The Basic Principles of Legal Citation



Вопросы для зачета

по дисциплине «Иностранный язык в профессиональной деятельности»

 

Задания и вопросы к зачету

1. Изучить рецензированный источник (источники) по теме диссертации магистранта на английском языке объемом около 4000 слов.

2. Выделить наиболее значимый его фрагмент объемом около 300 слов и перевести его.

3. Обсудить с экзаменатором актуальную проблему источника с опорой на текст.

4. Беседа с магистрантом на основе следующих вопросов:

4.1. What is your educational background?

4.2. What department are you with?

4.3. What is your major?

4.4. What are your current research interests?

4.5. What is the subject of your research?

4.6. Why did you choose this field?

4.7. What is the hypothesis of your study?

4.8. What is the purpose of your study?

4.9. What are the methods you are applying?

4.10. How are you going to present the findings?

4.11. Who is your scientific supervisor?

ASSIGNMENT 2

2.1Consult your scientific supervisor and define the title of your master’s dissertation.

2.2Translate the title into English using a traditional or electronic dictionary (translator).

2.3Check whether your translation is relevant by finding the same word combination (collocation) – a notion – in some other legal sources (abstracts, books, scholarly journals, Internet sites).

 

ASSIGNMENT 3

3.1What is the purpose of your dissertation (scientific research)? Choose what looks good to you:

- to satisfy the course requirements;

- to show that you understand certain legal notions;

- to show that you have a stable interest in the problem and can do independent research;

- to apply your experience and findings into your piece;

- to develop a brand new theory;

- to update a specific theory with the latest material.

3.2 What is the objective (goal) of your research? Define the problem of your research: are you going to explain the causes or effects of the problem, or to provide descriptions of the problem?

3.3What is the background of the problem under your consideration (previous research, literature review)? What are the trends in this field? Which scholars’ opinions do you agree with and which do you disagree? How are you going to contribute to the theory and practice?

3.4 Does your piece have a theoretical and practical importance?

3.5 What is the hypothesis of your research?

3.6 What methods (measures) do you apply (sampling, data-collecting)?

ASSIGNMENT 4

4.1 What scientific sources have you collected?

4.2 How much time did you invest in searching the material?

4.3How do you estimate them: Did you surf among white (books, journals) or grey (compilations, free Internet sites) literature? Or others?

4.3 Make up a reference of the studied sources and update it correspondently.

 

ASSIGNMENT5

5.1 Translate the most essential part of the sources examined (the volume is about 150 words).

 

ASSIGNMENT 6

6.1 What are the findings of studying the sources? How do they support your hypothesis? Is there enough evidence, explanations, and illustrations?

6.2 Draw the conclusion of your study. Make a brief abstract (summary) of your examination.

6.3 Write the key words of the information collected and analyzed.

     

THE FINAL ASSIGNMENT

1. Collect and analyze appropriate for your dissertation information (volume is about4,000words).

2.Translate a fragment of about 1,000 words from an appropriate text.

3.Give a hypothesis of the essential findings.

APPENDIX 1

Here are the words and phrases that may become of use to you

The problem may be entitled …

The sources concern (consider, deal with, comment on, cover, examine) ... the problem of (the analysis of, material on, the description of, the state-of-the-art of, current views of, information on… .

The author(s) …

- analyses, describes, examines, considers, reviews, studies …

- presents, reports on, demonstrates, shows, concentrates on, focuses on, draws attention to, emphasizes, points out, stresses, gives a thorough treatment of …

- suggests, proposes, offers …

- comes up with an idea that, introduces the conception of …

- reasons, hypotheses, theorizes that …

- advocates, argues for/against, questions, criticizes, favors …

- denounces, supports, believes …

- raises objections against, is in favor of, is opposed to …

- mentions, touches on, outlines, gives a rough sketch of …

- continues, goes on to say that, proceeds to explain that …

- sums up, summarizes, makes a conclusion that …

- finishes by saying that …

 

The main idea of … (problem, issue, question, matter, point, subject, topic, discussion, case … .

 

The book (monograph, article, passage) is entitled/headed “…”.

The passage (article) under the heading “…” is devoted to … .

 

The article concerns (considers, deals with, comments on, covers, examines) ... the problem of (the analysis of, material on, the description of, the state-of-the-art of, current views of, information on… .

The author …

- analyses, describes, examines, considers, reviews, studies …

- presents, reports on, demonstrates, shows, concentrates on, focuses on, draws attention to, emphasizes, points out, stresses, gives a thorough treatment of …

- suggests, proposes, offers …

- comes up with an idea that, introduces the conception of …

- reasons, hypotheses, theorizes that …

- advocates, argues for/against, questions, criticizes, favors …

- denounces, supports, believes …

- raises objections against, is in favor of, is opposed to …

- mentions, touches on, outlines, gives a rough sketch of …

- continues, goes on to say that, proceeds to explain that …

- sums up, summarizes, makes a conclusion that …

- finishes by saying that …

 

The main idea of … is … … in many ways

The problem of how to deal with … is discussed … in a shorthand form

The issue concerning… is considered … according to …

The matter regarding… is dealt with … in terms of …

The problem associated with … is treated … in relation to …

The point under consideration … is covered … in the framework …

The subject at (in) hand is touched upon … in the context of …

The topic in question is defined at the beginning of …

The discussion covered in … is brought about by in the next section …

The case involved in … caused by … at the end of …

The case is attributed to … at different times

 

It is believed (pointed out, sais, suggested, underlined ) that …

 

    The organizers: therefore, consequently, hence, so, thus, thereby (therewith);

    as a result, as a consequence, in consequence, according to, in accordance with, accordingly;    for that reason; similarly, in much the same way; thereby, by doing so, here; that is to say, namely, viz; that is (to say), id est (i.e.); for example, for instance, i.e., e.g.;

    however, but;

    on the other hand, alternatively;

    nevertheless, nonetheless, even so

    yet;

    in contrast, alternately;

    on the contrarytothis;

    besides;

    inturn;

    here, also, inthiscase;

    forotherreasons;

    forthispurpose;

    for the purpose in view;

    toward this end, to this end;

    to do this, doing this;

    viewed this way, from this point of view, on this viewpoint;

    in this respect, еspecifically, now, here, atmost, inanycase, ifanything;

    first, firstly, initially, from the very beginning, as a start, secondly,

    above, below;

    so far, thus far, to this point;

    recently, of late;

    first of all, to begin with;

    ultimately, inthelastfewyears;

                                                         atthattime, forsometime, duringthatperiod, bythetime, thistime, since, sincethattime, then, next, now, hereafter, later (on), in what follow, then, subsequently;

    in the near(est) future, the next year, in the following year, eventually, finally, ultimately;

    here, inthiswork, in this article (paper), inthissection (chapter), onpage …

    in the table, in Table …, in the chart, in Appendix;

    in the previous works, discussions;

    throughoutthework (book).

APPENDIX 2

The Basic Principles of Legal Citation

Generally only two typefaces are used in court documents and legal memoranda – Ordinary typeandItalics (indicated in some materials byunderscoring)(printed in courier).

Case names.Underscore or italicize all case names.

1. United States v. Reynolds, 449 F.2d[1] 1347 (9th Cir.[2] 1971), cert. denied[3], 408 U.S. 924 (1972).

In re[4]Winship, 397 U.S. 358 (1970).

Full name of the case:United States v. Reynolds,

published sources (bound publications which print only cases – reporters) in which it may be found: 449 F.2d,

a parenthetical indicating the court and jurisdiction and the year or date of decision: (9th Cir. 1971)

2. United States v. Reynolds, 449 F.2d 1347 (9th Cir. 1971), cert. denied, 408 U.S. 924 (1972).

Ex parte[5]Winship, 397 U.S. 358 (1970).


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