Цели и задачи освоения дисциплины. Для успешного выполнения контрольной работы N6 необходимо повторить грамматический материал 1 - 5 семестров.

Для успешного выполнения контрольной работы N6 необходимо повторить грамматический материал 1 - 5 семестров.

 

 

TEST 6 (Variant A)

1. Read the text:

THE PURPOSE OF STATE PUNISHMENT

What is the purpose of punishment? One purpose is obviously to reform the offender, to correct the offender’s moral attitudes and anti-social behaviour and to rehabilitate him or her, which means to assist the offender to return to normal life as a useful member of the community. Punishment can also be seen as a deterrent because it warns other people of what will happen if they are tempted to break the law and so prevents them from doing so. However, a third purpose of punishment lies, perhaps, in society’s desire for retribution, which basically means revenge. In other words, don’t we feel that a wrongdoer should suffer for his misdeeds? The form of punishment should also be considered. On the one hand, some believe that we should “make the punishment fit the crime”. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that crime doesn’t pay. For those who attack others corporal punishment should be used. Murders should be subject to the principle “an eye for an eye and a tooth for a tooth” and automatically receive death penalty. On the other hand, it is said that such views are unreasonable, cruel and barbaric and that we should show a more humane attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, law-abiding life.

National and local newspapers regularly print accounts of legal cases, and quite often the stories they choose are ones in which the punishment does not appear to fit the crime. It is easy to read a paragraph about a criminal case and to become outraged at the sentence passed by a judge. We have to remember that the short paragraph sums up a complicated legal case which might have taken hours, days or even weeks of court time, and that the judge knew a lot more about the case than a casual newspaper reader. However, sentences and penalties vary widely from one court to another. As every football fan knows referees make mistakes, and the referee is much more likely to be mistaken when his decision goes against one’s own team.

In England there are no minimum sentences, except for murder, which carries a penalty of life imprisonment. There are maximum sentences for other crimes.

 

2. Answer the questions to the text:

1. What are the three purposes of punishment? 2. What does the principle “an eye for an eye and a tooth for a tooth” mean? 3. Why do many people think that society should show a more humane attitude to punishment?

 

3. Analyse the underlined in the text phenomena.

 

4. Insert the required articles:

1.... world is... looking-glass and gives back to every man... reflection of his own face. (W. Thackeray) 2.... clever men are good but they are not... best. (T. Carlyle) 3. Have you seen... contract... junior partner prepared for... Browns? 4.... injured were taken to... hospital by... passing car. 5.... Lloyds Bank has numerous offices in... Far East.

 

5. Insert the required prepositions:

1. What is she accused...? 2. We may take advantage... the rising market. 3. The attorney for the defence objected... the question. 4. Your offer is being... consideration now. 5. The case was decided in favour... the plaintiff. 6. The execution of the contract was postponed... account... force major circumstances. 7. I left a message for you... your secretary. 8. I’m afraid Mr Williams will insist... your resignation.

 

6. Insert the required pronouns:

1. We don’t need... additional investments. 2. We can do the work.... 3. Julia, call... from the accounting department to explain me some points of the monthly balance. 4. Look!... is going on down the street. 5. They..., I mean Mr Nickolson and Mr Jadwick, are very good lawyers, so you may ask... of them to help you with the will. 6. I’m sorry, there is... I can do in the circumstances.

 

7. Put the verbs in brackets into correct tense forms:

1. I think we (can) meet next week. 2. Mr Haward informed us that a few days before the plant (to receive) a very large order from the Department of Defence. 3. If we (to sell) the AT&T shares last week we (to feel) more secure now. 4. He (to have) a university degree. 5. The contract (to sign) as soon as the above mentioned alterations (to make). 6. To my regret the sum under the contract (not/to remit) to our account with Vnesheconombank yet therefore we (to have) to postpone the shipment of items ATX305/06 and ATC 09012B until the funds (to come) to our account. 7. Julia says she (to look) for a job since July, but (not/to find) anything suitable yet. 8. Mr O’Tull’s case (to hear) at the moment. 9. I (to take) the job for IT&T before you (to telephone) me last week. 10. He usually(to start) his working day with the brain-washing of the department staff. 11. They (to negotiate) the contract for three days already. 12. When the victim (to enter) the hall the burglars (to search) for jewellery in the bedroom upstairs. 13. Well, I (to lend) you some money, but (to remember), it (to be) the last time. 14. The plant (to construct) by September, 25 to enable Prime Minister to cut the band. 15. This letter (to send) last month after we (to move) to a new apartment. 16. He said that he (to come) to see me the following weekend. 17. Mr Blossom (to come) to inspect our department tomorrow. 18. The appellation to the Supreme Court (to send) a week ago and we (to receive) the verdict in October at the latest.

 

 

TEST 6 (Variant B)

1. Read the text

KINDS OF CASES

There are two kinds of cases which are heard in courts of law: criminal cases and civil ones.

Civil cases are usually disputes between or among private citizens, corporations, government agencies and other organisations. Most often the party bringing the suit is asking for money damages for some wrong that has been done.

The party bringing the suit is called the PLAINTIFF; the party being sued is called the DEFENDANT. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a COMPLAINT, in which the case against the defendant is stated. The next paper filed is usually the ANSWER, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a COUNTERCLAIM will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. The extend to which the plaintiff must prove the case is called the plaintiff’s BURDEN OF PROOF. In most civil cases the plaintiff’s burden of proof is a PREPONDERANCE OF EVIDENCE, it means that the plaintiff’s version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. If there are twelve jurors the agreement of ten of them is necessary; five must agree if there are six jurors.

A criminal case is brought by the state or by a city against a person or persons accused of having committed a crime. The state or city is called the PLAINTIFF; the accused person is called the DEFENDANT. The charge against the defendant is called an INFORMATION or a COMPLAINT. The defendant is not guilty throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greater in criminal cases than in civil cases; the plaintiff must prove each element of the crime BEYOND REASONABLE DOUBT.

In criminal cases the verdict of the jury must be unanimous in order to overcome the presumption of innocence.

 

2. Answer the questions to the text:

1. What is “money damage”? 2. What does a complaint contain? 3. What does the defendant do if he thinks that there is harm done by the plaintiff? 4. In what cases the burden of proof is greater? Prove it.

 

3. Analyse the underlined in the text phenomena.

 

4. Insert the required articles:

1.... experience is... name everyone gives to... his mistakes. (O. Wilde) 2. Revenge is... inhuman word. (Seneca) 3.... laws grind... poor,... rich men rule... law. (O. Goldsmith) 4.... sauna is.... best way to relax after... stressful day. 5. They used... Hague branch of... Barclays Bank for legalising... money made on... drugs.

 

5. Insert the required prepositions:

1. We have to work out an adequate solution... the problem. 2. Sorry, but you can’t see Mr Boyd; he is... business. 3. I’m not at all satisfied... this something which you call ‘an excellent presentation’. 4. With the age he is getting more and more suspicious... his children’s intentions. 5. Mr Berringer is responsible... this kind of cases. 6. We’ll need more time; it’s holidays season, so we are short... staff. 7. How can you dare to accuse me... carelessness?. 8. I think I have to congratulate Mr Lane... his success... the exhibition.

 

6. Insert the required pronouns:

1. The question is absolutely clear; there is... to talk about. 2. We still have... bottlenecks in the plan. 3. You will have to correct your mistake..... 4. Yes, officer, I definitely saw... at the front door, but I can’t say whether it was a man or a woman. 5. We have very... time to find the proofs of his guilt. 6. Mr Pirs and Mr Ving are experts in different fields. I’m afraid in this case I’ll need the help of....

 

7. Put the verbs in brackets into correct tense forms:

1. Mr Holtz (to negotiate) a very important item with his partners now. 2. Last month the firm (to lose) 1.5 mln. USD on oil transaction. 3. She (to receive) cheques every week. 4. They (to have) an old-fashioned office downtown. 5. After we (to contact) her three times she (to show up) last week. 6. The payment order (not/to sign) yet, because Mr Miser (to have) some misgivings about the legality of the transaction. 7. Thomas says he (to work) on the dissertation for 8 months, but there (to be) still plenty of work to be done. 8. I’m afraid we (not/can) to assist you in the negotiations next week. 9. They (to leave) the country three days before the crime (to commit), so they (to have) an alibi. 10. I (to complete) the draft of the business plan long ago, if you (to inform) me about the results of the market studies. 11. We (to collect) the evidence for three weeks already, but the procurator (not/to issue) a search warrant. 12. Mr Fawler (to talk) over the phone when I (to enter) his office. 13. I think I (to have) time for it next week. 14. The complaint (to prepare) by 11 a.m. tomorrow. 15. We (to study) your proposals after you (to submit) them in writing next Monday. 16. She said she (to work) overtime the next Friday if she (not/to cope) with the task in regular office hours. 17. Sorry, we (to be) out tomorrow morning, we (to visit) our solicitor. 18. The application form (to fill in) and (to send) already, so we (to expect) to receive a positive answer in two weeks.

 

 

TEST 6 (Variant C)

1. Read the text:

JURIES

Juries are a key part of the American judicial system. A jury may be defined as a certain number of persons, who are sworn in a court of law to inquire into certain matters of fact. The US Constitution guarantees that most criminal defendants are entitled to a trial by a jury. The defendant can waive this right and have the trial heard before a judge or other judicial officer without a jury. In most civil cases, either party may request a trial by jury. There are basically two types of juries: a petite jury and a grand jury. A petite jury is a group of 6 to 12 citizens who are sworn to determine the facts of a case. In a trial they listen to testimony and consider evidence and reach a verdict based on the facts presented. In a civil trial, the jury will be asked to find (rule) for the plaintiff or the defendant. In a criminal case, the jury must decide whether, under the law of their state, the accused is guilty or not guilty. A grand jury may be used to hear evidence in the initial stages of the most serious criminal proceedings in state and federal courts. There are 16 to 23 persons on a grand jury. Their role is to hear evidence presented by the prosecutor, and determine whether the evidence is sufficient to bring the accused to trial.

The grand jury does not hear evidence from the defendant or the defence attorney. The proceedings of a grand jury are secret. While the rules may vary from state to state, if a majority of the grand jury agrees that there is probable cause to believe that the accused committed the crime, the grand jury issues an “indictment”, formally charging the person of committing the crime.

In most countries jurors are selected at random from voter registration records and placed on a list of potential jurors. To be eligible for jury service, one must be over 18 years of age, a citizen of the country in which he or she is to serve as a juror, able to communicate in the language of the country. Jurors may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reasons. A group of people from which trial juries are chosen is called “a jury pool”.

 

2. Answer the questions to the text:

1. What is he main function of a jury? 2. What is the basis of a jury’s verdict? 3. What is specific about the work of a grand jury? 4. How can a person be excused from jury service?

 

3. Analyse the underlined in the text phenomena.

 

4. Insert the required articles:

1.... sharp tongue is... only edged tool that grows keener with constant use. (W. Irving) 2. In... country of... blind... one-eyed man is... king. (Erasmus) 3. I like... music, but... music at the party yesterday was really awful. 4. He always stays at... Hilton Hotel, dines at... Maxim’s and reads... Times. 5. Have you already called... police?

 

5. Insert the required prepositions:

1. Would you please remind me... the appointment... the doctor? 2. He prefers working with people... paper work. 3. The offender was sentenced... two years of probate. 4. She said she was leaving... China... business. 5. The market studies department was divided... three smaller ones. 6. The country suffers... the lack of investments. 7. The composition of a state judiciary is similar... that of the federal one. 8. We are incapable... solving this problem without professional advice.

 

6. Insert the required pronouns:

1. Have we got... information about this firm in our files? 2. Don’t worry, I’ll see to it..., I have... experience in the cases of this kind. 3. Has... telephoned me this morning? Yes,... has left a message for you with your secretary. 4.... John... Julia can speak Russian, so we’ll have to invite an interpreter. 5. The... plans are good for nothing, though... of them may be used as a basis for working out a suitable one.

 

7. Put the verbs in brackets into correct tense forms:

1. I (can) do it last week, but I (not/can) do it now; the situation (to change). 2. They reported that the suspect (to notice) at the airport the morning before. 3. If you (to phone) me I (not/to miss) that shareholders meeting last week. 4. She (to have) rich experience in divorce cases. 5. We (to continue) the work on the project when you (to return) next week. 6. The procedure of the access to the restricted area (to change) recently. 7. Mr Mott informed that a tax inspector (to come) to check the books the next day. 8. The fax machine (to repair) at the moment. 9. I (to insist) on his resignation before you (to inform) me about the details last week. I (to be) very sorry and I think I (to have/to apologise). 10. I (to feel) sick every time she (to begin) her vocal exercises. 11. They (to redecorate) my office for two weeks already, but nothing (to do) except the ceiling. 12. When Mr Derek (to phone) me yesterday I (not/can) pick up the receiver, I (to take) a shower. 13. After all your explanations I think I (to sell) the NXS shares. 14. The hall (to prepare) for the conference by 8 a.m. tomorrow. 15. She said her brother (to go) on business very often. 16. Mrs said that she (not/can) to assist you during the preliminary hearings the next Wednesday. 17. Mr Blumm (to graduate) from a law college nine years ago and (to work) for Hugo & Morantz since then.

 

TEST 6 (Variant D)

1. Read the text:

JURY SERVICE

The right to trial by a jury is one of the most important rights guaranteed by Constitutions of many countries. The job of a juror is to listen to all the evidence presented at trial and to “decide the facts” - that is, to decide what really happened. The judge, on the other hand, ”decides the law” - that is, makes decisions on legal issues. A juror does not need any special knowledge or ability. A juror should keep an open mind, concentrate on the evidence being presented, use common sense, and be fair and honest. A juror should not be influenced by sympathy or prejudice and be impartial with regard to all people and all ideas. In most countries jurors are selected at random from voter registration records and placed on a list of potential jurors. To be eligible for jury service, one must be over 18 years of age, a citizen of the country in which he or she is to serve as a juror, able to communicate in the language of the country. A group of people from which trial juries are chosen is called “a jury pool”.

The first step in the selection of the trial jury is the selection of a “jury panel”. Those selected for a jury panel are then directed to report to a courtroom in which a case is to be heard. The judge assigned to the case tells the panel members about the case and introduces the lawyers and the people involved in the case. Panel members take an oath, and the judge and the lawyers question the members of the panel. This process of questioning is called VOIR DIRE, a phrase meaning “to speak the truth”. During VOIR DIRE the judge and the lawyers are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision. During VOIR DIRE the lawyers may ask the judge to excuse any member of the panel from sitting on the jury for some particular case. This is called CHALLENGING A JUROR. There are two types of challenges. The first type of challenge is called a CHALLENGE FOR CAUSE, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial.

The second type of challenge is called a PEREMPTORY CHALLENGE, which means that the lawyer does not have to state a reason for asking that the juror be excused. Unlike challenges for cause, however, the number of peremptory challenges is limited. Those jurors who have not been challenged become the jury for the case.

 

2. Answer the questions to the text:

1. What are educational requirements for a juror? 2. How are jurors elected? 3. What is ‘challenging a juror’? 4. Why is the procedure ‘voir dire’ held?

 

3. Analyse the underlined in the text phenomena.

 

4. Insert the required articles:

1.... bank is... place where they lend you... umbrella in... fair weather and ask for it back when it begins to rain. (R. Frost) 2.... more corrupt... state,... more laws. (Tacitas) 3.... crime is a problem of all big cities. 4.... Bank of England is... state bank of... United Kingdom. 5. It is better to go to... prison as a visitor than to go to... prison as a convict.

 

5. Insert the required prepositions:

1. Their research work resulted... a new breakthrough in communication technology. 2. Can you wait a while? Mr Brooks is engaged... conversation. 3. A sophisticated alarm system prevented burglars... breaking... the house. 4. His aggression was definitely aimed... everybody around him. 5. The manager reported that the incomes of the firm increased... 23 per cent. 6. This barrister is famous... the rare ability to lose any case he takes. 7. In a legal state the demand... lawyers should be very high. 8.... my point of view he is absolutely innocent.

 

6. Insert the required pronouns:

1.... his sons, Alfred and Douglas, received law degree, but... of them want to work for his firm. 2. Mr Jones is not sending an inspecting team, he is coming.... 3. My point is that the police needed... to arrest. 4. There is... suspicious about the case, I just smell it. 5. We need... more reliable witnesses.

 

7. Put the verbs in brackets into correct tense forms:

1. Mom, Mr Norm (to phone), he (to ask) to postpone the appointment for two hours, because he (to see in) his mother-in-law tomorrow at 10 a.m. 2. The county council (to receive) 2 mln. pounds for roads maintaining last year. 3. If he (not/to buy) that fancy car last month he (to have) money to hire a good lawyer and (not/to lose) the case. 4. She (not/to work) and (to have) plenty of time for charity activity. 5. Phone me when you (to decide) to take the job. 6. Your telephone bill (not/to pay) yet and we (to have) to cut your line if you (not/to settle) it till Monday afternoon. 7. Margaret insisted that she (to stay) at her friend’s when the theft (to commit). 8. Our house (to redecorate) now, so we (to eat out) every day. 9. Yes, I (to meet) Mr Fist the day before I (to return) home. 10. He usually (to take) the most complicated cases and the highest fee. 11. They (to hear) the case for three days already. 12. At 9 p.m. yesterday, when I (to come) to the office to take some papers, there (to be) nobody there, only a caretaker (to clean) the floor. 13. Well, I (to give) him one more chance to prove that he (to be) worth something, but it (to be) the last one. 14. They (to receive) the documents sent by FEDEX by 5 p.m. today, in three hours. 15. I just (not/can) phone you last Sunday, I (to be) in the middle of nowhere. 16. She said she never (to see) Martin again.

 

 

TEST 6 (Variant E)

1. Read the text:

CRIME AND PUNISHMENT

In criminal legislation death penalty is designed as a temporary measure - it is called “extraordinary”. The purpose of punishment is to correct and re-educate the convicts and prevent new crimes being committed, whereas death penalty means physical elimination of the criminal and deterrence. More severe punishment does not deter people from crime, the strictness of the penalty is not a cure against crime, the cure is in its inevitability.

A very intricate question is the public’s attention to the role of punishment in the struggle against crime. Opinion polls indicate that on the whole the population clearly overestimates the significance of punishment. The polls conducted among a large number of people in 1973-1980 testify that 26.4 per cent of the polled believe that the introduction of more severe punishment is the best way to force observance of laws.

This is not quite so. Sociological studies have shown that 11-18 per cent of the polled do not commit crimes because they fear punishment; in the case of 25-26 per cent this fear does not play a decisive role, but the possibility of having to answer is taken into account in choosing the variants of behaviour. However, punishment holds a modest place among crime-prevention means. The main thing is to eradicate the causes of crime and the conditions which generate it.

The time has come to pose the question of the complete abolition of death penalty. This will show not only the magnanimity of the society, but also its inner strength. It is time the society returned to this problem. This is necessitated by the decisive changes in the civilised world and the new approach to the value of human life. Nor is it possible to forget about horrible, tragic legal errors which sometimes surface right after the sentence has been executed. This also happens. There is a need to bear in mind both our own experience and that of other countries. It should be remembered that capital punishment has been abolished in Austria, Denmark, Finland, France, Germany and many other European states, and is not used in 19 states of the USA, but also that it is still envisaged by the legislation of 127 countries.

 

2. Answer the questions to the text:

1. What is the cure against crime? 2. What is the best way to reduce crime? 3. What do you think are the negative sides of death penalty? 4. What do you think about death penalty?

 

3. Analyse the underlined in the text phenomena.

 

4. Insert the required articles:

1.... discontent is... first step in progress of... man or... nation. (O. Wilde) 2. Argument is... worst sort of conversation. (J. Swift) 3.... old believe everything,... middle-aged suspect everything,... young know everything. (O. Wilde) 4. They bought... apartment for... office in... Regent Street. 5. They promote their goods very successfully in... Europe and in... Middle East.

 

5. Insert the required prepositions:

1. There is one more point that should be taken... consideration. 2. The Institute spends large sums... fundamental research works. 3. He agreed to take the department... condition that he would have free hands in reorganising its work. 4. Your participation in that investigation is... of the question. 5. I think you will need some time to think... our offer. 6. I will have to work overtime tonight; I’ve got to reply... a few letters. 7. Mr Dowel is quite satisfied... the work of your department. 8. Your remark seems strange... me.

 

6. Insert the required pronouns:

1. He is absolutely useless, he understands... in accounting. 2. We’ll have to help him, he is not able to handle the situation.... 3. We need... new people to generate fresh ideas. 4. She is late,... must have happened to her. 5. He has two university degrees. - I reckon he won... degrees on football grounds. 6. You may receive the trial records... in the court archive... in our library, which requires less formalities.

 

7. Put the verbs in brackets into correct tense forms:

1. I’m sorry, I (not/can) visit you last week, I (to have) some urgent work to do. 2. Mr Griffit wrote in his letter of May, 22 that he (to sell) his house a month before. 3. That all happened because of your pride; if you (to ask) for help, we (to help). 4. They (to have) much in common. 5. We (to start) to work on your problem as soon as you (to send) a cheque for $5,450. 6. The decision (not/to take) yet, the board still (to consider) the candidates. 7. We (to try) to find Mr Vogan’s heirs for two months; hundreds letters (to send), we (to spend) a fortune on telephone calls, but there (to be) still no result. 8. Excuse me, I (to look) for Mr Greg’s office. 9. He (to stay) in the office till 7 p.m. almost every day. 10. They (to try) to persuade him for two weeks before he at last (to agree) yesterday. 11. When I (to come) to the office at the appointed time Mr Snort (to dictate) a letter. 12. Wait! I (to help) you as soon as I (to be) through with this letter. 13. Don’t worry, all formalities (to fix) by 5 o’clock. 14. Julia said that she (to intend) to take shorthand lessons. 15. The cable informed that the delegation (to arrive) at 9.30 a.m. the next Tuesday. 16. I (to leave) for Oslo on business this Sunday. 17. If I (to promise) Mr Nigel to substitute for him, I (to enjoy) this wonderful weather at the seaside.

 

 

* * * * *

 

Вопросы к тематическим материалам 6-го семестра:

 

1. What are the purposes of state punishment?

2. What are the two viewpoints on punishment?

3. What is the best way to reduce crime?

4. What arguments are used to abolish death penalty?

5. What is your viewpoint on death penalty?

6. What are the parties in a civil case?

7. How does a civil case start? What is the further procedure?

8. What are the parties in a criminal case?

9. What are the burdens in a criminal and a civil cases?

10.What are the duties of a jury in criminal and civil cases?

11.Who may be a juror?

12.How is the jury selected?

13.What is ‘voir dire’?

14.What is ‘challenging a juror’?

15.What is the difference between challenging for cause and a peremptory challenge?

 

Список рекомендуемой литературы:

 

Raymond Murphy. English Grammar in Use. Cambrige University Press 1988

Гуманова Ю. Л. и др. Английский для юристов. Москва, “Теис”, 1998

Жималенкова Т. М., Мыльцева Н. А. Универсальный справочник по грамматике английского языка. Москва, “ГЛОССА”, 1999

Крылова И. П., Крылова Е. В. Английская грамматика для всех. Москва, “Высшая Школа”, 1989

Зеликман А. Я. Английский для юристов. ‘Феникс’. Ростов-на-Дону, 2000.

Цели и задачи освоения дисциплины

Цель дисциплины – формирование знаний и навыков по методам прогнозирования тенденций экономического и социального развития страны, экономического региона, по моделированию и планированию темпов, пропорций развития народного хозяйства, по планированию деятельности предприятий в современных условиях.

Задачи дисциплины: показать принципы научного подхода к прогнозированию экономических процессов и явлений на макроуровне; вскрыть взаимосвязи и взаимопроникающий характер прогнозирования и планирования экономических явлений в условиях рынка; освоить методологические основы и принципы прогнозирования и планирования развития народного хозяйства страны, региона, муниципального образования.