УКЛАДАЧІ:

1. Ножовнік Олег Миколайович

2. Сорока Ірина Анатоліївна

3. Аргатюк Ірина Вікторівна

4. Котиш Наталія Анатоліївна

5. Мачусский Володимир Володимирович

6. Бобер Наталія Миколаївна

7. Чуркіна Олена Василівна

8. Косовець Марина Олександрівна

9. Тітова Валентина Михайлівна

Б
 Модуль 1
Тема 1. The Legal Profession
Тема 2. Civil Law
Тема 1. The Legal Profession
TYPES OF LEGAL PROFESSIONS
Pre-reading
Answer these questions
1. Why do we say that Britain is almost unique in having two different kinds of
lawyers, with separate jobs in the legal system?
2. What kinds of lawyers in the British legal system do you know? What is the
difference between them?

READING TASKS

A. Understanding main points

Read the text below about legal professions and answer these questions,
beginning your answers with the following phrases: as a rule …; to tell the truth …;
as far as I know …; the matter is that …; as far as I remember …; as far as I am
concerned …; frankly/strictly speaking …; to make a long story short …

1. Who is the most important figure in the British legal system?

2. Is it difficult to qualify as a solicitor? What is it necessary for a young man or
woman to do for that?
3. What matters does the solicitor deal with? When can he speak in the County
Court? What clothes does he wear in the County Court?
4. What examinations do you have to take to qualify as a barrister? Are these
examinations different from solicitors' examinations?
5. What branches of law must a barrister be an expert on?
6. What do we mean when we say that barristers are rather remote figures?
7. What do legal executives often deal with? What do you know about their rights
to appear in court?
8. What are lay magistrates? What committees select them?
 9. What do High Court Judges deal with? What do they differ from lay magistrates
in?
10. Who can become a judge at any level? What changes were made by the Courts
and Legal Services Act 1990?

B. Understanding details
Mark these statements T (true) or F (false) according to the information in the
text. Give your reason using the following phrases: as a matter of fact ...; I don't
think so …; I'm of the same opinion …; in my opinion …; on the contrary …; strictly
speaking ...; to my mind ...

1. Britain is almost unique in having different kinds of lawyers and judges.

2. It is necessary for you to go to university to qualify as a solicitor.
3. The solicitor deals with petty crimes and some matrimonial matters in
Magistrates' Courts, the lowest Courts.
4. If the case goes to a higher Court, the solicitor advises you, and you can ask
him to appear for you.
5. To qualify as a barrister it is not obligatory for you to take the examinations.
6. Solicitors as well as barristers can become judges in an English Court above a
Magistrates' Court.
7. Apart from solicitors and barristers, there are also legal executives who work in
solicitors' firms.
8. Legal executives have unlimited rights to appear in court, mainly making
applications in the County Court where the case is not defended.
9. Lay magistrates are elected because they have some legal training.
10. To become a judge at any level it is necessary to be either a barrister or a
solicitor.
LEGAL PROFESSIONS

Britain is almost unique in having two different kinds of lawyers, with separate
jobs in the legal system. The two branches of the legal profession comprise barristers
and solicitors. Each branch is controlled by an independent body which maintains
high professional standards of education, training, and conduct. Lawyers are not
appointed by the State and are not civil servants. They are not subject to direct
political control, and, like the judges, are traditionally independent. Their relations
with clients are based on confidence and protected by privilege; they cannot be
compelled to disclose what passes between them during their professional dealings.
One of the most important figures in the British legal system is the solicitor. To
qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works
for him whilst studying part time for the "Law Society" exams. It is not necessary for
you to go to university. When you have passed all the necessary exams, you can
"practice", which means you can start business on your own.
In fact there are at least 66,000 solicitors in Britain, and the number is increasing.
Almost every town will have at least one. Many problems are dealt with exclusively
by a solicitor. It is his job to advise you on legal matters of all kinds. A solicitor also
deals with matters outside Court. He does the legal work involved in buying a house,
for instance. He writes legal letters for you and carries on legal arguments outside
Court. If you want to make a will the best man to advise you is a solicitor.
The solicitor deals with petty crimes and some matrimonial matters in Magistrates'
Courts, the lowest Courts. If you get into trouble with the police you will probably
ask a solicitor to help prepare your defence and, if the offence is to be heard in a
Magistrates' Court, you can ask a solicitor to appear for you and argue your case. He
prepares the case and the evidence. He actually speaks in Court for you. In a civil
action he can speak in the County Court, when the case is one of divorce or
recovering some debts. In the County Court the solicitor wears a black gown over his
ordinary clothes. If the case goes to a higher Court, the solicitor still advises you, but
you must get a barrister to appear for you.
Barristers are different from solicitors. To qualify as a barrister you have to take
the examinations of the Bar Council. These are different from solicitors'
examinations. There are over 5,000 barristers in England. A good one can earn
30,000 pounds a year. Only barristers can become judges in an English Court above a
Magistrates' Court.
Barristers are experts in the interpretation of the Law. They are called in to advise
on really difficult points. The barrister is also an expert on advocacy, the art of
presenting cases in Court. Indeed, if you desire representation in any Court except the
Magistrates' Court, you must have a barrister, with one or two exceptions.
Barristers are rather remote figures. If you need one, for instance, you never see
him without your solicitor being with him. Barristers do not have public offices in
any street. They work in what are known as chambers, often in London. They all
belong to institutions called Inns of Court, which are ancient organizations rather like
exclusive clubs. In many ways the remoteness they have and the job they do are
medieval in conception.
Apart from solicitors and barristers, there are also legal executives who work in
solicitors' firms. To become a legal executive it is necessary to pass the Part I and
Part II examinations of the Institute of Legal Executives and to have worked in a firm
of solicitors or an organization such as the Crown Prosecution Service for at least five
years. Legal executives will often deal with the more straightforward cases
themselves, for example, preparing simple wills or leases. They also have some lim-
ited rights to appear in court, mainly making applications in the County Court where
the case is not defended.
In Britain, the vast majority of judges are unpaid. They are called lay magistrates,
or lay justices, or Justices of the Peace (JP). They are ordinary citizens who are
elected not because they have any legal training but because they have "sound
common sense" and understand their fellow human beings. They give up time
voluntarily. Lay magistrates are selected by special committees in every town and
district and appointed by the Lord Chancellor on behalf of the Queen.
A small proportion of judges are not lay magistrates. They are called "High Court
Judges" and they deal with the most serious crimes, such as those for which the
criminal might be sent to prison for more than a year. High Court Judges, unlike lay
magistrates, are paid salaries by the State and have considerable legal training.
Judges as a group are also called the judiciary. There are many different levels of
judges although the main division is into inferior and superior judges. This may
sound an odd way of referring to judges but it reflects the different levels of court in
which they sit. Inferior judges include: stipendiary magistrates, district judges,
recorders, circuit judges. Superior judges are the puisne judges who sit in the High
Court, the Lords Justices of Appeal in the Court of Appeal, the Law Lords in the
House of Lords.
To become a judge at any level it is necessary to be either a barrister or a solicitor.
The Courts and Legal Services Act 1990 made changes basing qualifications on
certificates of advocacy and rights of audience in the courts. In other words, a
barrister or solicitor must have been qualified to be an advocate in the court to which
he is appointed as a judge. All judges appointed since 1995 have to retire at seventy
years of age. This age was introduced by the Judicial Pensions and Retirement Act
1993. Judges appointed before that date can continue in office until the age of
seventy-five. Before 1959 there was no retirement age and some judges sat until they
were ninety.
VOCABULARY NOTES

lawyer, n. – юрист; адвокат; appellate lawyer – адвокат, який виступає в

апеляційному суді; cіvіl lawyer – цивіліст; commercіal lawyer – фахівець з
торгового права; common lawyer – фахівець із загального права; defence lawyer –
захисник; legіslatіve lawyer – фахівець із законодавства; penal lawyer –
криміналіст; trіal lawyer – захисник у суді; to obtaіn a lawyer – користуватися
послугами адвоката.
 solicitor, n. – соліситор, стряпчий; юрисконсульт; cіty solіcіtor –
юрисконсульт міста; offіcіal solіcіtor – призначений адвокат; Solіcіtor General –
вищий чиновник міністра юстиції; Solіcіtor to the Treasury – юрисконсульт
міністерства фінансів.
barrister, n. – баристер; chamber barrіster – баристер, який не виступає в суді;
consultіng barrіster – адвокат-консультант; junіor barrіster – молодший з двох
адвокатів однієї сторони.
defence, n. – оборона; захист; заперечення; complete defence – достатній
захист; legal defence – захист у суді; necessary defence – необхідна оборона;
sham defence – недобросовісне заперечення, правильне за формою, але хибне по
суті; valіd defence – юридично обґрунтоване заперечення; to conduct one's own
defence – відмовлятися від захисту адвокатом; to conduct/to maіntaіn defence –
здійснювати захист у справі; to forestall a defence – перехоплювати
аргументацію захисту; to make/to set up defence – захищатися в суді; to support
defence – підтримувати захист.
case, n. – судова справа; версія; cognіzable case – підсудна справа;
court/law/legal case – судова справа; thіn/trumped-up case – сфальсифікована
справа; to carry/to read a case – вести справу в суді; to close a case/to dіsmіss a
case – припиняти справу; to commence/to іnіtіate/to develop a case – порушувати
судову справу; to conduct/to process a case – розпочинати судову справу; to fіle a
case – подавати позов; to lose a case – програвати справу; to make out the/to
reach/to wіn а case – вигравати справу; to prepare a case for trіal – готувати справу
для розгляду в суді; to revіew the case – переглядати справу.
expert, n. – експерт; court/legal expert – судовий експерт; court-
appoіnted/judіcіally appoіnted expert – експерт за призначенням суду; expert
evіdence – висновок судової експертизи; expert examіnatіon – експертиза; expert
for the defence – експерт, запрошений за клопотанням захисту; expert for the
People/prosecutіon/State – експерт, запрошений за клопотанням обвинувачення;
expert on legal questіons – юрисконсульт; to consult an expert – консультуватися з
експертом.
conception, n. – ідея; поняття; концепція; basіc conceptіon – основна
концепція; legal conceptіon – правова концепція.
will, n. – воля; заповіт; legіslatіve wіll – воля законодавця; notarіal wіll –
нотаріально оформлений заповіт; nuncupatіve/parol wіll – усний заповіт;
probated wіll – затверджений заповіт; solemn wіll – урочисте волевиявлення;
unsolemn wіll – неформальне волевиявлення; to wіll away – позбавляти
спадщини.
lease, n. – наймання нерухомості, оренда; building lease – оренда землі під
забудівлю; equipment lease – довготермінова оренда устаткування; lease contract
– угода про оренду; long/perpetual lease – довготривала оренда; perpetual lease –
спадкова оренда; short/operatіng/short lease – короткотермінова оренда; under
lease – суборенда; to draw up a lease – укладати договір про оренду; to have on/to
hold on lease – орендувати; to let on lease – здавати в оренду.
certificate, n. – посвідчення; свідоцтво; довідка; baptismal certificate – довідка
про хрещення; certificate for marriage/marriage certificate – свідоцтво про шлюб;
certificate of acknowledgement/notary's certificate – нотаріальне свідчення;
certificate of birth/birth certificate – свідоцтво про народження; certificate of
conviction – довідка про судимість; certificate of death/death certificate –
свідоцтво про смерть; certificate of identification/identity – посвідчення особи;
insurance certificate – страховий сертифікат; interim/temporary certificate –
тимчасове свідчення; registration certificate – посвідчення на право проживання.

VOCABULARY EXERCISES

I. Match the words with their definitions

1. application a) a formal, usually written, request for something such as a job,

place at university, or permission to do something.
2. argument b) a lawyer in Britain who can argue cases in the higher law
courts.
3. barrister c) a legal agreement which allows you to use a building, car etc for
a period of time, in return for rent.
4. circuit judge d) a legal document that says who you want your money and
property to be given to after you die.
5. defence e) a set of reasons that show that something is true or untrue, right
or wrong etc.
6. lawyer f) a type of lawyer in Britain who gives legal advice, prepares the
necessary documents when property is bought or sold, and defends
people, especially in the lower courts of law.
7. lease g) any of the judges appointed under the provisions of the Courts
Act 1971 from among those who have had a ten-year Crown Court
or county court advocacy qualification or who are recorders.
8. puisne judge h) any ordinary judge of the High Court.
9. solicitor i) someone whose job is to advise people about laws, write formal
agreements, or represent people in court.
10. will j) the things that are said in a court of law to prove that someone is
 not guilty of a crime.

II. Match the verbs on the left with their corresponding definitions on the right

1. to advise a) to be a member of a group or organization.

2. to appear b) to be employed to give advice on a subject about which you have
special knowledge or skill.
3. to argue c) to begin to take part in an activity that other people are involved in.
4. to belong d) to go to a law court or other official meeting to give information,
answer questions etc.
5. to join e) to have the right to have or do something, or to give someone this
right.
6. to qualify f) to state, giving clear reasons, that something is true, should be done
etc.
7. to retire g) to stop working, usually because you have reached a certain age.

III. Match the words in column A with their synonyms in column B and
antonyms in column C

A B C
Word Synonym Antonym
1. difficult 2a. complicated 3a. celibate
2. exclusive 2b. conjugal 3b. common
3. good 2c. detached 3c. common
4. inferior 2d. easy 3d. complicated
5. lower 2e. exceptional 3e. excellent
6. matrimonial 2f. gifted 3f. friendly
7. own 2g. individual 3g. general
8. petty 2h. inexperienced 3h. important
9. remote 2i. second-rate 3i. incompetent
10. straightforward 2j. subordinate 3j. old
11. unique 2k. unimportant 3k. simple
 12. young 2l. unique 3l. superior

IV. Learn the meaning of the words

defence, n. the lawyer or lawyers whose job is to prove in a court that

someone did not commit a crime or do smth. wrong.
defendant, n. the person in a court who is being sued by another person or who
is accused of committing a crime.
defender, n. someone who supports something or works to prevent it from
being lost or taken away.
defenceless, adj. weak and unable to protect yourself.
defensible, adj. a defensible belief or idea is one that you can support well against
criticism.
defensive, adj. intended or used for protecting a place during an attack.
defend, v. to act as a lawyer for someone who has been charged with a
crime.

V. Fill in the gaps in the sentences below using the words from exercise IV
1. Cooper believes the plan is fair and legally … .
2. He mounted a surprisingly effective … .
3. He presented himself as a … of democracy.
4. It was an evil crime against a … old man.
5. She decided to conduct her own … .
6. She hired one of the UK’s top lawyers to … her.
7. The … has tried to discredit the witness.
8. The … will begin giving evidence tomorrow.
9. The … was ordered to pay the legal costs.
10. The three … have pleaded not guilty.

VI. Find synonyms of the following word combinations

1. certificate of identification; 2. certificate of birth; 3. conduct a case; 4. court
case; 5. court-appointed expert; 6. death certificate; 7. dismiss a case; 8. expert for the
prosecution; 9. interim certificate; 10. legal expert; 11. long lease; 12. maintain
defence; 13. notary's certificate; 14. nuncupative will; 15. short lease; 16. thin case.

VII. Match each of the following verbs with all possible nouns given in the box

a) a (the) case; b) (a) defence; c) an expert; d) a lawyer; e) lease.

1. to carry; 2. to close; 3. to commence; 4. to conduct; 5. to conduct; 6. to consult;

7. to develop; 8. to dismiss; 9. to forestall; 10. to file; 11. to initiate; 12. to let on; 13.
to lose; 14. to make; 15. to maintain; 16. to obtain; 17. to process; 18. to reach; 19. to
read; 20. to review; 21. to support; 22. to win.

VIII. Fill in the gaps in the word combinations given below with the prepositions at,
for, in, of, on, out, to, up, upon

1. ballot … a list; 2. carry … a campaign; 3. certificate … conviction; 4. chamber

… commerce; 5. draw … a lease; 6. enter … a campaign; 7. expert … the defence; 8.
expert … legal questions; 9. have … lease; 10. hold … lease; 11. let … lease; 12.
make … the case; 13. party … fault; 14. set … defence; 15. Solicitor … the Treasury.

IX. Fill in the gaps in the sentences below. The first letter or letters of the missing
words are given, and the dashes correspond to the number of missing letters

1. He was confident the c_ _ _ against him would be dropped.

2. His father didn't leave him anything in his w_ _ _.
3. In the UK a bar_ _ _ _ _ _ represents people in the higher courts.
4. Our findings were checked by a panel of independent ex_ _ _ _s.
5. Seek advice from your la_ _ _ _ before you finalize the contract.
6. Some shareholders have not received their share certi _ _ _ _ _ _s.
7. The de_ _ _ _ _ has tried to discredit the witness.
8. The report challenges traditional conce_ _ _ _ _s of the role of women in
society.
9. Under the terms of the l_ _ _ _, you are liable for any repairs to the building.
 10. You should instruct a soli_ _ _ _ _ to act for you.

ACTIVATION EXERCISES

I. Find Ukrainian equivalents of the words and word combinations given below
and make up sentences with them

basic conception; building lease; certificate for marriage; certificate of conviction;

cognizable case; commercial lawyer; common lawyer; complete defence; consulting
barrister; civil lawyer; defence lawyer; expert examination; expert on legal questions;
insurance certificate; lease contract; legal conceptіon; legal defence; legislative
lawyer; legislative will; marriage certificate; necessary defence; offіcіal solicitor;
perpetual lease; probated will; trial lawyer; under lease.

II. Find English equivalents of the words and word combinations given below
and make up sentences with them

вищий чиновник міністра юстиції; довідка про хрещення; затверджений

заповіт; здійснювати захист у справі; користуватися послугами адвоката;
неформальне волевиявлення; оренда землі під забудівлю; основна концепція;
перехоплювати аргументацію захисту; підроблена довідка; укладати договір
про оренду; урочисте волевиявлення; фахівець із загального права; фахівець із
законодавства; юрисконсульт міста.

III. Match the English and Ukrainian equivalents

1. appellate lawyer a) адвокат, який виступає в апеляційному суді

2. chamber barrіster b) баристер, який не виступає в суді
3. conduct one's own defence c) висновок судової експертизи
4. equіpment lease d) відмовлятися від захисту адвокатом
5. expert evіdence e) готувати справу для розгляду в суді
6. expert for the defence f) довготермінова оренда устаткування
7. junіor barrіster g) експерт, запрошений за клопотанням захисту
8. notarіal wіll h) криміналіст
 9. penal lawyer i) молодший з двох адвокатів однієї сторони
10. prepare a case for trіal j) недобросовісне заперечення
11. regіstratіon certіfіcate k) нотаріально оформлений заповіт
12. sham defence l) посвідчення на право проживання
13. Solicitor to the Treasury m) юридично обгрунтоване заперечення;
14. valіd defence n) юрисконсульт міністерства фінансів

IV. Match the sentence halves

1. His father left a) an exception in your case.

2. I think we can make b) by a panel of independent experts.
3. Some shareholders have not received c) him the business in his will.
4. The current lease expires d) in an argument over economic policy.
5. The defence has tried e) in two weeks time.
6. The judge dismissed f) their claim for compensation.
7. The new invention would have g) their share certificates.
8. The party is involved h) to discredit the witness.
9. Their findings were checked i) wide application in industry.
10. Your lawyer will give j) you advice on the matter.

V. Fill in prepositions, where necessary

1. A solicitor also deals … matters … Court; he does the legal work involved …
buying a house, … instance.
2. … … solicitors and barristers, there are also legal executives who work …
solicitors' firms.
3. Britain is almost unique … having two different kinds … lawyers, … separate
jobs … the legal system.
4. If the case goes … a higher Court, the solicitor still advises you, but you must
get a barrister to appear … you.
5. If you get … trouble … the police you will probably ask a solicitor to help
prepare your defence.
 6. … a civil action he can speak … the County Court, when the case is one …
divorce or recovering some debts.
7. Legal executives will often deal … the more straightforward cases themselves,
… example, preparing simple wills or leases.
8. Many problems are dealt … exclusively … a solicitor as it is his job to advise
you … legal matters … all kinds.
9. One … the most important figures … the British legal system is the solicitor.
10. The solicitor deals … petty crimes and some matrimonial matters …
Magistrates' Courts, the lowest Courts.

VI. Fill in articles where necessary

1. … solicitor does … legal work involved in buying … house, he writes legal

letters for you and carries on legal arguments outside Court.
2. Apart from … solicitors and barristers, there are also … legal executives who
work in … solicitors' firms.
3. If … case goes to … higher Court, … solicitor still advises you, but you must
get … barrister to appear for you.
4. If you get into trouble with … police you will probably ask … solicitor to help
prepare your defence and, if … offence is to be heard in … Magistrates' Court.
5. In … civil action … solicitor can speak in … County Court, when … case is
one of divorce or recovering some debts.
6. Legal executives will often deal with … more straightforward cases themselves,
for example, preparing simple wills or leases.
7. … Courts and Legal Services Act 1990 made changes basing qualifications on
certificates of advocacy and rights of audience in … courts.
8. Superior judges are … puisne judges who sit in … High Court, … Lords
Justices of Appeal in … Court of Appeal, … Law Lords in … House of Lords.
9. There are many different levels of … judges although … main division is into
inferior and superior judges.
10. To qualify as … solicitor, … young man or woman joins … solicitor as …
"clerk" and works for him whilst studying part time for … "Law Society" exams.

VII. Complete the following sentences filling in appropriate words from the box
 appear for you; chambers; deal with; higher Court; inferior; main division;
matrimonial matters; part time; petty crimes; public offices; puisne judges; separate;
serious; social classes; solicitor; straight-forward cases; superior; unique; variety.

1. A small proportion of judges are called "High Court Judges" and they … the
most … crimes.
2. Barristers do not have … in any street, they work in what are known as … ,
often in London.
3. Britain is almost … in having two different kinds of lawyers, with … jobs in the
legal system.
4. If the case goes to a … , the solicitor still advises you, but you must get a
barrister to … .
5. Legal executives will often deal with the more … themselves, for example,
preparing simple wills or leases.
6. Superior judges are the … who sit in the High Court, the Lords Justices of
Appeal in the Court of Appeal, the Law Lords in the House of Lords.
7. The committee tries to draw Magistrates from as wide a … of professions and
… as possible.
8. The solicitor deals with … and some … in Magistrates' Courts, the lowest
Courts.
9. There are many different levels of judges although the … is into … and …
judges.
10. To qualify as a …, a young man or woman joins a solicitor as a "clerk" and
works for him whilst studying … for the "Law Society" exams.

VIII. Translate the following sentences into Ukrainian paying attention to the
translation of the italicized words

1. Her income was too high to qualify her for any help with child care expenses.
2. It's a fairly straightforward operation.
3. Newspapers are paid for out of petty cash. 
4. Our production manager advises extreme caution.
5. She joined the company as a trainee three years ago.
 6. She was retired on medical grounds.
7. The company holds a unique position in the marketplace.
8. They belong to a different generation.
9. They have exclusive rights to distribute the products in the UK.
10. We are facing increasing demands for remote access from our branch offices.

IX. Translate into English

1. Баристери відрізняються від соліситорів, і для одержання кваліфікації

баристера вам необхідно скласти іспити в раді адвокатів.
2. Великобританія є унікальною державою, у правовій системі якої існує два
типи адвокатів.
3. Два види адвокатів у Великобританії – це соліситори і баристери.
4. Існує багато різних рівнів суддів, хоча основний розподіл на нижчих і
верховних суддів.
5. Майже в кожному місті є принаймні один соліситор і багато питань
вирішаються винятково соліситором.
6. Одна з найважливіших фігур у британській юридичній системі –
соліситор.
7. Після того як ви склали всі необхідні іспити, ви можете "займатися
практикою", що означає, що ви можете розпочати бізнес самостійно.
8. Соліситор має справу з дрібними злочинами і деякими матримоніальними
справами в самих нижчих магістратських судах.
9. Щоб стати суддею будь-якого рівня, необхідно бути баристером чи
соліситором.
10. Якщо вас спіткали неприємностті з поліцією, ви будете ймовірно
просити соліситора допомогти підготувати ваш захист.

SPEECH EXERCISES

I. Make up situations of your own using the given words and word
combinations
 1. Solicitors in Britain (be dealt with; deal with; every town; for instance; go to
university; important figure; involved in; join a solicitor; legal matters; legal system;
make a will; many problems; matrimonial matters; necessary exams; of all kinds; part
time; petty crimes; qualify as; start business).
2. Work of a solicitor ( appear for you; argue your case; be heard in; civil action;
get a barrister; get into trouble with; go to a higher Court; help prepare; in the County
Court; ordinary clothes; prepare the case; speak in Court for; wear a black gown
over).
3. Barristers are different from solicitors (advise on; art of; Bar Council; be called
in; be different from; be experts in; become judges; difficult points; expert on
advocacy; have a barrister; in Court; interpretation of the Law; present cases; qualify
as; take the examinations; two exceptions).
4. Work of a barrister (remote figures; for instance; public offices; be known as;
belong to institutions; ancient organizations; exclusive clubs; in many ways;
medieval in conception).
5. Legal executives (apart from; appear in court; deal with; for at least; for
example; in the County Court; Institute of Legal Executives; legal executive; limited
rights; make applications; simple wills; straightforward cases; work in a firm).

II. Complete the open dialogue and learn it by heart

E. …
L. To tell the truth Britain is almost unique in having two different kinds of
lawyers, with separate jobs in the legal system.
E. …
L. As far as I know the two kinds of lawyers are solicitors and barristers.
E. …
L. I don't think so. One of the most important figures in the British legal system is
the solicitor.
E. …
L. As far as I am concerned to qualify as a solicitor, a young man or woman joins
a solicitor as a "clerk" and works for him whilst studying part time for the "Law
Society" exams.
E. …
L. The matter is that when you have passed all the necessary exams, you can
 "practice", which means you can start business on your own.
E. …
L. In my opinion the solicitor deals with petty crimes and some matrimonial
matters in Magistrates' Courts, the lowest Courts.
E. …
L. To my mind barristers are different from solicitors. To qualify as a barrister you
have to take the examinations of the Bar Council.
E. …
L. As far as I remember there are over 5,000 barristers in England. A good one can
earn 30,000 pounds a year.
E. …
L. On the contrary only barristers can become judges in an English Court above a
Magistrates' Court.
E. …
L. I'm of the same opinion. Barristers are experts in the interpretation of the Law.
As a matter of fact they are called in to advise on really difficult points.
E. …
L. As a rule the barrister is also an expert on advocacy, the art of presenting cases
in Court.

Тема 2. Civil Law

Family law
Intellectual property

Pre-reading

Answer the question: “What is intellectual property?”

Give the definition.

1. Read the text below and check your answers.

 Intellectual property

Intellectual property (IP) is a term referring to a number of distinct types of

creations of the mind for which property rights are recognized and the corresponding
fields of law. Under intellectual property law, owners are granted certain exclusive
rights to a variety of intangible assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases, symbols, and designs, databases and
brands. Common types of intellectual property include copyrights, trademarks,
patents, technical or commercial information, industrial design rights and trade
secrets in some jurisdictions.

It is well known that the intellectual-property market in Ukraine is riddled with

piracy, counterfeiting, falsification, and other violations of rights. Notably, more than
half of 2,000 Ukrainians polled by UCEPS do not consider the protection of
intellectual property to be high in the priority of problems in the country’s economic
development. The limited solvency of the bulk of Ukrainians is a powerful stimulus
for purchasing and using products manufactured piratically. Almost 70% of
Ukrainians use falsified products labeled with recognized trade marks; only one-fifth
of them never buy such products. 42.4% of Ukrainian citizens buy cheap goods, even
though they may be forged. For almost 40% of Ukrainian consumers the quality of
falsified goods is quite acceptable. This shows that the distorted legal awareness of
the bulk of Ukrainians results basically from their limited attitude towards quality -
normal in low-income strata of the population.

Vocabulary

2. Match the words with their definitions.

1) falsification a) the exclusive and legal right,

given to the originator for a fixed
number of years, to print, publish,
perform, film, or record literary,
artistic, or musical material
2) patent b) a symbol, word, or words
 legally registered or established by
use as representing a company or
product
3) trademark c) a government authority or
license conferring a right or title
for a set period, especially the sole
right to make, use, or sell an
invention
4) copyright d) made in exact imitation of
something valuable or important
with the intention to deceive or
defraud
5) counterfeit e) changing smth. deliberately in
order to trick other people

3. Fill in the missing forms in the box below.

Noun Adjective Verb

forgery ---------- --------
--------- ---------- distort
falsification ---------- falsify
--------- polled poll
--------- violated --------

Family law

Read the text below.

English family law concerns the law relating to family matters in England and Wales.

The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England
and Wales. Each has quite different systems of family law and courts.
Family law encompasses divorce, separation, adoption, wardship, child abduction and 
 parental responsibility financial settlements and distribution of assets, domestic
violence, guardianship, and child abuse and neglect. Family law cases are heard in
both county courts and family proceedings courts (magistrates' court), both of which
operate under codes of Family Procedure Rules. There is also a specialist division of
the High Court of Justice, the Family Division which hears family law cases.
If you want to assist individuals on complex family matters, and you've got a lot of
tact, you'd probably make a good family lawyer. Other matters which are covered by
this area of law include: validity of trusts, wills and inheritance laws, deaths, pension,
retirements and other benefits, and the coverage and validity of insurance claims.
In every case, you will need to review the brief, discuss the case with the parties
involved and possibly negotiate and arrange for a settlement. If there is no settlement,
you will proceed with the case, file pleadings and motions as necessary, and argue the
case before the court. Small matters tend to be dealt with in county courts, whilst
bigger and more complicated cases may be heard in the Family division of the High
Court. You will often have to work with a wide number of different people, including
some of the most vulnerable people in society, such as children and the elderly.
Most cases will involve input from a variety of people who are associated with the
cases in different capacities. Lawyers and support staff will need to liaise and
coordinate with professionals such as law enforcement officers, doctors,
psychologists, social workers and welfare authorities, in order to deliver a seamless
and unanimous argument before the court.
The standard requirements for lawyers in this area are: a good academic record, high
proficiency in oral and written communications, good negotiation skills, a disciplined
and organised approach to work and a clear and cogent thought process. Time and
people management skills are also particularly essential.
Furthermore, when dealing with family law matters, you need to be friendly and
empathetic with your clients, understand their issues thoroughly and support and
guide them through the whole process. Moreover, you should be able to analyse what
strategies and approaches are best suited for each client.

Post-reading
2. Prepare 5 questions to the text above to help you speak about its main points.

3. Test your knowledge with the quiz below.

 MODULE TEST 1
Task 1.
Fill in the gaps in the text using the words from the table. You don’t need to use
2 words.
sentence prosecution evidence precedents innocent solicitor judge trials
barrister fair fine defendant

In many countries the legal systems are very complex. This is because they have been
developed over very long times. Every time that a new case is decided it can have an
affect on future cases. This means that the people who work in legal situations have
to be clever. They have to know and understand all the rules and 1)_____________.
A precedent is when a previous decision will have an effect on future cases as it was
related to an important point.
There are many people who work with the law, such as solicitors or judges. A
2)______________is a lawyer who spends most of their time advising their clients
and preparing legal documents, such as wills or contracts for buying and selling
houses. They need to be very careful and make sure that all the details are correct,
otherwise their clients might lose a lot of money.
A 3)_______________is a type of lawyer who works in court rooms. They will either
work for the prosecution or defense sides. If they are a 4)______________ lawyer
they are trying to prove that the 5)________________ (the person on trial) committed
a crime. They have to present 6)__________________to show that the defendant is
guilty. If they are a defense lawyer then they work for the defendant and have to
show that the evidence presented is not enough to prove that their client is guilty and
he should be judged to be not guilty.
Then there are judges and magistrates. A magistrate will hear7)___________about
less serious crimes, while a judge’s will be about more serious crimes. These are the
people who have to decide what punishment will be given to someone who is guilty.
The punishments could range from a small 8)_____________up to a long prison
9)_______________, and even a death sentence in some countries. The trial happens
in the judge’s courtroom, so the judge is responsible for making sure the trial is run
fairly and follows the law.
If a lawyer believes that a trial was not 10)______________ or there was a mistake in
the law, they can ask for a new trial that will generally be hear by an appeal court
where an appeal judge will be in charge. Often appeal judges will be the most
experienced judges in a country, so they know a lot about the law and how to apply it.
Choose the correct answer.
1) What do lawyers have to be?
A) Nice
B) Clever
C) Greedy
D) Fast workers
2) What could happen if a solicitor makes a mistake?
A) Someone who is innocent could go to prison.
B) Someone could lose their job.
C) The client could lose some money.
D) The client could learn something new.
3) What does a defense lawyer have to do?
A) Show that the prosecution’s evidence is not enough.
B) Prove that the defendant is guilty.
C) Show that the defendant was someone else.
D) Prove that the judge has made a mistake.
4) What is the most severe punishment a judge could give?
A) A long time in prison.
B) A fine.
C) A judge does not give punishment.
D) Capital punishment.
5) Why might an appeal be needed?
A) The first trial was not fair.
B) The first trial took too long to finish.
C) The first trial was done perfectly.
D) The first trial had too many people watching.
Task 2.
Read the text and decide if the following statements are true or false.
When you are in dispute with another person sometimes it is necessary to start a
claim in the civil court. We sometimes call this process “filing a claim” or “issuing a
claim”. Lawyers also say “starting proceedings”. We do not use the verb “to
prosecute” in civil law because that verb is only used in criminal law. In England
most civil claims are filed in the County Court. There are over 200 County Courts in
England and Wales. Most cities and large towns have a County Court.
The person who starts the claim is called the claimant in the UK. This person was
called the plaintiff until 1999, when there were new court rules in England to make
everything easier for people to understand. However, in the USA the claimant is still
called the plaintiff. In both England and the USA the other party is called the
defendant.
A claim form is the document that a claimant uses to start legal action against the
defendant. The claimant has to pay a court fee for the court to issue proceedings. In
the claim form, the claimant must state the amount of his or her claim and request the
defendant to pay all the legal costs of the case.
1. Starting a claim means the same as starting proceedings.________
 2. You can’t “prosecute” someone in the civil court.___________

3. There are more than 200 County Courts in England and Wales._________

4. It is free to start a claim in the County Court.___________

5. The word “plaintiff” is not used in England any more but it is used in the
USA.________

Task 3.
Match a legal term with a definition.
1 .tort law
2. liability
3. capital punishment
4. legal body
5. sue
6. victim
7. sentence
8. procedure
9. civil law
10. legislation

a. means to take legal action against someone because you believe they did
something harmful to you
b. is a law which deals with disputes between individuals or organizations
c. is a set of steps you must follow in order to do something correctly
d. is a person who suffers as a result of a crime committed by another person
e. law which is involved in getting compensation for a civil wrongdoing that caused
loss or injury
f. means punishing a person with death
g. is an organization with power to enforce laws
h. is a law or set of laws that is formally decided and put in force by a government
i. legal responsibility for something
j. means to formally decide what punishment they will get for their crime

VARIANT 2

Модуль 2
Тема 3. Business Law
Тема 4. Employment Law
Тема 3. Business Law

(Forms of business organizations)

Pre-reading

1. Answer the questions.

What types of business organizations do you know?

Why are the companies called “limited” and “unlimited”?

While-reading

Read the text and check your answers.

Company types in the USA

According to Carter McNamara (MBA, PhD) there are two basic types of U.S.
Business Organizations: For-Profit and Non-profit. A for-profit organization exists
primarily to generate a profit, that is, to take in more money than it spends. The
owners can decide to keep all the profit themselves, or they can spend some or all of
it on the business itself. Or, they may decide to share some of it with employees
through the use of various types of compensation plans, e.g., employee profit sharing.

A non-profit organization exists to provide a particular service to the community.

The word "non-profit" refers to a type of business - one which is organized under
rules that forbid the distribution of profits to owners. Non-profits are corporations
formed for a charitable, civic, or artistic purpose. Non-profits are generally exempt
from federal and state taxation on their income, and so they are often called "exempt
organizations." They rely heavily on volunteers. They put a lot of effort into fund-
raising, getting people to donate money to the organization in the form of donations.

There are 5 forms of for - profit business organizations in the USA:

 Sole Proprietor/ Sole Owner

This is the simplest way of starting a business. You are self-employed and entirely
responsible for all aspects of the management of your business.

 (General) Partnership

A general partnership (or simply partnership) is an association of two or more

people carrying on a business with the goal of earning a profit. All partners are
responsible for the debts of the partnership, profits and losses are shared between
them. Sole proprietors and partners have unlimited liability. If their business fails
they will go bankrupt and might have to sell private possessions (a house,
automobile etc.).

 Limited Partnership

A limited partnership is a form of partnership similar to a general partnership,

except that in addition to one or more general partners (GPs), there are one or
more limited partners (LPs). The responsibility of each shareholder is limited to
the amount that they contributed – they have limited liability.

 S Corporation

It has features similar to a partnership. An S-corporation must have at least one

shareholder. S corps are restricted to no more than 100 shareholders, and
shareholders must be US citizens/residents.  Also, S corporations can have only
one class of stock.

 C Corporation
The C corporation is the standard corporation, while the S corporation has elected
a special tax status with the IRS. It gets its name because it is defined in
Subchapter S of the Internal Revenue Code. C corporations have no restrictions on
ownership. C corporations can have multiple classes of stock. C corporations
therefore provide a little more flexibility when starting a business if you plan to
grow, expand the ownership or sell your corporation.

Post-reading

2. Comprehension check

Decide which of the advantages and disadvantages below you would associate
with the following forms of business. In some cases there may be more than
one correct answer.

a) a sole owner b) a partnership c) a limited partnership

Advantages

1) you have total control of your business;

2) the financial risks that you are taking are restricted;
3) you can increase your capital by selling shares.

Disadvantages

1) there is a danger that conflict of personality could ruin your business;

2) it could be difficult to expand;
3) you may have to sell your possessions if the company goes into debt.

3. Vocabulary

Use the clues to complete the sentences. The words are from the text above.

a) One of the owners of a partnership is …..

b) The only owner of a business is …..
c) Something belonging to a person or a business which can be sold is …..
d) A legal duty to other people (creditors) is …..
 e) If a sole proprietorship or a partnership fails, the owners will go …..
f) Money you owe to another person is …..

4. Reading II

Company types in the UK

The table below contains information about five types of common UK business
associations, covering the aspects of liability of owners, capital contributions and
management. (In many jurisdictions in the world, there are entities which share some
or all of these characteristics.) Look at the table and decide which entity (a-e) is being
described in each row (1-5).

a) private limited company (Ltd)

b) general partnership

c) public limited company (PLC)

d) limited partnership

e) sole proprietorship

Entity Liability of owners Capital Management

contributions
1)_________ Unlimited personal Capital needed is Business is managed
liability for the contributed by sole by the sole
obligations of the proprietor proprietor
business

2)_________ Generally no personal No minimum share Company is managed

liability of the capital requirement. through its managing
members for However, capital can director or the
obligations of the be raised through the
business issuance of shares to board of directors
members or through a acting as a whole
guarantee

3)_________ No personal liability; The minimum share Company is managed

liability is generally capital of £50,000 is by the board of
limited to shareholder raised through directors;
contributions (i.e. issuance of shares to shareholders have no
 consideration for the public and/or power to participate in
shares) existing members management

4)_________ Unlimited personal Partners contribute The partners have

liability of the general money or services to equal management
partners for the the partnership; they rights, unless they
obligations of the share profits and agree otherwise
business losses

5)_________ Unlimited personal General and limited The general partner

liability of the general partners contribute manages the business,
partners for the money or services to subject to any
obligations of the the limited limitations of the
business; limited partnership; they Limited Partnership
partners generally share profits and Agreement
have no personal losses
liability

Compare your answers in pairs.

5. Read the sentences and decide what type of organization is described. Give
your reasons.

a) A group of engineers who work together to provide design services. There are no
outside shareholders.

b) A large British company with 30 000 employees. Its shares are sold and bought on
the stock market.

c) An IT consultant who works by himself from home and visits clients in their
offices.

d) An independent British engineering company with 20 employees. It was founded

by three people who are shareholders and directors of the company. There are five
other shareholders who do not work for the company.

6. Watch the video: Main types of business.

http://www.youtube.com/watch?v=yB_T00kbdqA&feature=related

Make the notes in the table below.

Types of business Advantages Disadvantages

Sole Proprietorship
Partnership
Corporation

Тема 4. Employment Law

Employment in the UK and Ukraine

Pre-reading

Have you ever applied for a job? Have you drawn up an employment contract? What
terms and conditions did it contain? Think about your experience.

1. Reading I

The following text provides an introduction to concepts related to employment law

and recruitment, including factors to be taken into account when drawing up
employment contracts, dismissing employees and resolving disputes.

While-reading

Read the text quickly, then match each of the headings (a-g) with the paragraph (1-7)
to which it best corresponds.

a) Termination of employment e) Labour law

b) Employment tribunals f) Protecting the disabled

c) Terms of employment g) Recruitment

d) Employment legislation

Employment law

1. Employment law entails contracts between employers and employees which

are normally controlled by specific legislation. In the UK, certain laws have been
enacted regulating the areas of sex discrimination, race relations, disability, health
and safety, and employee rights in general. Also, certain aspects of employment
contracts are covered by the Trade Union and Labour Relations Act 1992.

2. In the recruiting processes, employers must take into consideration that it is

unlawful to discriminate between applicants for employment on the basis of gender,
marital status, colour, race, nationality, or ethnic or national origins. It is also
unlawful to publish job advertisements which might be construed as discriminatory.
It is unlawful for a person to discriminate against another based on sex or marital
status in the hiring process and in respect of the terms and conditions of employment.
However, there are exceptions to this rule, such as where sex or marital status is a
genuine occupational qualification (GOQ).

3. The law protects disabled persons by making it unlawful to discriminate

against such persons in the interviewing and hiring process and regarding the terms of
the offer of employment. Employers are required to make reasonable adjustments in
the place of work to accommodate disabled persons. However, cost may be taken into
account when determining what is reasonable.

4. After the employee is hired, protection is provided generally under the

Employment Rights Act 1996. In particular, this Act requires the employer to provide
the employee with a document containing the terms and conditions of employment.
The statement must include the following: identities of the parties, the date of
employment, a statement of whether there has been continuation of employment, the
amount and frequency of pay, hours of work, holiday entitlement, job title and work
location.

5. Matters related to termination of employment, such as unfair dismissal,

discriminatory dismissal or redundancy dismissal, are governed by the Employment
Rights Act 1996. Also, certain aspects of termination of employment are governed by
the Trade Union and Labour Relations Act 1992 when the decision to terminate
employment is in some way related to the activities of a trade union.

6. The protections mentioned above are largely enforced through complaints to

an employment tribunal. The tribunal has the power to render decisions and issue
orders in respect of the parties' rights in relation to complaints. It may also order
compensation for loss of prospective earnings and injured feelings.

7. Employment law relates to the areas covered above, while labour law refers
to the negotiation, collective bargaining and arbitration processes. Labour laws
primarily deal with the relationship between employers and trade unions. These laws
grant employees the right to unionise and allow employers and employees to engage
in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to
have their demands fulfilled.

Post-reading

2. Vocabulary

Match the words to form lexical collocations as they appear in Reading.

1) sex a) origins

2) marital b) dismissal

3) ethnic c) discrimination

4) holiday d) status

5) unfair e) entitlement

3. Which word in each group is the odd one out?

You may need to consult a dictionary to distinguish the differences in meaning.
a) discrimination dismissal redundancy layoff

b) hire recruit produce employ

c) labour employment work rights

d) negotiation chat bargaining parley

4. Match the verbs from the text with their definitions.

1) construe a) to organize a group of workers so that they form a trade union

2) accommodate b) to bring to an end

3) terminate c) to interpret (a word or action) in a particular way

4) unionise d) to fit in with the wishes or needs of

5. Find the words in the text above for the following definitions.

a) exclusion of employees by an employer from their place of work until certain

terms are agreed to;

b) a court order, telling someone not to do something;

c) a period of time during which people refuse to work, as a protest about pay or
conditions of work;

d) taking part in a protest outside a building, especially as part of a strike.

Reading II

Ukraine's employment and labour laws are outlined in Ukraine's Constitution and the
Labour Code of Ukraine.

While-reading

6. Read the abstract from the Labour Code of Ukraine and fill in the gaps with
the appropriate words from the box below.
citizens, enterprises, equal opportunities, gender, government, international
cooperation, principles, social needs, trade unions, unemployment

Article 3. General Principles of the State Employment Policy

The state employment policy of Ukraine shall be based on the 1) _______ as

follows:

- to secure 2) _____ ______to all citizens, irrespective of origin, social or

property status, race, ethnicity, 3)________, age, political affiliation and religious
attitudes thereof, to the implementation of right thereof to free choice of occupation
according to the respective abilities and professional training and with due account of
individual interests and 4) _______ ________;

- to encourage constructive employment, to prevent 5) _________, to create new

jobs and conditions for the development of enterprise;

- to coordinate activities in the domain of employment with other economic and

social policies on the basis of the state and regional employment programs;

- to promote cooperation of 6) _____ ______, associations or unions of

entrepreneurs, owners of 7) _________ and of institutions, organizations or
specifically authorized bodies thereof in conjunction with the state bodies of

8) ________ for the purpose of elaborating, implementing and overseeing pursuance

of measures aimed at assuring employment of the population;

- to seek 9) ________ ________ for the purpose of resolving issues related to

employment of the population, including employment of 10) _______ of Ukraine
abroad and employment of foreign nationals in Ukraine.

7. Read the letter. Fill in the gaps with the words from the table below.

employment, performance, contribution, redeploy,

requirements, opportunities, experience, redundancy
payment, reference, position

REDUNDANCY LETTER

Date
Name
Address
Dear Name,

It is with regret, that I write to confirm the outcome of a recent review by (the
Company) of its operational 1)______________, and what this means for you and
your employment.
As discussed with you, changes in the operational requirements for the business
related to (the specific reason operational requirements have changed) have
resulted in the (position title) no longer being required. Unfortunately, this means
your 2)____________ is redundant. Please understand that this decision has not been
taken lightly and is no reflection of your 3)__________in the role. As you are aware
from our previous conversations, we have worked together to explore options to
4)___________you into another role within the business including (redeployment
options explored), however despite you having fantastic skills and 5)____________,
there were no suitable 6)____________identified. Unfortunately, as we have
discussed, given that no suitable redeployment options were identified, your 7)
__________with the business will end (last date of employment).
(Name), based on your (years of service) years of valuable service with (The
Company), you are entitled to (notice weeks applicable) weeks notice.
In addition, due to your employment ending due to redundancy, you will be provided
a 8) _____________equivalent to (the redundancy payment applicable) weeks
salary.
We thank you for your valuable 9)_____________during your employment with us.
Please contact me if you wish to obtain a 10)____________in the future or if there is
any other way we can assist you during this transition period.

Yours sincerely,
(Manager Name)
(Manager Title)

8. Invent the information for the points in bold in the letter above.

9. Watch the video: The Modern Age – Age-discrimination in the workplace.

http://www.youtube.com/watch?v=_RSPuMQQr8o

a) Make notes about main principles of The Employment Equality Regulations

which came in force in 2006.
b) Answer the questions:

- Dennis Gissing mentions the main issues around managing age. What are they?

- What disadvantages of employing older people does Melanie Flogdell mention?

c) After you finish watching the video, provide some ideas to fill in the table.

Contributions of younger people to an Contributions of older people to an

organization organization
enthusiasm experience

MODULE TEST 2
Variant 1
1. Fill in the gaps in the text using the words from the table. You don’t need to use 2 words.

legislation, the right, a transaction, entities, a creditor, enterprise,

an organization, will, legal, communities, relation, equality

Civil Law shall regulate personal property and non-property relations (civil relations) founded on
the basis of legal 1) ________, goodwill and property independence of their parties. Participants of
civil relations shall include the state of Ukraine, the Autonomous Republic of Crimea, territorial 2)
__________, foreign states and other subjects of the Public Law. Besides, natural persons and legal
3) _________ represent participants of civil relations. Legal entity is 4) _________ established and
registered according to the procedure specified by the law.
Civil rights and obligations shall appear from persons’ actions provided by the civil 5) _________
acts as well as from those that are not provided hereby but generate civil rights and obligations by
analogy.
The important institutions of civil law are a transaction, ownership right and an obligation.
6) __________shall be an action of a person aimed at acquisition, changing or termination of civil
rights and obligations.
Ownership right shall be the right of an individual in a thing (property) that he/she enjoys in
compliance with the effective legislation on his/her own 7) ________ irrespective of the will of the
third persons. The owner shall have 8) ___________ to use his/her property for businesses except
for the cases provided by the law.
An obligation shall be a legal 9) __________ where one party (a debtor) shall be obliged to perform
an action (to transfer property, to do a job, to render service, to pay money etc.) to the benefit of the
other party (a creditor) or to abstain from a certain action, while the creditor shall have the right to
claim from the debtor to fulfill his obligation. A debtor and 10) _________ shall be the parties in
obligations.

2. 1.Choose the right variant.

1. Generally, Civil law _____a dispute which results in one party bringing a claim against
another party for recompense, whether financial or otherwise.
A. was involved C. involves
B. involving D. has involved
2. I _____ on the report on civil law in the library all day tomorrow.
A. will work C. am work
B. work D. will be working
3. Serious crime _______ frequently through or under the cover of legal entities.
A. is being committed C. committed
B. is committed D. have been committed
4. A community ____ be a legal entity, have the right to property and other economic rights.
A. will C. should
B. shall D. must
5. Any contract _____ to be valid.
A. ought C. must
B. should D. can

2.2.Put the verbs in brackets in the correct form.

1 Under civil law a person may be held civil liability if he/she _____ (reach) the age of 18
by the time of committing a civil fault.
2 The judge _____ (prepare) to speak on the case when he was given a letter.
3 The buyer and the seller _______ (enter) into a sales contract about real estate.
4 There __ (be) legal obligation to identify the beneficial owners of the legal person.
5 The investigator already _____ (collect) evidence on the case of burglary.

3.1. Read the passage below and choose the appropriate word (A, B, C, or D) to complete the
sentences below.
1 A prosecutors B appellants C wrongdoers D lawyers
2 A office B land C venue D building
3 A license B offer C promise D permission
4 A section B clause C item D sentence
5 A selling B buying C obtaining D refurbishment

In February 2012 a dispute from 2011 continued in the High Court in London. The dispute
continued because the claimants, who lost the original case, decided to appeal. The (1)
_______________ in this case are Hameed and Inam Faidi. In 1995 Mr and Mrs Faidi moved into a
flat in a building called Eaton Mansions. The building is located in London near Sloane Square. An
organisation called The Grosvenor Estate owns the freehold of the (2) ________________. The
Grosvenor Estate manages the building by selling long leaseholds and therefore the buyer of any
flat occupies it on a leasehold basis.
In 2010 the leaseholders of the flat directly above Mr and Mrs Faidi, Stinger Compania De
Inverion (Stinger), sold the lease on the flat for £4.7 million to The Elliott Corporation, who are
based in the Marshall Islands. Before selling the flat, the previous leaseholder obtained a (3)
_______________________ for refurbishment and then removed the carpets and put down wooden
flooring. This meant that Mr and Mrs Faidi could constantly hear the sound of shoes clicking on the
floor, which they claim is a nuisance according to the law of tort.
Mr and Mrs Faidi’s barrister said there was a (4) _______________ in the lease agreement
which states that the floors of every room except the kitchen and bathroom must be covered with
carpet. He told the court that although The Grosvenor Estate gave Stinger a licence to make
alterations to the flat in February 2007, this ‘license to alter’ did not supersede the rule about
keeping the floors carpeted and the leaseholders were therefore in breach. Lawyers for The Elliott
Corporation argued that obtaining the license for (5) _____________ meant that the freeholder
waived the requirement to carpet the floor.

3. 2. Read the passage again and decide if the statements under it are TRUE or FALSE. Check off
() the appropriate box to indicate your choice.
True False
1 The appellants own the flat at Eaton Mansions on a freehold basis.  
2 The Elliot Corporation obtained a license to refurbish their flat in 2010.  
3 The appellants’ claim is based on the defendant’s negligence.  
4 The appellants’ barrister referred to the lease agreement with The  
Grosvenor.
5 The defendant’s barrister claims that The Grosvenor Estate surrendered a  
right.

4. Match the legal terms with the definitions.

1 lawsuit
2 liability
3 litigation
4 plaintiff
5 tort law
6 breach
7 copyright
8 start-up capital
9 the articles of association
10 sole proprietorship

a) law which is involved in getting compensation for a civil wrongdoing that caused loss or
injury
b) a case before a court
c) breaking the terms of an agreement with another party
d) money to fund a new company
e) a person (or a company) who brings a case to court against another person
f) rules and regulations adopted by a corporation
g) the legal right, given to the originator to publish or record literary, artistic or musical
material
h) taking a case to court where the dispute can be heard and a decision can be made
i) a business owned by one person who is solely liable for its obligations
 j) legal responsibility for something

Variant 2

Модуль 3
Тема 5. Company Law
Тема 6. Contract Law
Тема 5. Company Law
1. Pre-reading

Study the following table, which provides information on the documents,

required to form and operate the different company types in the United States.

US entities Documents required for formation and operation

sole DBA filing
proprietorship
general General Partnership Agreement, local filings if partnership
partnership holds real estate
limited Limited Partnership Certificate, Limited Partnership
partnership Agreement
C corporation Articles of Incorporation, Bylaws, Organizational Board
Resolutions, Stock Certificates, Stock Ledger
S corporation Articles of Incorporation, Bylaws, Organisational Board
Resolutions, Stock Certificates, Stock Ledger, IRS & State
S corporation election

Work in groups and tell each other what you know about the documents
mentioned above.

2. Read the text to get more information.

Company formation and management

 A company (US Corporation) is a business association which has the character
of a legal person, distinct from its officers and shareholders. This is significant, as it
allows the company to own property in its own name, continue perpetually despite
changes in ownership, and insulate the owners against personal liability.

By contrast, a partnership is a business association which is not considered to

be a legal entity but, rather, an association of owners. However, in order to avoid
impractical results, such as the partnership being precluded from owning property in
its own name, certain rules of partnership law treat a partnership as if it were a legal
entity. Nonetheless, partners are not insulated against personal liability, and the
partnership may cease to exist upon a change in ownership, for example, when one of
the partners dies.

A company is formed upon the issuance of a certificate of incorporation by the

appropriate governmental authority. A certificate of incorporation is issued upon the
filing of the constitutional documents of the company, together with statutory forms
and the payment of a filing fee. The “constitution” of a company consists of two
documents. One, the memorandum of association (US articles of incorporation or
certificate of incorporation), states the objects of the company and the details of its
authorised capital (nominal capital). It includes information like the name, the
address of the corporation and of the corporation's registered office, and the name of
the registered agent at that office. The articles of incorporation must state the length
of time that the corporation is to exist. The duration can be either perpetual or
renewable. Another thing you'd have to provide is information about the capital
structure: how much common stock, how much preferred stock, and what are the
rights and responsibilities of each. This would be stated in the stock ledger. The stock
ledger (a record of each shareholder's ownership in a corporation) and the stock
certificates are kept with the company records.

The second document - the articles of association (US bylaws). These are the
rules and regulations adopted by a corporation. They contain provisions for the
internal management of the company, for example, shareholders' annual general
meetings, or AGMs, and extraordinary general meetings, the board of directors,
corporate contracts and loans.

The management of a company is carried out by its officers, who include a

director, a manager and a company secretary. A director is appointed to carry out and
control the day-to-day affairs of the company. A manager is delegated supervisory
control of the affairs of the company. A manager's duties to the company are
generally more burdensome than those of the employees, who basically owe a duty of
confidentiality to the company. Every company must have a company secretary. A
company's auditors are appointed at general meetings. The auditors do not owe a duty
to the company as a legal entity, but to the shareholders, to whom the auditor's report
is addressed.

Finally, a company's state of health is reflected in its accounts, including its

balance sheet and profit-and-loss account. Healthy profits might lead to a bonus (US
stock dividend) or capitalisation issue (US cash dividend) to the shareholders. On the
other hand, continuous losses may result in insolvency and the company liquidation.

Post-reading

3. Make five True/ False statements based on the text above.

4. Vocabulary

Find synonyms and antonyms in the box below for the words from the text.

a) burdensome b) perpetual c) insolvent

lifelong, relieved, eternal, overloading, unable to

pay, bankrupt, short-duration, solvent

Write five sentences with the words above.

5. Find the base form for the verbs from the text above for these definitions:

a) p------- to prevent from happening;

b) c---- to stop doing something;

 c) i------- to protect from harmful experience.

6. Fill in the gaps in the sentences with the correct form of the verbs above.

The president __________ from the pressure of public opinion.

This policy __________ the routine use of chemicals.

If we don’t get more money, the community theatre will ________ to exist here.

7. Roles in company management. Some of the important roles in company

management are discussed in the text above. Match the roles (1 - 10) with their
definitions (a - j).

1) auditor a) person appointed by a shareholder to attend and vote at a meeting in

his/her place when the shareholder is unable to attend

2)company secretary b) company director responsible for the day-to-day operation of the
company

3) director c) person elected by the shareholders to manage the company and decide
its general policy

4) liquidator d) person engaged in developing or taking the initiative to form a

company (arranging capital, obtaining personnel, making arrangements
for filing corporate documentation)
5)managing director e) person appointed by the company to examine the company's accounts
and to report to the shareholders annually on the accounts

6) official receiver f) company's chief administrative officer, whose responsibilities

include accounting and finance duties, personnel administration and
compliance with employment legislation, security of documentation,
insurance and intellectual property rights
7) promoter g) member of the company by virtue of an acquisition of shares in
a company

8) proxy h) officer of the court who commonly acts as a liquidator of a company

being wound up by the court

9) receiver i) person appointed by creditors to oversee the repayment of debts

10) shareholder j) person appointed by a court, the company or its creditors to wind up
the company's affairs
Grammar revision

Read the extract from Articles of Association for a British Virgin Islands-
registered International Business Company, noting how modals shall and may
are used.

The directors may meet together for the dispatch of business, adjourn and otherwise
regulate their meetings as they think fit. Questions arising at any meeting shall be
decided by a majority of votes; in case of any equality of votes the chairman shall
have a second or casting vote. A director may at any time summon a meeting of the
directors. If the Company shall have only one director the provisions hereinafter
contained for meetings of the directors shall not apply but such sole director shall
have full power to represent and act for the Company in all matters and in lieu of
minutes of a meeting shall record in writing and sign a note or memorandum of all
matters requiring a resolution of the directors. Such note or memorandum shall
constitute sufficient evidence of such resolution for all purposes.

1. Which of these words most closely matches the meaning of shall in each
case?

a) will b) must

2. Which of these words most closely matches the meaning of may in the text?

a) can b) could

In legal documents, the verb shall is used to indicate obligation, to express a promise
or to make a declaration to which the parties involved are legally bound. This use
differs from that in everyday speech, where it is most often used to make offers (Shall
I open the window?) or to refer to the future.

In legal texts, shall usually expresses the meaning of “must” (obligation):

Questions arising at any meeting shall be decided by a majority of votes or “will” (in
the sense of a promise).

Shall can also be used in legal texts to refer to a future action or state.
Another verb commonly found in legal documents is may, which generally expresses
permission, in the sense of “can” (this use is less common in everyday English): The
directors may meet together for the dispatch of business, adjourn and otherwise
regulate their meetings as they think fit.

3. Read the items from Articles of Association about audit procedure.

Open the brackets choosing the correct modal verb.

AUDIT

111. The directors may by resolution call for the accounts of the Company to be
examined by an auditor or auditors to be appointed by them at such remuneration as
(may/shall) from time to time be agreed.

112. The auditor (shall/may) be a member of the Company but no director or officer
(may/shall) be eligible during his continuance in office.

113. Every auditor of the Company(may/shall) have a right of access at all times to
the books of account and vouchers of the Company, and shall be entitled to require
from the officers of the Company such information and explanations as he thinks
necessary for the performance of his duties.

114. The report of the auditor shall be annexed to the accounts upon which he
reports, and the auditor (shall/may) be entitled to receive notice of, and to attend,
any meeting at which the Company's audited profit and loss account and balance
sheet is to be presented.

Тема 6. Contract Law

Pre-reading
Exercise 1B. Translate into Ukrainian.
1. reject the offer; 2. make a counteroffer; 3. counteroffer wipes out all previous
offers; 4. make a proposal; 5. acceptance can be express or implied; 6. offer specifies
the manner in which it must be accepted; 7. affirmative act; 8. requirement for a valid
contract; 9. Meeting of the minds; 10. in return for some benefit; 11. justify the
promise; 12. basic elements to a contract; 13. acceptance of the offer; 14. support the
offer and acceptance; 15. Reasonable certainty; 16. expressly limited; 17. offer
expires; 18. within a reasonable time; 19. no time limit is specified; 20, offer may be
revoked or withdrawn.
Exercise 1C. Translate into English.
1. можна скасувати або відкликати оферту; 2. у розумних часових межах; 3. екс-
пліцитно обмежений; 4. забезпечення оферти та акцепту; 5. основні складові
контракту; 6. вигода в обмін; 7. вимога до договору (аби він мав юридичну
силу); 8. Акцепт передбачає будь-які умови реалізації; 9. висунути пропозицію;
10. Висунути контроферту; 11. відхиляти оферту; 12. контроферта скасовує всі
попередні оферти; 13. акцепт може бути висловленим безпосередньо або
випливати з обставин; 14. стверджувальний акт; 15. порозуміння; 16.
компенсація за виконання зобов’язання; 17. прийняття пропозиції (акцепт); 18.
обґрунтоване усвідомлення; 19. Термін оферти закінчується; 20. термін не
встановлено.
Match the phrases in column A with their equivalents in column B.
Classification of Contracts. Unilateral and Bilateral Contracts. In a unilateral
contract, there is only one promise, and it is contained in the offer. The offer is
accepted by performance of the thing called for in the offer.
In a bilateral contract, the parties make mutual promises which are sufficient
consideration for each other. Offer, acceptance, and consideration are present at the
outset, even though the promises have yet to be performed. Each party may have a
cause of action for an attempted disavowal of the agreement by the other party, or
even for an expected (anticipatory) breach of the contract. That is, if it seems clear
that a party is not going to perform its part of the bargain, even though the time for
performance has not arrived, the other party may seek a remedy in court.
Express and Implied Contracts. The terms of an enforceable contract are usually
specific enough that it is an express contract. Sometimes, neither party really
specifies what the terms are, but their actions are such that the conditions of the
contract can be inferred. In such a situation, there may be an implied contract. More
often, the contract and some of its terms will be express, but other terms must be
implied. For example, a continuing contract for certain kinds of supplies may be
somewhat vague as to the price for each delivery. Assume that a printer regularly
buys a specific kind and quantity of paper, but the price of the paper fluctuates with
supply. Because the contract is express in most respects and regularly
performed, there is no doubt that it exists. In a dispute, however, a court may have to
decide whether an implied condition was to continue to deliver the supplies at the
original price, or to make each delivery at the current price without notice.

TEXT 4
Written and Oral Contracts. With some important exceptions, it does not matter
whether a contract is written or oral. If the basic elements are present, an oral
agreement is just as valid as a written agreement and enforceable in the same ways.
There are some instances where a contract must be in writing. First, a contract should
be written where the parties have come to an understanding in negotiations that the
final agreement will be in writing. (In this situation the contract should be reduced to
writing even if it is a type of contract which would be valid and enforceable even if it
was an oral contract.)
Second, the law requires that certain types of contracts be in writing. These are:
(1) contracts to answer for someone else’s debt, default, or wrongful act or omission;
(2) contracts by the executor or administrator of an estate to use his (the executor’s or
administrator’s) own estate to pay for damages attributable to the estate in which he
is a fiduciary; (3) prenuptial agreements or contracts between engaged couples
settling various questions of property and rights in consideration of marriage; (4)
contracts for the sale of land or any interest in land; and (5) contracts which will not
be fully performed (by at least one party) within one year.
There are some other types of contracts which must be in writing. One of the most
important of these is a commercial contract for the purchase and sale of goods
involving $ 500 or more. Further, most loan agreements must be in writing and
signed by the debtor. The requirement that a contract be written does not mean that
the contract must be
formal. The contract can be plain or fancy. It might be many pages long, and printed
or It might be just a few sketchy notes on the back of an old envelope.
VOCABULARY
ENGLISH – UKRAINIAN
acceptance акцепт
achieve goals досягати поставленої мети
acknowledge засвідчити
actual фактичний
actual loss фактичні збитки
address particular concerns відповідати конкретній ситуації
administrator розпорядник майна
affirmative act стверджувальний акт; дія (на відміну від
бездії)
amendment внесення змін
associated issues пов’язані проблеми
at the outset з самого початку
attempted disavowal спроба відмовитися від виконання зобов’язань
attending physician лікар, який опікується хворим
attest засвідчити
attorney-in-fact особа, яка діє за дорученням
attributable віднесений на рахунок
authorize передавати право
bargain угода (вигідна)
be bound to бути зобов’язаним
be in reasonable possession of one’s
wits
бути при своєму розумі
be justified мати виправдання
be liable to нести відповідальність
be of sound mind бути при повному розумі
become operative починати діяти
benefit вигода
best available way найкращий із можливих шляхів
bilateral contract двостороння угода
bound to a contract пов’язаний умовами контракту
breach of contract порушення угоди
cancellation of a contract скасування угоди
cause of action достатня підстава, аби порушити справу
close a sale завершити операцію купівлі-продажу
competent adult дієздатна доросла людина
competent to contract правоможний укладати договір
complete performance повне виконання
comply with the contract виконувати положення угоди
conform to the requirements of the law відповідати вимогам закону
consideration компенсація (збитків тощо); зустрічне
задоволення
continuing contract постійно діюча угода
contract угода; контракт
contract price or value грошова сума або вартість угоди
contract specifies угода передбачає
counteroffer контроферта
damages for breach of contract компенсаційні відшкодування за порушення
угоди
declarant заявник
default невиконання зобов’язань; не виконувати свої
зобов’язання
delay затримка
directives інструкції
disinterested особисто незацікавлений
duarable power of the attorney for
health care
довгострокове доручення на прийняття
рішень у питаннях життя та смерті
enforce the contract домагатися виконання умов угоди через суд
enforceable contract угода, виконання якої може здійснюватися
шляхом примусової судової процедури;
угода, що має позовну силу
essence of a contract зміст угоди
estate майно
excuse підстава
excuse from performing the agreement звільнити від обов’язку виконувати угоду
executor виконавець духівниці (заповіту)
expected (anticipatory) breach of the
contract
очікуване порушення договору (угоди) до
настання терміну виконання
expire припинитися із закінченням терміну,
закінчуватися
explicit condition of delivery позитивно сформульована (експліцитна)
умова поставки
express contract позитивно (експліцитно) сформульована
угода
expressly позитивно (експліцитно) сформульований
extent of treatment обсяг дій
extraordinary remedies надзвичайні засоби (судового) захисту
failure of consideration неодержання компенсацій
fiduciary довірена особа
forfeit the deposit відмовитися від прав на депозит
formal офіційний
full contract price or value повна вартість та ціна за угодою
full power to contract повна правоможність укладати договір
give grounds for a suit for damages надати підстави для початку судової справи
щодо компенсування збитків
go through with the bargain розірвати угоду
have full power бути повністю правоможним
hold by a deposit утримувати на депозиті
hold the other party liable for breach
of contract
розпочати щодо іншої сторони судову справу
з порушення угоди
illegal заборонений законом
implement life and death decisions виконувати рішення щодо життя або смерті
implied такий, що випливає з поведінки
implied contract квазіугода
implied through actions такий, що випливає із змісту дій
impossibility of performance неможливість виконання
in good faith сумлінно
in the interim тимчасово
inadequate remedy неналежний спосіб (судового) захисту
incompetence юридична недієздатність
inferred provisions умови контракту, щодо змісту яких неважко
зробити висновки
informal неофіційний
injunction судова заборона
injured party сторона, якій заподіяли збитки
insane person психічно хвора особа; неосудний
interest частка у володінні майном
interpret трактувати
legal devices юридичні механізми
legal disability юридична недієздатність; пораження у
правах
legally competent юридично дієздатний
life-sustaining treatment заходи для підтримання життя
live up to the contract дотримуватися умов угоди
living will інструкції на період передсмертного стану
loan agreement позикова угода
long-term contract довготерміновий контракт
make informed decisions приймати відповідальні рішення
medical providers медичні працівники
meeting of the minds порозуміння
minor неповнолітня особа; неповнолітній
money damages for the loss грошова компенсація збитків
mutual promises взаємні зобов’язання
mutuality of obligation взаємність зобов’язань
non-performance невиконання угоди
notary public нотаріус
offer оферта
Ohio State Bar Association Асоціація юристів штату Огайо
Ohio State Medical Association Асоціація медичних працівників штату Огайо
original contract первинна угода
partial performance часткове виконання
party to a contract сторона, яка уклала угоду; сторона в угоді
perfect performance бездоганне виконання
perform the contract виконувати зобов’язання (контракт)
performance виконання (угоди)
permanently unconscious state кома (мед.)
precondition передумова
prenuptial agreement передшлюбна угода
prevention of performance перешкоджання виконанню
principal довіритель
promisee кредитор (особа, яка отримує вигоду від
наданого їй зобов’язання)
promisor боржник (особа, яка дає зобов’язання)
prospective можливий
prospective buyer потенційний покупець
provide for contingencies містити положення про непередбачувані
обставини
provision of a contract положення угоди
punishment for contempt of court покарання за неповагу до суду
reasonable розумний
reasonable certainty розумне усвідомлення
reasonable possibility розумна (достатня) підстава
recover the value повернути витрати
reformation внесення змін (до угоди)
refuse to execute one’s promises відмовлятися виконувати власні зобов’язання
regain the capacity повернути здатність
reject відхиляти
relinquish відмовитися (від виконання)
remedy for breach of contract засіб захисту від порушення умов угоди
repudiate the agreement скасовувати угоду
rescission of a contract розірвання угоди
revoke скасовувати
seek a remedy шукати засоби судового захисту
set off the value вирахувати витрати
specific performance виконання в натурі
subject to duress під примусом
subject to fraud внаслідок шахрайства
subject to undue influence внаслідок стороннього впливу
substantial compliance with the
agreement
суттєве виконання умов угоди
substantial performance суттєве виконання
substantially fulfill the requirements of
a contract
по суті виконувати вимоги угоди
suffer losses зазнавати збитків
tender пропозиція
terminal condition передсмертний стан
time for performance обумовлений термін виконання
unfair advantage несправедлива вигода
unilateral contract одностороння угода
unique унікальний
unobtainable by other means незамінний
unreasonably безпідставно
unrequested merchandise незамовлені товари
vague нечітко визначений
valid такий, що має юридичну силу
waiver of performance відмова від виконання угоди
war intervenes починається війна
wide notoriety широке розповсюдження
withdraw відкликати
withhold approval висловлювати невдоволення
 Module Test 3

“Corporate Law”
Variant 1
Task1
Fill in the gaps in the text using the words from the box below. You do not need to use 2
words.
constitutional  shareholders  entity  liability  articles  proprietor  statutory  member
partner memorandum  legal  regulation

Company law1 is the law which deals with the creation and (1) __________________ of business
entities. The most common forms of business (2) ______________ are companies and partnerships.
A company2 is a group of people which is treated as a (3) ____________ person, with a separate
identity from its shareholding members. It can own property, enter into contracts, sue others and be
sued. This contrasts with a partnership, which is not considered to be a legal person and is not able
to own property in its own name. Because of the limited (4) ________________ of the members of
a company for its debts, as well as its separate personality and tax treatment, the company has
become the most popular form of business entity in most countries in the world. Companies have an
inherent flexibility which can let them grow; there is no legal reason why a company initially
formed by a sole (5) _______________ cannot eventually grow to be a publicly listed company, but
a partnership will generally have a limited number of partners. A company has (6)
___________________ (those who invest money in it and get shares in return), a board of directors
(people who manage the affairs of the company) and creditors (those whom the company owes
money). Company law deals with the relationships between companies and their shareholders,
creditors, regulators and third parties. The process of registering a company is known as company
formation3. Companies can be created by individuals, specialised agents, attorneys or accountants.
Today, the majority of companies formed in the UK and the USA are formed electronically. In the
UK, a certificate of incorporation is issued once the company’s (7) _____________documents and
(8)______________forms have been filed4. The constitution of the company consists of two
documents. The (9) ___________________ of association 5 states the principle object of the
company. The second document, the (10) _________________ of association 6 regulates the
company’s internal management and administrative affairs, including matters such as the rights and
obligations of shareholders and directors, conduct the meetings and corporate contracts.

1
(USA) corporation(s) law or corporate law
2
(USA) corporation
3
also company registration (UK) and incorporation (USA)
4
(USA) generally no official certificate is issued
5
(USA) articles of incorporation or certificate of incorporation (USA)
6
(USA) bylaws

Task 2
2.1. Choose the correct option.
1. A company is a group of people which _____ as a legal person, with a separate identity from its
shareholding members.
a treats b is treated c is being treated d has been treated
2. The company ______ own property, enter into contracts, sue others and be sued.
 a can b may c has to d is to
3. Because of the limited liability of the members of a company for its debts, as well as its separate
personality and tax treatment, the company ________ the most popular form of business entity in
most countries in the world.
a can b may c is becoming d has become
4. Today, the majority of companies formed in the UK and the USA _____ electronically.
a is formed b are formed c are being formed d has formed
5. The memorandum of association _______ the principle object of the company.
a is stating b will state c states d shall state

2.2. Complete the sentences below dealing with company law using the verbs in the box.

enter into  is  makes  manages  owes  own  owns  serves on

 sue

1. The board of directors _________________________ the affairs of the company and

________________ company policy.
2. A company can _____________ property, ____________ contracts and ______________ other
persons.
3. A company director _________________ the governing board of a corporation.
4. A creditor of a company is a person or entity to whom the company ______________ a debt.
5. A sole proprietor ___________________ a company and ________________________
personally liable for its debts.

Task 3
3.1. Read the passage below and choose the appropriate word (A, B, C or D) to complete the
sentences below.
1 a concentrates b looks c views d provides
2 a winding b crediting c funding d subsidizing
3 a sport b business c corporate d fast
4 a businessmen b coaches c prosecutors d lawyers
5 a minute b memorandum c memo d note

Company Law
Course outline

This module (1) _____________ on UK company law in the context of modern capitalism
and the wider global economy. A series of introductory lectures and seminars will provide students
with an understanding of, inter alia, the rules governing incorporation, (2) ________________and
corporate finance, corporate governance and fundamental changes to the structure of the company
(including corporate insolvency and winding up). We will also consider the more general operation
of this particular form of (3) ________ vehicle. During the second half of the course, we will
examine the concepts of corporate personality, corporate rights and members’ rights in more depth
before turning to the newly introduced directors’ duties under the Companies Act 2006. Finally, we
will consider how progressive (4) _______ might work with businesses in order to ensure that
directors meet their responsibilities to their shareholders, the environment and the communities in
which they operate. One day of encouraging such a commitment is through the careful drafting of
the (5) ________ and articles, on which topic two optional half-day sessions are now offered as a
supplement to the company-law module.
3.2. Read the passage again and decide if the statements under it are TRUE or FALSE. Check
off the appropriate box to indicate your choice.
TRUE FALSE
6 This module deals with the UK and the USA company law in the context
of modern capitalism and the wider global economy.
7 The students are not to be provided with a series of introductory lectures or
seminars.
8 The course will look at the more general operation of this particular form
of a business issue.
9 During the second half of the course, he students will learn the concepts of
corporate personality, corporate rights and members’ rights in more depth.
10 The course is to examine the specifics of work of lawyers with businesses
in order to ensure that directors meet their responsibilities to their
shareholders.

Task4
Match the legal terms with the definitions.

1 inter alia a raising money to pay for a business idea

2 funding b responsibilities of leading company officers
3 winding up c among other things
4 business vehicle d type of company organisation
5 directors’ duties e process of bringing a company to the end
6 memorandum and articles f documents governing external and internal
of association relations of a company
7 business entity g a form of business where two or more people
share ownership
8 partnership h a corporation whose ownership is dispersed
among the general public in many shares of
stock 
9 publicly listed company i an authorized entity to monitor activity in the
certain sphere
10 regulator j a separate existence for the purposes of taxes. 

Variant 2
Task1
Fill in the gaps in the text using the words from the box below. You do not need to use 2
words.
 disability  harassment  diversity  CEO  proactive  legislation  gender  perspectives
 embraces  boards law power

A few Corporate Social Responsibility (CSR) Trends To Look For In 2018

1. The beginning of the end of workplace harassment and inequality

In February, Susan Fowler published her whistle blowing essay about sexism and (1)
___________ during her time at Uber. By the end of the year, the stories piled up and #MeToo took
off, making it abundantly clear that women in every industry have had to deal not only with
rampant sexual harassment, but also with corporate cultures and policies that are designed to keep
them quiet and disempowered. If 2017 was about speaking truth to power, 2018 will be focused on
concrete change, both in terms of internal reporting policies and addressing workplace inequality.
As part of this, we’re likely to see companies take a hard look at the gender makeup of their
leadership teams and (2) ___________ , and implement real steps to increase the number of women
on both.
2. Expanding the (3) ___________ conversation
The past year has been a landmark one for women in the workplace, but it’s important to
remember that diversity initiatives need to address so much more. “The diversity conversation has
to become broader – it seems to be more and more focused on (4) ____________ . It’s got to be
about more than women,” said Cecily Joseph, vice president of Symantec. Symantec defines
inclusion as “creating a workforce that (5) __________ every culture, language, age, sexual
orientation, (6) _____________, background and experience – and giving a voice to those
differences.” As the population and workforce continue to grow more diverse, companies will need
to focus on creating company cultures, experiences and products that speak to a wide range of
identities and (7) _____________.
3. Focused and forward-thinking brand activism
Much of the (8) __________ and corporate activism we witnessed this year came in
response to presidential announcements. Leading CEOs issued reactive statements on everything
from the immigration ban to public lands (9) _______________ to the transgender military ban to
white supremacy to the decision to withdraw from the Paris agreement. We’ll continue to see this,
and it’s important. But we can also expect more focused action, with companies designating social
or policy areas where they can make the most impact and devoting more resources toward (10)
_________ initiatives.

Task 2
2.1. Choose the correct option.
1. Corporate cultures and policies ________ that to keep them quiet and disempowered.
a are to be b is designed c are designed d have been
designed
2. If 2017 was about speaking truth to power, 2018 _____________ on concrete change.
a shall focus b will have been c will be focused d is to be focused
focused
3. The past year ___________ a landmark one for women in the workplace.
a has been b had been c was becoming d has to be
4. Workforce continue __________ more diverse.
a growing b are to grow c are being grown d to grow
5. They ______ make the most impact and devoting more resources toward initiatives.
a should b can c might d shall

2.2. Use the words in brackets to complete the sentences.

1. Several factory floor workers ____________ (fire) or had their wages reduced for refusing to stay
and work late when needed.
2. Andrew Kelly ___________ (think) of starting a union for the workers at RJW Ltd.
3. The company secretary _________ (modal+be) criminally liable for a default committed by the
company.
4. He _________ (unpay) debts and has been unable to pay his creditors.
5. We _______ (change) the location of the company’s registered office.

Task 3
3.1. Read the passage below and choose the appropriate word (A, B, C or D) to complete the
sentences below.
1 a prosecutor b government c court d lawyer
2 a responsibility b liability c chargeability d credibility
3 a offence b deal c case d record
4 a penalty b punishment c prosecution d control
5 a statutory b constitutional c conditional d noticeable

Company directors
There are no mandatory qualifications to become a director of a private or public limited company
(plc), although the following persons are disqualified and are not allowed to hold the position:
 an undischarged bankrupt, who has not been released by the court from his debts, unless
leave, or permission, is obtained from the (1) ________;
 a person disqualified by a court from acting as a company director. If leave is given by a
court, it must be for the person to be appointed as a director for a specific company;
 in Scotland, a person under the age of 16;
 anyone over the age of 70 in the case of a plc. This age requirement may be waived, or
ignored, in the case of a candidate named by a general meeting of the company.
Although incorporation limits (2) ____________, the directors retain personal responsibility to
ensure the company complies with the filing of documents at Companies House on time, as required
by the Companies Act. Failure to do so is a criminal offence and may result in the imposition of a
fine together with a criminal (3) _________. Persistent failure to fulfil these duties may lead to
disqualification from holding the office of director in the future.
The directors must ensure that:
g) accounts for limited companies are delivered to the Registrar of Companies within the
requisite period, normally within ten months of the accounting reference date in the case of
private limited companies or within seven months in the case of a plc, although the requisite
period may be amended by legislation. The defaulting company may be charged a late filing
(4) ___________ in addition to any other fine imposed by a court;
h) annual returns are submitted as specified by the Act. In the event that these are not
submitted, and the Registrar believes that the company is no longer operating, he may strike
it off the register and dissolve it. Any assets of the company at that point may become the
property of the Crown;
i) notice of change of directors or their details is provided to the Registrar;
j) (5) __________ notice of any change to the registered office is provided to the Registrar. If
this is not done, notices may be validly served on the registered office.

3.2. Read the passage again and decide if the statements under it are TRUE or FALSE. Check
off the appropriate box to indicate your choice.
TRUE FALSE
6 There are some mandatory qualifications to become a director of a private
or public limited company (plc).
7 Anyone over the age of 70 in the case of a plc, is not allowed to hold the
position of a director.
8 The directors are personally responsible for the company complying with
the filing of documents at Companies House on time
9 The directors are supposed to ensure that accounts for limited companies
are delivered to the Registrar of Companies within the requisite period.
10 The Registrar is informed in case of change of directors or their details.
Task4
Match the legal terms with the definitions.

1 statutory notice a anything of value that can be converted into

cash
2 to file b the document that sets up the company
3 minutes c organization established as a separate existence
for the purposes of taxes
4 asset d  the minimum legal notice that can be given
5 to impose e an official keeper of records made in a register
6 memorandum of association f  a formal arrangement in which two or more
parties cooperate to manage and operate a
business
7 business entity g a corporation whose ownership is dispersed
among the general public in many shares of
stock 
8 partnership h to make an official record of it, or to
begin a legal process
9 publicly listed company i to establish or apply by authority
10 Registrar j protocols or, informally, notes, are the instant
written record of a meeting or hearing

Модуль 4
Тема 7. Criminal Law
Тема 8. International Law
Тема 7. Criminal Law

Pre-reading

Word Study
Ex. 1. Pair the verbs in column A with a suitable phrase in column B:
A B
1. accuse someone a) in cold blood
2. arrest someone b) into custody
3. ban c) a witness
4. break d) telephone boxes
5. charge someone e) for armed robbery
6. commit f) a prison sentence
7. cross-examine g) a case
8. hijack h) with murder
9. hold up i) smoking in public places
10. murder someone j) of shoplifting
11. pinch k) the alarm
12. serve l) a crime
13. sound m) some money
14. take someone n) a plane
15. try o) the law
16. vandalize p) a bank

Ex. 2. Add nouns to the following adjectives to form noun phrases:

Adjectives: wrongful, criminal, changing, fatal, serious, summary, mental, guilty.
Nouns: act, omission, behaviour, activity, matter, habits, norms, offence, crimes,
case, element, conviction, mind, action.

While-reading

Read the text, take notes of the main idea.

A crime is an offence against the whole of society; it is a wrongful act or omission,

serious enough for the wrong-doer to be punished by the rest of the community.
Criminal behaviour is seen as sufficiently serious or deviant or immoral for the
majority of society to ban it. Of course, what may be outlawed one year may not have
been the year before. Public opinion is not set for all time and legislation reflects
changing habits and norms. Moreover, new forms of potentially criminal activity
arise, and the courts respond to those too. Thus, definitions of what is to be regarded
as criminal can change quite radically over years. Criminal law in the widest sense
covers a multitude of activities and sins – from murder, rape, arson, theft and damage
of property to the less overtly criminal matters of careless motoring, selling unfit food
or serving alcohol to a teenager. The principal areas of Criminal law are offences
against persons and offences against property. Offences against persons can be fatal
and nonfatal. The former deal with homicide (killing of a human being by a human
being) which falls into three categories: murder (premeditated unlawful killing of
another), manslaughter, infanticide. The latter covers such crimes as assault and
battery, wounding and grievous bodily harm, sexual offences (rape and others),
kidnapping. Offences against property include theft, robbery, burglary, blackmail,
arson, forgery and counterfeiting. They distinguish a group of the so-called inchoate
offences: aiding and abetting, incitement, conspiracy, attempt. There are offences
which effect the secrets of the state or international in character: piracy and hijacking,
treason, terrorism. There are a number of offences concerned with obstructing justice:
perjury, assisting offenders, concealing, refusal to assist a police officer, contempt of
court. There are also road traffic offences. As for the classification of crime the
Criminal Law Act 1967 introduced the concept of "arrestable" and "non-arrestable"
offences, thus abolishing the old distinction between felonies (serious crimes) and
misdemeanours (minor offences).
An arrestable offence is one for which no specific arrest warrant is required; a
police officer can arrest without a magistrate's warrant for a suspected crime carrying
a maximum of five years' imprisonment or more or where the penalty is fixed by law
as is the case of murder, treason and piracy with violence.
Otherwise, however, when an offence is a non-arrestable offence warrants are
issued when the defendant has failed to answer a summons and the magistrates think
it essential that he should be present at a hearing, summons is directed to a constable
and orders him to arrest the person named in it and bring him before a court. It must
contain particulars of the alleged offence.
Another way of classification is by the manner of trial. Criminal offences may be
broadly divided into two main classes: indictable offences, and offences punishable
on summary conviction before magistrates (summary offences). Indictable offences
are tried by a jury. They therefore may be generally regarded as serious ones and
summary cases as less serious or minor.
Two essential concepts in the operation of the Criminal Law are those of actus
reus and mens rea. Actus reus means the 'guilty action', mens reus – 'guilty mind'. In
other words it must be shown that the accused has committed an act or omission
which is criminal in nature. Secondly, it must be shown that he intended to commit an
offence (though it may not always be a matter of deliberate intention –
inattentiveness, recklessness or some other state of mind will suffice to constitute
mens rea). Thus actus reus is, approximately, the physical element of the crime,
mens rea the mental element. A conviction cannot be secured unless it is shown that
both factors were present. It is for the prosecution to prove mens rea and actus reus
beyond reasonable doubt;1 the burden of proof2 lies upon the Crown.

Post-reading
Ex. 3. Match the crimes and offences with the correct definition.
1.Arson a) is taking a person away by force and
keeping them
prisoner, usually in order to demand
money for their safe
return.
2. Assault b) is the serious crime of stealing large
amounts of money from a bank, a shop
or a vehicle, often using force or
threats of violence.
3. Blackmail c) is the crime of copying things such
as banknotes, letters,
official documents, etc. in order to
deceive people.
4. Burglary d) is killing a person by accident or
negligence
5. Embezzlement e) is forcing someone to have sex with
you
6. Forgery f) is the crime of deliberately setting
fire to a building.
7. Fraud g) is taking control of an aeroplane,
train, etc. by force,
usually in order to make political
demands.
8. Hijacking h) is killing a person deliberately.
9. Kidnapping i) is demanding money or favours from
someone by
threatening to reveal a secret about
them which, if made
public, could cause the person
embarrassment and harm.
10. Libel j) is deliberately taking goods from a
shop without paying for them.
11. Manslaughter k) is stealing money that is placed in
your care, often over a period of time
12. Murder l) is the crime of getting money from
someone by tricking or deceiving them.
13. Rape m) is the crime of physically attacking
someone
14. Robbery n) is printing or publishing something
which is untrue and damages another
person's reputation in some way.
15. Shoplifting o) is the crime of breaking into a house,
a flat, etc. in order
to steal things.
16. Theft p) is the crime of stealing.
Ex. 4. Fill in the missing crimes and offences in the sentences below. Choose from
the words in the previous two exercises.

1. The chief cashier admitted taking 30,000 of the firm's money during the previous
three years and was found guilty of _____.
2. She sued the newspaper for ______ when it printed a story about her in which it
claimed she had once been arrested for taking drugs.
3. The supermarket decided to install closed-circuit television in order to combat the
problem of _______.4. This is the sixth fire in the area in the past month. The police
suspect ____.
5. He pleaded not guilty to murder but guilty to ______ saying that the gun had gone
off
and killed his wife by accident.
6. There have been so many cases of _______ in the street recently that the police are
advising residents to install alarms and to notify neighbours when they go out.
7. The customs officer found nearly ?20,000 worth of cut diamonds hidden in the
man's
guitar case. He was arrested and charged with _______.
8. Pop stars and famous people often employ bodyguards for themselves and
members
of their families as they are constantly worried about _______.
9. Most people of my generation remember the ____ of President Kennedy in Dallas
in
November 1963.
10. It looked like a real 20 note but on closer examination you could see that it was a
very clever _______.

5. Fill in the gaps in the text using the words from the table. You don’t need to
use 2 words.

an offender, form, wish, a sane, could, to avoid,

grave, offenses, crime, a person, liability, proceedings

Criminal Law
Criminal Law is aimed to provide legal protection of the rights and liberties of the
human being and citizen, property, public order and public safety, the environment,
and the constitutional order of Ukraine against criminal encroachments, to secure
peace and safety of mankind, and also to prevent 1) ________. To this aim, the
Criminal Law defines which socially dangerous acts or omissions count as 2)
__________, and which punishments are to be imposed upon persons who commit
them. A criminal offense shall mean a socially dangerous culpable act (action or
omission) prescribed by Criminal Code and committed by 3) __________.
Depending on the gravity, criminal offenses shall be classified as minor offenses,
medium 4) __________ offenses, grave offenses, or special grave offenses.
A criminal offender shall mean 5) ___________ person who has committed a
criminal offense at the age of criminal liability may rise under Criminal Code.
One of the most important concepts of criminal law is guilt. Guilt shall mean a
mental stance of a person in regard to the performed act or omission under Criminal
Code and to the consequences thereof, as expressed in the 6) _______ of intent or
recklessness.
An intent may be direct or indirect. The intent is direct where 7) ________ was
conscious of the socially injurious nature of his/her act (action or omission),
anticipated its socially injurious consequences, and wished them. The intent is
indirect where a person was conscious of the socially injurious nature of his/her act
(action or omission), foresaw its socially injurious consequences, and anticipated,
though did not 8) ________ them.
Recklessness subdivides into criminal presumption and criminal negligence.
Recklessness is held to be criminal presumption where a person anticipated that
his/her act (action or omission) may have socially injurious consequences but
carelessly expected 9) ________ them.
Recklessness is held to be criminal negligence where a person did not anticipate that
his/her act (action or omission) may have socially injurious consequences, although
ought to and 10) ________ anticipate them.

6. Choose the right variant.

 This murder case _____ by the policemen now.
A. is investigating C. is being investigating
B. is being investigated D. investigates
 All you can do is try and solve crimes after they ______.
A. happen C. are happening
B. have happened D. will happen
 He became a good investigator after many serious crimes _____ by him.
A. had been examined C. was examined
B. examined D. has been examined
 The jurors _____ the verdict since 10 o’clock.
A. discuss C. are discussing
B. had been discussing D. have been discussing
 In the case of first offenders, when the offence is a minor one, i.e., not
intentional or culpable, the law _____ for treatment outside the institution.
A. has provided C. provided
 B. is providing D. provides

7. Put the verbs in brackets in the correct form.

 Under criminal law a person may be held criminally responsible if he _____

(reach) the age of 14 by the time of committing a crime.
 The judge _____ (prepare) to speak on the case when he was given a letter.
 Yesterday the police _____ (fine) him for driving in the excess of the speed
limit.
 The accused _____ (guarantee) the right to defence.
 The investigator already _____ (collect) evidence on the case of burglary.

8. Read the passage below and choose the appropriate word (A, B, C, or D) to
complete the sentences below.
1 A trespasser B perpetrator C robber D thief
2 A accomplice B perpetrator C colleague D fellow
3 A prohibited B forbidden C criminal D illegal
4 A occurrence B commission C occasion D happening
5 A offence B transgression C breach D disturbance

The person who commits the crime is the 1)________, the principle (though
two or more persons may be perpetrators, for example, "group rape" or conspiracy).
The person who plays a secondary role, assists the principal, is the 2)_______, the
accessory. Principles may be either in the first or in the second degree1, while
accessories may be either before or after the fact.
A principal in the first degree is the person who actually did the 3)______ act
or was guilty of criminal omission, either with his own hand or through an innocent
agent,e.g. a child.
A principal in the second degree is the person who, without actually taking
part, is present at the 4)_______ of a crime. An accessory before the fact is one who,
without being present at its commission, advises or procures it to be done, and does
not countermand it before it is done. An accessory after the fact is one who assists or
permits the escape of the criminal. Thus, accomplices may be charged with
procuring an 5)_______, abetting, aiding or counselling. Sometimes aiding and
abetting are regarded as meaning much the same thing.
9. Read the passage again and decide if the statements under it are TRUE or
FALSE. Check off () the appropriate box to indicate your choice.
True False
1 The accomplice is one who assists the principal.  
2 Principles may be only in the first or in the second degree.  
3 Principles may be either before or after the fact.  
4 Is an accessory after the fact is one who delays the escape of  
the criminal?.
5 May the accomplice charge with procuring an offence,  
abetting, etc.?

10. Match the legal terms with the definitions.

criminal
liability
accomplice
mens rea
lawsuit
endangerment
hooliganism
murder
death penalty
theft offence

a) one associated with another especially in wrongdoing

b) a case before a court
c) to create a dangerous situation
d) the crime of unlawfully killing a person especially with malice aforethought
e) violent, or destructive behavior
f) dishonestly appropriates property belonging to another with the intention of
permanently depriving the other of it
g) death as a punishment given by a court of law for very serious crimes
h) relating to crime or to the prosecution of suspects in a crime
i) legal responsibility for something
j) intention to do something criminal

Тема 8. International Law

Pre-reading
The term international law can include public international law, private
international law and, more recently, supranational law.
1. Discuss these questions.
a) What is the difference between public international law and private international
law?
Which bodies or organisations are involved?
b) How can a nation state be compelled to obey international law? Can you think of
any examples of a country that has violated international agreements?
c) What are the consequences if a private individual or company breaks the
laws of another jurisdiction?

While-reading
2. Read the text and answer these questions.
a) What are the three main sources of public international law?
b) What are the two principal questions which private international law is
concerned with?
c) What is meant by a supranational legal framework?

In its widest sense, international law can include public international law,
private international law and, more recently, supranational law. In its narrowest
meaning, the term international law is used to refer to what is commonly known as
public international law. Private international law is also referred to as conflict of
laws. Conflict of laws can also refer to conflicts between states in a federal system,
such as the USA.
Public international law is the body of rules, laws or legal principles that govern the
rights and duties of nation states in relation to each other.
It is derived from a number of sources, including custom, legislation and
treaties. Article 2 of the Vienna Convention on the Law of Treaties (1969) defines a
treaty as ‘an international agreement concluded between States in written form and
governed by international law ...’.
These treaties may be in the form of conventions, agreements, charters,
framework conventions or outline conventions. Custom, also referred to as customary
international law, is another binding source of law, and originates from a pattern of
state practice motivated by a sense of legal right or obligation. Laws of war were a
matter of customary law before being codified in the Geneva Conventions and other
treaties.
International institutions and intergovernmental organisations whose members
are states have become a principal vehicle for making, applying, implementing and
enforcing public international law, especially since the end of World War II. The
best-known intergovernmental organisation is the United Nations, which develops
new advisory standards, e.g. the Universal Declaration of Human Rights. Other
international norms and laws have been established through international agreements
such as the Geneva Conventions on the conduct of war or armed conflict, as well as
by other international organisations, such as the World Health Organisation, the
World Intellectual Property Organisation, the World Trade Organisation and the
International Monetary Fund.
Private international law refers to the body of rights and duties of private
individuals and business entities of different sovereign states.
 It addresses two main questions: 1) the jurisdiction in which a case may be
heard, and 2) which laws from which jurisdiction(s) apply. It is distinguished from
public international law because it governs conflicts between private individuals or
business entities, rather than conflicts between states or other international bodies.
Supranational law, or the law of supranational organisations, refers to regional
agreements where the laws of a nation state are not applicable if in conflict with a
supranational legal framework. At present, the only example of this is the European
Union, which constitutes a new legal order in international law where sovereign
nations have united their authority through a system of courts and political
institutions. The East African Community, currently a customs union in East Africa,
has ambitions to become a political federation with its own form of binding
supranational law by 2010.

3. Complete the sentences below with the prepositions from the box.

by  in  on  to  to  to  to  under

1. Parties ____ a treaty are the States or the International Organisations which have
consented to be bound _____ the treaty and for which the treaty is _____ force.
2. By becoming a signatory _______ a convention with 172 other countries, Ukraine
is taking an important step to facilitate anti-smoking legislation.
3. _____ the Convention on the Rights of the Child, persons under the age of 18 years
are entitled _____ special protection.
4. International laws apply _____ the citizens of all signatory nations.
5. The Council of Ministers of the East African Community is a policy organ whose
decisions, directives and regulations are binding ____ Partner States.

4. The text in Exercise 2 contains several adjectives formed with prefixes, such
as international and intergovernmental. Match these common prefixes (1-6) with
their meanings (a-f).

1 bi- a many
2 inter- b above, beyond
3 intra- c two
4 multi- d between, among
5 non- e not, other than
6 supra- f within, inside

5. Match these words with prefixes (1-6) with their definitions (a-f).
1 interagency a neutral, especially towards major powers
2 non-aligned b involving two groups or two countries
3 non-governmental c without any participation or representation of a
government
4 bilateral d within the boundaries of a state
 5 multinational e involving several different countries
6 intrastate f involving two or more agencies, especially
government agencies

Reading 2
In many countries, practising lawyers are required to keep their legal skills
and knowledge of the law up to date by completing certain courses. In the UK, this is
known as (CPD). The term used in the USA is Continuing Legal Education. Both
public and private legal organisations offer such courses on a wide range of topics,
from skills and ethics courses to courses providing in-depth knowledge of specific
areas of the law. CPD courses are also increasingly being offered online, as part of
distance-education programmes.
Lawyers practising in jurisdictions within the supranational legal framework
of the EU need to learn about changes in the law which affect their work. The text in
this section is an excerpt from the programme of a CPD course provider.

6. Discuss these questions.

1. Does your jurisdiction have an equivalent of CPD? What is it called?
2. Have you ever taken such a course? If so, what was the subject of the course?
3. What do you think are the advantages and disadvantages of taking CPD courses
online?

7. Quickly skim through the texts which follow. What are the topics of the two
seminars? Who are they intended for?

8. Decide which of the two courses would be suitable for each of the following
people. In some cases, neither may be suitable. Write A (Course A), В (Course
B) or N (neither).
1.  A Spanish tax lawyer advising a large corporation wants to research legal
developments relating to shareholders’ rights.
2.  An Italian lawyer is interested in recent changes in the law concerning
discrimination against people in wheelchairs in the workplace.
3.  A German in-house counsel needs to understand the differences between US and
EU employment law.
4.  A Swedish law professor wants to learn about changes affecting merger
requirements in the EU.
5. A Turkish tax lawyer wants to find out about the history of tax legislation in the
EU.
9. Underline the legal instruments mentioned in the description of Course B.
One has already been done for you (Directive).

10. Complete the definitions of instruments below using words from the box.
You may need to consult the glossary.
communications  decisions  directives  recommendations and opinions 
regulations

1. _______________________ are views and preferences expressed by EU

institutions, but they are not binding on the member states.
2. ______________________ are detailed instructions which are applicable
throughout the EU and which are directly binding on the member states, which means
that they become a part of the member state’s national legal system automatically
without the need for separate national legal measures.
3. ______________________ are EU decisions which are binding on the EU
institutions and the member states, but they are only general instructions on the goal
to be achieved; the way the goal is reached is left to the discretion of each member
state.
4. ______________________ are fully binding on those to whom they are addressed
(a member state, a company or an individual). They are based on a specific Treaty
Article and do not require national implementing legislation.
5. ______________________ are published by the Commission and set out the
background to a policy area. They usually indicate the Commission’s intended course
of action in this area.

11. Find words or phrases in the definitions in Exercise 10 which collocate with

these words.
1 binding 2 member 3 goal 4 discretion 5 action

MODULE TEST4
Variant 1
Task1
Fill in the gaps in the text using the words from the table. You do not need to use 2 words.

humans, rights, property, citizens, principle, appeal, incorporated,

force, convention, freedoms, violations, lawyers

The European Convention on Human Rights

This is a 1)________ signed by all members of the Council of Europe covering

the rights and fundamental 2) ________of all its citizens, and aims to prevent 3)
______ and breaches of human 4) ______. The convention recognises 5) _____rights,
the right of 6) ______to privaсy, the due process of law and the 7) _____of legal
review or 8) ______. The key provisions are now 9) ________by the Human Rights
Act of 1998, which came into 10) _______in the United Kingdom in October 2000.

Task 2
2.1. Choose the right variant.
1. On 9 May 1950 French Prime Minister Robert Schuman ________the first step towards a united
Europe.
A. made C. had making
B. was making D. had made
2. Every 9 May ____________as 'Europe Day'
A. is celebrating C. has celebrated
B. is celebrated D. is being celebrated
3. EU _________of seven supranational institutions.
A. consisting C. was consisted
B. has consisted D. consists
4. The European Council _______ the political agenda for EU.
A. sets C. is setting
B. set D. will set
5. The European Council_______ laws.
A. hasn’t pass C. doesn’t pass
B. isn’t passing D. hadn’t passed

2.2. Put the verbs in brackets in the correct form.

6. The institutions that _______(adopt) new laws are: the European Parliament, the Council of the
European Union and the European Commission.
7. The Court of Justice and the Court of Auditors ______(base) in Luxembourg.
8. Luxembourg _______(host) the Secretariat of the European Parliament.
9. The European Parliament elections ______(hold) every five years.
10. When the ratification process ________(complete), the treaty enters into force.

Task 3
3.1. Read the passage below and choose the appropriate word (A, B, C or D) to complete the
sentences below.
1. A rapport B support C agree D assess
2. A evaluation B implement C improvement D signing
3. A individually B autonomously C anonymously D unanimously
4. A agreement B rejection C approval D recognition
5. A force B farce C implementation D approval
How accession works
Any European country that sticks to the following principles is eligible for membership in the EU:
Stable institutions that 1) ______democracy, the rule of law, human rights, and respect for
minorities. A functioning market economy and the ability to be successful with competitive
pressures. The ability to apply the EU’s rules and policies.
When a country gives an application to join the European Union, it starts the 2)
________procedures that may, or may not, result in the country’s invitation to become a member.
The European Commission issues a formal opinion on the applicant country, after which the
Council of the European Union decides whether to accept the application.
When the Council 3) ________agrees to begin accession negotiations, discussions may be
formally opened between the candidate and all the Member States, if the applicant country has met
the principal conditions – the Copenhagen criteria.
Negotiations are conducted individually with each candidate country, moving forward from
one stage of the process to the next when all conditions have been met at each stage. After
negotiations are concluded to the satisfaction of both sides, a detailed, comprehensive Draft
Accession Treaty is submitted for 4) ______by the Council of the EU, the European Commission,
and the European Parliament. When approved, the treaty is signed by the candidate country and the
representatives of all EU Member States, after which it is submitted to all Member States and the
candidate country for ratification, according to their constitutional rules. When the ratification
process is completed, the treaty enters into 5) ______on its scheduled date, and the candidate
country becomes an EU Member State.

3.2. Read the passage again and decide if the statements under it are TRUE or FALSE.
6) There are three basic principles a country should follow to become an EU member.
7) Evaluation procedures aim to check if an applicant country is eligible for membership in the EU.
8) After the evaluation procedures an applicant country is usually invited to become a member.
9) The Draft Accession Treaty is submitted for approval by 2 institutions: the Council of the EU
and the European Parliament.
10) After the Draft Accession Treaty is approved, the treaty is signed by the applicant country and
the European Commission.
Task 4
4. Match the legal terms with the definitions.
1) representative
2) eligible (for membership)
3) application
4) to issue
5) unanimously
6) comprehensive
7) approval
8) submit
9) ratification
10) to enter into force

a) start being used

b) a process of making an agreement official
c) to give or offer something for a decision to be made by others
d) official agreement or permission, given by somebody in authority
e) including many details or aspects
f) in a way when everybody agrees and supports something
g) to announce something officially
h) an official request for a place or a job
i) allowed by rules or laws to do something or receive something
j) somebody who has been chosen/elected to give opinions and make decision

Variant 2
Task1
Fill in the gaps in the text using the words from the table. You do not need to use 2 words.

formal, human, court, citizens, protection, charity, cases, rights,

freedom, speech, religious, prosecutors

The European Court of Human Rights

This is a 1) ____that considers the rights of 2) _____of states which are parties
to the European Convention for the 3) ______of human rights, and has jurisdiction
over 4) _____that cannot be settled by the European Commission of Human Rights.
It protects many basic 5) _____, including the right to life, 6) _____from fear,
freedom from torture, freedom of 7) ______, freedom of 8) _______worship,
freedom of assembly and association, etc. Its 9) ______name is the European Court
for the Protection of 10) _______Rights.

Task 2
2.1. Choose the right variant.
1. The European Central Bank _______in Frankfurt.
A.bases C. based
B. is based D. is being based
2. The European Council __________a schedule and specific objectives for the Council of the EU,
the Commission and the European Parliament.
A. defines C. was defined
B. define D. is defining
3. The European council ________in 1974 as a forum for discussion between EU leaders
A. begins C. has begun
B. began D. was begun
4. The central role of the European Council in the EU ____________by its power of appointment.
A. illustrated C. is illustrated
B. illustrates D. has illustrated
5. The European Council ________its President by qualified majority.
A. is elected C. had elected
B. has been elected D. elects

2.2. Put the verbs in brackets in the correct form.

6. He is responsible for ________(prepare) and chairing the meetings of the European Council.
7. Decisions of the European Council _______(take) by consensus.
8. When approved, the treaty ______(sign) by the candidate country and the representatives of all
EU Member States.
9. The Schengen Agreement ______(originally sign) by five founder members in June 1990.
10. The Schengen Agreement ______(begin) as an international agreement inside the framework of
the EU.

Task 3
3.1. Read the passage below and choose the appropriate word (A, B, C or D) to complete the
sentences below.
1. A elected B supported C voted D registered
2. A legislative B legitimate C authorized D valid
3. A questions B notes C additions D amendments
4. A planetary B plenary C planned D legislative
5. A holds B forces C hosts D includes

The European Parliament (EP) is the only directly 1) ______EU institution. EP elections are held
every five years, and every EU citizen who is registered as a voter is entitled to vote. It exercises the
2) _______function of the EU and is one of the most powerful legislatures in the world. Parliament
does not have the powers of a normal national parliament – to propose new legislation: it can only
accept, reject or put forward 3) ________to laws proposed by the European Commission.

Parliament is based in three different cities with numerous buildings. 12 4) ______sessions be held
in Strasbourg, which is the Parliament's official seat, while extra part sessions as well as committee
meetings and political groups are held in Brussels. Luxembourg 5)_____the Secretariat of the
European Parliament. The European Parliament is the only assembly in the world with more than
one meeting place.

3.2. Read the passage again and decide if the statements under it are TRUE or FALSE.

6) EU citizens don’t have the right to vote in order to elect the European Parliament.

7) The Parliament supervises how other European institutions obey the EU laws.

8) The Members of the Parliament have to belong to one of seven political groups.

9) The power of the Parliament is to accept or to reject the annual EU budget.

10) The European Parliament has a major impact on passing the laws.

Task 4. Match the legal terms with the definitions.

1.entitled (to vote)
2. renewable (term)
3. amendment
4. suffrage
5. to pass (the law)
6. consent
7. to censure
8. co-decision
9. ombudsman
10. to scrutinize
a) can be valid for a further period of time after it has finished
b) a change or addition to a legal document
c) having an official right to do something
d) an agreement to do something
e) to express severe disapproval of (someone or something), especially in a formal statement
f) to examine or inspect closely and thoroughly
g) an independent official who has been appointed to investigate complaints that people make
against the government or public organizations
h) to accept a law by voting
i) a decision made jointly by two or more parts, groups, organizations,
j) the right to vote in political elections