the jury selection
process?
The plaintiff
The defendant
The judge
Read the dialogue and answer the question. There s only one correct answer.John: So,
Sarah... When did you decide to become a lawyer? Sarah: I ve always been interested in the
legal profession since I was young. My parents were lawyers too.John: Wow, really? Did they
work together or something?Sarah: No, but they both inspired me to choose this career
path.John: That s cool. I can barely remember when I decided what I wanted to do with my
life.Sarah: It definitely wasn t an overnight decision for me either. It took years of hard work
and studying to get where I am now. John: Yeah, that s why I never pursued law. Too much
reading and memorization.Sarah: It s not just about memorizing laws and statutes. You have
to be able to think critically and analyze information from different perspectives.John: True,
true. And how long have you been a practicing attorney?Sarah: For about five years now. I
started as a paralegal before taking the bar exam.John: That must have been tough. The bar
exam is known to be quite challenging.Sarah: Oh, it definitely was. But it was worth it in the
end. What about you? How long have you been working at your law firm?John: Just a year,
but I already feel like I m learning so much from everyone here. Sarah: That s great to hear.
Law is an ever-changing field, so we never stop learning.John: Yeah, I love that aspect of it.
Always something new to discover. Sarah: Absolutely. And speaking of learning, I have a
case tomorrow morning that I need to prepare for. I should probably head out soon.John:
Of course. Good luck with your case!Sarah: Thanks. Have a good evening, John!Question:
How long has Sarah been a practicing attorney?
One year
Three years
Five years
Read the dialogue and answer the question. There s only one correct answer.Judge Smith:
The defendant, Mark Jones, is accused of robbery with violence and possession of a
dangerous weapon. How does he plead? Mark s Lawyer: Not guilty, your honor. My client
had no part in the crime that occurred on the night of May 17th. We have evidence to prove
his innocence. Prosecution Lawyer: Your honor, we have witnesses who saw Mr. Jones at
the scene of the crime and DNA evidence linking him to the weapon used.Judge Smith:
Interesting. Let us hear from the witnesses then. Witness 1: Yes, I saw the defendant wearing
a black hoodie and holding a knife as he threatened the victim for her purse. Witness 2: And
I remember seeing him run away from the scene with another person. They both had masks
on. Judge Smith: Thank you for your testimonies. Are there any other pieces of evidence?
Prosecution Lawyer: As mentioned earlier, DNA evidence has been found on the weapon
that matches the defendant s. Mark s Lawyer: Your honor, our client works as a chef and it
s possible that his DNA was transferred onto the weapon innocently while working in the
kitchen. He had no motive or reason to commit this crime. Judge Smith: I see. Bailiff, please
bring in the forensic report. It appears that the DNA evidence could have been innocently
transferred. Therefore, I m declaring the defendant, Mark Jones, not guilty. This court is
adjourned.Question: What crimes is Mark Jones accused of?
Theft, assault, murder and arson
Robbery with violence and possession of a dangerous weapon
Fraud and embezzlement, corruption
Read the dialogue and answer the question. There s only one correct answer.Kelly: Wow,
that s a lot of information on tort law. Did you understand all of it? Mark: Honestly, most of
it went over my head. I m still trying to wrap my head around the concept of
negligence.Kelly: I remember studying this in college. Negligence is when someone breaches
their duty of care and causes harm to another person, right?Mark: Yeah, that sounds about
right. But there are also certain defenses available in cases of negligence. Like for psychiatric
injury or economic loss.Kelly: Wait, so can anyone sue for those things under the premise of
negligence?Mark: Not necessarily. The courts use a three-step test to determine if there is a
duty of care owed by the defendant to the victim.Kelly: Ah, I see. So basically, the first step
is proving that the harm was reasonably foreseeable?Mark: Exactly. And then the second
step looks at the relationship between the two parties - whether it s one of proximity or
not.Kelly: And finally, the third step considers if it would be fair and just to hold the
defendant liable for their actions.Mark: Right. It seems like the case of Caparo Industries
Plc v Dickman was a turning point in establishing this threefold test.Kelly: Yeah, it definitely
set a precedent. But I can imagine it must have been challenging determining liability in a
complex situation like that.Mark: Definitely. And with the ever-changing laws and legal
systems, it s important to constantly stay informed and educated.Question: What are some
defenses available in cases of negligence?
Self-defense and provocation
Alibi and mistaken identity
Psychiatric injury and economic loss
Read the dialogue and answer the question. There s only one correct answer.Lila: Have
you read the new law passed by Congress last week? It s about regulating environmental
pollution.Mark: No, I haven t. How is it different from the current regulations? Lila: Well,
it gives more power to federal agencies in enforcing and monitoring compliance with
environmental laws. And it also imposes stricter penalties for violations.Mark: That sounds
like a good step towards protecting our environment. But what about local laws? Do they
have any impact on this issue?Lila: Yes, definitely. Each state has its own set of
environmental laws that are tailored to their specific needs and challenges.Mark: Right, I
remember learning about that in my Environmental Law class. So even if there are national
laws in place, local governments can create additional regulations?Lila: Exactly. They can
provide more detailed rules that cater to the particular needs of the community. And these
local laws must comply with both state and federal laws.Mark: Interesting. These different
levels of laws can get quite complex.Lila: Definitely. And it reflects the unique history,
culture, values, and political institutions of each sovereign state. That s why we have diverse
legal systems around the world.Mark: Yeah, I never realized how vast and intricate the field
of law is.Lila: It sure is. And keeping up with all the changes and developments is no easy
task.Mark: You re right about that. Thanks for explaining everything to me, Lila. I really
appreciate it.Lila: Anytime, Mark. That s what friends are for!Question: According to Lila,
why do we have diverse legal systems around the world?
Because all countries follow the same legal framework and try to keep their laws the
same
Due to unique history, culture, values, and political institutions of each sovereign state
Because international law overrides all local laws and authorities have to follow them
Read the dialogue and answer the question. There s only one correct answer.Mike: Hey,
Karen! What are you studying now?Karen: Law. The law of tort to be specific.Mike: Sounds
boring.Karen: Well, maybe it s not the most thrilling subject, but it s important in
understanding legal responsibility for harm caused by one person to another.Mike: Like, if
someone slips and falls on your property and gets injured?Karen: Yes, that would fall under
negligence, a type of tort. It involves proving that someone failed to take reasonable care and
caused harm as a result.Mike: So if I spill coffee all over my neighbor s expensive couch,
could they sue me for damages?Karen: Absolutely. That would be an intentional tort, where
someone deliberately causes harm or damage to another person or their property.Mike:
Wow. You really know your stuff.Karen: Thanks. I find it interesting how complex and
varied the laws of tort can be.Mike: Do you think you ll specialize in this area after law
school?Karen: Maybe. But there are also other areas of law that interest me too, so I m still
keeping my options open.Mike: Well, whatever you decide, I have no doubt you re going to
make a great lawyer. Now let s go grab some lunch before my stomach commits an
intentional tort against me.Karen: Haha, sounds good. Let s go!Question: How does Karen
feel about specializing in tort law after law school?
She s definitely going to specialize in it
She s considering it, but also interested in other areas
She hasn t given it any thought yet
Read the dialogue and answer the question. There s only one correct answer.Samantha:
Hey Josh, what are you studying for your law exam?Josh: Oh, just the usual. Legal ethics
and administrative law.Samantha: Ugh, I hate that stuff. So many rules to remember.Josh:
Tell me about it. And then there s comparative law on top of that.Samantha: Comparative
law? What s that again?Josh: It s a comparison between different legal systems around the
world. Like Chinese law, Islamic law, Jewish law, just to name a few.Samantha: Wow, that
sounds complicated. How do you keep all of that straight?Josh: Well, thank goodness for my
study group. We discuss and quiz each other on different types of laws and their
applications.Samantha: Oh yeah, I remember now. And don t forget about international
law.Josh: Right. That includes laws related to the United Nations, like treaties and human
rights issues. Samantha: Man, being a lawyer is not easy.Josh: No kidding. But it s also
fascinating to see how different societies have developed their own sets of laws.Samantha:
True. And the way those laws intersect with politics, social justice, and even war.Josh:
Exactly. There s so much to learn and explore in the field of law.Question: According to the
conversation, what helps Josh keep track of the different types of laws?
Memorizing rules individually
Using online legal databases
Participating in a study group
Read the dialogue and answer the question. There s only one correct answer.Tom: John,
I just read that there are hundreds of unique systems of law used around the world. It s crazy
to think about all the different ways people interpret and enforce laws.John: Yeah, it s
fascinating how different societies can have such distinct legal systems. What did you find
most interesting?Tom: Well, according to this article, legal systems often evolve at two paces
– gradual changes in response to societal attitudes, or rapid shifts due to major events like
revolutions or conflicts. Can you imagine a complete overhaul of our legal system
overnight?John: It s definitely hard to wrap myhead around. And geographical, historical,
and political events can also shape a country s legal system.Tom: Right! Like how in Western
countries, Civil Law is the most prevalent type of legal system, tracing its origins back to the
Roman Justinian code from the 6th century. But then other countries were influenced by the
French Revolution and adopted the Napoleonic Code of Civil Law instead.John: That s true.
I ve heard that even some African countries have Civil Law systems based on the Belgian
influence during colonization.Tom: Wow, I had no idea. These systems sound so
complex.John: Yes, they do. And all of them involve a national constitution, legislation,
subordinate laws, traditions, and codes of laws. It s pretty impressive how these five elements
come together to create a functioning legal system.Tom: Absolutely. And it makes me
appreciate the importance of having well-defined and enforced laws in our society.John:
Definitely. It may seem complicated, but ultimately, the goal is to maintain fairness and
justice for everyone.Question: Which historical event led to the creation of the Napoleonic
Code of Civil Law?
The French Revolution
World War II
The Industrial Revolution
Read the text below and answer the question. There s only one correct answer. Text:
Emily is a law student in England who is interested in pursuing a career in the legal
profession. She is trying to understand the differences between barristers, solicitors, and
judges. Recently, she attended a seminar where different legal professionals spoke about
their roles. After the seminar, Emily has a few questions regarding who does what in the
legal system. Question: Which of the following statements correctly describes the role of a
barrister in England?
Barristers primarily handle administrative tasks and client consultations, focusing on
preparing legal documents and managing cases.
Barristers are responsible for overseeing court proceedings and making legal rulings on
cases.
Barristers represent clients in court, providing expert legal advice and advocacy during
trials.
Read the text below and answer the question. There s only one correct answer. Text:
Emily is a law student who has just completed a module on the initiation of legal actions in
England and Wales. She is particularly interested in understanding the differences between
starting a civil action and starting a criminal action. After reviewing her notes, she comes
across the following statements regarding the processes involved. Question: In England and
Wales, which document is typically used to initiate a civil action in the High Court or County
Court?
Claim Form
Indictment
Summons
Read the text below and answer the question. There s only one correct answer. Text:
Emily is a professional photographer who rents a studio space in a busy downtown area. One
day, while she is setting up for a photoshoot, a heavy sign from an adjacent building falls and
injures her. The sign was not properly secured, and Emily learns that the building owner
had received complaints about it being loose but had not taken any action to fix it. Emily
decides to file a lawsuit against the building owner for her injuries. Question: What legal
principle is at play in Emily s case when she decides to sue the building owner for her
injuries?
Contractual Liability – Emily is suing because the building owner failed to fulfill a
contract with her
Tortious Liability – Emily is suing because the building owner s negligence led to her
injury.
Criminal Liability – Emily is suing because the building owner committed a crime by
allowing the sign to fall.
Read the text below and answer the question. There s only one correct answer. Text:
James is a university student studying law in England. He is particularly interested in
understanding the differences between civil and criminal courts, as well as the structure of
the legal system, including appeals and tribunals. After attending a guest lecture on the topic,
he reflects on the advantages of having a case head in the Crown Court and how appeals
work. Question: Which of the following statements correctly describes an advantage of
having a case head in the Crown Court?
The case head ensures that serious criminal cases are overseen by a judge with
experience in handling complex legal issues.
The case head in the Crown Court allows for quicker resolution of civil disputes
compared to civil courts.
The case head provides a platform for informal mediation between parties before trial.
Read the text below and answer the question. There s only one correct answer. Text:
James owns a small bakery in a residential neighborhood. One day, he decides to install an
outdoor seating area for customers. To create the seating area, he places several tables and
chairs on the sidewalk directly outside his shop. However, James does not leave enough space
for pedestrians to pass comfortably. A neighbor, Sarah, complains that she has to walk into
the street to get around the seating area, which is dangerous, especially with heavy traffic.
After a few weeks, Sarah trips over one of the chairs that has been pushed out onto the
sidewalk and injures her ankle. She decides to take legal action against James. Question:
What legal principle is primarily at play in Sarah s case when she decides to sue James for
her injury?
Trespass to Land – Sarah is suing because James has unlawfully occupied public space
with his seating area.
Negligence (Duty of Care) – Sarah is suing because James failed to ensure the sidewalk
was safe for pedestrians.
Nuisance (Unreasonable Interference) – Sarah is suing because James s seating area
unreasonably interferes with her ability to use the sidewalk.
Read the text below and answer the question. There s only one correct answer. Text: John
is preparing for his final exam in his law course. He comes across a scenario where a country
is involved in a dispute with another nation regarding trade regulations. He needs to
determine which area of law primarily governs this situation. Question: Which area of law
is most relevant to the dispute between the two nations regarding trade regulations?
National Law
International Law
Civil Law
Read the text below and answer the question. There s only one correct answer. Text:
Maria is a law student studying different legal systems around the world. In her recent class,
the professor asked the students to identify the two main traditions of law. Maria is confused
and wants to ensure
she understands the differences between Common Law and Continental Law. Question:
Which of the following statements correctly identifies the two main traditions of law in the
world?
Common Law and Religious Law
Common Law and Continental Law
Continental Law and Customary Law
Read the text below and answer the question. There s only one correct answer. Text:
Sarah is a small business owner who recently faced a dispute with a supplier over a delayed
shipment that affected her ability to serve her customers. Unsure of her rights and the best
course of action, she considers seeking legal advice. Question: What are two primary motives
for making and enforcing laws that Sarah should understand as she navigates her situation?
To ensure that only large corporations benefit from legal protections and to punish
individuals who break the law, regardless of circumstances.
To maintain social order and protect individual rights, ensuring that everyone has access
to fair treatment and resolution of disputes.
To create complex regulations that confuse ordinary people and limit their ability to
operate businesses freely.
.
.