Kinds of law in the United States
There are 51 basic legal systems in the United States: the federal system and a separate system in each of the 50 states. Although these systems are mainly similar, they also have important differences. For example, laws governing marriage and divorce are not the same in all states. The differences among legal systems exist because each of the original 13 states was previously sovereign (independent).
These four types of laws – administrative, constitutional, statutory and case – are each created by federal and state governments. Local governments generally create only statutory and administrative laws.
1. Constitutions are the supreme sources of law. The federal Constitution of the USA is said to be «the supreme law of the land». This means that any state law – including a part of a state constitution – is void to the extent that it conflicts with the federal Constitution.
The Supreme Court of the United States is the final interpreter of the federal Constitution and each state supreme court is the final authority on the meaning of its state constitution.
The federal Constitution is the main instrument for allocating powers between persons and their governments. It does this with its first ten amendments to the constitution, called the Bill of Rights, which protect citizens from certain acts of their governments. Important rights of citizens are included in the Bill of Rights.
The federal Constitution allocates certain governmental powers to the federal government and certain other powers to the state governments.
2. The Congress of the United States and federal legislatures are composed of elected representatives of the people. Acting on behalf of their citizens, these legislatures may enact new statutes.
All state legislatures have delegated some of their legislative authority to local governments. Thus, towns, cities, and counties can legislate in their own geographic areas on matters over which the state has given them authority. This legislation is created by a town or city council or by a county board or county commission. Legislation of this type is usually called an ordinance rather than a statute.
To be valid, the statute or ordinance must not conflict with the federal Constitution or state constitution.
3. The federal, state, and local legislatures all create administrative agencies.
Although they are created by legislatures, administrative agencies are usually operated by the executive branch of the government. Thus, the President, governor, or mayor will supervise the agency's activities. For example, the United States Congress created the Internal Revenue Service (an agency) and directed that the President appoint and supervise the staff of the agency.
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The rules and regulations established by an administrative agency generally have the force of law. Like statutes, the regulations can be reviewed by courts to determine whether they are constitutional. In addition, the courts may invalidate a rule or regulation if it is beyond the scope of powers delegated by the legislature.
4. Case law is created by the judicial branches of governments. Each state creates case law through its state courts. Similarly, federal courts establish federal case law. Case law is usually made after a trial has concluded and one of the parties has appealed the case. This may result in a review of parts of the trial by a higher court - a process called appellate review. When the appellate court publishes its opinion on a case, that opinion may state, and thereby create, new case law.
While courts are the final authority on the interpretation of constitutions and the constitutionality of statutes, rules, and ordinances, they are not the final authority on the content and meaning of such legislation. Legislative bodies can, in effect, nullify a court decision interpreting its statute, ordinance, or rule by abolishing or rewriting the statute or amending the constitution.
Задание 24. Определите, является ли утверждение:
King Solomon was well known for his wisdom.
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The Search for the Truth
How can the truth be discovered? Is there a reliable and safe way to make sure others are telling the truth?
One of the best-known and cleverest solutions was that used by a king in ancient times. According to the story, King Solomon, who was renowned for his wisdom, was once faced with two women both claiming to be the mother of the same baby. He threatened to cut the baby in half in order to settle the disagreement. The truth was revealed instantly when the real mother offered to give up her baby rather than see it die. Of course, interrogators who lack Solomon's legendary wisdom have to rely on other methods to discover the truth.
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The questions remains: is there really a foolproof way of finding the truth? In the past, the basic techniques used to get prisoners to reveal the truth varied. They included physical torture, depriving prisoners of sleep, making them stand for hours with their arms stretched above their heads, and putting them in solitary confinement, a practice which is still employed today.
In modern times the techniques commonly used cause psychological rather than physical suffering. These methods may be effective in making prisoners or suspects talk, but when people are forced to confess, do they always tell the truth? If a prisoner, for example, is made to suffer a lot, it seems obvious that false confessions may be given just to satisfy the interrogator. Obviously, the problem of distinguishing between lies and truth remains.
Perhaps the best-known scientific method relies on the fact that lying causes stress. Stress creates physical symptoms which can be recorded when trying to decide whether a person is telling the truth or not. The device used to record these symptoms is called a lie-detector or polygraph. It is widely used by police and other agencies. It indicates whether the person questioned is being honest as it records changes in the heart rate, blood pressure and other physical factors during questioning.
Most polygraph experts now admit that the method is not perfect: even an innocent person will feel under stress when faced with a serious accusation. As a result, a more accurate technique has been developed. With this technique, the person being questioned is instructed to deny questions like “Before 1990, did you even do anything dishonest?” Since most people would be guilty of this to some extent, the polygraph will show some stress caused by the denial of the truth. For innocent people, this will be the highest stress they show, while a murderer will become even more stressed when denying a question about his or her involvement in the murder.
Recently, it has been shown that people can be trained to trick lie-detecting machines. By biting their tongues or counting backwards, guilty people can make themselves appear under stress when answering innocent questions, and this often makes the results inaccurate. The fact remains, however, that some people make better liars than others. Even clues like body language, tone of voice and eye contact can be controlled by a good deceiver. The basic problem with all methods is that if the person is in control, they can easily mislead their questioners, while if the person is not in control due to pain or drugs, what they say may not be true at all.
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Варианты ответов:
a. истинным
b. ложным
c. в тексте нет информации
Задание 25. Определите, является ли утверждение:
The polygraph is used to detect hidden documents.
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The Search for the Truth
Варианты ответов:
a. истинным
b. ложным
c. в тексте нет информации
Задание 26. Определите, является ли утверждение:
The problem of distinguishing between lies and truth remains.
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The Search for the Truth
Варианты ответов:
a. истинным
b. ложным
c. в тексте нет информации
Задание 27. Определите основную идею текста
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Motorist shoots ‘slow’ pedestrians
Drink-driving and speeding have made Moscow’s roads among Europe’s most dangerous, but now residents face a deadly new threat – armed drivers.
Three pedestrians became the latest victims when a motorist opened fire from his car after complaining that they were walking too slowly on a zebra crossing in the city centre.
Witnesses said that the driver shouted at the pedestrians to get off the road, then pulled out a pistol and shot them when they ignored him. Two were taken to hospital, one with chest wounds and another with injuries to his arm and leg. The driver of the Mitsubishi Galant sped away but police later arrested a 29-year-old Azerbaijani man in connection with the shooting. The incident is the second in two weeks in which people have been shot by motorists in the capital.
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It has raised concern about the escalation of road rage in this congested city, where drivers must routinely endure two-hour traffic jams. Russia’s highways are already dangerous, partly because many drivers can pay a bribe to acquire their licence instead of having to pass a test.
About 35,000 people are killed each year in road accidents, which has prompted President Putin to demand action to reduce the death toll. He reduced the number of official cars permitted to have migalki – flashing blue lights – after they were blamed for several accidents. Other vehicles are obliged to make way for them and police officers are not allowed to stop them, regardless of how fast they are travelling.
Thousands of motorists staged a national protest in support of Oleg Shcherbinsky, a Siberian railway worker, who was jailed after his car was hit by a speeding Mercedes carrying the governor of the region of Altay. It was travelling at more than 90mph when it clipped Mr Shcherbinsky’s Toyota and spun into a tree, killing the Governor. Mr Shcherbinsky was sentenced to four years in jail after a judge said that he should have pulled over when he saw the limousine’s migalki. His conviction was overturned. Unfortunately, there area lot of other examples of violence on the road.
Варианты ответов:
a. A 29-year-old man killed three pedestrians.
b. The president reduced the number of official cars permitted to have migalki.
c. Russia’s roads are the most dangerous in Europe.
d. The governor of the region of Altay died in a car accident.
Задание 28. Выберите реплику, наиболее соответствующую ситуации общения
Counsel for prosecution: I have no further questions, Your Honor.
Judge: ___________
Варианты ответов:
a. O.K. as you wish.
b. That’s all right.
c. The witness may be free. You may call your next witness.
d. Remember, you are under oath.
Задание 29. Выберите реплику, наиболее соответствующую ситуации общения.
Counsel for defence: Objection, Your Honor! That question ought to be taken out.
Judge: ___________
Варианты ответов:
a. Will the defendant please rise.
b. Sustained; rephrase the question.
c. Thank you very much.
d. Don’t bother.
Задание 30. Выберите реплику, наиболее соответствующую ситуации общения
(At the police station) Police officer: Now tell me what’s the matter?
A woman: ___________
Варианты ответов:
a. I’m fine. Thanks for your care about me.
b. I was just passing by.
c. I’m so glad to come here.
d. I was defrauded of $5 000 and I want to file a claim against the insurance agent.
Задание 31. Перед Вами конверт
| The Visa Section (1) British Embassy Fifth Avenue (2) San Antonio, (3) TX 75383 (4) Honorable Henry Addison Circuit Court Judge Los Angeles County Courthouse (5) 57 Qessle High Road Los Angeles, (6) CA 14596 |
Соотнесите информацию под определенным номером на конверте с тем, что она обозначает.
Варианты ответов:
A) addressee B) the ZIP Code in the mailing address
C) the street name in the mailing address D) sender’s company name
E) the ZIP Code in the return address F) the city the letter comes from
Задание 32. Определите, к какому виду правового документа относится представленный ниже отрывок
| I, Andrew Clemence, of York, hereby appoint Mr John Stevens, of Dorset, as my attorney in fact to act in my capacity to do every act that I may legally do through an attorney in fact. This power shall be in full force and effect on the date below written and shall remain in full force and effect until 20th Mai, 2008 or unless specifically extended or rescinded earlier by either party. Dated 14th January, 2008. By: Andrew Clemence COUNTY OF YORKSHIRE BEFORE ME, the undersigned authority, on this 14th day of January, 2008, personally appeared Mr Andrew Clemence to me well known to be the person described in and who signed the Foregoing, and acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein expressed. WITNESS my hand and official seal the date aforesaid. NOTARY PUBLIC |
Варианты ответов:
a. Statute b. Certificate
c. Power of attorney d. Contract
Задание 33. Выберите слова или сочетания слов для заполнения пропусков так, чтобы они отражали особенности оформления уведомления об отзыве доверенности
I, Eleonora Fairly, by (1)_____ dated 16th March, 2007, appointed Mr John Glyde my (2)_____ for the purposes and with powers therein set forth, a copy of which is attached hereto as Exhibit “A”.
Notice is hereby given that I have revoked, and do hereby (3)_____, the above-described power of attorney, and all power and authority thereby given, or intended to be given, to Mr John Glyde.
Dated: 9 January, 2008.
(4)_____: Eleonora Fairly
COUNTY OF DAVONSHIRE
Варианты ответов:
A) Signed B) Written instrument
C) Attorney in fact D) revoke
Задание 34. Расположите части делового письма в правильном порядке
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