Иностранный язык в сфере юриспруденции (часть 1-1) ИМЦ
Вопросы для подготовки к тестированию:
to identify a suspect
Выберите один ответ:
a. опознать подозрительного человека
b. узнать преступника
c. установить личность подозреваемого
d. выразить подозрение
What remedy can’t be in the civil cases?
Выберите один ответ:
a. an injunction to restrain certain actions
b. damages
c. restitution
d. capital punishment
Неужели он не заметил вас вчера?
Выберите один ответ:
a. Can he have failed to notice you yesterday?
b. Didn’t he see you yesterday?
c. Could he fail to notice you yesterday?
d. Haven’t he noticed you yesterday?
Choose the right transcription for the word “entrepreneurial”
Выберите один ответ:
a. [entreprinj´uriəl] b. [entrepre´neurial] c. [͵ͻntrəprə́́́́́nə:riəl] d. [´entre´prenijurial]
Она, должно быть не старалась сделать это правильно.
Выберите один ответ:
a. She must take no trouble to do it correctly.
b. She must have taken no trouble to do it correctly.
c. She might not have taken any trouble to do it correctly.
d. She might take no trouble to do it correctly.
_______the bad road we would have come long before.
Выберите один ответ:
a. Provided
b. Unless
c. But for
d. If
Я нигде не могу найти свою сумку. – Может, вы оставили её в магазине?
Выберите один ответ:
a. I can’t find my bag. – You may left it in the shop.
b. I can’t find my bag. – You might leave it in the shop.
c. I can’t find my bag. – You might have left it in the shop.
d. I can’t find my bag. – You may be leaving it in the shop.
There is no corporal punishment in _________.
Выберите один ответ:
a. Russia
b. Zimbabwe
c. Malaysia
d. Pakistan
I wish I _______ how to drive a car.
Выберите один ответ:
a. have known
b. will have known
c. will know
d. knew
The most severe of all sentences: that of death. Also known as the death penalty
Выберите один ответ:
a. capital punishment
b. suspended sentence
c. corporal punishment
d. imprisonment
Зря ты сел на этот поезд.
Выберите один ответ:
a. You didn’t have to catch this train.
b. You mustn’t have caught this train.
c. You needn’t have caught this train.
d. You needn’t catch this train.
Perhaps it was true, I am not sure. She ________ to tell you the truth.
Выберите один ответ:
a. needn’t have been ashamed
b. may have been ashamed
c. can’t have been ashamed
d. must have been ashamed
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
The verdict “not guilty” means that … .
Выберите один ответ:
a. the jury considers the defendant to be innocent.
b. the defendant is acquitted
c. that you've never done anything bad in life
d. there was insufficient evidence to prove the guilt beyond reasonable doubt.
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
At the first stage of a criminal case before trial …
Выберите один ответ:
a. the police collect evidence
b. the crime is reported and investigated.
c. the suspect may pay the bail amount in exchange for a release
d. the suspected person must be interviewed by the police.
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
At the final stage …
Выберите один ответ:
a. the suspected person must be taken into custody.
b. the jury have no time to deliberate and decides on your guilt or innocence
c. criminal charges must be brought against somebody.
d. the suspected person must be arrested by the police.
Ему не к чему было вдаваться в подробности: это всё равно не помогло.
Выберите один ответ:
a. He didn’t have to go into detail: it didn’t help at all.
b. He needn’t go into detail: it didn’t help at all.
c. He needn’t have gone into detail: it didn’t help at all.
d. He mustn’t have gone into detail: it didn’t help at all.
I ________ grateful if you ________ the news to yourself.
Выберите один ответ:
a. would be; kept
b. wouldn’t be; would keep
c. will be; didn’t keep
d. was; will keep
May civil rights be limited?
Выберите один ответ:
a. No, in no case
b. Civil law rights may be limited on the basis of federal law and only to the extent that is necessary for definite purposes
Most torts involve, in some part, the doctrine of “__________.”
Выберите один ответ:
a. damage
b. negligence
c. failure
d. restriction
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
Appellate courts exist to …
Выберите один ответ:
a. soften a severe punishment.
b. correct errors in the application of the law
c. impose a more severe punishment.
d. find the defendant guilty.
Неужели ты не помнишь, что я сказал? Тебе бы следовало слушать более внимательно.
Выберите один ответ:
a. You can’t remember what I said, you should have listened more carefully.
b. You can’t remember what I said, you should listen more carefully.
c. You can’t remember what I said, you must have listened more carefully.
d. You can’t remember what I said, you might listen more carefully.
What kind of punishment requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital
Выберите один ответ:
a. restricting freedom
b. parole
c. probation
d. community service
What’s the essential difference between Civil and Criminal procedures?
Выберите один ответ:
a. Civil actions are started by private individuals, companies or organizations and Criminal procedures are started mainly by the state.
b. Criminal and civil cases are usually heard in different courts.
c. Juries are always used in civil cases as well as in criminal ones.
d. Criminal and civil procedures are so different that they can’t be compared and there is no use in searching difference between them.
She _________ there even though she_______ to walk all the way.
Выберите один ответ:
a. have gone; had had
b. would have gone; had
c. didn’t go; didn’t have
d. will go; will have
Physical punishment, such as flogging or beating
Выберите один ответ:
a. corporal punishment
b. jail
c. probation
d. imprisonment
What is a smuggler ?
Выберите один ответ:
a. Someone who kills a famous or important person usually for political reasons or in exchange for money
b. Someone who takes things or people to or from a place secretly and often illegally
c. Someone who secretly takes money that is in your care or that belongs to an organization or business you work for:
d. A person who illegally enters buildings and steals things
Не может быть, чтобы никто не заметил, как он сделал это.
Выберите один ответ:
a. Nobody can have seen him do it.
b. Nobody had been able to see him do it.
c. Nobody was able to see him do it.
d. Nobody can see him do it.
What kind of punishment requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital
Выберите один ответ:
a. probation
b. restricting freedom
c. community service
d. parole
Вчера был его день рождения. Ты бы хоть открытку ему послал.
Выберите один ответ:
a. It was his birthday yesterday. You must have sent him a birthday card.
b. It was his birthday yesterday. You should send him a birthday card.
c. It was his birthday yesterday. You should have sent him a birthday card.
d. It was his birthday yesterday. You might send him a birthday card.
Он, должно быть письма не получал.
Выберите один ответ:
a. He mustn’t receive the letter.
b. He mustn’t got the letter.
c. He mightn’t receive the letter.
d. He must have never got the letter.
But for the grandmother’s operation they ______ .
Выберите один ответ:
a. will go
b. would have gone
c. have gone
d. went
Read the text. Replace the Russian word in brackets with the English equivalents given in the box:
Types of Damages
injunctive relief, compensatory damages, defendant’s actions, lost income, to recover, bad faith, malice, punitive damages, temporary restraining orders, plaintiff
In most tort cases, the ______ (истец) is seeking damages (i.e. money). Generally speaking, there are two major categories of damages a plaintiff can _______ (взыскать убытки) in a personal injury case: (i) ________ (компенсаторные убытки) and (ii) punitive damages. “Compensatory damages” are designed to “compensate” the plaintiff for what the plaintiff has lost or endured (e.g. medical bills, lost wages, _______ (упущенная выгода), physical pain and suffering and mental/emotional pain and suffering) as the result of the _______ (действий ответчика). ________ (Денежное возмещение в виде наказания ответчика) are designed to punish the defendant for his actions. However, punitive damages are only awarded in extraordinary situations where the plaintiff proved that the defendant acted with (злой умысел) or intent — negligence is not enough. The law permits punitive damages in order to discourage similar acts in the future by the same defendant or other persons. Punitive damages are usually awarded in cases involving fraud, _______ (недобросовестность) or intentional acts. Some tort cases also seek what the law calls _______ (судебный запрет). Injunctive relief involves a court order requiring or preventing the defendant from doing or continuing to do a certain act. This type of relief includes such things as _______ (временный судебный запрет) and permanent injunctions. A plaintiff can request both injunctive relief as well as monetary damages in the same lawsuit.
Выберите один ответ:
a. plaintiff; recover; compensatory damages; lost income; defendant’s actions; punitive damages; malice; bad faith; injunctive relief; temporary restraining orders;
b. plaintiff; malice; bad faith; injunctive relief; temporary restraining orders; plaintiff; recover; compensatory damages; lost income; defendant’s actions; punitive damages
c. plaintiff; recover; compensatory damages; lost income; defendant’s actions; punitive damages; injunctive relief; temporary restraining orders; malice; bad faith;
d. plaintiff ;injunctive relief; temporary restraining orders; recover; compensatory damages; lost income; defendant’s actions; punitive damages; malice; bad faith
There are many specific torts, such as_________ , assault and negligence.
Выберите один ответ:
a. trespass
b. negligence
c. harm
d. battery
We had a wonderful time at the party. You ______ there.
Выберите один ответ:
a. should have been
b. must have been
c. should be
d. shouldn’t have been
How do we name a person who takes things from a shop without paying?
Выберите один ответ:
a. burglar
b. thief
c. cleptomaniac
d. shoplifter
What is “hacking”?
Выберите один ответ:
a. It’s taking control of an aircraft or other vehicle during a journey, especially using violence
b. It’s harassment
c. It’s unauthorized access to personal data
d. It’s assault
owned by a person or company and sold under a trademark or patent
Выберите один ответ:
a. defenсe
b. proprietary
c. obligations
d. equality
The message _________ in time as we received an immediate answer.
Выберите один ответ:
a. might not have been delivered
b. must have been delivered
c. might not have been delivered
d. can’t have been delivered
But for the heat I _______ working in this country.
Выберите один ответ:
a. wouldn’t have liked
b. liked
c. would like
d. will like
Она не должна была закрывать окно так быстро, надо было проветрить комнату получше.
Выберите один ответ:
a. She mustn’t close the window so quickly, she must have aired the room a bit better.
b. She shouldn’t have closed the window so quickly, she should have aired the room a bit better.
c. She mustn’t have closed the window so quickly, she should air the room a bit better.
d. She isn’t to have closed the window so quickly, the room should have been aired better.
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
There is a special order of proceedings and the session starts with …
Выберите один ответ:
a. interpreting the law
b. the prosecutor’s statement.
c. the appropriate plea of the accused
d. the defence opening speech.
Он не должен был так грубо разговаривать. Это могло обидеть её.
Выберите один ответ:
a. He wasn’t able to speak so rudely. It could hurt her feelings.
b. He mustn’t have spoken so rudely. It might hurt her feelings.
c. He needn’t have spoken so rude. It could have hurt her feelings.
d. He shouldn’t have spoken so rudely. It might have hurt her feelings.
Тебе надо было прочесть своё сочинение ещё раз, там, должно быть есть ошибки.
Выберите один ответ:
a. You must have read your composition once more, there must be some mistakes.
b. You should have read your composition once more, there must be some mistakes.
c. You should have read your composition once more, there must have been mistakes.
d. You were to read your composition once more, there might have been mistakes.
________ damages are awarded to punish a wrongdoer.
Выберите один ответ:
a. Compensatory
b. Ordinary
c. Punitive
d. Monetary
You are leaving for the airport. You can’t find your passport. You say: “I wish I _______ my passport.”
Выберите один ответ:
a. must find
b. could find
c. could have find
d. could have found
What relations doesn’t Civil Legislation regulate?
Выберите один ответ:
a. inviolability of property
b. property relations based on administrative or other governmental subordination of one party to another
c. relations between persons engaged in entrepreneurial activities
d. inalieable human rights and freedoms and other nonmaterial values
e. the freedom of contract
Вам не нужно было так торопиться; нужно было быть здесь не раньше пяти
Выберите один ответ:
a. You needn’t have hurried so much; you were to be here not before 5.
b. You needn’t hurry so much; you are to be here not before 5.
c. You mustn’t have hurried so much; you need to be here not before 5.
d. You don’t have hurried so much; you might be here not before 5.
Все слова в тексте были хорошо знакомы, и им незачем было пользоваться словарём. Это только отняло у них больше времени.
Выберите один ответ:
a. All the words in the text were quite familiar to them and they needn’t have used the dictionary. It took them more time.
b. All the words in the text were quite familiar to them and they mustn’t have used the dictionary. It had taken them more time.
c. All the words in the text were quite familiar to them and they needn’t use the dictionary. It has taken them more time.
d. All the words in the text were quite familiar to them and they didn’t have to use the dictionary. It took them more time.
Are there any acts which are considered to be crimes in one country but not in another?
Выберите один ответ:
a. No, because all the human societies have similar laws based on human nature.
b. The question has no answer because it is put up incorrectly
c. Yes, because rules or laws are the agreements between the society and the state , so the agreements may vary in different societies and the states
What’s the focus of tort law?
Выберите один ответ:
a. what the victim can do about the financial harm the victim has suffered
b. to provide some basic protection to society from clearly ant-social acts
c. to decide if a person is a criminal and, if so, how the person should be punished
The state of being kept as a prisoner in one’s own house, rather than in a prison
Выберите один ответ:
a. parole
b. house arrest
c. suspended sentence
d. probation
Choose the right translation of “reasonable grounds”
Выберите один ответ:
a. достаточные основания
b. отмена решения суда
c. заявление о своей невиновности
d. наличие более веских доказательств
If he ________ us that himself I never _________ that.
Выберите один ответ:
a. would tell; wouldn’t believe
b. tell; will believe
c. is telling; believe
d. hadn’t told; wouldn’t have believed
I don’t believe it. He _________ the letter but the signature is certainly not his.
Выберите один ответ:
a. wasn’t able to write
b. can have written
c. has to write
d. must have written
I don’t believe that they didn’t recognize you. They ___________ you.
Выберите один ответ:
a. needn’t have failed to recognize
b. can’t have failed to recognize
c. mightn’t have failed to recognize
d. mustn’t have failed to recognize
Наверняка он не сделал ни одной ошибки.
Выберите один ответ:
a. He must make no mistake.
b. He might not make a mistake.
c. He must have made no mistake.
d. He might have made any mistake.
I wish today ________ a holiday.
Выберите один ответ:
a. will be
b. was
c. were
d. would be
Can he have told the truth then?
Выберите один ответ:
a. Так неужели он сказал правду?
b. Может, он сказал правду?
c. Тогда он сказал правду?
d. Может он говорить правду?
Он вышел из воды, улыбаясь. «Тебе бы следовало выйти раньше», - сказала она.
Выберите один ответ:
a. He came out of the water, smiling. “You should come earlier,” she said.
b. He came out of the water, smiling. “You should have come earlier,” she said.
c. He came out of the water, smiling. “You might come earlier,” she said.
d. He came out of the water, smiling. “You must have come earlier,” she said.
Are the standards of proof the same in a criminal case and in a civil one?
Выберите один ответ:
a. Yes, they are same.
b. The standards of proof are higher in a criminal case than in a civil one.
Someone _________ if she ________ the letter.
Выберите один ответ:
a. might notice ; will open
b. have noticed; would open
c. might be noticed; open
d. might have noticed; had opened
Is it a crime to have more than one wife at the same time?
Выберите один ответ:
a. It’s not the crime at all.
b. It’s not the crime but it’s immoral.
c. It depends upon the country
d. It’s wrongdoing but depends upon person’s culture and nurture.
She _________ how to behave if she ______ a born lady.
Выберите один ответ:
a. would have known; were
b. knows; hadn’t been
c. wouldn’t have known; had been
d. knew; would be
What is not the difference between tort law and criminal law?
Выберите один ответ:
a. the purposes
b. the outcomes
c. the parties involved
d. the standard of proof
Должно быть, он не дал ответа.
Выберите один ответ:
a. He might give no answer.
b. He mustn’t give any answer.
c. He might have given no answer.
d. He must have given no answer.
If you ________ me, I _________ you safely through.
Выберите один ответ:
a. had trusted; couldn’t have led
b. trusted; led
c. hadn’t trusted; lead
d. will trust; am leading
Ты мог бы остаться дома хотя бы на один вечер.
Выберите один ответ:
a. You may stay at home for a night.
b. You might have stayed at home for a night.
c. You might stay at home for a night.
d. You could stay at home for a night.
Who gets money by threatening to disclose personal information?
Выберите один ответ:
a. robber
b. burglar
c. gambler
d. blackmailer
Должно быть, она не имела опыта.
Выберите один ответ:
a. She mustn’t have any experience.
b. She must have had no experience.
c. She might have had no experience.
d. She must have no experience.
Peter ___ in Australia yet. He left only last week.
Выберите один ответ:
a. hadn’t arrived
b. mustn’t have arrived
c. can’t have arrived
d. can’t arrive
What does the US judicial branch do?
Выберите один ответ:
a. interprets and applies US laws
b. selects, supports and implements laws
c. executes, enforces and administers laws
d. makes and passes laws
She _____ me and then I could have helped her.
Выберите один ответ:
a. must have told
b. may tell
c. should have told
d. should tell
Even nowadays one can see that a top hat ______ at weddings.
Выберите один ответ:
a. is often wearing
b. is sometimes being wearing
c. has worn
d. is sometimes worn
.(Task to the text P.123) group of people or military troops who attack foreign territories in order to join them to their lands.
Выберите один ответ:
a. conquerors
b. winners
c. invaders
d. enemies
You can see that this glass ____ .
Выберите один ответ:
a. has used
b. has been used
c. has been being used
d. is using
How many branches is the US Government in the United States divided into?
Выберите один ответ:
a. four
b. five
c. two
d. three two
The Security Council of Russia is headed by …
Выберите один ответ:
a. the Procurator-General.
b. the Prime Minister.
c. the President.
d. the Head the Higher Arbitration Court
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The United Kingdom’s supreme legislative body is _______ .
Выберите один ответ:
a. The UK Parliament
b. The UK Congress
c. The UK Senate
d. The House of Lords
Nancy looked displeased and ____ me she ______ to fetch the breakfast tray.
Выберите один ответ:
a. told, had been sent
b. told to, had sent
c. said to, has been sent
d. said, was sent
What sort of research ______ , and who will be doing it?
Выберите один ответ:
a. will be done
b. will have done
c. will be being done
d. has done
Thank you. You took good care of little Tom while we were away. I realize that he was not always as good a boy as he _______.
Выберите один ответ:
a. might have been
b. ought be
c. must have been
d. should to be
The Prime Minister _____ at three o’clock. But he didn;I turn up till five.
Выберите один ответ:
a. was expecting
b. had expected
c. was being except
d. was expected
She has taught at a school in the north of England and at two schools in Germany, and _____ to be an excellent teacher.
Выберите один ответ:
a. is believed
b. had been believed
c. has believed
d. is believing
_________ about the existing legal systems we should mention the international law as a comparatively new legal community.
Выберите один ответ:
a. Spoken
b. Having spoken
c. Being spoken
d. Speaking
She telephoned to know where the meeting ______ .
Выберите один ответ:
a. might be held
b. would be held
c. will be held
d. would hold
How many legal systems are there in the world
Выберите один ответ:
a. more than 300
b. more than 100
c. about 200
d. much more than 200
You ____ the house from there if it had not been so dark.
Выберите один ответ:
a. could have seen
b. would be able to see
c. could see
d. must have seen
The Parliament Of Russian federation consists of …
Выберите один ответ:
a. the senate and the chamber of Representatives
b. several committees.
c. two chambers.
d. one branch only.
Has your brother returned from London today? – I don’t know, I ----- him, I left for work very early today.
Выберите один ответ:
a. can’t have seen
b. may not have seen
c. didn’t use to see
d. must not have seen
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: General elections take place on _______ .
Выберите один ответ:
a. Polling Day
b. Sunday
c. weekend
d. a Thursday
If they had been warned in tome, they _________ there by now.
Выберите один ответ:
a. have to be
b. mustn’t be
c. should have been
d. must be
You _________ about such things in the child’s presence. Now you see the results.
Выберите один ответ:
a. didn’t have to say
b. must say
c. shouldn’t have said
d. should say
Task to the text (P.123) something (such as a judgment) which has happened earlier than the present and which can be a guide to what should be done in the present case.
Выберите один ответ:
a. legal precedent
b. previous example
c. prior case
d. preceding model
In Russian Federation the state of emergency is introduced by …
Выберите один или несколько ответов:
a. the President. the Federation Council. Неверно
b. the Prime Minister. Неверно
c. the Federation Council. Неверно
d. the Supreme Court Неверно
What does the Constitution of the USA consist of?
Выберите один ответ:
a. a Preamble, seven Articles, twenty seven Amendments
b. one hundred and thirty seven articles
c. a Preamble, ten Articles, thirty Amendments
d. statutes, customs, constitutional conventions
The manuscript _______ in the 15-th century.
Выберите один ответ:
a. was believed must have written
b. believed to be written
c. has believed to have been written
d. is believed to have been written
“It’s a sad story. We ____ to be married, but he _____ in a car crash.”
Выберите один ответ:
a. wanted, killed
b. are going, has been killed
c. were, was killed
d. ought, was killed
What branch of the US Government has the responsibility to carry out the law?
Выберите один ответ:
a. the executive branch
b. the judicial branch
c. the independent branch
d. the legislative branch
_____ the coffe4, he lit a cigarette, ______ how unsteady his hand ______ .
Выберите один ответ:
a. finished, noticed, was
b. On finishing, having been notices, was
c. Finishing , noticing, was
d. having finished, having noticed, is
What is Civil Law?
Выберите один ответ:
a. A type of legal system, often synonymous with “English common law”, which is the system of England and Wales in the UK.
b. It is the legal foundation on which normal business dealings are conducted.
c. The most widespread legal system of the world, applied in various forms in approximately 150 countries.
d. The law which governs the conduct of independent nations in their relationships
The police _____ that the door was open. It ____ open. I had locked it myself and the key was in my pocket.
Выберите один ответ:
a. said, can’t be
b. says, couldn’t have been
c. has said, couldn’t be
d. say, can’t have been
Judges have different titles ________ on their experience, training and level.
Выберите один ответ:
a. depending
b. having depended
c. being depended
d. depended
In Russia the power to impeach the President is vested in …
Выберите один ответ:
a. the State Duma.
b. the Federation Council.
c. both Cambers of the parliament
d. the Constitutional Court.
She had an uncomfortable feeling that she _______ and it pleased her.
Выберите один ответ:
a. was looking at
b. was being looked at
c. is looked at
d. is looked at
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The constitution of the United Kingdom is made up of _________ .
Выберите один ответ:
a. seven articles, delineates the national frame of government
b. a variety of different sources
c. constitutional conventions and various elements of statutory law
d. decisions of courts, political practices and the treaties that form the EU.
Can’t you see? You _____ , that’s all.
Выберите один ответ:
a. are being made a fool of
b. are making a fool
c. made a fool of
d. had made a fool of
The ring is lovely, thank you. But you ____ all that money.
Выберите один ответ:
a. needn’t spend
b. shouldn’t have spent
c. mustn’t have spent
d. can’t spend
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The essence of common law is_______.
Выберите один ответ:
a. the courts’ constitutional role is simply to divine and give effect to parliament’s intention
b. the law that was developed by the three common Laws at Westminster
c. that law is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the facts before them
d. to be a successful instrument of social control.
Each of the projects _________ properly by the Chief Executive Officer, but neither of them ___________.
Выберите один ответ:
a. had considered; are approved
b. was considered; was approved
c. were considered; were approved
d. have considered; had been approved
Father ____ wait ___- me this morning, I can go to town in George’s car.
Выберите один ответ:
a. doesn’t need, for
b. mustn’t, --
c. needn’t, for
d. shouldn’t, to
It ___ that we _____ to prevent cancer soon.
Выберите один ответ:
a. is thinking, are
b. is thought, shall be able
c. was thought, must
d. thinks, shall be able
All of a sudden he realized the full force of what he ______ .
Выберите один ответ:
a. had been told
b. had been being told
c. has said
d. had told
he studied his face in the mirror. He ____ to get a shave and a shower, and if he could, a sleep, before he ____ back to the hospital.
Выберите один ответ:
a. had, went
b. must, goes
c. wanted, will go
d. ought, would go
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: For electoral purposes Britain is divided into _______ .
Выберите один ответ:
a. different areas
b. 543 electoral districts of roughly equal size
c. five electoral groups along continental lines instead of oceanic divisions for the purposes of election to the Executive Council.
d. parliamentary constituencies.
She has three diplomas, _____ she is very young. She _____ studied very hard.
Выберите один ответ:
a. nevertheless, --
b. although, must have
c. in spite of, might have
d. though, can’t have
Each of the documents _____ countersigned.
Выберите один ответ:
a. was
b. are being
c. were being
d. were
The book is not on the shelf. Jane _____ it now.
Выберите один ответ:
a. can read
b. may read
c. must read
d. must be reading
Russia is __________.
Выберите один ответ:
a. a constitutional monarchy.
b. parliamentary republic.
c. a presidential republic.
d. a totalitarian republic.
Civil law is a law __________to the rights and duties of individuals, organizations, and associations (such as companies, trade unions, and charities) as opposed to criminal law. 2.
Выберите один ответ:
a. being related
b. relating
c. related
d. having related
If it ______ all the same to me, I _________ with you.
Выберите один ответ:
a. would be; would have come and talked
b. will be; wouldn’t come and talk
c. is; came and talked
d. had been; wouldn’t have come and talked
What kind of punishments given below is not available to the courts?
Выберите один ответ:
a. community service
b. overtime work
c. a fine
d. probation
d) term of imprisonment
But for her voice she _____ a good actress.
Выберите один ответ:
a. is
b. was
c. would be
d. will be
But for the accident he ______ a record.
Выберите один ответ:
a. would have set
b. will have set
c. sets
d. has set
an official court decision on the case
Выберите один ответ:
a. verdict
b. sentence
c. estimation
d. judgment
the party that starts or carries out civil proceedings. It is usually a private citizen or a company.
Выберите один ответ:
a. a plaintiff
b. a defendant
c. a neighbour
d. an owner
I wish I _______ how to drive a car in 1975.
Выберите один ответ:
a. know
b. knew
c. am knowing
d. had known
Вы, должно быть, с ним уже поговорили. Я вижу, вы всё знаете.
Выберите один ответ:
a. You might a have already spoken to him. I see you know everything.
b. You must already have spoken to him. I see you know everything.
c. You must already speak to him. I see you know everything.
d. You are already to speak to him. I see you know everything.
Все слова в тексте были настолько хорошо мне знакомы, что мне незачем было пользоваться словарём.
Выберите один ответ:
a. All the words in the text were so well known to me that I did not need to use a dictionary.
b. All the words in the text were so well known to me that I needn’t have used a dictionary.
c. All the words in the text were so well known to me that I need not use a dictionary.
d. All the words in the text were so well known to me that I did not have to use a dictionary.
My bag _____ yesterday.
Выберите один ответ:
a. stole
b. was stolen
c. had been stolen
d. is stolen
But for his sore throat he _______ at the meeting.
Выберите один ответ:
a. will speak
b. would have spoken
c. is speaking
d. spoke
What is “liability”?
Выберите один ответ:
a. обязательство
b. лояльность
c. долг
d. ответственность
In Russia charges against the President can be brought by _______ .
Выберите один ответ:
a. the Deputy Chairman.
b. the Government.
c. the State Duma the Government.
d. the Rime-Minister
Не может быть, чтобы он не получил моего письма.
Выберите один ответ:
a. He can never have got my letter.
b. He couldn’t get my letter.
c. He can never get my letter.
d. He could never have got my letter.
______ I speak to Mr. Shaw, please.
Выберите один ответ:
a. May
b. Might
c. Am able to
d. Must
someone whose job is to advise people about laws, write formal documents or represent people in court
Выберите один ответ:
a. a jurist
b. a lawyer
c. a legal adviser
d. a solicitor
Должно быть, они не обедали.
Выберите один ответ:
a. They must have had no dinner.
b. They must have no dinner.
c. They might have had no dinner.
d. They might have no dinner.
hat is “бремя доказывания” in English?
Выберите один ответ:
a. burden of proof
b. guilty plea
c. plea bargain
d. probable cause
He hasn’t left the office ______ .
Выберите один ответ:
a. just
b. before
c. yet
d. already
“Strange”, he said, “how, when people are _____ very young _____ very old, they always want to do something they should not _______ .
Выберите один ответ:
a. both, or, to have done
b. neither, nor, to do
c. either, or, do
d. neither, or, want to do
You argued with your mother yesterday. Today she is upset. You say: “ I wish I _______ with my mother yesterday.”
Выберите один ответ:
a. didn’t argue
b. haven’t argued
c. wasn’t arguing
d. hadn’t argued
But for the neighbour’s chickens I ______ the dog chained.
Выберите один ответ:
a. wouldn’t keep
b. will keep
c. kept
d. would keep
The place is very dull. Even if it ________ the whole week, we ________ our holiday.
Выберите один ответ:
a. hadn’t been raining; wouldn’t have enjoyed
b. weren’t raining; wouldn’t be enjoying
c. isn’t raining; would enjoy
d. had been raining; would have enjoyed
Bur for the final scene the picture _______ quite good.
Выберите один ответ:
a. was
b. will be
c. is
d. would be
What is the most suitable definition for the notion “crime”?
Выберите один ответ:
a. Offence that is committed against individuals or groups of individuals with criminal intent
b. A bad, immoral or dishonourable act.
c. Illegal activity in general.
d. The breach of rules or laws.
_______ the cold, I would go down.
Выберите один ответ:
a. But for
b. If
c. Provided
d. Unless
Read the text “Criminal Procedure”(p. 283-285) and choose the right variant according to the text:
PRETRIALSTAGE.
A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime) the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees). Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt. In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF.
At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS.
The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. Both the defense and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in 285 their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE.
Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS.
The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial. Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
A successful criminal prosecution requires …
Выберите один ответ:
a. that a defendant denies all of the charges that the prosecution has laid against the defendant
b. a preponderance of evidence.
c. proof of guilt beyond a reasonable doubt.
d. that evidence favours the prosecution over the defendant.
Neil isn’t happy with his life. If he ________ to his mother’s advice, he ________ at school and gone to university. He _____ a good job if he had got a degree. Neil hates the job he is doing now. He thinks _______ crazy if he ________ there much longer. If he _____ offered another job, he would take it immediately. In fact, he_____ if he _______ afford to, but he can’t. Life ____ easier if he _______ two children to support.
Выберите один ответ:
a. listened; will stay; found; would have gone; would stay; had been; leaves; will can; would have been; hasn’t have;
b. will listen; stays; could find; goes; stay; will be; would have left; would can; is; v
c. had listened; would have stayed; could have found; will go; stays; were; would leave; could; would be; didn’t have;
d. has listened; would stay; can find; would go; will stay; have been; will leave; can; will be; doesn’t have;
What crimes can’t be referred to those ones which have been appeared recently?
Выберите один ответ:
a. hijacking
b. child pornography
c. copyright infringements
d. “hacking”
I wish I ________ round the world.
Выберите один ответ:
a. am travelling
b. travel
c. will travel
d. could travel
Mary is staying with them. I think it ________ a good thing if you ________ her.
Выберите один ответ:
a. would have been; had come and seen
b. will be ; come and see
c. is; came and seen
d. was; would come and see
A person may be arrested if there …
Выберите один ответ:
a. are certain conditions must be met before an alleged crime
b. is testimony of witnesses.
c. is a suspicion of the police officer.
d. are reasonable grounds.
Я не могу вспомнить его адрес. – Неужели ты даже улицу не помнишь?
Выберите один ответ:
a. I can’t recall his address. – Have you not remembered the street?
b. I can’t recall his address. - Can you have forgotten the street?
c. I can’t recall his address. – did you forget the stree?
d. I can’t recall his address. – Do you not remember the street?
There’s no cake left. The children ______ it all, ______ they?
Выберите один ответ:
a. mustn’t have eaten, must
b. couldn’t have eaten, couldn’t
c. can’t have eaten, can
d. can’t eat, can
We shouldn’t worry. _____ Mother is very old now but she ____ to look after the house.
Выберите один ответ:
a. The, should
b. -- , is able
c. Our, can
d. A, will manage
The late John Brown left all his money to the Cats’ Home. He ___- out of the mind.
Выберите один ответ:
a. might be
b. must be
c. must have been
d. can be
We’ll have to go to the cinema to-night. Mary ____ to have telephoned the theatre to book seats, but she didn’t do it.
Выберите один ответ:
a. could
b. must
c. was
d. should
Mr. Black _____ three days to finish the job before he _______.
Выберите один ответ:
a. was allowed, was dismissed
b. got, had dismissed
c. had, dismissed
d. had been given, was dismissing
His place in history is secure. He _____ long after his enemies _____ .
Выберите один ответ:
a. will remember, have forgotten
b. may be remembered, will be forgotten
c. remember, forget
d. will be remembered, have been forgotten
If John had set the alarm clock, he _____ in time for his train. But he didn’t.
Выберите один ответ:
a. might have wakened
b. must have wakened
c. should wakened
d. was to waken
Members of our public _____ get on the bus before it stops.
Выберите один ответ:
a. ought not
b. must not to
c. are not to
d. don’t have
You ____ to them because I sent them a telegram.
Выберите один ответ:
a. mustn’t have written
b. can’t to have written
c. needn’t have written
d. wasn’t to write
“I’m sure,” said Holmes, “he ____ through the door. The window doesn’t open.”
Выберите один ответ:
a. could to enter
b. ought have entered
c. should have been entered
d. must have entered
I don’t know ____ . They_______ about it.
Выберите один ответ:
a. not a thing, are reserved
b. something, have reserved
c. anything, reserved
d. anything, are so reserved
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The UK is a multi-party system and it is sometimes called “ a two-and-a-half party system” __________..
Выберите один ответ:
a. because parliamentary politics is dominated by the Liberal Party and Conservative Party, with the Labour Party holding a significant number of seats (but still less than Liberal and the Conservatives) and several small parties.
b. because parliamentary politics is dominated by the Liberal Party and Labour Party, with the Conservative Party holding a significant number of seats (but still less than Liberal and Labour Party) and several small parties.
c. because parliamentary politics is dominated by the Labour Party and Conservative Party, with the Liberal Democrats holding a significant number of seats (but still less than Labour and the Conservatives) and several small parties.
d. because parliamentary politics is dominated by the Democrats and Republicans, with the Conservative Party holding a significant number of seats (but still less than the Democrats and Republicans) and several small parties.
I’m sorry you didn’t sleep well. I ___ you ____ a ghost in that room.
Выберите один ответ:
a. need warn, there may be
b. ought to have warned, there is
c. can have warned, it was
d. should warn, it is
They both looked around them as if they _____ afraid that they ____ .
Выберите один ответ:
a. were, were being watched
b. had been, were watched
c. have been, watched
d. may be, were watching
In RF Military Forces cannot be used outside the country without the approval of …
Выберите один ответ:
a. the President.
b. the Federation Council.
c. the State Duma.
d. both Cambers of the parliament
The room looked as if it _____ for years.
Выберите один ответ:
a. did not live in
b. has not been lived in
c. was not living in
d. had not been lived in
(Task to the text P.123) the country which was running half of the world during several centuries.
Выберите один ответ:
a. the Ottoman Empire
b. the former British Empire.
c. the Roman Empire
d. the Russian Empire
Read the text (P. 92-93) and complete the sentences and answer the questions according to the text: The Executive power is exercised by________ .
Выберите один ответ:
a. the Governor-General and State Governors
b. Her Majesty’s Government
c. the political and bureaucratic executive in the name of Her Majesty
d. the UK Parliament
Yuri Gagarin’s was a dangerous flight. He _______ .
Выберите один ответ:
a. must have been killed
b. was able to kill
c. could have killed
d. could have been killed
George has just telephoned to say he missed ______ last train. He ______ to stay in town for the night.
Выберите один ответ:
a. the, must
b. the, will have
c. a, is planning
d. --, is obliged
Where is Peter? - He ______ to have arrived on the ten o’clock train.
Выберите один ответ:
a. should
b. was
c. must
d. could
moment you ____ something you want something else.
Выберите один ответ:
a. offer
b. are offered
c. have offered
d. are offering
She had style. He knew, too, that the fur coat she wore ____ her husband quite ____money.
Выберите один ответ:
a. had cost, quite a few
b. might have cost, many
c. must have cost, a lot of
d. may cost, much
It was an accident that ____ happened to anybody.
Выберите один ответ:
a. should be
b. needn’t
c. must have
d. might have
What is the highest executive power in the United States?
Выберите один ответ:
a. the House of Representatives
b. the President
c. The Congress
d. the Senate
I have ____ here; I’m on duty. But you ____ wait; you’re free to go whenever you like.
Выберите один ответ:
a. to stay, needn’t
b. to have stayed, don’t need to
c. to be, needn’t to
d. staying, are not in need to
He was a real drunkard. The Chief Secretary told him he ______ to resign if he _______ stop drinking.
Выберите один ответ:
a. had, won’t
b. should, wouldn’t
c. would have, did not
d. must, did not want to
All cases _________with goods, property, debt repayment, breach of contract are subject to Civil Procedure law.
Выберите один ответ:
a. dealt
b. being dealt
c. dealing
d. having dealt
Which is wrong regarding “tort”?
Выберите один ответ:
a. Some wrongful conduct is a tort but not a crime, and vice versa
b. A tort is a civil wrong that can be remedied by awarding damages
c. there is an assumption in tort law that criminal law exists to compensate the victim for the victim's financial harm
d. Tort law is a kind of civil law
_________ national legal systems scholars also define legal families and groups of legal families.
Выберите один ответ:
a. Being classified
b. Classifying
c. Classified
d. Having classified
What party system does the United States have?
Выберите один ответ:
a. a multi-party system
b. a one-party system
c. a two-and-a-half party system
d. a two-party system
“Those shoes aren’t at all comfortable.”
“You shouldn’t _____ them.”
Выберите один ответ:
a. to buy
b. buying
c. bought
d. have bought
The boss ______ to be retiring soon.
Выберите один или несколько ответов:
a. is reported
b. is being reported
c. were reported
d. is reporting
Неужели никто не заметил, как он сделал это?
Выберите один ответ:
a. Can nobody have seen him do it?
b. Could nobody see him do it?
c. Can nobody see him do it?
d. Could anybody see him do it?
What’s the right transcription of the word” What’s the right transcription of the word “juror”?
Выберите один ответ:
a. [ȷu:´ror] b. [dʒu´rə] c. [´dʒurə] d. [´ȷu:ror]
You _____ walk on the grass.
Выберите один ответ:
a. are to
b. mustn’t
c. can’t
d. should
“We’ll need some cola for the party.”
“I _____ some.”
Выберите один ответ:
a. ‘ve already bought
b. will have bought
c. had bought
d. buy
Where’s Mary? She _____ be here by now.
Выберите один ответ:
a. might
b. could
c. ought to
d. can
What’s the right transcription of the word “judicial”?
Выберите один ответ:
a. [´ȷu:dikəl] b. [´dzu:diʃel] c. [dʒu:́diʃl] d. [dʒu:di´ʃel]
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
What do the solicitors do most of their working time?
Выберите один ответ:
a. They advocate in legal hearings.
b. They represent their in higher levels of court.
c. They plead the case on behalf of their clients in front of a judge.
d. They undertake negotiations and draft legal documents.
But for her spelling she _________ an excellent mark for her composition.
Выберите один ответ:
a. would get
b. got
c. will get
d. wouldn’t have got
A release from prison, before a sentence is finished, that depends on the person ‚keeping clean‘ and doing what he or she is supposed to do while out. If the person fails to meet the conditions, the rest of the sentence must be served
Выберите один ответ:
a. imprisonment
b. community service
c. probation
d. parole
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
Who has specialist knowledge of the law and so is often called on to give legal advice?
Выберите один ответ:
a. a member of jury
b. a solicitor, a barrister and a member of jury
c. Both a solicitor and a barrister
d. only a barrister
You _______ go home soon. It’s getting late.
Выберите один ответ:
a. mustn’t
b. had better
c. could
d. can
“Have you ever met a famous person?”
“Yes, I ----- Maria Callas once.”
Выберите один ответ:
a. have met
b. met
c. have been meeting
d. meet
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
“malice aforethought” means
Выберите один ответ:
a. mental action which can’t deal with murder
b. unplanned wrongdoing with a just cause for excuse
c. the state of affect when a person is unable to realize the action or situation he is in
d. an intention to cause grievous bodily harm or thought about illegal harm someone and planning it before acting.
But for your explanation I ________ to do it so well.
Выберите один ответ:
a. did never learn
b. would have never learnt
c. didn’t learn
d. have never learnt
You want to go on holiday but you can’t afford it. You say: ”I wish I ______ to go on holiday.”
Выберите один ответ:
a. could afford
b. could have afforded
c. must afford
d. can afford
While _________ a client, a lawyer should always be efficient and professional.
Выберите один ответ:
a. consulting
b. being consulted
c. having consulted
d. consulted
If I _________ it was to be like this, I _______ .
Выберите один ответ:
a. am realizing; come
b. had realized; wouldn’t have come
c. would realize; came
d. realized; would have come
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
Choose the right explanation to the word “manslaughter”:
Выберите один ответ:
a. the crime of killing a human being in circumstances not amounting to murder
b. a kind of suicide
c. a kind of mercy killing
d. the crime of killing a human being intentionally
What does actus reus refer to?
Выберите один ответ:
a. to serious physical violence
b. to drug offences
c. to the criminal act itself
d. to the intent to commit a crime
“You look slimmer.” “Yes, I ___- 12 kilos”.
Выберите один ответ:
a. had lost
b. have lost
c. have been losing
d. lost
The children _______ to wait quietly for their teacher.
Выберите один ответ:
a. was told
b. are told
c. were told
d. need
_______ that he was a great athlete when he was young.
Выберите один ответ:
a. He was said
b. He say
c. He is said
d. It is said
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
Who can be a member of jury?
Выберите один ответ:
a. any solicitor
b. anyone under 21 and over 60 years
c. any barrister
d. any person if healthy under age of 60 but not younger than 21
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
Solicitors wear very special clothes in the courts, don’t they?
Выберите один ответ:
a. It depends upon their wish.
b. No, they don’t. They put on their usual garments, as their attending courts is commonly out of practice.
c. Yes, they do. It resembles a medieval gown.
d. If it is a special occasion in court, they wear it.
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
What does the word “sentence” in the last sentence mean?
Выберите один ответ:
a. jurdgement
b. a set of words that is complete in itself, typically containing a subject and predicate
c. command
d. statement
Choose among the crimes given below that one which has appeared long before
Выберите один ответ:
a. burglary
b. assassination
c. mugging
d. unauthorized access to personal date
Тебе бы надо было выбрать более подходящий момент, чтобы сообщить мне эту ужасную новость.
Выберите один ответ:
a. You must choose a more suitable time to tell me that dreadful news.
b. You should have chosen a more suitable time to tell me that dreadful news.
c. You must have chosen a more suitable time to tell me that dreadful news.
d. You should choose a more suitable time to tell me that dreadful news.
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
Is the doctrine of mens rea very essential in statutory crimes?
Выберите один ответ:
a. It depends upon the criminal case.
b. It continues to be of much important.
c. In different parts of England it may be both important and insignificant.
d. It has stopped to be considerable in statutory crimes.
it wouldn’t have been a bad paper ________ the spelling.
Выберите один ответ:
a. Unless
b. But for
c. If
d. Provided
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court
Выберите один ответ:
a. jury
b. trial
c. adjudicator
d. court
The United Kingdom is_________ .
Выберите один ответ:
a. a constitutional monarchy.
b. a unitary state and a democratic constitutional monarchy.
c. a patrimonial monarchy
d. a civil servant monachy
Он, возможно не заметил вас в толпе.
Выберите один ответ:
a. He may not have noticed you in that crowd.
b. Perhaps, he hadn’t seen you in that crowd.
c. He might not notice you in that crowd.
d. He may not notice you in that crowd.
The dinner ________ if you ________ the dish in the oven.
Выберите один ответ:
a. spoiled; will forget
b. would have been spoiled; didn’t forget
c. wouldn’t have been spoiled; hadn’t forgotten
d. didn’t spoil; forgot
What has kept society together?
Выберите один ответ:
a. morality and custom
b. people’s friendship and amicability
c. social agreements
d. laws
Generally, ___________ can include monetary compensation and restraining orders.
Выберите один ответ:
a. torts
b. damages
c. circumstances
d. remedies
______ help you with the shopping, Dad?
Выберите один ответ:
a. Would I
b. Will I
c. Might
d. Shall I
“What’s wrong with Lynda?”
“She _____ problems at work lately.”
Выберите один ответ:
a. ‘ll be having
b. has been having
c. will have
d. was having
The first stage of a Bill’s passage through the House of Commons is usually
Выберите один ответ:
a. where detailed examination of the Bill takes place
b. a formality, it goes without debate
c. the first opportunity for MPs to debate the general principles and themes of the Bill
d. a strong debating process
Choose the right translation of « наличие более веских доказательств»
Выберите один ответ:
a. pleading innocent
b. taking an oath
c. reasonable grounds
d. preponderance of evidence
Provided you ______ still, the bee won’t sting you.
Выберите один ответ:
a. stayed
b. would stay
c. will stay
d. stay
I couldn’t take my car. It _______ .
Выберите один ответ:
a. was being repaired
b. are being repaired
c. has been repaired
d. was repaired
What is “a plea bargain”?
Выберите один ответ:
a. мольба о признании невиновности
b. заявление подсудимого
c. сделка о признании вины
d. жалоба на сделку
_______ you study, you’ll fail the test.
Выберите один ответ:
a. Unless
b. Provided that
c. If
d. As long as
money that has been lost by a business, person or government.
Выберите один ответ:
a. harm
b. waste
c. damage
d. loss
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
What does the Latin expression “mens rea” mean?
Выберите один ответ:
a. a particular burglar
b. any smuggler
c. an innocent person
d. a guilty mind
What can be referred to legal systems of the world?
Выберите один ответ:
a. civil law system, common law system
b. common law system, religious system, customary law system
c. customary law system, mixed systems, socialist law system
d. civil law system, common law system, religious system, customary law system, mixed systems, socialist law system
Должно быть они не приняли никаких мер вовремя.
Выберите один ответ:
a. They might have taken no measures in time.
b. They must have taken no measures in time.
c. They might not take no measures in time.
d. They must not take no measures in time.
She said _________ if my mother __________ me to spend a moth with them.
Выберите один ответ:
a. was pleased; allows
b. would be pleased; allowed
c. would have been pleased; would allow
d. will be pleased; will allow
Ты напрасно сделала это упражнение.
Выберите один ответ:
a. You mustn’t have done this exercise.
b. You didn’t have to do this exercise.
c. You didn’t need to do this exercise.
d. You needn’t have done this exercise.
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
What does the word combination “manslaughter by neglect” mean?
Выберите один ответ:
a. deliberate and intentional killing
b. unplanned wrongdoing
c. not deliberate or considered; unintentional killing
d. innocent offense
How long _____ here?
Выберите один ответ:
a. you lived
b. have you lived
c. are you living
d. do you live
If I _______ you, I’d go home.
Выберите один ответ:
a. am
b. were
c. will be
d. would be
What _____ at 10 o’clock last night?
Выберите один ответ:
a. have you done
b. have you been doing
c. were you doing
d. had you done
You live in the suburbs. You prefer the city center. You say: ” I wish I _______ to the city center.”
Выберите один ответ:
a. must move
b. must have moved
c. could move
d. could have moved
What is the United States of America?
Выберите один ответ:
a. a federation of states
b. an absolute monarchy
c. a presidential republic
d. an absolute autonomy
_______ you lend me some money, please?
Выберите один ответ:
a. Could
b. Must
c. Will
d. Shall
Read the text “English Criminal Law” and choose the right variant according to the text:
A crime according to the doctrine of the Common Law, is made up of an outward act and the state of mind of the criminal. He must have a guilty mind or mens rea, in addition to committing the physical act which is forbidden. This doctrine of mens rea is still of importance, particularly in some Common Law crimes, but in many statutory crimes it has ceased to be of much significance. Every crime, it may be said, has its own kind of guilty mind. This clearly exists if the intention is to commit the criminal act, knowing it to be such. But every person is taken to intend the probable consequences of his act and so a person who treats another so violently that he jumps out of a window to escape and is killed by the fall is guilty of murder. Sometimes mens rea may take the form of negligence or mental inadvertence, as in manslaughter by neglect. This phrase doesn’t imply that murder can be committed only if it is premeditated. An act is said in the criminal law to be done maliciously if it is done intentionally without a just cause for excuse.
What is a crime as the doctrine of the Common Law says?
Выберите один ответ:
a. it’s an illegal act
b. it’s the state of mind of the criminal
c. it’s both committing the physical act which is forbidden and the guilty mind of the criminal
d. it’s an outward act
a system or occasion of secret voting:
Выберите один ответ:
a. polling
b. vote
c. ballot
d. division
a sum of money that you owe somebody
Выберите один ответ:
a. obligation
b. credit
c. duty
d. debt
He ______ be rich. He never has any money.
Выберите один ответ:
a. can’t
b. could
c. may not
d. must
Read the text about judicial profession in England and answer the questions to the text:
In England there are two classes of lawyers: Solicitors and Barristers. Solicitors are lawyers who took legal business for ordinary people. Their business is to give advice to non-professional clients and to prepare all the necessary documents for the barrister. It’s the barrister who conducts the case in the higher courts. Barristers can be distinguished from a solicitor because they wear a wig and gown in court. A barrister has some educational standards. A barrister must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are four Inns of Court. Barristers are either “juniors” or “King’s (Queen’s)”. When a barrister becomes Q.C. he ‘takes silk”. It means that he can wear a silk gown. Participating in a trial, a barrister may be counsel for the plaintiff (counsel for the prosecution) or counsel for the defendant (counsel for the defence). All serious crimes are tried in a superior court before a jury. Most men and women between the ages of 21 and 60 can be jurors. According to English Law the jury is to return only one of two verdicts – Guilty or Not Guilty. The judges are not elected in England as they do it in Russia. The judges are appointed from the barrister. The judge’s function are to conduct the proceedings, put questions to parties and witnesses, examine the documents and evidence and to pass the sentence.
What’s the basic difference between a Solicitor and a Barrister?
Выберите один ответ:
a. a barrister mainly defends people in court and a solicitor mainly performs legal work outside court
b. they are the same but a solicitor is a bit more junior than a barrister
c. the professional qualification of solicitor is higher than the one of a barrister
d. Barristers can be distinguished from a solicitor because they wear a wig and gown in court
I’m afraid I ------ to come to the party.
Выберите один ответ:
a. don’t go
b. won’t be able
c. won’t
d. can’t
What is . “intent”?
Выберите один ответ:
a. ответственность
b. преступный умысел
c. нечестный поступок
d. нелегальная деятельность
Our new furniture ______ yet.
Выберите один ответ:
a. wasn’t delivered
b. must be delivered
c. hasn’t been delivered
d. isn’t delivered
The maximum penalty for the offence is a $1000 _______ .
Выберите один ответ:
a. parole
b. probation
c. fine
d. community service
He _________ this case even if he ________ .
Выберите один ответ:
a. is taking; are asking
b. wouldn’t have taken; weren’t asked
c. took; were asked
d. will take; will ask
_________ in Central Africa, the explorers got acquainted with the customs of its peoples
Выберите один ответ:
a. Being travelled
b. Travelled
c. Travelling
d. Having travelled
What branch of the US Government is the most powerful?
Выберите один ответ:
a. no one branch would reign supreme legislative
b. executive
c. judicial
d. legislative
What should be done with the law if it is unjust or unfair
Выберите один ответ:
a. to rebel against it
b. to appeal to the government
c. to criticize it publicly
d. to change the law by lawful means