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Offspring, deliberations, drastic, uniform, inherent, conciliator, recast, terse, embarrassment, palatable
TASK I. a) Use the above words in the following sentences, translate the sentences, use the GLOSSARY:
1. After long … they accepted the order. In a long line of cases, the Court had held that no constitutional right to jury trial existed in trials of criminal contempt, but in Bloom v. Illinois, 80 the Court announced that “our …have convinced us that serious contempts are so nearly like other serious crimes that they are subject to the jury trial provisions of the Constitution.” In Adams v. Texas the Court formulated the rule holding Witherspoon applicable to capital sentencing procedures and voiding a statute permitting exclusion of any juror unable to swear that the existence of the death penalty would not affect his …on any issue of fact.
2. Her … remark was very short and showed that she was annoyed. The boss gave … instructions to his secretary and left.
3. The policy ensures the … standard of healthcare throughout the country. In Federalist No. 78, Alexander Hamilton wrote that the U.S. Supreme Court was “to declare the sense of the law” through “inflexible and … adherence to the rights of the constitution and individuals.” In Bagley, the Court established a … test for materiality, choosing the most stringent requirement that evidence is material if there is a reasonable probability that, had the evidence been disclosed to the defense, the outcome of the proceeding would have been different.
4. The company will be taking … measures to reduce its debt. Reagan delivered on two of his pledges, cutting taxes and increasing defense spending; however, his reluctance to call for … cuts in domestic spending, coupled with a Congress more willing to spend than save, caused the national debt (the accumulated annual deficits) to more than double in four years. Although temporary restraining orders (injunctions) may be warranted in certain situations, this extraordinary remedy may have … consequences for the adverse party by depriving that party of the use of his property or the exercise of his rights.
5. The committee made an attempt to … the statement in less formal language. A further consideration was that eliminating review of Miranda claims would not significantly reduce federal habeas review of state convictions, since most Miranda claims could be … in terms of due process denials resulting from admission of involuntary confessions.
6. … were called in to negotiate between the warring factions. A trained … discusses and explores the issues with each side, explains any legal issues involved, tries to find opportunities for settling the dispute, helps both parties agree to a legally binding agreement.
7. The allegations have been an … to the administration. “Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the potentiality of …from multifarious pronouncements by various departments on one question.”
8. In a world where profit usually beats principle, how can socially responsible investment become …? From this point of view, … religious liberty developed more from competitive circumstances, experimental learning, and the advent of federalism than from purposeful design.
9. I am afraid the problems you’ve mentioned are … in the system. “Outrageousness” in the area of political and social discourse has an … subjectiveness about it which would allow a jury to impose liability on the basis of the jurors’ tastes or views, or perhaps on the basis of their dislike of a particular expression. Obscene material is unprotected by the First Amendment. We acknowledge, however, the … dangers of undertaking to regulate any form of expression.
10. Conflicts between parents and their … are quite common. The offices of Ambassadors, other public Ministers, and Consuls depend for their original existence upon the law, but are the … of the state of our relations with foreign nations, and must necessarily be governed by distinct rules.
TASK II.a) Determine the meanings the word actualhas in the text:
- emphasizing what is really or true, exact as compared with a general idea – The actual number of people killed is not yet known.
- emphasizing what is really true or exact as compared with what people expected –How does your department’s actual performance compare with your plan and budget?
- emphasizing that something is real and not imaginary or part of an idea or a plan – The play is based on actual events.
- emphasizing the word that follows – All I have to do now is to write the actual letter.
b) Determine the meaning ofactual in the following:
1.The 12th amendment establishes the Electoral College that casts the actual votes for President and Vice-President.
2. If actual conflict is present in a case, it has a 33 percent chance of gaining Court review.
3. Some variation existed among state laws, but most allowed defamed individuals to seek two kinds of monetary damages: compensatory, for actual financial loss (e.g., an individual loses his or her job because of the story), and punitive, to punish the offender.
4. Previously, despite its use of separation-of-powers language, the Court did little to involve itself in actual controversies, save perhaps the Myers and Humphrey litigations over the President’s power to remove executive branch officials.
5. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.
TASK III.a)Match the “re”-verbs to their definitions:
To reorganize, to restate, to rephrase, to reword, to recall, to repatriate, to repay, to reboot, to reconstruct, to reduce, to represent, to resemble, to remove, to recast, to resolve
1) to start a computer again;
2) to express something using different words;
3) to send someone back to the country that is legally their own;
4) to give someone money that you have borrowed from them;
5) to state or write sth. again or using different words
6) to call or summon back;
7) to say or write the same thing using different words;
8) to pay back, give in return for;
9) to act for or in behalf of (a constituency, State, etc.)
10) to make over;
11) to bring down to a lower rank, authority;
12) to shift to another place or position, transfer;
13) to remodel, to reconstruct (a document);
14) to find an answer or solution to, to settle or solve
15) to be like or similar to;
b) Translate the following sentences containing the words with re- prefix:
1. Regardless of the specific design of a legal system, in many countries jurists must confront the task of “deciding to decide” – that is, choosing which cases among many hundreds or even thousands they will actually resolve.
2. In Korematsu v. United States (1944) the justices endorsed the government’s program to remove all Japanese Americans from the Pacific Coast states and relocate them to inland detention centers.
3. In Benton v. Maryland, 48 however, the Court concluded “that the double jeopardy prohibition represents a fundamental ideal in our constitutional heritage. Once it is decided that a particular Bill of Rights guarantee is ‘fundamental to the American scheme of justice,’ the same constitutional standards apply against both the State and Federal Governments.”
4. The strategic argument can be restated in this way: the choices of justices can be best explained as strategic behavior and not merely as responses to ideological or jurisprudential values.
5. It will be recalled that in Boyd the Court fused the search and seizure clause with the provision of the Fifth Amendment protecting against compelled self-incrimination.
6. Previously, despite its use of separation-of-powers language, the Court did little to involve itself in actual controversies, save perhaps the Myers and Humphrey litigations over the President’s power to remove executive branch officials.
7. If neither factual error nor defamatory content suffices to remove the constitutional shield from criticism of official conduct, the combination of the two elements is no less inadequate.
8. The question is ‘‘whether the ruling of the judge, whatever its label, actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged.’’
9. Should the government betray the trust placed in it through a series of abuses by either its executive or legislative branch, then the people can regard it as having revolted from them and may exercise their right torecall their trust through, if necessary, an armed rebellion.
10. Statute providing, under circumscribed conditions, that indigent defendant, who receives state-compensated counsel and other assistance for his defense, who is convicted, and who subsequently becomes able to repay costs, must reimburse State for costs of his defense in no way operates to deny him assistance of counsel or the equal protection of the laws
11. Material on the boundaries of free expression has been reorganized so that we focus not only on the traditional topics of libel and obscenity but also on emerging areas of government concern—for example, cruelty and violence.
12. The Court ruled that deferring the trial was an abuse of discretion by the district court because delay would increase the probability of denying justice to Jones due to a loss of evidence, the inability of witnesses to recall specific facts, or the possible death of one of the parties.
13. Congress can restrict the Court’s jurisdiction to hear cases, enact legislation or propose constitutional amendments to recast Court decisions, and hold judicial salaries constant.
14. The Whig Party reorganized as the Republican Party later that year. (1854)
15. Not only did the Court reject the state of California’s request to remove the sale of violent video games to minors from First Amendment protection, the majority informed the state that all laws prohibiting the sale of such games would be subject to strict scrutiny (meaning that they could be very unlikely to survive).
16. The Court restatedthe principle in Booker, “any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.”
17. “When the taxpayer acquires earnings, lawfully or unlawfully, without the consensual recognition, express or implied, of an obligation to repay and without restriction as to their disposition, “he has received income, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent.”
TASK IV.a) Use the nouns memorandum, phenomenon, criterion, datum, curriculum, medium in the plural or singular form in the following sentences;
b) Translate the sentences, use the GLOSSARY:
1) The government’s efforts to control the dissemination of child pornography – whether via traditional or new … –represent only one side of the equation.
2) Every analysis in this area must begin with consideration of the cumulative … developed by the Court over many years.
3) Prohibition was also supported by Robert Woods, Lillian Wald, Jane Addams, and other stalwarts of the Progressive movement who believed in using law for uplift and thought that their program was supported by the best scientific … and expertise.
4) Although it has not been the subject of serious controversy for much of American history, modern political … such as legislative vetoes, the line-item veto, and presidential signing statements have all raised interesting questions regarding what policy-making actions and procedures require presentment to the president as stipulated by the Constitution.
5) The Office of Legal Counsel of the Department of Justice prepared for the White House counsel an elaborate … that disputed all aspects of the Dillon opinion.
6) Historically, racial segregation has a long and varied past in the United States. This is not to say that integrationist ideas are a new or 20th-century …, as the inclusion of the right to vote for free blacks contained in the original Tennessee state constitution of 1796 illustrates.
7) Five members of the Court said the ruling did not mean that the Commandments could never be used in the school …, but that merely posting them served only to make them objects of religious veneration.
8) Fundamentally, the Pendleton Act began to set … for public employment that called for qualified individuals to fill government jobs.
9) Since 1968, the American Bar Association (ABA) has proposed and updated guidelines designed to achieve a balance between the interests of the … and those of defendants facing trial.
10) Laird v. Tatum is a case that called to question the constitutionality of military intelligence units’ collecting … on civilians and civilian social and political organizations.
11) The … vigorously pursues a “plain-meaning” rule of constitutional construction.
12) Campaign financing has been an integral part of the election process and a documented … since the pre-Constitution days.
13) Because Louisiana proposed to develop special … and provide teaching resources for the clear purpose of advancing creation theory but none for evolution theory, this excessively involved the state and education authorities in advancing a theistic viewpoint in violation of Lemon and the First Amendment’s establishment clause.
14) The Court has also said that judges seeking to protect the fair trial interests of defendants must have a very high justification before they may restrict what the … may publish.
15) The OLC … argued that the proper mode of interpretation of Article V was to “provide a clear rule that is capable of mechanical application, without any need to inquire into the timeliness or substantive validity of the consensus achieved by means of the ratification process.”
16) Ultimately, the Supreme Court ruled that the individuals who brought suit lacked standing to do so, because there was no evidence that they had been negatively affected by the gathering of intelligence … collected about their actions.
17) While the highly contentious political debate over whether to recognize same-sex marriage in the law is relatively recent, the … of two persons, both or one of whom are not heterosexual, antedates the issue, as it was not uncommon for a gay man and a lesbian to marry each other so as to pass as “normal” for family, work, or other social purposes, especially during the McCarthy era of the 1950s, when homosexual persons were sought out and dismissed from government service.
18) Schools should be able to teach courses about the history of religion or comparative religion, as long as the… does not promote religion.
19) In many jurisdictions, judges must first deal with pretrial publicity by questioning the jurors carefully about their knowledge of the case, by sequestering the jury, or by moving the trial to another location in order to find a jury pool that has not been exposed to too much … coverage.
20) The Tinker standard – protecting student speech exceptwhen clearly disruptive of the school’s educationalmission – was not the only … for decidingschool speech cases.
TASK V.Make up word combinations to discuss the government created under the new Constitution:
1) legislative, executive, and judicial
4) drastically limited
7) one supreme
8) the lower, the upper
9) a bicameral
10) unanimously elected
12) an equal
e) veto power
TASK VI.Use the missing prepositions in the following phrases to discuss the composition and functions of the new legislature: