EXERCISE 1. Fill in the table according to the given example. Not all the forms will be used for each word. Use dictionary, if necessary. Translate the words into Russian.
| Verb | Noun (thing or concept) | Noun (person) | Adjective |
| constitute | |||
| determine | determinist | ||
| establish | |||
| respond | |||
| consent | consent, consensus | consentient | |
| amend | |||
| prosecute | |||
| accuse | accusation | accuser, the accused | accused, accusing |
| commit | |||
| defend | |||
| prohibit | |||
| abridge | abridgement | ||
| try |
EXERCISE 2. Choose the correct word from the list to complete each sentence. Translate the sentences into Russian.
| abridging Constitution prohibited prosecutions trial accused | responsibility committed established consent amendments |
1. The_________ of the USA was written in Philadelphia in 1787.
2. The Constitution can only be changed with the widespread _________ of the citizens.
3. The Constitution can only be changed according to _________ procedures.
4. The Constitution of the US contains a preamble, a main body and twenty seven________.
5. The Constitution establishes the _________ of the government to protect citizens rights to life, liberty, and property.
6. She was _________ of having killed her sister.
7. This man is on _________ for murder.
8. In all criminal _________ the accused shall enjoy the right to a speedy and public trial.
9. Violent crime has recently been _________ in this district.
10. Smoking is _________ in all public places.
11. Congress shall make no law _________ the freedom of speech or of the press.
Reading and language study
The US Constitution
(I) Constitutional law is the law which determines the relationship of the citizen to the state and which controls the operation of the various branches of the state. A constitution is a set of customs, traditions, rules, and laws that sets forth the basic way a government is organized and operated. Most constitutions are in writing, some are partly written and partly unwritten, and some are not written at all.
(II) The Constitution is the soul of law in the United States. It sets up a federal system by dividing powers between the national and state governments. It also establishes a balanced national government by dividing authority among three independent branches the executive, the legislative and the judicial. The executive branch enforces the law, the legislative branch makes the law and the judicial branch explains the law. The executive branch of the national government is usually represented by the President, the legislative branch by Congress and the judicial branch by the Supreme Court.
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(III) The Constitution of the United States was written in Philadelphia in 1787, and for more than two hundred years the Constitution has been the core of the nations law. According to the Founders, a constitution or higher law should have the following chracteristics:
It sets forth the basic rights of citizens to life, liberty, and property.
It establishes the responsibility of the government to protect those rights.
It establishes the principle of private domain which means that there are areas of citizens lives that are no business of the government and in which the government cannot interfere.
It establishes limitations on how those in government may use their powers with regard to
-citizens rights and responsibilities
-the distribution of resources
-the control of conflict
(IV) The Constitution can only be changed with the widespread consent of the citizens, and according to established procedures. This distinguishes the higher law from the ordinary law that governments regularly create and enforce.
(V) * The Constitution of the US contains a preamble, a main body and twenty seven amendments. The Preamble introduces the Constitution by listing six important reasons for writing it.
In order to form a more perfect union - set up a stronger central government with the states more closely united.
To establish justice - set up a system of laws and courts that would make all men equal under the law and give all men equal opportunities for fair treatment if accused of crime.
To ensure domestic tranquility to settle the problem, such as poor trade relations between states, and to prevent open fighting against state governments.
To provide for the common defense to have a strong national army and navy that could defend all the states.
To promote the general welfare to help provide a higher standard of living for the people of the United States through better government.
To secure the blessings of liberty for ourselves and our posterity - to protect the personal rights of all United States citizens for all time.*
(VI) The main body of the Constitution sets forth governments structure, allocates powers and duties among public institutions and officials, and defines peoples rights and responsibilities. Constitutional amendments fall into one of three categories. The first group (such as the first ten, the Bill of Rights) protects fundamental principles of liberty and self-government. The second group (such as the voting-rights amendments) expands democracy as a core component of the constitutional system. And the third group repairs defects of the original Constitution or responds to the problems not envisioned by the Constitutions framers and ratifiers. The US Constitution declares the nations central principles - the goals for which Americans came together as a nation, the purposes of its grants of power and limits on power; and the kinds of public and private lives that Americans want to foster under its protection.
EXERCISE 3. Scan the text and find definitions to these legal terms:
- Constitution
- Constitutional law
EXERCISE 4. Skim the text and make up a list of fundamental characteristics the Founders of the US Constitution specified.
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EXERCISE 5. Read the text and answer the following questions:
1. How can a constitution be changed?
2. What parts does the US Constitution contain?
3. What principles does the main body of the US Constitution establish?
4. What categories of amendments does the US Constitution contain?
5. What principles does the US Constitution declare?
6. How did the Founders of the US Constitution characterize higher law?
EXERCISE 6. Read the text carefully and complete the sentence given below.
The _________ to the Constitution lists these six reasons for writing it: in order to form a more ________ ________; to establish ________; to ensure ________ ________; to provide for the ________ ________; to promote the ________ ________; and to secure the blessings of ________ for ________ and our ________.
EXERCISE 7.Using the paragraph reference given in brackets, find words in the text which have a similar meaning to:
- act, regulation, rule, statute (I)
- division (I)
- right, privilege (II)
- authorities, state (II)
- declare (III)
- agreement (IV)
- introduction, preface (V)
- favor, advantages (V)
- duty, obligation (VI)
- autonomy, independence (VI)
EXERCISE 8. Put the words into the right order (subject-verb-object) to make up sentences.
1. made, and, the higher law, between, a distinction, is, the ordinary law.
2. the main body, defined, the Constitution, and, are, peoples rights, responsibilities, in, of.
3. the law, enforced, the executive branch, is, by.
4. cannot, in, the government, some, of, interfere, areas, citizens lives.
5. three, of, amendments, there, categories, are, constitutional.
EXERCISE 9. Make up sentences using the following words and word combinations:
the relationship of the citizen to the state, set forth, be organized, basic rights, be changed, higher law, fall into, a core component, respond to the problem, establish, provide for, protect, fundamental principles, set up, to settle the problem, promote, peoples rights and responsibilities.
EXERCISE 10. Using the paragraph reference given in brackets, find in the text the English equivalents for these Russian legal terms and expressions.
- , (II)
- (II)
- () (II)
- (II)
- (II)
- (II)
- , (III)
- (IV)
EXERCISE 11. Translate the marked *passage of the text THE US CONSTITUTION into Russian. Consult the dictionary of law.
¯ Legalese
Legalese is usually defined as the language of lawyers that they might use in drafting legal documents butwould not use in ordinary communications. Linguists identify legalese as a distinctive dialect because it is conservative and static, and is not evolving in step with modern English.
1. Legal language suffers from the use of formal words which most people understand but which are very old-fashioned (archaic).
| legal language | plain language | Russian equivalent |
| hereinafter | from now on; below in this document | , |
| Herein | in this thing | , , |
| Hereby | by this document, by these words | , |
| hereof | of, concerning this | , ( ..) |
| Thereof | of that, of it | , , |
| Therein | in that | , , |
| whereof | of what, of which | , , |
| Wherein | in what, in which | , , |
2. Legalese uses the auxiliary (helping) verb shall in its archaic meaning. In formal legal style shall is often used to express explicit obligation - it can be used as a synonym for must, have to, be able to.
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EXERCISE 12. Read the following sentences paying attention to the formal legal words used in them. Translate the sentences into Russian.
1. All legislative Powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives. (The US Constitution, Art. I)
2. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed (Amendment VI)
3. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. (Amendment XIV)
4. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. (Amendment XVIII. Ratified January 16, 1919)
5. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. (Amendment XXI. Ratified December 5, 1933)
EXERCISE 13.Read the 5-th constitutional amendment, paying attention to the word shall and determine the meaning of shall in this text.
AMENDMENT 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
EXERCISE 14. Find the English equivalents for the Russian legal terms given below in the 5-th constitutional amendment.
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EXERCISE 15. Translate the 5-th constitutional amendment into Russian. Consult the dictionary of law.
EXERCISE 16. Read the text given below. Make up questions that may lead to further classroom discussion. Ask your questions to your classmates.
TRIAL JURY AND GRAND JURY
There are two kinds of juries in the American legal system: trial jury (petit jury) and grand jury. A trial jury usually consists of twelve lay men and women selected to decide questions of facts and provide a decision in a legal proceeding. Trial jurors listen to the evidence given in court in certain criminal cases and decide if the defendant is guilty or innocent. The right to trial by a jury of American citizens is one of their important rights and guaranteed by the Constitution of the United States. The 6-th amendment guarantees the right to trial by jury in federal criminal cases; the 7-th amendment provides for trial by jury in civil cases heard in federal courts; the 14-th amendment requires state courts to provide for a jury trial in all serious cases.
The grand jury generally consists of sixteen to twenty-three members. The grand jury usually meets at the request of prosecution. They examine the evidence and the testimony of witnesses. The grand jury determines whether sufficient evidence exists to justify a trial on criminal charges. If the grand jury members decide that evidence is strong enough to hold a suspect for trial, they pass an indictment. The right to grand jury is guaranteed by the 5-th amendment of the US Constitution.
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EXERCISE 17.Translate the following articles of the Constitution of the Russian Federation into English.
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