The theme of practical lesson №15: Customary law.
Задания : Read through the text and complete the spaces (1-5) using the
Sentences below (a-e)
Customary law is generally derived from custom, meaning long-established practices that have acquired the force of law by common agreement. It does not vary. (1)……….. In some tribes, the tribal common law has been set out in different court decisions and written opinions over time and has become case law. Among several Pueblo communities, the matrilineal* system holds that property belongs to the female. (2)……….. Similarly, Navajo courts incorporate Navajo common law in decisions in probate, criminal, and child custody cases, and marital conflicts.
For many tribes along the Northwest coast, such as the Yurok, customary laws dictate the areas where families can conduct their fishing, hunting, and gathering. These areas are passed down from one generation to the next. When someone fishes in another family's area, it is considered an insult to the entire family. (3)………. Compensation may be with fish, fishing gear,
feathers, hides, beadwork, traditional clothing, or other forms of payment. Among several Pueblo communities, it is customary for discipline to be administered by the fiscale, who is responsible for maintaining the peace and overseeing the welfare of children and youth. (4)………. The fiscale advises the children about the consequences of their misconduct and may reprimand
them or refer them and their parents to services such as counseling.
In many tribes, information, beliefs, and customs are handed down orally or by example from one generation to another. For example, in the Minto Tribal Court of Alaska the resolution process involves a segment dedicated to ''traditional counseling'' by the facilitator* or presiding judge. (5)………. Often, these are expressed in parables* or creation narratives and beliefs. to renew relationships.
matrilineal – определяемый по женской, материнской линии
facilitator – someone who helps a group of people discuss things with each
other parable – a short simple story that teaches a moral or religious lesson
a) It is a general practice for parents to summon the fiscale when their children are unruly or misbehaving.
b) In a divorce or separation, property is divided according to the matrilineal definitions of property ownership and is written into the decisions of the traditional or tribal court.
c) This segment is traditionally set aside for the spokespersons or tribal officials to speak of community values, mores, and the consequences of misbehavior or misconduct.
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d) Tribal common law is based on the values, mores and norms of a tribe and expressed in its customs, traditions and practices.
e) By custom, the wronged family calls a family forum as the proper way to handle the matter and to request compensation.
Tasks for independent work of student with teacher29, 30:
Задания : Translate the following extracts from newspaper articles.
1. “I have been convicted of breaking the law because I was trying to stop others from doing so. It’s totally unjust.”
2. “Three years ago, Mr. Fforde caused an outcry when he accused the Scottish Executive of breaching his human rights by abolishing the feudal system.”
3. “International arbitration is now recognized and can be enforced in the 132 countries which are members of the New York Convention of 1958.”
4. “The situation has been considerably simplified with the newly enacted Russian Code of Arbitration.”
5. “Putin lectured Bush about how Russia’s history dictates that it adopts a limited form of democracy.”
6. “In order to create a dynamic civil society, it is essential to guarantee both the liberty of citizens from extortion and the freedom to protect their private property.”
7. “Most companies involve charges of attempts to buy votes, financial abuses and violation of electoral law.”
Форма отчетности : письменно
Tasks for independent work of the student : Choose a proper verb.
1) Congress (disobeyed/ adopted/ ignored) a law that allows women to become pilots in the Air Force.
2) If you don’t buy a ticket before you get on train you are (passing/ studying/breaking) the rules.
3) Many drivers (keep within/ ignore/ practise) the law and drive without using safety-belts.
4) When a Bill is (passed/ revoked/ followed) by Parliament and signed by Sovereign it becomes a law.
5) The British lawyers (lay down/ violate/ rely) mostly on customs, traditions and precedents.
6) If a man failed to (go in for/ go beyond/ observe) the law he can be punished.
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7) The President (read/ enacted/ enforced) the Bill on animal rights.
8) A lawyer is a person who (studies/ obeys/ practises) law.
Форма отчетности: письменно
Literature:
1. Just English. 101 Texts on Law. Для будущих юристов
2. Just English. Legal Crosswords
3. Just English.Clones are Coming
4. Английский для юристов: учебник English for Law Students, Зеликман А. Я., Ростов-на-Дону, «Феникс», 2006
5. Translation in the field of jurisprudence, Borisova L. A. VSU 2005,.
6. The English language in international documents: Law, trade, diplomacy : for students of faculties of international relations, international law and foreign. yaz. / I. I. Borisenko, L. I. Evtushenko. Kyiv, 2001
7. English for lawyers, Kolesnikov, Nina A.: Moscow 2006,.
8. Test your professional English: law : average : above average : advanced / Nickname of Briger. — Harlow : Pearson In Education ; Harlow : Penguin English, 2006.
Bibliography
1. Just English. English for lawyers. Basic course (2001-2008)
2. Just English. 101 Texts on Law. For future lawyers
3. Just English. Legal Crosswords
4. Just English.Clones are Coming
5. English for lawyers: a textbook of English for Law Students, Zelikman A. Ya., Rostov-on-don, Feniks, 2006
6. English for lawyers, Sheveleva S. A. ,Publisher: yuniti-Dana; 2005
7. English for lawyers, Staff, Publisher: omega — L, Year: 2006
8. Course of legal translation, Nazarov.
9. Translation in the field of jurisprudence, Borisova L. A., Voronezh state University, 2005.
10. The English language in international documents: Law, trade, diplomacy : for students of faculties of international relations, international law and foreign. yaz. / I. I. Borisenko, L. I. Evtushenko. Kyiv, 2001.
11. English for lawyers, Kolesnikov, Nina A.: Moscow, 2006.
12. English for lawyers. Branches of law : E. K. Pavlov, T. N. Shishkin. — Rostov-on-don : Phoenix, 2002
13. Test your professional English: Law : intermediate : upper-intermediate : advanced / Nick Brieger. — Harlow : Pearson Education ; Harlow : Penguin English, 2006.Test your professional English: Law : intermediate : upper-intermediate : advanced / Nick Brieger. — Harlow : Pearson Education ; Harlow : Penguin English, 2006.
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Questions for self-control
1. studying law
2. historical sources of english law
3. classification of law
4. law and enforcement
5. states, statutes and constitutions
6. the uk and characteristics of english law
7. the european union and law
8. human rights
9. the judiciaries, law officers and legal profession
10. courts
11. legal sources
12. criminal law
13. the law of tort
14. the law of person
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