Кафедра государственно-правовых дисциплин



Мемлекеттік құқықтық пәндер кафедрасы Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: What is law? The term “law” is used in many senses: we may speak of the laws of physics, mathematics, science, nature, or the laws of football, logic or health. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example of descriptive law is rather consistent law of gravity, another example is the less consistent laws of economics. Other laws are prescriptive – they prescribe how people should or must behave. An example of prescriptive law is traffic regulations. When we speak of the law of the state we use the term “law” in a special and strict sense, and in that sense law may be defined as “a rule of human conduct, imposed upon and enforced among the members of a given state”.In any society, laws have several characteristics. First, laws symbolize norms, values, traditions. Second, laws must be codified in some way, usually through writing. Third, there must exist a method of enforcement: this can include police, social pressure, “magic”, or some other force that enable society to punish or reward its members. And finally, there must be something specific to be enforced: laws are not general, but specific. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст Sources of law Sources of law in its narrow sense means the origins of law, i.e. the binding rules governing human conduct. More generally, it means any premiss of a legal reasoning. Such sources may be international, national, regional or religious. The term "sources of law" also refers to the sovereign or the state from which the law derives its force or validity. In civil law systems, one has only to look at the appropriate code; but in common law systems one needs to look at legislation (primary and secondary) and at the decided cases that comprise judicial precedent. There are many factors of law that have contributed to the development of law and which are regarded as the sources of law.Legal customs, Divine right, Natural and legal rights, human rights, civil rights, and common law are often implied and unwritten sources of law that have been established over decades or centuries. Canon law and other forms of religious law form the basis for law derived from religious practices and doctrines or from sacred texts; this source of law is important where there is a state religion. Historical or judicial precedent and case law can modify or even create a source of law. The ultimate in written laws are the charter, the constitution, and the treaty, much of which form the foundation of modern legal systems. Legislation, rules, and regulations are often the source of laws which are codified and enforced by the legal system. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

1 Переведите текст Roman law The Roman law consists of the law of the Roman Republic and Empire including the Twelve Tables (c. 451–450 BC) and the Corpus Juris Civilis (Body of the Civil Law) of the sixth century BC. The term civil law is usually used specifically to refer to the Corpus Juris Civiliswithin the context of Roman law. The compilation was ordered by Emperor Justinian I and directed by the lawyer Tribonian. The Roman law grew from several sources over a thousand years. These sources were divided into unwritten law and written law. Unwritten law referred to customs in Roman times, although customs were accepted as written law in many places. Written law for the Romans was divided into six categories: imperial laws or constitutions, acts, senate resolutions, resolutions or plebeian statutes, lawyers’ responses or interpretation, magistrates’ edicts. Contradictions in the laws occurred because these numerous sources were neither coordinated nor collected. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Constitutional law. Constitutional law is the body of law, which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Constitutional law is the study of basic laws of nation states and other political organizations. Constitutional lawprovides a legal framework for creating laws, protecting human rights and electing political representatives. The term “Basic law” is used in some places as an alternative to “constitutional law.” Constitution of the Republic of Kazakhstan.We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, committed to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, adopt this Constitution. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Civil law Civil law is a body of rules that defines and protects the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of law such as contracts, torts, property and family law. Civil law is derived from the laws of ancient Rome which used doctrines to develop a code that determined how legal issues would be decided. To explore this concept, consider the following civil law definition. Historically, a civil law is the group of legal ideas and systems ultimately derived from the Codex Justinianus, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Emperor Justinian I ruled ancient Rome from 527 A.D. to 565 A.D. One of his lasting legacies is his rewriting of Roman law in “Corpus Juris Civilis,” (“Body of Civil Law”) which still serves as a basis for modern civil law systems worldwide. The Justinian Code's doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: What is family law? Family lawis an area of law that deals with family-related issues and domestic relations including marriage, divorce, annulment, child custody, adoption, birth, child support, and any other issues affecting families. This branch is unique in that there is not necessarily a person who committed a civil wrong. The family court gets involved with dividing up property and finances after a divorce, establishing child custody, child support, and spousal support among other things. Some newer areas that fall under the family law umbrella are same-sex marriage, artificial conception, surrogate motherhood, in vitro fertilization, and palimony. Family life is never static, but is filled with ups and downs that either enhance or weaken delicate family dynamics. Sometimes, families look forward to upcoming marriages or the adoption of a new child. Other times, families are devastated by loss or the anticipation of an impending divorce. When your family faces difficult times or exciting change it is important to contact a family law lawyer that will take the time to help you explore your options and reach a conclusion that is in the best interest of you and your family. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Criminal law Criminal Law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment. The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text has been discovered: the Code of Ur-Nammu although an earlier code of Urukagina of Lagash ( 2380–2360 BC ) is also known to have existed. Another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco.The criminal law of imperial Rome is collected in Books 47–48 of the Digest. After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from then until the present time.   35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Legal Professions. The English legal profession (and that of a number of Commonwealth countries whose legal system derives directly from the common law) has two categories of qualified lawyer: barristers and solicitors. Generally speaking, solicitors provide a range of legal services to companies, organizations and individuals on wide range of legal issues, in diverse areas of practice. The work of all solicitors may be characterized in terms of problem solving. Solicitors help to find solutions to their client’s problems within the framework of case law, statute and regulations. This skill is a key to the practice of each and every solicitor. The context of such work, however, varies greatly across the vast array of practice areas within the profession, depending on the size and type of firm. Barristers, on the other hand, usually receive instructions from a solicitor. This difference in roles means that clients generally have to go through a solicitor to gain access to a barrister. Barristers are engaged by solicitors on behalf of their clients to provide expert legal opinion or advocacy services. Barristers need to be both legal experts and exceptional advocates. Historically, they have a wider right of audience than solicitors, although solicitors may now qualify for higher rights of audience. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Contract Law. Contract law is a body of law that governs, enforces, and interprets agreements related to an exchange of goods, services, properties, or money. According to contract law, an agreement made between two or more people or business entities, in which there is a promise to do something in return for a gain or advantage, is legally binding. Contract law governs the legality of agreements made between two or more parties when there is an exchange of some sort intended to take place.  An oral contract is a contract, the terms of which have been agreed by spoken communication. This is in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contract – for example where the parties write down what they have agreed – but the contract itself is not a written one.  In general, oral contracts are just as valid as written ones, but some jurisdictions either require a contract to be in writing in certain circumstances (for example where real property is being conveyed), or that a contract be evidenced in writing (although the contract itself may be oral). An example of the latter is the requirement that a contract of guarantee be evidenced in writing, which is found in the Statute of Frauds. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: International Law. International law refers to the collection of laws that are accepted between countries as the laws that will govern the activities that they engage in with one another. International laws are established to deal strictly with issues that would concern countries as a whole, rather than focusing on the rights of the individual citizens that live in those countries. There are two branches of international law: jus gentium and jus inter gentes. Jus gentium is not a statute or legal code, but more of an accepted body of laws that governs the relations between countries. Jus inter gentes, on the other hand, refers to the body of treaties and/or agreements that are mutually acceptable to both countries. A significant portion of international law is referred to as “consent-based governance.” What this means is that a state is not obligated to abide by the law unless it has given its permission to the specific plan of action. However, there are other aspects to international law that are not consent-based, but that still must be followed by the nations. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Criminal psychology The term “criminal psychology” has been defined in a numerous ways. Even today it has no accepted definition. It can be defined as a science, which helps investigative institutions in fulfilling their mission more effectively by applying a psychological knowledge to it. In this field psychologists mainly focus on offenders. They can engage in a number of activities related to investigation, ranging from profile creation process to conduction of psychological testing of people for courts/trials for various crimes. Psychiatrists and psychologists are licensed professionals that can assess both mental and physical states. Profilers look for patterns in behavior to typify the individual(s) behind a crime. A group effort attempts to answer the most common psychological questions: If there is a risk of a sexual predator re-offending if put back in society; if an offender is competent to stand trial; whether or not an offender was sane/insane at the time of the offense. The question of competency to stand trial is a question of an offender’s current state of mind. This assesses the offender’s ability to understand the charges against them, the possible outcomes of being convicted/acquitted of these charges and their ability to assist their attorney with their defense. The question of sanity/insanity or criminal responsibility is an assessment of the offenders state of mind at the time of the crime. This refers to their ability to understand right from wrong and what is against the law. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст: Capital punishment Capital punishment is a legal infliction of the death penalty, in modern law, corporal punishment in its most severe form. The usual alternative to the death penalty is long-term or life imprisonment. The earliest historical records contain evidence of capital punishment. It was mentioned in the Code of Hammurabi. The Bible prescribed death as the penalty for more than 30 different crimes, ranging from murder to fornication. The Draconian Code of ancient Greece imposed capital punishment for every offence. In England, during the reign of William the Conqueror, the death penalty was not used, although the results of interrogation and torture were often fatal. By the end of the 15th century, English law recognised six major crimes: treason, murder, larceny, burglary, rape, and arson. By 1800, more than 200 capital crimes were recognised, and as a result, 1000 or more persons were sentenced to death each year (although most sentences were commuted by royal pardon). In early American colonies the death penalty was commonly authorized for a wide variety of crimes, Blacks, whether slave or free, were threatened with death for many crimes that were punished less severely when committed by whites. Efforts to abolish the death penalty did not gather momentum until the end of the 18th century. In Europe, a short treatise, On Crimes and Punishments, by the Italian jurist Cesare Beccaria, inspired influential thinkers such as the French philosopher Voltaire to oppose torture, flogging, and the death penalty. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Мемлекеттік құқықтық пәндер кафедрасы

Кәсіби бағытталған шет тілі

Билет №____

 

1 Переведите текст : Political System of the USA The United States of America is a federal republic consisting of 50 states. Each state has its own government. In some ways the United States is like 50 small countries. The government of the USA act according to the Constitution which was signed by the first thirteen representatives of thirteen original American states in 1787. The document was written in 1787 and since that time twenty six Amendments have been added. The first ten Amendments were simply rights or the Bill of rights. According to the Constitution the USA is a republic. So, the officials of any rank are elected by US citizens. Every citizen has rights which cannot be violated. The Constitution proclaims a federal system of government which keeps both the states and the federal power from getting too much power. It means that the federal government is given certain powers, for example, to make peace or war, to issue money and to regulate the trade and so on. The federal power is located in Washington, D.C. It is based on legislative, executive and juridical branches of power. The legislative power is vested in Congress, which consists of two houses: the Senate and the House of Representatives, There are 435 members in the House of Representatives and 100 senators in Congress. Each state elects two members for the Senate. 35
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Билетті құрастырған PhD_________________________ Нұрмуханқызы Д.

Кафедра меңгерушісі _________________________С.С.Тинистанова

Кафедра отырысындабекітілген «___» __________ 2017 ж. хаттама № ___

 

Кафедра государственно-правовых дисциплин


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