Заочное отделение
Факультет «Юридический»
Контрольная работа
По дисциплине «Иностранный язык»
Для студентов 1 курса
Вариант 2
Translate the text into Russian in writing.
Common Law
Each country in the world has its own system of law. However, it is generally true to say that there are two main traditions of law in the world. One is based on English common law, and has been adopted by most of the United States. The other tradition, sometimes known as continental, or Roman law, civil or civilian law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe.
Common law, or case law systems, particularly that of England, differ from continental law in having developed gradually throughout history, not as a result of government attempts to define or codify every legal relation. Customs and court rulings have been as important as statutes. Judges do not merely apply the law, in some cases they make law, since their interpretations may become precedents for other courts to follow.
Before William of Normandy invaded England in 1066, law was administered by a series of local courts and no law was common to the whole kingdom. The Norman kings sent travelling judges around the country and a “common law” developed, under the authority of three common law courts in London. Judges dealt with both criminal cases and civil disputes between individuals. Although local and ancient customs played their part, uniform application of the law throughout the country was promoted by the gradual development of the doctrine of precedent.
By this principle, judges attempted to apply existing customs and laws to each new case, rather than looking to the government to write new laws. If the essential elements of a case were the same as those of previous recorded cases, the judge was bound to reach the same decision regarding guilt or innocence. If no precedent could be found, then the judge made a decision based upon existing legal principles, and his decision would become a precedent for other courts to follow when a similar case arose. The doctrine of precedent is still a central feature of modern common law systems.
Answer the following questions.
1) Why are there different traditions of law in the world?
2) Why has the most of the United States adopted English common law?
3) What features are specific to common law?
4) Why do judges of common law system apply laws to a new case?
5) What is necessary for applying the previous precedent for a case?
Decide whether the statements are true or false.
1) Civil (or Roman) law is applied in states which were colonies of some European countries.
2) Common Law as a set of legal rules was created in 1066.
3) There wasn’t any uniform court system in England before the Normans invasion.
4) During Norman kings reigning judges administered justice only in London to avoid differences in deciding cases.
5) Judges haven’t any powers to decide cases by the analogy of previous recorded ones.
Match the terms to their definitions.
| 1. authority 2. equity 3. abuse 4. enforce 5. code 6. transaction 7. case 8. crime 9. penalty 10. doctrine | a) the action or process of buying or selling something; b) the use of something in a bad, dishonest, or harmful way; c) an illegal activity or action; d) to make sure that a law or rule is obeyed by people; e) a punishment for breaking a rule or law; f) the power to make decisions or tell people what to do; g) a set of principles or beliefs, especially religious or political ones; h) a set of rules about how something should be done or how people should behave; i) a fair or reasonable way of behaving towards people; j) a legal matter that will be decided in a court. |
Choose the correct word.
1. Some _________ in modern society are so complex that few of us would risk making them without first seeking legal advice.
a) transcript b)transit c) transaction d) transmission
2. ________ need not be made by governments, and they need not be written down.
a) laws b) customs c) rules of behaviour d) judgements
3. When _________ make laws for their citizens, they use a system of courts backed by the power of the police to enforce these laws.
a) states b) executives c) governors d) governments
4. Another purpose of making laws is the implementation of ______.
a) equity b) judiciary c) justification d) justice
5. The principal sources of English Law are _________, and Judicial Precedent.
a) legislation b) legation c) legitimation d) legislature
6. The doctrine of _________ is still a central feature of modern common law systems.
a) presumption b) precedent c) president d) precedence
7. The ________law comprised the wisdom and experience of many generations of judges.
a) civil b) criminal c) common d) continental
8. __________ passes hundreds of new laws every year.
a) parliament b) authority c) government d) court
9. _________ tend to state very general principles and they are hard to amend.
a) constructions b) constituencies c) constraints d) constitutions
10. Today, _________ are by far the most substantial source of the law that American courts apply.
a) standards b) statements c) statuses d) statutes
Choose the correct tense form.
1. The common law _________ in the collected cases of the various courts of law.
a) found b) is found c) founds d) have found
2. At common law the court _______ Smith to pay Jones money as compensation for the land he has lost.
a) orders b) have ordered c) will order d) would order
3. When the common law and laws of equity conflict, the laws of equity _______ prevail.
a) should b) must c) may d) can
4. Litigants ________ a right to an equitable remedy.
a) doesn’t have b) haven’t have c) hasn’t done d) don’t have
5. Equity ______ because in many situations there was no legal remedy available at common law.
a) has developing b) will develop c) develop d) developed
6. The general principles of law ___________ in this way came to be called the common law.
a) establishing b) established c) establish d) to establish
7. Customs and court rulings _________ as important as statutes (government legislation).
a) has been b) have be c) have been d) have
8. On the Continent the writings of legal authors _______an important source of law.
a) form b) forms c) have forming d) will forms
9. When the judge rules in such a case he __________, because future courts must usually ‘follow’ him.
a) legislate b) legislates c) has legislated d) legislated
10. A practitioner who is asked to consider a legal matter will therefore look to the ________decisions of the courts.
a) Report b) reporting c) reported d) to report
11. In the legislative sphere Parliament is thus legally ‘sovereign’ and master, but this ___________ that the courts have no influence upon the development of enacted law.
a) isn’t meant b) don’t mean c) hasn’t meant d) doesn’t mean
12. In England _______ law is predominant.
a) unwritten b) unwriting c) unwrite d) unwrites
13. If we do what seems to be fair at the moment, we __________create unfairness in the future.
a) can b) could c) have to d) may
14. Sometimes, we _____ break some rules without suffering any penalty.
a) can b) could c) has to d) may
15. Constitutions ________ be distinguished according to whether they are “rigid” or “flexible.”
a) can b) may c) must d) should
