Методические указания по развитию навыков чтения, перевода и ведения дискуссии по специальности для самостоятельной работы студентов юридического факультета (на материалах профессионально-ориентированных текстов). Часть II

Министерство образования Российской Федерации Ростовский государственный университет Кафедра английского языка гуманитарных факультетов

Методические указания по развитию навыков чтения, перевода и ведения дискуссии по специальности для самостоятельной работы студентов юридического факультета (на материалах профессионально-ориентированных текстов) часть II

Ростов-на-Дону 2002

Методические указания обсуждены на заседании кафедры английского языка гуманитарных факультетов РГУ Протокол № от Составители: Малащенко М.В. Косоногова О.В. Елисеева Н.В.

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Методическая записка Предлагаемые

методические

указания

подготовлены

для

самостоятельной работы студентов юридического факультета, изучающих английский язык на дневном отделении. Материал методических указаний составлен в виде набора лексикограмматических упражнений к профессионально-ориентированным текстам, адаптированным из учебника “Law Today” R.Powell и упражнений на развитие навыков перевода и ведения дискуссии. При составлении пособия авторы руководствовались следующими принципами: 1) предоставить

студентам

возможность

самостоятельно

работать

с

изучаемым материалом с целью последующей аудиторной проверки; 2) предоставить

преподавателям

возможность

обучения

и

контроля

студентов с различным уровнем владения лексико-грамматическими и переводческими навыками; 3) подавать материал с учетом возникновения языковых трудностей. К методическим указаниям прилагается глоссарий.

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Unit 6 Contracts A. Before you read. 1)

2) 3)

Before reading think about the subject in general. 1. What is a contract? 2. What different types of contracts or agreements do people make? 3. Can you think of some essential elements that make an agreement binding in law? 4. If one party is in breach of contract, what can the other party expect from the court decision? 5. Why do you think contract law is especially important international business? Write a list of about 5 – 10 law terms you may find in the text on this subject. Refer to a dictionary or the glossary if necessary. Use the words and phrases in the box to predict what you think the text may be about. What sort of topics and ideas do you think it will contain?

draw up a contract a clause take legal action be in breach of contract make a transaction

make an agreement disprove a claim oblige an offer an acceptance

loss damages suffer claim award

B. Read the text “Contracts” 1) Read the text quickly and try to understand what information is of primary importance or new to you. 2) Pick out ideas or phrases, which you think are most informative or most interesting, from each paragraph. 3) Translate parts of the text, which are of greater interest to you, in writing. Contracts (1) Many people think of a contract as a written agreement between people stating the exact details of promises they have made to each other. For example, when a farm agrees to supply fruit and vegetables to a supermarket, the two businesses will probably draw up a contract containing many clauses about what kind of goods are to be supplied, how often and in what quantities; who is to pay for transport and unpacking; what prices are to be paid, what happens if some of the vegetables arrive in a poor condition and just what is meant by poor condition, and 4

what happens if delivery is made too late for the shop to sell the goods. The contractors will try to think of all the possible circumstances which may arise – even unlikely events such as the vegetables being stolen by a third party while they are being transported. (2) Not all contracts are written. There are many kinds of unwritten agreements between people which the law of most countries describes as contracts. They may continue buying and selling things for years by relying on trust and common sense, and if sometimes there is a disagreement – for example, a supplier fails to deliver goods by the time he said he would – they manage to deal with the problem simply by discussion. However, if the disagreement becomes so serious that they cannot resolve it, they may decide it is necessary to take legal action. One of the most common kinds of legal action is to claim that a contract has existed and that one of them is in breach of contract (has broken the agreement). To win such an action it is necessary to show that the agreement can indeed be described as a contract. (3) There are many everyday transactions which most people never think of as contracts. When you buy a newspaper you simply pick up the paper, pay the price and walk away. But suppose something unusual happens – perhaps, you discover that the newspaper is not today’s but last week’s; or there are some pages missing; or the newspaper seller charges you more money than the price written on the newspaper and tells you this is because his transport costs have increased. You may then start to think about what kind of transaction you made in buying the paper and what your rights are. In fact, the simple purchase of a newspaper can indeed be a contract: without writing anything down, maybe without even speaking, you agreed to buy a certain item from a certain person at a certain price. (4) The problem with unwritten contracts is that it may be very difficult to show evidence of the agreement you made. Can you prove that you bought the newspaper where you did, and not somewhere else? Can you prove how much you paid for it? If the seller claims that you agreed to buy and old newspaper, can you disprove his claim? (5) Of course, problems of evidence can arise even when there is a detailed written agreement. Indeed a court of law may decide that the contract consists not just of the written document you possess but includes things that were said but never written down. The contract may even include things that the contractors understood but never talked about. Sometimes an agreement turns out to be a contract even though the persons who made it did not realize this at the time. And sometimes people make agreements which they think are contracts, but when they try to take legal action the court declares that no contract was ever made. (6) It is therefore important to know just what the law considers a contract to be. In many systems of law there is a written legal code stating exactly what is required to make a contract and what the rights and obligations of contractors are. In case law systems, there is no one code or law defining what a contract is. The law regarding contracts in general is to be found in judgments made by courts and even in legal textbooks. (7) English law textbooks often describe a contract as an agreement which is made between two or more parties and which is binding in law. In order to be binding in 5

law the agreement must include an offer and an acceptance of that offer. The parties must agree to contract on certain terms – that is, they must know what they are agreeing to (but they need not know that their agreement can be described in law as a contract). They must have intended to be legally bound; there would be no contract if, for example, they were just joking when they made the agreement. And valuable consideration must have been given by the person to whom a promise was made. In this case, consideration is a legal word to describe something a person has given, or done, or agreed not to do, when making the contract. (8) When a court is deciding if a contract has been made, it must consider all these elements. In common law countries, the judge will be guided by decisions made in previous cases. If the judge is dealing with a problem which has never arisen before he must make a decision based upon general legal principles, and this decision will become a precedent for other judges in similar cases in the future. The most important principle guiding a judge is whether a reasonable observer of the agreement would decide that it was a contract. (9) One principle of English contract law mentioned above is that there must be offer and acceptance. An advertisement to sell something is not normally considered an offer. If I see an ad in a newspaper offering to sell a car, and I telephone the advertiser and agree to buy it, the seller is not obliged to sell it to me. This is because the law considers that the real offer is when I contract the seller asking to buy the car. The seller may then decide whether to accept or reject my offer. This is the reason a store does not have to sell you goods it displays for sale. (If the seller does accept then one important element of a contract has been made, and if the other elements exist the seller may have an obligation to the buyer.) (10) What is valuable consideration? The principle behind this phrase is that the law will not enforce an empty promise. For example, if a man offers to wash my car for $10 and I accept, but he goes away and never washes it, I will probably not be able to make him keep his promise unless I have already paid the $10. This is because I have given no consideration: I have not done anything or lost anything because of his offer. However, even if I haven’t paid, I may still have given some kind of valuable consideration. For example, perhaps I left the car at home because of his offer to wash it and took a taxi to work. In this case a court might consider that there was an enforceable contract. As a result, I would be able to compel the man either to wash the car or to pay me the taxi fare I had spent. (11) One very important form of consideration is an agreement not to sue someone. For example, my neighbor makes so much noise that I cannot sleep at night. I have the right to take legal action against her but I agree not to do so because she offers to take my mother on vacation to Hawaii. If she then fails to take my mother to Hawaii she is breaking a contract with me and I could choose to take action against her but I agree not to do so because she offers to take my mother on vacation to Hawaii. If she then fails to take my mother to Hawaii she is breaking a contract with me and I could choose to take action against her either for breach of contract, or for the original tort. In making my choice I would consider which action would be of most benefit to me. 6

(12) Most systems of law have similar requirements about offer and acceptance, legal intention, and consideration. They also consider the capacity of the contractors; that is, whether they were legally entitled to contract. In English law there are some special rules if one of the contracts is a company, rather than an individual under the age of 18, or insane. Legal systems have rules for interpreting contracts in which one or more contractors made a mistake or was pressured or tricked into making an agreement, and rules for dealing with illegal contracts. (13) Once a court decides that there has been breach of contract, it must then judge how the party in breach must compensate the other party. The court must be satisfied that there was a contract, that one party is in breach, and that the other party has suffered some loss because of the breach. In addition to financial loss a plaintiff sometimes tries to claim damages for mental distress caused by the breach of contract. (14) In deciding just how much in damages to award, English and American courts try to put the plaintiff into the same financial position that he would have been in if the defendant had carried out the contract properly. For example, in the example of a man offering to wash my car and then failing to do so, the court would note that if the contract had been performed I would have a clean car and would not have spent money on a taxi fare. On the other hand I would not have the $10 I agreed to pay the man, nor the value of the gas I would have used in driving my car that day. (15) Instead of damages, a plaintiff sometimes ask the court to force the other contractor to carry out the contract. In English law this is called specific performance. The court will not agree to do this if it causes hardship to the defendant, however, or if is no longer possible or practical to carry out the contract. Sometimes the court decides to award damages instead of specific performance, and sometimes it awards both. A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract. (16) Contract law is a central part of legal systems all over the world. It is especially important in international business, where the parties try to specify all the parts of their agreement in a clear written contract so that differences of law and custom between their countries can be avoided. It is sometimes said that some societies are much more “contractual” than others. For example, in the United States people are accustomed to signing written contracts connected with life. On the other hand, Japanese people rarely even sign contracts of employment when they take a new job, believing that custom and social obligation will be enough to resolve any differences. C. Vocabulary notes Read and memorize the active vocabulary to the text and translate the given sentences. (1)

state v – 1) устанавливать; 2) формулировать This condition was expressly stated in the contract 7

clause n – статья, пункт, клаузула (в договоре), постановляющая часть закона. A clause of written contract contains a term or provision of contract. deliver v – 1) доставлять; 2) поставлять delivery n – доставка, поставка Delivery at door is very popular in the US. circumstances n – обстоятельства, условия Circumstances alter cases. (2) claim v – 1) требовать; 2) заявлять права на ч.-л. 3) возбуждать иск о возмещении убытков He claims to be the only applicant to the office breach n – нарушение (закона, обязательства) The agreement was terminated even if the breach was minor. (3) purchase – покупка, закупка Since 1999 purchase tax has been increased by 2,5 % (6) require – 1) приказывать, требовать, нуждаться в ч.-л., требовать ч.-л. This contract requires to be revised in comparable prices. regard v – 1) рассматривать, считать; 2) касаться, иметь отношение As regards this contract, I dare say it’s not worth drawing it up. (7) bind v (bound) – 1) ограничивать; 2) обязывать A promise given under compulsion is not binding. offer n – 1) предложение; 2) предложение цены, оферт An offer must be distinguished from an invitation to treat, which is an invitation to others to make offers. acceptance n – принятие, прием, акцепт Acceptance may be either express or inferred from the offeree’s conduct valuable consideration – корыстный интерес Valuable consideration need not constitute a realistic price for the promise it buys. (9) advertisement n – объявление, реклама She has recently put a sales advertisement in a local newspaper. oblige v – 1) обязывать, присуждать, The law obliges parents to send their children to school 8

(10) enforce v – 1) взыскивать; 2) приводить в исполнение; 3) обеспечивать санкцией enforceable a – 1) обеспеченный правовой санкцией; 2) имеющий исковую силу (12) capacity n – правоспособность Capacity means competence to enter into a legally binding agreement. entitle v – давать право; управомачивать; to be entitled to sth – иметь правомочия на ч.-либо He entitled me to speak for him. (14) award v, n – выносить решение; присуждение санкций By law any award can be the subject of an appeal to a higher court. (15) specific performance – исполнение обязательства в натуре A court order to a person to fulfill his obligations under a contract is specific performance. D. After you have read.

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1) Pick out from the text all the word combinations with the following words (terms) and give their Russian equivalents. promises evidence draw up be binding in pay valuable consideration delivery offer rely on carry out legal action

2) Find in the text the English equivalents for the following phrases. поставлять товары; уладить проблему; - на определенных условиях; нарушать соглашение; - выставлять на продажу; выиграть дело; - иметь обязательства перед; повседневные сделки; - правовое намерение; расходы на транспортировку; - правоспособность опровергнуть утверждение; договаривающихся сторон; права и обязанности - нести потери; договаривающихся сторон; - требовать возмещения ущерба; решение суда; - присуждать выплату ущерба.

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3) Translate the sentences from Russian into English 1. Контракт – это письменное соглашение между людьми, в котором излагаются точные детали обещаний, сделанных ими друг другу. 2. Фирмы заключают контракт, в котором содержится много пунктов относительно видов поставляемых товаров. 3. Что произойдет, если поставка будет задержана и магазину не удастся продавать товар? 4. Если поставщик не в состоянии осуществить доставку товара в обещанное им время, потерпевшая сторона может предъявить иск. 5. Необходимо доказать, что подобное соглашение можно в самом деле рассматривать как контракт. 6. Ничего не написав и, может быть, даже не обсудив устно, вы соглашаетесь купить определенный товар у определенного лица по определенной цене. 7. Проблемы доказывания могут возникнуть даже тогда, когда существует конкретное письменное соглашение 8. Контракт может даже включать то, что договаривающиеся стороны подразумевали, но не обсуждали устно. 9. Стороны обязаны соглашаться на контракт на определенных условиях, то есть они должны знать, на что они соглашаются. 10. Истец может запросить суд присудить судебный запрет ответчику, то есть приказать ответчику не предпринимать что-либо в нарушение контракта. E. Revision 1) Fill in every missing notional word. 1. Contracts state the exact details of … people have … to each other. 2. The contractors will try to … of all the possible … which may arise – even … events. 3. If the disagreement becomes so … that they cannot … it, they may … it necessary to take … action. 4. Sometimes people … agreements which they think are … , but when they try to … legal … the court … that no contract was ever … . 5. The parties must … to contract on … term – that is they must … what they are agreeing to (but they … not know that their … can be described in … as a contract). 6. The most … principle guiding a … is whether a … observer of the agreement would decide that it is a … . a) b) c) d) e)

2) Match the words on the left with the words on the right. award 1) hardship cause 2) contract sigh 3) differences claim 4) damages resolve 5) injunction 10

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3) Explain the meaning of the following words and expressions. the capacity of the contractors; - reasonable observer; mental distress; - give valuable consideration; financial loss; - rely on common sense; be binding in law; - fail to deliver goods.

F. Discussion X invites Y to dine out and rents a car to take her to the restaurant. When he arrives at her house he finds she is out. Later X discovers that Y had changed her mind when another boyfriend invited her out. Consider whether, under English law, X or Y might be in breach of contract and what compensations might be demanded.

UNIT 7 Land Law A. Before you read. 1) Before reading think about the subject in general. 1. What is land? Can we refer “land” only to a piece of ground? 2. Do you know the difference between real estate and personal estate. 3. Why do people all over the world think of land as the most important form of property? 4. Why is land law often old and complex? 2) Write a list of about 5 – 10 law terms you may find in the text on this subject. Refer to a dictionary or the glossary if necessary. 3) Use the words and phrases in the box to predict what you think the subject may be about. What sort of topics and ideas do you think it will contain? real extate rent lease (hold) personal estate title mortgage owner heir landlord tenant freehold license B. Read the text “Land Law”. 1) Read the text quickly and try to understand what information is of primary importance or new to you. 2) Pick out ideas or phrases, which you think are most informative or most interesting from each paragraph. 3) Translate parts of the text which are of greatest interest for you, in writing. Land law In most legal systems a distinction is made between land and other kinds of property. Sometimes land is called real estate in contrast to personal estate or 11

immovable assets in contrast to movable assets such as furniture and vehicles. In this chapter "land" refers not only to a piece of ground, but to any buildings upon it. All over the world people think of land as the most important form of property. A subsistence farmer in a developing country needs a secure right to use a piece of land in order to grow food for his family. A city dweller needs shelter from cold and heat and theft. Many people spend all their working lives paying instalments on 'a house or apartment so that they will own the place in which they live when they stop work and will have something of value to pass on to their children. Of course, it is business property—shops, factories, offices, hotels—that is the most valuable land of all. In 1993, just one square meter of commercial land in Hong Kong was valued at around $20. Land is not just a site for dwellings or workplaces, but a commodity which can be sold, rented out or used as security in order to borrow money which can be used to buy shares or to buy other pieces of land. Complexity It is not surprising that the law regulating such a valuable form of property tends to be very complex and have a long history. When transferring land both the old and new owners want to be very clear about exactly what has been transferred. Is the house you want to spend all your savings on in a good condition? Do you have the right to use the small piece of ground at the back of the house? If the fence between your house and the next one falls down, who is responsible for it? Are there plans to build a new road right next door, and did the seller know about these plans? Can you even be sure that the seller is the true owner of the land and entitled to sell it to you? A person renting land (a tenant) will also want to know exactly what his rights and responsibilities are, especially if he is planning to live on that land for a long time or wants to be able to sell the right to rent the land to another person. How long can he use the property? Can the owner increase the rent or make him leave? Who must pay for repairs—the owner or the tenant? As well as being complex, some systems of land law are rather old and include procedures and language which seem mysterious to non-lawyers. In part, this is because governments are often reluctant to change the laws relating to land: changes require detailed revisions of detailed laws, and landowners may be alarmed by new rules relating to the most precious possession. Having had less political change than most countries, England still uses many land laws which originated hundred of years ago. Some landowners can produce written records which show how their land has passed through dozens of owners over the years through gifts or sales (although to prove title—that he is the legal owner of the land—the landholder only has to show that he or previous owner held the land legally for a certain number of years.) Even in France and the United States, where political revolutions led to the re-writing the legal system, some people can show a right to land which originated in a family ancestor long before the revolution. Estate in English law In 1925, several laws were passed in England in an attempt to simplify the system of holding and transferring land. These laws recognised two estates in land. An estate is a right to possess land for a definite period оf time, and the two estates recognized are (i) “fee simple absolute in possession” and (ii) “term of years absolute.” The first 12

means that the landholder owns the land throughout his life unless he sells or gives it to someone else. Eventually, this land will pass to his heirs (people entitled to the property of someone after he dies: see previous chapter). The second is a right to hold land for a certain fixed period, after which the land returns to the holder of the estate "absolute in possession." We often call the first estate a freehold and the second a leasehold, or lease. All land is ultimately held by a freeholder, but sometimes it is the freeholder who is using the land, and sometimes it is a leaseholder. In England a majority of people living in houses own the freehold, but people living in apartments usually own a lease. When they buy an apartment they will want to buy as long a lease as possible from the freeholder—for example, 99 years. Often the leaseholder (or lessee) has the right to sell his lease to someone else, but of course he can only sell the right to use the land for the number of years remaining on the lease. Until the lease ends, he has the right to possess the land exclusively: even the freeholder has no right to enter the land without the leaseholder's permission. However, the contract he signed with the freeholder will require him to fulfil certain obligations, such as paying rent (ground rent) and keeping buildings in a good condition. The obligations, or covenants, which the leaseholder and freeholder owe to each other can be very complicated. For example, they must decide who is to pay if expensive repairs need to be done. Even a 99 year lease could be ended (forfeited) if the lessee breaks an important agreement such as rent payment. It seems likely that the leasehold system for owning an apartment will be changed in the near future. In other countries which inherited the English system of law, apartment owners usually hold a commonhold—a share in the freehold of the land on which the whole apartment building stands. This system is similar to the way apartments are owned in continental-law countries and enables an owner to sell his apartment without the worry that his lease is too short. Legal interests As well as these two estates, or ways of holding your land, English law since 1925 has recognized four legal interests over land held by someone else. The first is an easement, such as a neighbor's right to use a footpath over your land, or your right not to have buildings or trees on your land that block light to his windows. The second is a rentcharge—someone's right to charge a landholder a periodical sum of money. The third is a legal mortgage—an interest in property given as a form of security to someone who has lent the landholder money. If the money is repaid the interest ends. However, if the landholder fails to pay his debt by a certain time, the money-lender, or mortgagee, may have the right to take the property from the borrower, or mortgagor. Mortgages are very important in land law because when most people buy an initial house or apartment they have to borrow a lot of money from a mortgagee such as a bank or a building society. The last legal interest is a right of entry. The right of a freeholder to enter a lessee's property if he fails to pay rent is an example of a right of entry. Land transfer Someone who buys land needs to know exactly what rights and obligations are attached to the land. Although it is possible to deal directly with the seller, most people employ a solicitor to handle the complicated business of land transfer, known as conveyancing. In fact, even after the simplifications of 1925, which reduced the 13

system to two kinds of legal estate and four kinds of legal interest, there still exist many kinds of "equitable" interest (see previous chapter), which the buyer and seller need to know about. For example, even if the freehold you want to buy is registered in the name of only one person, you should make sure the spouse of the freeholder does not have the right to continue living in the property after it has been sold! When investigating the rights attached to land, solicitors used to examine title deeds—documents recording transfers of the property over many years. In Britain there is now a land registry which makes investigation of title easier because it is a central register describing the land, (the landholder, and third party rights. However, not all land in Britain has yet been recorded on the register, and there are some land rights which need not be recorded there. Even if land has been registered, the solicitor still has many things to check, such as possible plans of the local council to build noisy roads near the house. Any mistakes he makes could cost the buyer a lot of money. Conveyancing is one of the areas in which solicitors sometimes get sued by clients. Short-term possession Another important area of land law concerns types of possession for shorter and less secure terms than freeholds and leases—for example, where a person living in property pays money to a landlord every week in return for permission to live there. The landlord is usually the freeholder or the leaseholder of the property, but sometimes he himself (is paying rent to someone else. Sometimes it is not easy to decide whether a tenancy is a lease or only a license. Generally, a licensee does not have as much security as a lessee. For example, if he fails to pay the rent, his landlord may be able to repossess the property more easily and more quickly than a freeholder can get his land back from a leaseholder. However, many legal systems have laws to protect such land-users. In Britain, for example, the Landlord and Tenant Act requires landlords to give certain periods of warning to tenants if they want to repossess their property, and it provides means for tenants to negotiate a reasonable period of time in which to pay rent. Under the 1988 Housing Act, there are Rent Tribunals which sometimes have the power to reduce rents which they consider too high. There are also special laws concerning tenants who rent land in order to run a business. Usually, however, there is greater protection for someone who rents land to live on. Regulation of private and public land As well as laws to regulate relations between tenants and landlords of land, or between purchasers and vendors, there is a large amount of law regulating our usage of the land we own or occupy. There is an old saying: "An Englishman's home is his castle"—no matter how many laws control our life in society, we are free to live on and use our private land as we wish. But in England, as in every country in the world, such freedom is limited. If we make too much noise, or pollute our neighbor's air, we may face an action in the tort of nuisance (mentioned in Chapter 8). If we want to build something or extend an existing building, we may need planning permission from the local authority. Indeed, there are cases of a local council forcing someone to pull down a new building or extension because it did not comply with regulations about size, height, design or building materials. When buying a house, the purchaser needs to be especially careful that there are no new constructions which were built without permission. 14

Most countries have regulations about using land for business purposes. In England, for example, a private house cannot be turned into a store without permission, and the local authorities will only give permission if they think the community needs such a store and that this business will not disturb the neighbors. In Japan, each local area is divided into zones, some just for residential housing, some just for industry, some allowing certain kinds of businesses, schools, or light industry. There is also a large area of law concerned with publically owned land— for example, highways, pavements, parks. The owner of such land may be the state or a local government authority. In many cases, the land laws appropriate to individuals are also appropriate in dealings involving public land; however, in addition, there is a large body of national legislation, and local legislation (in England called bylaws) to regulate the use of such land. For example, a town council may own land that it sets aside as a place for parking. There will be bylaws about how long you can park there and how much it costs. Many governments designate certain areas of natural beauty as national parks. Sometimes the land is owned by the state and sometimes it continues to be privately owned, but the occupants have to obey strict rules about their use of the land. Many old houses, parks, footpaths and coastal areas in Britain are owned by the National Trust and National Trust for Scotland – large, charitable organizations. C. Vocabulary notes. Read and memorize the active vocabulary to the text and translate the given sentences (1)

estate n

- 1) имущество 2) имущественное право

personal estate (movable assets)

- движимое имущество

real estate (immovable assets)

- недвижимое имущество Mr Smith left all his real and personal estate to his son

(2)

installment n

- очередной взнос в частичное погашение требуемой суммы As usual people pay installments on a house or apartment monthly

(3)

security n

- зд. гарантия, залог A security is an object given to assure the fulfillment of an obligation

(4)

tenant n

- наниматель жилья, арендатор A tenant is a person who pays rent to occupy another’s property

landowner n

- землевладелец A landowner is a person who owns property and rents or leases to another 15

(5)

(6)

title

n

- право собственности, титул

Title deeds

- правовой документ, устанавливающий титул на землю In law a title is the evidence giving legal right of possession or control of something.

“fee simple absolute in possession”

Абсолютное ограничений

право

наследования

без

years Право владения в течение определенного срока

“term of absolute”

(7)

владение

heir n

наследник Mr. Smith had two heirs of the blood who inherited his property and title

freehold n

- право собственности на землю или собственность; фригольд

leasehold

n

- соглашение; договор A covenant is a formal, binding agreement

covenant forfeit

- пользование на правах аренды; аренда A leasehold is a right to hold land for a certain fixed period, after which the land returns to the holder of the estate “absolute in possession”.

v

лишаться прав, имущества To forfeit means to lose or give up the right to buy some offence or error

commonhold

совместное владение в долях A commonhold is a share in the freehold of the land.

legal interest

процент (на капитал), установленный законом; право (вещное) In England there are four legal interests over land held by someone else

easement

Право прохода, проведения коммуникаций и т.д. на чужой земле; сервитут

n

rent-charge n

Право выплаты арендной платы

legal mortgage

- заклад

a right of entry

- право вступления во владение An easement, a rent change, a legal mortgage and a right of entry are four legal interests over land held by someone one else 16

- залогодержатель A mortgagee is a person who lends the landholder money by means of a mortgage

a mortgagee

a mortgagor

(10) conveyancing

(12) license

n

n

arrears (15) bylaw

n

n n

- закладчик, должник по закладной If the mortgagor fails to pay his debt by a certain time, the mortgagee has the right to take the property of the mortgagor -оформление нотариальных актов о передаче имущества. Conveyancing is a business of land transfer effecting by the documents. - право на передачу собственности в аренду A license is the right to rent the property out. задолженность; долги Rent arrears are payments over due rent Постановление местных властей Bylaws are regulations, passed by the Local authorities.

D. After you have read

-

1) Pick out from the text all the word combinations with the following words (terms) and give their Russian equivalents - interest estate - rent land - permission possession - own right - private legal property 2) Find in the text the English equivalents to the following phrases движимое имущество; недвижимое имущество; закон, регулирующий формы собственности; имущественное право на землю абсолютное право без ограничений право владения в течение определенного срока право собственности владения землей, фригольд пользование на правах аренды составление нотариальных актов и передача имущества; область права, регулирующая государственное право собственности на землю постановление местных властей 17

3) Translate the sentences from Russian into English 1. Земля является самой важной формой собственности. 2. Земля это не просто участок земли; это товар, который может быть продан, сдан в аренду и использован в качестве гарантии при предоставлении займа. 3. Закон, регулирующий форму земельной собственности является сложным и имеет большую историю. В Англии до сих пор используются земельные законы, которые были созданы сотни лет назад. 4. В 1925 году в Англии был принят ряд земельных законов, для того, чтобы упростить порядок владения и передачи земли. Эти законы предполагают две формы имущественного права на землю. 5. Имущественное право на землю – это право владения землей в течение определенного законом времени, и две формы земельного права определены как: 1) абсолютное право владения без ограничения и 2) право владения землей в течение определенного срока 6. Абсолютное право владения без ограничения означает, что владелец земли владеет землей пожизненно до того момента, пока он ее не продаст или не передаст другому лицу. Право владения в течение определенного срока означает право обладать землей только в течение конкретно обозначенного периода времени, по истечении которого земля возвращается к владельцу, имеющему абсолютное право владения без ограничения. 7. Лицу, покупающему землю, необходимо точно знать, какие права и обязательства прилагаются к этой земле. Многие покупатели земельных участков нанимают солиситоров для составления нотариальных актов о передаче имущества. 8. Если даже земля зарегистрирована в регистрационной земельной палате, солистор обязан проверить, например, не собираются ли местные власти начать строительство оживленных трасс рядом с домом, и т.д. 9. Во многих странах имеются законы, регулирующие использование земли в деловых целях. В Англии, например, жилой дом не может быть превращен в магазин без разрешения местных властей. 10. Существует большая область права, рассматривающая государственное право собственности на землю, например, на автотрассы, парки и т.д. В дополнение к земельному праву, существует большое количество государственных законов и постановлений местных властей, регулирующих использование земли такого рода. 18

E. Revision 1) Fill in every missing national word. 1. In most legal systems a distinction is … between land and other kinds of … . Sometimes land is called real … in contrast to personal estate or immovable … in contrast to movable assets such as … and vehicles. 2. Some systems of land law are rather … and include procedures and language which seem mysterious to … . In part, this is because governments are often … to change the laws relating to land: … require detailed revisions of detailed …, and landowners may be alarmed by new … relating to their most precious assets England still uses many … laws which originated hundreds of … ago. 3. Some landowners can produce written … which show how their land has passed through dozens of … over the years through gifts or sales (although to prove … - that he is the legal owner of the land the … only has to show that he or previous owners … the land legally for a certain number of … ). 4. Most people employ a solicitor to … the complicated business of land transfer, known as … .In English law there still exist many … of “requitable” interest which the buyer and seller .. to know about. For example, even if the freehold you want to … is registered in the name of only one …, you should make sure the spouse of the … doesn’t have the right to continue living in the property after is has been … . 5. When investigating the rights attached to land, … used to examine title deeds … recording transfers of the property over many … . In Britain there is now a land registry which makes … of title easier because it is a central … describing the land, the landholder, and third … rights. 2) Match the verbs on the left with the nouns on the right. a) b) c) d) e) -

to employ to regulate to transfer to pay to repossess

1) 2) 3) 4) 5)

rent land property a solicitor regulations between tenants and landlords

3) Explain the meaning of the following words and expressions: - easement; to pay installments on a house; - rent-change; to pass property to heirs; - legal mortgage; to rent land - right of entry; a tenant - conveyancing; freehold; - bylaw. leasehold;

F. Discussion “Landlords should have as much freedom in setting rents as shopkeepers have in setting prices”. Write a paragraph containing two arguments for and two against this statement. Then discuss your answer with other students. 19

UNIT 8 TRUSTS A. Before you read. 1) Before reading think about the subject in general. 1. What is trust? 2. Do you know what the trust property is? 3. How many trustees may a trust have? 4. What different types of trusts do you know? 5. What is the difference between a trust and a contract? 2) Write a list of about 5-10 law terms you may find in the text on this subject. Refer to a dictionary or the glossary if necessary. 3) Use the words and phrases in the box to predict what you think the subject may be about. What sort of topics and ideas do you think it will contain? trust trustee beneficiary trust corporation B.

express trust settler constructive trust debt

implied trust executor donor tax

Read the text “Trusts”. 1) Read the text quickly and try to understand what information is of primary importance or new to you. 2) Pick out ideas or phrases, which you think are most informative or most interesting, from each paragraph. 3) Translate parts of the text, which are of greatest interest for you, in writing.

G. Trusts (1) A trust is an agreement whereby property is held and controlled by someone on behalf of someone else. A common example of this is where someone dies and leaves money for grandchildren who are too young to deal with it themselves. The money will be held in the name of trustees – for example, the children’s parents. They will be the legal owners of the money and will have the power to invest and make other decisions about it. But they are required to act only in the interests of the children, known as the beneficiaries of the trust, and they must not make any personal profit. (2) The concept of a trust is a creation of the law of equity. It is thus unique to common law countries such as the United States and most of the Commonwealth, although many countries, such as Japan have statutes which effectively impose trusts in certain cases. Even though the common law and equitable systems have long been merged, we still talk about the beneficiaries of a trust having an “equitable” interest in the property, the trustees – a “legal” interest. 20

In addition, the original intention of equity still survives: to limit the powers of those who have legal rights but owe special responsibilities to others. (3) Some trusts are known as express trusts, having been intentionally created by someone with property to transfer (a settlor). The example in the opening paragraph is an express private trust. Other trusts are implied – the law presumes that the settlor intended to create a trust even though he did not expressly say so. In all of these cases, the person appointed to be trustee has a choice whether or not to accept the appointment when the trust is created. But some trusts are constructive: the law imposes a trust and obliges the legal owner of property to consider the beneficial interest of another person. A common example of this is when the seller of a house is obliged to give a proportion of the proceeds to a former spouse who once lived there with him. Directors of companies and solicitors are often in the position of a constructive trustee regarding property under their control. (4) Trusts can be enforced by a third party, the beneficiary. In addition, it is not necessary for the beneficiary to have given any consideration. If the trustee fails to do his duty he may be liable in an action for breach of trust. This may result in an injunction, or even a personal action against him, for example, to gain property which has been misappropriated. (5) A trust may have a single trustee or several. It may also have several beneficiaries. Sometimes trustees are also beneficiaries under the trust. A trust may also be administered by a trust corporation, as in the case of public charities (see below). (6) Trust law is also relevant to the administration of property when someone dies. Under Anglo-American law the dead person’s property passes immediately to administrators (called executors if the dead person left a will). Administrators and executors are not technically trustees since their powers and duties are defined in statute (for example, the Administration of Estates Act in England). However, since they become the legal owners of the dead person’s property and hold it on trust until they have paid debts and taxes and can pass it on to those entitled to inherit, their position is very similar to that of a trustee. (7) When creating an express private trust, the settlor creates rights and obligations that may survive his death. Certain conditions must therefore be met if the trust is to be valid in law. In English law, for example, there must be certainty that a trust is being created, what the trust property is, and who the beneficiaries are. When a husband left property to his widow to use “in any way she thinks best for the benefit of herself and her family,” it was held that there was no certainty he had intended to create a trust, and so she was free to use the property as she wanted (Lambe vs. Eames, 1871). On the other hand, when Mr. Constance opened a bank account in his own name but made arrangements for his lover to draw money from it, this was certain enough evidence of her rights as a beneficiary (Paul vs. Constance, 1977). When someone’s will declared a trust over “the bulk (greater part) of my estate,” it was held there could be no trust since no one could say how much property should be in the trust (Palmer vs. Simonds, 1854). A trust for the benefit of a firm’s employees, former employees, and their relatives was held to be 21

certain enough even though the number of beneficiaries might be very large (Re. Baden, 1973). One of the judges in this case suggested that a trust for the benefit of “the residents of London,” would not be valid, however, although it is certain who the beneficiaries are to be, the number would be so great the trust could not be administered. (8) When creating an express public (charitable) trust, it is not necessary to be so certain about the beneficiaries. It is enough if the person giving the property (the donor) has shown a clear intention to benefit charity. In many countries charities can claim tax exemptions and so governments have clear rules about what may be considered a charity. In Japan, for example, over two hundred thousand new religious groups are registered as exempt from income tax having satisfied certain requirements under the civil code, such as the practice of “religious activities and possession of specific beliefs.” In English law, in order to be considered a charity, an organization must work for one of four purposes: the relief of poverty, the advancement of religion, the advancement of education, or the benefit of the community. The last category is very vague. Trusts for the welfare of animals, for orphans, and for the fire brigade have been allowed under this category, but a trust to look after a specific animal would not be allowed. C. Vocabulary notes. Read and memorize the active vocabulary to the text and translate the given sentences. (1) trust – n – доверие; обязательство; доверительная собственность; опека; трест. He had a company on trust. trust – v – доверять; полагать; вверять; поручать попечению. He was trusted with a company. trustee – n – попечитель; опекун; доверительный собственник. Trustees must act only in the interests of beneficiaries. beneficiary – n – лицо, в интересах которого осуществляется доверительная собственность; бенефициарий; выгодоприобретатель. A trust may have a single beneficiary or several. (3) express trust – специально оговоренный договор доверительной собственности. implied trust – доверительная собственность в силу закона. constructive trust – специально не оговоренный договор, но могущий быть истолкованный как таковой. There may be different types of trusts: express trusts, implied trusts or (and) constructive trusts. settlor – n – лицо, совершающее акт распоряжения имуществом в пользу кого-либо. To be valid in English law a trust must be in operation before the settlor dies. 22

(4) injunction – n – судебный запрет. In law, an injunction is a court order requiring the party to do or to refrain from some specified action. breach – n – нарушение закона, обязательства. If there has been a breach of contract, the party in breach must compensate the other party. liable – adj – обязанный; ответственный (for). The party in breach is liable to compensate the other party. (6) executor – n – душеприказчик; судебный исполнитель. The executor is the person appointed to carry out the reading and execution of a will. debt – n – долг, задолженность; кредит; заем. A debt is that which someone owes, as money, services or goods. It is also an obligation to pay or render something to another. (7) benefit – n – выгода; польза; привилегия. A trust for the benefit of a firm’s employees may have a great number of beneficiaries. (8) charity – n – благотворительность; благотворительная организация. Charity is money or help given to aid the needy. A charity is an organization, fund or institution whose purpose is to aid those in need. donor – n – даритель; лицо, предоставляющее право. A donor is the one who gives, donates, or contributes. tax – n – налог. A tax is a payment imposed and collected from individuals or businesses by the government. tax exemption – освобождение от налога. Mothers in single parent families are to claim exemption for their dependents. D. After you have read. 1) Pick out from the text all the word combinations with the following words (terms) and give their Russian equivalents. - duty - trust - owner - power - benefit - property - tax - interest - trustee - beneficiary 2) -

Find in the text the English equivalents to the following phrases. владеть собственностью от имени другого лица; действовать в интересах другого лица; иметь личную выгоду; иметь обязательства перед кем-либо; передавать собственность; 23

3)

обязывать владельца собственности по закону; собственность, которая была незаконно присвоена; управление собственностью умершего; иметь юридическую силу; быть признанным как благотворительное общество; заявлять право на освобождение от налога; на благо общества.

Translate the sentences from Russian into English. 1. Договор доверительной собственности - это соглашение, по которому лицо владеет собственностью другого лица от его имени. 2. Доверительные собственники являются законными владельцами собственности и могут принимать любые решения, касающиеся этой собственности. 3. Однако доверительные собственники обязаны действовать в интересах выгодоприобретателя и не иметь личной выгоды. 4. Так как понятие доверительной собственности основывается на праве справедливости, целью является ограничение законных прав попечителей в пользу выгодоприобретателей. 5. Существует специально оговоренная доверительная собственность и доверительная собственность в силу закона. 6. В случае доверительной собственности в силу закона, лицо, назначенное опекуном (попечителем), имеет право принять или отказаться от назначения его опекуном. 7. Некоторые формы доверительной собственности по закону являются обязательными: закон обязывает владельца собственности по закону учитывать интересы другого лица. 8. Если доверительный собственник не выполняет свои обязанности, он может быть привлечен к судебной ответственности за нарушение договора доверительной собственности. 9. Договор доверительной собственности может предусматривать наличие одного или нескольких доверительных собственников, а также одного или нескольких выгодоприобретателей. 10. Согласно английскому праву, для того, чтобы доверительная собственность имела законную силу, должны быть соблюдены определенные условия. Например, должно быть определено, что является доверительной собственностью, и кто является выгодоприобретателем.

E. Revision. 1) Fill in every missing notional word. 1. A trust is an agreement whereby … is held and controlled by someone on … of someone else. The money will be held in the name of … – for example, the children’s parents. 24

2. The concern of a trust is a creation of the law of … . It is thus unique to common law … as the United States and most of the Commonwealth, although many countries, such as Japan have … which effectively impose trusts in certain … . 3. Some trusts are known as express …, having been intentionally created by someone with … to transfer (a settlor). Other trusts are intended to create a trust even though he did not … say so. In all these cases, the person … to be trustee has a choice whether or not to accept the … when the trust is created. 4. Trust law is relevant to the … of the property when someone dies. Under AngloAmerican law the dead person’s … passes immediately to administrators called … if the dead person left a … . Administrators and executors are not technically trustees since their … and duties are defined in statute. 5. When creating an express private trust, the … creates an express private trust, the … creates rights and obligations that may serve his … . Certain conditions must therefore be met if the trust is to be … in law. In English law there must be certainty that a trust is being … , what the trust property is, and who the … are. 6. When creating an express public (charitable) trust, it is … to be certain about the beneficiaries. It is enough if the person … the property (the donor) has shown a clear intention to … charity. In many countries charities can claim … exemptions and so governments have clear rules about what may be … a charity. In English law, in order to be considered a …, an organization must work for one of four … : the relief of poverty, the advancement of religion, the … of education, or the benefit of the community. 2)

Match the verbs on the left with the nouns of the right. to transfer a trustee to impose a trust to oblige the legal owner of the property to benefit charity to appoint Property

3) -

Explain the meaning of the following words and expressions. to act in the interest of the beneficiaries; property; benefit; to transfer property; to create a trust; trust property; to be valid in law; charity; to benefit charity; to claim tax exemptions.

F. Discussion. “Religious groups should not be exempt from tax”. Write a paragraph containing two arguments for and two against this statement. Then discuss your opinion with other students. 25

Glossary A Abuse Abuse Accident Act Action Accuse Accused Accusation Advice Advise Adviser Advocate Advocacy Allegation Allege Appeal Appeal Appellant Appoint Argue Assent Assent Attorney

v to make a wrong use of… n wrong use. n any unpleasant or unfortunate occurrence that causes injury, loss, suffering or death. n statute, a formal record of sth done of transacted. n proceeding taken in a court of law; also case, suit; lawsuit. v to charge with an offence, crime; to blame. n a person charged with an offence, the defendant in a criminal case. n charge of wrongdoing; allegation. n opinion given about what to do or how to behave. v (sb) against sth/doing sth; sb (on sth) give advice to sb; recommend. n a person who gives advice, esp. sb who is regularly consulted. n 1. a person who defends or supports a cause or proposal 2. a professional pleader before tribunal or court. n 1. active support or pleading. 2. the function of an advocate. n act of alleging; statement made without proof. v to assert without proof or before proving. v to take a case to a higher court for rehearing and a new decision. n a request to a higher court to re-examine and change the judgment of a previous court hearing. n the party that requests an appeal. v 1. to fix or name officially 2. to select for an office or position. v to consider arguments for and against; discuss. v to agree to sth. n agreement. n sb with legal authority to act for another.

B Bail

Barrister Breach

n allowing a person who has been charged with a crime to remain free until the date of the next court hearing. Bail may be Conditional, in which case the person is only allowed to remain free so long as he or she fulfills certain conditions, such as guaranteeing a sum of money or giving up his passport. If there are no such conditions it is called Unconditional bail. n a lawyer who specializes in arguing on behalf of the defendant, the plaintiff, or the Prosecution, in court. n the act of breaking a law, agreement, etc.; a violation.

C Case

n

any proceeding, action, lawsuit initiated through the court system by filing a complaint. 26

Chancellor

n

Charge Charge Civil law

n v

Claim Claim Commit Common Law

v n v

Continental Law

Contract Court Courtroom

n n n

Crime

n

Criminal

n

the branch or section of the Court of appeal that exercises its criminal jurisdiction.

Criminal Division Criminal Law Custody

the name given in some states to the judge (or the presiding judge) of a court of chancery. a formal accusation of a crime, usually made by the police. to accuse someone formally of a crime. those areas of law in which both parties are usually private citizens or companies. state or declare sth as a fact; assert; demand (money). the assertion of a right to money or property do smth wrong or illegal a system in which legal decisions are based upon decisions in previous cases and on custom, rather than on detailed written laws. a system in which legal decisions are usually made by applying detailed written laws to the case in question. It is sometimes known as Roman law because it was influenced by the laws developed in ancient Rome. an agreement between two or more people which is binding in law. a place where trials are conducted. the portion of a courthouse in which the actual proceedings take place. illegal conduct for which a person may be prosecuted and punished by the state. a person who has committed a crime.

n

the law relating to crime. 1. the state of being kept at a police station or in prison 2. the right to care for a child and to have him or her live with you.

D Damages

n

Defendant

n

Detain Detention Doctrine of precedent

v n

Divorce Divorce

n v

money paid by one party of a legal action (usually civil) to compensate the other party for loss or injury. in criminal proceedings the defendant is the person accused of a crime; in civil proceedings legal action is taken (by the plaintiff) against the defendant. prevent (sb) from leaving or doing sth; delay. detaining or being detained, esp. in prison. the practice of making legal decisions by following the decision made in a previous similar. If there is no previous similar case the court will decide by applying existing laws to a new set of facts and its decision will become a new precedent for courts to follow in the future. legal ending of marriage. legally end one’s marriage to (sb).

27

E Equity

n

Evidence

n

the ordinary meaning is justice or fairness, but the word also covers a system of law developed in England and other Common law countries, to supplement the existing law where it seemed inadequate or unfair. The common law and equitable systems have now merged. in criminal law the evidence is everything (objects, statements, documents) which helps to show how a crime happened.

F the area of law relating to the organization of the family and the legal relations of its members. a sum of money which a person is ordered to pay as punishment for a crime. 1. deceiving sb illegally in order to make money or obtain goods 2. a person who deceives others by pretending to have abilities, skills, etc. that he does not really have; impostor.

Family law Fine

n

Fraud

n

G Guilt Guilty

n

1. condition or fact of having done wrong. 2. blame or responsibility for wrong-doing. adj a person guilty of an offence if she/he has committed crime.

I Illegal Imprison Imprisonment

adj v n

Innocence Injure Injured

n v adj

Injury Investigate

n v

Investigation

n

not authorized by law. to put into prison. the state of being kept in prison. It is a method of punishing criminals by taking away their liberty. being free from guilt or sin. hurt (sb); harm. 1. wounded, hurt. 2. treated unfairly. physical harm to a living being. find out and examine (all the facts about sth) in order to obtain the truth. investigating or being investigated.

J Judge Judgment Judicial Judicial precedent

n

a person with authority to hear and decide disputes brought before a court for decision. n the legal reasoning and decision of a court in a case brought before it. adj relating to courts of law or the administration of justice or the office or a judge. the doctrine by which decisions of courts in previous cases are considered as a source of law which will influence or bind courts in later similar cases. A judicial precedent is an earlier judicial decision which influences or binds courts in later similar cases. 28

Judicial review Judiciary Jury

n n

Justice Juvenile court

n

judicial review of administrative action is the power of the high court to make sure that the acts and decisions of inferior courts, tribunals and administrative bodies are legal and valid. a collective term for all judges. a body of persons who decide the facts of a case (usually criminal) and give a decision of guilty or not guilty called a verdict. The judge directs the jury on matters of law. the moral ideal of being right, just; a justice is a judge. a special branch of a magistrate’s court which hears criminal cases against children and young persons under 17 and deals with other matters relating to children.

L Law

n

Lawful Lawyer

adj n

Lay Legal

adj adj

Legal system Legislation

n

Legislator Legislature

n n

Liability

n

Liable Litigant Litigation

adj n n

the body of rules with authority to govern the actions and relations of people in an organized political community or among States. A law is one of the rules in a system of law, which deals with a particular subject. within the law, legal. a general term for a member of the legal profession, e.g. a judge, barrister, solicitor, law teacher. not expert (in the law), not a professional (lawyer). relating to the law; allowed by law, not contrary to law. all the institutions, bodies of laws and principles, ideals, methods, procedures, traditions and practices which together form an organised system for the application of law in a State or community. all or part of a country’s written law, statute law; also the process of making written law. one who legislates, a member of the legislature. the supreme body with responsibility and authority to legislate for a political unit such as a State. legal responsibility for one’s actions together with an obligation to repair any injury caused. subject to a legal obligation; legally responsible for one’s acts. a party in a civil action. the process of proceeding against someone in a court action.

M Magistrate

n

Magistrate’s courts Murder

n

a lay magistrate is a justice of the peace in Great Britain; a judicial officer appointed by judges of federal district courts having many but not all of the powers of the judge in the USA. the lowest courts of first instance with limited civil and criminal jurisdiction, generally composed of 2-7 lay justices of the peace. the crime of unlawful killing commited with the intention to kill or seriously injure.

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N n a rule.

Norm O

n n v n

Offence Offender Overrule Order P Parties Penalty Plaintiff Private law Procedure Proceedings Property Prosecute Prosecution

Prosecutor Public Law Punish Pupil

a crime; an illegal act or omission punishable under criminal law. a person who has committed an offence. to supersede, to annul; to reject by subsequent action or decision. a written direction of a court or judge which determines some points or directs some step in the proceedings.

n persons, corporations, or associations who have commenced a law suit or who are defendants. n punishment legally imposed or incurred. n the party that starts or carries out civil proceedings. in general, the part of the law which deals with relations between ordinary individuals, and also between individuals and the state in circumstances where the state has no special rights or powers. n the way business is conducted in an official meeting etc.; the formal manner of starting and conducting legal action in a civil or criminal court. n the form and manner of conducting juridical business in a court. n 1. possessions, things owned. 2. the unrestricted and exclusive right to a thing. v to take criminal proceedings against someone. n 1. the process of preparing and presenting the case against a person accused of a crime, taking criminal proceedings against someone. 2. the person or body that prosecutes, including the lawyers who act against the accused person. n the person who presents the case in a criminal court against a person accused of a crime. those areas of law which involve the state as one of the parties to an action (the main branches are Criminal law, Constitutional law, International law). v to impose a penalty on (an offender) or for (an offence). n someone who has passed the examination to become a Barrister but is receiving training so that he or she can become fully qualified.

Q Queen’s Division

Bench a Division of the High Court with civil and criminal jurisdiction, which is also responsible for judicial review.

R Robbery Roman Law

n

the crime of using force or causing fear or force in order to steal (commit theft). a tradition of law developed in ancient Rome which has influenced and been expanded upon by many countries which have a Continental system of law. 30

S Sentence

n

Sentence

v

Solicitor

n

Statute

n

Sue Suit

v n

1. the judgment of a criminal court stating what punishment is to be given to a person convicted of a crime. 2. the punishment which a person convicted of a crime receives. to state in the judgment of a criminal court what punishment is to be given to a person convicted of a crime. a lawyer whose main job is to advise clients and prepare cases before a court hearing takes place. 1. an act of Parliament; 2. statute law is the body of law contained in acts of Parliament as opposed to case-law. to take legal action against someone in a civil case. any court proceeding in which an individual seeks a decision.

T trial

n

Theft

n

Tort

n

Tribunal Trust

n n

Try

v

the process of examining and deciding a civil or criminal case before a court. the crime of stealing: dishonestly taking permanent possession of property which belongs to someone else. a wrongdoing for which a private citizen (or company) is sued by another private citizen. a person or body of persons with power to decide claims or disputes. a type of property arrangement under which property is transferred to one or more trustees who become the legal owner(s) of the property, which they must hold and administer in Equity for the benefit or advantage of another person or group of persons or for a specific purpose. 1. to examine and decide a criminal or civil case before a court; 2. to hold a trial of smb.

V n n adj n

a formal decision made by a trier of facts. a person injured or killed or made to suffer. using, showing or caused by strong (esp. unlawful) physical force. a violent conduct, esp. of an unlawful kind: crimes, acts, outbreaks, etc. of violence.

Will

n

Witness Witness

v n

a legal document in which a person states how he/she wants to dispose of his or her property when he/she dies. to testify, to act as legal witness. a person who testifies to what he has seen, heard or otherwise observed; a person whose declaration or affirmation under oath is received as evidence for any purpose.

Verdict Victim Violent Violence W

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