Номер билета студент определяет в соответствии с заглавной буквой фамилии.
|Номер варианта||Первая буква фамилии|
|1||А, Б, В. Г, Д, Е, Ж З, И,|
|2||К, Л, М, Н, О, П, Р С, Т,У,|
|3||Ф, Х Ц, Ч, Ш, Щ, Э, Ю, Я|
Оценка «отлично» выставляется, если студент выполнил все задания экзаменационного билета, демонстрирует достаточно глубокое знание пройденного материала; перевод англоязычного текста выполнен без искажения смысла, русский вариант не содержит лексических, грамматических ошибок и стилистических, текст перевода оформлен в соответствии с требованиями; студент демонстрирует прочные знания терминологии, способен осуществить на достаточном хорошем уровне частичный перевод с русского на английский с использованием терминологии; грамматическое задание не содержит ошибок.
Оценка «хорошо» выставляется, если студент выполнил все задания экзаменационного билета, демонстрирует достаточное знание пройденного материала; перевод англоязычного текста выполнен в общем без искажения смысла, но есть небольшие неточности; русский вариант практически не содержит лексических, грамматических и стилистических ошибок, текст перевода оформлен в соответствии с требованиями; в целом, студент демонстрирует достаточные знания терминологии, хотя допускает незначительные ошибки; грамматическое задание содержит до 2 ошибок.
Оценка «удовлетворительно» выставляется, если студент выполнил 70% заданий экзаменационного билета, демонстрирует некоторое знание пройденного материала; перевод англоязычного текста выполнен с небольшим искажения смысла, есть фактические неточности; русский вариант содержит 3-5 лексических, грамматических и стилистических ошибок, текст перевода оформлен, в целом, в соответствии с требованиями; студент демонстрирует неуверенное знание терминологии, допускает ошибки при осуществлении частичного перевода; грамматическое задание содержит до 3 ошибок.
Оценка «неудовлетворительно» выставляется, если студент выполнил менее 50% заданий экзаменационного билета, демонстрирует неуверенное знание пройденного материала; перевод англоязычного текста выполнен с искажения смысла, есть фактические смысловые ошибки; текст перевода оформлен не в соответствии с требованиями; грамматическое задание содержит до 4 ошибок.
Ответы на вопросы в билете оформляются на одной стороне листа белой односторонней бумаги (формата А4) в текстовой редакторе Word шрифт «14 TimesNewRoman» с полями: левое – 30 мм, правое – 10 мм, верхнее – 20 мм, нижнее – 20 мм. Межстрочный интервал – 1,5. Выравнивание текста – по ширине страницы с включенным режимом переноса. Фразы, начинающиеся с «красной» строки, печатаются с отступом от начала строки равным 12 мм (первая стандартная позиция табулятора). Объем ответа минимум 2 страницы на вопрос.
Read and translate the text “The American Legal Profession”
The American Legal Profession
Technically there is no such thing as an “American lawyer”: every state admits its own, and a lawyer licensed to practice in Florida is strictly speaking a layperson as far as Alabama or Alaska is concerned. Nonetheless, in the aggregate, this is a vast army of lawtrained men and women.
The profession is, and always has been, quite diverse. There are many legal worlds. To begin with, there is the world of the big firm. These big firms recruit their lawyers, by and large, from the “national” law schools – with big reputations and long traditions, like Harvard and Yale. We know in general what the work is: it includes securities law, antitrust law, bond issues, mergers, tax work, international trade. In both big and little firms, up to half the work could be described as “litigation”.
Another staple of law practice is real estate: buying and selling houses or concluding elaborate deals for shopping centers, suburban developments, and office buildings, or converting luxury apartments into condominiums. Estate work is also common to big firms and little firms alike. Big firms handle these affairs for captains of industry and for great old families. Middle-sized do the same for the medium-rich – manufacturers of plastic novelties, owners of restaurants, car-wash companies, apartment buildings. Small-town lawyers and solo practitioners handle farm estates. And so on.
Some branches of practice do tend toward specialization.
There are lawyers who work on port trade, on chartering ships, on show business (“entertainment law”), on trademarks and copyrights. However, few lawyers are totally specialized.
Big-firm lawyers cover many fields and many problems. But there are areas they definitely do not touch. One is divorce. It is the lawyers in smallish firms and in law clinics, and the solos, who handle “one-shot” clients – couples who want a divorce, victims of car crashes, people arrested for drunk driving. Some lawyers with one-shot clients struggle to make ends meet; others earn heaps of money.
Since the early nineteenth century, law has been a prominent way “to get ahead” in the society. For much of American history, a lawyer meant “white male.” Black lawyers were rare birds in American history. Not a single woman was admitted to the bar before the 1870s. Indeed, when women tried to break into this all-male club, they met resistance and reluctance, to say the least. Opinions changed, but slowly and grudgingly. Equality of opportunity is not an easy goal to achieve, especially with regard to barriers of class. The cost of legal education is one of these barriers. Lawyers tend to come from the families of businessmen, teachers, professionals; they are not sons of grocery clerks or coal miners’ daughters. Over 73 percent of the practicing lawyers in Chicago came from “solidly middle-class or upper-middle-class-homes,” far more than if lawyers were selected from Chicago families at random. Many came from lawyerly or professional backgrounds not from working-class backgrounds.
There are law schools in every major city and in almost every state, Alaska is one of the few that lacks this modern amenity. These law schools are both different from each other and much the same. They are remarkably similar in curriculum and method. They also tend to impose the same general requirements: a college degree, and the Law School Admission Test (LSAT). But law schools are quite different in prestige, money and power – and in quality of faculty and students. The stronger older schools are able to “skim off the cream”. Harvard, Yale, Berkley, and Chicago can afford huge research libraries; small schools cannot.
Lawyers, like Americans in general, are joiners. They are united into a strong, permanent organization – the American Bar Association, the ABA, in short. There are also state, county, and city bar associations. But the ABA is still not an association of all American lawyers. No one has to join it though it has a huge membership.
Law and lawyers are expensive. Many people who want or need a lawyer have trouble paying the price. But the state provides a lawyer, free of charge “public defenders”, to anyone accused of a serious crime who cannot afford to pay on his own. For civil cases, the situation is more complicated. A few lawyers have always made it a practice to do some work free for poor clients. There are now a number of law firms organized for the “public interest”.
Task 2. Complete the following sentences.
- Big firms handle estate work for … .
- Middle-sized firms do the work for the medium-rich – … .
- Some lawyers specialize in … .
- Small-firm lawyers and solos deal with … .
- For many years of American history a lawyer meant … .
- Women were not admitted … .
- Equality of opportunity is not … .
- Lawyers tend to come from … .
- Law schools are similar in … .
- But law schools are quite different in … .
- American lawyers are united into … .
- The state provides a lawyer, free of charge “public defenders”, to …
Task 3. Fill in the gaps with the correct prepositions.
- The legal profession is divided … two branches.
- Both barristers and solicitors are professions held … high regard.
- The training and career structures … the two kinds of lawyers are quite separate.
- If a person has a legal problem she or he is … trouble or concerned … a question of inheritance or transfer … property he will go to a solicitor.
- Solicitors deal … all the day-to-day work of preparing legal documents … buying and selling houses, they do the legal work involved … conveyancing, probate, divorce.
- Solicitors work … court cases for their clients outside the court.
- Solicitors have the right to speak … the lowest Courts.
- When Solicitors have passed all the necessary exams they may apply … the Law Society to be “admitted”, then they can start business … their own.
- Barristers are experts … the interpretation of the law.
- Barristers advise … really difficult matters.
- Solicitors engage a barrister to whom they hand … the task of representing the client … the court.
- Barristers spend a lot of time … paper work apart from their actual appearances … court where they wear wigs and gowns in keeping … the extreme formalities of the proceeding.
- District judges are responsible … procedural steps in court proceedings.
- District judges’ administrative functions have now been transferred … substantial staffs of clerks and bailiffs.
- Judges themselves are not a separate profession: they are barristers who have demonstrated competence … litigation.
- Closely related … judicial independence is the doctrine of judicial immunity.
- A federal magistrate judge is a full-time judicial office, although in some courts it is filled … a part-time basis.
- A number of reforms have been suggested: solicitors could be given a full right … audience in all courts, all barristers could be permitted to form partnership … solicitors.
Task 4. Produce the whole sentence in English.
- (Юридическая профессия) in England is divided into two branches: barristers and solicitors.
- Barristers and solicitors have their own (характерные функции и отдельный аппарат управления).
- The solicitor is (юрист широкого профиля).
- Solicitors deal with all the day-to-day work of (подготовка юридических документов) for buying and selling houses, (составление завещаний).
- Solicitors work on court cases of (развод, супружеские вопросы, возврат долгов, незначительные преступления).
- In a civil action the solicitor has the right (выступать в низших судах).
- Most barristers are (профессиональные адвокаты) but it is a mistake (считать барристера только адвокатом).
- A student must pass a group of examinations (чтобы получить юридическую степень) and then to proceed to a vocational course.
- Federal magistrate judges are (назначаются) by the court.
- Barristers (консультируют) really difficult legal matters.
- (Статусом Королевского советника награждаются) about 30 counsellors a year by the Queen.
- The judge is (председательствующий чиновник в суде).
- The traditional function of judges is (применять существующие нормы права) to the case before them.
- (После того, как все доказательства представлены) the judge summarizes the case for the jury.
- Closely related to (судейской независимости) is the doctrine of (судейской неприкосновенности).
- Federal magistrate judges (занимают должность) for eight years.
- The magistrate judge is (уполномочен) to decide the case and (вынести окончательное судебное решение) in the name of the district court.
- When you are your own boss you can (отказаться от дел или клиентов) when you disagree morally with the legal principles expensed by the clients.
- Federal magistrate judges (выполняют) two kinds of functions.
- During the apprenticeship students are taught how (ведутся предварительные расследования, составляются документы, осуществляется подготовка к слушанию дела).
Grammar Revision: Tenses in the Active Voice
Choose the correct tense form.
- Nowadays an increasing number of communities has established/have established neighbourhood legal aid services to handle cases without a fee.
- A good cooperation will achieve/will have achieved better results and will mean/means more efficiency for the attorney and more legal advice at less cost for the client.
- The rate at which the legal profession grow/is growing is terrific.
- A friend of mine is going to become/will be becoming a lawyer when she finishes/will finish law school.
- She thinks/is thinking she will probably have/will have probably had her private practice for most of her career.
- This time next month she will have revised/will be revising hard for her exams.
- By the time she gets/will have got her degree she will have been studying/will have studied law for five years.
- The girl hopes she will have passed/will pass all the exams with excellent grades as she worked/has been working hard all these years.
Task 1. Read and translate the text “George Washington”
George Washington had been the obvious choice to be the first president of the United States, and indeed, many people had supported ratification of the Constitution on the assumption that Washington would be the head of the new government. By all measures, Washington proved himself a capable, even a great, president, helping to shape the new government and leading the country skilfully through several crises, both foreign and domestic.
Washington, like many of his contemporaries, did not understand or believe in political parties, and saw them as fractious agencies subversive of domestic tranquillity. When political parties began forming during his administration, and in direct response to some of his policies, he failed to comprehend that parties would be the chief device through which the American people would debate and resolve major public issues. It was his fear of what parties would do to the nation that led Washington to draft his Farewell Address.
The two parties that developed in the early 1790s were the Federalists, who supported the economic and foreign policies of the Washington administration, and the Jeffersonian Republicans, who in large measure opposed them. In foreign affairs, both sides wanted the United States to remain neutral in the growing controversies between Great Britain and France, but the Federalists favoured the English and the Jeffersonians the French.
Washington set out his vision of what would make the United States a truly great nation. He called for men to put aside parties and unite for the common good. The United States must concentrate only on American interests, and while the country ought to be friendly and open its commerce to all nations, it should avoid becoming involved in foreign wars. The United States must “act for ourselves and not for others”.
Many Americans, especially in subsequent generations, accepted Washington’s advice as gospel, and in any debates between neutrality and involvement in foreign issues would invoke the message as dispositive of all questions. Not until 1949, in fact, would the United States again sign a treaty of alliance with a foreign nation.
Task 2. Complete the following sentences.
- Many people supported ratification of the Constitution on the assumption that … .
- Washington proved himself a capable president helping … .
- His contemporaries didn’t understand or believe in political parties and saw them as … .
- G. Washington failed to comprehend that … .
- The two parties that developed in the early 1790s were … .
- The Federalists supported … .
- Both parties wanted the United States … .
- G. Washington wanted the United States to concentrate on … .
- The country ought to be friendly and open its … .
- Many Americans, especially in subsequent generations, accepted … .
Task 3. Fill in the gaps with the correct preposition.
- Americans have the great pride … their Constitution.
- The American Constitution is the oldest still … force in the world.
- Under the American Constitution all power belongs … the people.
- All governments and governmental groups must operate … constitutional guidelines.
- The first ten amendments … the Constitution stated fundamental rights of any American.
- State legislatures must conform … the state constitution.
- A great deal of power is put … the hands of president.
- US president is assisted in Administration … a Cabinet of 12 members.
- Cabinet secretaries correspond to European ministers, they are heads of different departments and directly and fully responsible … President.
- The Supreme Court watches … the other two branches.
- Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given … the Supreme Court … the Constitution itself.
- A decision of the Supreme Court cannot be appealed … any other court.
- All other cases which reach the Court are appeals … lower courts.
- One third of the Senators are elected every two years … six-year terms of office.
- A Senator must be … least 30 years old, a citizen of the US for nine years and a resident of the state from which he is elected.
- The Senate is elected … a population basis.
- Congressmen … a committee are experts … certain fields.
- The representatives in Congress must please the people in their districts, or they will find themselves … a job.
- The legislative branch takes the lead … formulating the structure and duties of the other two branches.
- There are light specific limitations … Congress’s powers noted in Article I Section 9 of the Constitution.
- A statute can be about any subject that law touches … .
- The statute also contains a message to some legal authority, giving instructions about carrying … the law.
- Today the Democrats are thought of as associated … labour and the Republicans with business.
- The Department of State advises the President … foreign relations, the Department of Justice deals … legal matters.
Task 4. Produce the whole sentence in English.
- The Constitution may be defined as a system or body (основных принципов, согласно которым государство устанавливается и управляется).
- The American Constitution for over 200 years has provided the basis for (политическую стабильность, свободу всех граждан, экономический рост и социальный прогресс).
- The Constitution (установила федеральную систему) with a strong central government.
- (Система сдержек и противовесов обеспечивает) that no one branch of the government would dominate the others.
- (Поправки были внесены в) the American Constitution twenty-six times.
- The amendments to the Constitution (право на судебное разбирательство судом присяжных, право быть защищенным против необоснованных преследований и арестов, конфискация имущества) stated the fundamental rights to any American.
- State governments arrange such affairs as (поддержание порядка, образования детей).
- Laws (влияющие на повседневную жизнь граждан) are enforced by police in the cities and towns.
- Agents of the Federal Bureau of Investigation track down criminals who (пересекают государственную границу или нарушают федеральные законы).
- A decision of the supreme Court (не может быть обжаловано) to any other court.
- Although the three branches are presumably coequal, (законодательная ветвь) takes the lead in (формирование структуры и обязанностей двух других ветвей).
- Some statutes are long, (сложные и важные) some are short.
- The President has the authority (назначать глав всех департаментов исполнительной власти) and agencies, together with hundreds of other high- ranking officials.
- The important function of the President is that he can grant full or conditional pardon to (любому, обвиненному в нарушении федерального закона, сократить срок приговора) and reduce fines.
- During the impeachment process the President is to (подвергнутся судебному разбирательству в Сенате) with the Chief Justice as the judge.
- At every level of political life the Republican and Democratic parties (борются за господствующее положение в обществе).
- The Republicans place more emphasis on private enterprise and (часто обвиняют демократов в создании слишком либерального правительства).
Grammar Revision: The Passive Voice
Put the verb in brackets into the correct passive tense.
- Before the Normans conquered England different areas of the country (govern) by different systems of law which often (adapt) from those of various invaders who had settled there; roughly speaking, Dane law (apply) in the north, Mercian law around the midlands, and Wessex law in the south and west.
- Each law (base) largely on local customs and these customs varied from place to place.
- Representatives of the king (send) out to the countryside to check local administration and (give) the job of adjudicating in local disputes, according to local law.
- By about 1250 a “common law” (produce) that ruled the whole country and could (use) to predict what the courts might decide in a particular case.
- The principles behind this “common law” still (use) today in creating case law which in fact often (know) as common law.
- Case law comes from the decisions that (make) by judges in the cases before them, but case law (not, make) up with the decisions of juries.
- The idea is that once a decision (make) on how the law applies to a particular set of facts, similar facts in later cases (treat) in the same way.
- The judges listen to the evidence and the legal argument and then a written decision (prepare).
- The explanation of the legal principles on which the decision (made) (call) the ratio decidendi – Latin for the “reason for deciding”.
- If the decision of a lower court (appeal) to a higher one, it (change) by the higher court if they feel the law wrongly (interpret) by the lower court.
- As a rule decisions always (not, make) on the basis of only one previous case; usually several different cases (offer) in support of each sides view of the question.
- The independence of Judiciary (guarantee) by the Act of Settlement, 1700.
Task 1. Read and translate the text “Checks on the Judiciary”
Checks on the Judiciary
The Constitution provides several checks on the judiciary to be exercised by the other branches to maintain the system of separated powers. No one ascends to a federal judgeship without presidential appointment and Senate approval. The executive has the power of granting pardons and reprieves of judicial sentences, an especially significant check on state judiciaries when exercised by governors. Presidents have this same power but use it less often.
Congress has even more external controls over the courts. The Senate can reject a nominee, although this has happened in fewer than 10 percent of all Supreme Court appointments. Congress can impeach judges, also a rarely invoked but important check. It can effectively nullify a court’s interpretation of a statute’s imply by passing a new law, and it can react to a court’s constitutional interpretation by introducing a constitutional amendment.
The legislative branch is also empowered to change the federal court’s appellate jurisdiction. Congress can also expand or contract the size of the federal judiciary, including altering the number of justices on the Supreme Court. While it often creates new district court judgeships, it has not changed the number of Supreme Court justices since 1869, when nine became the standard, nor is likely to do so.
Just as judges are aware of external checks on their power, so too are they mindful of self-imposed limitations. For example, the courts will try to avoid ruling on cases they categorize as “political questions”, which are more properly resolved by the elected branches. Another doctrine is that of stare decisis, literally meaning “let the decision stand”, or following precedent in similar cases. Decisions of higher courts are binding on lower courts, but stare decisis implies that decisions of a higher court will be binding on future cases in that same court as well. Courts can and do overturn their previous decisions, but because of the norm of adherence to precedent, “the law” is relatively slow to change. Combined with the long tenure of judges, there is an important institutional memory available for judicial decision-making and a continuity that further strengthens support for the courts.
Reduced to their most basic purpose, all courts in all political systems exist to resolve disputes. Conflicts presented before judges range from minor squabbles3 among private citizens to the scope and legitimacy of governmental action at the highest levels. Whether judges use written constitutions, elaborate legal codes, a common law tradition or religions texts, their decisions must be based on some generally recognized and approved standard if they are to endure.
By removing courts from the daily political pressures and rapidly changing social forces confronted by other government leaders, societies can best preserve the element of judicial independence so vital to stable political systems.
Task 2. Complete the following sentences.
- No one ascends to a federal judgeship without … .
- Presidents have the power of granting pardons and reprieves of judicial sentences but … .
- The Senate can reject a nominee although … .
- Congress can impeach judges, also … .
- The legislative branch is also empowered to change … .
- Just as judges are aware of external checks on their power … .
- Another doctrine is that of stare decisis which means … .
- Reduced to their most basic purpose, all courts in all political systems exist … .
- Conflicts presented before judges range … .
- Whether judges use written constitutions, elaborate legal codes, a common law tradition or religions texts, their decisions must be based on … .
Task 3. Fill in the gaps with the correct prepositions.
- High Court judges are appointed … the Queen … the recommendation of the Lord Chancellor.
- The Attorney General is responsible … prosecution policy.
- The case was dismissed … lack of evidence.
- The purpose of the civil courts is to provide a remedy … the wronged party.
- It is very important to be familiar … the distinction between civil and criminal courts.
- A case requiring a heavier punishment must be referred … the Crown Court … sentencing.
- Both parties can appeal … a higher court for reconsideration of the decision.
- There was no question … sending her to prison.
- The solicitor normally gives the reason … defending someone in these circumstances.
- Nobody can be found guilty … committing a crime, unless a sentence of the court is according to the law.
- The new law on dropping litter comes … force next month.
- Ann was released from prison and she is … probation.
- The police have charged her … driving without due care and attention.
- The matter was too difficult … the solicitor to clarify it within a week.
- I would never have suspected Jim … being the culprit.
- When a defendant is found guilty … the magistrates he may appeal to the local Crown Court.
- Criminal offences may be grouped … three categories.
- The burden of proof is … prosecution in criminal cases.
- There are various ways of classifying courts, thus it is possible to classify them according … their functions.
- Magistrates must as a rule sit … open court to which the public and the media are admitted.
Task 4. Produce the whole sentence in English.
- According to the traditional point of view the judges (применяют соответствующие законы, но не участвуют в расследовании дела).
- Some cases (могут выходить за пределы компетенции присяжных заседателей).
- For the parties bringing a civil or criminal action (используются разные названия).
- Judges must be (независимы от сторон спора).
- The prisoner stood (по обвинению в убийстве).
- Mr Smith is charged with (убийстве при отягчающих обстоятельствах).
- Crown court is presided over by a judge, but (решение о виновности или невиновности выносится жюри присяжных).
- Cases concerning any civil disputes (рассматриваются судьей суда графства без присяжных).
- Some courts such as magistrates’ (не имеют права рассматривать апелляции).
- The criminal courts must determine (совершил ли подсудимый преступление и наказать преступника).
Grammar Revision: Participle I, Participle
Use the proper form of the Participle.
- The judge told us what crime the accused would be guilty of, if evidence (to supply) by the prosecution was true.
- (To finish) his summing up, the judge asked the jury to consider their verdict.
- When (to ask) about the difference between a solicitor and a barrister, the secretary said that solicitors could appear in the lower courts of justice and could speak for their clients.
- One of the specifications of the English legal system is that a (to practise) lawyer has an obligation to hold either a place of a barrister or a solicitor.
- (To accuse) of burglary and (to find) guilty, the court sentenced Mr. Black to three years of imprisonment.
- The solicitor says he feels confident (to have) an idea the man he is defending is not guilty.
- The suspect (to use) the services of a famous lawyer could prove his alibi.
- In the Crown Court three main kinds of judges preside (to depend) upon the seriousness of the case: High Court judges, circuit judges and part time judges.
- The judge is always a legal expert and is also paid for work (to hear) serious cases in the Crown Court. 10. (To have) the verdict of the jury the judge delivered his judgement of punishment.