Тема 1. How can disputes be resolved privately?

Упражнение 1. Прочитайте и переведите текст

Many persons decide too quickly to litigate their disputes – to take their disputes to court. When someone injures another person or fails to keep a binding agreement, he usually first tries to settle the matter by direct negotiation. The injured party should discuss the problem with the wrongdoer as calmly as possible. The two of them can often reach a mutually acceptable solution. If there has been an automobile accident and the prospective defendant is injured, the insurance company will sometimes send an insurance adjuster to the injured prospective plaintiff. The adjuster tries to learn the facts about the accident and may suggest a mutually acceptable settlement.

In some cases, an independent third party may be called in to act as mediator (also known as a conciliator). The mediator talks to both parties and tries to develop a solution acceptable to both parties.

In other cases, an independent third party known as an arbitrator may be brought in by agreement of the parties. Sometimes original agreement between the parties has a provision for arbitration of disputes. The arbitrator’s decision, unlike that of a mediator, is binding on both parties. By using negotiation, mediation, or arbitration, the disputing parties may avoid the heavy costs and delays and difficulties of litigation (court trial). Moreover, the arbitrator’s decision (award) can be enforced by court order if necessary.

When no provision has been made for arbitration, and if the parties cannot reach an agreement by any other method, either party may go to court. However, courts generally treat the decisions of arbitrators as final; the matter cannot be reheard by a trial court.

Упражнение 2. Найдите англо-русские соответствия.

1.	to litigate	A	разрешать, решать (проблему)
2.	litigation	B	ответчик
3.	to resolve	C	судиться с кем-л., оспаривать на суде
4.	to injure	D	соглашение, обязывающее обе стороны
5.	an injured party	E	причинить зло, испортить, повредить что-л.
6.	a defendant	F	переговоры
7.	a binding agreement	G	оценщик размера страхового убытка
8.	a wrongdoer	H	сторона, понесшая ущерб
9.	negotiations	I	взаимоприемлемое решение
10.	a mutually acceptable solution	J	тяжба, судебный процесс
11.	an insurance adjuster	K	преступник, правонарушитель
12.	to rehear	L	вновь заслушивать дело

Упражнение 3. Заполните пропуски в вопросах, используя следующие слова: Allowed, punishment, carry, defence, spray, reduce

1. Do you think the police should ________ guns?

2. Do you think the police should be ________ to stop and question people without a special reason?

3. Do you agree with capital ________ for certain crimes such as murder?

4. Do you think it should be legal for people to carry a mace _________?

5. Do you think people should be allowed to use a gun or knife in self-________?

6. Do you think tougher punishments will help to ________ crime?

Упражнение 4. Прочитайте информацию о совершенном преступлении и ответьте на вопросы.

Two fifteen-years-old boys broke into a house in the middle of the day when the owners were out, and took money and jewellery worth about £900. The owner reported the crime to the police when she returned home at 6 p.m.

1. Will the police investigate this crime?

2. How will they investigate? What will they do?

3. Do you think the police will catch the two boys?

4. If they do, what crime will they be charged with?

5. Can the boys be sent to prison?

6. What do you think the sentence would be? Do you think this is the correct sentence?

Упражнение 5. Заполните пропуски, используя следующие слова: Moustache, well-built, as, much, wavy, in, wearing, looked, ponytail, sunglasses

A man and woman were running away from a post office which had just been robbed. This is the report that an eye-witness wrote for the police.

DATE: 18/03/06

CRIME: Robbery of Mare Street Post Office

WITNESS: Mr. Stewart

I was just getting out of my car, when I saw these two people, a man and a woman, running fast down the other side of the street from me. They were being chased by one or two people who ran out of the post office.

The man was (1) _______ taller than the woman. He was wearing black (2) _______and he had a long(3) ________.He was carrying a red leather bag. He had a long black hair, a beard and a(4) _______.He had a green anorak with badges on the sleeves. He was quite(5) _______and muscular. The woman was quite small and very slim, but she could run just as fast (6) _______the man. She had(7) _______,shoulder-length hair and was probably(8) _______her late teens. She was(9) _______a dark blue T-shirt and jeans. They both(10) ______quite scared.

Упражнение 6. Соотнесите слова с их определениями.

1.	trial	A	a crime that is being investigated
2.	case	B	information used in a court of law to decide whether the accused is guilty or not
3.	evidence	C	the decision: guilty or not guilty
4.	proof	D	the legal process in court whereby an accused person is investigated, or tried, and then found guilty or not guilty
5.	verdict	E	the person who leads a trial and decides on the sentence
6.	judge	F	a group of twelve citizens who decide whether the accused is guilty or not
7.	jury	G	evidence that shows conclusively whether something is a fact or not

Упражнение 7. Переведите следующие слова и словосочетания с русского языка на английский:

невиновный/ виновный; обвиняться в совершении преступления; совершить преступление; допрашивать; судебный процесс; ответчик, подсудимый; быть виновным в преступлении; мелкие правонарушения; заключенный; свидетельские показания; расследовать; суд; присяжные; адвокат; арестовать; тюремная камера; штраф; приговор; тюрьма.

Упражнение 8. Расположите предложения в хронологическом порядке.

1. Two men came out of a building.

2. Mark was driving through the streets.

3. Mark followed them.

4. Mark arrested the men.

5. The men jumped into a car and sped away.

6. Mark radioed for help.

7. The police officers handcuffed the men.

8. Police cars blocked the road.

Упражнение 9. Заполните пропуски, используя глагол to rob или to steal в правильной грамматической форме.

1. Last night an armed gang _______ the post office. They _______ £2000.

2. My handbag ________ at the theatre yesterday.

3. Every year large numbers of banks _________.

4. Jane ________ of the opportunity to stand for president.

5. They ________ my bike yesterday.

6. A masked man _______ the bank two days ago.

7. Sarah ________ last night.

Тема 2. Law enforcement

Упражнение 1. Прочитайте и переведите текст

Governments create laws. They are also very involved in enforcing the law. In the US, They have three levels of government – federal, state, and local. All three levels create laws and all three levels enforce laws. Each level of government usually uses police, public prosecutors, and courts to enforce the law.

In general, each level of government is most concerned with its own laws. Thus, agents of the Federal Bureau of Investigation (FBI) investigate only violations of federal laws.

Procedural law deals with methods of enforcing legal rights and duties. Laws, which specify how and when police can make arrests and what procedures can be used in a trial are procedural laws. In contrast, substantive law defines rights and duties; it is concerned with all rules of conduct except those involved in enforcement.

There are two types of procedural law – civil procedure and criminal procedure. Criminal procedure defines the process for enforcing the law when someone is charged with a crime. A crime is an offense against society, as well as a violation of the rights of the victim. Because a crime is an offense against society, representatives of society such as city police, the state highway patrol, or FBI agents investigate the alleged criminal conduct and try to arrest and imprison those who commit criminal acts. Other representatives of society – city prosecutors, state attorneys general, or U.S. attorneys try to convict the alleged offender during a criminal trial. The law of criminal procedure controls each of these activities.

Civil procedure is used when a civil law has been violated. Civil law is concerned only with private offenses. These are offenses against a particular person who has been injured. When a civil law is violated, the injured party uses civil procedure to protect his or her rights, primarily through a civil trial. Since civil matters involve a private offense, police and public prosecutors generally do not involve themselves in the dispute.

One act may be both a crime and a civil offense. That is, one act may violate the criminal laws and at the same time violate the civil laws by causing a private injury.

Упражнение 2. Найдите англо-русские соответствия.

1.	law enforcement	A	материальное право
2.	procedural law	B	уголовный процесс
3.	substantive law	C	применение закона, обеспечение порядка
4.	civil procedure	D	нарушать
5.	criminal procedure	E	процессуальное право
6.	to enforce	F	заключать в тюрьму
7.	to violate	G	проступок, преступление
8.	violation of rights	H	гражданский процесс
9.	to imprison	I	подозреваемый
10.	an offence (against)	J	нарушение прав
11.	alleged offender	K	осуществлять, приводить в исполнение
12.	to convict (of)	L	признавать виновным