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Юриспунденкция

Самостійна робота №5

І Граматика

Put in the past simple of the verbs in brackets.

► The car stopped (stop) at the lights.

We…………………….. ... (leave) the cinema before the end of the film.

The streets…………………………. (be) crowded with people.

My grandmother……………………… (die) last year.

Everyone…………………………. (have) a marvellous time.

We……………………………… (not / like) the food they gave us.

Claire……………………………. ... (go) to Egypt last month.

The accident……………………….. (happen) last weekend.

It………………………….. (not / be) a very comfortable journey.

I…………………………………… (know) that ages ago.

Write a second sentence so that it has a similar meaning to the first. Use the word in brackets.

► There were lights on the spacecraft, (had)
The spacecraft had lights on it.

I had my old coat on. (wearing)

I was on holiday, and you were on holiday, too. (we)

It isn't true that I made a mistake, (didn't)

The boys were in the middle of a game of cards, (playing)

No one told me about the change of plan, (know)

My friend was the winner of the competition, (won)

Is it a fact that the Romans built this wall? (did)

Lorna Bright is a long-distance walker. Look at this part of her diary describing a morning's walk along the coast. Write the missing words. Use one word only in each space.

It was a fine day (►) when I started out on the last part of my walk around the coast of Britain. The sun
was(l)……………………….. , and a light wind (2)………………………… .. blowing from the south-

west. I was pleased that it (3)…………………………… raining. I knew by now that I

(4)………………………………like rain. In fact I (5)…………………………… it.

I (6)…………………………. ... along the cliff top and then down into the lovely little fishing village of

Wellburn, past a cafe where people (7)…………………………….. having morning coffee. Three miles past

Wellburn I (8)…………………………. down for five minutes and (9)………………………….. a drink.

Now it (10)…………………………… getting warmer, so I (11)………………………….. off one of my

sweaters. 1(12)………………………… stop for long because 1(13)………………………… to reach

Seabury by lunch-time. (14)……………………………. I finally got there, it (15)………………..

just after half past twelve.

ІІ Мовна практика

Write what would you do in this situation:

You are a police officer and you have just arrested this woman for stealing food from a supermarket. On the way to the police station she tells you that in the previous two weeks she's lost her purse, her dog has been run over and her sister has been involved in a car accident.

ІІІ. РОБОТА З ТЕКСТОМ ЗАГАЛЬНОФАХОВОЇ ТЕМАТИКИ

First Reading of the Texts "Trial" and "The Jury"(Skimming Reading)

1.1 Read the texts quickly and try to understand what they are about and what information about criminal trials in the United Kingdom is new to you.

1.2Write down the law terras, known to you, in Ukrainian, concerning trials.

1.3Write a list of international words used in the texts. Use your dictionary to check their exact meaning.

2.Scanning Reading

2.1 Read the texts "Trial" and "The Jury" again.

2.2 Pick out an idea or a phrase, which you think is most informative or most interesting, from each text.

2.3 Find in the text "Trial" the sentences about the functions of the defence and the rights of the defendant.

2.4 Pick out the law terms from the texts "Trial" and "The, Jury ", which you do not know. Refer to a dictionary or the glossary if necessary.

3 Texts

3.1 Read the texts "Trial", "The Jury".

Trial

Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage, apparent or real, over the defence. A defendant (in Scotland, called an accused) has the right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by a legal adviser to ensure a properly prepared defence. In England, Wales and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which it is not proposed to put in evidence and discloses them if asked to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not Propose to call. The defence or prosecution may suggest that the defendant's mental state renders him or her unfit to be tried. If the jury (or in Scotland, the judge) decides that this is so, the defendant is admitted to a specified hospital.

Criminal trials are normally in open court and rules of evidence (concerned with the proof of facts) are rigorously applied. If evidence is improperly admitted, a conviction can be quashed on appeal. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses who, if they will not attend voluntarily, may be legally compelled to attend; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without consenting to be sworn as a witness in his or her own defence. When he or she does testify, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.

In England, Wales and Northern Ireland the Criminal Justice Act 1987 provides that in complex fraud cases there should be a preparatory open Crown Court hearing at which the judge will be able to hear and settle points of law and to define the issues to be put to the jury.

The Jury

Injury trials the judge decides questions of law, sums up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence. Only the jury decides whether the defendant is guilty or not guilty. In England and Wales, if the jury cannot reach a unanimous verdict, the judge may direct it to bring in a majority verdict provided that, in the normal jury of 12 people, there are not more than two dissentients. In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority, but as a general rule, no person may be convicted without corroborated evidence. If the jury returns a verdict of'not guilty' (or in Scotland 'not proven', which is an alternative verdict of acquittal), the prosecution has no right of appeal and the defendant cannot be tried again for the same offence. In the event of a 'guilty' verdict, the defendant has a right of appeal to the appropriate court. A jury is completely independent of the judiciary. Any attempt to interfere with a jury once it is sworn in is punishable under the Contempt of Court Act 1981.

Although the right of the defence to challenge- up to three potential members of a jury without giving any reason is to be abolished in England and Wales, it will remain open to both parties to challenge potential jurors by giving reasons where they believe that an individual juror is likely to be biased.

People between the ages of 18 and 65 whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. (Proposals to increase the upper age limit from 65 to 70 in England and Wales are contained in the Criminal Justice Act 1988.) Ineligible persons include the judiciary, priests, people who have within the previous ten years been members of the legal profession, the Lord Chancellor's Department, or the police, prison and probation services, and certain sufferers from mental illness. Persons disqualified from jury service include those who have, within the previous ten years, served any part of a sentence of imprisonment, youth custody or detention, or been subject to a community service order, or, within the previous five years, been placed-on probation. Anyone who has been sentenced to five or more years' imprisonment is disqualified for life.

4. Reading for General Understanding

4.1 Check the comprehension of the texts "Trial" and "The Jury" by listening to each question and choosing the answer, which you think, is correct.

1. In the United Kingdom criminal trials take the form of a contest between the prosecution and the defence.

it is not always like that as there are cases when the judge by himself tries the case;

in a number of cases the Government interferes with a criminal case;

c) yes, it is true; the prosecution is not granted any advantage, apparent or real, over the defence.

2.A defendant has the right to employ a legal adviser and may be granted legal aid from public funds.

no, it is not quite so. A defendant has only the right to employ a legal adviser;

every defendant is granted legal aid only from public funds;

yes, it is true.

3. The defence should be informed by the prosecution of witnesses.

a) the prosecution never informs the defence of supposed witnesses;

b) yes, it is true. The prosecution should inform the defence of witnesses;

c) the prosecution informs the defence only under the pressure of mass media.

4 . Criminal trials are normally held in open court.

criminal trials are not normally held in open court;

yes, it is true as evidence may help the accused, the defence having the right to the last speech at the trial;

c) criminal trials are normally in both open court and closed court.

5.The defendant cannot be questioned without consenting.

the jury can question the defendant without his consent;

without consenting the defendant cannot be sworn as a witness of his or her own defence; generally,the prosecution may not introduce such evidence;

c) the defendant can be questioned without consenting under the public opinion.

6.Injury trials the judge discharges the accused or passes sentence.

injury trials the judge decides only questions of law;

yes, it is true; besides the judge instructs the jury on the relevant law;

injury trials the jury pass (passes) sentence.

7.Injury trials only the jury decides whether the defendant is guilty or not guilty.

yes, it is true, then the judge passes sentence;

the jury really decides this question, but the judge participates in this work;

the jury does not decide this question.

8. In England and Wales, the normal jury is of 12 people.

no, there may be 6 people in the jury;

in some cases, their number comes up to 18 people;

according to law in the normal jury there are 12 people.

9.In Scotland, where the jury consists of 15 people, the verdict may be reached by a simple majority.

it is so, but the number of the jury is 19 people;

yes, it is true, in addition, the verdict may be reached without corroborated evidence.

yes, it is true, but as a general rule, no person may be convicted without corroborated evidence.

10. In the event of a 'guilty' verdict, the defendant has a right of appeal to the appropriate court.

the defendant has no right of appeal;

yes, it is true; the defendant has this right;

the defendant can appeal to the Superior court.

11 .A jury is completely independent of the judiciary.

a jury to some extent depends on local authorities;

a jury is affected by the Governmental officers;

yes, it is true and any attempt to interfere with a jury is punishable under the Contempt of Court Act 1981.

1 2.Not everybody is liable for jury service.

a) but yes, every person may be liable for jury service;

there are certain limits for those who have within the previous ten years served any part of a sentence of imprisonment;

yes, it is true, there are very high requirements to those who are liable for jury service, there are special rulings: ineligible persons include the judiciary, priests and many others.

4.2 Pick out from the texts "Trial" and "The Jury" all the word combinations with the following words (terms) and give their Ukrainian equivalents.

-trial -jury

defence - guilty

accuse; accused - verdict

witness - to convict

defendant - custody

evidence - innocence

5. Reading for Detail and Language Study

5.1 Find in the texts "Trial" and "The Jury" the English equivalents for the following phrases:

обвинувачення не має ніякої переваги;

право наймати юриста (радника-юриста);

ув'язнення під варту;

показання свідків;

відкритий судовий розгляд;

допитувати свідків обвинувачення;

підзахисний не може допитуватися без його згоди, давати під присягою показання як свідок свого захисту;

попереднє відкрите слухання;

стосовний до справи закон;

суддя звільняє обвинувачуваного чи оголошує вирок;

присяжні вирішують, чи є підзахисний винним чи ні;

досягти одностайного вердикту;

виправдувальний вердикт;

відправлення правосуддя

потенційні присяжні;

- служба умовного звільнення;

виборчий журнал (для вибору присяжних);

служба присяжних.

5.2 Explain the meanings of the following words and expressions.

the form of a contest;

to presume innocence;

to grant legal aid from public funds;

open court;

to cross-examine witnesses;

a preparatory open hearing;

to reach a unanimous verdict;

a simple majority of the jury (in Scotland);

acquittal;

potential members of a jury.

6. Written Practice

6.1 Answer the questions on the texts "Trial" and "The Jury".

What is the form of criminal trials like in the United Kingdom?

What are the rights of the person in custody?

What is the procedure like in England, Wales and Northern Ireland during the preparation of the case? (the prosecution and the defence).

In what way is the defendant treated in case the jury decides that the defendant's mental state renders him or her unfit to be tried?

How are normally criminal trials held?

May witnesses be legally compelled to attend the court?

What does the Criminal Justice Act 1987 provide in England, Wales and Northern Ireland?

What is the role of the judge like injury trials?

Who decides in jury trials whether the defendant is guilty or net guilty?

How is the verdict reached by the jury in England and Wales? In what way does the jury reach a verdict in Scotland?

Has the prosecution a right of appeal in case of an alternative verdict of acquittal?

Has the defendant a right of appeal to the appropriate court in the event of a 'guilty' verdict?

What is foreseen by the Contempt of Court Act 1981?

What can you say about the procedure of electing the jury?

What kind of people are liable for jury service?

What persons are ineligible for jury service?

ІV. ІНДИВІДУАЛЬНЕ ЧИТАННЯ ( обсяг 15 тис. друкованих знаків газетного тексту).

1.Прочитайте та перекладіть статті.

2.Випишіть та запам’ятайте 20 ключових слів.

3. Підготуйте усний переказ прочитаного

Варіанти завдань для індивідуальної самостійної роботи

<== попередня сторінка	\|	наступна сторінка ==>
Самостійна робота № 4	\|

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