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ОглавлениеЧасть IV. Тексты правовой тематики Для бесплатного чтения доступна только часть главы! Для чтения полной версии необходимо приобрести книгуЧАСТЬ I. БАЗОВЫЕ УПРАЖНЕНИЯIt is legal because I wish it. Louis XIV 1. Местоимение ItMODELS 1. It is not usual to haggle about prices in a British shop, as it is in, say, a Turkish market. 2. It is necessary to have a clear picture of a staggering amount of crime and how various classes and strata are affected by it. 3. It is felt that society cannot work if people are allowed to take the property of others at will: therefore theft is forbidden and thieves are punished. 4. People continue to rely on written agreements for years but if a serious disagreement arises they may decide it necessary to take a legal action. 5. The jury is to decide questions of fact, and it is the judge’s responsibility to guide them on questions of law. 6. Most countries find it convenient to set up separate systems of criminal and civil courts. 7. It is important to consider to what extent descriptive and prescriptive laws can be distinguished from customs and social rules. 8. In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. 9. Under resolutions which were adopted by the UN General Assembly it is the duty of every state to pursue and punish war criminals. 10. The vagrancy laws, some judges observe, make it a crime to be poor, downtrodden and unemployed. 11. It should be noted that the phrase “common law” is sometimes used in England today to describe the whole body of judge-made rules. 12. In order to separate the role of the legislature and judiciary, it was necessary to make laws that were clear and comprehensive. 13. I t is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England but not (in prescribed places) in the Netherlands. 14. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life; however, it should not be forgotten that there are also lawyers whose lives are not so secure. 15. It is the task of the Crown to establish to the satisfaction of the jury the guilt of the accused. 16. It is a basic principle of the Anglo-American system of justice that neither an act alone nor an intent alone is sufficient to constitute a crime; the two must concur to establish criminal responsibility. There is no instinct like that of the heart. Lord Byron 2. Слова-заместители That, ThoseMODEL 1. If a conflict arises between EU law and that of a member state, EU law takes precedence so that the law of a member state must be disapplied. 2. According to specialists the two central banks most independent of the government are those of Switzerland and Germany. 3. Many companies invest their profits in such spheres as sophisticated technologies and those giving fast returns. 4. A margin is the difference between the interest rates which banks pay to lenders and those they charge to borrowers. 5. Partnerships can be formed easily and the legal position of partners is not very different from that of sole traders. 6. Complaints from Russian businesses and their desire to see a simple and more effective tax system are similar to those of European and American businesses. 7. Ordinary Americans are much more interested in local politics than in those at the federal level. 8. The political power of the US Secretary of State is second only to that of the President. 9. The system of checks and balances is such an arrangement of government powers where powers of one government branch check and balance those of other branches. 10. Most legal systems in Europe, including that of Scotland and indirectly those in many other parts of the world, were strongly influenced by Roman law. 11. The House of Lords is considered the upper house of the British Parliament, but its political powers are much more limited than those of the lower house, the House of Commons. 12. International law comprises the regulation of relations between governments and also between private citizens of one country and those of another. 13. Private law involves legal problems which exist between individuals, in contrast to those in which society is concerned. 14. Good offices are similar to mediation in that they also involve a third party, however, the role of this third party is much more passive than that of a mediator. 15. The definitions of many torts closely resemble those of crimes. 16. A fundamental principle of modern international law is that of the equality and self-determination of nations and peoples. But in this world nothing can be said to be certain, except death and taxes. Benjamin Franklin 3. Сложное подлежащее с инфинитивомMODELS 1. The economic situation in this country is reported to be improving. 2. The conference is expected to be held on the premises of the Academy. 3. Punishment is thought, sometimes correctly, to act as a deterrent both to the convict and to others. 4. The invention is expected to be of great importance for the protection of the environment. 5. Political stability is generally thought to be a good thing, but economic changes are usually inevitable. 6. The registration of a company may be cancelled if its objects turn out to be illegal. 7. Contract damages are merely intended to compensate a plaintiff for his loss. 8. A lot of research has shown that people are more likely to read and believe publicity than advertising. 9. He seems to have excluded himself from the vice-presidential candidacy at the time when the public opinion polls report that he is most popular. 10. The British Queen is expected to be impartial or “above politics” and her political advice to the Prime Minister is kept secret. 11. A barrister is required to have reached an accepted educational standard and to have become a member of the Inns of Court. 12. In recent times lawyers have made efforts to make their profession less mysterious; after all, their job is supposed to clarify matters for the public, not to make them more complicated. 13. Lawyers try to explain exactly why a judicial decision has been made, even when the decision appears to be obvious common sense. 14. The overall acquittal rate is said to be increasing now that defendants have the right to be tried by a jury. 15. Due to the system of checks and balances the President is not as powerful as many people outside the US seem to think he is. 16. War crimes are understood to mean serious violations of international humanitarian law committed during international or non-international armed conflicts. 17. It is a criminal offence to publish anything which is likely to ‘deprave and corrupt’ people. This law is aimed at preventing the worst type of pornographic material from being published. I think hardship is necessary for life to be good, for you to enjoy it. If you don’t know hardship, you don’t know when you have it good. Wallace Rassmussen, President, Beatrice Foods, Chicago 4. For — фразы с инфинитивомMODELS 1. The problem under discussion was too complicated for the participants in the Congress to cope with. 2. All these factors aggravated the debt problem and it was impossible for the country to meet its external debt service obligations in time. 3. One of the ways to run a business is for two or more people to form a partnership in which they share management, profits and liabilities to debts. 4. There is always a need for management to give the front line personnel relevant guidelines for all activities. 5. The WTO is a forum for member governments to negotiate trade agreements and to try to sort out trade problems. 6. Judges do not merely apply the law, in some cases they make law, and their interpretations may become precedents for other courts to follow. 7. As a first step it is customary for the solicitor to try to settle a dispute without litigation. 8. It is necessary for at least ten of the twelve jurors to agree in order to find a defendant guilty. 9. It is now possible for barristers to be employed by firms of solicitors, companies, or other institutions as in-house lawyers. 10. Immediately after judgement has been given, it is usual for the counsel for the successful party to ask for costs, and this is a matter for the judge’s discretion. 11. It is possible for American candidates to win a majority in a state and still lose the popular vote and the Electoral College. 12. Cabinet officials are appointees of the President, so when the President’s service ends it is customary for the Cabinet to resign. 13. The US Special Courts have been established to handle cases which are sometimes difficult for a judge to understand. 14. It is essential for a sovereign state to be able to create such legal relations with other entities as it feels fit. 15. In recent years it has been difficult for intellectual property law to keep pace with technological change. 16. They say, there are a lot of young lawyers now, far too many for the legal job market to absorb. 17. It is illegal for businesses to conspire with each other in order to fix prices or divide markets between them. Lawyers with a weakness for seeing the merits of the other side end up being employed by neither. Richard J. Barnet 5. Герундий в различных синтаксических функцияхMODELS 1. In England the main decision for a future lawyer is between becoming a barrister or solicitor. 2. Many people believe the distinction between barristers and solicitors should be eliminated, but there are arguments for maintaining as well as removing the distinction. 3. The precedent is the rule of law which the first instance judge relied on in determining the case’s outcome. 4. Some transactions are so complex that few of us would risk making them without seeking legal advice: for example, buying or selling a house or setting up a business. 5. Punishing offenders, compensating the injured and enforcing agreements are merely some of the tasks of a modern legal system. 6. Many brutal methods have been used throughout history to execute condemned criminals, including being burnt alive, thrown to wild animals, boiled in oil, pressed to death, stretched on a rack, disemboweled and beheaded. 7. Assault is placing another in apprehension or fear of an imminent battery. 8. In countries where there is much political corruption certain people are able to escape justice by using their money or influence. 9. Common law or case law system differs from Continental law in having developed gradually throughout history. 10. On coming to office the British Prime Minister has to fill about seventy ministerial positions from the ranks of his supporters in Both Houses of Parliament. 11. If a partnership was set up for an indefinite period, it can be ended by any partner giving notice to all of the others. 12. Financial legislation may become law within a month of its being passed by the Commons, regardless of the attitude of the Lords. 13. Courts are often criticized for being biased, and incidents of judges handing down guilty verdicts to defendants under pressure from prosecutors are widespread. 14. The state, by assuming responsibility for chastising the criminal, reduces the risk of victims of crime ‘taking the law into their own hands’. 15. Instead of individuals being compelled to fend for themselves, the law oversees and coordinates public services that would be beyond the capacity of citizens or the private sector to achieve, such as defence or national security. What is conservatism? Is it not belief in the old and tried rather than the new and untried? Abraham Lincoln 6. Rather Than, Other ThanMODELS 1. The basic idea behind the “marketing concept” is that you make what you can sell rather than sell what you make. 2. Many people think that lawyers are trained to give their clients answers, rather than bring them to agreement. 3. Some people argue that companies have to be careful never to cheat customers, but for purely business reasons rather than ethical ones: disappointed customers will not buy any more of your products in the future. 4. If your neighbour plays loud music late at night, you probably try to discuss the matter with him, rather than consulting the police. 5. Sometimes people are arrested for no reason other than their poverty. 6. Representation other than by lawyers has become an important form of representation before tribunals. 7. In medieval England judges attempted to apply existing customs and laws to each new case, rather than making the government write new laws. 8. The duties of barristers are governed by rules of professional etiquette which depend on customs and traditions rather than upon statute. 9. A defendant can file a counterclaim against a plaintiff, if another cause of action is involved, and it must be other than simply an answer to the claim of the plaintiff. 10. Barristers are invariably instructed by solicitors, rather than directly by the client, whereas clients go directly to solicitors. 11. In most criminal justice systems the majority of offenders are dealt with by means other than custody, i.e. by fines, probation or supervision. 12. Generally the House of Representatives rarely schedules an important meeting on the day other than Tuesday through Thursday, because there might not be enough members on hand for a quorum. 13. Arrangements whereby a person administers property for another person’s benefit rather than his own are called Law of Trusts. 14. An employee whose contract is terminated other than by being given notice of the required length can have a claim for wrongful dismissal. 15. The holder of a patent is often a company rather than the individuals who invent something in the course of their work. 16. Although members of the European Parliament are elected on a national basis, they sit according to political groups rather than their nationality. 17. An easement is the right of one other than the owner to affect another’s property interests and rights. Since love grows within you, so beauty grows. For love is the beauty of the soul. Saint Augustine 7. Союзы Since, For, AsMODELS 1. Transition to a market economy is a very long-term task, for it takes longer to change a society than to build a city or reconstruct an enterprise. 2. The new challenge which faced the international community as it approached the beginning of the second millennium was the implementation of human rights. 3. As legal systems evolved, different rules tended to fall into two main categories: criminal law and civil law. 4. Since the US $ is the world’s most important trading currency there is a market of many billions of Eurodollars (including the oil-exporting countries’ “petrodollars”). 5. As the society develops and becomes more complex, rules of a more definite nature emerge and a body of laws comes into existence. 6. Parliament has great powers, for it is our chief law-maker. 7. As our notions of privacy have changed the courts have emerged as the arena where debate is most often conducted concerning personal matters. 8. Early years at the B ar may be insecure since solicitors are reluctant to entrust their work to an untrained barrister and without work he is likely to remain untried. 9. There isn’t any great gap between the work of experienced modern barristers and solicitors, for there are many barristers who do little advocacy and there are solicitors who have made considerable reputations for themselves in the courts. 10. The inferior courts in the US federal system have less political importance, since their principal duty is to settle routine cases where no constitutional question is at stake. 11. A defamatory letter which is mailed directly to the plaintiff, who opens and reads it, is not a publication, since there is no communication to a third person. 12. Since the U.S. district courts are federal courts, they are allowed to hear cases only where federal jurisdiction exists. 13. As litigation expenses have climbed, plaintiffs and defendants have sought ways to curtail cost. 14. Procedure in the County Courts in England tends to be quicker and less formal than in the High Court and, since the cases are heard locally, less costly. 15. Since the object of arbitration is to avoid the formalities, delay and expenses of litigation in court, judicial review of an arbitrator’s award is more limited than appellate review of a trial’s court decision. 16. There have been proposals to stop using juries in long complicated fraud trials, since this type of trial is particularly difficult for an ordinary person to understand. People tell me there are a lot of guys like me, which doesn’t explain why I’m lonely. Mort Sahl 8. Обобщающее WhichMODEL 1. Sometimes a company chooses to issue new shares to its shareholders instead of paying dividends, which is called a bonus issue. 2. If we had a world currency we’d have no exchange rates, which presumably would be good for trade. 3. Before a company makes something and tries to sell it, it wants to find out whether people would like to buy the thing, which is called a market research. 4. A cartel is a group of producers or sellers who fix prices and quantities in order to avoid competition and increase profits, which is illegal in many countries. 5. Most insurance companies and pension funds which own the majority of shares in major companies insist on extremely high dividends, which forces businesses to think about nothing but short-term profitability. 6. In many countries, professional people such as lawyers, doctors and architects are not allowed to form limited companies, which makes them serve their clients better because they have unlimited liability. Внимание! Авторские права на книгу "Грамматические трудности перевода. Английский язык для юристов" (Огнева Н.В.) охраняются законодательством! |
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