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Unit 1

Legal Education

1. Check to see if you know the meanings of these key words for discussion:

advisory office

defence counsel

defendant

legal counsellor

litigate

marriage settlement

notary

plaintiff

regional bar

standard of conduct

юридична консультація;

захисник;

відповідач;

юрист, адвокат;

виступати стороною у цивільному процесі;

акт розпорядження майном у шлюбі;

нотаріус;

позивач;

колегія адвокатів;

норма поведінки

2. Read and translate the text.

My Future Profession

I am a third-year student of Kyiv National University named after Taras Shevchenko, Law faculty. When I entered the University I had a vague idea of what I would do in future. Having studied a lot of legal subjects, such as Theory of Law and State, Criminal Law, Civil Law, Financial Law and others I could outline the profession I’m engaged in. Now it is obvious that in community some kind of law is necessary because every day of our lives we are restrained and guided by law. It protects us while it restricts us. Sometimes it punishes us.

Law can also be defined as a standard of conduct, which regulates the relation of the individual to the central government, the relation of the government to the individual, and the relations among the individuals. If there is a conflict in these relations, the law also provides the court system, through which the respective sides can litigate a problem and reach a solution. So, the scope of the law necessarily makes it complex, and complexity has created the need for specialists, namely a lawyer, whose work is quite diversified. He may act as the defence counsel in court, he may represent the interest of the plaintiff or the defendant in civil and criminal cases.

In national economy lawyers are entrusted the control on the legality of orders and instructions issued by governing bodies: they participate in drawing up different agreements and contracts, which are concluded with other enterprisers; lawyers also inform on the current legislation and give help in legal matters, conduct cases in courts. In addition they give advice on various legal problems and are often employed by business firms. In almost all civil-law countries there are notaries, who have exclusive rights to deal with such office work as marriage settlements and wills.

All barristers in our country are incorporated either in the national or regional (territorial) bar. Members of the bar work at legal advisory offices, which function in every town administrative district.

Our department trains specialists for working in court, Office of Public Prosecutor, Notary, other juridical bodies and also in legal service of national economy.

3. Give the corresponding equivalents to the following words and word combinations.

A. to outline the profession; to have a vague idea; to be engaged in; to define as a standard of conduct; to provide the court system; the respective sides; to reach a solution; namely a lawyer; national economy; to entrust the control on the legality of orders; to represent the interest of the plaintiff or the defendant; to draw up different agreements; to conclude contracts with other enterprises; to inform on the current legislation; civil-law countries; to deal with such office work as marriage settlements and wills; to be incorporated in the national or regional (territorial) bar.

B. третьокурсник; бути обмеженим та куруватися законом; керувати відносини приватної особи до центрального уряду; відносини між приватними особами; масштаб (рамки) права; виступати захисником в суді; представляти інтереси відповідача; народне господарство; приймати участь в укладанні договорів; укладати контракти з підприємцями; чинне законодавство; видавати накази; давати поради по різноманітним правовим проблемам; контроль за законністю наказів та інструкцій; адвокати; працювати в юридичній консультації; прокуратура; нотаріальна контора.

4. Match the words with their definitions.

1. legality

2. plaintiff

3. counsel

4. national economy

5. notary

6. defendant

7.the Bar

a. a barrister or other legal adviser; a body of them in a case;

b. the wealth and resources of a country;

c. a person sued in a court of law;

d. a person who brings a case against another in court;

e. lawfulness;

f. barristers collectively;

g. a person authorized to perform certain formalities

5. Answer the questions.

1. What faculty do you study at? 2. What subjects are you studying this semester? ( did you study last semester?) 3. What is your favourite subject? 4. What subject do you consider to be the most difficult (the simplest) one? Why? 5. What is the definition of law? 6. When does a person appeal to the court? 7. How can professional skills of a lawyer be applied? 8. What do lawyers do in national economy? 9. Where can graduates from the Faculty of Law work? 10. What kind of law would you like to specialize in? Where do you want to work after the graduation?

6. Read the following information (additional information for foreign applicants.

Study in the United States may or may not be appropriate for you.

  • You will need one year to complete the application process.

  • Study in the United States is expensive. You will need a minimum of $12.000 per year, and many universities cost more than $20.000 per year.

  • For undergraduates, financial aid is rare.

  • A command of the English language (Test of English as Foreign Language/TOEFL).

  • Law students from other countries rarely study in the USA until they have already become attorneys in their own countries and then only at the postgraduate level.

Would you be interested in the following courses?

Sample Courses and Seminars Offered in the LL.M Program in American Legal Studies

Sample Courses and Seminars Offered in the LL.M Program in International and Comparative Law

American Legal History

Business Associations

Civil and Common Law Systems

Constitutional Law

Contracts

Criminal Law

Environmental Law

International Law

Introduction to the American Legal System

Jurisprudence, Law and Economics

Law in Radically Different Societies

Legal Philosophy

Legal Research and Writing

Mediation

Patent and Copyright Law

Procedure

Property

Torts

U.S. Antitrust Law

Civil and Common Law Systems

Comparative Criminal Procedure

Conflict of Law

Doing Business with Mexico

European Union Law

Gender Issues: An International and Comparative Perspectives

Human Rights in the America’s Crime and Immigration

Immigration Law

International Arbitration

International Business Transactions

International Environmental Law

International Law, International Legal Research, International Trade

International Taxation

Law in Radically Different Societies

North American Legal Systems

Grammar Section

Conditional Sentences / If-Clauses Type I, II und III

Conditional Sentences are also known as Conditional Clauses or If Clauses. They are used to express that the action in the main clause (without if) can only take place if a certain condition (in the clause with if) is fulfilled. There are three types of Conditional Sentences.

Conditional Sentence Type 1

It is possible and also very likely that the condition will be fulfilled.

Form: if + Present Simple, Present Continuous, Present Perfect, Present Perfect Continuous + will-Future, imperative, can, may, might, must, should + bare infinitive

Example: If I find her address, I’ll send her an invitation.

Conditional Sentence Type 2

It is possible but very unlikely, that the condition will be fulfilled.

Form: if + Past Simple, Past Continuous + Conditional I (= would, could, might) + bare infinitive

Example: If I found her address, I would send her an invitation.

Conditional Sentence Type 3

It is impossible that the condition will be fulfilled because it refers to the past.

Form: if + Past Perfect, Past Perfect Continuous + Conditional II (= would/could/might + have + Past Participle)

Example: If I had found her address, I would have sent her an invitation.

  • We do not normally use will, would, should in an if-clause. However, we can use will or would after if to make a polite request or express insistence. We can use should after if to talk about something which is possible, but not very likely to happen. E.g. a) If the weather is fine tomorrow, we will go camping. b) If you will fill in this form, I’ll process your application.(Will you please fill in …- polite request) c) If you will not stop shouting, you’ll have to leave. (If you insist on shouting…- insistence) d) If Tom should call, tell him I’ll be late. (We do not think that Tom is very likely to call)

  • We can use unless instead of if not in the if-clause of Type 1 conditionals. The verb is always in the affirmative after unless. E.g. Unless you leave now, you’ll miss the bus. (= If you don’t leave now, you’ll miss the bus.)

  • We can use were instead of was in the if-clause of Type 2 conditionals. E.g. If Rich was/ were here, we could have a party.

  • We use If I were you when we want to give advice. E.g. If I were you, I wouldn’t complain about it.

  • The following expressions can be used instead of if: provided/providing (that), as long as, supposing/suppose, in case, on condition (that), but for + -ing form/noun, even if, only if, otherwise, or else. E.g. You can see Mr. Carter provided you have an appointment. Suppose the boss came now, what would you say? Get up now or else you’ll be late. But for his advice, I wouldn’t be able to solve my problems. Note that when only if begins a sentence, the subject and the verb of the main clause are inverted. E.g. Only if you have a ticket will you be allowed in.

  • We can omit if in the if clause. When if is omitted, should (Type 1), were (Type 2), had (Type 3) and the subject are inverted. E.g. Should Peter come, tell him to wait. (=If Peter should come,…) Were I you, I wouldn’t trust him. (If I were you,…) Had he known, he would have called. (=If he had known,…)

1. Make Type 1conditional sentences as in the example.

E.g. If we cut down all the forests, the world climate will change.

1. cut down/all forests/ world’s climate/change; 2. not stop/use/aerosols/ destroy/ozone layer; 3. find/ alternative sources of energy/solve/some of our environmental problems; 4. temperatures / go up/ by a few degrees/ sea level/rise; 5. recycle/waste/save/natural resources; 6. population/ continue to increase/not be enough food for everyone.

2. Study the situations, then make Type 2 conditional sentences.

1. Legislation will be difficult and take time. If new legislation ………… (introduce), it ……… (help) single-parent families. 2. I never do my homework, so my teacher always gets angry with me. If I ……… (do) my homework, my teacher …………….. (not /be angry) with me. 3. He can be released from prison on probation. If he …………….. (release) on probation, the court………………. (place) him under the supervision of a probation officer(посадова особа, яка наглядає за умовно звільненими) for a period of between six months and three years. 4. I never get up early, so I am always late for university. If I …………… (get) up earlier, I ……… (not/be) late for university.

3. Complete the sentences to make Type 3 conditional sentences.

1. If the lawyers……………. (not/take) part in the negotiations, the agreement between the parties………………. (never/reach). 2.If he ……………… (not/evade) to pay taxes, he …………… (not/sentence) to imprisonment. 3. We …….. (compensate) for your losses, provided there ……… (be) an appropriate clause in the contract. 4. But for the lack of evidence, it ……….. (not/result) in their acquittal. 5. If her guilt………….. (prove), she …………… (convict) of fraud.

4. Read the story below and make Type 3 Conditional sentences, as in the example.

E.g. If Sally hadn’t been in a hurry, she wouldn’t have left some important documents at home.

Sally had a terrible day yesterday. She was in a hurry, so she left some important documents at home. She wasn’t prepared for the meeting with a new client, so the meeting was a disaster. The client was disappointed, and as a result he refused to do business with the company. The boss shouted at Sally, so she got upset.

5. Put the verbs in brackets into the correct tense,

1. A: Lauren was walking down the street and found a wallet. She took it to the police. B: If I ……………. (find) it, I …………… (not/take) it to the police. 2. A: I decided against taking the Bar examination. Now I. regret. B: Well, if you … (pass) them, you ………(can/become) a successful counsel. 3 A: .Should I file a counterclaim? B: Why not? If I ……………. (be) you, I …………. (do) it. 4. A: What is the tax rate for the federal income taxes? B: If you ….. (be) single and earn $15,000 this year, you …… (pay) a tax rate of 15% next year. 5. A: Your boss once made a terrible mistake. B: If I ……. (help) him, he …………… (go) to jail. 6. A:. B: No, I won’t. There’s plenty of time. 7. A: Oh! Our bank has been robbed. B: Unless you ……….. (employ) more guards and …… (install) a new alarm system, you … (rob) again earlier or later. 8. A: When can I vote at the elections? B: Provided you ………. (be) over 18, you can vote. 9. A: If a police officer personally …. (see) someone commit a crime, …. the officer ….. (may/arrest) that individual? B: If you …… (see) someone snatch a purse while on street patrol, we ……………… (apprehend) …. (arrest) the purse-snatcher for a theft or robbery. 10. A: Police officers must protect citizens’ constitutional rights, such as the right to remain silent and the right to be free from unreasonable search. B: What ……… (a court/may/do) if these rights ……… (violate)? 11. A: The court ordered the case against Jo dismissed. B: If the court ……… (not/deem) her arrest unlawful, she ………. (discharge). 12. A: What are the ‘Miranda warnings’? B: If a person …… (not/arrest), the police …… (may/question) the person and ….. (use) the answers in court without first providing the ‘Miranda warning’ that advises people of their constitutional right to not answer questions and to have an attorney present if he or she ….. (decide) to talk to police officers.

6 .Choose the correct answer

1. The state of the economy …… provided that there is a change of the government.

a) improve; b) will improve; c) would improve;

2. ……. his .confession, they couldn’t have hoped to convict him of murder anyway.

a) But for; b) Provided; c) Unless;

3. The outgoing President may buy the gifts made to the President of the United States if he ……. to take it with him. a) will want; b) would want; c) wants

4. ….. you fulfill your obligations under the contract, you will be suited for the breach of contract. a) Unless; b) Provided; c) Supposing;

5. Were I you, I ….. on the future value of currencies.

a) wouldn’t speculate; b) won’t speculate; c) don’t speculate;

6. You might be charged with bribery if you …… the bribe.

a) would offer or accept; b) would have offered or accepted; c) offered or accepted;

7. Property delivered by mistake …… the subject of larceny only if the defendant is aware of the mistake at the time he receives it. a) could be; b) can be; c) could have been;

8. If you …… someone’s wallet, the scream of anguish would be immediate.

a); steal; b) had stolen; c) stole;

9. Suppose you …. the exam, what would you do? a) failed; c)would fail; c) have failed;

10. If the Eighteenth Amendment …….. , bootlegging would have persisted in the USA.

a) wouldn’t have been abolished; b) wasn’t abolished; c) hadn’t been abolished;

11. The large sums of money ….. by syndicate bosses if they hadn’t wanted to gain political influence on the government. a) won’t have been expended; b) wouldn’t have been expended; c) hadn’t been expended;

12. Libel ….. the malicious defamation of any person in print, if someone wanted to expose that person to public hatred. a) would be; b) would have been; c) was;

13. Even if the victims recognized that they are victims, they might not have the resources to investigate and seek legal redress for the injuries suffered.

a) may not have; b)do not have; c) might not have;

14. Should you witness a crime, …… it to the police . a) report; b) to report; c) will report.

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

1. If I …… (exceed) the speed limit, you wouldn’t have got a fine. 2. If he ….. (not/ burn) the house to collect the insurance and thereby ….. (cause) death to one person, he wouldn’t have been convicted to for murder. 3. If I had closed the window, the burglars ………(not/break) into her house. 4. The punishment …… (lessen) if ‘extenuating circumstances’ are present. 5. Had he been attacked by the burglar with a deadly weapon in his own house, he …… (not/convict) if, defending himself and his family, he ……… (kill) the intruder. 6. John …. (may/lose) his job if he was caught taking bribes. 7. If you ……(try) again on the murder charge, you would be put in double jeopardy. 8. You may win if you ………. (fine) reliable witnesses. 9. If ignorance of the law was recognized as a defense, the defendant’s knowledge rather than the law of the land ……. (determine) what he could do or could not do. 10. If a man …………….. (build) a house so badly that the danger of collapse must have been apparent to him, his act will not be classified as murder in the first degree. 11. Even if the conduct ………. (consider) immoral or harmful, this will not necessarily justify criminalization. 12. He would have been sentenced to 2,086 days in the federal prison if the rape charge …………. (not/drop)for the lack of evidence. 13. If the evidence ………….. (obtain) without probable cause, it would be considered in court ‘fruit of the poisoned tree’ – evidence obtained illegally, and therefore inadmissible. 14. Robert …………. (deny) that the beating had occurred if Tina had called the police. 15. If a person ……. (wound) another, he will be convicted unless the wounding …… (justify)by the defense of self-defense. 16. If you …………. (put) your money in your wallet, you would not have had it stolen. 17. The agreement to act in the wrongful way ……. (be) an offence in England and Wales if the act were to take place there.18. If any gift over $200 value made to the President of the United States was considered to be a gift to the Office of the Presidency and not to the President himself, it …… (classify) as graft. 19. Patronage could be seen as corruption if incompetent persons, as a payment for supporting the regime, …… (select) before more able ones. 20 Unemployment will decrease provided the government …………. (take) appropriate measures.

8. Translate into English.

1. Якби суд не врахував помякшуючі обставини, його засудили б до довічного ув’язнення. 2. Якщо суд врахує пом’якшуючи обставини, йому не призначать смертну кару. 3. Якщо суд врахує те що, вбивство було вчинене за обтяжуючих обставин, їх буде засуджено до смертної кари. 4. Якщо свідчення отримані незаконним шляхом, вони не приймаються судом. 5. Якби свідчення було отримано незаконним шляхом, суд визнав би їх неприйнятними. 6. Якби ви отримали докази законним шляхом, ви б не програли справи. 7. Якби підсудний не мав судимостей та не був небезпечним рецидивістом, його б не засудили до довічного ув’язнення. 8. Якщо особу буде визнано винною в розкраданні грошей або майна чи отриманні грошей шляхом шахрайства, її буде оштрафовано на 10000 доларів або ув’язнено щонайменше на 2 роки. 9 . Якщо його було б визнано винним в розкраданні грошей, його було б оштрафовано на 10000 доларів. 10. Якщо обвинувачення в зґвалтуванні були б відкинуті, його не засудили би до такого довгого терміну ув’язнення. 11.Якби не дії обвинуваченого, потерпілий не помер би той час та таким чином, як було.


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