CONTENTS

UNIT 1. WHAT IS LAW 4

UNIT 2. A CAREER IN LAW 18
UNIT 3. CONSTITUTIONAL LAW 32
UNIT 4. CONTRACT LAW 49
UNIT 5. TORT LAW 68
UNIT 6. CRIMINAL LAW 86
UNIT 7. COMMERCIAL LAW 111
UNIT 8. INTELLECTUAL 13
PROPERTY,3 LAW
UNIT 9. COMPANY LAW 16
UNIT 10. EMPLOYMENT LAW 19
UNIT 11. LITIGATION & 20
ARBITRATION
UNIT 12. INTERNATIONAL LAW 228
TEXT BANK 249
SUPPLEMENTARY 259
GRAMMAR EXERCISES
SUPPLEMENTARY VOCABULARY 279
EXERCISES
IRREGULAR VERBS 288

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 UNIT 1. WHAT IS LAW?

Reading 1. Glossary
1. dispute ɫɩɨɪ, ɪɚɡɧɨɝɥɚɫɢɟ
2. to cause a dispute ɜɵɡɵɜɚɬɶ ɫɩɨɪ
3. definition ɨɩɪɟɞɟɥɟɧɢɟ
4. prescribe rules ɩɪɟɞɩɢɫɵɜɚɬɶɩɪɚɜɢɥɚ
5. conduct ɩɨɜɟɞɟɧɢɟ
6. prescriptive laws ɩɪɟɞɩɢɫɵɜɚɸɳɢɟɡɚɤɨɧɵ
7. customs ɬɪɚɞɢɰɢɢɨɛɵɱɚɢ
8. break a law ɧɚɪɭɲɚɬɶ ɡɚɤɨɧ
9. penalty ɧɚɤɚɡɚɧɢɟɜɡɵɫɤɚɧɢɟ
10. suffer a penalty ɩɨɧɟɫɬɢɧɚɤɚɡɚɧɢɟ
11. act violently towards ɞɟɣɫɬɜɨɜɚɬɶɫɩɪɢɦɟɧɟɧɢɟɦ
ɧɚɫɢɥɢɹɜɨɬɧɨɲɟɧɢɢɤɨɝɨ-
ɥɢɛɨ
12. rules of social institutions ɩɪɚɜɢɥɚɨɛɳɟɫɬɜɟɧɧɵɯ
ɢɧɫɬɢɬɭɬɨɜ
13. carry penalties ɩɨɜɥɟɱɶɧɚɤɚɡɚɧɢɹɩɨɧɟɫɬɢ
ɧɚɤɚɡɚɧɢɹ
14. punishment ɧɚɤɚɡɚɧɢɟ
15. make laws ɫɨɡɞɚɜɚɬɶɡɚɤɨɧɵ
16. enforce laws ɩɪɢɦɟɧɹɬɶɡɚɤɨɧɵ
17. citizen ɝɪɚɠɞɚɧɢɧ
18. obey laws ɫɨɛɥɸɞɚɬɶɡɚɤɨɧɵ
19. government officials ɝɨɫɭɞɚɪɫɬɜɟɧɧɵɟɱɢɧɨɜɧɢɤɢ
20. senator ɫɟɧɚɬɨɪ
21. judge ɫɭɞɶɹ
22. legal system ɩɪɚɜɨɜɚɹɫɢɫɬɟɦɚ
23. Civil law ɝɪɚɠɞɚɧɫɤɨɟɩɪɚɜɨ
24. Public law ɩɭɛɥɢɱɧɨɟɩɪɚɜɨ
25. contract ɤɨɧɬɪɚɤɬ
26. real estate ɧɟɞɜɢɠɢɦɨɫɬɶ
27. insurance ɫɬɪɚɯɨɜɚɧɢɟ
28. negligence ɯɚɥɚɬɧɨɫɬɶɧɟɨɫɬɨɪɨɠɧɨɫɬɶ
ɧɟɛɪɟɠɧɨɫɬɶ

4

ƒ How can you define “law”?
ƒ Why do we need laws?
ƒ Who is responsible for law-inforcement?

Reading 1.

The question “What is law?” has caused disputes among

people for a long time. There are many definitions of law.
However, law can be defined as limits upon various forms of
human behaviour. Such laws prescribe rules that regulate the
conduct of people in society. They are prescriptive laws.
Since the Ancient Times the relations between people have
been regulated by prescriptive laws. The most informal of them
are customs. People learn about rules of social behaviour at
home, in school, through communication with friends and other
people. Customs are not written down and if anyone breaks a
custom, they do not suffer any penalty. But other members of
society may criticize them or even act violently towards them.
The rules of social institutions, for example sport clubs, are
more formal and usually written down. Those who break these
rules carry certain penalties. But if a person refuses to accept
any punishment, the club may only ask him to leave the club.
The most formal rules and regulations are laws made and
enforced by governments. All citizens are expected to respect
and obey laws. And though there may be instances when the
law is not enforced against someone, according to the general
nature of the law it is enforced equally against all members of
society. It means that average citizens and government officials
such as senators, judges, and even the president are required to
respect the legal system and obey its laws. No one is above the
law.

5
 Laws fall into two major groups: Civil law that concerns
disputes among citizens within a country and Public law that
concerns disputes between citizens and the state or between one
state and another. Civil law regulates many everyday situations,
such as marriage, divorce, contracts, real estate, insurance,
consumer protection, and negligence. Public law includes
Constitutional law, Criminal law and International law.

Exercise 1. Decide whether these statements are true or false

according to the information in the text. If the statement is
false, find the correct answer.

1. The laws prescribe rules that regulate the conduct of people

in society.
2. Customs are the most formal rules of social and moral
behaviour.
3. If anyone breaks a custom, he doesn’t suffer any penalty.
4. All citizens are expected to respect and obey laws.
5. Civil Law concerns disputes between citizens and the state.

Exercise 2. Answer these questions. Use the information

from the text.

1. What are prescriptive laws?

2. What laws are the most formal?
3. What penalties do people suffer if they break customs?
4. Are laws enforced equally against all members of society?
5. How do Civil and Public law differ?

Exercise 3. Complete these sentences with the correct word

or word combination.

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1. The relations between people are regulated by…………
laws.
2. The state ……….. are the most formal laws.
3. Government-made laws are ………… against the citizens.
4. Public law concerns ………...between citizens and the state.
5. A person may refuse to accept ……… when he breaks rules
of social institutions.

Exercise 4. Match the words and word combinations to their

definitions.

1. law A. to make effective

2. prescriptive law ȼ. concerns disputes among
citizens
3. dispute ɋ. limits upon various forms
of behaviour
4. to enforce the law D. disagreement or argument
about something important
5. civil law E. prescribes how people have
to behave

Language in use: Present Simple

Positive I/ You/ We/ They go

He/ She/ It goes

Negative I/ You/ We/ They do not go

(don’t)
He/ She/ It does not go
(doesn’t)

Questions Do I/ You/ We/ They go?

Does he/ she/ it go?

Use Example
1. We use the present simple We usually try to settle the

7
 to talk about habits or things problem out of court.
that we do regularly.
2. We use the present simple My sister works in a law firm.
to talk about facts or things
that are always or usually
true.
Time expressions to describe regular actions
x in September, x always, usually, often,
x in the morning/ afternoon/ sometimes, never
evening,
x every day/ week/ month, NB! These adverbs of
x once/ twice/ three times a frequency come before the
week/ month/ year main verb, but after the verb to
be: She never breaks the law.
She is seldom in bed before
midnight.
Once/ twice a week come at
the end of a sentence

Exercise 5. Complete the sentences with the correct form of

the verb. All sentences describe everyday actions.

1. They _____________ to take legal action against their

employer. (want)
2. She _________________ her lawyer for advice. (not ask)
3. _______ a solicitor_________ with papers? (work)
4. When _______ parties usually _____ to court? (go)
5. What ___________ a barrister ___________? (do)
6. A solicitor usually _______different legal documents. (draft)
7. Law students ____ different skills developing courses. (take)
8. Law degree courses _________ teaching skills. (not develop)

Exercise 6. Put the words in the right order to make a

sentence.

a. how do practise law before students graduation?

8
b. advice a solicitor offers legal
c. a barrister legal matters handles in court
d. Civil Law concern between disputes does citizens and the
state?
e. civil laws many everyday situations regulate
f. the judge investigate does the case not

Exercise 7. Complete the text with the correct form of the

verb.

In the USA a student who ______ (want) to become a lawyer

________ (complete) a four-year college programme. After that
he _______ (take) the Law School Admission Test (LSAT),
___________ (complete) law school and _______ (pass) a state-
administered bar examination. Each state ______ (set) its rules
to qualify for bar admission. However if you _______ (want) to
get a license to practice law, you must graduate from a law
school that________ (meet) certain standards, and you must
achieve a passing score on the bar examination.

Reading 2.
Read the text and complete the glossary.
Governments often make laws that are patterned upon
informal rules of people’s conduct. In fact, relations between
members of society are regulated by a combination of customs,
rules of social institutions and government-made laws. It can be
demonstrated on the incident that happened in a certain sports
club.
Let’s suppose that a footballer so much disagreed with
the decision of the referee during the game that he hit him and
broke his tooth.

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 At the level of social custom, the footballer won’t suffer
any penalty. But people would probably criticize him and try to
make him apologise.
At a more formal level of rules of that sports club the
footballer would face punishment in the form of a fine,
moreover he could be disqualified for a certain period of time.
Finally, the footballer may also face prosecution under
government-made laws for attacking the referee. In many
countries prosecution might be of two kinds – civil and criminal.
First, the referee could start a civil action demanding
compensation for his injury. Second, the police could also start
an action against the footballer for the crime of violence. In this
case the punishment may be very serious. If the court finds the
footballer guilty, he may be sent to prison, besides, the
footballer may be made to pay a fine to the court as a
punishment for an offence against the state. Governments in
many countries usually consider anti-social behavior to be a
danger to the order and well-being of society as a whole.

Glossary
government-made laws ɩɪɢɧɹɬɵɟ ɝɨɫɭɞɚɪɫɬɜɨɦ
ɡɚɤɨɧɵ
demonstrate ɞɟɦɨɧɫɬɪɢɪɨɜɚɬɶ
suppose ɩɪɟɞɩɨɥɚɝɚɬɶ
incident ɢɧɰɢɞɟɧɬɫɥɭɱɚɣ
a fine ɲɬɪɚɮ
prosecution
civil
demand compensation

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Exercise 8. Answer the questions based on the text.

1. In what way are relations between members of society

regulated?
2. What happened in a sports club?
3. How would the footballer be punished at the level of customs
and social institutions?
4. What kind of prosecution might the footballer face?
5. Who starts legal action for the crime of violence?
6. At what level might the punishment be the most serious?
Why?

Exercise 9. Match the words to make word combinations.

1. to suffer a. informal rules

2. to face b. a civil action
3. to be patterned upon c. a fine
4. to start d. compensation
5. to demand e. a penalty
6. to find f. prosecution
7. to be sent g. guilty
8. to pay h. to prison

Language in use: Present Continuous

Positive I am (‘m) doing

You/ We/ They are (‘re) doing
He/ She/ It is (‘s) doing

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 Negative I am not doing
(‘m not)
You/ We/ They are not doing
(aren’t)
He/ She/ It is not doing
(isn’t)

Questions Am I doing
Are you/ we/ they doing
Is he/ she/ it doing

Usage Example
1. We use the present Sam is reading a book.
continuous to talk about
something that is happening
now.
2. We use the present Peter is studying for his exam
continuous to talk about this weekend.
temporary situations.
Time expressions to describe actions happening now
x now, right now, at the moment, today
x this week/ month/ year
x these days

The police are looking for evidence at the moment.

Exercise 10. Decide whether the action is habitual or

temporary? Choose the correct form (the present simple or
the present continuous) of the verbs in brackets and fill in
the gaps.

Tom is a lawyer who (a. live) ……………. in New York. He

(b. get up) ……………. at about six o’clock every morning and
(c. drive) …………. to work. He (d. work) …………. in a big
room because he needs a lot of space. At work he (e. wear) a
suit and a tie. At the moment he (f. work) ……….. on a contract

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for a very important client. He (g. consider) different options
and terms.
When he (h. leave) ……… work in the evening he (i. drive)
back home. He has dinner with his family and then he (j. play)
with his children before they go to sleep. Today they (k. not
play) …………… They (l. read) …………. a book. When the
children are asleep he (m. watch) ………..the television. Now
he (n. watch)………….. the news. Usually he (o. go) …………
to bed late. But today he (p. be) ……… very tied.

Exercise 11. Complete the sentences. Use the correct forms

of the phrases in the box.

file a lawsuit, stay under arrest, talk to a suspect, speak about,

complete an internship, draft a patent, work at the law clinic

1. The purpose of his call is to inform you that his company is

__________________ against you.
2. He wants to improve his legal skills so he ____________ at
the moment.
3. The police detective can’t answer your phone call. He
__________ now.
4. He is very busy this week. He ___________ for his new
client.
5. He is a brilliant lecturer. Today he ___________ contract
formation.
6. The police think he is guilty. He ________________ at the
moment.
7. I am especially interested in commercial law, so I
__________ at a big commercial firm now.

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Exercise 12. Underline the correct form of the verb.

1. The police look / are looking for evidence at the moment.

2. The laws describe / are describing rules that regulate the
conduct of people in society.
3. The parties sign / are signing the contract at the moment.
4. We always negotiate / are negotiating the terms before
signing an agreement.
5. Now he tries / is trying to settle the case out of court.
6. The plaintiff files / is filing the complaint with the court.
7. She sues / is suing her former employers at the moment.

Exercise 13. Use the following prompts to make questions.

Use the present simple or the present continuous.

a. How often – he – travel? ____________________________

b. What – he – do – in Poland – now?____________________
c. – he – stay – there – now? ___________________________
d. – he – have – good time – at the moment? ______________
e. What – he – like – do – in his free time? _______________
f. – he – usually – travel – alone? _______________________
g. Who – arrange – his – business trips? __________________
h. – he – negotiate – an agreement – at the moment? ________
i. How many – business meetings – he – have – every day?__
________________________________________________

Exercise 14. Put the verbs in brackets into the present simple
or the present continuous.

1. We ………………….. (usually/ meet) at the sports club every

Saturday.
2. Michal Dean is a very talented lawyer. He …………….
(consult) on civil cases in both state and federal court.

14
3. J. Matthew Dwyer is a partner in a law firm where he ……….
(concentrate) on plaintiff’s personal injuries. But right now
he ………………. (focus) on aviation accidents.
4. He often …………. (lecture) on White Collar Crimes at
professional training seminars, but this week he
………….(run) a seminar on trial techniques.
5. Ben …………….. (concentrate) his practice on business,
commercial and employment litigation. Right now he
………………. (litigate) a major business dispute.
6. Abby Taylor ………… (head) a criminal defence firm which
………… (defend) cases from traffic violation to felony.
7. John often (appear) on television and radio programmes to
discuss medical negligence, but today he …….. (speak) about
product liability.
8. Mr. Gray frequently ……………. (give) speeches to large
corporate clients, today he …………… (address) top
managers of Google and Microsoft.

Exercise 15. Correct the mistakes.

1. Ms. Guest serve as a Magistrate Judge.

2. We finds solutions for clients with immigration problems.
3. She is often speaking as a legal expert at seminars for judges.
4. This week he runs seminars on patent law.
5. She doesn’t wants to represent him in court.
6. We doesn’t guarantee any positive results.
7. The police investigate this accident at the moment.

15

ƒ Why do laws exist?
ƒ What different functions do laws perform?

Reading 3.

Read the text and summarize the main idea.

Every society that has ever existed has recognized the need
for laws. But what motivates governments to create and
enforce laws? Social control is probably the first purpose. No
doubt that the power and authority of the state are established by
Public laws. The framework for peaceful interaction among
citizens is provided by civil laws. Without laws there could be
disorder and anarchy in society.
One more purpose to have laws is the implementation of
justice. But the matter is that while very few people can say
definitely what justice is, most of us feel that it is something
very important. The concept of justice differs in every culture. It
has been the subject of debates for philosophers, theologians and
legislators since the time when the Ancient Greek philosopher
Plato set up his first theory of justice.
The common place of these debates is the following. The
values which are created and dominate in society influence the
notion of justice. The word “justice” is often used together with
the word “fairness”. We all want to be treated fairly. But we all
are very different, and what is fair for one group of people may
be unfair for another one. In fact the everyday notion of justice
and fairness is rather far from their theoretical definitions. And
governments have much more practical considerations such as
rising crime rates to enforce laws.
Sometimes laws look like an attempt to use common sense,
but it is not so simple because common sense itself is a complex

16
combination of skills based upon behaviour of different people
in different situations.
In general, the motives to make and to enforce laws are based
upon several purposes. And the government-made laws reflect
this combination.

Revision

1. How may the term “law” be defined?

2. What is prescriptive law?
3. What are the three kinds of rules governing relations
between people?
4. How are customs made? How formal are they?
5. Do people suffer any penalty if they break customs?
6. Who makes and enforces laws?
7. Is the law enforced equally against all members of society?
What happens if anyone breaks a law?
8. What happened in the sports club? What does the incident
in the sports club demonstrate?
9. What penalty could the footballer suffer at the level of
customs and rules of social institutions?
10. What two kinds of prosecutions could the footballer face?
What punishment would he face?

17
 UNIT 2. A CAREER IN LAW

Reading 1. Glossary
1.legal education ɸɪɢɞɢɱɟɫɤɨɟɨɛɪɚɡɨɜɚɧɢɟ
2.demanding ɬɪɟɛɨɜɚɬɟɥɶɧɵɣ
3.challenging ɬɪɭɞɧɵɣɬɪɟɛɭɸɳɢɣ
ɧɚɩɪɹɠɟɧɢɹ
4.rewarding ɩɨɥɟɡɧɵɣɩɪɢɹɬɧɵɣ
5.barrister ɛɚɪɪɢɫɬɟɪɚɞɜɨɤɚɬɜɫɭɞɟ
6.solicitor ɫɨɥɢɫɢɬɨɪɚɞɜɨɤɚɬɞɚɸɳɢɣ
ɫɨɜɟɬɵɤɥɢɟɧɬɭ
ɩɨɞɝɨɬɚɜɥɢɜɚɸɳɢɣɞɟɥɚɞɥɹ
ɛɚɪɪɢɫɬɟɪɚɢɜɵɫɬɭɩɚɸɳɢɣ
ɬɨɥɶɤɨɜɫɭɞɚɯɧɢɡɲɟɣ
ɢɧɫɬɚɧɰɢɢ
7.to complete a course ɡɚɤɨɧɱɢɬɶɤɭɪɫ
8.Bachelor of Laws (LLB) ɛɚɤɚɥɚɜɪɸɪɢɞɢɱɟɫɤɢɯɧɚɭɤ
9.curriculum (a) ɩɪɨɝɪɚɦɦɚ
10.compulsory (core) subject ɨɛɹɡɚɬɟɥɶɧɵɣɩɪɟɞɦɟɬ
11.elective subject ɤɭɪɫɩɨɜɵɛɨɪɭ
12.legal research ɢɫɫɥɟɞɨɜɚɧɢɟɩɨɥɨɠɟɧɢɣ
ɡɚɤɨɧɚ
13.legal writing ɧɚɩɢɫɚɧɢɟ ɸɪ. ɞɨɤɭɦɟɧɬɨɜ
14.to give opportunities ɞɚɜɚɬɶ ɜɨɡɦɨɠɧɨɫɬɢ
15.to gain working experience ɩɪɢɨɛɪɟɬɚɬɶ ɨɩɵɬ
ɩɪɨɮɟɫɫɢɨɧɚɥɶɧɨɣ
ɞɟɹɬɟɥɶɧɨɫɬɢ
16.to practice law ɡɚɧɢɦɚɬɶɫɹɸɪɢɞɢɱɟɫɤɨɣ
ɩɪɚɤɬɢɤɨɣ
17.law clinic ɸɪ. ɤɨɧɫɭɥɶɬɚɰɢɨɧɧɵɣ
ɰɟɧɬɪ
18.to provide legal assistance ɩɪɟɞɨɫɬɚɜɥɹɬɶ ɸɪ. ɩɨɦɨɳɶ

18
 19.Bar Vocational Course
(BVC)
20.pupillage
21.to award Master of Laws
degree (LLM)
22.to develop skills
23.critical thinking
24.problem-solving
25.to appeal to employers
ɤɭɪɫ ɩɪɨɮɟɫɫɢɨɧɚɥɶɧɨɝɨ
ɨɛɭɱɟɧɢɹ ɧɚɚɞɜɨɤɚɬɚ
ɛɚɪɢɫɬɟɪɚ
ɨɛɭɱɟɧɢɟɩɪɚɤɬɢɤɚ, ɩɟɪɢɨɞ
ɨɛɭɱɟɧɢɹ
ɩɪɢɫɜɨɢɬɶɫɬɟɩɟɧɶɦɚɝɢɫɬɪɚ
ɩɪɚɜɚ
ɪɚɡɜɢɜɚɬɶɧɚɜɵɤɢ
ɤɪɢɬɢɱɟɫɤɨɟɦɵɲɥɟɧɢɟ
ɪɟɲɟɧɢɟɩɪɨɛɥɟɦ
ɧɪɚɜɢɬɶɫɹ ɪɚɛɨɬɨɞɚɬɟɥɟɣ

ƒ How can one become a lawyer in the UK?
ƒ Which courses do you think law students usually take?

Reading 1. Legal education in the UK

1. Studying law is demanding and challenging but it is also

intellectually stimulating and rewarding. It can lead to
various exciting careers: a barrister, solicitor, legal
secretary, paralegal or legal assistant.
2. To qualify as a lawyer in the UK, students must first
complete a three-year course for a Bachelor of Laws
(LLB) degree. The curriculum includes compulsory
subjects and electives. The core courses, or Foundations,
are: Public law, Equity and Trusts, Land law, Contract law,
Tort law, Constitutional law and EU law. In addition, law
students have to take skills developing courses: legal
research and legal writing. Family law, Tax law, Company
law, Commercial law, Litigation and Arbitration are offered
as elective subjects. Students’ choice depends on their future
career plans.

19
3. Many law schools try to offer students legal practice courses
that give them opportunities to gain working experience
before graduating. Another way to practice law is voluntary
work in a law clinic, an advice center which provides free
legal assistance.
4. After completion of a bachelor degree, a person who wishes
to qualify as a barrister takes the Bar Vocational Course
(BVC) and a year-long pupilage. Similarly, a person
wishing to become a solicitor must complete a one-year
Legal Practice Course (LPC) and the final stage includes
working for two years as a trainee solicitor.
5. If a lawyer wants to become even more qualified or go into
the academic side of the law, he or she may take a one-year
master’s course and be awarded Master of Laws (LLM)
degree.
6. Law degree courses develop skills in critical thinking,
reasoned argument and problem-solving. These qualities
appeal to employers all over the world.

Exercise 1. Match these questions (a-f) with the paragraphs

that answer them (1-6).

a. What courses does a person wishing to become a

barrister/solicitor have to complete?
b. What opportunities does the master’s degree give to
lawyers?
c. How can the study of law be characterized?
d. How can students practice law before graduation?
e. Which skills does legal education help to develope?
f. What subjects does the bachelor curriculum include?

20
Exercise 2. Match the areas of law with their definitions.

1. Company a. body of law related to family

law relationships especially, divorce, child
custody and adoption.
2. Land law b. body of law that deals with civil
wrongs resulting in an injury, other than
breach of contract, for which the court
will award damages.
3. Tax law c. body of law related to the ownership
of real estate that is land and the
buildings on it.
4. Public law d. body of law that deals with the
relationship between the state and
individuals.
5. Family law e. body of law related to forming,
registering, governing and dissolving
companies.
6. Tort law f. body of law regulating money which
may be assessed on personal and
business income, real property values
and commercial transactions paid to the
government.

Exercise 3. Find in Reading 1 as many collocations with the

words «legal” and “law” as you can. Translate them into
Russian. Make your own sentences with some of them.

21
Exercise 4. Match the verbs (1-7) with the nouns (a-g).
Recall the situations from the text in which these word
collocations are used.

1. to gain a. legal assistance

2. to award b. skills
3. to provide c. law
4. to develop d. opportunities
5. to complete e. experience
6. to practice f. a degree
7. to give g. a course

Exercise 5. Speak about “Legal education in the UK” using

the plan:

x studying for LLB degree

x studying to become a barrister/solicitor
x opportunities LLM provides
x benefits of legal education

Language in use: The Future

Talking about future actions and states in English, we can use

different grammar forms: Future Simple, be going to, or Present
Continuous.

Future Simple
Positive will
I /He/ She/ It go
Negative You/ We/ They will not
(won’t)

Questions Will I /he/ she/ it go?

you/ we/ they

22
 Use Example
1. We use the future simple to I think you will like your new
say what we think or know job.
will happen in future.
2. We use the future simple to Look. There’s Sam. I’ll say
talk about something we ‘hello’.
decide to do at the moment.
3. We use the future simple I promise. I’ll be back soon.
when we promise to do
something.
4. We use the future simple I’ll write this report for you.
when we offer to help
somebody.
Remember
We do not use the future I will call her when I complete
simple after: before, until, as my report.
soon as, after, if and when.
We use the present simple
instead.
Time expressions to denote the future
Tomorrow, next Monday /week /year, in May /the summer, on
Friday, at the weekend.

Exercise 6. What will life be like in fifty years? Look at the

prompts and make sentences using will or won’t.

1. People / stop committing crimes._______________________

2. Robots / do most of work. ____________________________
3. Legal profession / disappear. _________________________
4. Everyone / speak English. ____________________________
5. Russia / become a superpower. ________________________
6. Courts / disappear. __________________________________
7. Children / learn Law at school._________________________

23
Exercise 7. Answer the following questions about yourself
using I think, I expect, I hope, I am afraid, I am sure – to
describe your future plans.

a. What will you do after graduation?

b. When will you speak English well?
c. Where will you have your internship?
d. When will you get your Master’s degree?
e. What will you do if you are arrested?
f. Would you like to start your own law practice?
g. Which area of law are you going to specialize in?

Exercise 8. Put the verbs in brackets into the present simple

or the future simple.

1.After he……… .(complete) his Bachelor’s Degree,

he……….(qualify) as a barrister.
2. She……….(gain) working experience if she ………. (join) a
law clinic.
3. After I………. take) my Legal Practice Course, I............
(work) for two years as a trainee solicitor.
4. I………. (take) a one-year master's course when I
............(graduate).
5. After she........... (be awarded) LLM degree, she ...............
(go)into the academic side of the law.
6. If you ............... (want) to work as a sole practitioner,
you..............(have to choose) Family law as your elective
subject.
7. After we............... (study) compulsory courses,
we.................... (specialize) in Commercial and Company
law.

24

ƒ What are the two types of legal profession in the UK?

Reading 2. Solicitors and Barristers

Traditionally, if a person has a legal problem, the first point
of contact with the law in the UK is a solicitor. A solicitor
listens to the client, explains the legal position and offers legal
advice. A solicitor is a member of the legal profession, who is
qualified to provide legal assistance, deal with conveyancing,
draw up wills, draft legal documents etc.
A barrister is a specialist with particular skills in advocacy,
who examines the case and decides what line to take in court. A
barrister has “right of audience” i.e. presents the case before the
judge (and jury). So, the general difference between a barrister
and a solicitor is that a solicitor handles legal matters outside of
court while a barrister handles legal matters in court.
Nowadays, the majority of civil cases is tried in lower
(county) courts and is dealt with by solicitors. Cases of higher
value (£50.000 or above) are tried in the High Court and are
handled by barristers as the other branch of the English legal
profession.
In the past, barristers didn’t deal with the public directly.
Conversely, the public may now hire and interact with a
barrister directly in certain types of work without going to a
solicitor first.

Exercise 9. Compile the glossary.

1. to explain legal position ɪɚɡɴɹɫɧɹɬɶ ɩɪɚɜɨɜɭɸ

ɩɨɡɢɰɢɸ
2. to draw up wills ɫɨɫɬɚɜɥɹɬɶ ɡɚɜɟɳɚɧɢɹ

25
3. conveyancing ɫɨɫɬɚɜɥɟɧɢɟ ɚɤɬɨɜ ɩɟɪɟɞɚɱɢ
ɩɪɚɜ ɫɨɛɫɬɜɟɧɧɨɫɬɢ ɧɚ
ɧɟɞɜɢɠɢɦɨɫɬɶ
4.
5.

Exercise 10. Decide if the statements are true (T) or false (F),
correct the false ones.

1. The first point of contact with the law for a client is a

barrister.
2. A solicitor drafts legal documents including conveyances.
3. A barrister presents a case and represents a client in higher
courts.
4. The majority of civil cases are heard in the High Court.
5. Barristers only see the client in the company of a solicitor.

Exercise 11. Answer the following questions.

1. What are professional duties of a solicitor?

2. What are professional duties of a barrister?
3. What is the general difference between a solicitor and a
barrister?
4. How has the role of a solicitor/barrister changed?

26
 Language in Use: The Future
2. Be going to
Positive I am going

He/ She/ It is going to do the

work
You/ We/ are going
They

Negative I am not going

He/ She/ It is not, isn’t to do the
going work
You/ We/ are not,
They aren’t going

Questions Am I going
Is he/ she/ to do the
it work?
Are you/
we/ they

Use Example
1. We use be going to make a We are late. We are going to
prediction based on the present miss our train.
situation.
2. We use be going to talk I am going to discuss this
about our plans and problem with my friends.
intentions for the future.
3.Present Continuous
We can use the Present We are leaving for London
Continuous to talk about things next week.
we have planned and arranged
to do in the future

27
Exercise 12. Complete the sentences with be going to.

1. I................voluntary work in a law clinic. (do)

2. After completing a bachelor degree she..................the Bar
Vocational Course and a year long pupillage. (take)
3. He wants to become even more qualified so he................. his
master's course. (complete)
4. She................. International Trade and Arbitration. (focus on )
5. We have a dispute with our business partner but
we.................a legal action against him. (not, take)
6.....................he..........................his client in court? (represent)
7. Which area of law .....................you................... after
graduation? (specialize in)
8. I need legal assistance, so I..............................a solicitor.
(consult )
9. We..........a lawyer as the legal risk seems insignificant. (not
hire)
10 ..............you...............................a lawsuit? (file)

Exercise 13. Complete the sentences with will or be going to.

1. I am not quite sure you ………… (manage) to set up an

appointment with a barrister directly.
2. I think first of all a legal assistant or a paralegal ……….
(gather) information for the attorney to review your case.
3. …………. you ………. (apply) for this job. It sounds really
promising?
4. We ………………. (not settle) the case out of court. We have
other plans.
5. The judge ………….. (ask) him some very unpleasant
questions. He’d better be prepared.
6. I promise I ………… (tell) only the truth.
7. He ......................... (do) his internship at a big commercial
law firm.

28
Exercise 14. Use the present continuous in the following
sentences.
1.He ………… (meet) his client at seven o’clock.
2. She ……… (run) is running a seminar on Tax law next term.
3. What ……………… you (do) next Monday?
4. I ……. ….. (see) my lawyer at 10 a.m. on Friday.
5. He ……… (give) a talk on Human Rights next Tuesday.
6. They ……… (sign) the contract tomorrow morning.
7. ………….. you ………….(stay) with your friend when you
are back?

Reading 3. A lawyer’s curriculum vitae (CV)

Read the following CV and complete the missing parts with

the headings from the box.

a. Education b. E-mail c. Skills d. Address

e. Work experience
f. Nationality g. Interests h. Date of birth

Curriculum vitae
Paul J. Grant
1_______ Ziegelstr. 13c, 199 Berlin 2_______ British
3_______ pjgrant@uv.hu-berlin.de 4_______ 29 May 1992
5______________ Humboldt University of Berlin
Master’s programme in International
2015-present Dispute Resolution (LLM)

29
 Course covers the legal aspects of
International Trade and Arbitration.

2010-2014 Kent University, Canterbury, UK LLB

course included all the core legal
subjects (Foundations) with a focus on
Contract law, common law, land law and
EU law.

6_______________ Legal Assistant with the London Court

of
May 2014- International Arbitration. Drafting
February 2015 opinions dealing with shipping
and commodities disputes.
Summers Internships at a big commercial law firm,
2011-2014 Walker & Ofner, LLP, Cambridge, UK
Liaison with clients, assistance in daily
activities and trial preparation,
conducting legal research.
Languages Native English speaker; fluent in
German
Computing Proficient in Word, Windows
7________________ Strong research and writing skill

8_________ Badminton, travelling, English poetry

______________

References are available upon request.

Exercise 15. Answer the following questions about Paul J.

Grant.
x Where did he complete his first degree?
x What is he doing now?
x What languages does he speak?
x Where did he work in the summer 2012?

30
x What were his responsibilities at the London Court of
International Arbitration?

Exercise 16. Write your own CV.

___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________

Revision

1. What are the stages of legal education in the UK?

2. How can law students gain practical experience before
graduating?
What practical skills can they acquire?
3. What are the two branches of the English legal profession?
What is the general difference between them?
4. Speak about your studies of law.
5. Make a brief self-presentation.

31
 UNIT 3. CONSTITUTIONAL LAW
Reading 1. Glossary
1. ɋonstitutional Law Ʉɨɧɫɬɢɬɭɰɢɨɧɧɨɟɩɪɚɜɨ
2. state ɝɨɫɭɞɚɪɫɬɜɨɲɬɚɬ
3. entity ɫɭɛɴɟɤɬɟɞɢɧɢɰɚ
4. executive branch ɢɫɩɨɥɧɢɬɟɥɶɧɚɹɜɟɬɜɶɜɥɚɫɬɢ
5. judicial branch ɫɭɞɟɛɧɚɹɜɟɬɜɶɜɥɚɫɬɢ
6. legislative branch ɡɚɤɨɧɨɞɚɬɟɥɶɧɚɹɜɟɬɜɶɜɥɚɫɬɢ
7. authority ɩɨɥɧɨɦɨɱɢɹɜɥɚɫɶ
8. exercise one’s ɨɫɭɳɟɫɬɜɥɹɬɶɩɨɥɧɨɦɨɱɢɹ
authority
9. grant powers ɧɚɞɟɥɹɬɶɩɨɥɧɨɦɨɱɢɹɦɢ
10. tax ɨɛɥɚɝɚɬɶɧɚɥɨɝɨɦ
11. welfare ɛɥɚɝɨɫɨɫɬɨɹɧɢɟ
12. constitutional ɤɨɧɫɬɢɬɭɰɢɨɧɧɵɟɩɪɢɧɰɢɩɵ
principles
13. place limits ɧɚɥɚɝɚɬɶɨɝɪɚɧɢɱɟɧɢɹ
14. prohibit ɡɚɩɪɟɳɚɬɶ
15. sufficient cause ɞɨɫɬɚɬɨɱɧɨɟɨɫɧɨɜɚɧɢɟ
16. ratify ɪɚɬɢɮɢɰɢɪɨɜɚɬɶ
17. indicate hierarchies ɨɩɪɟɞɟɥɹɬɶɢɟɪɚɪɯɢɸ
18. jurisdiction ɸɪɢɫɞɢɤɰɢɹɩɪɚɜɨɜɚɹɫɢɫɬɟɦɚ
19. codified constitution ɤɨɞɢɮɢɰɢɪɨɜɚɧɧɚɹɤɨɧɫɬɢɬɭɰɢɹ
20. a bill of rights Ȼɢɥɥɶɨɩɪɚɜɚɯ
21. govern ɪɟɝɭɥɢɪɨɜɚɬɶɭɩɪɚɜɥɹɬɶ
22. protect one’s ɡɚɳɢɳɚɬɶɢɧɬɟɪɟɫɵ
interests
23. file a lawsuit ɩɨɞɚɜɚɬɶɢɫɤ
24. infringe ɧɚɪɭɲɚɬɶ
25. procedure ɩɪɨɰɟɞɭɪɚ
26. legislate ɢɡɞɚɜɚɬɶɡɚɤɨɧɵ
27. a body of law ɫɜɨɞɡɚɤɨɧɨɜ
28. key tasks ɤɥɸɱɟɜɵɟɡɚɞɚɱɢ

32
29. require ɬɪɟɛɨɜɚɬɶ
30. research ɢɫɫɥɟɞɨɜɚɧɢɟ

ƒ What is Constitutional law?
ƒ What issues does Constitutional law deal with?

Reading 1. A Quick Look

at Constitutional Law

ɋonstitutional law is the body of law which defines the

relationships of different entities within a state. These
relationships may include those between the states, the states
and the federal government, the three branches of the federal
government (the executive branch, the judicial branch, and
the legislative branch), the federal government and foreign
nations, individuals and the state government and individuals
and the federal government.
Constitutional law deals with the fundamental principles by
which the government exercises its authority. In some
instances, these principles grant specific powers to the
government, such as the power to tax and spend for the welfare
of the population. Other times, constitutional principles act to
place limits on what the government can do, such as
prohibiting the arrest of an individual without sufficient cause.
In most nations constitutional law is based on the text of a
document ratified at the time the nation came into being.
One of the key tasks of constitutions is to indicate
hierarchies and relationships of power. Human rights or civil
liberties form a crucial part of a country's constitution and
govern the rights of the individual against the state. Most
jurisdictions, such as the United States and France, have a

33
codified constitution, with a bill of rights. As a practical matter,
constitutional law provides a means for individuals and
organisations to protect their interests by filing a lawsuit
against those who infringe upon their rights. Another main
function of constitutions is to describe the procedure by which
parliaments may legislate.
Nowadays Constitutional law is a major focus of legal
studies and research. For example, most law students in the
United States are required to take a class in Constitutional Law
during their first year.

Exercise 1. Match the terms with their definitions.

1. the branch of government a. executive branch

having the power to make laws
2. make or enact laws
b. ratify
3. The geographic area over
which authority extends; legal
authority; the authority to hear c. legislative branch
and determine causes of
action.
4. to confirm by expressing d. legislate
consent, approval, or formal
sanction
5. the branch of government
charged with the execution and
enforcement of laws and e. jurisdiction
policies and the administration
of public affairs
6. the branch of government
charged with the interpretation
of laws and the administration f. judicial branch
of justice

34
Exercise 2. Match the words to build collocations.

place branch
executive a lawsuit
govern a document
file limits
ratify the rights

Exercise 3. Decide if the statements are true (T) or false (F).

1. Constitutional law refers to the set of laws that provides

remedies to individuals who have suffered harm by the
unreasonable acts of another.
2. Constitutional principles grant specific powers to the
government and place limits on what the government can do.
3. Human rights or civil liberties are never included in a
country's constitution.
4. Constitutional law prohibits parliaments from legislating.
5. Constitutional law regulates the relationships of different
entities within a state.

Exercise 4. Complete the sentences using the given terms.

human rights exercise the authority legislated

the executive branch
infringes upon ratify

1. All citizens of the country are equally entitled to ………….

2. The president of the United States is the head of …………..
of government.

35
3. Lincoln's home state of Illinois was the first to ……………the
13th Amendment to the U.S. Constitution, which provided
for the abolition of slavery.
4. The state ………………….. against hunting certain animals.
5. He argues that the proposed law …………………………our
guaranteed right of free speech.
6. The president must ………………..to guarantee civil
liberties to all citizens of this country.

ƒ What main principles are stipulated in the US Constitution?
ƒ Do you think it is easy to introduce changes to the US
Constitution?

Reading 2. The Seven Articles

of the US Constitution
The Articles of the US Constitution talk about the duties of the three
main bodies of the government: the Executive Branch, the Legislative
Branch, and the Judicial Branch. The articles also talk about the
separate powers of the Federal and State government, and how to
change the Constitution.
Article 1: Legislative Branch: the U.S. Congress makes laws for
the United States. Congress has two parts, called "Houses," the
House of Representatives and the Senate.
Article 2: Executive Branch: the President, Vice-President,
Cabinet, and Departments under the Cabinet Secretaries carry
out the laws made by Congress.
Article 3: Judicial Branch: the Supreme Court decides court
cases according to the US Constitution. The courts under the
Supreme Court decide criminal and civil court cases according
to the federal, state, and local laws.
Article 4: States' powers: States have the power to make and
carry out their own laws that are related to the people and

36
problems of their area. States respect other states’ laws and work
together with other states to fix regional problems.
Article 5: Amendments: The Constitution can be changed. New
amendments can be added to the US Constitution with the
approval by a two-thirds vote in each house of Congress (67,
281) and three-fourth vote by the states (38).
Article 6: Federal powers: The Constitution and federal laws
have more authority than state and local laws. All laws must
agree with the US Constitution.
Article 7: Ratification: The Constitution was presented to G.
Washington and the men at the Constitutional Convention on
September 17, 1787. Representatives from twelve out of the
thirteen original states signed the Constitution. From September
1787 to July 1788, the states met, talked about, and finally voted
to approve the Constitution.

Exercise 5. Compile the glossary.

the House of ɉɚɥɚɬɚɩɪɟɞɫɬɚɜɢɬɟɥɟɣ

Representatives
vice-President ɜɢɰɟ-ɩɪɟɡɢɞɟɧɬ
the Supreme Court ȼɟɪɯɨɜɧɵɣɫɭɞ
civil court ɝɪɚɠɞɚɧɫɤɢɣɫɭɞ
criminal court ɭɝɨɥɨɜɧɵɣ ɫɭɞ

37
Exercise 6. Comprehension questions.

x What are the two houses of the US Congress?

x Which branch of the US government enforces the laws made
by Congress?
x Can the US Constitution be changed?
x What proportion of votes is required to add changes to the US
Constitution?
x Which is the highest judicial body in the USA?
x When was the US Constitution signed?
x How many Representatives refused to sign this document?

Exercise 7. Use the Internet to find more information on the

history of the US Constitution. Prepare a short report on one
of the following topics: The Articles of Confederation;
Debating the Constitution; Ratification; The Bill of Rights.

ƒ What is the UK Constitution?
ƒ How are the Magna Carta and the UK Constitution
connected?

Reading 3. The constitutional framework

of the United Kingdom

The United Kingdom is one of the few countries of the

world that does not have a written constitution. It just has the so
called "uncodified constitution".
The "British Constitution" is a set of rules and regulations
constituted by laws, various treaties and international

38
agreements. This uncodified constitution has largely developed
out of historic English law.
The founding document of England's "constitution" is
generally considered to be the Magna Carta, or the Great
Charter of the Liberties of England, which the barons drew up
and King John signed in the year 1215. Among other landmark
bills that have established major new principles in the British
Constitution are the English Bill of Rights, passed after the
Glorious Revolution of 1689, and the Acts of Union, of 1707,
which established the linking of England and Scotland within
the United Kingdom.
As the Constitution of the United Kingdom is uncodified, it
is in a state of constant change. Each new law, each new major
decision by judges becomes a new stone in the structure of the
British Constitution.

Exercise 8. Agree or disagree with the following statements.

1. The British Constitution is unwritten.

2. A codified constitution would mean that the constitution is
written down.
3. The founding document of England’s “constitution” is called
the Acts of Union. It was adopted in 1215.
4. No amendments are allowed to add to the British
Constitution.
5. Many countries in the world have uncodified constitutions,
for example the USA and Russia.
6. The British and American Constitutions are very similar.

39
Exercise 9. Speak about some differences of the British and
American constitutions. Use the tips from the table.

BRITISH CONSTITUTION AMERICAN CONSTITUTION

x No written Constitution x Constitution is written down

x very flux; x difficult to change;
x can be changed by a simple x there is a special very
majority in the legislature; complicated procedure to
add any amendments;
x no formal separation of the x proclaims strict separation of
powers; the powers of the executive,
the legislature and the
judiciary;
x members of the government x the President and his
(the executive) are expected ministers are prevented from
to be members of being part of Congress
Parliament (the legislature)
x the UK is a parliamentary x the USA is a presidential
system; system;
x British Prime Minister x the constitutional system of
usually heads a government 'checks and balances'
with a majority of seats in seriously limits the power of
the House of Commons and the US President;
can pass almost any
legislation that he wishes.

40
Exercise 10. Do the quiz on the US Constitution basics.

1. Which branch makes the law?

a. executive b. legislative c. judicial

2. Which branch enforces the law?

a. executive b. legislative c. judicial

3. Which branch interprets the law?

a. executive b. legislative c. judicial

4. How many amendments are there to the US Constitution?

a. 13 b. 10 c. 27

5. Who is the head of the executive branch of government ?

a. the Secretary b. the President c. the Speaker of
of State the Parliament
6. What are the first 10 Amendments often called?
a. the Preamble b. Order of the c. the Bill of Rights
Convention

7. When was the Constitution created?

a. 1776 b. 1790 c. 1787

8. Which document broke American ties with England

a. Declaration of b. Articles of c. US Constitution
Independence Confederation

41

ƒ What main principles does the Russian Federation
Constitution guarantee?

Reading 4. The Russian Federation

Constitutional System: some
fundamentals to consider

Article 1. The Russian Federation - Russia is a democratic

federal law-bound State with a republican form of
government. The names "Russian Federation" and "Russia"
shall be equal.

Article 2. Man, his rights and freedoms are the supreme value.
The recognition, observance and protection of the rights and
freedoms of man and citizen shall be the obligation of the State.

Article 3.
1. The bearer of sovereignty and the only source of power in the
Russian Federation shall be its multinational people.
2. The people shall exercise their power directly, and also
through the bodies of state power and local self-government.
3. The supreme direct expression of the power of the people
shall be referenda and free elections.
4. No one may usurp power in the Russian Federation. Seizure
of power or usurping state authority shall be prosecuted by
federal law.

Article 4
1. The sovereignty of the Russian Federation shall cover the
whole of its territory.

42
2. The Constitution of the Russian Federation and federal laws
shall have supremacy in the whole territory of the Russian
Federation.
3. The Russian Federation shall ensure the integrity and
inviolability of its territory.

Article 5
1. The Russian Federation consists of Republics, territories,
regions, cities of federal importance, an autonomous region and
autonomous areas - equal subjects of the Russian Federation.
2. The Republic (State) shall have its own constitution and
legislation. The territory, region, city of federal importance,
autonomous region and autonomous area shall have its charter
and legislation.
3. The federal structure of the Russian Federation is based on its
state integrity, the unity of the system of state authority, the
division of subjects of authority and powers between the bodies
of state power of the Russian Federation and bodies of state
power of the subjects of the Russian Federation, the equality
and self-determination of peoples in the Russian Federation.
4. In relations with federal bodies of state authority all the
subjects of the Russian Federation shall be equal among
themselves.

Article 6
1. The citizenship of the Russian Federation shall be acquired
and terminated according to federal law; it shall be one and
equal, irrespective of the grounds of acquisition.
2. Every citizen of the Russian Federation shall enjoy in its
territory all the rights and freedoms and bear equal duties
provided for by the Constitution of the Russian Federation.
3. A citizen of the Russian Federation may not be deprived of
his or her citizenship or of the right to change it.

43
Article 7
1. The Russian Federation is a social State whose policy is
aimed at creating conditions for a worthy life and a free
development of man.
2. In the Russian Federation the labour and health of people
shall be protected, a guaranteed minimum wages and salaries
shall be established, state support ensured to the family,
maternity, paternity and childhood, to disabled persons and the
elderly, the system of social services developed, state pensions,
allowances and other social security guarantees shall be
established.

Exercise 11. Read the articles again and decide whether

these statements are true (T) or false (F).

ƒ The Russian Federation has a theocratic form of government.

ƒ The names "Russian Federation" and "Russia" shall not be
equal.
ƒ President, his rights and freedoms are the supreme value.
ƒ The bearer of sovereignty and the only source of power in the
Russian Federation shall be only the Russian people.
ƒ The supreme direct expression of the power of the people
shall be referenda and free elections.
ƒ Seizure of power or usurping state authority shall be allowed
by federal law.
ƒ The Constitution of the Russian Federation and federal laws
shall have supremacy only in Moscow region.
ƒ The Russian Federation is a social State.
ƒ The Russian Federation shall not provide any social security
guarantees to its citizens.

44
 Exercise 12. Complete the sentences below dealing with
constitutional law using the words in the box.

legislation equal duties ensure the rights and freedoms

acquired and terminated

1. Every citizen of the Russian Federation shall

enjoy………….. all and bear………… provided for by the
Constitution of the Russian Federation.
2. The Republic (State) shall have its own constitution and
…………
3. The Russian Federation shall ………….. the integrity of its
territory.
4. . The citizenship of the Russian Federation shall be ……….
according to federal law.

Language in Use: Past Simple

Positive I/ You/ We/ They went/ visited

He/ She/ It

Negative I/ You/ We/ They did not go / visit

He/ She/ It (didn’t)

Questions Did I /you/ we/ they go / visit

he/ she/ it

Use Example
1. We use the past simple to The police arrested him two
talk about an action that days ago.
started and finished in the
past. We usually say when it
happened.
2. We use the past simple to He worked in this law firm

45
 talk about situations that three years ago.
were true in the past.
3. We use past simple to talk My brother read a lot of
about past habits. detective stories when he was
young.
Remember
The past simple of be is was / He was the main suspect in the
were. murder of Jonas Oldacre.
We do not use did /didn’t He wasn’t present at the trial.
with was / were. Was he guilty of this crime?
Time expressions
yesterday, two days ago, last Did you speak to the judge last
week, in 2006 / January week?
She received her J.D. degree
in 1989.

Exercise 13. Complete the table with the past simple form of
the verbs in the box.

Regular verbs Irregular Verbs

stay, study, come,
give, bring, focus,
keep, arrest, write,
take, speak,
represent, sign,
act,
play, buy,
work
break, drive,
like

46
Exercise 14. Make the following sentences negative.

1. He graduated from Emory School of Law in 1982.

2. Darren began his career as a trial lawyer in 1994.
3. He breached the contract.
4. They litigated wrongful death accidents.
5. During his private practice he prosecuted in federal court.
6. The police accused him of murder.
7. He broke the immigration law and stayed in the country.

Exercise 15. Read the text and complete it with the correct
form of the past simple.

Sonia Sotomayor

Sonia Sotomayor ………….. (be) born on June 25, 1954 in

New York. When she ……….. (be) 12, she ………….. (see) the
TV show Perry Mayson and ………….. (decide) to become a
judge. She ………………….. (graduate) from Yale Law School
and ………….. (pass) the bar in 1980 and ………… (begin) to
work as an assistant district attorney in Manhattan. Sotomayor
…….. (be) responsible for prosecuting robbery, assault, murder,
police brutality and child pornography cases.
She ………… (become) a U.S. District Court Judge in 1992.
Ms. Sotomayor’s childhood ……….. (not be) easy. She
………… (be) from a poor Latina family. Her mother ……….
(be) a nurse and her father ………. (be) a tool-and-die worker.
When her father ……… (die), her mother ………. (work) hard
to raise her children as a single parent. But she ……….. (do) her
best to provide them with proper education.
Ms. Sotomayor …………. (become) an outstanding
professional and in 2009 President Barack Obama …………
(announce) his nomination of her for Supreme Court of Justice.

47
Exercise 16. Read the following text and ask questions to
check on the main facts.

Police Kill Man Who Shot 5 at Law Firm

A 63-year-old Baptist deacon shot five people in a law office.
A special police unit entered the building and shot John Ashley
to death after he opened fire. The police said the shooting was “a
possible dispute over a divorce settlement”.
The shooting incident astonished people who knew Ashley
personally. All his friends and neighbours knew him as a nice
and friendly person, who loved his family and was always ready
to help.

1. What ____________________________________________
2. How old __________________________________________
3. Where ___________________________________________
4. Why
5. ________________________________________________

Revision
1. What is Constitutional Law?
2. What does Constitutional Law deal with?
3. What are the key tasks of Constitutional Law?
4. In what way does Constitutional Law protect human rights?
5. What’s the difference between codified and uncodified
constitutions? Give an example of a country, which has
uncodified constitution.
6. How many articles are there in the US Constitution?
7. What do you know about the British Constitution?
8. What are main differences between the American and
British Constitution?

48
 UNIT 4. CONTRACT LAW

Reading 1. Glossary
1. offer ɨɮɟɪɬɚ
2. acceptance ɚɤɰɟɩɬ
3. consideration ɜɫɬɪɟɱɧɨɟɩɪɟɞɨɫɬɚɜɥɟɧɢɟ /
ɜɫɬɪɟɱɧɨɟɭɞɨɜɥɟɬɜɨɪɟɧɢɟ
4. reject ɨɬɤɥɨɧɢɬɶ
5. counteroffer ɜɫɬɪɟɱɧɨɟɩɪɟɞɥɨɠɟɧɢɟ
6. capacity ɞɟɟɫɩɨɫɨɛɧɨɫɬɶ
7. be entitled to ɢɦɟɬɶɩɪɚɜɨɧɚ
8. (un)enforceable ɧɟɢɦɟɸɳɢɣɢɫɤɨɜɭɸɫɢɥɭ
9. subject matter ɩɪɟɞɦɟɬɞɨɝɨɜɨɪɚ
10. contract terms ɭɫɥɨɜɢɹɤɨɧɬɪɚɤɬɚ
11. express term ɩɪɹɦɨɜɵɪɚɠɟɧɧɨɟɭɫɥɨɜɢɟ
12. implied term ɩɨɞɪɚɡɭɦɟɜɚɟɦɨɟɭɫɥɨɜɢɟ
13. breach ɧɚɪɭɲɟɧɢɟ
14. injured party ɩɨɫɬɪɚɞɚɜɲɚɹɫɬɨɪɨɧɚ
15. file a lawsuit ɩɨɞɚɬɶɢɫɤ
16. sue ɩɪɟɞɴɹɜɥɹɬɶɢɫɤɨɜɵɟ
ɬɪɟɛɨɜɚɧɢɹ
17. damages ɞɟɧɟɠɧɚɹɤɨɦɩɟɧɫɚɰɢɹ
18. remedy ɫɪɟɞɫɬɜɨɫɭɞɟɛɧɨɣɡɚɳɢɬɵ
19. injunction ɫɭɞɟɛɧɵɣɡɚɩɪɟɬ
20. specific performance ɪɟɚɥɶɧɨɟɢɫɩɨɥɧɟɧɢɟ
ɤɨɧɬɪɚɤɬɚ
21. condition ɫɭɳɟɫɬɜɟɧɧɨɟɭɫɥɨɜɢɟ
22. terminate ɪɚɫɬɨɪɝɧɭɬɶ
23. warranty ɡɚɜɟɪɟɧɢɹɢɝɚɪɚɧɬɢɢ
24. rule of privity ɱɚɫɬɧɵɣɯɚɪɚɤɬɟɪɞɨɝɨɜɨɪɧɵɯ
ɨɬɧɨɲɟɧɢɣ
25. transfer ɩɟɪɟɞɚɜɚɬɶ
26. obligations ɨɛɹɡɚɧɧɨɫɬɢ
27. assignment of rights ɩɟɪɟɭɫɬɭɩɤɚɩɪɚɜ
28. delegation of duties ɩɟɪɟɞɚɱɚɨɛɹɡɚɧɧɨɫɬɟɣ

49

ƒ What is contract?
ƒ What are the basic ellements of a contract?

Reading 1.
A contract is an agreement that creates legal rights. The
essential elements of a contract are an offer made by one party
and an acceptance of that offer by another party. Some
jurisdictions include one more element known as consideration.
Consideration is a special legal term for something a party
promises to give, to do, or not to do, when making a contract.
The party to which an offer has been made can accept it, reject
it or make a counteroffer.
Parties must have the legal capacity, in other words, they
must be legally entitled to enter into a contract. A contract is
considered unenforceable if one of the parties has been forced
or tricked into signing it, or if the subject matter of the contract
turns out to be illegal.
The terms of the contract can be either express (expressed
by words, orally or in writing) and implied (when parties show
with their behaviour that they understand the contract terms
and agree to them). Contracts can be oral or written, but certain
types of contracts must be in writing in order to be enforceable.
In case of a breach of a contract, the injured party can file a
lawsuit. It can sue for damages (financial compensation), or
such remedies as an injunction (a court order to stop some
activity) or specific performance (when the court orders the
breaching party to perform the contract terms). In case of a
breach of an essential term (condition), the injured party has the
right to terminate the contract. If the term is nonessential, that
is a warranty, the party can only ask for compensation.
The rule of privity stipulates that only the parties to a
contract have rights and obligations under this contract. But

50
under some circumstances one of the parties can transfer its
rights or duties to a third party. This is known as an assignment
of rights or delegation of duties accordingly.

Exercise 1. Match the terms with their definitions.

1. A proposal made by a party to a a. counteroffer

contract
2. Legal competency b. injunction
3. A written order from a law court
demanding that something shall or c. acceptance
shall not be done
4. The failure of a party to a contract d. breach
to carry out the terms of the
agreement
5. An order by the court to a e. remedy
breaching party to do what it
agreed to do under the terms of the
contract
f. offer
6. The assent to the terms of an offer
7. Means of seeking justice in court g. specific performance
8. A new offer with new terms that
makes the original offer invalid h. capacity
9. Something of value given by one
party to another in order to induce i. consideration
the other to contract

Exercise 2. Decide if the statements are true (T) or false (F).

1. An offer and a counteroffer are essential elements of a

contract.
2. Consideration is not necessary in all jurisdictions.

51
3. All contract terms should be in a written form.
4. The non-breaching party can seek remedies in court.
5. Third parties generally have rights and duties under a
contract.

Exercise 3. Complete the sentences using the given terms.

specific, party, offers, binding, damages, sue, breach,

remedy, unwritten

1. The injured party is not interested in damages but in……….

performance.
2. This…………is never used in contracts of employment.
3. You are not a ………..to a contract, so you cannot file a suit.
4. There are many kinds of ………… agreements which the law
describes as contracts.
5. English law does consider some kinds of advertisements as
……………
6. The amount and type of …………….can vary by jurisdiction.
7. A contract is a ……………… agreement.
8. It is necessary to prove that there was a contract and that one
of the parties is in ……………of it.
9. You have a choice to ………. either in the law of contract or
in tort.

Exercise 4. Match the verbs with the nouns.

1. terminate a. _ a warranty
2. delegate b. _ an offer
3. be tricked into c. _ damages
4. negotiate d. _ rights
5. file e. _ signing an agreement
6. breach f._ duties
7. make g._ terms
8. sue for h._ a contract
9. assign i._ a suit

52
Exercise 5. Speak about contracts using the plan.

1. Name and explain the essential elements of a contract.

2. What can make a contract illegal?
3. What types of terms can a contract consist of?
4. What are the remedies in case of a breach?

ō How to make a contract?
ō What problems can arise while singing the contract?

Reading 2.
Signing of a contract should be the end of a great deal of
work, not the beginning of the relationships. If the parties
haven’t negotiated everything up front, in future they may face
ambiguities, disputes and finally litigation.
That’s why before a contract is even drafted, try to find
out as much as you can about your opposite number. It’s
important to know how long the firm you are contracting with
has been in business, as well as talk to previous customers,
check if there have been any complaints, if the firm has been
involved in any suits or experienced any other problems. Do it,
because the best contract in the world will do you little good if
you are working with someone unreliable.
It’s no less important to investigate the nature of the
business you will be involved with. Different businesses will be
organized in different ways, will have different needs, different
industry customs and sets of standards, different trade jargons,
and, frequently, different consequences of a contract breach.
Both parties must have similar understanding of what
exactly they hope to achieve with the contract and how they plan
to do it. Poor understanding of each other’s particular needs and

53
expectations can create great confusion, added expense and can
result in litigation.
Contract forms are acceptable for minor, routine
transactions, but no major contracts should rely on forms. In
fact, boiler-plate contracts are things commercial litigation
consists of. They are not created for particular business
circumstances, do not address the needs of the parties, and do
not anticipate the problems that can arise. Besides, boiler-plate
language may not fit the transaction and can cause difficulties
for both parties.
A very important part of a contract is the signature on the
bottom line. Certain employees can negotiate but do not have
the authority to sign contracts. To avoid misunderstanding,
have the contract draft reviewed by those who will actually sign
the completed contract.

Continue the glossary:

Up front ɡɚɪɚɧɟɟ
Ambiguity ɧɟɹɫɧɨɫɬɶɞɜɭɫɦɵɫɥɟɧɧɨɫɬɶ
Drafting a contract ɫɨɫɬɚɜɥɟɧɢɟɩɪɨɟɤɬɚɤɨɧɬɪɚɤɬɚ
Opposite number

54
Comprehension questions

1. Why is it necessary to prepare thoroughly before signing a

contract?
2. How can you check the background of your opposite
number? Why should you do it before entering into a
contract?
3. Why is it advisable to learn the nature of the business you are
going to be involved with?
4. Why do both parties need to understand the purpose of the
contract very clearly?
5. Why shouldn’t you rely on form contracts for complicated
transactions?

Language in use: Present Perfect

Positive I/ You/ We/ They have (‘ve) gone/ visited

He/ She/ It has (‘s) gone/ visited

Negative I/ You/ We/ They have not gone/ visited

(haven’t)
He/ She/ It has not gone/ visited
(hasn’t)

Questions Have I /you/ we/ they gone/ visited

Has he/ she/ it gone/ visited

Use
1. We use the present perfect
to talk about things that
happened in the recent past
but have a result in the present.
2. We use the present perfect
Example
He has broken the law. He is
under arrest now.
I have read about this crime.

55
to talk about our experience.
Remember
We use ever with the present Have you ever drafted a
perfect in questions. contract?
We use never with the present We have never discussed his
perfect in negative sentences. will.
We use for (+ a period of time) I have worked on this case for
to say how long something has two months.
continued.
We use since (+ a point of He has been with this
time) to say when something company since June.
started.
We use how long in questions, How long have you known
to ask about a period of time. him?
Other time expressions: already, just, always, recently, lately,
this week, etc.

Exercise 6. Complete the following sentences with the

present perfect.

1. He ______________________ his guilt. (admit)

2. _____________ you ever ___________ to a court hearing?
(be)
3. The police _________ just ___________his brother. (arrest)
4. She _________ never __________ such a contract provision
before. (see)
5. I _________ already ___________ my LLB programme.
(complete)
6. ____________ you ___________ any contract terms lately?
(change)
7. We ___________________ our Law School Admission Test
yet. (not take)
8. Recently she __________ a job as an associate with a private
law firm. (find)
9. She ____________ a high-profile attorney for more than ten
years. (be)
10. Since 2015 he ____________ only two cases. (win)

56
Exercise 7. Read the list of options. Put a tick next to the
things you have done and a cross next to the things you
haven’t done. Then write sentences.

x get a bachelor’s degree x work in a law firm

x graduate from the x represent a client in
university court
x draft a patent x speak to a judge
x prepare a presentation x investigate a crime
x write a report x negotiate a contract
x watch the news x win a case
x delegate your duties x file a lawsuit
x pass a verdict x claim damages

Things I have done Things I haven’t done

Exercise 8. Complete the sentences with for or since.

1. We’ve worked for this law boutique………… 2014.

2. They have studied commercial litigation …………. 2 years.
3. They haven’t delivered the goods ……… two weeks.
4. I haven’t negotiated any deals …………. October.

57
5. She hasn’t handled age discrimination cases …………. three
months.
6. John hasn’t been in his office ……….. a week.
7. ……… 2014 we haven’t represented private individuals.
8. We have already lost three cases …… last November.

Exercise 9. Match Column A with Column B.

Column A Column B

1. Jerry hasn’t sued a._all the terms.

2. She has paid b._of any agreement.
3. Have you tried c._avoiding litigation?
4. We’ve already performed d._for special damages.
5. Ben hasn’t signed e._a reasonable price.
6. Have you succeeded in f._the contract yet.
7. I haven’t been in breach g._to terminate the agreement?

Exercise 10. Write the words in the correct order to make

questions.

1. Have yet the accepted offer they?

2. witnessed Have you a crime ever?
3. he Has any evidence found?
4. a he recently counteroffer Has made?
5. really had into Has to capacity contract he enter a?

Exercise 11. Translate the sentences from Russian into

English.

Ɉɧɭɠɟɩɪɨɱɢɬɚɥɦɧɨɝɨɤɧɢɝɩɨɸɪɢɫɩɪɭɞɟɧɰɢɢ
ȼɵɤɨɝɞɚ-ɧɢɛɭɞɶɛɵɥɢɨɬɜɟɬɱɢɤɨɦɜɫɭɞɟɛɧɨɦɩɪɨɰɟɫɫɟ"
əɧɟɩɨɥɭɱɚɥɧɢɤɚɤɢɯɭɜɟɞɨɦɥɟɧɢɣɫɩɪɨɲɥɨɝɨɦɟɫɹɰɚ
 Ʉɚɤ ɞɨɥɝɨ ɜɵ ɩɪɨɪɚɛɨɬɚɥɢ ɜ ɫɮɟɪɟ ɦɟɠɞɭɧɚɪɨɞɧɨɝɨ
ɩɪɚɜɚ"

58
Ɉɧɧɢɤɨɝɞɚɧɟɩɪɟɞɫɬɚɜɥɹɥɢɧɬɟɪɟɫɵɤɥɢɟɧɬɨɜɜɫɭɞɟ
Ɉɧɢɬɨɥɶɤɨɱɬɨɩɨɞɩɢɫɚɥɢɜɚɠɧɵɣɤɨɧɬɪɚɤɬ
Ɉɧɧɟɞɚɜɧɨɩɨɞɚɥɝɪɚɠɞɚɧɫɤɢɣɢɫɤ

Exercise 12. Put the verbs in brackets into the present

perfect simple or the past simple.

1. They ……….. (travel) to Paris two years ago.

2. He ……….. (not be) to the office since last week.
3. Last month he …………. (leave) for Warsaw, and no one
…….. (see) him since then.
4. The court ………….. (not take a decision) yet.
5. They ……… already ……… (discuss) all the details of the
contract.
6. She ………. (move) to London in 2010 to begin work as a
barrister at Doughty Street Chambers.
7. She ……………. (write) chapters for several high-profile
books on international law.
8. When he …….. (study) at St. Hugh's College of Oxford,
he…………. (receive) the prestigious Shrigley Award given for
excellence in law studies.
9. Yesterday the US Supreme Court …………. (reverse) this
decision.

Exercise 13. Correct the mistakes.

a. We have bought a new car last moth.

b. Jim lives in England for two years.
c. My mother has went shopping.
d. She is just moved house.
e. Robert has do his homework.
f. I am at work since ten o’clock.
g. They have seen this film yesterday.
h. We haven’t yet read this book.
i. How long you work here?
j. When have you saw him last time?

59

ƒ What does United Convention on Contracts for the
International Sale of Goods deal with?

Reading 3. Extracts from United

Convention on Contracts for
the International Sale of Goods

Chapter 2. Obligations of the Seller

Article 30
The seller must deliver the goods, hand over any documents
relating to them and transfer the property in the goods, as
required by the contract and this Convention.

From Article 35
(2) Except where the parties have agreed otherwise, the goods
do not conform with the contract unless they: …possess the
qualities of goods which the seller has held out to the buyer as a
sample or model…
(3) The seller is not liable…for any lack of conformity of the
goods if at the time of conclusion of the contract the buyer knew
or could not have been unaware of such lack of conformity.

Chapter 3. Obligations of the Buyer

From Article 58
(1) If the buyer is not bound to pay the price at any other
specific time he must pay it when the seller places either the
goods or documents controlling their disposition at the buyer’s
disposal in accordance with the contract and this Convention…
(3) The buyer is not bound to pay the price until he has had an
opportunity to examine the goods, unless the procedures for

60
delivery or payment agreed upon by the parties are inconsistent
with his having such an opportunity.

From Article 60
(2) Unless the seller has received notice from the buyer that he
will not perform within the period so fixed, the seller may not,
during that period, resort to any remedy for breach of contract.
However, the seller is not deprived thereby of any right he may
have to claim damages for delay in performance.

Chapter 5. Provisions Common to the Obligations of the

Seller and of the Buyer

From Article 74
Damages for breach of contract by one party consist of a sum
equal to the loss, including loss of profit, suffered by the other
party as a consequence of the breach. Such damages may not
exceed the loss which the party in breach foresaw or ought to
have foreseen at the time of conclusion of the contract…

From Article 79
(1) A party is not liable for a failure to perform any of his
obligations if he proves that the failure was due to an
impediment beyond his control and that he could not reasonably
be expected to have taken the impediment into account at the
time of conclusion of the contract or to have avoided or
overcome it or its consequences.

From Article 81
(1) Avoidance of the contract releases both parties from their
obligations under it, subject to any damages which may be due.
Avoidance does not affect any provision of the contract for the
settlement of disputes or any other provision of the contract

61
governing the rights and obligations of the parties consequent
upon the avoidance of the contract.

Translate the clauses of the Convention into Russian.

Match the beginnings of the clauses with their endings

without consulting the text of the Convention:

1. The seller must deliver the _ at the time of conclusion of

goods, hand over any
documents relating to them
and
2. Except where the parties
have agreed otherwise, the
goods do not conform with
the contract unless they:
3. The seller is not liable…for
any lack of conformity of
the goods if
4. If the buyer is not bound to
pay the price at any other
specific time he must pay it
5. The buyer is not bound to
pay the price until he has
had an opportunity to
examine the goods, unless
6. Unless the seller has
received notice from the
buyer that he will not
the contract the buyer knew or
could not have been unaware
of such lack of conformity
_ Such damages may not
exceed the loss which the party
in breach foresaw or ought to
have foreseen at the time of
conclusion of the contract…
_ the procedures for delivery
or payment agreed upon by the
parties are inconsistent with
his having such an opportunity
_ transfer the property in the
goods, as required by the
contract and this Convention
_ he could not reasonably be
expected to have taken the
impediment into account at the
time of conclusion of the
contract or to have avoided or
overcome it or its
consequences.
_ any provision of the contract
for the settlement of disputes
or any other provision of the

62
 perform within the period contract governing the rights
so fixed, the seller may not, and obligations of the parties
during that period, consequent upon the avoidance
of the contract.
7. Damages for breach of _ when the seller places either
contract by one party the goods or documents
consist of a sum equal to controlling their disposition at
the loss, including loss of the buyer’s disposal in
profit, suffered by the other accordance with the contract…
party as a consequence of
the breach.
8. A party is not liable for a _ resort to any remedy for
failure to perform any of his breach of contract. However,
obligations if he proves that the seller is not deprived
the failure was due to an thereby of any right he may
impediment beyond his have to claim damages for
control and that delay in performance.
9. Avoidance of the contract _ possess the qualities of
releases both parties from goods which the seller has held
their obligations under it, out to the buyer as a sample or
subject to any damages model
which may be due.
Avoidance does not affect

Read the text of the agreement and write a suitable heading
above each paragraph. Choose from the headings below.

a. Purchase Price b. Severability c. Competition

d. Jurisdiction e. Purchase Description-Assets and Liabilities
f. Indemnity

63
Reading 4. Business Acquisition Agreement

This agreement ("Agreement) is made

this {date} of {month}, {year}, by and between {name of
seller}, hereinafter known as "Seller," and {name of buyer},
hereinafter known as "Buyer," for the purchase of {business
name}, hereinafter known as the "Business," and all related
assets.

Buyer and Seller both agree to the following provisions as

conditions for the sale of the Business:
1. ………………………………………………………………

Buyer is purchasing the following assets from Seller:

{Here is where the assets should be listed. If this is simply a sale

of assets, and Seller is retaining name rights only to the
business/corporation, please note that here. Otherwise, make a
list, including value, of each asset which will be sold to the
Buyer from the Seller. The list of assets may be done in any way,
but a convenient method might be to include a simple table with
the details. See sample table below.}

ASSETS VALUE
Customer accounts $200,000
Inventory/Goods $150,000
Rental Properties $75,000
Equipment $95,000
Intellectual Property $50,000
Building(s) $350,000

64
{also be sure to include, if applicable, that Buyer will receive
title(s) to any properties the Seller will be purchasing, as well as
how the transfer of customer accounts, if any, will proceed}

{after listing the assets, you must also include a list of liabilities,
if any, that the Buyer will be assuming from the Seller. Again,
using a table is an efficient way to accomplish this task.}

DEBT AMOUNT
Mortgage/Lease $100,000
Advertising Contract $10,000
Equipment Rental
$30,000
Contract

2. ………………………………………………………………..

Owing to the total value of the assets and liabilities listed in

Section 1, as well as {any other considerations that fall within
the purchase price}, the total purchase price of the Business is
{amount in dollars}, which will be paid in the following
manner:
{here you outline the details of the payment plan, including
whether it will be paid in cash, in installments, whether interest
and/or late fees will be added, etc.}
3. ………………………………………………………………..

Seller agrees that for a period of {length of time}, {he/she} will

not engage in any activities related, directly or indirectly, to the
Business, and will not attempt to solicit business or services
from any customers, clients, etc. who originally were such
during the Seller's ownership of the Business. This non-compete

65
clause applies to {name the geographic region, such as the state,
tri-state area, nation, etc.}.

4. …………………………………………………………….

If either party is found to be in breach of this Agreement, the

offending party will indemnify the offended party for any legal
fees accrued as a result of the breach. Lost profits incurred as a
result of any such breach {will/will not} be repaid by the
offending party.
5. ……………………………………………………………..
Should any provision in this Agreement be deemed in some way
invalid, the remaining provisions shall remain intact and
enforceable by law.
6. ………………………………………………………………...
This Agreement shall be governed by the laws and regulations
of the state of {State Name}.
Both parties agree to the provisions listed above, as well as any
applicable schedules or attachments included with this
Agreement.
Signed this {date} of {month}, {year}
___________________________
__________________________
Seller Name Seller Signature
___________________________
__________________________
Buyer Name Buyer Signature
___________________________
__________________________
Witness/Legal Representative Name Witness/Legal
Representative Signature
Taken from: www.printablecontracts.co

66
 Revision

1. What is a contract? Give an example of an agreement that is

not a contract and an agreement that is a contract. Explain the
difference.
2. What essential elements does a contact consist of? What
forms can consideration have? Give examples.
3. What factors can make a contract unenforceable?
4. Explain different types of contract terms. Give an example of
an implied contract, of an oral contract.
5. What alternatives does the non-breaching party have if the
other party failed to perform the terms? What is the
difference between warranties and conditions?
6. Do third parties have rights and duties under a contract? Are
there any exceptions? Why is it important to differentiate
between the assignment of rights and delegation of duties?
7. Does a written and signed contract give you full legal
protection?
8. What can help you avoid legal disputes and litigation?
9. Why is it crucial to check the reliability of the party you are
contracting with and how can you do it?
10. Why is it necessary that the other party understands your
needs and the purpose of the contract?
11. What are the advantages and disadvantages of form
contracts?
12. Why should you always check the authority of the people
you are communicating with?

67
 UNIT 5. TORT LAW
Reading 1. Glossary

1. tort ɞɟɥɢɤɬ
2. civil wrong ɝɪɚɠɞɚɧɫɤɨɟ
ɩɪɚɜɨɧɚɪɭɲɟɧɢɟ
3. to cause harm ɩɪɢɱɢɧɢɬɶɜɪɟɞ
4. to redress ɜɨɡɦɟɫɬɢɬɶɜɪɟɞ
5. to award damages ɩɪɢɫɭɞɢɬɶ ɭɛɵɬɤɢ
6. damages ɫɭɦɦɚɭɳɟɪɛɚ
7. compensatory damages ɮɚɤɬɢɱɟɫɤɢɟɭɛɵɬɤɢ
8. punitive damages ɲɬɪɚɮɧɵɟɭɛɵɬɤɢ
9. monetary damages ɦɚɬɟɪɢɚɥɶɧɨɟɜɨɡɦɟɳɟɧɢɟ
10. tortious conduct ɞɟɥɢɤɬɧɨɟɩɨɜɟɞɟɧɢɟ
11. tortfeasor ɩɪɚɜɨɧɚɪɭɲɢɬɟɥɶ
12. to commit a crime/ a tort ɫɨɜɟɪɲɚɬɶ ɩɪɟɫɬɭɩɥɟɧɢɟ
ɞɟɥɢɤɬɧɨɟɩɪɚɜɨɧɚɪɭɲɟɧɢɟ
13. intentional ɩɪɟɞɧɚɦɟɪɟɧɧɵɣ
14. assault ɧɚɩɚɞɟɧɢɟ ɫ ɩɪɟɦɢɧɟɧɢɟɦ
ɧɚɫɢɥɢɹ
15. battery ɧɚɧɟɫɟɧɢɟɩɨɛɨɟɜ
16. negligent ɯɚɥɚɬɧɵɣ ɩɪɨɹɜɢɜɲɢɣ
ɧɟɛɪɟɠɧɨɫɬɶ
17. strict liability ɫɬɪɨɝɚɹɨɛɴɟɤɬɢɜɧɚɹ
ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ
18. to bring an action ɜɨɡɛɭɞɢɬɶɢɫɤ
19. claimant (plaintiff) ɢɫɬɟɰ
20. defendant ɨɬɜɟɬɱɢɤ
21. fine ɲɬɪɚɮ
22. to find liable ɩɪɢɡɧɚɬɶɨɬɜɟɬɫɬɜɟɧɧɵɦ
23. guilty ɜɢɧɨɜɧɵɣ
24. injunction ɫɭɞɟɛɧɵɣɡɚɩɪɟɬɫɭɞɟɛɧɨɟ

68
 ɩɪɟɞɩɢɫɚɧɢɟ
25. wrongdoer ɩɪɚɜɨɧɚɪɭɲɢɬɟɥɶ
26. trespass ɧɚɪɭɲɟɧɢɟɩɪɚɜɚɜɥɚɞɟɧɢɹ
27. nuisance ɧɚɪɭɲɟɧɢɟɩɨɤɨɹ
28. defamation ɞɢɮɮɚɦɚɰɢɹɤɥɟɜɟɬɚ
29. false imprisonment ɧɟɡɚɤɨɧɧɨɟɥɢɲɟɧɢɟ
ɫɜɨɛɨɞɵ

ƒ Read the text and answer the question in the title

What is 'Tort Law'?

A tort is a civil wrong other than a breach of contract.

This wrong causes harm to a person or property and may be
physical, emotional or financial. Tort law has two aims: to
redress a wrong and to stop potential tortfeasors from
committing such wrongs. The most common remedy in tort law
is monetary damages. The injured party may also sue for
injunction to stop tortious conduct.
There are three categories of torts: intentional torts (e.g.
assault and battery), negligent torts (e.g. a traffic accident,
caused by failing to obey traffic rules) and strict liability torts
(e.g. making and selling defective products).
There are many specific torts such as trespass, assault,
nuisance, defamation, false imprisonment and others.
While a crime is committed against society, a tort is
committed against an individual. Torts are handled in the civil
courts where the injured party brings an action against the
wrongdoer and has to prove that the wrongdoer is liable on the
balance of probabilities (more than 50% probable).

69
 The party who brings an action in tort is called the
claimant (plaintiff, US) and the other party is called the
defendant. Unlike in criminal cases, where the defendant may
be found guilty and punished, in tort cases the defendant may be
found liable and ordered to pay compensatory damages and
sometimes punitive damages.
Compensatory damages compensate the victim for the
harm, and punitive damages punish the tortfeasor.

Exercise 1. Answer the questions based on the text.

1. What are the aims of tort law?

2. What are the remedies available at tort law?
3. What are the three categories of torts? Give examples.
4. How is a tort different from a crime?
5. How is an action in tort started, and what are the parties to
the case called?
6. What is the difference between the outcomes in criminal
cases and cases in tort?
7. What are the two types of damages awarded in a tort case and
what are their purposes?

Exercise 2. Match the words and word combinations with

their synonyms.

1.to redress a. a wrongdoer

2.a tortfeasor b. to remedy
3.to handle c. a plaintiff
4.bring an action d. responsible
5.a claimant e. to start a lawsuit
6.liable f. to hear

70
Exercise 3. Match the words to make word combinations
(there may be several options).

1. to redress a. liable
2. tortious b. a wrong
3. to be found c. an action
4. to bring d. wrong
5. civil e. conduct
6. to cause f. injunction
7. to sue for g. liability
8. to commit h. a tort
9. monetary i. damages
10. injured j. party
11. punitive k. harm
12. strict l. damages

Exercise 4. Fill in the gaps with suitable words from the

text.

1. Making and selling …………products is a strict…………tort.

2. A defendant may be…………to pay damages to
the………….
3. Compensatory damages compensate the …………party for
the…………suffered.
4. Monetary damages is the most common …………in tort law.
5. The …………. who …………an action in tort is called the
claimant.

Exercise 5. Fill in the gaps with suitable prepositions.

1. to cause harm …. a person; 2.to stop …. committing wrongs;

3.to sue …. injunction; 4. to commit a crime …. society; 5.to

71
bring an action …. a wrongdoer; 6.to result …. a fine; 7.to
compensate …. the harm.

Reading 2.

Read the case Liebeck v. McDonald's Restaurants and

complete the glossary

1. to sue for (gross negligence) ɩɨɞɚɜɚɬɶɜɫɭɞɜɨɡɛɭɞɢɬɶ

ɢɫɤ ɡɚɝɪɭɛɭɸɯɚɥɚɬɧɨɫɬɶ
2. to cover medical expenses ɩɨɤɪɵɬɶɦɟɞɢɰɢɧɫɤɢɟ
ɪɚɫɯɨɞɵ
3. a case ɫɭɞɟɛɧɨɟɞɟɥɨ
4. trial ɫɭɞɟɛɧɨɟɪɚɡɛɢɪɚɬɟɥɶɫɬɜɨ
5. the jury ɩɪɢɫɹɠɧɵɟ
6. appeal (against) the verdict ɚɩɟɥɥɹɰɢɹɨɛɠɚɥɨɜɚɧɢɟ
ɫɭɞɟɛɧɨɝɨɪɟɲɟɧɢɹ
7. to settle out of court ɭɪɟɝɭɥɢɪɨɜɚɬɶɫɩɨɪɛɟɡ
ɫɭɞɟɛɧɨɝɨɪɚɡɛɢɪɚɬɟɥɶɫɬɜɚ
8. action ɢɫɤ
9. complaint ɢɫɤɠɚɥɨɛɚ
10. judgement ɪɟɲɟɧɢɟ
11. to hear evidence ɡɚɫɥɭɲɢɜɚɬɶɫɜɢɞɟɬɟɥɶɫɤɢɟ
ɩɨɤɚɡɚɧɢɹ
12. frivolous lawsuits ɧɟɨɛɨɫɧɨɜɚɧɧɵɣɢɫɤ

72
Case study: Liebeck v. McDonald's Restaurants

Part 1.

In 1992, Stella Liebeck, a 79-year-old woman from New

Mexico bought coffee from a McDonald’s drive through
restaurant. While parked, she put the cup between her legs and
accidentally spilled the hot drink on her lap. Stella suffered
serious burns over 16 per cent of her body and had to be
hospitalized for 8 days. Her daughter had to look after her for
three more weeks and the medical treatment lasted for over two
years.
Eventually she sued the company for gross negligence
and demanded compensation of $20,000, claiming that the
coffee was “defectively manufactured”. The company offered
her just $800, which did not cover even her medical expenses.
The case went to trial and the jury found for the claimant. They
said that the company was 80 percent liable for the incident and
Stella 20% liable. They awarded Stella Liebeck $160,000 in
compensatory damages for her pain and suffering and $2.7
million in punitive damages, which was later reduced as Stella
Liebeck was partially responsible. To avoid costly appeals
against the verdict, the two parties ultimately settled out of
court for a sum of about $600,000.

Exercise 6.
The case Liebeck v. Macdonald’s Restaurants follows several
stages which are listed below. Try to identify each stage.
Facts ……………………………………………………………
Action ……………………………….........................................
Complaint ……………………………………………………..
Judgement …………………………………………………….
Reasoning ……………………………………………………..
Damages awarded ……………………………………………

73
Exercise 7. The case gave rise to the attacks on “frivolous
lawsuits” in the United States. Here is some of the evidence that
the jury heard at the trial. Decide which arguments are for the
claimant and which for the defense. They are in the jumbled
order. Put them in the table below.

1. The coffee was served at a dangerously hot temperature of

180-190F (82-88C) and was likely to cause serious injury.
2. She was the passenger in the parked car.
3. Nobody wants to admit that it is their own fault, when such
things happen there is always somebody else to blame.
4. The company received more than 600 previous reports of
injury from its coffee but was not taking it seriously.
5. The reason why the company served coffee at this
temperature was that people wanted it hot; otherwise it might
be sued for coffee being too cold.
6. The company was aware of the potential risk to consumers
but refused to change its policy.
7. Such huge verdicts promote compensation culture in the US.
8. The number of injuries is insignificant compared to the
billions of coffee cups sold per year.
9. The company admitted that it did not warn consumers of the
potential risk.
10. The punitive damages amounted to about 2 days of revenue
for McDonald’s coffee sales.

https://www.caoc.org/?pg=factsThe McDonald’s Hot Coffee Case

74
Arguments for the claimant Arguments for the defense

Exercise 8. Go through the case notes again and find more

arguments for and against the judgment for Stella Liebeck.

Exercise 9. Consider the arguments carefully and give your own

judgement.

Exercise 10. Word building. Complete the following table,

using the dictionary if necessary.

Noun Verb
Complaint
Appeal
Sue
Trial
Settle
Damages

75
Exercise 11. Choose one of the words from the previous
exercise to complete the following sentences.

1. A woman filed a ____________________ against Starbucks

for allegedly serving her too much ice in the drink. She
______________________ that iced coffee contains too little
caffeine.
2. In law, _________________________________ is an
agreement between the litigating parties, reached before or after
the court action begins. It may be preferable to____________
the case to avoid legal costs or high punitive
__________________________.
3. The court ruled that the defendant cannot be
________________ again for the same offence on double
jeopardy grounds.
4. _______________ are a sum of money awarded to be paid by
the court to the victim as a compensation for the harm or loss.
5. If a party does not agree with the verdict given, it can
___________ it.
6. The leaking roof seriously __________________ the tenant’s
furniture and he _____________________ the landlord claiming
negligence.

Exercise 12. Problem solving

Negligent torts are when the defendant’s actions were

unreasonably unsafe or careless. Negligence is the most
prominent tort liability. Negligence acts include car accidents,
clinical negligence, worker’s negligence, and product liability
cases. There are five elements that must be proven by the
plaintiff to establish negligence.

x Plaintiff was owed a duty of care.

76
x There was a dereliction or breach of that duty.
x The tortfeasor directly caused the injury [otherwise the
plaintiff would not have suffered an injury].
x The plaintiff was owed a duty of care through a special
relationship (e.g. doctor-patient) or some other principle.
x The plaintiff suffered damage as a result of that breach.
x The damage was not too remote; there was proximate cause
to show the breach caused the damage.

to determine ɨɩɪɟɞɟɥɹɬɶ
duty of care ɨɛɹɡɚɧɧɨɫɬɶɫɨɛɥɸɞɚɬɶ
ɨɫɬɨɪɨɠɧɨɫɬɶ
dereliction ɭɩɭɳɟɧɢɟ
breach ɧɚɪɭɲɟɧɢɟ
damage ɜɪɟɞ
remote ɧɟ ɢɦɟɸɳɢɣɩɪɹɦɨɣ
ɩɪɢɱɢɧɧɨɣɫɜɹɡɢ
Proximate cause ɧɟɩɨɫɪɟɞɫɬɜɟɧɧɚɹɩɪɢɱɢɧɚ

Exercise 13. Do you think this case really took place? If so,
what would be your ruling? Consider the five elements of
negligence.
Woman vs. Act of God
An Israeli woman sued a TV station for making an
inaccurate weather forecast. The station predicted good weather
but it rained. The woman claimed that the forecast caused her to
dress lightly and as a result she caught the flu, missed a week of
work, and had to spend money on medication. She further
claimed that the whole incident caused her stress. She sued for
$1,000.

*(see the answer at the end of the Unit)

77
Exercise 14. Read the case notes on a precedent in tort. Put
the paragraphs in the right order

Dougherty v. Stepp, 18 N.C. 371 (1835).

Ruling: Yes. Any unprivileged entry onto the land of another is
a trespass even if there is no physical damage. The court held
that the law implies damages for every unprivileged and
unlawful entry onto the land of another even if there is nothing
more than the treading down the grass, herbage, or shrubbery.

Facts: Stepp (D) entered Dougherty’s (P) unenclosed property

without Dougherty’s consent. Stepp entered the property with a
team to survey the land but there was no physical damage to the
property. Dougherty sued for trespass damages.

Procedural history: At trial, the court held that there could not
be a trespass without some damage to the land. The jury found
in favor of D and P appealed on the grounds that the jury
instructions were improper. The decision was reversed and
remanded for new trial.

Reasoning: A trespasser is strictly liable regardless of intent or

negligence in entering the land of another. All that is required is
the intent to enter the land without permission. It is no defense
that the trespasser enters the land of another through honest
mistake or belief that the land belongs to the trespasser or to
another. If there is no actual physical damage, the court may
merely award nominal damages (e.g. one cent or one dollar) or
an injunction to stop the activity, if applicable.

Legal Issue: Is a defendant liable for trespass even if no

physical damage is caused?

78
 Language in use: Past Tenses

Past Continuous
Positive I /He/ She/ It was going
You/ We/ They were going

Negative I /He/ She/ It was not going

(wasn’t)
You/ We/ They were not going
(weren’t)

Questions Was I /he/ she/ it going

Were you/ we/ they going

Usage Example
1. We use the Past Continuous At two o’clock yesterday he
to talk about an action that was negotiating the terms of a
was in progress at a specific contract with his partners.
time in the past.
2. We use the Past Continuous He was listening carefully
to talk about two actions that while he was explaining his
were in progress at the same behaviour.
time in the past. In this case,
we use while with the past
continuous.
3. We use the Past Continuous It was raining. John was
to give the background driving his old truck through
information in a story. the forest. It was getting dark.
Time expressions
While, when, as, all day / night / morning, etc.

79
Exercise 14. Match Column A with Column B.

Column A Column B
1. While I was walking home a. while he was trying to steal
a car.
2. At four o’clock yesterday b. the criminal escaped.
evening
3. They arrested him c. as he was walking in the
garden
4. As he was giving evidence d. he was running a seminar on
Family Law.
5. He lost his key e. they heard a strange noise.
6. While they were talking f. I met Peter.

Exercise 15. Join the sentences using as, when or while.

1. She was walking in the park. Someone attacked her.

2. He was talking on the phone. Two men entered the room.
3. He was examining the fact. The police found new evidence.
4. He felt nervous. The judge was asking him questions.
5. They saw nothing unusual. They were walking down the
street.

Exercise 16. Put the verbs in brackets into the Past Simple
or Past Continuous.

1. I ……………. (eat) my lunch when the telephone ………..

(ring).
2. We …………… (see) a bad accident as we ………… (drive)
to the airport.
3. He ……….. (ride) his bicycle to school when he ………..
(drop) his bag.
4. When Erick …….. (get) home he ………….. (see) that
someone ………… (try) to open the door.

80
Exercise 17. Put the verbs in brackets in the Past Simple or
Past Continuous tense.
1. The railroad employee (try) to help a passenger board the
moving train when the passenger (drop) his package. 2. The
package (explode) and (injure) Ms. Palsgraf. 3. The employee
(try) to help the passenger while the train (move). 4. The
passenger who (want) to catch the train (carry) a package. 5. The
passenger (lose) his balance while he (board) the train. 6. 700
people (burn) themselves while they (drink) coffee from the
McDonald’s restaurant. 7. The court (find) the defendant liable
and (order) him to pay damages.

Past Perfect
I /He/ She/ It
Positive had gone
You/ We/ They

I /He/ She/ It
Negative had not (hadn’t) gone
You/ We/ They

gone
Questions Had I /he/ she/ it
you/ we/ they

Usage Example
1. We use the Past Perfect to The meeting had finished by 6
talk about something that o’clock.
happened before a certain
time in the past.
2. We use the Past Perfect They had arrived by the time
with past simple to talk about we left.
two actions that happened
at different times in the

81
 past.
Time expressions
We often use these time Diana phoned after I had
expressions with the past come home.
perfect: by, already, after,
just I had just finished my report
when Matt phoned.

Exercise 18. Join the sentences using the words in brackets.

Put the verbs into the correct form of the Past Perfect or the
Past Simple.

1. She drafted an agreement. Then she came home. (after)

After she had drafted an agreement, she came home.
2. I found a solution to my problem. Then, I felt happier. (when)
…………………………………………………………………
3. Mary read the contract. Then, she signed it. (before)
………………………………………………………………….
4. The bank robbers escaped. Then, the police arrived. (before)
………………………………………………………………….
5. The plane took off. Then, he reached the airport. (by the time)
………………………………………………………………….
6. The football match finished. Then, the fans left the stadium.
(when)…………………………………………………………...
7. He locked the door. Then, the phone rang. (after)
…………………………………………………………………..

Exercise 19. Put the verbs in brackets into the correct form
of the Past Perfect.

1. Anna …………… (return) home before the storm broke out.

2. By the age of 35 he ………….. (become) an outstanding
attorney.
3. By the end of the year he …………. (win) two awards.
4. The girls were frightened because they ………… (not / be) on
a plane before.

82
5. …………………… (Rick / complete) his report by the time
you called her?
6. We …………….. (not / finish) our meeting when he came.
7. …………………. (they / buy) tickets before they left?
8. I phoned Carl at six, but ………………. (go) out.

Exercise 20. Put the verbs in brackets in the Past Simple or

Past Perfect tense

1. The jury (find) for Ms. Liebeck as 700 people (be injured
before). 2. Ms. Liebeck (claim) damages from McDonald’s after
the restaurant (refuse) to cover her medical expenses. 3.
McDonald’s (refuse) to cover Ms. Liebeck’s medical expenses
as they (win) more than 700 similar cases before. 4. The railroad
appealed after the court (find) them liable. 5. The last instance
(reverse) the decision as the defendant (do) everything to
prevent the danger. 6. The injured party (terminate) the contract
after the breaching party (breach) a condition. 7. The claimant
(fail) to arrange a port for the loading of goods as the defendant
(not notify) them of the date of shipment. 8. The share price of
the company (go) up after it (sell) its electrical division.

Past Perfect Continuous

I /He/ She/ It
Positive had been going
You/ We/ They

I /He/ She/ It had not (hadn’t) been

Negative going
You/ We/ They

Questions Had I /he/ she/ it been

you/ we/ they going
Usage Example

83
We use the Past Perfect They were extremely fit
Continuous for an action in because they had been
progress for some time before training for weeks.
another activity or time in the
past.( past equivalent of the
Present Perfect Continuous)
Time expressions
We often use these time They had been deliberating
expressions since, for. for hours before they made a
decision.

Exercise 21. Put the verbs in brackets in the Past Perfect

Continuous.

1. The court ordered McDonald’s to pay punitive damages

because they knew that their coffee was far too hot and all that
time it (injure) people. 2. Ms. Liebeck claimed damages after
she (undergo) medical treatment for two years. 3. Mr.
Mohammed knew about the progress of sale as for some time he
(plan) human resources. 4. Before the offender was arrested he
(use) a false passport for more than a year. 5. The defendant
company was found liable as they (produce) defective products.

Exercise 22. Open the brackets and put the verbs in a

suitable past tense (Past Simple, Past Continuous, Past
Perfect and Past Perfect Continuous).

1. Ms. X (sue) the company after she (find) a snail in her beer. 2.
She (feel) sick after she (drink) the beer. 3. The claimant (file) a
lawsuit against the tennis club as their tennis balls (fall) on the
claimant’s land and (cause) damage to their garden. 4. The court
(order) the club to erect a wall but it (not satisfy) the claim to
make the club relocate as the club (be) there before the claimant

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(buy) the land. 5. Charles (get) really furious after the store
(refuse) to replace or refund the defective computer. 6. The store
(threaten)to sue Charles for defamation as he (spread) lies about
their business practices. 7. The manager of the store (ask)
Charles for his address while Charles (dissuade) potential
customers from entering the store.8. The manager (be) sure that
Charles (want) a refund because he (buy) a similar computer
from a competitor at a lower price. 9. The buyer is entitled to a
replacement as the sales manager (not point) out the defect when
the buyer (purchase) the product.10. Ms. Liebeck (spill) the
coffee on her lap while she (open) the container. 11. O.J.
Simpson’s lawyers (manage) to prove that the police (falsify)
some of the evidence and the jury (find) the defendant not
guilty.

Revision
1. Give the definition of a tort and describe how it is different
from a crime.
2. Name the categories of tort and give examples.
3. Describe the remedies, available at tort law.
4. How can negligence be proven?
5. Why has the Stella Liebeck case attracted so much publicity?
What are the facts of the case?
6. The Stella Liebeck case has led to attacks on frivolous
lawsuits, criticizing unjustifiably huge verdicts of the jury.
Arguments were made for a tort reform, which would put
limits on the consumers’ ability to hold wrongdoers
accountable. How strong are the arguments of the proponents
of the reform?
7. Describe the procedural history and the ruling in the
Dougherty v. Stepp. Give the reasoning for the ruling.
8. What category of tort does trespass belong to?

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 UNIT 6. CRIMINAL LAW
Reading 1. Glossary
1. criminal law ɭɝɨɥɨɜɧɨɟɩɪɚɜɨ
2. body of law ɨɛɥɚɫɬɶɩɪɚɜɚ
3. to deal with ɢɦɟɬɶɞɟɥɨɫ ɱɟɦɥɢɛɨ
ɡɚɧɢɦɚɬɶɫɹ ɱɟɦɥɢɛɨ
4. legal punishment ɡɚɤɨɧɧɨɟɧɚɤɚɡɚɧɢɟ
5. criminal offenɫe ɭɝɨɥɨɜɧɨɟɩɪɟɫɬɭɩɥɟɧɢɟ
6. to intend ɧɚɦɟɪɟɜɚɬɶɫɹ
7. to protect ɡɚɳɢɳɚɬɶ
8. harm ɜɪɟɞ
9. to do harm ɩɪɢɱɢɧɢɬɶɜɪɟɞ
10. to inflict punishment ɧɚɥɨɠɢɬɶɧɚɤɚɡɚɧɢɟ
11. to threaten with ɝɪɨɡɢɬɶɱɟɦɥɢɛɨ
12. to aim ɢɦɟɬɶɰɟɥɶɸ
13. to prevent ɩɪɟɞɨɬɜɪɚɬɢɬɶ
14. disturbance of the ɧɚɪɭɲɟɧɢɟɨɛɳɟɫɬɜɟɧɧɨɝɨ
public peace and order ɩɨɪɹɞɤɚɢɫɩɨɤɨɣɫɬɜɢɹ
15. conduct ɩɨɜɟɞɟɧɢɟ
16. execution ɤɚɡɧɶ
17. loss of liberty ɥɢɲɟɧɢɟɫɜɨɛɨɞɵ
18. government supervision ɝɨɫɭɞɚɪɫɬɜɟɧɧɵɣɧɚɞɡɨɪ
19. parole ɭɫɥɨɜɧɨ-ɞɨɫɪɨɱɧɨɟ
ɨɫɜɨɛɨɠɞɟɧɢɟ
20. probation ɭɫɥɨɜɧɵɣɫɪɨɤ
21. fine ɲɬɪɚɮ
22. murder ɭɛɢɣɫɬɜɨ
23. illegal act ɩɪɨɬɢɜɨɡɚɤɨɧɧɨɟɞɟɣɫɬɜɢɟ
24. criminal code ɭɝɨɥɨɜɧɵɣɤɨɞɟɤɫ
25. to enforce ɨɛɟɫɩɟɱɢɜɚɬɶɜɵɩɨɥɧɟɧɢɟ
26. private party ɱɚɫɬɧɚɹɫɬɨɪɨɧɚ
27. prosecution ɭɝɨɥɨɜɧɨɟɩɪɟɫɥɟɞɨɜɚɧɢɟ
28. legal dispute ɩɪɚɜɨɜɨɣɫɩɨɪ
29. prosecutor ɨɛɜɢɧɢɬɟɥɶ

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 30. to initiate the suit ɜɨɡɛɭɞɢɬɶɞɟɥɨ
31. to bring the suit ɩɨɞɚɬɶɢɫɤ
32. burden of proof ɛɪɟɦɹɞɨɤɚɡɵɜɚɧɢɹ
33. beyond a reasonable ɛɟɡɪɚɡɭɦɧɵɯ ɨɫɧɨɜɚɧɢɣ
doubt ɞɥɹɫɨɦɧɟɧɢɣ; ɜɧɟɜɫɹɤɨɝɨ
ɪɚɡɭɦɧɨɝɨɫɨɦɧɟɧɢɹ
34. guilty ɜɢɧɨɜɧɵɣ
35. claimant ɢɫɬɟɰ
36. liable ɨɬɜɟɬɫɬɜɟɧɧɵɣ
37. on the balance of ɧɚɨɫɧɨɜɚɧɢɢɩɟɪɟɜɟɫɚ
probabilities ɚɪɝɭɦɟɧɬɨɜ; ɩɪɢɧɰɢɩ
ɛɨɥɶɲɟɣɜɟɪɨɹɬɧɨɫɬɢ
38. strict liability ɫɬɪɨɝɚɹɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ
39. traffic offence ɧɚɪɭɲɟɧɢɟɉȾȾ
40. criminal act ɩɪɨɬɢɜɨɩɪɚɜɧɨɟɞɟɣɫɬɜɢɟ
41. criminal intent ɩɪɟɫɬɭɩɧɨɟɧɚɦɟɪɟɧɢɟ
42. to convict of ɩɪɢɡɧɚɬɶɜɢɧɨɜɧɵɦɜɱ-ɥ,
ɨɫɭɞɢɬɶɡɚ
43. to incarcerate ɩɨɫɚɞɢɬɶɜɬɸɪɶɦɭ
44. to fine ɨɲɬɪɚɮɨɜɚɬɶ
45. to find liable ɩɪɢɡɧɚɬɶɨɬɜɟɬɫɬɜɟɧɧɵɦ

ƒ Read the text to answer the questions that follow.

Criminal law (also known as penal law) is the body of law

that deals with crime and the legal punishment for criminal
offences. Criminal law intends to protect the public from harm
by inflicting punishment upon those who have already done the
harm and by threatening with punishment those who want to do
harm. The harm that criminal law aims to prevent may be
different. It may be physical harm, death, or bodily injury to
human beings; the loss of or damage to property; sexual
immorality, danger to the government, disturbance of the
public peace and order; or injury to the public health.

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 Criminal law often tries to avoid harm by forbidding conduct
that may lead to harmful results. Criminal punishment,
depending on the offence and jurisdiction, may include
execution, loss of liberty, government supervision (parole or
probation), or fines.
There are some archetypal crimes, like murder, but the
illegal acts are not wholly the same between different criminal
codes. Criminal law typically is enforced by the government,
unlike the civil law, which may be enforced by private parties.
Criminal law involves prosecution by the government of a
person for an act that has been classified as a crime. Civil cases,
on the other hand, involve individuals and organizations seeking
to resolve legal disputes.
In criminal cases, the state, through a prosecutor, initiates
the suit, while in a civil case the victim brings the suit. The
burden of proof in criminal cases is higher than in civil cases.
The prosecution must prove beyond a reasonable doubt that
the accused is guilty of every element of the crime charged. In
civil cases the claimant must show that the defendant is liable
on the balance of probabilities.
Most crimes (except for strict liability crimes and some
traffic offences) are characterized by two elements: a criminal
act (actus reus) and criminal intent (mens rea). The prosecution
must prove that both of these elements were present.
Persons convicted of a crime may be incarcerated, fined or
both. However, persons found liable in a civil case only have to
give up property or pay money, but are not incarcerated.

Exercise 1. Answer the questions based on the text.

1. What does criminal law deal with?

2. What is the aim of criminal law and how is it achieved?
3. What types of harm does criminal law aim to prevent?
4. What legal punishments are available in criminal law?

88
5. How is the enforcement of criminal law different from the
enforcement of civil law?
6. What is the difference between the parties to a criminal and a
civil case?
7. How is the burden of proof different in criminal and civil
cases?
8. What are the two necessary elements of almost all crimes?
Which crimes do not require mens rea?
9. Can persons who have been found liable in a civil case be
punished by incarceration?

Exercise 2. Match the words to make word combinations.

1. intend a. punishment
2. criminal b. with punishment
3. inflict c. to protect
4. threaten d. harm
5. do e. offence
6. loss f. liable
7. find g. acts
8. convict h. disputes
9. illegal i. of liberty
10. legal j. of a crime
11. public peace k. code
12. criminal l. and order
13. initiate m. supervision
14. government n. the suit

Exercise 3. Fill in the gaps with suitable prepositions.

1. Criminal law deals_______ crimes and legal

punishments_______criminal offences. 2. Criminal law intends
________ protect public ________harm. 3. It inflicts
punishment ________ criminals and threatens ________

89
punishment potential offenders. 4. The prosecution must prove
that the defendant is guilty________every element of crime. 5.
The claimant needs to prove liability ________ the balance of
probabilities. 6. Most crimes are characterized _________two
elements. 7. Criminal punishment depends ________ the
offence. 8. Persons convicted _______crime may be
incarcerated.

Exercise 4. Read about the differences between criminal and

civil procedures and make notice of the language used to
describe them.

x In criminal law the prosecutor starts the prosecution, and

if he or she is successful, the defendant (accused) is found
guilty, is convicted of the crime charged and may be
sentenced to a punishment.
x In civil law a private party/the claimant (UK)/ the plaintiff
(US) brings a lawsuit/ sues the defendant, and if he or she
is successful, the defendant is found liable and may be
ordered to pay damages, to perform the contract or to stop
tortious behaviour.

Exercise 5. Put the following words into the two columns

(sometimes the same word goes to both columns).

prosecution, prosecutor, defendant, claimant, private party,

accused, liable, guilty, convict, damages, sentence, punishment,
tortious behaviour

Criminal law Civil law

1. prosecution 1. claimant
2. 2.
3. 3.
4. 4.

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 5. 5.
6. 6.
7.
8.

CRIMINAL PROCEDURE

Exercise 6. Here are the stages of the criminal procedure.

Put them in the table in the correct order (some stages have
been completed for you).

Conviction or acquittal of accused; apprehension of suspect;

interrogation of witnesses; appeal against judgment; charge of
suspect; appearance in court; remand in custody or release on
bail; sentence by judge.

1. Crime reported
2. Investigation by police
3. Investigation of suspect
4……………………..
5……………………..
6. ……………………or…………………….
7. Interrogation of accused and ………………
8……………………..
9. Decision of jury
10. Judgment of judge
11………………. or…………………
12……………......
13………………..

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 Language in use: Passive Voice
There are several examples of the passive constructions in
Reading 1. Find them. Complete the rule.
x The passive consists of two verb forms. The first is a form
of the auxiliary verb_______. The second is the _________
form of the main verb.
x Usually the agent is not named in the passive sentence. If
it is named, it is introduced by the preposition _________.

Study the table.

tense active passive

Present The police The crime is
simple investigate the crime. investigated (by the
police).
Past simple The police The crime was
investigated the investigated (by the
crime. police).
Present The police have The crime has been
perfect investigated the investigated ( by the
crime. police)
Future The police will The crime will be
simple investigate the crime. investigated (by the
police)
infinitive The police must The crime must be
investigate the crime. investigated ( by the
police)

Note: passive constructions are only possible with transitive

verbs (verbs which take direct objects): arrest the suspect;
convict the accused; sentence the defendant, etc. They are not
possible with intransitive verbs (verbs which can’t be followed
by direct object), such as sleep, bleed, etc.

92
Exercise 7. Now put the stages of the criminal procedure
from exercise 6 in the passive voice. One of the stages is not
possible in the passive. Put it in the active. Start in the
following way.

First the crime is reported and investigated by the police. Then

the suspect………………………………………………………
...…………………………………………………………………
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………..

Exercise 8. Put the sentences in the passive voice where

possible. Two of the sentences are not possible in the passive.
Why not?

1. The police arrested the suspect and charged him with arson.
2. The court didn’t release the suspect on bail. They remanded
him in custody.
3. The Magistrates’ Court will hear the case.
4. The defendant has pleaded “not guilty”.
5. The jury found the accused guilty as charged.
6. The lawyers usually cross-examine the witnesses.
7. Tomorrow morning the defendant will appear in court.
8. The court convicted the defendant and sentenced him to 3
years in prison.
9. The Parole Board released the convict on parole.
10. The court ordered the defendant to perform community
service.

Exercise 9. Complete the description of the O.J. Simpson

case by opening the brackets. Use either the passive or the
active constructions.

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1. In 1994 the former US football star and actor O.J. Simpson
…………………. (charge) with double murder of his ex-wife
and her friend.
2. A lot of evidence against O.J. Simpson………………….
(find) at the scene of crime.
3. O.J. Simpson ………………soon …………………(arrest)
after a long slow chase which …………………. (show) on
TV.
4. O.J. Simpson …………………. (hire) the best lawyers to
defend him.
5. The trial ………………… (watch) by millions of Americans.
6. The defense team proved that some of the evidence
……………………. (falsify) by the police.
7. As a result, the jury ………………… (deliver) the not guilty
verdict and O.J. Simpson …………………. (acquit).
8. However, in a civil action in 1997 Simpson ……………….
(find) liable for the wrongful death and ……………………
(order) to pay $ 33.5 million in damages.

Reading 2. Criminal offence

There are three categories of the criminal offence: summary

offences (misdemeanors), indictable offences (felonies) and
triable either way.
Summary offences are minor crimes, only triable in the
Magistrates’ Court without a jury.
Indictable offences are serious crimes, such as murder, which
can only be heard in the Crown Court. A formal document
which charges someone with an alleged criminal offence is
called the indictment.
Such cases as burglary or theft may be heard in either the
Magistrates’ Court or the Crown Court. They are triable either
way. If the defendant pleads guilty, the Magistrates’ Court can

94
either proceed to sentence or commit to the Crown Court for a
sentence to more severe penalties.
If the defendant pleads not guilty, the court decides the
mode of trial. If the person charged requests and is granted a
trial by jury, such trials take place in the Crown Court.

Complete the glossary.

1. summary offence ɦɟɥɤɨɟɩɪɟɫɬɭɩɥɟɧɢɟ

ɩɪɟɫɬɭɩɥɟɧɢɟɫɭɦɦɚɪɧɨɣ
ɸɪɢɫɞɢɤɰɢɢ
2. indictable offence ɫɟɪɶɟɡɧɨɟɩɪɟɫɬɭɩɥɟɧɢɟ
ɩɪɟɫɥɟɞɭɟɦɨɟɩɨ
ɨɛɜɢɧɢɬɟɥɶɧɨɦɭɚɤɬɭ
3. triable either way ɫɚɥɶɬɟɪɧɚɬɢɜɧɵɦɩɨɪɹɞɤɨɦ
ɫɭɞɟɛɧɨɝɨɩɪɟɫɥɟɞɨɜɚɧɢɹ
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Exercise 10. Are the statements true (T) or false (F)? Correct
the false statements.

1. Summary offences are more serious than indictable offences.

2. Indictable offences are heard in the Magistrates’ Court.
3. Offences triable either way are heard in the Crown Court.

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4. Indictment is another name for a jury verdict.
5. The Crown Court sentences to more severe penalties than the
Magistrates’ Court.
6. Trials by jury are not held in the Magistrates’ Court.
7. If the defendant pleads not guilty he will be acquitted by the
Magistrates’ Court.
8. If the defendant is granted a trial by jury, his case will be
heard in the Crown Court.

CRIMES

Exercise 11. Match the criminal with the definition of the

crime and form a noun to describe the crime.

Definition Criminal Name of the

crime
1. a criminal who a. mugger
steals smth.
2. a criminal who b. arsonist
attacks people in
the street and
demands their
money
3. a criminal who sets c. blackmailer
fire to property
4. a criminal who d. kidnapper
steals smth. small
from a shop
5. a criminal who e. thief
kills smb. on
purpose
6. a criminal who f. burglar
takes control of a
plane or train by
using violence or
threats of violence

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7. a criminal who g. hijacker
threatens to make
secret things public
and demands
money for the
silence
8. a criminal who h. vandal
enters other
people’s house in
order to steal
things
9. a criminal who i. robber
damages other
people’s property
on purpose
10. a criminal who j. forger
takes a person by
force and demands
ransom for their
release
11. a criminal who k. pickpocket _______
steals smth. from a
bank or a shop by
using force
12. a criminal who l. murderer
makes illegal
copies of
documents or
works of art in
order to deceive
people.
13. a criminal who m. shoplifter
steals money or
other things from
people’s pockets,
especially in
crowded places.

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Classify the crimes into 2 categories.

Crimes against a person Crimes against property

Exercise 12. Work with a partner and correct mistakes in

the following sentences, putting the stress on the corrected
information.

Example: A: A forger sets fire to buildings.

B: No, an arsonist sets fire to buildings. A forger
makes illegal copies of documents or works of art in order to
deceive people.
1. A mugger kills people on purpose.
2. A shoplifter steals things from people’s pockets.
3. A burglar damages people’s property on purpose.
4. A hijacker threatens to make secret things public and
demands money for the silence.
5. A burglar steals things from a bank or a shop by using force.
6. A thief takes control of a plane or a train by using violence or
threats of violence.

Exercise 13. Look at the list of crimes. Check the definition

of those you don’t know.

ƒ tax evasion; ƒ stalking;

ƒ money laundering; ƒ manslaughter;
ƒ murder; ƒ forgery;
ƒ drug trafficking; ƒ fraud;
ƒ robbery; ƒ burglary;

98
ƒ theft; ƒ bribery;
ƒ rape; ƒ embezzlement;
ƒ joyriding; ƒ drunk driving;
ƒ kidnapping; ƒ domestic violence;
ƒ arson; ƒ extortion;
ƒ assault and battery; ƒ insider dealing;
ƒ vandalism; ƒ obstruction of justice;
ƒ shoplifting; ƒ mugging

Which of them are violent crimes?

Exercise 14. Look at the list of punishments. Match the

punishment with its definition.

1. to fine a. to be sentenced to death

penalty
2. to sentence to imprisonment b. to order to do unpaid
(to 1,2,3,etc years in prison) community work
3. to place on a community c. to be sentenced to serve
service order time in jail
4. to give a suspended d. to give a period of time
sentence/ put on probation when the convict has to
behave well to avoid being
sent to prison.
5. to sentence to execution e. to order to pay an amount
of money as a punishment
for breaking a law.

Exercise 15. Now look at the crimes in Exercise 13 and

decide how they should be punished. Use should/must +
passive infinitive.

Example: Murder is a very serious crime. Someone who has

committed murder should/must be sentenced to life
imprisonment.

99
 People in court

Using the words on the list, label the picture. Then match the
term and the picture with the definition.

the accused/ the defendant witness court reporter

judge defense lawyer prosecutor jury
police officer

100
 ƒ someone who presides in a
court of law and who makes a
decision on how a criminal
should be punished
ƒ someone who tells a court
what they know about the
crime
ƒ someone whose job is to arrest
those who break the law
ƒ someone who has been
accused of a crime and is on
trial
ƒ a group of people who judge a
court case and decide if the
accused is guilty or innocent
ƒ a professional who represents
the accused in court
ƒ a professional who represents
the state in court
ƒ someone who takes notes of
what is said in court

Reading 3. Glossary
Study the given words and expressions and continue the
glossary on your own.

Presumption of innocence ɉɪɟɡɭɦɩɰɢɹ ɧɟɜɢɧɨɜɧɨɫɬɢ

Plead guilty ɉɪɢɡɧɚɜɚɬɶɫɟɛɹɜɢɧɨɜɧɵɦ
Impartial Ȼɟɫɩɪɢɫɬɪɚɫɬɧɵɣ
Give/pass a sentence
Juror

101
Be prejudiced against/in
favour of sb

ƒ What is a trial?

At Trial
Part 1.

When a crime is committed the state brings a criminal action

against a person suspected of the crime. Under the presumption
of innocence the accused is not guilty until he pleads himself
guilty or is proven guilty in a court of law. Criminal cases are
tried by a jury of 12 ordinary citizens who are chosen at random
from voter registration lists. In a jury trial the jury listens to the
facts and gives a verdict. The judge presides in court during the
trial and acts as an impartial referee; he determines the law and
gives a sentence.
The first step is jury selection process, called "voir dire",
where the prosecution and defence lawyers choose the jurors
by asking them questions about their views. They are allowed to
exclude a number of jurors who they think may be prejudiced
in favour or against the accused by using “peremptory
challenges” and challenges “for cause”. A peremptory
challenge can be used to exclude a juror for any reason or no
reason given and a challenge for cause can be used to exclude a

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juror who has shown that he or she cannot be truly objective in
deciding the case.
At the next stage prosecution and defence lawyers give
opening statements by presenting their cases. Because it is the
prosecutor who has to prove that the defendant is guilty, they
give their opening statements first. During the trial itself first the
prosecution and then the defence present evidence and call
witnesses to testify about what they know about the crime.
Witnesses for the prosecution can be cross-examined by the
lawyers for the defence and vice versa.
After both parties have presented their cases, the jury
discusses the case and decides on the verdict. The decision
must be unanimous; it means that all 12 jurors think that the
prosecution has proved the guilt of the accused beyond a
reasonable doubt. If there is doubt, a verdict of “not guilty” is
given and the accused is acquitted. If the verdict is “guilty”, the
judge will give a sentence. If the defendant disagrees with the
verdict, they may appeal against it.

Are the following statements true (T) or false (F)? If the

statement is not true correct it.

1. When a crime is committed the victim of the crime begins the

case against the suspect.
2. The accused person does not have to prove that they are
innocent of the offence.
3. The jurors must have some legal knowledge in order to be
chosen to try the facts during a trial.
4. The judge in court investigates the case before him.
5. The jury considers the facts and decides on a sentence.
6. Jurors may be excused by the judge if they may have a bias in
favour of or against the accused.
7. During the opening statements the lawyers call witnesses and
present evidence.

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8. Jurors may be cross-examined by the other party.
9. The verdict of the jury must be unanimous.
10. The guilt of the accused may be proven on the balance of
probabilities.

Part 2.

Legal procedures and the role of the judge vary in different

jurisdictions. The Common law system is adversarial, which
means that representatives from each side take opposing
positions and debate their case, while the judge is neutral until
the end when the verdict is given.
This contrasts with the inquisitorial legal system (commonly
found in European countries) where the judge plays a more
proactive role in preparing evidence, questioning witnesses and
finding the truth.

Study the following table

Adversarial legal system Inquisitorial legal

system
LEGAL when parties argue the truth is best
PREMISE
against each other, they discovered through
will best determine the a disinterested
truth; inquiry conducted
by the judge;
ROLE OF THE referee between active fact-finder,
JUDGE
prosecution and defence investigator;
lawyers;
WHO jury judge
DECLARES A
VERDICT

104
Arguments for the Adversarial legal system and arguments
for the Inquisitorial legal system.

Decide which of the following arguments can be given for either

of the systems. In the box Put A for adversarial system and I for
Inquisitorial in the box. One has been done as an example.
Previous decisions made by higher courts form a A
precedent, which will bind the judge of a lower court.
A distance between the judge and the parties to dispute
insures fairness and justice.

Because the parties compete against each other, they

are able to choose what evidence they put before the
court.
The system allows the parties to take control of their
case and present it in the light most favourable to the
client.
The judge prepares evidence and can decide what
evidence is admissible.

The system is unfair as parties may not have equal

opportunities to collect evidence and present a stronger
case by hiring a better lawyer.
By questioning witnesses himself the judge makes an
informed decision on the case.

The jury of one’s peers is more likely to give a fair

verdict as the judge is often prejudiced against the
person standing trial.

Decide which system is more fair and just. Give your

arguments to the group of your classmates.

105
Exercise 16. Match the word with its opposite and put the
pairs into the table.

criminal innocent convict plaintiff imprison

prosecution deny beyond a reasonable doubt confess
guilty biased acquit peremptory challenge release
defence civil defendant on the balance of probabilities
objective challenge for cause

innocent guilty

Exercise 17. Complete the sentences. Use one word from

each pair of opposites. The first one has been done as an
example.

1. The jury found the defendant ____guilty ______ and the

judge sentenced him to two years in prison.
2. There was not enough evidence for the jury to
__________________ the accused man of burglary.
3. The _________________ was accused of robbing the bank.
4. When the accused saw all the evidence against him he
decided to ______________ to the crime.
5. The state brought a __________________action against the
two men suspected of mugging.

106
6. He has served three years in prison and the authorities will
___________________ him tomorrow.
7. The judge used _______________________ to dismiss the
prospective juror when it became known that he was the
cousin of the accused.
8. The __________________ claims the accused is innocent as
he has an alibi for the day when arson was committed.
9. The prosecution convinced the jury
_________________________ and they gave a guilty
verdict.
10. During voir dire the defence lawyer challenged the potential
juror because he was likely to be ________________ against
the client.

Exercise 18. Courts can be distinguished with regard to the

type of cases they hear. Match the type of court with the
explanation of what happens there.

Types of courts

1. Juvenile Court a) This is where a case which

2. Court of Appeals,
Appeal court
3. Magistrates’ Court
4. High Court/ Supreme Court
5. Crown Court
6. Court of first instance/ lower
court
has been heard in a lower
court is reviewed.
b) This is usually the highest
court in a jurisdiction.
c) This is where serious
criminal cases are heard in
the UK.
d) This is where a person
under 18 is tried.
e) This is where a case is
heard for the first time.
f) This is where specially
chosen people consider
certain legal disputes, e.g.
employment disputes.

107
7. Tribunal g) This is where small
crimes are tried in the UK.

Exercise 19. Describe the different types of courts in your

country and the areas of law they deal with. Choose one type
of court in your country and explain what kind of cases it
deals with.

CRIME STORY

Exercise 20. Fill the gaps in the text with the words from the
box.

courtroom fine unanimous

appeal imprisonment innocent
suspected evidence not guilty
charged suspect witnesses
trial defendant robbery

A ………. was committed in the local post office last

spring. 5,000 pounds was stolen from the safe. The next day the
police investigated the scene of crime and found the tyre marks
in the backyard. After studying the security cameras the police
……….the unemployed Jack Barnes. When they searched his
garage and examined his car, they arrested the……….and
……….him with robbery.
Two months later the……….began. The
……….pleaded………..claiming that he had an alibi, because
he was in Manchester on the night of the robbery. However
when the prosecution presented all the……….and cross-
examined……….., the jury gave a……….guilty verdict. The
judge sentenced Barnes to a 3 year………., and imposed a
………..of 2,000 pounds. When Barnes was leaving the……….,

108
he shouted to the reporters “I didn’t do it! I am……….”. The
defense lawyer said he was planning to………..the verdict in the
higher court.
Revision
1. Summarise the differences between criminal and civil
cases. Speak on:
a. Parties involved b. Proceedings c. Outcomes

2. Complete the sentences describing criminal and civil

proceedings.

In criminal proceedings a 1……….prosecutes a 2……….. If the

latter is guilty, he or she will be 3.………and may be punished.
In civil proceedings a 4…………sues a 5………. If the latter is
found 6…………, he or she may have to pay 7…………… .

3. Describe the criminal procedure.

a. before the trial
b. during and after the trial

4. Answer the questions about the O.J. Simpson case.

x What was he charged with?

x Why was he arrested?
x Why was he acquitted?
x What was the outcome of the civil action against him?

A. Speak on the three categories of criminal offence in the UK

and the courts which hear the cases.
B. Speak on the punishments for criminal offences.

5. Complete the gaps with the suitable prepositions.

1. to be arrested……….murder; to be charged……….tax
evasion; to be suspected……….embezzlement; to be
accused……….bribery; 5. to be guilty…………. money

109
laundering; to be convicted ……………burglary; to be
sentenced……….imprisonment; to be acquitted……………a
crime; to be liable …………a civil wrong; to be liable
………… pay damages.

6. Translate into English.

1. Ɇɭɠɱɢɧɭɩɨɞɨɡɪɟɜɚɥɢɜɩɨɯɢɳɟɧɢɢɪɟɛɟɧɤɚ
2. ɉɨɞɨɡɪɟɜɚɟɦɨɦɭ ɛɵɥɨ ɩɪɟɞɴɹɜɥɟɧɨ ɨɛɜɢɧɟɧɢɟ ɜ
ɜɵɦɨɝɚɬɟɥɶɫɬɜɟɢɨɧɛɵɥɡɚɞɟɪɠɚɧ
3. Ȼɵɥɢɞɨɩɪɨɲɟɧɵɫɜɢɞɟɬɟɥɢ
4. ȾɟɥɨɫɥɭɲɚɥɨɫɶɜɋɭɞɟɄɨɪɨɧɵ
5. ȿɝɨ ɩɪɢɡɧɚɥɢ ɜɢɧɨɜɧɵɦ ɜ ɨɝɪɚɛɥɟɧɢɢ ɢ ɩɪɢɝɨɜɨɪɢɥɢ ɤ
ɞɜɭɦɝɨɞɚɦɬɸɪɟɦɧɨɝɨɡɚɤɥɸɱɟɧɢɹ
6. ɀɸɪɢ ɩɪɢɫɹɠɧɵɯ ɜɵɧɟɫɥɨ ɜɟɪɞɢɤɬ ɨ ɧɟɜɢɧɨɜɧɨɫɬɢ ɢ
ɨɛɜɢɧɹɟɦɵɣɛɵɥɨɩɪɚɜɞɚɧ
7. ɇɚɪɟɲɟɧɢɟɫɭɞɚɦɨɠɧɨɩɨɞɚɬɶɚɩɟɥɥɹɰɢɸ

7. Answer the following questions.

x Who are the key actors in the courtroom during a trial?

x How does the trial begin?
x Who are the jury?
x Explain the following terms: presumption of innocence, voir
dire, peremptory challenge and challenges for a cause,
beyond a reasonable doubt.
x Compare and contrast Adversarial and Inquisitorial legal
systems.
x Speak about the court system in your country.
x Go to a website of a popular English newspaper (e.g.
www.dailymail.co.uk, https://www.thesun.co.uk/) find a story
about crime and get ready to present it to the class. Make sure
you make use of topical vocabulary you have learnt.

110
 UNIT 7. COMMERCIAL LAW
Reading 1. Glossary
1. a wide range ɲɢɪɨɤɢɣɤɪɭɝ
2. to refer to ɢɦɟɬɶɨɬɧɨɲɟɧɢɟɤ
3. carriage of goods ɩɟɪɟɜɨɡɤɚɬɨɜɚɪɨɜ
4. competition law ɤɨɧɤɭɪɟɧɬɧɨɟɩɪɚɜɨ
ɚɧɬɢɦɨɧɨɩɨɥɶɧɨɟ
ɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨ
5. tax law ɧɚɥɨɝɨɜɨɟɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨ
6. real property law ɫɨɜɨɤɭɩɧɨɫɬɶɩɪɚɜɨɜɵɯɧɨɪɦ
ɨɬɧɨɫɹɳɢɯɫɹɤɧɟɞɜɢɠɢɦɨɫɬɢ
7. intellectual property ɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨɜɨɛɥɚɫɬɢ
law ɢɧɬɟɥɥɟɤɬɭɚɥɶɧɨɣ
ɫɨɛɫɬɜɟɧɧɨɫɬɢ
8. commercial dispute ɪɚɡɪɟɲɟɧɢɟɤɨɦɦɟɪɱɟɫɤɢɯ
resolution ɫɩɨɪɨɜ
9. to adopt civil codes ɩɪɢɧɢɦɚɬɶɝɪɚɠɞɚɧɫɤɢɟ
ɤɨɞɟɤɫɵ
10. the Uniform ȿɞɢɧɨɨɛɪɚɡɧɵɣ Ɍɨɪɝɨɜɵɣ
Commercial Code Ʉɨɞɟɤɫ
11. to unify ɨɛɴɟɞɢɧɹɬɶɭɧɢɮɢɰɢɪɨɜɚɬɶ
12. national legislature ɧɚɰɢɨɧɚɥɶɧɚɹ
ɡɚɤɨɧɨɞɚɬɟɥɶɧɚɹɜɥɚɫɬɶ
13. treaties and ɞɨɝɨɜɨɪɵɢɫɨɝɥɚɲɟɧɢɹ
conventions
14. within the framework ɜɪɚɦɤɚɯ
15. to be responsible for ɨɬɜɟɱɚɬɶɡɚ
16. to negotiate ɜɟɫɬɢɩɟɪɟɝɨɜɨɪɵ
17. to implement ɩɪɢɦɟɧɹɬɶ
18. to facilitate ɫɩɨɫɨɛɫɬɜɨɜɚɬɶɩɪɨɜɟɞɟɧɢɸ
transactions ɞɟɥɨɜɵɯɨɩɟɪɚɰɢɣ
19. to be occupied with ɛɵɬɶɡɚɧɹɬɵɦɱɟɦ-ɥɢɛɨ
20. (non-)contentious ɪɚɛɨɬɚɧɟɫɜɹɡɚɧɧɚɹɫ
work ɪɚɡɪɟɲɟɧɢɟɦɫɩɨɪɚɦɟɠɞɭ
ɫɬɨɪɨɧɚɦɢ

111

ƒ Read the text to answer the question in the title of the text

Reading 1. What is commercial law?

1. Commercial law is a general term which includes a wide

range of different areas of the law regulating business
commerce and consumer transactions: Company law,
Contract law, Bankruptcy law, Banking law, Tax law,
Carriage of goods, Competition law, Real property law,
Intellectual property law, Commercial dispute resolution,
etc. These areas refer to both Private law and Public law.

2. National jurisdictions adopt civil codes containing

statements of their commercial law, e.g. the Uniform
Commercial Code (UCC) operating throughout the USA.
The European Union (EU) is trying to unify national
commercial codes at the levels of national legislatures and
the European Parliament.

3. International trade is regulated by international treaties and

conventions made in the framework of the United Nations
Commission on International Trade Law (UNCITRAL) or the
World Trade Organization (WTO) which are responsible for
negotiating and implementing international commercial
agreements.

4. A great number of lawyers prefer to work in Commercial law

specializing in different aspects relating to business interests
of their clients in order to facilitate their transactions. A
commercial lawyer must have not only a good knowledge of

112
 different areas of law but also a good understanding of
modern business practices.

5. A commercial lawyer is typically occupied with two types of

activities: non-contentious and contentious work. Non-
contentious work mostly concerns advising clients on legal
issues and drafting legal documents (contracts). Contentious
work involves the consequences of contract breach.

Exercise 1. Match these questions (a-e) to the answers above

(1-5).

a. What does the work of a commercial lawyer involve?

b. What does the term Commercial law mean?
c. What two types of work does a commercial lawyer carry out?
d. How is International trade regulated?
e. Where is Commercial law expressed in writing?

Exercise 2. Match these areas of law with their definitions.

1. Tax law a. body of law which deals

with legal rights
associated with products
of the mind such as
patents, copyrights and
trade marks

2. Carriage of goods law b. law regarding a legal

procedure for the settling
of debts of individuals
and businesses unable to
pay what they owe.

3. Agency law c. law associated with the

obligations, use and rights

113
 of ownership of land or
whatever is growing or
built on it.

4. Negotiable instruments d. law regulating the

relationship where one
person, agent, acts on
behalf of another person,
known as the principal.

5. Real property law e. written and signed

documents which
represent a right of
payment for a specified
sum of money on demand
or at a defined time.

6. Intellectual property law f. body of law regulating

money paid to the
government in
connection with
commercial transactions.

7. Bankruptcy law g. a field of law concerned

with the legal
relationships between the
shipper (or owner) of
goods, the carrier, and the
receiver/consignee of
goods

114
Exercise 3. Make a common verb+ noun collocation of the
following words.

1. to adopt a. business clients

2. to regulate b. transactions
3. to facilitate c. legal documents
4. to draft d. commerce
5. to advise on e. civil codes
6. to involve f. knowledge and
understanding
7. to have g. consequences of contract
breach
8. to advise h. legal issues

Exercise 4. What do the following abbreviations stand for?

x WTO …………………………………………………………
x EU …………………………………………………………..
x UCC…………………………………………………….........
x UNCITRAL………………………………………………….

Exercise 5. Explain the following terms.

ƒ non-contentious work
ƒ contentious work
ƒ Commercial law
ƒ Tax law
ƒ Agency law
ƒ negotiable instruments
ƒ Intellectual property law

115
Exercise 6. Complete the phrases and sentences using
prepositions from the box.

for by on of in within

1. to advise clients ____ legal issues;

2. a breach ____ contract;
3. International trade is regulated ____ international treaties
and conventions;
4. A commercial lawyer is typically involved ____ two types
of activities;
5. They are responsible ____ negotiating and implementing
agreements;
6. treaties and conventions made ____ the framework of
the UN commission.

Exercise 7. Present the text in Reading 1 using the plan:

1. areas of law regulating trade and commerce;

2. commercial codes;
3. regulation of international trade;
4. role of a commercial lawyer;
5. work of a commercial lawyer.

Language in use: Negative and interrogative

(question) forms

We usually make negative forms by adding “not” to an auxiliary

(“helping”) verb (do/does/did, will, have, is/are, was/were etc.).

We usually make question forms by changing the word order. In

questions which we can answer with either “yes” or “no”, we
put an auxiliary verb before a subject. To ask for more

116
information, we use question words like “what” “when” “why”
“where” “how”.
• Michael had a chance to study IT law in an academic
setting. (positive)
• Michael did not (didn’t) have a chance to study IT law in an
academic setting. (negative)
• Did Michael have a chance to study IT law in an academic
setting? (interrogative)
• Where did Michael have a chance to study IT law?

Exercise 8. Make the following statements describing work

of a commercial lawyer negative and interrogative.

1. He normally litigates cases in court.

2. It is a wide range of work.
3. The work mostly depends on what clients need.
4. She drafted and submitted patent applications.
5. Clients often require lawyers to meet tight deadlines.
6. Working with people was interesting and demanding.
7. We are advising on legal issues relating to Tax law now.
8. He has dealt with cargo claims and contractual disputes.
9. They will penetrate an overseas market by setting up a joint
venture with a local company.

ƒ What is "Globalization"?
ƒ What are possible ways for a business to become a global
company?
ƒ What is Agency law?

117
 Reading 2. Role of commercial agents

Actually it is difficult to define the term "Globalization".

Many people understand it as a process of integration with free
flows of goods, capital, workforce, etc. all over the world.
If a business wants to enter and operate in a
foreign market, this company may have the following ways to
do it: to start a subsidiary, open a branch office, set up a joint
venture with a local company or get a local agent.
Commercial agency, where one person (the agent) acts and
is authorised to act for another (the principal), is particularly
important in international trade as it provides a convenient and
cost-effective structure to penetrate an overseas market.
The principal can benefit from the knowledge of the local
market and local connections of the agent and avoid the cost of
running an office or paying staff. Besides, commercial agents
are typically paid a commission (percentage of the sale price),
which means "no cure, no pay" basis.
A commercial agent is a self-employed intermediary who
is authorized to negotiate or to negotiate and conclude
business transactions on behalf and in the name of his
principal.
The position of commercial agents may be vulnerable and
they often become "victims of their own success", as principals
try to avoid intermediaries and enter into a direct contact with
clients as soon as their customer-base has been established.
Principal-agent relationships are normally regulated by a
commercial agency contract. Its provisions are based on
prevailing practices in international trade.

118
Exercise 9. Complete the Glossary to Reading 2.

1. free flow ɫɜɨɛɨɞɧɵɣɩɨɬɨɤ

2. goods ɬɨɜɚɪɵ
3. workforce ɪɚɛɨɱɚɹɫɢɥɚ
4. to enter/ to penetrate/ ɜɵɣɬɢɧɚɡɚɪɭɛɟɠɧɵɟɪɵɧɤɢ
foreign/ overseas markets
5. to operate on a market
6. to start a subsidiary/ branch
7. to set up a joint venture
8. cost effective
9. to benefit from

Exercise 10. Decide whether these statements are true (T) or

false (F). Correct the false ones.

1. If a business wants to enter a foreign market, the only way is

to set up a joint venture with a local company.
2. Commercial agency is very cost-effective.
3. Commercial agents are only given authority to negotiate
contracts on behalf of their principal.
4. Commercial agents are salaried intermediaries.
5. Principals often appear to be "victims of their own success".
6. Principal-agent relationships are difficult to regulate.

119
Exercise 11. Match the verbs (1-5) with the nouns (a-e) to
make common collocations.

1. to enter a) a joint venture

2. to set up b) intermediaries
3. to start c) local connections
4. to benefit from d) a subsidiary
5. to avoid e) a market

Exercise 12. Answer the questions based on Reading 2.

1. What is Commercial agency?

2. How can principals benefit from commercial agents?
3. Who is a commercial agent?
4. Why is commercial agents' position often vulnerable?
5. How are principal-agent relationships regulated?

ƒ Read the text and answer the question “What is ICC”?

Reading 3. International Chamber of

Commerce

International Chamber of Commerce (ICC), founded about a

hundred years ago (1919), is a unique global business
organization. It aims to strengthen commercial ties among
nations that is not only good for business but good for global
living standards and good for peace in the world.
It also provides impartial arbitration service, resolves trade
disputes which gives more security to commercial partners
doing business across boarders.

120
 ICC also developed a large number of rules, guidelines and
codes e.g. the famous "incoterms" - International Commercial
Terms.
Incoterms are accepted as the global standard for the
interpretation of the most common terms used in contracts for
the international sale of goods.
Commercial lawyers whose job involves international
transactions must be aware of incoterms. These rules are
accepted by governments, legal authorities and practitioners
worldwide. They are regularly incorporated into international
sales contracts.

Exercise 13. Arrange the given words in the correct order to

make questions, and then answer them.

1. the letters, for, do, UCC, stand, What?

2. International Chamber of Commerce, When, founded, was?
3 aim, What , it, does?
4. What, develop, ICC, did?
5. incoterms, Where, used, are?
6. of, be, Who , aware, must, incoterms?
7. are , these, accepted, rules, by, Who?
8. incorporated, are, incoterms, Where, often?

Exercise 14. Study some Incoterms 2010 and decide which

terms are beneficial for the Seller/ the Buyer.

ƒ EXW Ex Works (named place of delivery)

The buyer bears all costs and risks involved in taking the
goods from the seller's premises to the desired destination.
The seller's obligation is to make the goods available at his
premises (works, factory, and warehouse). This term

121
 represents minimum obligation for the seller. This term can
be used across all modes of transport.

ƒ FCA Free Carrier (named place of delivery)

The seller's obligation is to hand over the goods, cleared for
export, into the charge of the carrier named by the buyer at
the named place or point. The Buyer is responsible for
unloading the goods. This term can be used across all modes
of transport.

ƒ CPT Carriage Paid To (named place of delivery)

The seller pays the freight for the carriage of goods to the
named destination. The risk of loss or damage to the goods
occurring after the delivery has been made to the carrier is
transferred from the seller to the buyer. This term requires the
seller to clear the goods for export and can be used across all
modes of transport

ƒ CIP Carriage and Insurance Paid to (named place of

delivery)
The seller has the same obligations as under CPT but has the
responsibility of obtaining insurance against the buyer's risk
of loss or damage of goods during the carriage. The seller is
required to clear the goods for export however is only
required to obtain insurance on minimum coverage. This term
requires the seller to clear the goods for export and can be
used across all modes of transport.

ƒ DAP Delivered At Place (named place of delivery)

New Term - May be used for all transport modes. The seller
bears the responsibility and risks to deliver the goods to the
named place. The seller is required to clear the goods for
export. The buyer is responsible for effecting customs
clearance, and paying any import customs duties.

122
ƒ DDP Delivered Duty Paid (named place of destination)
The seller is responsible for delivering the goods to the
named place in the country of importation, including all costs
and risks in bringing and clearing the goods through customs
in the buyer's country. This includes duties, taxes and
customs formalities. This term may be used irrespective of
the mode of transport

Reading 4. Negotiable instruments

Part 1. What are negotiable instruments?

Glossary

negotiable instrument ɨɛɨɪɨɬɧɵɣ ɤɪɟɞɢɬɧɨ-ɞɟɧɟɠɧɵɣ

ɞɨɤɭɦɟɧɬ
negotiability ɨɛɪɚɳɚɟɦɨɫɬɶ (ɫɩɨɫɨɛɧɨɫɬɶ
ɮɢɧɚɧɫɨɜɵɯ ɢɧɫɬɪɭɦɟɧɬɨɜ
ɩɟɪɟɯɨɞɢɬɶɢɡɪɭɤɜɪɭɤɢɜ
ɪɟɡɭɥɶɬɚɬɟɤɭɩɥɢ-ɩɪɨɞɚɠɢ
delivery ɮɨɪɦɚɥɶɧɚɹɩɟɪɟɞɚɱɚ
ɫɨɛɫɬɜɟɧɧɨɫɬɢɜɜɨɞɜɨ
ɜɥɚɞɟɧɢɟ
endorsement ɢɧɞɨɫɫɚɦɟɧɬɩɟɪɟɞɚɬɨɱɧɚɹ
ɧɚɞɩɢɫɶɧɚɰɟɧɧɨɣɛɭɦɚɝɟ
ɩɨɞɬɜɟɪɠɞɚɸɳɚɹɩɟɪɟɯɨɞɩɪɚɜ
ɩɨɷɬɨɦɭɞɨɤɭɦɟɧɬɭɤɞɪɭɝɨɦɭ
ɥɢɰɭ
endorser ɢɧɞɨɫɫɚɧɬɥɢɰɨɞɟɥɚɸɳɟɟ

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 ɩɟɪɟɞɚɬɨɱɧɭɸɧɚɞɩɢɫɶɧɚ
ɜɟɤɫɟɥɟɢɥɢɱɟɤɟ
endorsee ɥɢɰɨɜɱɶɸɩɨɥɶɡɭɞɟɥɚɟɬɫɹ
ɩɟɪɟɞɚɬɨɱɧɚɹɧɚɞɩɢɫɶɧɚ
ɜɟɤɫɟɥɟ
to the order of ɜɩɨɥɶɡɭɩɥɚɬɢɬɟɩɪɢɤɚɡɭ
ɬɚɤɨɝɨ-ɬɨ
ɩɟɪɟɞɚɬɨɱɧɚɹɧɚɞɩɢɫɶɧɚɱɟɤɟ
ɢɥɢɜɟɤɫɟɥɟɩɨɫɥɟɢɦɟɧɢ
ɩɨɥɭɱɚɬɟɥɹɤɨɬɨɪɚɹɞɟɥɚɟɬ
ɜɨɡɦɨɠɧɵɦ ɟɝɨɩɟɪɟɞɚɱɭɢɡɪɭɤ
ɜɪɭɤɢɫɩɨɦɨɳɶɸ
ɩɟɪɟɞɚɬɨɱɧɨɣɧɚɞɩɢɫɢ
bearer ɜɥɚɞɟɥɟɰɱɟɤɚ

promissory note ɩɪɨɫɬɨɣɜɟɤɫɟɥɶɞɨɥɝɨɜɨɟ

ɨɛɹɡɚɬɟɥɶɫɬɜɨ
maker ɜɟɤɫɟɥɟɞɚɬɟɥɶ

payee ɩɨɥɭɱɚɬɟɥɶ

maturity date ɫɪɨɤɩɥɚɬɟɠɚɫɪɨɤɩɨɝɚɲɟɧɢɹ

bona-fide purchaser for
value
holder in due course, HDC
certificate of deposit, C D
debenture
ɜɟɤɫɟɥɹ
ɞɨɛɪɨɫɨɜɟɫɬɧɵɣɞɟɪɠɚɬɟɥɶ
ɞɨɤɭɦɟɧɬɚɩɪɟɞɫɬɚɜɢɜɲɢɣ
ɜɫɬɪɟɱɧɨɟɭɞɨɜɥɟɬɜɨɪɟɧɢɟ
ɡɚɤɨɧɧɵɣɞɟɪɠɚɬɟɥɶ
ɩɪɚɜɨɦɟɪɧɵɣɞɟɪɠɚɬɟɥɶ
ɞɟɩɨɡɢɬɧɵɣɫɟɪɬɢɮɢɤɚɬ
ɨɛɪɚɳɚɟɦɚɹɰɟɧɧɚɹɛɭɦɚɝɚɧɚ
ɩɪɟɞɴɹɜɢɬɟɥɹ
ɨɛɥɢɝɚɰɢɹɞɨɥɝɨɜɨɟ
ɨɛɹɡɚɬɟɥɶɫɬɜɨ
ɝɨɫɭɞɚɪɫɬɜɟɧɧɚɹɢɥɢ

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 ɤɨɪɩɨɪɚɬɢɜɧɚɹɞɨɥɝɨɜɚɹɰɟɧɧɚɹ
ɛɭɦɚɝɚɩɨɤɨɬɨɪɨɣ
ɜɵɩɥɚɱɢɜɚɟɬɫɹɩɪɨɰɟɧɬɧɵɣ
ɞɨɯɨɞ
naked debenture= ɧɟɨɛɟɫɩɟɱɟɧɧɚɹɨɛɥɢɝɚɰɢɹ;
unsecured debenture ɩɪɨɫɬɚɹɨɛɥɢɝɚɰɢɹ
Drawer ɜɟɤɫɟɥɟɞɚɬɟɥɶ

Drawee Ɍɪɚɫɫɚɬɩɥɚɬɟɥɶɳɢɤ
ɩɥɚɬɟɥɶɳɢɤɩɨɩɟɪɟɜɨɞɧɨɦɭ
ɜɟɤɫɟɥɸ
Letter of credit Ⱥɤɤɪɟɞɢɬɢɜ

Bill of exchange ȼɟɤɫɟɥɶɬɪɚɬɬɚɮɢɧɚɧɫɨɜɵɣ

ɞɨɤɭɦɟɧɬɤɨɬɨɪɵɣ
ɜɵɫɬɚɜɥɹɟɬɫɹɢɩɨɞɩɢɫɵɜɚɟɬɫɹ
ɤɪɟɞɢɬɨɪɨɦɜɟɤɫɟɥɟɞɚɬɟɥɟɦɢ
ɩɪɟɞɫɬɚɜɥɹɟɬɫɨɛɨɣɩɪɢɤɚɡ
ɞɨɥɠɧɢɤɭɩɥɚɬɟɥɶɳɢɤɭ
ɭɩɥɚɬɢɬɶɜɟɤɫɟɥɟɞɟɪɠɚɬɟɥɸ
ɭɤɚɡɚɧɧɭɸɫɭɦɦɭɩɨ
ɩɪɟɞɴɹɜɥɟɧɢɢɞɚɧɧɨɝɨ
ɞɨɤɭɦɟɧɬɚɢɜɨɛɭɫɥɨɜɥɟɧɧɵɣ
ɫɪɨɤ
the former, the latter ɉɟɪɜɵɣɭɩɨɦɹɧɭɬɵɣ
ɩɨɫɥɟɞɧɢɣɭɩɨɦɹɧɭɬɵɣ
issuer ɷɦɢɬɟɧɬ
beneficiary ɛɟɧɟɮɢɰɢɚɪɢɣ
ɜɵɝɨɞɨɩɪɢɨɛɪɟɬɚɬɟɥɶ

Negotiable instrument is a transferable financial document,

which is evidence of a debt and guarantees the right of payment.
It usually contains the following features:

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1) it must be in the written form
2) states unconditional promise or order to pay
3) states the name of the person to whom the payment is made
4) states a specified sum of money to be paid
5) states a specified date for payment, either “on demand”, or at
a certain time in the future

Negotiable means that the document can be transferred to

a third party, holding the same value to the new holder, who can
demand payment and bring a legal action in law if necessary.
The transfer can take place by endorsement, signing the
financial instrument, or delivery, actual transfer of possession.
Endorsement is a signature on the back of a financial instrument,
which gives the right for the money to be paid to the order of a
named person or to the bearer of (holder of) the document.
Payable “to the order” means that a sum of money is paid to a
certain person, and “to the bearer” is payable to the holder of the
instrument.
If the negotiable instrument is not endorsed (signed) it
becomes a high risk document and if it is stolen or lost, it is
considered to be void and having no value.
Negotiable instruments are used in commercial
transactions and have two basic functions: to pay and to get a
credit, or a loan. They are similar to a loan contract but do not
specify the obligations of the parties or punishment in case of
breach, if the payer defaults and does not pay.
The most typical examples of negotiable instruments
include promissory notes, bank cheques (American: checks),
debentures, bills of exchange and letters of credit.
A promissory note is a financial instrument where one
party, the maker, gives the other party, the payee, a written
promise to pay a definite some of money, either on demand or at
a certain future date. It is unconditional and can be sold or

126
transferred to a third party, as a result the ownership of the note
can pass to a person unconnected to the transaction. This person
is then called a bona-fide purchaser for value or holder in due
course (HDC). The HDC accepts the instrument in good faith
and for value (something in return), without giving notice to the
maker of the note. In case of a lawsuit between the HDC and the
maker, the former gets paid because they are protected against
usual defences to payment.
A certificate of deposit (CD) is issued by a bank in return
for a deposit of money for a term of up to five years. CDs are
used by banks to attract funds.
A debenture is a long-term loan, issued by a bank and secured
by the assets of the company. If it is unsecured it is described as
a naked debenture.
A bill of exchange is widely used to finance trade and to
obtain credit. It involves three parties: the drawer, the drawee
and the payee. The drawer gives a written order to the drawee
to pay a specified amount of money to the drawer or to a third
party, the payee, specified by the drawer. The money is paid at a
fixed time in the future or on demand. A bank cheque is a
negotiable instrument given to a payee (a person to be paid),
who can take it to the bank to be cashed or deposited into his
account.
Another example of a negotiable instrument is a letter of
credit. Letters of credit are widely used in the international
import and export trade as a means of payment. For example, in
an export contract, the importer opens at a local bank, the
issuer, a letter of credit for the amount of the goods in favour of
the exporter, the beneficiary. The latter will receive payment
in the negotiating bank in their country when the goods are
shipped and the shipping documents are presented to the bank.

127
Exercise 15. Are the following statements true (T) or false
(F)? If the statement is not true, correct it.

1. A negotiable instrument can be freely transferred physically

or by signing it.
2. An endorsement is a signature that makes possible the
transfer of a financial document to another party.
3. If the instrument is payable “to the order of” a certain person,
its holder can obtain payment.
4. The maker of a promissory note can demand payment at a
future date.
5. The holder in due course has to notify the maker that the
transfer of the instrument has taken place.
6. The maker can avoid payment under certain circumstances if
they are sued by the HDC.
7. The letter of credit is used in export-import contracts.
8. Negotiable instruments can be used to get a credit or to pay
financial obligations.

Exercise 16. Key terms: negotiable instruments. Match the

instrument with its definition.

1. a certificate of deposit A. a negotiable instrument that

2. a promissory note
3. a letter of credit
contains a promise to pay
another party a sum of
money at a certain date or
on demand.
B. a letter from one banker to
another authorizing the
payment of a specified sum
on certain specified
conditions.
C. a negotiable certificate with

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 a fixed term and a fixed
rate of interest.
4. a cheque D. a long-term instrument
which offers a fixed rate
over a long period
repayable at a fixed date.
5. debenture E. a negotiable instrument that
instructs the bank to pay a
stated sum of money to a
person named in the
instrument.

Exercise 17. Key terms: parties involved in the use of

financial instruments. Match the terms with the definitions.

1.payee A. a person in whose favour a

negotiable instrument is
endorsed.
2. endorsee B. a person who signs a bill of
exchange as a party ordering
payment.
3. drawer C. a person or organization to
whom the cheque is made
payable.
4. bearer D. a person who signs a
negotiable instrument and
who promises to pay an
obligation at a certain time in
the future.
5. maker E. a person who presents for
payment a cheque or a bill of
exchange marked “pay
bearer”.

129
 Part 2. Promissory note

A promissory note is a debt instrument which is often

created between a borrower and a lender. It is a debt instrument
that typically contains the following: the name promissory note,
the principal amount of money, interest rate, maturity date (the
date of payment), date and place of issuance and the maker’s
signature.
It is a legally binding document that is an enforceable
promise to pay a certain amount of money owned. The
promissory note is more formal than an IOU, (I Owe You).
Payments are made at regular intervals in regular installments or
on demand (payable on demand). If the borrower is unable to
pay back the money and defaults on the note, the lender can give
the note to a professional collection agency.

PROMISSORY NOTE
Principal amount ______________
Date issued___________
Interest rate __________________
Maturity date _________

FOR VALUE RECEIVED, the undersigned, (the “Maker”),

located at
____________________________________________________,
hereby promises to pay to the _____________________________
order of ________________________(the “Payee”), located at
_____________________________________________________
__________,
the principal sum of ________________________, together with
interest on the principal balance, and in accordance with the terms
set forth below.

PAYMENT. The principal amount of this Note together with

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accrued and unpaid interest and all other charges, costs and
expenses, is due and payable on or
before______________________. All payments under this Note
are applied first to accrued interest and then to the balance of the
outstanding principal.

COSTS AND FEES. In the event of default, the Borrower shall

pay to the Lender all costs of collection including reasonable
attorney’s fees.

Exercise 18. Read the text and answer the questions.

1. What is the purpose of a promissory note?

2. How is the money paid back?
3. What happens if the maker fails to pay?

Exercise 19. Explain the following terms.

1. the principal amount

2. interest rate
3. maturity date
4. default

Language in use: Questions to the subject

Most questions we ask are object questions that are questions to

the object of the sentence. We have to use inversion (change the
word order) and the auxiliary verb such as do/does/did.

Example: The bank pays money. - What does the bank pay? -
Money.
The maker borrows money. - What does the maker
borrow? - Money.
Money is the object of the sentence.

131
When we ask a question to the subject of a sentence we do not
change the word order or use an auxiliary verb.

Example: The HDC accepts the instrument in good faith and for
value. - Who accepts the instrument in good faith and for
value? - The Holder in due course.
In case of a lawsuit the HDC gets paid because they are
protected against usual defences to payment. – Who gets paid in
case of a lawsuit? Who is protected against usual defences to
payment? – The HDC.
To ask a question to the subject of a sentence, we put who or
what in the place of the subject. The word order is unchanged.

Exercise 20. Work in pairs. In turn ask and answer the

question to the subject of the sentence.

1. The maker signs a negotiable instrument promising to pay a

sum of money at a certain time in the future.
2. The bearer presents a check for payment in the bank.
3. The drawer signs a bill of exchange ordering payment.
4. The endorser signs a cheque to transfer a negotiable
document.
5. The payee is paid a sum of money specified in the cheque.
6. The bona fide holder gets the title to the instrument for
value and without knowledge of any defect in the title.
7. A promissory note is a written promise of the maker to pay
a certain sum of money to the payee at a future date.
8. A negotiable instrument is a guarantee of payment of an
amount of money to a person who holds the instrument.
9. A letter of credit is issued by a bank to the beneficiary at the
request of the applicant.
10. A bill of exchange is a three-party instrument.
11. A debenture is a long-term loan.

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 Revision
1. What areas does the term Commercial law include?
2. How is international trade regulated?
3. What does the work of a commercial lawyer involve?
4. What does Agency law regulate?
5. What is the role of a commercial agent?
6. What is the role of International Chamber of Commerce?
7. What are “incoterms”?
8. What are negotiable instruments? Name and characterize
them.

133
 UNIT 8. INTELLECTUAL
PROPERTY (IP) LAW

Reading 1. Glossary
1. Intellectual Property Law ɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨɜɫɮɟɪɟ
ɢɧɬɟɥɥɟɤɬɭɚɥɶɧɨɣ
ɫɨɛɫɬɜɟɧɧɨɫɬɢ
2. to secure ɝɚɪɚɧɬɢɪɨɜɚɬɶ
3. to enforce legal rights ɨɛɟɫɩɟɱɢɜɚɬɶɫɨɛɥɸɞɟɧɢɟ
ɢɫɩɨɥɧɟɧɢɟɸɪɢɞɢɱɟɫɤɢɯ
ɩɪɚɜ
4. to protect ownership ɡɚɳɢɳɚɬɶɩɪɚɜɨ
ɫɨɛɫɬɜɟɧɧɨɫɬɢ
5. personal property ɥɢɱɧɨɟɞɜɢɠɢɦɨɟ
ɢɦɭɳɟɫɬɜɨ
6. real estate ɧɟɞɜɢɠɢɦɨɟɢɦɭɳɟɫɬɜɨ
7. intangible assets ɧɟɦɚɬɟɪɢɚɥɶɧɵɟɚɤɬɢɜɵ
8. to give an incentive ɫɨɡɞɚɜɚɬɶ ɫɬɢɦɭɥ
ɩɨɛɭɠɞɚɬɶɫɬɢɦɭɥɢɪɨɜɚɬɶ
9. to benefit society ɩɪɢɧɨɫɢɬɶɨɛɳɟɫɬɜɭ
ɩɨɥɶɡɭɜɵɝɨɞɭ
10. misappropriation ɧɟɡɚɤɨɧɧɨɟɩɪɢɫɜɨɟɧɢɟ
11. unauthorized use ɧɟɡɚɤɨɧɧɨɟ
ɧɟɫɚɧɤɰɢɨɧɢɪɨɜɚɧɧɨɟ
ɢɫɩɨɥɶɡɨɜɚɧɢɟ
12. infringement ɧɚɪɭɲɟɧɢɟ
13. to exploit an invention ɢɫɩɨɥɶɡɨɜɚɬɶɢɡɨɛɪɟɬɟɧɢɟ
14. to grant a patent ɜɵɞɚɬɶɩɚɬɟɧɬ
15. an industrial application ɩɪɨɦɵɲɥɟɧɧɨɟ
ɩɪɢɦɟɧɟɧɢɟ
16. valid ɞɟɣɫɬɜɭɸɳɢɣ
17. a patentee ɩɚɬɟɧɬɨɞɟɪɠɚɬɟɥɶ
18. to infringe ɧɚɪɭɲɚɬɶ

134
 19. a remedy ɫɪɟɞɫɬɜɨɫɭɞɟɛɧɨɣɡɚɳɢɬɵ
20. to seek a court injunction ɞɨɛɢɜɚɬɶɫɹɫɭɞɟɛɧɨɝɨ
ɡɚɩɪɟɬɚ
21. to sue for damages ɩɪɟɞɴɹɜɥɹɬɶɢɫɤɨɜɨɟ
ɬɪɟɛɨɜɚɧɢɟɞɟɧɟɠɧɨɣ
ɤɨɦɩɟɧɫɚɰɢɢ
22. to avoid confusion ɢɡɛɟɝɚɬɶɩɭɬɚɧɢɰɵ
23. to distinguish ɪɚɡɥɢɱɚɬɶɨɬɥɢɱɚɬɶ
24. to register ɪɟɝɢɫɬɪɢɪɨɜɚɬɶ
25. passing off ɧɟɡɚɤɨɧɧɨɟɢɫɩɨɥɶɡɨɜɚɧɢɟ
ɬɨɪɝɨɜɨɣɦɚɪɤɢ
26. to apply to ɩɪɢɦɟɧɹɬɶɤ
27. creative expressions ɮɨɪɦɵɬɜɨɪɱɟɫɬɜɚ
28. to apply for ɩɨɞɚɜɚɬɶɡɚɹɜɥɟɧɢɟɡɚɹɜɤɭ
29. to produce copyright ɫɨɡɞɚɜɚɬɶɚɜɬɨɪɫɤɨɟɩɪɚɜɨ
30. to release ɜɵɩɭɫɤɚɬɶ

ƒ What does Intellectual property law deal with?

Reading 1. Intellectual Property Law

Intellectual property law deals with the rules for securing

and enforcing legal rights to inventions, brands, and artistic
works. Just as the law protects ownership of personal
property and real estate, it also protects the exclusive control of
intangible assets.
The purpose of these laws is to give an incentive for people
to develop creative works that benefit society by ensuring they
can profit from their works without fear of misappropriation
by others. Unauthorized use of intellectual property is known
as infringement.

135
Instruments protecting Intellectual property

Patents
A patent gives an inventor the exclusive right to exploit an
invention. However, a patent will only be granted if the
invention has not yet been shown in public and if it has an
industrial application. Patented items include new machines,
technological improvements, and manufactured goods. Patents
are typically valid for a period of up to 20 years.
If the patentee's rights are infringed, the remedies available
are: to seek a court injunction (meaning the infringer must stop
what he is doing) and to sue the infringing party for damages.

Trade marks
Trade marks protect symbols, names, and slogans used to
identify goods and services. The purpose is to avoid confusion
and help customers distinguish one brand from another. Rights
can potentially last forever, and they are obtained by simply
using a trade mark. While not required, owners can register
their marks for additional protection. The international symbol
of a registered trade mark is "TM". If a competitor starts to use a
trade mark that is so similar to the registered trade mark that
confusion might arise in the mind of the public, this offence is
called "passing off".

Copyright
Copyright is an exclusive right which applies to writings,
music, movies, computer programmes, artistic works,
architecture, and other creative expressions. However,
protection is not available for theories or ideas. The act of
creation itself produces copyright and unpublished works are
still protected. There is no need to apply for or to register
copyright. It is common to record the date of creation and put
the international copyright symbol (©) but it is not essential.

136
The period of protection depends on the type of work under
copyright. In the case of a novel e.g. it is the author's lifetime
plus 70 years, in the case of a song it is 50 years from the time it
was first released or broadcast.

Exercise 1. Answer the following questions.

1. Why is it important to secure and enforce legal rights to

inventions, brands and artistic works?
2. What is a patent? How long is a patent valid? What are
patented items?
3. What are the essential terms for granting a patent?
4. What remedies are available if the patentee's rights are
infringed?
5. What do trademarks protect?
6. Are owners required to register a trade mark? What is the
international symbol of a registered trade mark?
7. What is "passing off"?
8. What is copyright? What does it apply to?
9. Is it essential to register copyright? What is the international
copyright symbol?
10. What does the period of protection depend on? Give
examples.

Exercise 2. Match the verbs (1-9) with the nouns (a-i).

1. to sue for a. an invention

2. to produce b. a patent
3. to grant c. a society
4. to exploit d. legal rights
5. to apply for e. copyright

137
6. to benefit f. confusion
7. to enforce g. a patent
8. to protect h. ownership
9. to avoid i. damages

Exercise 3. Recall the situations from Reading 1 in which the

word combinations from Exercise 2 are used.

Exercise 4. Complete the sentences and word combinations

with the prepositions from the box.

on, under, for, of, to, of, from, for, up, to, for, of, to

1. It is common to record the date _____creation.

2. The period____protection depends_____the type of
work_____copyright.
3. A patent gives an inventor the exclusive right to exploit an
invention _____a period____ _____ _____ 20 years.
4. In some cases the patent holder can sue the infringing party
_____damages.
5. It’s not always easy to distinguish one brand ____ another.
6. It is forbidden to use a trade mark that is similar____ the
registered trade mark.
7. Copyright applies ____ writings, music, movies, computer
programmes, etc.
8. There is no need to apply ____ or to register copyright.

138
 Language in use: Question tags

Question tags are mini-questions that we often put at the end of

a sentence. In question tags we use an auxiliary ("helping")
verb (do/does/did, will, have, is/are, was/were etc.). Normally,
we use a negative question tag after a positive sentence and a
positive question tag after a negative sentence.
Study the examples:
x She works for a big multinational corporation, doesn't
she?
x They haven't patented their invention yet, have they?
x He drafted a lot of applications, didn't he?

Exercise 5. Complete the following questions with the

positive or negative tags from the box.

doesn't it, don't they, is it, didn't he, can't they, did it, won't
it, didn't they, has it

1. The patentee got an exclusive right to exploit the invention,

________________?
2. The invention hasn't been shown in public,
_______________?
3. The idea will have an industrial application,
________________?
4. The period of copyright protection depends on the type of
work, _______________?
5. The company didn't sue them for damages, ______________?
6. They sued for an injunction, __________________?
7. Trade mark rights can potentially last forever,
_______________?
8. Owners register their marks for additional protection,
___________________?
9. It is not essential, ________________?

139
Exercise 6. How, if at all, can the law give protection to the
following and prevent copying?

• a new perfume
• a TV talent show format
• a new song
• a new drug substance
• a toaster that downloads the outside temperature and toasts it
onto your bread
• a chocolate product with a distinctive taste
• a novel written in the 19th century
• a photo of the Tower of London at night
• a scientific theory, e.g. e=mc2
• a computer game

Exercise 7. Read the following cases. Define if a case refers

to a patent, trade mark or copyright; try to guess how the
court decided in each situation and why.

Case 1
A producer, Mr. Green developed and launched a TV show in
which amateur members of the public performed on the stage
and viewers could vote for their favourites. The show became
very popular and following its launch in the UK, the
Broadcasting Corporation of New Zealand introduced a very
similar programme. Mr. Green sued the EBC for infringement
of intellectual property. He claimed copyright in the format i.e.
repeated dramatic features, the use of the device called
"clapometer" to monitor audience reaction, the use of sponsors
to introduce competitors. The defendant responded that a talent
show format was too general a nature to be granted copyright
protection.

140
(Green v Broadcasting Corporation of New Zealand, 1989, RPC 700, Privy
Council. Abridged from swarb.co.uk.)

Case 2
This is an action for registered trade mark infringement and
passing off. The plaintiff company, WAGAMAMA, located in
London, owns and operates a noodle restaurant which fuses
Japanese cuisine and a plain, healthy lifestyle. WAGAMAMA
has been very successful and established reputation .The
defendant's company was also in the restaurant business and
named their new chain "RAJAMAMA", which sounded similar
to English speaking customers. In response to the claim the
defendant decided to change the brand name to RAJA MAMA's.
The plaintiff argues that whether the defendant uses
RAJAMAMA (one word) or RAJA MAMA's (two words) this
will constitute infringement of their registered trade mark and
passing off.
(Wagamama Ltd. V City Centre Restaurants plc, 1994, FSR 713, Chancery
Division. Abridged from swarb.co.uk.)

Case 3
0ĘOQ\FNH$%SDWHQWHGDGLVSRVDEOHQDSS\ZLWKIDVWHQHUVPDGH
of a Velcro-like material. The fasteners enabled a parent to
check a baby and refasten the nappy without damaging it. A
rival company, Proctor & Gamble, launched nappies of an
DOPRVWVLPLODUGHVLJQZKLFKOHG0ĘOQ\FNHWRILOHDODZVXLWIRU
their patent infringement. Proctor & Gamble, the defendant,
used grounds of obviousness in their defence. They claimed that
the fastening system was common, general knowledge and
challenged the validity of the patent.
0ĘOQO\FNH $% Y 3URFWHU  *DPEOH /WG ʋ5) 1994, RPC 49, Court of
Appeal. Abridged from swarb.co.uk.)

141
 Language in use: Indirect questions

Direct questions are "normal" questions that we can ask

friends, family members, and people who we know well.

Indirect questions are more formal and polite. We use them

when talking to a person we do not know very well, or in
professional situations and their form is a little different.
Compare:
Direct Indirect
What is a patent? Could you tell me what a
patent is?
When did the EBC I wonder when the EBC
introduce a similar show? introduced a similar show.
Why have they changed I don’t know why they
the brand name? have changed the brand
name.
What decision will be Do you have any idea how
given? the court will decide?
Does he need to register Do you know if/whether
his copyright? he needs to register his
copyright?

Be careful:
x in indirect questions with is/are the verb comes after the
subject
x in indirect questions the auxiliary verbs have, will come after
the subject
x in indirect questions we do not use the auxiliary verbs
do/does/did
x yes/no questions have no queVWLRQZRUGíLQGLUHFWTXHVWLRQV
have if/whether
Some phrases for indirect questions:
Could you tell me…/ Do you know …/ Do you have any idea …/
I’d like to know …/ I wonder …

142
Exercise 8. Change the following direct questions into
indirect using the phrases from the table above.

1. Why did they file a lawsuit?

2. What did he claim in court?
3. Did the court find the patent valid?
4. What did the court hold?
5. How can we prevent copying our new product?
6. Does a talent show enjoy copyright protection?
7. Was the defendant's company in the restaurant business?
8. Why did the defendant decide to change the name?
9. What was the new name?
10. What does the plaintiff argue?
11. What is "passing off"?
12. Was there copyright infringement?

ƒ What is copyright?
ƒ What does the notion of copyright involve

Reading 2. Copyright and Fair Use

Generally, copyright holders have the exclusive right to

produce and sell copies of the material. But most legal systems
allow important exceptions to this monopoly. A good example is
the fair dealing doctrine in the UK that allows a certain amount
of copying without asking permission. The USA recognizes the
concept of fair use that is less restrictive.
Several factors can help you decide if the use of the
material represents a copyright infringement or if it is fair use.
Thus, the purpose of copying cannot be commercial but you can
use copyrighted material for educational purposes. For example,

143
a teacher can read a poem aloud in class or make copies of a text
for using it in the classroom, a play can be performed at a
school, etc.
It is acceptable to copy the material for private use, like a
TV programme may be recorded and watched at home at a
convenient time.
You can make a photocopy of someone else's work for
private study, but you are allowed to copy only a small amount
in relation to the whole work. Copying a substantial part of a
book or an article is not fair use.
It is also important to consider whether the copyrighted
work is factual or imaginative. The more creative the material
is, the more strictly it is protected.
However, serious problems appear if copyrighted
materials, such as texts, images, music are spread electronically
and can be potentially downloaded or changed by other users. It
can seriously threaten the rights of copyright holders. So in
this sphere the rights to fair use are more restricted.
It is true that the limits of the fair use doctrine are still
unsettled and frequently changed. Some recent federal statutes
and judicial opinions restrict the use of information in favour of
copyright holders at the expense of users.
But the purpose of copyright law has always been to strike
a balance between copyright owners' rights and the freedom of
access to information. So the real issue nowadays is to find an
objective way of judging fair use in various environments.

Compile the glossary.

ɚFRS\ULJKWKROGHU ɜɥɚɞɟɥɟɰɚɜɬɨɪɫɤɨɝɨɩɪɚɜɚ

ɚQH[FOXVLYHULJKWWR ɷɤɫɤɥɸɡɢɜɧɨɟɩɪɚɜɨ ɧɚ ɱ-ɥ

restrictive ɨɝɪɚɧɢɱɢɜɚɸɳɢɣ

144
a copyright infringement ɧɚɪɭɲɟɧɢɟɚɜɬɨɪɫɤɨɝɨɩɪɚɜɚ

Exercise 9. Consult the dictionary if neɫessary and choose

the right prefix for each of the adjectives. In two cases more
than one variant is possible.

un-, in-, non-, dis-

1. enforceable unenforceable
2. exclusive
3. tangible
4. authorized
5. patentable
6. valid
7. similar
8. registered
9. restrictive
10. fair
11. acceptable
12. convenient
13. settled

145
Exercise 10. Fill in the gaps with prepositions.

to in at to for without to
of at to

ƒ to have the exclusive right …….. using the material;

ƒ to allow important exceptions …..…this rule;
ƒ allows ……… asking permission;
ƒ to use ………. educational purposes;
ƒ to watch a video ……… a convenient time;
ƒ a small amount in relation ……… the whole work;
ƒ to restrict the use ……. favour of one category …… the
expense of the others;
ƒ access …….. information;
ƒ a way …….. judging

Comprehension questions.

1. What does the fair dealing (fair use) doctrine allow? How
does the doctrine work ?
2. What factors can help you decide if the copying is fair use or
not?
3. What difficulties arise when materials are transmitted
electronically?
4. What is the purpose of copyright law today?

Case 1.
1. Read the article and decide if the claimant can win the
case:

Rebecca Charles is Mad as Hell and She's Not Going

to Take It Anymore

146
 Rebecca Charles, chef-owner of Pearl Oyster Bar in
New York City is suing her most recent imitator, Ed
McFarland, her former sous-chef of six years, for purposefully
stealing her concept, menu, and look and feel in opening his
own restaurant, Ed's Lobster Bar, less than a mile from Pearl.
"I understand that chefs take dishes from the restaurants
they worked in when they open their own restaurants," Rebecca
said. "But Ed's Lobster Bar is much more than a knock-off. It's
an exact duplicate of Pearl. Thirty-one of the 34 dishes on his
menu are simply lifted from Pearl. The stools, the look and feel
of the place, everything is exactly the same. It's offensive. Plus
he lied to me. He told me and the staff when he quit that he was
leaving to open an Italian seafood restaurant. I said great. I even
offered to help him. Then, six weeks later, he opens Ed's."
In the restaurant world this suit is groundbreaking stuff.
Songwriters are sued for stealing lyrics and melodies,
screenwriters and movie studios are often accused of stealing
treatments (remember when Art Buchwald sued Eddie
Murphy?), but as far as I know this is the first time a chef-
restaurateur is suing a former employee and accusing him of
stealing everything but the toilet paper.
Charles knows that many people in and out of the
restaurant business will think that she's nuts for doing this. But
even though she knows that this is going to be time- and
emotion-consuming, not to mention expensive, Charles thinks
the time is right for a chef to take a stand on this long-simmering
issue: "I'm not trying to be a saint here, but I do feel that by
doing this now I am going to be helping a lot of other chefs in
the present and future when this happens to them. But obviously
that's not the only reason I'm suing Ed. This guy is making
money off my back, money that I don't have. I don't have a lot of
restaurants. I only have one. I think Pearl Oyster Bar has made a
meaningful contribution to food and restaurants in New York,

147
and I'm going to do what I have to do to protect what I have
built."
Abridged from: www.seriouseats.com/.../rebecca-charles-is-mad-as-hell.html

2. Think of as many arguments as you can. Whose position

seems stronger and why?

Arguments in favour of Arguments in favour of

Ms. Charles Mr. McFarland

3. Read the passage and discuss the questions below.

Chef's Lawsuit against a Former Assistant

is Settled Out of Court

The lawsuit that Rebecca Charles of Pearl Oyster Bar

brought against Ed McFarland of Ed's Lobster Bar last summer-
the case that transfixed the entire restaurant community-was
finally settled out of court yesterday according to Times.
Though Charles said she would have liked to have set a legal

148
precedent by winning the case against her former sous chef Ed
McFarland in court, both sides were happy to be done with the
whole ordeal.
The lawsuit was the first of its kind in the restaurant
world, and if it went to court, it would have decided once and
for all if recipes and design ideas count as intellectual property
and if sous chefs have fiduciary duty to a restaurant.
Restaurateurs and bloggers debated the topic left and right and
wondered what the repercussions would be for future businesses
and spin-offs if Charles won. But no matter. Case is closed.
Both sides in the case agreed to keep the terms of the
settlement confidential.
Mr. McFarland said he felt "fantastic" about the settlement
and was looking forward to opening new branches of Ed's in
other New York neighborhoods.
Ms. Charles said she had been living in Maine since
March, taking care of her mother, who was ill. As a result, she
welcomed the chance to settle the lawsuit, although she was
sorry she had not been able to set a legal precedent.
"I still feel strongly that I did the right thing," she said in a
telephone interview. "I think it's important to our industry to
find some way to help chefs protect what they create."

Abridged from: www.nytimes.com/2008/04/19/nyregion/19suit.html

Questions for discussion

In your opinion why didn't the case go to court?

Was the outcome predictable or did you expect something
different?
Do you think it is possible to protect recipes or what a place
(like a restaurant) looks like?
How can restaurateurs like Rebecca Charles be legally
protected?

149

ƒ What does a patent guarantee?

Reading 3. Patent application

Thinking about writing a patent application? This tutorial
will help you. Do you know that there are strict rules on how to
set up the format of your application? Do you know which
information you need to include? To get it right, let's clarify
some essential issues.
What is a patent?
A patent is a government grant that gives you the right to
keep others from making, using or selling your rights as an
inventor. In return for this protection you give the government a
complete description of your invention. The government makes
your description public so that anyone can read about your
patent.
Where is a patent valid?
A patent is a territorial right, e.g. a Canadian patent
protects your invention only in Canada. If you would like to
protect your invention in other countries, you have to apply for a
patent in each country.
Why apply for a patent?
If you feel you can make the most profit keeping others
from making, using, selling, renting or importing your
invention, then you need a patent.
Can a patent agent help?
A patent agent has special training in preparing and
following a patent application through the entire patent process.
This process is often called "prosecuting a patent"and takes
quite a long time.A patent agent can help you write a patent
application and correspond with the national Patent Office.
What is a patent application?

150
 A patent application is a formal document submitted to a
patent office by an inventor as a request to be the sole owner of
an invention patent (patent holder). A patent application has a
set format made up of several parts:
x a petition
x an abstract
x a description
x claims
x drawings (in most cases)
x fees
Petition is your formal request for a patent. In it, you:
 ask for a patent
 list the applicant(s) and inventor(s)
 give the title of your patent
 identify your patent agent, if you have one
Abstract is a short technical summary of your invention that
includes a statement about how your invention will be used.
Description gives a full explanation. You should begin your
description with the background information about your
invention and then clearly describe it in more and more details.
Claims you make in your application form the legal foundation
that protects your patent.
Drawings are included if your invention can be illustrated. That
makes the patent easier to understand. Do your drawings in
black and white, do not use colour.
Different fees must be paid at various times during the patent
application process, e.g. filing fee, request for examination fee,
final fee.
Where can you find more information and examples of
patent applications?
You can contact the following Internet resources that deal with
patents and intellectual property:
ƒ World Intellectual Property Organization

151
ƒ Canadian Intellectual Property Office
ƒ Canadian Patents Database ( description and images - 1920 to
present)
ƒ United States Patent and Trademark Office
ƒ European Patent Office

Exercise 11. Make the direct questions in Reading 3 indirect

starting with the phrases. Answer these questions.

x Do you know …?
x Could you explain …?
x I wonder…
x Can you tell me…?
x Do you have any idea…?
x I'd like to know…

Exercise 12. Do the quiz on Patent application. Choose one

correct variant.

1. a patent is……
a. a description of an invention that is not public
b. a government grant
c. valid internationally
2. a patent application should ……
a. not include the abstract
b. not include the petition
c. follow formatting rules
3. a petition should……
a. list applicant(s) and inventor(s)
b. not identify patent agents
c. be informal
4. an abstract is……
a. a detailed description of your patent
b. a figurative drawing of your invention

152
c. a short summary of your invention
5. a description should……
a. start with detailed information
b. be clear and detailed
c. be written after writing the claims
6. a claim is…….
a. a formal request for a patent
b. referred to the description
c. a statement which defines the legal foundation of the patent
protection
7. drawings should be……
a. always included in your application
b. black and white
c. coloured
8. fees are paid…
a. at various times during the patent application process
b. at the filing moment
c. before a patent grant

ƒ What is a trade secret?

Reading 4. IBM v. Papermaster Case

A trade secret is a formula, practice, process, design,
instrument, pattern, commercial method, or compilation of
information not generally known or reasonably ascertainable by
others by which a business can obtain an economic advantage
over competitors or customers.
The precise language by which a trade secret is defined
varies by jurisdiction. However, there are three factors that,
although subject to differing interpretations, are common to all
such definitions: a trade secret is information that:
x Is not generally known to the public;

153
x Confers some sort of economic benefit on its holder (where
this benefit must derive specifically from its not being publicly
known, not just from the value of the information itself);
x Is the subject of reasonable efforts to maintain its secrecy.
Trade secrets are an important, but invisible component of
a company's intellectual property (IP). Their contribution to a
company's value, measured as its market capitalization, can be
major. Being invisible, that contribution is hard to measure.
Abridged from: en.wikipedia.org›Trade secret

Exercise 13. Read the case and write a suitable heading

above each paragraph. Choose from the headings below.

¾ Enforceability of non-competition agreement

¾ Inevitable disclosure
¾ Settlement
¾ Restraining order
In 2008, Mark Papermaster, IBM's Vice President of the
Blade Development Unit, became the subject of a notable trade
secret misappropriation and non-compete clause case when
he announced a plan to move to Apple as Senior Vice President
of Devices Hardware Engineering. On October 22, 2008, IBM
filed a complaint against Papermaster claiming breach of
contract and misappropriation of trade secrets. They sought a
preliminary injunction to prevent Papermaster from working at
Apple, claiming his employment violated non-competition
agreement.
1._________________________
IBM did not learn until the first hearing that Papermaster
had already started working for Apple, and immediately filed for
a restraining order to enjoin him from continuing to work.
Judge Kenneth Karas of the United States District Court in the

154
Southern District of New York heard the case and granted
IBM's request. Before releasing the public opinion, Judge
Karas ruled that IBM must pay a $3,000,000 bond to
Papermaster for any costs or damages that Papermaster might
incur, meanwhile still unable to work at Apple.[2]
2.________________________
IBM claimed that because of the information Papermaster
had access to, including trade secrets, there was "substantial risk
of Mr. Papermaster disclosing this information to IBM's
detriment" which would result in irreparable harm. They
argued inevitable disclosure, stating that because of
Papermaster's position and responsibilities at Apple it was
inevitable for him to apply knowledge learned at IBM to his
work at Apple, thus aiding a competitor and harming IBM.
Papermaster claimed that he could recall only two
inconsequential areas in which Apple was, and only temporarily,
in direct competition with IBM. Industry analysis disagreed and
found Apple and IBM to be direct competitors. Papermaster
had signed the non-competition agreement which clearly stated
that any breach of the agreement would cause irreparable
harm. Judge Karas also found that, "Because Mr. Papermaster
has been inculcated with some of IBM's most sensitive and
closely-guarded technical and strategic secrets, it is no great
leap for the Court to find that Plaintiff has met its burden of
showing likelihood of irreparable harm."
This is also despite an employment agreement Papermaster
signed with Apple which stated explicitly that he would not
disclose trade secrets from prior employers. Karas writes that
the Court doesn't believe Papermaster would act "dishonorably"
but that he couldn't help but inadvertently share some
information that could be considered a trade secret.
3.____________________________

155
 The court also considered whether or not the non-
competition agreement itself was reasonable and therefore
enforceable. Karas found that, given IBM's international
business, the geographic scope was necessary and the time
restriction of one year was reasonable. Additionally, because of
the similarity of the position at Apple to his work at IBM, the
agreement was needed to prevent incidental misappropriation
of IBM trade secrets. Critics believe the opinion could have
repercussions such as "expanding inevitable disclosure doctrine"
to the detriment of anybody attempting to further their career in
a particular field by moving to another company in the same
industry.
In considering whether or not the non-compete clause
caused undue hardship to Papermaster, the Court weighed the
agreement with IBM against the once-in-a-lifetime
opportunity of the SVP position. Judge Karas concluded that,
since intellectual property is IBM's most valued asset, the cost
of trade secret disclosure to IBM outweighed the cost to
Papermaster in delaying the opportunity. The case was set to go
to trial.
4.__________________________
On 27 January 2009 it was announced that Papermaster's
lawsuit with IBM had been settled and that he'd take over Senior
Vice President of Devices Hardware Engineering at Apple on 24
April 2009, replacing Tony Fadell, who stepped down some
months earlier.
The settlement requires that Papermaster make two
scheduled court certifications - the first having occurred on July
2009 and another in October 2009 - to testify that he will protect
IBM trade secrets.

IBM v. Papermaster (No. 08-9078, 2008 U.S. Dist): Mark Papermaster

moving from IBM to Apple computer in 2008.

156
14. Read the case again and answer the questions using the
phrases from the text.

1. What were the parties to the case and what did IBM complain
of?
2. What remedies were sought and granted?
3. What arguments were given by both parties?
4. What were the reasons for finding the non-competition
agreement enforceable?
5. How was the question concerning undue hardship to the
defendant answered?
6. What was the outcome of the case?

SUPPLEMENTARY READING
1. Brainstorm for answers to the following questions
x Can you define what Cyber law means?
x Do you know what the purpose of Cyber law is?
x Could you explain how governments can promote cyber
security?
x Do you have any idea what major categories of cybercrime
are?
x Do you know why IP law is an important part of Cyber law?
x Do you know how copyright, patents, trademarks, trade
secrets laws are used in Cyber law?
x Do you have any idea what “domain disputes” are about?

2. 0DNHLQGLUHFWTXHVWLRQVLQʋGLUHFW
3. Now read the text on Cyber law and find answers to your
questions.
Cyber law
Cyber law is the area of law that deals with the internet,
internet-related technologies and electronic elements, including

157
computers, software, hardware and information systems .Cyber
law is one of the newest and rapidly developing areas of the
legal system. Cyber law is also known as Internet Law.
The purpose of Cyber law is to prevent or reduce large
scale damage from cybercriminal activities by protecting
information access, privacy, communications, intellectual
property (IP) and freedom of speech related to the use of the
Internet, websites, email, computers, cell phones, software and
hardware, such as data storage devices.
The increase in Internet traffic has led to a higher
proportion of legal issues worldwide. Because Cyber laws vary
by jurisdiction and country, enforcement is challenging, and
restitution ranges from fines to imprisonment.
Areas that are related to cyber law include cybercrime and
cybersecurity. With the right cybersecurity, businesses and
people can protect themselves from cybercrime.
Cybersecurity policy is focused on providing guidance to
anyone that might be vulnerable to cybercrime (businesses,
individuals, and even the government). Many countries try to
promote cybersecurity and prevent cybercrime by passing
relevant laws (e.g. National Cybersecurity Protection Act US
2014) and by increasing awareness of new cybersecurity threats.
Generally, there are three major categories of cybercrimes:
x Crimes against people. While these crimes occur online, they
affect the lives of actual people. Some of these crimes include
cyber harassment and stalking, distribution of child
pornography, human trafficking, identity theft, and online
related libel or slander.
x Crimes against property. These crimes include DDOS
attacks, hacking, virus transmission, computer vandalism,
copyright infringement, and IP violations.
x Crimes against government. When a cybercrime is committed
against the government, it is considered an attack on that
nation's sovereignty and an act of war. Cybercrimes against

158
 the government include hacking, accessing confidential
information, cyber warfare, cyber terrorism.
An important part of cyber law is intellectual property.
Intellectual property can include areas like inventions, literature,
music, and businesses. It now includes digital items that are
offered over the internet. IP rights related to cyber law generally
fall into the following categories:
x Copyright. This is the main form of IP cyber law providing
protection to almost any piece of IP you can transmit over the
internet. This can include books, music, movies, blogs, and
much more.
x Patents. Patents are generally used to protect an invention.
These are used on the internet for two main reasons. The first
is for new software. The second is for new online business
methods.
x Trademarks/Service marks. Trademarks and service marks
are used the same online as they are in the real world.
Trademarks will be used for websites. Service marks are used
for websites that provide services.
x Trade Secrets. Trade secret laws are used to protect multiple
forms of IP. This includes formulas, patterns, and processes.
x Domain Disputes. This is related to trademarks. Specifically,
domain disputes are about who owns a web address. For
instance, the person who runs a website may not be the
person who owns it. Additionally, because domains are
cheap, some people buy multiple domains hoping for a big
payday.
x Contracts. Most people don't think contracts apply online.
This is not the case. For example, when you register for a
website, you usually have to agree to terms of service. This is
a contract.
x Privacy. Online businesses are required to protect their
customer's privacy. The specific law can depend on the

159
 industry. These laws become more important as more and
more information is transmitted over the internet.
x Employment. Some employee contract terms are linked to
cyber law. This is especially true with non-disclosure and
non-compete clauses. These two clauses are now often
written to include the internet. It can also include how
employees use their company email or other digital resources.
Protecting IP can be difficult over the internet. An example
of this would be the popularity of pirated movies and music.
Each business that relies on the internet needs to develop
strategies for protecting their IP. Governments can also take part
in this process.
Technology is constantly updating, this means that laws
must also be constantly updated.

(Abridged from: https://www.techopedia.com/definition/25600/cyberlaw;

https://www.upcounsel.com/cyber-law)

Revision

1. What does Intellectual Property law deal with?

2. What is the purpose of IP law?
3. Characterize the instruments protecting intellectual property:
patents, trademarks, copyright (protected items, duration, need
to register).
4. Explain what the fair dealing (fair use) doctrine is.
5. How can we differentiate fair use from illegal copying? Is it
always easy? Why or why not?
6. What is a set format of a patent application? Explain each
part.
7. What are trade secrets? Why are companies so anxious to
protect them?
8. What is Cyber law? What are its aims?
9. How are Intellectual Property rights related to Cyber law?

160
 UNIT 9. COMPANY LAW
Reading 1. Glossary
1. company law ɩɪɚɜɨ, ɪɟɝɭɥɢɪɭɸɳɟɟ
ɞɟɹɬɟɥɶɧɨɫɬɶ ɤɨɦɩɚɧɢɣ,
ɤɨɪɩɨɪɚɬɢɜɧɨɟ ɩɪɚɜɨ
2. business entity ɤɨɦɟɪɱɟɫɤɚɹɨɪɝɚɧɢɡɚɰɢɹ

3. legal person/ legal entity ɸɪɢɞɢɱɟɫɤɨɟɥɢɰɨ

4. sole proprietor ɢɧɞɢɜɢɞɭɚɥɶɧɵɣ
ɩɪɟɞɩɪɢɧɢɦɚɬɟɥɶ
5. partnership ɬɨɜɚɪɢɳɟɫɬɜɨ
6. limited liability company ɚɤɰɢɨɧɟɪɧɨɟɨɛɳɟɫɬɜɨɫ
ɨɝɪɚɧɢɱɟɧɧɨɣ
ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶɸ
7. publicly listed company ɡɚɪɟɝɢɫɬɪɢɪɨɜɚɧɧɚɹɧɚ
ɛɢɪɠɟɤɨɦɩɚɧɢɹ
8. shareholding member ɭɱɚɫɬɧɢɤɜɥɚɞɟɸɳɢɣɞɨɥɟɣ
ɜɭɫɬɚɜɧɨɦɤɚɩɢɬɚɥɟ
9. stock dividends ɞɢɜɢɞɟɧɞɵɩɨɚɤɰɢɹɦ
10. board of directors ɫɨɜɟɬɞɢɪɟɤɬɨɪɨɜ
11. property ɢɦɭɳɟɫɬɜɨ
12. bear liability ɧɟɫɬɢɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ
13. creditor ɤɪɟɞɢɬɨɪ
14. third parties ɫɬɨɪɨɧɧɢɟɥɢɰɚ
15. company formation ɨɛɪɚɡɨɜɚɧɢɟɤɨɦɩɚɧɢɢ
16. constitutional documents ɭɱɪɟɞɢɬɟɥɶɧɵɟɞɨɤɭɦɟɧɬɵ
17. statutory form ɧɨɪɦɚɬɢɜɧɵɣɚɤɬ
18. certificate of incorporation ɫɜɢɞɟɬɟɥɶɫɬɜɨɨɛ
ɭɱɪɟɠɞɟɧɢɢɤɨɦɩɚɧɢɢ

19. nominal capital ɭɫɬɚɜɧɨɣɤɚɩɢɬɚɥ

20. memorandum of ɭɱɪɟɞɢɬɟɥɶɧɵɣɞɨɝɨɜɨɪ

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 association ɤɨɦɩɚɧɢɢ
21. articles of association ɭɫɬɚɜɤɨɦɩɚɧɢɢ
22. balance sheet ɛɚɥɚɧɫ
23. profit-and-loss account ɨɬɱɟɬɨɩɪɢɛɵɥɹɯɢɭɛɵɬɤɚɯ
24. insolvency ɧɟɫɨɫɬɨɹɬɟɥɶɧɨɫɬɶ
ɤɨɦɩɚɧɢɢ
25. liquidation ɥɢɤɜɢɞɚɰɢɹɡɚɤɪɵɬɢɟ
ɤɨɦɩɚɧɢɢ
26. shareholder ɚɤɰɢɨɧɟɪ
27. empower ɧɚɞɟɥɹɬɶɩɪɚɜɨɦ
ɭɩɨɥɧɨɦɨɱɢɜɚɬɶ

ƒ What is Company law?

Company law deals with the creation and regulation of

business entities. There are various types of legal business
entities: sole proprietor, partnerships, registered company
with limited liability, multinational corporations. The most
common forms of business entities are companies and
partnerships.
A company is a legal person with separate identity from its
shareholding members. The company can own property, enter
into contracts, sue and be sued in courts. This contrasts with
partnership, which is not a separate legal entity and is unable to
own property in its name.
The company has shareholders. They invest money in a
company and get shares in return. The shareholders have the
right to get dividends. A company can have a board of
directors. The board of directors is empowered to manage the
affairs of the company.
In partnerships all the members participate in management,
share profits, and bear liability for the debts. Partnerships
usually have a limited number of partners. As for the public

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limited company it doesn’t have a limited number of members,
so it can grow from sole proprietor into a publicly listed
company.
The company has become the most popular form of business
entity in the world because of the limited liability of the
members of a company for its debts.
Company law deals with the relationships between
companies and their shareholders, creditors and third parties.
The process of registering a company is called a company
formation. Nowadays, many companies in the UK and the USA
are formed electronically. When all the constitutional
documents of the company together with statutory forms are
filed, the certificate of incorporation is issued.
The principle object of the company and the nominal
capital are stated in the memorandum of association. The
internal management and the administrative affairs of the
company are regulated by the articles of association. The
articles of association also regulate the rights and obligations of
shareholders and directors, conduct of meetings and corporate
contracts.
The company’s state of health is shown in its accounts,
including balance sheet and profit-and-loss account. Healthy
profits lead to bonuses and stock dividends to the shareholders.
Continuous losses may result in insolvency and company’s
liquidation.

Exercise 1. Answer the following questions.

1. What types of legal entities do you know?

2. What are the most common forms of business entities? Why
are they so popular?
3. What is the difference between a company and a partnership?
4. What documents are required for the formation of the
company?
5. What is stated in the memorandum of association?
6. What is stated in the articles of association?
7. Where can you find the company’s state of health?

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8. What happens if the company has healthy profits?
9. What may happen if the company has continuous losses?
10. Do you have any experience of forming, running or working
for a business entity? If so, what kind of business entity was it?

Exercise 2. Match the words and word combinations to

their definitions.

1. sole trader a. the money that you must spend on

the day-to-day costs of the business
2. profit b. the use of money to get a profit or to
make a business activity successful, or
the money that is used
3. investment c. money that you gain by selling
things or doing business, after your
costs have been paid
4. set up d. someone who owns and runs a
business on his or her own rather than
with another person
5.annual e. the total value of all the shares issued
by a company
6. expenses f. someone who owns shares in a
company or business
7. shareholder g. happening once a year
8. nominal capital h. to start a company, organization

Exercise 3. Fill in the gaps with a correct word or a phrase.

balance sheet liquidation legal person liability annual

creditor insolvency profit and loss account board of
directors set up

1. They want to …………their own import–export business.

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2. He announced his decision at the …………Board of Trustees'
meeting on September 10.
3. Hundreds of small businesses went into……………. .
4. The bank’s ……………….will vote on the merger proposal
at a meeting today.
5. Higher payments could force some banks into…………… .
6. A …………….has rights and duties under the law just like a
natural person.
7. The airline should bear all legal ………..for the crash.
8. A ………….of a company is a person or entity to whom the
company owes a debt.
9. The company performed well last year, and has a healthy
……………..with a good amount of cash.
10. Are losses being taken and shown on the ………………….
or balance sheet?

Exercise 4. a) Match the adjectives with the nouns to make

common collocations.

1. share a. value
2. third b. proprietor
3. general c. liquidation
4. shareholders’ d. company
5. sole e. capital
6. constitutional f. liability
7. publicly listed g. meeting
8. nominal h. agreement
9. compulsory i. documents
10. limited j. parties

b) Use the above collocations to complete the following

sentences.

1. Under a new law, Swiss companies will be able to lower the

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 ………………….of their shares to 10 Swiss francs from 100.
2. Two of the directors are standing for re-election at the
annual………………. .
3. San Paolo said it plans to sell the shares, which represent
20% of the bank’s…………….. .
4. The certificate of incorporation will be issued as soon as all
the required statutory forms as well as the
……………….have been filed.
5. The ……………….is intended to govern their relationship
between a number of shareholders in a company.
6. If a business offers its shares for sale to the general public, it
is known as a …………….. .
7. A……………….. , also known as the sole trader is a type of
business entity that is owned and run by one natural person
and in which there is no legal distinction between the owner
and the business.
8. You need insurance which covers injury to …………………
9. When the liability of the shareholders is limited to the
nominal value of their shares, it is called………………. .
10.The company is expected to be placed in ………………..
next week.

Exercise 5. Complete the text using the words in the box.

agreement borrow corporations debts dividends

employees legal legislation liability limited
partnership profits property registered (2)
shareholders sole trader sue

A company is a ……….entity, allowed by…………., which

permits a group of people, as……………., to create an
organization. It is empowered with legal rights which are
usually only for individuals, such as the right to …………and be
sued, own ………….., hire ………….or loan and ………….

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money. The primary advantage of a company structure is that it
provides the shareholders with a right to participate in
the…………., a profit made in the form of a money payment to
shareholders, without any personal………….
There are various forms of legal business entities ranging
from the …………….., who alone bears the risk and
responsibility of running a business, taking the profits to the
……..….. company with …………… liability and to
multinational …………….. .
In a ……………. , members form an association in which
they all participate in management and share………….., bear
the liability for the firm’s …………..and are sued jointly in
relation to the firm’s contracts or tortious acts.
Limited-liability companies, or corporations, unlike
partnerships, are formed not simply by …………..entered into
between their first members; they must also be …………….at a
public office.

Exercise 6. Translate the following sentences into English.

1. ɍ ɷɬɨɣ ɤɨɦɩɚɧɢɢ ɟɫɬɶ ɩɪɚɜɨ ɨɬɤɪɵɜɚɬɶ ɛɚɧɤɨɜɫɤɢɣ

ɫɱɺɬ ɜɥɚɞɟɬɶ ɫɨɛɫɬɜɟɧɧɨɫɬɶɸ ɢ ɜɟɫɬɢ ɯɨɡɹɣɫɬɜɟɧɧɭɸ
ɞɟɹɬɟɥɶɧɨɫɬɶ
2. Ɇɵ ɜɵɞɚɞɢɦ ɜɚɦ ɫɜɢɞɟɬɟɥɶɫɬɜɨ ɨɛ ɭɱɪɟɠɞɟɧɢɢ
ɤɨɦɩɚɧɢɢ ɤɚɤ ɬɨɥɶɤɨ ɛɭɞɭɬ ɩɨɞɚɧɵ ɜɫɟ ɧɟɨɛɯɨɞɢɦɵɟ
ɭɱɪɟɞɢɬɟɥɶɧɵɟɞɨɤɭɦɟɧɬɵ
3. ɍɱɪɟɞɢɬɟɥɶɧɵɣ ɞɨɝɨɜɨɪ ɤɨɦɩɚɧɢɢ ɪɟɝɭɥɢɪɭɟɬ
ɜɧɟɲɧɸɸɞɟɹɬɟɥɶɧɨɫɬɶɤɨɦɩɚɧɢɢ
4. ȼɵ ɦɨɠɟɬɟ ɧɚɡɜɚɬɶ ɦɧɟ ɨɫɧɨɜɧɵɟ ɨɬɥɢɱɢɹ ɦɟɠɞɭ
ɢɧɞɢɜɢɞɭɚɥɶɧɵɦ ɩɪɟɞɩɪɢɧɢɦɚɬɟɥɟɦ ɬɨɜɚɪɢɳɟɫɬɜɨɦ ɢ
ɚɤɰɢɨɧɟɪɧɵɦɨɛɳɟɫɬɜɨɦ"

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5. ɍ ɤɚɠɞɨɣ ɢɡ ɧɚɲɢɯ ɤɨɦɩɚɧɢɣ ɟɫɬɶ ɚɤɰɢɨɧɟɪɵ ɫɨɜɟɬ
ɞɢɪɟɤɬɨɪɨɜɢɤɪɟɞɢɬɨɪɵ
6. Ʉɨɦɩɚɧɢɹ ɦɨɠɟɬ ɢɦɟɬɶ ɜ ɫɜɨɺɦ ɜɥɚɞɟɧɢɢ
ɫɨɛɫɬɜɟɧɧɨɫɬɶɡɚɤɥɸɱɚɬɶɞɨɝɨɜɨɪɚɢɩɨɞɚɜɚɬɶɢɫɤɢ
7. Ⱥɤɰɢɨɧɟɪɵ ɢɧɜɟɫɬɢɪɭɸɬ ɞɟɧɶɝɢ ɩɨɤɭɩɚɹ ɚɤɰɢɢ
ɤɨɦɩɚɧɢɢ
8. ɂɧɞɢɜɢɞɭɚɥɶɧɵɣ  ɩɪɟɞɩɪɢɧɢɦɚɬɟɥɶ ɫɚɦ ɜɥɚɞɟɟɬ
ɤɨɦɩɚɧɢɟɣ ɢ ɫɚɦ ɧɟɫɟɬ ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ ɩɨ ɞɨɥɝɚɦ
ɤɨɦɩɚɧɢɢ
9. ȿɫɥɢ ɤɨɦɩɚɧɢɹ ɨɛɚɧɤɪɨɬɢɬɫɹ ɬɨ  ɚɤɰɢɨɧɟɪɵ ɧɟ ɛɭɞɭɬ
ɩɥɚɬɢɬɶɩɨɞɨɥɝɚɦɢɡɫɨɛɫɬɜɟɧɧɵɯɫɪɟɞɫɬɜ
10. ɋɨɜɟɬɞɢɪɟɤɬɨɪɨɜɢɡɛɢɪɚɟɬɫɹɚɤɰɢɨɧɟɪɚɦɢɤɨɦɩɚɧɢɢ
11. ɋɬɨɪɨɧɧɢɟ ɥɢɰɚ ɧɟ ɛɭɞɭɬ ɧɟɫɬɢ ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ ɩɨ
ɞɨɥɝɚɦɤɨɦɩɚɧɢɢ
12. Ʉɨɝɞɚɛɵɥɚɭɱɪɟɠɞɟɧɚɷɬɚɤɨɦɩɚɧɢɹ"
13. ɉɨɫɬɨɹɧɧɵɟ ɭɛɵɬɤɢ ɤɨɦɩɚɧɢɢ ɦɨɝɭɬ ɩɪɢɜɟɫɬɢ ɤ ɟɟ
ɧɟɫɨɫɬɨɹɬɟɥɶɧɨɫɬɢɚɜɞɚɥɶɧɟɣɲɟɦɢɤɟɟɡɚɤɪɵɬɢɸ
14. Ɉɬɱɺɬɨɩɪɢɛɵɥɹɯɢɭɛɵɬɤɚɯɧɚɲɟɣɤɨɦɩɚɧɢɢɩɪɢɜɟɞɺɧ
ɧɢɠɟ

Exercise 7. Give Russian equivalents to the following words

and word combinations. Pay attention to the prepositions.

Enter into (contract); invest in; deal with; shares in (a company);

trade under; register with; return on (investments); set up; vote
by proxy; go into (liquidation); wind up; pursuant to/subject to;
to be liable for; to have liability for.

Exercise 8. Fill in the gaps with the right prepositions.

1. Owners of a small block of shares ………companies will

receive quarterly dividend payments in full.
2. Why do people want to invest their money ……..a company
and buy shares? The answer is that they hope to get some

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 money back in return for allowing the company use their
money. That is called ‘a return ……..an investment’.
3. If you can’t vote in person, one option is to cast your vote
……..proxy-this means getting someone else to vote for you.
4. My uncle owns shares ……..Harlax plc and also ….. Janson
plc.
5. The business is owned by Mr Blake, and trades ……..the
name of “BladeRose”.
6. I own shares in a number of companies which provide me
with a good return ……..my investment.
7. The main disadvantage of the partnerships is that the partners
have unlimited liability ……….the debts of the business.
8. Subject ………the terms and conditions of this agreement
each partner is entitled to payment of 500$ each month.
9. I am going to register ………the local association of small
businesses.
10. You can apply to the court to close or ‘wind ……a company
if it can’t pay its debts.
11. To set ……a private limited company you need to register
with Companies House.
12. The shareholders shall be required to enter
…….Shareholders’ Agreement.
13. The company went …….liquidation and was removed from
the Austrian register of companies.

Exercise 9. Match the verbs (1-12) with the nouns (a-l) they
collocate with.

Verb Noun
1. hold a. bankrupt
2. attend b. minutes
3. keep / take c. a proxy
4. carry out d. meetings
5. recover e. a profit

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 6. appoint f. losses / debts
7. make g. shares
8. bear / suffer / incur h. a loan / debt
9. run i. a meeting
10. repay j. duties
11. go k. the cost
12. issue l. a business

Exercise 10. Use the collocations you formed in Exercise 9 to

complete these sentences.

x We'll have to …………………….. to make a decision.

x To ……………..a company must follow a definite procedure
which is controlled and regulated by the Companies Act.
x You are entitled to ………….up to two …………..to attend
the meeting and vote on a poll.
x Thanks to the new bank service you can ………….all
………..types with a payment card of any bank quickly,
safely and for free.
x The agency doesn’t have the funds and also doesn’t know
how to …………its………. .
x How can a small business ………………large enough to pay
for the expenditures, salary to employees, tax, non-planned
costs etc.?
x The two men both ……………..a 90 minute board
…………….yesterday.
x Many volunteer groups also ……………..of meetings to
make a historical account of all records, decisions and bills
approved.
x Have you got any ideas how much it costs to
……………….these days?
x Harry, please will you …………..the ……………….of this
meeting?

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x I can’t …………………in person, so I will vote by proxy.
x The director and shareholders agreed that the company was
……………..huge …………..and they had no other choice
but to put the company into liquidation.
x The company hopes to …………………. of developing their
new product.
x When the company …………………, the bank sold out all
its assets to pay off the outstanding loan.

Exercise 11. a) Read the following key points about sole

trader and limited company.

Sole Trader vs. Limited Company

One of the first things you need to consider before starting up is

whether to register as a sole trader (or partnership), or set up a
limited company. There are significant differences between the
two types of business structure.

ƒ If you become a sole trader (or if there are two or more people
running the business – a partnership), it is very easy to get
started. All you need to do is register as self-employed.
ƒ To set up a limited company, you need to choose a company
name, and submit incorporation information to Companies
House before you can start up.
ƒ As a limited company director, you have a number of
statutory and legal responsibilities, which sole traders don’t
share, and you have certain obligations under Company Law.
ƒ If you are self-employed, your liability if things go wrong
with your business is unlimited. Your personal finances are
also your business finances.
ƒ On the other hand, in a company liability is limited to the
amount of equity you have put into the company should

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 things go wrong. The company is a completely separate
entity from the individual members who own it.
ƒ The self-employed work out their tax via the annual self-
assessment process – your business and personal income and
expenditure are treated as one.
ƒ Limited companies have to pay Corporation Tax on their
profits.
ƒ As the tax affairs of limited companies are more complex, you
will typically pay more in accounting fees than you would as
a sole trader or partnership.
ƒ Limited companies must prepare annual accounts for
submission to Companies House. Sole trader accounts are not
submitted and are more basic to prepare.
ƒ Shareholders get income from limited companies via
dividends, which is a tax efficient way of receiving income.
ƒ Sole traders and members of a partnership pay income tax.
ƒ Tax planning is more flexible if you are a limited company
owner, as you can postpone declaring dividends until a later
tax year, in order to use your tax allowances in an efficient
way.
ƒ The self-employed can have pensions, however limited
company pension schemes can have more benefits and the
contribution limits are higher.
ƒ There is more administration associated with running a
limited company, in terms of accounting and dealing with
Companies House.
ƒ If you want to sell part of your business to a new partner or
investor, the process is cleaner and more attractive to a
potential newcomer, if you are incorporated.

b) Put down all pros and cons of sole trader and limited
company.

Pros Cons

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Sole Trader …………………. ………………….

Limited Company ………………… ……………………

c) Discuss which type of company would you like to set up

and why?

Exercise 12. Match the following questions with the

answers.

1 2 3 4 5 6 7 8 9 10 11

Questions
1. Who can form a company?
2. Who can’t form a company or join a company?
3. What types of businesses are there in the UK?
4. What types of limited company are there?
5. Can I choose any name I want for my company?
6. How many officers are required?
7. How do I form a company?
8. What is a registered office?
9. What is a certificate of incorporation?
10. What is articles of association?
11. What is a memorandum of association?

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 Answers

a. Private company limited by shares, private company limited

by guarantee, public limited companies.
b. Private companies must have at least one director. It is not
required to have a secretary but it can appoint one if they
wish. A sole director may also be the company secretary.
c. Public limited companies must have at least two directors.
And one secretary - formally qualified.
d. This document regulates the external activities of the
company. It sets out the company’s name, names of its
members (shareholders) and number of shares held by them,
and location of its registered office. It also states the
company’s objectives, amount of authorized share capital,
whether liability of its members is limited by shares or
guarantee, and what type of contracts the company is
allowed to enter into.
e. The Official certificates that Companies House issues when
a company is incorporated. It will include the date of
incorporation, your company name and registered number.
f. A company may be formed by one or more persons.
g. This document sets out the internal rules for running
company’s affairs. It forms a part of the constitution of an
organization. It is a kind of a contract between the members
and the organization and among the members themselves. It
sets out the rights and duties of directors and stockholders
individually and in meetings.
h. Individual who is under 18 years of age, a bankrupt or who
is of unsound mind.
i. By sending a memorandum of association, the articles of
association, the details of the directors and the company
secretary, and a statement of legal compliance.

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j. Most businesses operate in one of the following ways: sole
trader, partnership, limited liability company, branch of a
foreign company
k. It is the address of a company to which Companies House
letters and reminders will be sent.
You cannot:
x register the same name as another company;
x use certain words;
x use names likely to cause offence;
x It is also important to check whether your chosen name
is similar to any other names already on the register.

Exercise 13. Match the first half of each sentence with the
correct ending.

1. To incorporate a business a. the fixed value of each

means share

2. Share capital refers to b. the maximum amount of

3. Nominal value of a share is
4. To issue a share to someone
means
share capital that the
company can have.
c. the value of the shares
that the company has
issued to shareholders.
d. to set up the business and
register it as a company.

5. The authorised share e. shares of company that

capital is provide the holder with
the right to participate in
any voting activity and
with the right to get

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 dividends.

6. The issued share capital is f. to officially give that

7. Ordinary shares or common
shares or voting shares are
share to someone so that
he or she becomes the
owner of that share.
g. the value of shares that
the shareholders own.

Exercise 14. Match each company to its description.

1. Private Company, Limited by Shares
2. Private Company, Limited by Guarantee
3. Public Limited Companies
4. Private Unlimited Company

a. They may offer their shares to members of the public, and be

listed on the stock exchange. This type of company must
have two directors or more, and the company secretary must
be qualified.
b. A limited company has ‘share capital’, which is owned by its
shareholders. The liability of each shareholder is limited to
any unpaid amount owing on their shares. You can be the
sole director of a limited company, and the office of company
secretary is an optional one.
c. This type of company is not commonly used. These entities
may or may not have a share capital, and there is no limit to
the liability of their members.
d. The members in this type of company act as guarantors. The
only liability members have is the amount they guaranteed to
the company in the event that it was wound up. This type of
structure is commonly used by charities, voluntary

176
 groups, and other non-profit organizations.
e. One person can set up this type of company. The office of
company secretary is an optional post.

Exercise 15. Read a draft of the Memorandum of

Association. Fill in the gaps with the appropriate words.

name share capital ordinary shares subscribers

liability objects registered office

The Companies Acts 2004-08

Private Company Limited by Shares
Memorandum of Association
of
Bake Rose Ltd

1. The ………..of the company is Bake Rose.

2. The ……………of the company will be situated in England
and Wales.
3. The …………..of the company are to carry on business as a
general commercial company.
4. The …………of the members is limited.
5. The …………..of the company is $100000 divided into
100000 …………….of $1 each.
6. We, being the ………..….to this Memorandum of
Association, wish to form a company pursuant to this
Memorandum and we agree to take the number of shares in the
capital of the company set opposite our respective names.

Names and addresses Number of shares taken

of subscribers by each subscriber

Mary Vain Ten thousand shares

1 High Street

177
Chesteton
Cambridge CB1 2JH

Sharen Brain Ten thousand shares

17 London Road
Cambridge
CB1 1NQ

Total shares taken Twenty thousand shares

Dated 25/10/2019

Exercise 16. Read the following main sections of the Articles

of Association. The details below describe the terms and
conditions in each section.

a) Match each section to its description.

1. Share capital
2. Lien
3. Calls
4. Pre-emption
5. Transmission of shares
6. Notice of meetings
7. Proceedings at general meetings
8. Directors
9. Notices
10. Indemnity
11. Winding up

a. This allows the directors of the company to sell a

shareholder’s shares in the company to repay any debt owed
by the shareholder to the company.

178
b. This provides that any shareholder who wishes to sell his
shares has to first offer them to the other shareholders at the
same price as he wishes to sell to a third party.
c. This provides that the directors of the company shall not be
personally liable in any civil or criminal proceedings as long
as they have carried out their duties lawfully.
d. This deals with advance information that is to be given to
each member about meetings and provides that each member
is allowed to appoint a proxy to attend in his place at
meetings.
e. This requires all directors to be informed about meetings,
whether they are in the country or abroad.
f. This allows the company to recover its costs of recovery from
a late paying shareholder.
g. This sets out the share capital of the company.
h. This allows the assets of the company to be distributed if the
company goes into liquidation.
i. This states the number of members who must be present.
j. This provides that when a shareholder dies he is deemed to
give notice to sell his shares (which allows the other
shareholders to buy them for a fair price).
k. This regulates the maximum number of people and their
conduct.

b) Find English equivalents to the following words and word

combinations in the text above.
ɍɫɬɚɜɧɨɣ ɤɚɩɢɬɚɥ ɚɤɰɢɢ ɤɨɦɩɚɧɢɢ ɩɪɟɢɦɭɳɟɫɬɜɟɧɧɨɟ
ɩɪɚɜɨ ɩɨɤɭɩɤɢ ɩɟɪɟɯɨɞ ɩɪɚɜɚ ɧɚ ɚɤɰɢɢ ɩɨɝɚɲɚɬɶ
ɡɚɞɨɥɠɟɧɧɨɫɬɶ ɩɪɨɞɚɜɚɬɶ ɚɤɰɢɢ ɫɬɨɪɨɧɧɢɦ ɥɢɰɚɦ ɫɚɦɨɦɭ
ɧɟɫɬɢ ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɶ ɩɨ ɝɪɚɠɞɚɧɫɤɢɦ ɢɥɢ ɭɝɨɥɨɜɧɵɦ
ɞɟɥɚɦ ɭɩɥɚɬɚ ɜɡɧɨɫɚ ɩɨ ɚɤɰɢɹɦ ɢɫɩɨɥɧɹɬɶ ɨɛɹɡɚɧɧɨɫɬɢ
ɧɚɡɧɚɱɢɬɶ ɩɨɜɟɪɟɧɧɨɝɨɞɨɜɟɪɟɧɧɨɟ ɥɢɰɨ ɩɨɫɟɳɚɬɶ
ɫɨɛɪɚɧɢɹ  ɜɨɡɦɟɳɟɧɢɟ ɡɚɬɪɚɬ  ɡɚɥɨɝɩɪɚɜɨ ɭɞɟɪɠɚɧɢɹ
ɭɫɬɚɧɨɜɢɬɶ ɭɫɬɚɜɧɨɣ ɤɚɩɢɬɚɥ ɤɨɦɩɚɧɢɢ ɝɚɪɚɧɬɢɹ

179
ɜɨɡɦɟɳɟɧɢɹ ɭɳɟɪɛɚ ɢ ɨɫɜɨɛɨɠɞɟɧɢɟ ɨɬ ɨɬɜɟɬɫɬɜɟɧɧɨɫɬɢ
ɚɤɬɢɜɵ ɤɨɦɩɚɧɢɢ ɩɪɟɤɪɚɳɟɧɢɟ ɞɟɹɬɟɥɶɧɨɫɬɢ ɤɨɦɩɚɧɢɢ
ɫɯɨɞɧɚɹɰɟɧɚ

Exercise 17. a) Read the following text.

ƒ How to set up a company?

Reading 2.

When you set up a company, you decide on the amount of

share capital and what the nominal value of each share is. The
nominal value is a fixed value, it doesn’t change. The nominal
value is also called par value and face value.
While setting up a company you also have to decide the
maximum amount of share capital that is company’s authorised
share capital.
When the company is incorporated, it issues some shares to
shareholders. Then the company can issue some more shares.
The capital issued on a later date is called issued share capital.
The issued share capital and the authorised share capital are
expressed in the nominal value of the shares, and not the actual
value of those shares. For example, the company has an
authorised share capital of 1000$. There are 1000 shares, each
share has a value of 1$. The company issues 500 of shares. The
nominal value of each share is 1$ and the issued share capital is
500$. You buy each share for the price of 5 $ . This is called the
market value of the share. The market value in this example is
higher than the nominal value. The difference between the
market value and the nominal value is called the premium. Here
we have the premium of 4$.

180
b) Answer the following questions.

1. What is the nominal value of the share?

2. What is the other name of the nominal value?
3. What is the authorised share capital?
4. What is the issued share capital?
5. What is the market value of the share?
6. What is the premium?

Exercise 18. Translate the following sentences into English,

using the words from the unit.

1. Ʉɨɦɩɚɧɢɹ ɜɵɩɥɚɱɢɜɚɟɬ ɞɢɜɢɞɟɧɞɵ ɚɤɰɢɨɧɟɪɚɦ ɢɡ

ɩɪɢɛɵɥɢɡɚɬɟɤɭɳɢɣɝɨɞ
2. ɍɫɬɚɜɧɨɣ ɤɚɩɢɬɚɥ ɤɨɦɩɚɧɢɢ ɦɨɠɟɬ ɛɵɬɶ ɭɜɟɥɢɱɟɧ
ɬɨɥɶɤɨɩɨɪɟɲɟɧɢɸɫɨɜɟɬɚɞɢɪɟɤɬɨɪɨɜ
3. ɍɫɬɚɜɧɨɣ ɤɚɩɢɬɚɥ ɤɨɦɩɚɧɢɢ ɪɚɡɦɟɳɺɧ ɜ ɤɨɥɢɱɟɫɬɜɟ 
ɨɛɵɤɧɨɜɟɧɧɵɯɚɤɰɢɣɧɨɦɢɧɚɥɶɧɨɣɫɬɨɢɦɨɫɬɶɸɞɨɥɥɚɪ
ɤɚɠɞɚɹ
4. Ʉɨɦɩɚɧɢɹɧɟɫɺɬɛɨɥɶɲɢɟɭɛɵɬɤɢȼɨɡɦɨɠɧɨɟɟɩɪɢɞɺɬɫɹ
ɡɚɤɪɵɬɶ
5. Ⱥɤɰɢɨɧɟɪɵ ɜɩɪɚɜɟ ɧɟ ɩɪɢɫɭɬɫɬɜɨɜɚɬɶ ɥɢɱɧɨ ɧɚ
ɟɠɟɝɨɞɧɨɦ ɚɤɰɢɨɧɟɪɧɨɦ ɫɨɛɪɚɧɢɢ ɧɨ ɨɧɢ ɞɨɥɠɧɵ
ɧɚɡɧɚɱɢɬɶɩɨɜɟɪɟɧɧɨɝɨ
6. ɇɟɨɛɯɨɞɢɦɨɜɟɫɬɢɩɪɨɬɨɤɨɥɧɚɤɚɠɞɨɦɨɛɳɟɦɫɨɛɪɚɧɢɢ.
7. ȼ ɫɨɨɬɜɟɬɫɬɜɢɢ ɫ ɭɫɥɨɜɢɹɦɢ ɞɨɝɨɜɨɪɚ ɜɵ ɜɩɪɚɜɟ
ɩɨɥɭɱɚɬɶɟɠɟɦɟɫɹɱɧɵɟɞɢɜɢɞɟɧɞɵ
8. Ⱦɚɧɧɵɣ ɞɨɝɨɜɨɪ ɩɨɡɜɨɥɹɟɬ ɞɢɪɟɤɬɨɪɚɦ ɤɨɦɩɚɧɢɢ
ɩɪɨɞɚɜɚɬɶ ɚɤɰɢɢ ɤɨɦɩɚɧɢɢ ɞɥɹ ɩɨɝɚɲɟɧɢɹ
ɡɚɞɨɥɠɟɧɧɨɫɬɢ ɞɚɧɧɨɣɤɨɦɩɚɧɢɢ.
9. ɗɬɨɬ ɞɨɝɨɜɨɪ ɩɨɡɜɨɥɹɟɬ ɜɨɡɦɟɳɚɬɶ ɡɚɬɪɚɬɵ ɩɨɧɟɫɺɧɧɵɟ
ɤɨɦɩɚɧɢɟɣ
10. Ⱥɤɬɢɜɵɤɨɦɩɚɧɢɢɛɭɞɭɬɪɚɫɩɪɨɞɚɧɵɩɨɫɥɟɟɟɡɚɤɪɵɬɢɹ

181
 Language in use:
Degrees of comparison of adjectives
Adjective Comparative Superlative
form form
+ -er + -est
small smaller the smallest
Short
late later the latest
adjective
(1 syllable) big bigger the biggest
hot hotter the hottest
dry drier the driest
more + most +
modern more modern the most
Two- modern
syllable serious more serious the most
and longer serious
adjectives expensive more expensive the most
expensive
comfortable more the most
comfortable comfortable
useful more useful the most
useful
difficult more difficult the most
difficult
powerful more powerful the most
powerful
good better the best
adjectives bad worse the worst
with
far further/farther the
irregular
furthest/farthe
forms
st
old older/elder the

182
 oldest/eldest

To compare things we use:

than me/him/her/them/us You are taller than me (I am)

ɱɟɦɹɨɧɨɧɚɨɧɢɦɵ They have more money than us
(we have)
I can run faster than him (he can)
as+ adj +as/the I don’t wear jeans as often as Tom.
same+noun+as The black jeans are the same price
ɬɚɤɨɣɠɟ«ɤɚɤ as the blue ones.

not so/as+ adj+as Spanish is not as difficult as

ɧɟ ɬɚɤɨɣ ……ɤɚɤ Arabic.
He is not so tall as his brother.
twice as +adj+as Petrol is twice as expensive as it
three times as+adj+as was a few years ago.
ɜɞɜɚɬɪɢɪɚɡɚɛɨɥɶɲɟ He is twice as old.
half the size/weight The room is half the size.
ɜɞɜɚɪɚɡɚɦɟɧɶɲɟɥɟɝɱɟ My luggage is half the weight of
half my age yours.
ɜɞɜɚɪɚɡɚɦɨɥɨɠɟ She is half my age.

much/far/a lot +adj Canada is much larger than

(comparative form) England.
ɧɚɦɧɨɝɨɝɨɪɚɡɞɨ This book is far more interesting
ɡɧɚɱɢɬɟɥɶɧɨ than that one.
These shoes are a lot more
expensive than most shoes.
the + adj (comparative The warmer the weather the better
form) + the + adj I feel.
(comparative form) The sooner you do this work the
better.

183
Exercise 19. Write the comparative and superlative forms of
the following adjectives.

Modern; hard; heavy; difficult; easy; practical; useful; good;

important; accurate; cheap; bad.

Exercise 20. Complete the sentences using the comparative

form of the adjective.

1. I am not good at law studies. I am …….at business studies.

2. The new CEO of our company is not very polite. The
previous one was …… .
3. The shareholders received high dividends this year, but last
year the dividends were…....
4. This balance sheet is very difficult for me to understand. And
the profit-and-loss account is ……….for understanding.
5. My annual report is very long, but your report is ………. .
6. Mr. Blake is a sole trader, but he doesn’t work very hard. My
brother works …….. .
7. My car isn’t very comfortable. Yours is …… .
8. The profit of our company is very low, but yours is ……….
9. I work as a lawyer. My job isn’t very interesting for me. I
want to do something …….. .
10. My law books are not very heavy, your bag with books is
………. .What are you carrying in your bag, I wonder?

Exercise 21. Chevron is one of the world’s leading energy

companies. It explores, produces and transports crude oil
and natural gas. It also manufactures and sells
petrochemicals, generates power and produces energy.
Compare its revenues according to the model.

Example: The net income in 2016 is lower than in 2015.

184
 2017 2016 2015
Net income $19,241 ml $21,423 ml $26,179 ml
Dividends $3.90 ml $4.21 ml $3.51 ml
Sales and
other
revenuers $200,494 ml $220,156 ml $230,590 ml
Return on
shares 12.7% 15.0% 20.3%

ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ …………………………………………………………….

Exercise 22. Compare the average capital return in different

companies.
Return on capital employed (2014)
Company Mobil Chvron Shell Total BP
Return
on 25 22,5 18 14,8 11
capital
(%)

Example: Return on capital in Mobil is a little higher than in

Chevron.
The return on capital in Mobil is much higher than in BP.

ƒ ……………………………………………………………..
ƒ ……………………………………………………………..

185
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ …………………………………………………………….

Exercise 23. Compare net income of ExxonMobil in different

years.

2013 2014 2015 2016 2017

Billions
of 25,6 29,4 32,1 40 29,8
dollars

Example: The highest net income was in 2016. In 2014 it was a

bit lower than in 2014.

ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ ……………………………………………………………..
ƒ …………………………………………………………….

Exercise 24. Open the brackets using comparative or

superlative form of the adjective according to the sense.

1. The financial situation in the company is……….. (good) now

than 5 years ago.
2. I've got ………(little) money than you but I don't mind.
3. Chinese is ………….. (difficult) language in the world.

186
4. Who is …………(talkative) person in your staff?
5. Experts think that domestic markets are ……….(attractive)
than overseas markets.
6. Our company is ………(old) in the town. It was set up in the
early twenties.
7. Jack's grandfather is ……..(old) in his family. He's 80.
8. It is ………….(competitive) market in Asia.
9. Your employee is ……..(old) than mine so he is more
experienced.
10. John, I think this job would be ……….(good) for you than
the previous one. Send them your CV.
11. This is the ………(cheap) product on the market.
12. It is ……….(bad) year in the last ten years.
13. What I like ………(more) about you is your sense of
humour.
14. In the house next door to me, there are always strange
tenants. Last year the family never came out of their house
and their curtains were always closed. I think they were
afraid of robbers. This year the tenants are even
……………(bad). They have wild parties every night until
3a.m!
15. I love living in Colorado because we have 300 days of sun
every year. The only problem is that my apartment faces
north, so I have very little sun. I want to move to an
apartment that faces south so it will be ………. (sunny).
16. My co-worker just bought a house in downtown. I don't
understand why he bought the house because it's very old
and in very bad condition. He told me that it was much
……. (cheap) than other houses. He only paid $20,000. I
hope his house doesn't fall down after the first big storm.

187
Exercise 25. Open the brackets using the appropriate form
of the adjective.

1. The (hard) one studies, the (much) one learns.

2. The share price is about ten times as (high) as I expected.
3. The situation with the creditors turned out to be much
(difficult).
4. The (much) electricity you use, the (high) your bill will be.
5. The (many) goods you sell the (much) profit you will make.
6. You have a lot of work. The (early) you start, the (good).
7. The cost was five times as (high) as we expected.
8. Petrol is twice as (expensive) as it was a few years ago.
9. The (much) you have the (much) you want.
10. Sole proprietor is much (popular) than publicly listed
companies.
11. He set up his own business twice as (fast) as we did it.
12. The (tall) they are, the (hard) they fall.
13. Today’s board meeting was far (short) and a lot (effective)
than the previous one.
14. The (low) the price of the shares, the (many) people buy
them.
15. Our office is too small for us. We need something much
(big).

Revision
1. What is company law and what does it deal with?
2. Name three various types of legal entities and comment on
them.
3. How can a company be formed and what documents are
necessary for its formation?
4. What is a memorandum of association and articles of
association?

188
5. What are the main sections of the Articles of Association?
6. When does the company go into liquidation?
7. Speak about the advantages and disadvantages of being a sole
trader.
8. Describe the advantages and disadvantages of setting up a
limited liability company.
9. What are the rules of choosing the name for your new
company?
10. What is the share capital and the nominal value of the share?

189
 UNIT 10. EMPLOYMENT LAW
Reading 1. Glossary
1. employment law ɬɪɭɞɨɜɨɟ
ɩɪɚɜɨɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨ
2. to govern ɪɟɝɭɥɢɪɨɜɚɬɶ
3. employer-employee ɨɬɧɨɲɟɧɢɟɦɟɠɞɭ
relationship ɪɚɛɨɬɨɞɚɬɟɥɟɦɢ
ɪɚɛɨɬɧɢɤɨɦ
4. workers’ rights ɩɪɚɜɚɫɨɬɪɭɞɧɢɤɨɜ
5. better conditions ɥɭɱɲɢɟɭɫɥɨɜɢɹ
6. workforce ɪɚɛɨɱɚɹɫɢɥɚ, ɩɟɪɫɨɧɚɥ
7. to face ɫɬɨɥɤɧɭɬɶɫɹɫɱɟɦ-ɥɢɛɨ
8. consequences ɩɨɫɥɟɞɫɬɜɢɹ
9. industrial revolution ɩɪɨɦɵɲɥɟɧɧɚɹɪɟɜɨɥɸɰɢɹ
10. labour law ɬɪɭɞɨɜɨɟɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨ
11. employment ɞɢɫɤɪɢɦɢɧɚɰɢɹɩɪɢɧɚɣɦɟ
discrimination ɧɚɪɚɛɨɬɭ
12. family and medical ɨɬɩɭɫɤɩɨɫɟɦɟɣɧɵɦɢ
leave ɦɟɞɢɰɢɧɫɤɢɦ
ɨɛɫɬɨɹɬɟɥɶɫɬɜɚɦ
13. employee benefits ɥɶɝɨɬɵɩɪɢɜɢɥɟɝɢɢɞɥɹ
ɪɚɛɨɬɧɢɤɨɜ
14. social security ɫɨɰɢɚɥɶɧɨɟɨɛɟɫɩɟɱɟɧɢɟ
15. wrongful termination ɧɟɡɚɤɨɧɧɨɟɭɜɨɥɶɧɟɧɢɟ
16. minimum wage ɦɢɧɢɦɚɥɶɧɚɹɡɚɪɚɛɨɬɧɚɹ
ɩɥɚɬɚ
17. to enter into an ɡɚɤɥɸɱɢɬɶɞɨɝɨɜɨɪ
agreement
18. terms and conditions ɭɫɥɨɜɢɹɬɪɭɞɨɜɨɝɨɞɨɝɨɜɨɪɚ
of employment
19. job title ɡɚɧɢɦɚɟɦɚɹɞɨɥɠɧɨɫɬɶ
20. the period of ɩɟɪɢɨɞɞɟɣɫɬɜɢɹɬɪɭɞɨɜɨɝɨ

190
employment ɞɨɝɨɜɨɪɚ
21. hours of work ɱɚɫɵɪɚɛɨɬɵ
22. holiday entitlement ɩɪɚɜɨɧɚɟɠɟɝɨɞɧɵɣ
ɨɩɥɚɱɢɜɚɟɦɵɣɨɬɩɭɫɤ
23. clause ɩɭɧɤɬɞɨɝɨɜɨɪɚ
24. employment ɬɪɭɞɨɜɨɣɞɨɝɨɜɨɪɤɨɧɬɪɚɤɬ
agreements/contracts
25. to terminate ɩɪɟɤɪɚɬɢɬɶɞɟɣɫɬɜɢɟ
ɞɨɝɨɜɨɪɚ
26. dismissal ɭɜɨɥɶɧɟɧɢɟ
27. redundancy ɭɜɨɥɶɧɟɧɢɟɩɨɫɨɤɪɚɳɟɧɢɸ
28. insolvency ɧɟɩɥɚɬɺɠɟɫɩɨɫɨɛɧɨɫɬɶ
ɛɚɧɤɪɨɬɫɬɜɨ
29. to take legal action ɜɨɡɛɭɞɢɬɶɫɭɞɟɛɧɨɟɞɟɥɨ
ɩɨɞɚɬɶɢɫɤ
30. the ILO (International ɆɈɌɆɟɠɞɭɧɚɪɨɞɧɚɹ
Labour Organization) ɈɪɝɚɧɢɡɚɰɢɹɌɪɭɞɚ
31. labour conditions ɭɫɥɨɜɢɹɬɪɭɞɚ
32. living standards ɭɪɨɜɟɧɶɠɢɡɧɢ

ƒ What is employment law?
ƒ What does employment law protect?

Reading 1. Introduction
to Employment Law

Employment law is the area of law that governs the employer-

employee relationship. If the business has more than one
employee, then the business likely uses employment law. This
area is made up of both state and federal laws which protect
workers' rights.

191
The origins of Eployment law can be traced to the time of
Industrial Revolution. In that time the workers wanted better
conditions and the employers desired cheap workforce. As
England was the first country to industrialize, it was also the
first to face the consequences of industrial revolution. From
the late 18th and to mid-19th century the foundation for modern
labour law was slowly laid.
Nowadays the following matters usually fall under employment
law: worker's compensation, employment discrimination,
labour relations, family and medical leave, immigration,
employee benefits, social security, wrongful termination,
occupational safety and health, minimum wage.
Employment law requires the employer and the employee to
enter into Agreement which contains the terms and
conditions of employment. Job title, work location, identities
of the parties, the period of employment, the amount of pay,
hours of work and holiday entitlement are the main clauses of
such Agreement. Employment agreements (contracts) may be
terminated in the following ways: dismissal, redundancy or
insolvency. If the employers don’t follow the correct practice
and procedures, the employees may take legal action against
him.

In 1919 the ILO (International Labour Organization) was

founded. The main aim of this organization is to improve labour
conditions and living standards throughout the world.

Exercise 1. Read the text again and answer the following

questions.

1. When and why did employment law appear?

2. What matters fall under employment law?
3. What does employment law require?

192
4. What are the main clauses of the employment Agreement?
5. In what way may the employment agreement be terminated?
6. What can happen if the employers don’t follow the correct
employment practice?
7. What does the abbreviation ILO stand for?
8. When was the ILO founded? What is its main aim?

Exercise 2. Are the following statements true (T) or false

(F)? Correct the statement if it is wrong.

1. Employment law governs the relationship between

government and workers.
2. The business likely uses employment law if there is more than
one employee in it.
3. Workers’ rights are protected by state law only.
4. Employment law appeared in the 20th century.
5. Employment law deals with the following issues:
discrimination, labour relations, family and medical leave,
employee benefits, social security, wrongful termination,
occupational safety and health, minimum wage.
6. Employment contracts may be terminated by dismissal only.
7. If the employers don’t follow the employment law clauses the
employee may take legal actions against them.
8. The main aim of the ILO is to improve working conditions
and living standards in the world.

Exercise 3. Complete the sentences using the words from the

box.
employed unemployable self-employed unemployed
employees employment unemployment employer

193
1. We are a multi-national corporation with 140000 ……….all
over the world.
2. I haven’t yet signed an ……….contract.
3. She applied to her ………. for a redundancy payment.
4. 50% of the men in this town are ………..
5. Rising ……….led to more crimes.
6. I was ………. as a lawyer by one of the local companies.
7. The rules for ………. works were changed last year.
8. He is about seventy now, he doesn’t have computer skills-
he’s completely ………..

Exercise 4. Match the words in column A with the words in

column B to make common collocations.

A B
1. legal a. leave
2. wrongful b. entitlement
3. social c. actions
4. employment d. standards
5. living e. termination
6. holiday f. wage
7. minimum g. law
8. employee h. security
9. labour i. conditions
10. family and medical j. benefits

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Exercise 5. Use the above collocations to complete the
following sentences. Some of them should be used twice.

1. Is the ……….the same for both adult and minor employees? –

Yes, it is.
2. Our lawyer says we have grounds for ………. under this Act.
3. Are you receiving ……….benefits?
4. The paid ……….is 25 days.
5. Employer must provide good ………..
6. This magazine gives good practice examples on ……….with
advice from top employment lawyers.
7. ……….package includes bonuses for good company’s
performance.
8. May the employee agree to work for less than the……….? –
No, he can’t.
9. ……….improved last century.
10. They are threatening to take ……….against the hospital.
11. The employees sued the employer for ………..
12. I need your name, age and ………. number.
13. There has been a decline in the ………. of old people.
14. Jack never used a day of ……….during his first 10 years at
work.

Exercise 6. Complete the table.

verb noun adjective

government governing
employ employable
protection protective/protected
terminate terminal
requirement ------
dismiss dismissive
------- redundant
------ insolvent
improvement improved
labour labour

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Exercise 7. Use one of the following words to build
collocations. Translate them into Russian.

governing insolvent redundancy dismiss termination

dismissal employment

1. ……….a case/ a claim/ a complaint

2. ……….of jury/ from office/ from work; unfair ……….
3. ……….law/ officer/ body/ party
4. ………..history/ duties/ relations/ department; full-time/part-
time………..
5………..company/ debtor/ reorganisation
6. Early ……….; notice of ……….
7. ……….notice/ payment; voluntary/ compulsory……….

Exercise 8. Translate the following sentences into English.

1. Ⱦɟɥɨɡɚɤɪɵɬɨɡɚɧɟɞɨɫɬɚɬɤɨɦɞɨɤɚɡɚɬɟɥɶɫɬɜ
2. Ʉɨɦɩɚɧɢɹɨɛɚɧɤɪɨɬɢɥɚɫɶ
3. ɇɚ ɢɦɭɳɟɫɬɜɨ ɤɨɦɩɚɧɢɢ-ɞɨɥɠɧɢɤɚ ɧɚɥɨɠɟɧ ɚɪɟɫɬ WR
seize).
4. ȼ ɫɨɨɬɜɟɬɫɬɜɢɢ subject to ɫ ɩɭɧɤɬɨɦ  ɧɚɫɬɨɹɳɟɝɨ
ɬɪɭɞɨɜɨɝɨ ɞɨɝɨɜɨɪɚ ɜɨɡɦɨɠɧɨ ɟɝɨ ɞɨɫɪɨɱɧɨɟ
ɪɚɫɬɨɪɠɟɧɢɟ
5. Ɇɨɣɬɪɭɞɨɜɨɣɫɬɚɠɜɨɛɥɚɫɬɢɸɪɢɫɩɪɭɞɟɧɰɢɢ – ɥɟɬ
6. ȼɵɢɦɟɟɬɟɩɪɚɜɨɧɚɜɵɯɨɞɧɨɟɩɨɫɨɛɢɟɩɪɢɭɜɨɥɶɧɟɧɢɢ
7. ȼ ɧɨɜɨɫɬɹɯ ɫɨɨɛɳɢɥɢ ɨ ɡɚɤɪɵɬɢɢ ɞɟɥɚ ɢ ɨ ɪɨɫɩɭɫɤɟ
ɩɪɢɫɹɠɧɵɯ
8. ɉɪɢɦɟɧɢɦɨɟɪɟɝɭɥɢɪɭɸɳɟɟɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨɭɤɚɡɚɧɨWR
set outɜɩɭɧɤɬɟɧɚɫɬɨɹɳɟɝɨɞɨɝɨɜɨɪɚ
9. ɍɜɟɞɨɦɥɟɧɢɟ ɨ ɞɨɫɪɨɱɧɨɦ ɩɪɟɤɪɚɳɟɧɢɢ ɞɨɝɨɜɨɪɚ
ɞɨɥɠɧɨɛɵɬɶɨɬɩɪɚɜɥɟɧɨ ɜɨɜɪɟɦɹ
10. ɉɪɢ ɩɨɥɧɨɣ ɡɚɧɹɬɨɫɬɢ ɭ ɜɚɫ ɛɨɥɶɲɟ ɩɪɢɜɢɥɟɝɢɣ ɱɟɦ
ɩɪɢɱɚɫɬɢɱɧɨɣɡɚɧɹɬɨɫɬɢ

196
Exercise 9. Match each type of contract to its definition.

¾ a freelancer and contractor contracts

¾ a fixed-term contract
¾ a full time contract
¾ an agency contract
¾ a part-time contract

1. This type of contract is for permanent position with fixed

salary. If you work under this contract you will also have
holiday entitlements, pension benefits, parental leave
allowances and sick leave entitlement.
………………………………………………………………….
2. A worker usually works fewer than 30 hours per week.
Workers may work in shifts. The workers under this contract
may work overtime, if they want.
…………………………………………………………………...
3. This type of contract lasts for a period of time that was agreed
in advance. You will have the same rights and benefits as in
full time contract, but as for the holiday entitlement it will
depend on contract length.
…………………………………………………………………...
4. The contract is usually agreed and managed by employment
agency. You work on a temporary basis. The length of the
contract, the rights and the benefits depend on demand from
the employer.
…………………………………………………………………...
5. This type of contract includes start and end dates, the salary
depends on type of work. You often work under your own
schedule. You may also negotiate the terms of the contract.
This type of contract usually ends upon delivery.
…………………………………………………………………...

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Exercise 10. Match the paragraph heading of a standard
employment contract to its explanation.
A B
1. employment
2. position title
3. confidentiality
4. termination
5. working hours
6. holiday entitlement
7. compensation
8. absence
9. sick leave
10. term of employment
11. probation period
12. severance
13. governing law
14. grievance procedure
a. a number of working days
that you can have as a vacation
b. procedures for solving
disagreements
c. money you get for doing
extra job or if you get into bad
situation at work
d. this describes the title of the
job and general employment
e. the act of ending work
contract
f. your duties at work
g. how, when and on what
terms you can end the
employment contract
h. where and under what
legislation you are going to
solve the problem if it arises
i. rules about publishing
information
g. when you are not at work
for some reason
k. when you perform your
work duties
l. rules for payment when you
are not at work as a result of
illness.
m. a period of time during
which you perform your duties
n. a time of testing you to see
if you fit for this new job
198
Exercise 11. Here is a sample form of the Employment
Agreement. Match the clauses with the right heading from
the box. There are two extra headings which you do not need
to use.

Sick leave Confidentiality Employment Probation Period

Termination Position Title Term of employment
Holiday entitlement Governing laws

THIS AGREEMENT is made on 30th of September, 2017

between Metrol Company (the "Employer") and Mr Blake
Harrison (the "Employee").
WHEREAS the Employer wishes to get the services of the
Employee, and the Employee wishes to provide such services on
the terms and conditions set forth.
It is agreed:
1. ___________________
The Employee agrees that he will at all times faithfully,
industriously, and to the best of his skill, ability, experience and
talents, perform all of the duties required of his position. In
carrying out these duties and responsibilities, the Employee shall
comply with all Employer policies, procedures, rules and
regulations.
2. ___________________
As a managing director the Employee is required to perform the
following duties.
(a) – carry out day-to-day management activities of the company
(b) – develop strategic plans
(c) – build and maintain an effective management team
(d) – control finance
(e) other duties as may arise from time to time and as may be
assigned to the employee.
3. ___________________

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The Employee shall be entitled to a twenty eight-day holiday.
4. ___________________
The Employee shall be entitled to 30 days sickness pay in any
calendar year.
5. ___________________
It is understood and agreed that the first ninety days of
employment shall be a probation period during which the
Employer may terminate the Employee's employment without
notice or cause.
6. ___________________
(a) The Employee may at any time terminate this agreement
and his employment by giving not less than two weeks’ written
notice to the Employer.
(b) The Employer may terminate this Agreement and the
Employee’s employment at any time, without notice or payment
for sufficient cause.
7. ___________________
This agreement shall be governed by the laws of England and
Wales.
IN WITNESS WHEREOF the Employer and the Employee
signed and sealed this agreement on the date first above written.

Employee’s name and signature

____________________/________________/

Employer’s name and signature

____________________/________________/

Exercise 12. Complete the text with the appropriate

word/words from the box.

employers contract constitutions rights legislation

200
workers rules duties protect court

Employment law governs the……….and

……….between………. and ……….. These rules help to keep
workers safe and to treat them fairly, although
laws……….employers’ interests as well. Employment laws are
based on federal and state ………., ………., administrative
………., and ……….decisions. The relationship between
employer and employee are usually governed by ………..

discrimination compensate unsafe labor wage work

week conditions healthcare pay

American labor laws appeared in the early 20th century, the first
laws were passed to……….injured workers, establish a
minimum………., create a standard………., and outlaw child
……….. In the 1960s Congress acted to prohibit……….. and
……….work……….. Current issues involve employee
……….and equal ……….. for men and women.

overtime commissions litigation rules conditions

violations laws administrative comply pass limits
employee fixed

Many of the employment disputes that result in……….deal with

“wage and hour” ……….. Federal law establishes basic rules
and then states are free to……….additional laws protections.
For example, federal law requires a minimum wage of $7.25 per
hour. Several states have approved a higher minimum wage, and
employers in those states must……….with it.
Wage and hour laws also regulate……….pay. The federal
government does not place……….on the number of hours adults
may work per week, but after 40 hours the rate of one and one-
half must be applied. For example, if an ……….receives $8 per

201
hour but works 48 hours in a week he must get $12 per hour
after 40 hours. Overtime pay………don’t apply to………. and
executive employees, employees with……….salaries and those
who work for ……….. Rules control the hours and
working……….. for workers under age 18.

Exercise 13. Read the following employment law cases. Find

English equivalents for the words and word combinations in
brackets. Give your opinion on each case.

1. Long-term sickness absence and disability

O’Brien v Bolton St Catherine’s Academy (CA)
Ms O’Brien was dismissed by her employer after a long-
term sickness absence. At her appeal hearing, Ms O’Brien
presented a statement of fitness for work from her doctor. It
said that she was fit to return to work. However, the appeal
panel didn’t find this statement convincing and upheld the
appeal.
The Court nevertheless found that it was unreasonable for
the school to disregard new evidence without a further medical
assessment. In practice, before making a decision to dismiss,
employers should consider whether or not they can be expected
to wait any longer and, if so, how much longer.
(ɇɚ ɚɩɟɥɥɹɰɢɨɧɧɨɦ ɫɥɭɲɚɧɢɢ ɦɟɞɢɰɢɧɫɤɨɟ
ɩɨɤɚɡɚɧɢɟɡɚɤɥɸɱɟɧɢɟ ɛɵɬɶ ɝɨɞɧɨɣ ɞɥɹ ɜɨɡɜɪɚɬɚ ɧɚ
ɪɚɛɨɬɭ ɚɩɟɥɥɹɰɢɨɧɧɵɣ ɫɭɞ ɭɞɨɜɥɟɬɜɨɪɢɬɶ ɢɫɤɩɪɨɬɟɫɬ
ɧɟ ɭɱɢɬɵɜɚɬɶ ɧɨɜɵɯ ɞɨɤɚɡɚɬɟɥɶɫɬɜ ɦɟɞɢɰɢɧɫɤɨɟ
ɡɚɤɥɸɱɟɧɢɟ).
2. When is a whistleblower’s disclosure “in the public
interest”?
Chesterton Global Ltd and another v Nurmohamed (Court of
Appeal)

202
 An estate agent raised concerns of accounting malpractice,
which he said was used to reduce the amount of commission
paid to around 100 senior managers, including him. The Court
of Appeal had to decide if the estate agent’s disclosure was “in
the public interest”, a key requirement for lawful whistleblowing
protection.
Despite the fact that the company’s staff and the
whistleblower only had personal interest in the matter, the Court
held that the estate agent’s disclosure satisfied the “public
interest” requirement.
(Ɉɛɧɚɪɨɞɨɜɚɧɢɟ ɫɥɭɠɟɛɧɵɯ ɧɚɪɭɲɟɧɢɣ  ɢɧɮɨɪɦɚɬɨɪɨɦ
ɚɝɟɧɬ ɩɨ ɧɟɞɜɢɠɢɦɨɫɬɢ ɜɵɪɚɠɚɬɶ ɛɟɫɩɨɤɨɣɫɬɜɨ
ɛɭɯɝɚɥɬɟɪɫɤɢɟ ɦɚɯɢɧɚɰɢɢ ɭɦɟɧɶɲɢɬɶ ɪɚɡɦɟɪ
ɜɵɩɥɚɱɢɜɚɟɦɨɣ ɤɨɦɩɟɧɫɚɰɢɢ ɨɫɧɨɜɧɨɟ ɬɪɟɛɨɜɚɧɢɟ
ɡɚɤɨɧɧɚɹ ɡɚɳɢɬɚ ɢɧɮɨɪɦɢɪɭɸɳɢɯ ɨ ɫɥɭɠɟɛɧɵɯ
ɧɚɪɭɲɟɧɢɹɯɢɦɟɬɶɥɢɱɧɵɣɢɧɬɟɪɟɫɫɭɞɩɪɢɡɧɚɥ).

Language in Use: Conditional sentences

If-clause Main clause Use

Type 1 If + the Present The Future Tense/any Happen
Real Simple modal verb/the Present in the
conditi Simple present
on or future
If you pass the interview successfully you will get this
job.
ȿɫɥɢɜɵɭɫɩɟɲɧɨɩɪɨɣɞɺɬɟɫɨɛɟɫɟɞɨɜɚɧɢɟɬɨɜɵ
ɩɨɥɭɱɢɬɟɷɬɭ ɪɚɛɨɬɭ.
If you get ill, you are entitled to sick pay.
ȿɫɥɢɜɵɡɚɛɨɥɟɟɬɟɬɨɜɵɢɦɟɟɬɟɩɪɚɜɨɧɚ
ɨɩɥɚɱɢɜɚɟɦɵɣɛɨɥɶɧɢɱɧɵɣɥɢɫɬ
If you face any difficulties at work you can file a
grievance.
ȿɫɥɢɜɵɫɬɨɥɤɧɺɬɟɫɶɫɤɚɤɢɦɢ-ɥɢɛɨɬɪɭɞɧɨɫɬɹɦɢ

203
 ɧɚɪɚɛɨɬɟɬɨɜɵɦɨɠɟɬɟɩɨɞɚɬɶɠɚɥɨɛɭ.
If you don’t know how to behave yourself in such a
situation, ask for advice.
ȿɫɥɢɜɵɧɟɡɧɚɟɬɟɤɚɤɜɟɫɬɢɫɟɛɹɜɬɚɤɨɣ
ɫɢɬɭɚɰɢɢɨɛɪɚɬɢɬɟɫɶɡɚɫɨɜɟɬɨɦ.
Type 2 If+the Would/could/might funtrue in
Unreal Past Simple + bare infinitive the past;
conditi Note: for the verb translated
on to be use were for in
all forms Russian
with
ɛɵ
If I were you, I wouldn’t enter into this employment
contract.
ȿɫɥɢ ɛɵ ɹ ɛɵɥ ɧɚ ɬɜɨɺɦ ɦɟɫɬɟ ɹ ɛɵ ɧɟ ɡɚɤɥɸɱɚɥ
ɷɬɨɬɬɪɭɞɨɜɨɣɞɨɝɨɜɨɪ.
If I had better conditions at work, I would work harder.
ȿɫɥɢɛɵɭɦɟɧɹɛɵɥɢɭɫɥɨɜɢɹɧɚɪɚɛɨɬɟɥɭɱɲɟɬɨ
ɹɛɵɪɚɛɨɬɚɥɚɭɫɟɪɞɧɟɟ
If you broke a law, you could be sent to prison.
ȿɫɥɢ ɛɵ ɬɵ ɧɚɪɭɲɢɥɚ ɡɚɤɨɧ ɬɨ ɬɟɛɹ ɛɵ ɦɨɝɥɢ
ɨɩɪɚɜɢɬɶɜɬɸɪɶɦɭ

Exercise 14. Open the brackets using Real Condition.

1. If you (steal) from the shop, the policeman (catch) you.

2. The policeman (not catch) me if I (run) fast enough!
3. If they (catch) you, they (call) the police.
4. What I (do) if I (be) unfairly dismissed?
5. If you (be) fired without a notice, you (file) a lawsuit.
6. If an employer (not/pay) minimum wage, he (break) the law.
7. If you (become) unemployed you (get) unemployment
benefit.

204
8. If you (be) an ambitious, independent and quick-thinking
person, you (have) better chances to find a good job.
9. If we (not/improve) our workforce planning, we (have) to
head overseas.

Exercise 15. Fill in the gaps with the words from the box.
Use Real Condition.

confuse/allow get /steal can/not have not have/not be

not cover /see tell/not return

1. If a credit card thief gets the chance, he will steal your card or your
money. Are there any ways to prevent this theft? A specialist in petty
thefts says we can prevent it in the following ways:
2. Always cover your PIN number when you use it. If you don’t
………. it, someone………..
3. Don’t talk to anyone at the cash machine-a thief ………. you by
talking to you if you ………. him to.
4. You need good security on your computer-thieves ………. get into
your accounts if you ……….proper security.
5. When you buy something on the Internet, make sure the website has
a “locked” symbol. If it ……….one, it……….secure enough.
6. Don’t forget, if you……….your PIN number to another person and
your money is stolen, your bank………..your money.

Exercise 16. Open the brackets using Unreal Condition.

1. I ……… (not/like) the new laws if I ……… (live) in London.

2. If you ……….. (be) a New York police officer, (arrest)
someone for feeding birds?
3. Where ………. (go) if you ……….(want) a cigarette at
work?
4. I ………. (not/ be) very happy if I ………. (have to) pay a
fine for putting my bag on a seat.

205
5. If New York ……….. (not/have) these laws, tourists……….
(find) it dangerous and dirty.
6. If these laws……….(exist) in your country, ……….(be) they
popular?
7. There……….(be) less crime if the police ………..(have)
more power in my country.
8. If Russia……….(have) more of these laws, it………..(be) a
better place to live.
9. If people……….(smoke) in here, we……….(go) home
smelling of cigarettes.
10. You always follow traffic rules, but if you………. (not
obey) traffic rules, you………..(have) a lot of accidents.

Exercise 17. Read the letter and then complete the responses
below, using the underlined parts of the letter to help you.

We're really worried about our son at present. He's

fifteen and he's just started going round with a gang of older
boys who are involved in petty crime. (1) We don't take him
to school in the morning and we know that he doesn't actually
go to school a lot of the time -he meets these boys. They go
to the cinema and funfairs, and our son uses (2) the money we
give him for lunch to go with them. (3) We haven't talked to
our son about this yet, because we're sure (4) he'd just lie to
us - he accuses us of treating him like a child and watching
him all the time.
(5)We really don't know whether to talk to the police
about him -it seems so dramatic. There's a parents' evening
at school next week, so (6) perhaps we should speak to his
teachers first. We don't know (7) if there's any way they can
help us
1. If you took him to school in the morning, you could make
sure he goes inside.

206
2. He wouldn't be able to spend money on funfairs if you
_______________________.
3. I would talk to your son if you______________________.
4. He probably _____________ lie to you if you treated him
like an adult.
5. If I were you I ___________________ unless you know
he has committed a crime. Your son is very young and you
don't want the police involved at this stage.
6. It would be a good idea if you _____________________.
They might be worried, too.
7. The teachers know your son. If you speak to them, they
_______________________.

Revision
1. What is Employment Law?
2. Which types of employment contracts do you know?
3. What are some common “causes” for being fired?
4. What are the main clauses of employment agreements?
5. What’s the main aim of the International Labour
Organization?

207
 UNIT 11. LITIGATION AND
ARBITRATION
Reading 1. Glossary
1. litigation ɪɚɡɛɢɪɚɬɟɥɶɫɬɜɨɜɫɭɞɟ
2. solve a dispute ɪɚɡɪɟɲɚɬɶɫɩɨɪ
3. pretrial (stage) ɞɨɫɭɞɟɛɧɚɹɫɬɚɞɢɹɩɪɨɰɟɫɫɚ
4. trial (stage) ɫɭɞɟɛɧɵɣɩɪɨɰɟɫɫ
5. post-trial (stage) ɩɨɫɥɟɫɭɞɟɛɧɚɹɫɬɚɞɢɹ
6. individual ɮɢɡɢɱɟɫɤɨɟɥɢɰɨ
7. legal entity ɸɪɢɞɢɱɟɫɤɨɟɥɢɰɨ
8. unjust ɧɟɫɩɪɚɜɟɞɥɢɜɵɣ
9. harmful ɩɪɢɱɢɧɹɸɳɢɣɜɪɟɞ
10. settle a dispute ɭɥɚɞɢɬɶɤɨɧɮɥɢɤɬ
11. negotiations ɩɟɪɟɝɨɜɨɪɵ
12. file a lawsuit ɩɨɞɚɬɶɫɭɞɟɛɧɵɣɢɫɤ
13. collect evidence ɫɨɛɢɪɚɬɶɞɨɤɚɡɚɬɟɥɶɫɬɜɚ
14. present evidence ɩɪɟɞɨɫɬɚɜɥɹɬɶɞɨɤɚɡɚɬɟɥɶɫɬɜɚ
15. statements of ɩɨɤɚɡɚɧɢɹɫɜɢɞɟɬɟɥɟɣ
witnesses
16. testify ɞɚɜɚɬɶɩɨɤɚɡɚɧɢɹɜɫɭɞɟ
17. deliver a judgement ɜɵɧɨɫɢɬɶɪɟɲɟɧɢɟ
18. appeal ɩɨɞɚɜɚɬɶɚɩɟɥɥɹɰɢɸ
19. settlement ɭɪɟɝɭɥɢɪɨɜɚɧɢɟɫɩɨɪɚ
20. legal costs ɫɭɞɟɛɧɵɟɢɡɞɟɪɠɤɢ
21. outweigh ɩɪɟɜɨɫɯɨɞɢɬɶ
22. drive into ɞɨɜɨɞɢɬɶɞɨɛɚɧɤɪɨɬɫɬɜɚ
bankruptcy
23. preventive ɩɪɟɞɭɩɪɟɞɢɬɟɥɶɧɵɣ
24. take the advantage ɜɨɫɩɨɥɶɡɨɜɚɬɶɫɹ
of
25. vulnerable ɭɹɡɜɢɦɵɣ
26. exhaust ɢɫɱɟɪɩɚɬɶ
27. discovery ɨɛɟɫɩɟɱɟɧɢɟɞɨɤɚɡɚɬɟɥɶɫɬɜ
28. reward ɤɨɦɩɟɧɫɚɰɢɹ
29. go into bankruptcy ɫɬɚɬɶɛɚɧɤɪɨɬɨɦ

208

ƒ What forms of dispute resolution do you know?

Litigation is the process of solving disputes in court. It

consists of pretrial, trial and post trial stages. The legal
process begins when an individual or a legal entity decides that
some action is unjust or harmful to another individual or a
legal entity. At first parties usually try to settle the dispute
during negotiations. If they fail, the claimant files a lawsuit.
The parties then collect evidence in the form of documents,
statements of witnesses, etc. During the trial the evidence is
presented, witnesses testify, the judge or the jury delivers the
judgement. Post-trial stage includes appeals, negotiations, and
settlement.
Lawsuits should not be filed easily. Sometimes direct or
indirect legal costs can outweigh marketing, production and
other costs or even drive a business into bankruptcy. So, first
you should decide how important the winning is for you and
how much you are ready to spend.
Most suits can be avoided by preventive legal strategy, the
idea of which is that it is always easier and cheaper to prevent a
problem from arising than try to solve it later. Unfortunately,
lack of knowledge can keep businesses from taking the
advantage of this strategy, make businesses vulnerable to legal
actions. Such businesses look at lawyers as their enemy.
Litigation generally takes a lot of time, effort, nerves, and is
definitely not good for your business. Besides a lost case can
damage your reputation or create an unpleasant legal precedent.
That’s why suits should be filed only after all other alternatives
have been exhausted. Sometimes the cost of discovery and the
trial can be higher than the reward that you can get. In other
cases, even if you win you later find out that the victory is
useless because the other party has gone into bankruptcy.

209
 That’s why think twice before filing a suit, even when you
feel you are in the right.

Exercise 1. Put each of the following words in its correct

place in the passage below:

miss award avoid

unsettled advantage precedent opportunities

A lot has been said about how desirable it is to ………….

litigation. But it is not always so. One party may see a strategic
……………. in litigation if it wants to drive another party out of
business, set a ……………, or seek an injunction. Sometimes a
party feels it can get a bigger ……………… through litigation.
Also, litigation can be an option if a case involves ……………..
legal issues. Litigation provides not only dangers, but also
…………………, it has losers and winners. And if you look at
the process in its entirety and don’t ……………. the
opportunities, you can win.

Exercise 2. Decide if the statements are true (T) or false (F):

1. Litigation is a complicated process and it includes several

stages.
2. Preventive legal strategy means that you should file a lawsuit
before the opposite party has done so.
3. You should always try to win the case.
4. Litigation can be used by both individuals and legal entities.

Exercise 3. ɋomplete the table with the correct forms:

Verb Noun Adjective

solvable

210
 negotiation
trial
prevent
appeal
provisional
exhaustive

Exercise 4. Match the verbs with the nouns.

1. resolve a._evidence
2. settle b._litigation
3. file c._the advantage
4. collect d._in court
5. deliver e._a dispute
6. avoid f._a problem
7. testify g._a lawsuit
8. prevent h._alternatives
9. take k._a judgement
10. exhaust l._a case

Exercise 5. Speak about litigation using the plan.

x What is litigation? What happens during pretrial, trial and

post-trial stages?
x What factors should be considered before a party files a
lawsuit?
x What strategy can help businesses and lawyers cooperate
successfully?
x Why should litigation be avoided in most cases if other
alternatives still exist?
x Are there situations when litigation is preferable to other
options?

211

ƒ What are alternative dispute resolution methods?

Reading 2.
As litigation can be quite complicated, parties can choose
alternative dispute resolution methods (ADR). Sometimes
parties involved in a dispute try to reach a mutually acceptable
solution by direct negotiation.
In some cases an impartial third party may be chosen as a
mediator. The role of the mediator is to offer possible solutions
to the problem and find the variant, satisfactory for both parties.
Finally, parties can agree to solve problems through arbitration.
Arbitration is an out-of-court proceeding in which an impartial
third party called an arbitrator hears evidence and then makes a
decision. The decision of the arbitrator is binding on both
parties. Generally it’s also final, so it cannot be appealed.
Arbitration is the most commonly used method of alternative
dispute resolution (ADR).
The differences between arbitration and litigation are that
arbitration is usually quicker, cheaper and the whole procedure
is simpler and more flexible for scheduling than litigation. For
simple contract disputes in which the matter can be heard in one
day, arbitration is usually a good choice.
Unlike litigation, arbitration is a procedure of dispute
resolution on a private basis, so it avoids some of the hostility of
courtroom disputes. It is easier to continue business
relationship with the opponent than after litigation.
Parties can influence the choice of the arbitrator, who is
usually an expert in the business or trade in which the dispute
has arisen, rather than a judge who may not be familiar with the
issues.

212
 Arbitration is voluntary and sometimes when parties start
their business relationship, they include in the original contract
the arbitration provision, in which they agree from the very
beginning that if any dispute arises, it will be resolved through
arbitration. Thus parties give up their right to go to court as well
as their right to appeal. If a provision like this isn't included in
the contract, the parties can still arbitrate if they both agree to it.
ADR methods are used in a wide range of civil disputes, such
as small claims, family matters, contract and employment
issues as well as complicated international commercial disputes.

Continue the glossary:

ADR methods ɚɥɶɬɟɪɧɚɬɢɜɧɵɟɫɩɨɫɨɛɵɪɚɡɪɟɲɟɧɢɹ
ɫɩɨɪɨɜ
mutually acceptable ɜɡɚɢɦɨɩɪɢɟɦɥɟɦɵɣ
impartial ɛɟɫɩɪɢɫɬɪɚɫɬɧɵɣ
mediation, mediator ɩɨɫɪɟɞɧɢɱɟɫɬɜɨɩɨɫɪɟɞɧɢɤ

213
Exercise 6. Fill in the gaps with prepositions.

to in by to for with through

on in of in, on

x to reach an agreement …… negotiation;

x solutions …… the problem;
x satisfactory ……. both parties;
x solve problems ……… litigation;
x the decision is binding ……. both parties;
x the most common method …… alternative dispute resolution;
x the case can be heard …….. one day;
x arbitration is …….. a private basis;
x the judge may not be familiar ……… the issues;
x parties include the arbitration clause ………. the contract;
x parties give up their right ……….. appeal;
x ADR methods are used ……….. a wide range of disputes.

Exercise 7. Choose the right prefix for each of the adjective.

In case of doubt consult a dictionary.

resolved, binding, settled, direct, just,

dependent, partial, possible, negotiable, flexible

Un- In- Im- Non-

214
Comprehension questions

x What are ADR methods? What is the difference between

them?
x What are the advantages of arbitration over litigation?
x What is the arbitration clause?
x In what spheres is arbitration often used?

Reading 3.
Read the clause below and translate it into Russian

Sample Arbitration Clause

Arbitration. All claims and disputes arising under or relating to
this Agreement are to be settled by binding arbitration in the
state of [insert state in which parties agree to arbitrate] or
another location mutually agreeable to the parties. The
arbitration shall be conducted on a confidential basis pursuant
to the Commercial Arbitration Rules of the American
Arbitration Association. Any decision or award as a result of
any such arbitration proceeding shall be in writing and shall
provide an explanation for all conclusions of law and fact and
shall include the assessment of costs, expenses, and reasonable
attorneys' fees. Any such arbitration shall be conducted by an
arbitrator experienced in [insert industry or legal experience
required for arbitrator] and shall include a written record of the
arbitration hearing. The parties reserve the right to object to
any individual who shall be employed by or affiliated with a
competing organization or entity. An award of arbitration may
be confirmed in a court of competent jurisdiction.

https://www.nolo.com/

215
 Language in use: Modals

There are different ways of speaking about possibilities in

English:
Can is used to say something is generally possible: If they file a
suit, they can win.

May is used to talk about the chance that something will happen
or is happening: I am not sure, but they may file a suit against
us.

May not is used to talk about a negative possibility in the

future: If we make our position clear, they may not file a suit
against us.

In legal documents the verb shall is used to express obligation

(the meaning of must in general English): The power to adopt
the new bylaws shall be given to the Board of Directors.

The verb should generally has the meaning of recommendation:

Companies should be ready to face more legal regulation.

Exercise 8. Read the sentences taken from arbitration

clauses and fill in the gaps with the modals.

can (x2) may (x5) shall (x2) should

1. The parties ……….. wish to stipulate the law governing the

contract, the number of arbitrators and the place of
arbitration.

216
2. In principle, parties ……….. also always ensure that the
arbitration agreement is in writing and carefully and clearly
drafted.
3. The standard clause …………. be modified according to the
requirements of national laws and any other special
requirements that the parties …………. have.
4. The following language is suggested for this purpose:
"All disputes arising out of or in connection with the present
contract …………. be submitted to the International Court of
Arbitration of the International Chamber of Commerce and
………… be finally settled under the Rules of Arbitration of
the International Chamber of Commerce."
5. Arbitration ………… be combined with pre-arbitral referee
procedure, mediation and any other form of ADR.
6. No dispute ………… be joined with another lawsuit, or in an
arbitration with a dispute of any other person.
7. The arbitrator …………. not award damages that are not
expressly authorized by this agreement and ………… not
award punitive damages or attorneys' fees unless such
damages are expressly authorized by a statute.

www.iccwbo.org

Reading 4.

Read the text and decide if the statements are true (T) or
false (F).
1. Online Dispute Resolution requires that the disputing parties
never meet in person.
2. ODR is convenient if the disputing parties are in different
locations.
3. ODR is usually restricted to e-commerce transactions.

217
4. As the disputing parties don’t see each other, they have little
control over the procedure.
5. Some organizations provide Online Dispute Resolution
assistance to customers.

Online Dispute Resolution (ODR) uses alternative dispute

resolution processes to resolve a claim or dispute. Online
Dispute Resolution can be used for disputes arising from an
online, e-commerce transaction, or disputes arising from an
issue not involving the Internet, called an “offline” dispute. The
parties may use the Internet and web-based technology in a
variety of ways. Online Dispute Resolution can be done entirely
on the Internet, or “online,” through email, videoconferencing,
or both. The parties can also meet in person, or “offline.”
Sometimes, combinations of “online” and “off-line” methods
are used. Some e-commerce companies provide Online Dispute
Resolution as a service to customers. A growing number of
organizations exist that provide Online Dispute Resolution
services for consumers and e-commerce businesses. These
organizations are called Online Dispute Resolution Providers.
Online Dispute Resolution has gained popularity in resolving e-
commerce disputes among businesses and consumers.
Advantages of Online Dispute Resolution include:
Cost – Online Dispute Resolution is often less expensive than
the traditional legal process.
Efficiency – Online Dispute Resolution can often resolve the
dispute quickly
Participation and Control – parties using Online Dispute
Resolution must work with each other to resolve the dispute and
often have more control of the outcome of the dispute.
Flexibility – parties using Online Dispute Resolution can have
more flexibility than the traditional legal process.

218
Geographic flexibility – Online Dispute Resolution can allow
parties in different locations or countries to avoid the costs and
inconveniences of travel.
ODR is a wide field, which may be applied to a range of
disputes from interpersonal disputes including consumer to
consumer disputes or marital separation to court disputes and
interstate conflicts.

Abridged from www.americanbar.org

Revision

x Why should litigation be avoided in most cases and in what

situations can litigation be useful?
x What questions should a party answer before making a
decision to file a lawsuit?
x Characterize each of the ADR methods. Speak about the
differences between them. How are they different from
litigation?
x Why is it advisable to include an arbitration clause in a
commercial contract? What information should the clause
contain?
x What is ODR? Why is it becoming quite popular nowadays?

SUPPLEMENTARY READING

Case 1.

Arbitration in International Commerce

Read the case summary and speak about the case using the
following plan.

219
x What are the facts of the case? What was the dispute about?
x Explain the positions of the Buyer and the Seller.
x What decision did the tribunal make? How did the tribunal
comment on its decision?
x What was the award?

Peanut kernel case (June 1999)

Dispute on payment in international sale of goods.

PARTIES

Claimant: A company registered in the P.R. China [Seller].

Respondent: A company registered in the Netherlands [Buyer].

The parties entered into a sales contract for peanut kernels.

The contract stipulated the quality standard, the shipment, FOB
and the approximate time for shipment. Further, the contract
foresaw that the buyer had to make payment by a Letter of
Credit (L/C) within 15 days prior to the date of shipment. The
buyer inspected the goods on four occasions with the seller.
After the last inspection, however, it declared that it would not
open the L/C alleging nonconformity of the goods with the
contract standard. When negotiations to settle the issue failed,
the seller informed the buyer via fax that it was treating the
contract as terminated and claimed damages for losses from the
buyer before an arbitration tribunal.
The buyer argued that it had been the business practice
during the parties' long-term trading relationship that the buyer
was only bound to open the L/C after both parties had agreed on
the eligibility of the goods after their inspection. As the seller
did not prepare the goods in conformity with the contract
standard, the buyer was under no obligation to open the L/C.

220
The tribunal held that the contract provision on the opening of
the L/C prevailed over the business practice of the parties
alleged by the buyer [Art. 9 CISG]. Therefore, the buyer's
failure to open the L/C and to arrange for transportation
constituted a fundamental breach of contract [Art. 25 CISG].
The buyer was, thus, liable for the seller's loss of profits
pursuant to [Art. 74 CISG]. However, the tribunal noted that the
seller should mitigate its loss according to Art. 77 CISG by
taking reasonable measures to resell the goods at the prevailing
market price [CISG Article 76(1)].

Award

[Buyer] shall compensate [Seller] for [Seller]'s reasonable

losses US $52,200, caused by [Buyer]'s fundamental breach.

[Seller]'s other claims are dismissed.

Comment

1. The customary practices of the parties do not overturn a

provision expressly written in the contract

Regardless of whether during their long-term cooperation

both parties have established the practice of inspecting the goods
first and opening the L/C thereafter, a provision to the contrary
expressly agreed in the Contract shall naturally prevail over an
implied inference [i.e., the practice alleged by Buyer].
Therefore, [Buyer] is bound to open the L/C within 15 days
prior to the time of shipment. [Buyer]'s failure to perform its
obligations under the Contract and its declaration to terminate
the Contract via the fax on 31 May 1994 constitute a
fundamental breach of contract. [Buyer] should be liable for its
breach.

221
2. The reasonable loss of profits should be the difference
between contract price and the current market price.

[Seller] should take reasonable measures to resell the goods

at the current market price to mitigate its loss. [Seller]'s
reasonable and direct loss of profits should be the difference
between the contract price and the current market price.

Abridged from: cisgw3.law.pace.edu/cases/990600c1.html

Case 2.
Dismissing Christian who refused
to leave her husband was discrimination

EAT decision seems to protect a belief in the sanctity of

marriage.

Employment Tribunals are independent judicial bodies

established to resolve disputes between employers and
employees. This includes cases about things like unfair
dismissal, redundancy and discrimination. There are also many
other sorts of claim that can be brought.
There are three members of the tribunal who will decide on
your case. Together they are called the tribunal panel. They are
an employment judge who will run the proceedings, a person
representing employer's organisations and a person representing
employee's organisations. Some types of cases and some types
of hearings can be heard by an employment judge without the
panel members.
Taken from https://www.citizensadvice.org.uk/

222
Read the case summary below and answer the questions.

x What important personal decision did the claimant have to

make?
x What principles was she guided by?
x Why was the claimant dismissed?
x What was the decision of the Employment Tribunal?
x Did the EAT affirm or reverse the decision? What was the
reasoning?

In an unusual case, the EAT (the Employment Appeal

Tribunal) has held that the dismissal of a teacher who refused to
leave her husband (who had been convicted of sex offences)
amounted to indirect religious discrimination (Pendleton -v-
Derbyshire County Council and the Governing Body of Glebe
Junior School 2016).

Ms Pendleton was employed as a teacher and was a

practising Christian. Her husband was a teacher at another local
school, and was arrested on suspicion of downloading indecent
images of children, and voyeurism (he had been using a hidden
camera in the school changing rooms).
There was no suggestion that Ms Pendleton had known about
these activities, but she decided to stay with her husband in
order to uphold her marriage vows. The school alleged gross
misconduct in the form of erosion of trust and confidence in her
ability to carry out safeguarding responsibilities as a teacher if
she stayed with her husband, and commenced disciplinary
proceedings. Several months later and after Mr Pendleton had
been convicted, she was summarily dismissed in consequence of
her decision to stay with her husband. Mrs Pendleton claimed
indirect religious discrimination based on her Christian belief.

223
 The Tribunal dismissed the claim on the basis that there was
no group disadvantage, i.e. the school would have dismissed
anyone who chose not to end a relationship in such
circumstances. On appeal, the EAT held that in fact there had
been a particular disadvantage for those with a religious belief in
the sanctity of marriage vows. Although it would be a difficult
choice for anyone in a long-term and committed relationship (of
whatever type), those who held a religious belief in the
particular sanctity of marriage, would in fact face a particular
disadvantage.
It was not relevant either that the policy in question had only
been relied upon once. This was not just a one-off decision and
the Tribunal had been entitled to decide on the evidence that the
school would respond in the same way should such highly
unusual circumstances arise again, and as a result there was a
policy, criterion or practice in place.

www.lexology.com/library/detail.aspx

Case 3.

The Court of Arbitration for Sport (CAS) is an

international quasi-judicial body established to settle disputes
related to sport through arbitration. Its headquarters are
in Lausanne.
The CAS is independent of any sports organization and its
procedural rules are adapted to the specific needs of the sports
world. Its arbitral awards have the same enforceability as
judgements of ordinary courts. It can also help parties solve their
disputes on an amicable basis through mediation, when this
procedure is allowed. In addition, the CAS gives advisory
opinions concerning legal questions related to sport.
Case note.

224
The case is abridged and adapted from
CAS2009/A/1926 International Tennis Federation v. Richard Gasquet
CAS2009/A/1930 WADA v. ITF & Richard Gasquet

x Why didn’t the Player take part in the tournament? Where did
he spend the night before the tournament?
x What was found in his sample? What was he charged with?
x What was the Independent Anti-Doping Tribunal’s decision?
x Where was the case referred to?
x What was the first important question for the Panel of
arbitrators to answer?
x What standards of proof were applied?
x What several alternative explanations were offered? Which
alternative seemed more likely than others?
x According to the Panel of arbitrators did the Player act with
or without fault or negligence? What explanation was given?
x What were the CAS Panel of arbitrators’ conclusions?
x How are the principles applied in this case different from the
principles applied in criminal cases?

The background and the facts

Richard Gasquet is a famous French tennis player who in

2007 was ranked in the top 10 in the world (hereinafter referred
to as “the Player”).
In March 2009, because of his shoulder injury, following his
doctor’s advice, he decided to withdraw from the Tournament.
The night before the Tournament he went to a night club with a
group of friends where they met several young women. The
Player spent time mostly with one of them called Pamela.
During the evening they kissed several times.
The next morning the Player signed a withdrawal form and
was required to undertake a doping test.

225
 The Player’s sample A was tested at the WADA accredited
laboratory and found to contain a cocaine metabolite, and a very
small amount of unmetabolised cocaine. The Player was charged
with a doping offence.

Procedural history

The case was heard before the Independent Anti-Doping

Tribunal of the ITF, which concluded that the player had
committed a doping offence: He didn’t deny that the sample was
his and in sport law presumption of guilt is in force. But in the
unusual and exceptional circumstances in which he was
contaminated with cocaine by kissing Pamela, he could establish
the defence of no significant fault or negligence. The Player was
declared ineligible for a period of 2,5 months from participating
in any event authorized by the ITF.
The decision was appealed by both the ITF and WADA. The
ITF claimed the Player’s guilt was not proved, while WADA
insisted on significant fault or negligence in the Player’s actions.
The case was then referred to the CAS where it was heard by the
Panel of arbitrators.

Legal issue

In order to determine whether the Player acted with no fault or

negligence…..when he was contaminated with the prohibited
substance, he first needs to establish how the prohibited
substance entered his system.
Applicable standards of proof

Art.3.1 of the WADA Code provides that: “Where the Code

places the burden of proof upon the Athlete or other Person
alleged to have committed an anti-doping rule violation to rebut

226
a presumption or establish specified facts or circumstances, the
standard of proof shall be by a balance of probability…”

The case offered several alternative explanations of how the

prohibited substance had got into the Player’s body, but the
Player had to meet the required standard of proof by convincing
the Panel that one alternative is more likely than not to have
occurred. In that case it remains irrelevant that there may also
be other possibilities as long as they are considered by the Panel
to be less likely to have occurred. A balance of probability
simply means that there is a 51% chance of it having
occurred. In other words, the Player needs to show that one
specific way of ingestion is marginally more likely than not to
have occurred.

Applying the required standards of proof

In the Panel’s view, it is indisputable that the possibility of

deliberate ingestion is ruled out…considering the small quantity
of the cocaine found.
Also, in case of deliberate spiking a much bigger quantity
would have been used. Besides, there is no evidence that the
Player’s surroundings that night were hostile. He was with a
group of friends from his home country, people were enjoying
themselves, and nobody had any intention to harm the Player.
The Panel also rules out contamination through accidental
spiking, as consummation of cocaine was not seen at the club.
There is no evidence of contamination by touching persons who
had cocaine dust on them, so the theory has not been developed.
The only means of ingestion that have not been ruled out is
by kissing Pamela after she had ingested cocaine. Pamela had a
reputation of being a cocaine user.
It is basically undisputed that the Player and Pamela kissed
several times during the night in question. There is no clear
evidence that Pamela consumed cocaine that night. But
considering the facts that Pamela’s consumption of cocaine was
constantly increasing during that period it is more likely than not
that Pamela also

227
 UNIT 12. INTERNATIONAL LAW

Reading 1. Glossary
1. International law ɦɟɠɞɭɧɚɪɨɞɧɨɟɩɪɚɜɨ
2. to govern ɭɩɪɚɜɥɹɬɶɨɩɪɟɞɟɥɹɬɶ
3. sovereign ɫɭɜɟɪɟɧɧɵɣ
4. a subject ɫɭɛɴɟɤɬ
5. public international law ɦɟɠɞɭɧɚɪɨɞɧɨɟɩɭɛɥɢɱɧɨɟ
ɩɪɚɜɨ
6. private international law ɦɟɠɞɭɧɚɪɨɞɧɨɟɱɚɫɬɧɨɟ
ɩɪɚɜɨ
7. supranational law ɧɚɞɧɚɰɢɨɧɚɥɶɧɨɟɩɪɚɜɨ
8. to overlap ɱɚɫɬɢɱɧɨɫɨɜɩɚɞɚɬɶ
9. international court of ɦɟɠɞɭɧɚɪɨɞɧɵɣɫɭɞ
justice
10. to provide ɨɩɪɟɞɟɥɹɬɶ
ɩɪɟɞɭɫɦɚɬɪɢɜɚɬɶ
11. international custom ɦɟɠɞɭɧɚɪɨɞɧɵɣɨɛɵɱɚɣ
12. treaty ɞɨɝɨɜɨɪ
13. convention ɤɨɧɜɟɧɰɢɹ
14. to be defined ɛɵɬɶɨɩɪɟɞɟɥɟɧɧɵɦɤɚɤ
15. an article ɫɬɚɬɶɹ
16. to originate ɩɪɨɢɫɯɨɞɢɬɶ
17. a pattern ɦɨɞɟɥɶɨɛɪɚɡɟɰ
18. sense ɱɭɜɫɬɜɨ
19. legal right ɸɪɢɞɢɱɟɫɤɨɟɩɪɚɜɨ
20. obligation ɨɛɹɡɚɬɟɥɶɫɬɜɨ
21. agreement ɫɨɝɥɚɲɟɧɢɟ
22. charter ɯɚɪɬɢɹ
23. framework convention ɪɚɦɨɱɧɚɹɤɨɧɜɟɧɰɢɹ
24. outline convention ɤɨɧɬɭɪɧɚɹɤɨɧɜɟɧɰɢɹ
25. parties to a treaty ɫɬɨɪɨɧɵɞɨɝɨɜɨɪɚ
26. advisory standards ɪɟɤɨɦɟɧɞɚɬɟɥɶɧɵɟ
ɫɬɚɧɞɚɪɬɵ
27. to recognize ɩɪɢɡɧɚɜɚɬɶ
28. provisions ɫɬɚɬɶɢɩɨɥɨɠɟɧɢɹ

228

ƒ What does international law involve?

International Law is a body of law that governs legal

relations between or among states or nations. A state must be
sovereign, which means it needs a territory, a population, a
government and the ability to engage in foreign relations in
order to be qualified as a subject of International Law.
There are such basic categories of International Law as
public international law, private international law and
supranational law. Public international law and private
international law tend to frequently overlap.
Public international law deals with rights and duties of
different nation states in relations to each other. Article 38(1) of
the International Court of Justice Statute provides that
International Law has its basis in international custom,
international treaties or conventions, and the general principle
of law.
Custom, also referred to as customary international law, is
defined as a general Practice of Law under article 38(1). It
originates from a pattern of state practice and is followed by
states out of sense of legal right and obligation.
Conventional international law includes international
agreements and legislative treaties that establish rules expressly
recognized by consenting states. The treaties may have the form
of a convention, agreement, charter, or a framework
convention and outline convention. Only states that are parties
to a treaty are bound by it. But a great number of states have
voluntary recognized major international treaties such as the
Genocide Convention, the Vienna Convention and the
provisions of the United Nations Charter.
International institutions and intergovernmental
organisations like the UN, the WTO, the World Health
Organisation and the World Intellectual Property Organisation

229
have become a principal instrument for developing new
advisory standards and making, implementing and enforcing
public international law.

Exercise 1. Decide whether these statements are true or false

according to the information in the text. If the statement is
false find the correct answer.

1. Only a sovereign state may be a subject of International Law.

2. Public international law and private international law never
overlap.
3. International Law is derived from such sources as Customary
international law, Conventional international law and general
legal principles.
4. States are motivated to follow Customary international law
by sense of legal obligation.
5. International treaties are binding for all states.

Exercise 2. Answer these questions.

1. What is International Law?

2. What states are qualified as subjects of International Law?
3. What are the basic categories of International Law?
4. Where do the sources of International Law derive from?
5. How is custom defined under article 38(1) of ICJ Statute?
6. What form may international treaties have?

Exercise 3. Complete these sentences with the correct words

from the text.

1. In order to be qualified as a ……………. of International

Law a state has to be sovereign.
2. Public international law and private international law tend to
……………… frequently.

230
3. Public international law ……………….. rights and duties of
different states in ……………….. to each other.
4. Customary international law originates from a ………….. of
state practice.
5. Only states that are …………. to a treaty are bound by it.
6. The UN which develops ……………….. is the best-known
intergovernmental organization.

Exercise 4. Give definitions of the following legal terms.

x International Law
x Sovereign state
x Subject of International Law
x Public international law
x Custom
x Practice of Law
x Conventional international law

Exercise 5. Match the words from column A and B to make

word partnerships from the text. Give their Russian
equivalent.

A B Collocation
legal treaties
international standards
intergovernmental custom
advisory state
legislative organization
sovereign relations

Exercise 6. Find additional information about the following

international treaties. Translate their names into Russian.

231
The General Agreement on Tariffs and Trade; the Kyoto
Protocol Treaty; the Nuclear Non-Proliferation Treaty, the
Geneva Conventions, the Convention on the Rights of the Child.

ƒ Read the text and define the relationship between int.law and
supranational law.

Reading 2. Private International Law and

Supranational Law

Private international law concerns relations across legal

jurisdictions between persons, companies, corporations and
other legal entities. Private international law governs the choice
of jurisdiction to apply in a specific legal case when there are
conflicts related to private transaction or a dispute where
private individuals or business entities are involved. Private
international law usually addresses the following: jurisdiction in
which a case may be heard, choice of applicable laws,
recognition or enforcement of a foreign judgement.
The basic sources of Private international law are national
laws. Private international law refers to the body of treaties and
conventions, model laws, legal guides and other instruments to
regulate disputes and transactions.
Private international law deals with a wide variety of topics,
such as international contracts, family matters, human
trafficking, terrorism and cyber-crime cases.
Supranational law is a form of International law based on
limitation of rights of sovereign states when the laws of a
national state are not applicable if in conflict with a
supranational legal framework. In supranational law nations
voluntary grant their right to make a judicial decision to a set

232
of common tribunals. The UN Security Council and
International Court of Justice may be considered the only
globally recognized supranational tribunals. Supranationalism as
a method of decision making in multinational political
communities can be seen at present only in the European Union.

Read the text again and complete the glossary.

private international law ɱɚɫɬɧɨɟɦɟɠɞɭɧɚɪɨɞɧɨɟɩɪɚɜɨ

to concern ɤɚɫɚɬɶɫɹ
legal entity ɸɪɢɞɢɱɟɫɤɨɟɥɢɰɨ
legal case ɸɪɢɞɢɱɟɫɤɢɣɫɥɭɱɚɣ
dispute
applicable laws
enforcement of foreign
judgment

Exercise 7. Retell the text using the following plan.

1. What does Private international law concern? What does it

govern? What does it address?
2. Name the basic sources of Private international law.
3. What topics does Private international law deal with?
4. What is Supranational law based on?
5. To what institutions do sovereign states voluntary grant their
right of making judicial decision? Why do they act in this
way?

233
6. What is the present example of supranational legal
framework?

Exercise 8. Complete the following sentences with the

prepositions from the box.

with to (2) across under by for of

between from on

1. Parties…….a treaty are the states which have agreed to be

bound ……. the treaty.
2. ……. Article 38 (1) …….. the International Court of Justice
Statute International Law is based …… custom, international
treaties and conventions and general principal of law.
3. Customary international law originates ……..a pattern of a
state practice of law.
4. One of the principal instruments …… developing advisory
standards is the UN.
5. Private international law concerns relations ………. legal
jurisdictions ………..persons, companies and other legal
entities.
6. Private international law refers ……the body of different
legal instruments to regulate disputes.
7. Private international law deals ……. a wide variety of topics.

234
Exercise 9. Match the words in column A (1-11) and B (a-k)
to make word partnerships from the text.

A B
1. family a. trafficking
2. sovereign b. individuals
3. legal c. supranational
4. judicial d. entity
5. applicable e. matters
6. private f. state
7. legal g. cases
8. tribunals h. law
9. cyber-crime i. decision
10. foreign j. judgment
11. human k. framework

Exercise 10. Read the following text and answer these

questions.
1. What is the EU?
2. When was the EU formed?
3. Why was the EU created?
4. How many countries are the members of the EU?
5. What are four administrative bodies of the EU?

Reading 3. European Union
Nowadays the European Union (EU) is an economic and
political federation consisting of 28 member countries that make
common policies concerning the members’ economies,
societies, laws and to some extent security.
The formal history of the EU began on November 1st 1993
when the Maastricht Treaty was signed. But in fact this geo-

235
political entity was a result of gradual integration since 1945.
Europe’s post war nations weren’t just after peace, they were
also after solutions to economic problems. There were efforts
undertaken to forge political union through increasing
economic development and cooperation. In 1951 the first Treaty
to form an area of free trade for several key resources was
signed in Paris. It was the European Coal and Steel Community
(ECSU). In order to manage the ECSU a group of
supranational bodies were created: a Council of Ministers, a
Common Assembly, a High Authority and a Court of Justice, all
to legislate, develop ideas and resolve disputes. In 1967 the
European Community was formed and as it expanded the EU
worked to strengthen the economic ties between its members.
The largest step towards true economic integration was taken
with the ratification of the Maastricht Treaty.
The EU originally had 12 member nations, it has enlarged
since its creation and now there are 28 member nations in the
EU. The EU has 4 administrative bodies: the Council of
Ministers decides matters involving relations between member
states, the European Commission serves as the executive
organization of the EU, the European Parliament is a forum for
the discussion of issues of interest to the individual member
states, but it has no power to create or implement legislation
and the Court of Justice whose function is to interpret the EU
laws and regulations, and its decisions are binding on the EU,
its member governments and firms and individuals in the EU
member states.
The EU has made remarkable progress during its first two
decades. Although there are significant obstacles in the way of
further strengthening of the EU, especially in political matters.

Abridged and adapted from www.eupopeanhistory.about.com

236
Exercise 11. Find the following numbers in the text. What do
they refer to?

x 28…………………………………………………………
x 12…………………………………………………………
x 1945………………………………………………………
x 1993………………………………………………………
x 1951………………………………………………………
x 1967………………………………………………………
x 4………………………………………………………….

Exercise 12. Match the verbs (1-7) with the nouns (a-g) they
collocate with in the text.

forge (economic) ties

resolve legislation
strengthen a treaty
implement laws and regulations
ratify progress
interpret (political) union
make disputes

Language in use: The sequence of tenses

The sequence of tenses is a certain dependence of the tense of
the verb in a subordinate clause on that of the verb in the
principle clause: if the verb in the principle clause is in one of
the past tenses, a past tense (Past Simple, Past Continuous, Past
Perfect or Future in the Past) must be used in the subordinate
clause.
If the past action expressed in the subordinate clause is
simultaneous with that expressed in the principle clause, the

237
Past Simple or Past Continuous is used in the subordinate
clause:
x Parties to the Treaty declared that they were ready to
consider some urgent steps to resolve the problem.
x Member states of the new Union informed that they were
creating some supranational bodies at the moment.

If the past action expressed in the subordinate clause is prior

to that expressed in the principle clause, the Past Perfect is
used in the subordinate clause:
x The speaker announced that 15 states had joined the Union
since the date of its creation.

If the action expressed in the subordinate clause is posterior

to that of the principle clause, the Future in the Past is used:
x It was obvious for all member state that ratification of the
new Treaty would help to form an area of free trade.

Exercise 13. Use the sequence of tenses and put the verbs in
brackets into the correct tense.

1. Member states claimed that they ……………..(to take

efforts) to increase economic development and cooperation
during the last decade.
2. The European Coal and Steel Community stated in its Charter
that country founders……………… (to form) an area of free
trade for several key resources.
3. Many analysts considered that gradual integration since 1945
………….. (to result) in the Maastricht Treaty ratified by 12
nations in 1993.

238
4. It was announced that UN Peacekeeping Forces …………..
(not to interfere) into the armed conflict in that African
country.
5. The Nobel Prize Committee reported that in 1988 the Nobel
Peace Prize …………… (to be given) to the UN Security
Council for its role in establishing peace in the World by the
means of resolution of conflicts.
6. Critics thought that unfortunately the UN ………….. (to
demonstrate) its ineffectiveness in protecting human rights in
the Rwanda genocide and the Darfur region of Sudan.
7. The participants of the dispute argued that violation of human
rights according to the International Law ……….. (to be
viewed) by some nations as acceptable actions or punishment
prescribed by religion.

ƒ What is the U.N.?

Reading 4. United Nations Organization

The United Nations or the UN is an international organization
established in 1945 and now made up of 193 states. The UN
Charter serves as the orgasnization’s constitution that is a
multilateral treaty signed by China, France, the Soviet Union,
the United Kingdom and the USA and other 46 countries in
1945. The UN Charter contains a supremacy clause that makes
it the highest authority of international law. The clause states
that the UN Charter shall prevail in the event of a conflict
between the obligations of the members of the UN under the
present Charter and their obligations under any other
international agreement (art. 103).

239
 The six principal organs of the United Nations are the
General Assembly, the Security Council, the Economic and
Social Council, the International Court of Justice, the
Secretariat, the Trusteeship Council.
The General Assembly and the Security Council are the
components that are most involved in lawmaking and legislative
activities. But their authority varies greatly. Although the
General Assembly lacks formal legislative authority to adopt
resolutions binding on its members, it is highly active in
making and developing international law. Within this context,
the General Assembly has originated much of the existing
international legislation, and some of its resolutions are now
accepted as customary international law, such as the Universal
Declaration of Human Rights. Thus, resolutions adopted by the
General Assembly are considered non-binding, they have legal
character and contribute significantly to the development of
international law.
The Security Council, on the other hand, has the authority to
adopt binding decisions, and non-compliance with these
decisions constitutes a violation of the UN Charter. However,
this does not give the Security Council a general lawmaking
authority as its Subject Matter Jurisdiction is limited to concerns
of international peace and security (art.2(3); art.33(1).
In some cases the Security Council fails to exercise its
responsibility for maintaining international peace and security.
The General Assembly or the Security Council may make
appropriate recommendations and may authorize the treat of
economic sanctions or the use of armed forces to maintain or
restore international peace and security.
The UN Peacekeeping Forces may function either as
unarmed observer forces, or armed military forces. Their
presence in the area of conflict is intended as an incentive to
prevent or reduce the level of conflict and enforce the terms of
peace agreement. The UN doesn’t maintain any independent

240
military. All UN peacekeeping operations must be approved by
the Security Council.
The UN together with other international organizations such
as the Red Cross provides food and drinking water, shelter and
other humanitarian services to inhabitants suffering from
famine, displaced by war, or suffering from other disaster.
The six official languages of the UN are Chinese, English,
French, Russian, Spanish and Arabic. All formal meetings are
interpreted in these languages. Additionally, all official
documents, in print or online, are translated into all six
languages.

Abridged and adapted from www.hubpages.com;

www.legal-dictionary.thefreedictionary.com

Exercise 14. Answer the questions based on the text.

1. When was the UN established?

2. Which countries signed the UN Charter?
3. What makes the UN Charter the highest authority in
international law?
4. How many principal organs are there in the UN? What are
they?
5. Which UN organs are most involved in lawmaking activity?
6. What character do the General Assembly resolutions have?
7. What limits the Security Council’s Subject Matter
Jurisdiction?
8. When may the UN Peacekeeping Forces be used?
9. What are the functions of the UN Peacekeeping Forces in
the area of conflict?
10. What are the official languages of the UN?

241
Exercise 15. Use a dictionary to find out what the following
abbreviations stand for. Translate the full names of the
international organizations into Russian.

1. WTO ________________________________________
2. IMF _________________________________________
3. IFA _________________________________________
4. IAEA ________________________________________
5. UPU ________________________________________
6. UNDP _______________________________________
7. ITU _________________________________________
8. WIPO________________________________________
9. IMO _________________________________________
10. ICAO________________________________________
11. WMO _______________________________________
12. UNIDO ___________________________________

Exercise 16. Define, which international organization is

described below.
IMF UNDP IFA UPU ICAO WMO UNIDO WTO

IAEA ITU IMO WIPO

x …………… facilitates international monetary co-operation

and financial stability.
x …………… sets international standards for the safety,
security and efficiency of air transport.
x …………… establishes international regulations for postal
services.
x ………….. fosters international co-operation to improve
telecommunications of all kinds, co-ordinates usage of radio
and TV frequencies.

242
x …………… promotes scientific research on the Earth’s
atmosphere and on climate change.
x …………… works to improve international shipping
procedures, raise standards in marine safety.
x …………… promotes international protection of intellectual
property.
x …………… mobilises financial resources to raise food
production and nutrition levels among the poor in developing
countries.
x …………… promotes the industrial advancement of
developing countries through technical assistance, advisory
services and training.
x …………… works for the safe and peaceful uses of atomic
energy.
x ……………. administers the Technical Barriers to Trade
Agreement and the Code of Good Practice for
Standardisation.

Exercise 17. Discuss these questions before you read the

article.
1. Why do you think the Universal Declaration of Human Rights
came into existence shortly after the Second World War?
2. Are human rights only a problem in non-democratic
countries?

Exercise 18. Read the article and answer these questions.

1. What is the UDHR?
2. When was the UDHR adopted by the United Nations?
3. Which rights does the Declaration guarantee?

243

ƒ What rights does The Universal Declaration of Human
Rights guarantee?

Reading 5. Universal Declaration of

Human Rights

The Universal Declaration of Human Rights (UDHR) is a

milestone document in the history of human rights. It was
drafted by representatives with different legal and cultural
backgrounds from all regions of the world. The General
Assembly resolution 217A was adopted on 10 December 1948.
There are 30 articles in the Universal Declaration of Human
Rights. The UDHR defines and enumerates the fundamental
human rights that the United Nations seeks to protect. Among
those are freedom from systematic governmental acts and
policies involving torture, slavery, murder, prolonged
arbitrary detention, disappearance and racial discrimination.
The Declaration guarantees the right to life; to equal
protection of the law; to free speech, assembly and
movement; privacy; work; education; health and care and
participation in cultural life of community. Although the UDHR
is not a binding instrument of international law, under Articles
55 and 56 of the UN Charter member states have an obligation
to promote these rights.

Abridged and adapted from www. hubpages.com

www. legal-dictionary.thefreedictionary.com

Exercise 19. Use these words or phrases from the article to

answer the questions below.

244
 milestone torture obligation declaration
human rights discrimination

Which word or phrase:

1. refers to the practice of unfairly treating a person or group of
people differently from other people or groups of people?
…………………..
2. means something that causes agony or pain? ……………….
3. do you usually use when you speak about the right to life,
education, work, etc.? ……………………….
4. refers to something very important? …………………………
5. means something that you must do because of a law, rule,
promise, etc.? ………………….
6. a formal expression of opinion, will, or intent voted by an
official body or assembled group? …………………………

Exercise 20. Read, translate and discuss some articles of the

UDHR.

Article 1.
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in spirit of brotherhood.
…….
Article 6.
Everyone has the right to recognition everywhere as a person
before the law.
Article7.
All are equal before the law and entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitements to such discrimination.

245
Article 8.
Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination of
his rights and obligations and of any criminal charge against
him.
Article 11.
(1) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
(2) No one shall be held guilty of any penal offence on account
of any act or omission committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time the penal
offence was committed.

www.un.org/en/universal-declaration-human-rights/index.html

Exersice 21. Do the International Law quiz.

1. What is international law?

a. the universal system of rules and principles concerning the
relations between sovereign States, and relations between
States and international organisations such as the United
Nations.
b. an area of civil law concerned with legal rights and remedies
resulting from agreements between individuals or companies.
c. is an area of law which regulates public conduct and sets out
duties owed to society.

246
2. Which areas are not covered by international law?
a. telecommunications, postal services and transportation;
b. international economic law;
c. international crimes and extradition;
d. human rights and refugee protection;
f. the use of armed force by States and non-State actors;
g. counter-terrorism regulation;
h. civil wrongs.

3. What are the basic sources of international law?

a. international conventions and treaties
b. international custom as evidence of general practice(s)
accepted by States as law;
c. the US constitution;
d. general principles of law;
e. judicial decisions and the teachings of highly qualified
publicists of various nations.

4. How many states are the members of the United Nations

Organization?
a. 25;
b. 150;
c. 193.

5. The UDHR defines and enumerates:

a. international legislation;
b. the fundamental human rights;
c. free trade areas.

247
 Revision
1. What is International Law concerned with?
2. What countries may be the subject of International Law?
3. How does Public international law differ from Private
international law?
4. What are the sources of Private international law?
5. What is Supranational law?
6. What international institutions and intergovernmental
organiztions are known as principal instruments for
developing and enforcing Public international law?
7. What supranational bodies do you know? What are they
targeted at?
8. How many countries are members of the UN?
9. What are the authorities of the UN General Assembly
and Security Council?
10. What is the milestone document in the history of human
rights? Why? What does it declare?

248
 TEXT BANK: Read and Discuss

Law and Values

Laws generally reflect and promote a society’s values. Our
legal system is influenced by our society’s traditional ideas of
right and wrong. For example, laws against murder reflect the
moral belief that killing another person is wrong. However, not
everything that is immoral is also illegal. For example, lying to a
friend may be immoral but is usually not illegal. We expect our
legal system to achieve many goals. These include:
• protecting basic human rights,
• promoting fairness,
• helping resolve conflicts,
• promoting order and stability,
• promoting desirable social and economic behaviour,
• representing the will of the majority, and
• protecting the rights of minorities.
Many of society’s most difficult problems involve conflicts
among these goals. For example, some laws give preference to
minorities. Critics of these laws argue that they promote reverse
discrimination and racial conflict. Proponents of such laws,
however, argue that they make up for past discrimination and
promote fairness by leveling an uneven playing field in society
today. Achieving the goals just listed while trying to minimize
conflict is a difficult task for our legal system.
Laws must balance rights with responsibilities, the will of the
majority with the rights of the minority, and the need for order
with the need for basic human rights. Reasonable people
sometimes disagree over how the law can protect the rights of
some without violating the rights of others. However, everyone
must remember that laws are intended to protect people and
resolve conflicts in everyday life.
Adapted from Street Law by Lee P. Arbetman

249
 Why study Law?
Law is a subject where you can develop a range of skills and
explore many aspects of human life. Studying Law as an
undergraduate gives you the chance to sharpen your mind,
strengthen your understanding and deepen your experience
across the full range of humanities and social sciences.
Law should therefore appeal to those who want to develop
both abstract thinking and practical problem-solving. And it's
easy to see why you don't have to become a lawyer just because
you've done a Law degree; many choose not to. A Law degree
can give you the skills to be a successful lawyer, but also a
successful producer, politician, manager, journalist, police
officer or almost any other profession that requires intellectual
strength combined with a practical approach to the world.
A Law degree has a number of advantages. Law students
acquire both breadth and depth of legal knowledge. They will
typically have covered 14 subjects during their Law degree and
can appreciate the bigger picture of how law fits together, how
law relates to other subjects such as legal history, criminology
and philosophy.
A Law degree gives students the possibility to learn to talk
about law simply and effectively, rather than fall into the
stereotypes of legal language.
Law students acquire other skills as well. For example, many
participate in mooting competitions, where they can develop
skills in making oral presentations. Many participate in pro bono
societies where they can give legal advice and support to real
people with real problems. Such skills prepare students not only
for careers as lawyers but also for diverse careers in politics-
related fields, such as government, international organisations,
the voluntary sector, and in business.
Adapted from http://www.trin.cam.ac.uk

250
 Pursuing a Career in Law
If you are considering law school, you are taking the first step
toward a potentially rewarding career in the legal profession. A
legal education can be one of the most challenging and
fulfilling. There are many potential reasons one may choose to
attend law school. Learning the skills of a lawyer and then using
them in practice is the most common reason.
However, some may simply be interested in the complexities
of the law and want to learn more about it. Still others are
motivated to enter law school to introduce change through
government, interest groups, or other non-profit organizations.
Like any other profession, not all lawyers are rich and
successful. However, the legal profession is generally rewarding
both personally and financially. A person with a background in
legal education may not only practice law, but turn to other
fields such as teaching, business, and advocacy.
Lawyers must be able to examine legal issues, while keeping
in mind the constantly changing law and legal system. They also
must be able to advocate diverse interests. This also means
advocating interests with which they may not personally agree.
Lawyers must have skills to communicate effectively, verbally
and in writing. At the same time, successful attorneys must have
the ability to effectively persuade and negotiate.
Practicing attorneys, therefore, are intricately involved in
business dealings, political negotiations, and debating some of
the most difficult issues facing society. The work of an attorney
often involves avoiding and negotiating past conflict. In this
manner, the work of an attorney can be very interesting. You'll
find lawyers at work in the center of the biggest deals in
government, business, and the non-profit sector.

Adapted from http://www.umassd.edu

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 To Be or not to Be a Lawyer
So you think you want to a be a lawyer…well, it’s not as easy
or glamorous as popular television shows portray.
First and foremost, students can plan on studying for about 7.25
years: four years of undergraduate work, three more years for
law school, and then three long, hard months of studying for the
bar exam.
Consider what type of law you’re interested in and focus on a
degree in that particular field. Traditionally, liberal arts majors
are precursors to law school; however, business backgrounds
can be just as good.
It is important to obtain an undergrad degree but it is more
important to take college seriously and obtain a high GPA; the
higher the GPA, the more likely you are to be accepted to law
school.
Once in law school, there is an old saying: “the first year they
scare you to death, the second year they work you to death, and
the third year they bore you to death”. For the most part this is
true…all except for the third year. It is not necessarily boring.
Overall, most of a law student’s time is spent reading. For
every hour spent in class, one spends about two to three hours
outside of class studying. Obtaining high grades in law school is
very important, especially if you want job offers. The better
your rank within the class, the better job opportunities you will
get.
There are many job opportunities that a law degree can
provide, but there are two things that students should consider
before entering law school. First are the loans. Law school can
cost about $90,000. Second is that being a lawyer is not always
as glamorous or exciting as it appears in movies. Many attorneys
spend most of their time outside of the courtroom researching
and writing, not in high-profile trials.

Adapted from http://www.collegeview.com

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The Common Law and Civil Law Traditions
Most nations today follow one of two major legal traditions:
common law or civil law. The common law tradition emerged in
England during the Middle Ages and was applied within British
colonies across continents. The civil law tradition developed in
continental Europe at the same time and was applied in the
colonies of European imperial powers such as Spain and
Portugal. Civil law was also adopted in the nineteenth and
twentieth centuries by countries formerly possessing distinctive
legal traditions, such as Russia and Japan, that sought to reform
their legal systems in order to get economic and political power
similar to that of Western European nation-states.
Common law is generally uncodified. This means that there
is no comprehensive compilation of legal rules and statutes.
Common law is largely based on precedent, judicial decisions
that have already been made in similar cases. These precedents
are maintained over time through the records of the courts or
historically documented in collections of case law known as
yearbooks and reports. Common law functions as an adversarial
system, a contest between two opposing parties before a judge
who moderates. A jury of ordinary people without legal training
decides on the facts of the case. The judge then determines the
appropriate sentence based on the jury’s verdict.
Civil Law, in contrast, is codified. Countries with civil law
systems have comprehensive, continuously updated legal codes.
These codes specify the procedure and the appropriate
punishment for each offense. In a civil law system, the judge’s
role is to establish the facts of the case and to apply the
provisions of the applicable code. The judge works within a
framework established by a comprehensive, codified set of laws.
The judge’s decision is less crucial in shaping civil law than the
decisions of legislators and legal scholars who draft and
interpret the codes.
Adapted from www.law.berkeley.edu/library

253
 Human Rights
Human rights are the rights all people have simply because they
are human beings. To advocate human rights is to demand that
the dignity of all people be respected. Both government and
private individuals can violate human rights. Human rights
apply in people’s homes, schools, and workplaces. In fact they
apply everywhere. We have our human rights from the moment
we are born until the moment we die. The Universal Declaration
of Human Rights (UDHR) is a statement of basic human rights
and standards for government that has been agreed to by almost
every country in the world.
Human rights are standards that all countries can use when
writing laws. Sometimes human rights become law in a country
when the government signs an international treaty guaranteeing
such rights. Human rights also can become law if they are
included in a constitution or if the legislature of a country passes
laws protecting or guaranteeing these rights. Even though they
may not refer to them as “human rights,” there are many
provisions that protect human rights in the U.S. Constitution and
Bill of Rights and in federal, state, and local laws.
Many of the human rights documents—including the
Universal Declaration of Human Rights—mention cultural
rights, and it is widely accepted that all people have a right to
their own culture. But what does this right to culture mean when
culture comes into conflict with other universally accepted
human rights? For example, the practice of female infanticide,
or the killing of female babies, might be accepted in one culture,
but the world community condemns it as a violation of a human
right, the right to life. So cultural rights, like many other rights,
are not absolute.

Adapted from Street Law by Lee P. Arbetman

254
 U.S. Constitutional Framework
The U.S. Constitution is the highest law of the land. Drafted
more than two hundred years ago, this document is the longest-
lasting written constitution in the world. It sets forth the basic
framework of the government. It also lists the government’s
powers, the limits on those powers, and the people’s freedoms
that cannot be taken away by the government.
The principle of limited government is a fundamental notion
in U.S. Constitution. Before the U.S. Constitution was written
and ratified, the individual states were reluctant to give up
power to the national government. After revolution against the
government of the king of England the Constitution created a
national government of limited powers, with authority to pass
laws only in the areas listed in Article I of the Constitution.
Those who criticise the reach of the federal government’s power
today often cite these historic reasons for limiting its power.
Perhaps nothing is more important in the Constitution than
the division of power among the three branches of the federal
government: the executive, the legislative, and the judicial. This
division is known as the separation of powers.
The executive branch, which includes the president and
federal agencies, is primarily responsible for enforcing the law.
However, the executive branch often issues rules and executive
orders that have the force of law. The legislative branch, or
Congress, uses lawmaking power when it passes laws, or
statutes. The judicial branch, or the courts, clarifies and in some
instances establishes laws through its rulings.
The three branches of the federal government are
independent, but each has the power to restrain the other
branches through a system of checks and balances. The system
was designed to prevent one branch from becoming too
powerful and abusing its power.
Adapted from Street Law by Lee P. Arbetman

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 First Amendment
The first amendment of the Constitution of the United States
protects the right to freedom of religion and freedom of
expression from government interference. Freedom of
expression consists of the rights to freedom of speech, press,
assembly and to petition the government.
Two clauses in the First Amendment guarantee freedom of
religion. The establishment clause prohibits the government
from passing legislation to establish an official religion or
preferring one religion over another. It enforces the "separation
of church and state." The free exercise clause prohibits the
government from interfering with a person's practice of their
religion.
The most basic component of freedom of expression is the
right of freedom of speech. The right to freedom of speech
allows individuals to express themselves without interference or
constraint by the government. Despite popular misunderstanding
the right to freedom of the press guaranteed by the first
amendment is not very different from the right to freedom of
speech. It allows an individual to express themselves through
publication and dissemination. It is part of the constitutional
protection of freedom of expression. It does not afford members
of the media any special rights or privileges not afforded to
citizens in general.
The right to assemble allows people to gather for peaceful
and lawful purposes. The right to petition the government allow
people to join together and seek change from the government.

Adapted from https://www.law.cornell.edu

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 What is a Frivolous Lawsuit?
A frivolous lawsuit refers to a lawsuit that is brought without
justification and has no merit. In order for a suit to be considered
frivolous under the law, generally there must be no legal
grounds for such a suit.
Some people believe that a frivolous lawsuit refers to any
silly lawsuit. In general, however, frivolous lawsuits in the eyes
of the law mean something more specific. Even if a lawsuit is
silly, it does not necessarily mean it is without legal merit.
When a plaintiff files papers, he must list the facts
surrounding the litigation. He must also list the legal grounds, in
other words, what law or legal duty was breached. Finally, he
must list the damages he suffered. The court uses this to
determine whether there is a potential legal question and
whether it is possible that some duty or law was breached.
If the facts cannot possibly add up to a breach of legal duty, or if
there are no legal grounds for a lawsuit, the claim may be
considered a frivolous lawsuit. The plaintiff may file frivolous
lawsuits for any number of reasons. The plaintiff may wish to
harass the defendant or may truly believe that he has grounds for
the suit.
If a defendant is the subject of a frivolous lawsuit, he may be
able to sue the other party for the tort of malicious prosecution.
In order to win such a case, however, the defendant would need
to demonstrate not just that the plaintiff's lawsuit was a frivolous
lawsuit and without merit, but also that the plaintiff knew it was
frivolous and filed it anyway out of malicious intent.

Adapted from http://www.wisegeek.com

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 The Trial
Most lawsuits never go to trial. The parties settle their dispute
or simply drop the case. Often, the outcome of a pretrial motion
resolves the case or encourages one of the parties to settle. If a
case does go to trial, it’s usually because the parties disagree so
much about the underlying facts that they need a judge to decide
whose version is correct.
Trials involve a set of rituals that are supposed to ferret out
the truth. The biggest determinant of what happens in a trial is
whether it is a trial by jury or a trial by judge. Many of the rules
governing trial procedure are aimed at producing an impartial
jury and making sure that the jury doesn’t receive evidence that
is unreliable in some fundamental way. Judges, on the other
hand, are presumed to be able to act impartially and tell reliable
evidence from unreliable evidence.
Jury trials begin with the selection of the jury. The judge and
lawyers for both sides question potential jurors about their
knowledge of the case and possible biases relating to their
clients and the important issues in the case. This process is
called “voir dire.”
Once a jury is selected, the attorneys address the jury in
opening statements that outline what they expect to show in the
upcoming trial. Then the plaintiff begins, offering testimony
from witnesses and information in documents to establish a
version of events. The testimony and documents are then subject
to challenge by the defendant through a process called “cross-
examination.” Once the plaintiff’s case is presented, the
defendant has the opportunity to present a defense, subject to the
plaintiff’s cross-examination. Commonly, the plaintiff gets the
last shot (called a “rebuttal”) in an opportunity to answer the
defendant’s case.

Adapted from Legal Research by Stephen Elias

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 SUPPLEMENTARY GRAMMAR
EXERCISES

Passive Voice
Exercise 1. Complete the sentences with the present simple
passive.
1. Some cases ………. or even …………… until another date
for various reasons. (delay, put off)
2. The prosecution team …….. by William Brian. (lead)
3. Law ……….. one of the most challenging fields. (consider)
4. Today briefs and motions …………. on a computer (draft,
revise and file)
5. Many intentional torts ……….as both criminal and civil acts.
(classify)
6. If the defendant in a civil lawsuit loses, he …………to pay
the injured party monetary damages. (order)
7. Most attorneys in private practice ………….by small law
firms. (employ)

Exercise 2. Put the verbs in brackets into the present simple

active or passive.
Legal ethics ……… (require) the legal professionals to be
ethical. They ………. (not recommend) to take part in a case
involving conflicts of interest. They …….. (not allow) to reveal
confidential information and they ………… (require) to
cooperate with each other. Legal ethics ………. (prescribe)
advocates to make fair deals with the clients and opponents.

Exercise 3. Turn the following questions into the passive.

1. Do lawyers draft contracts? ………………………..

2. Do barristers cross-examine ………………………..

259
witnesses?
3. Do barristers or solicitors ………………………..
represent clients in higher
court?
4. Does a paralegal give legal ………………………..
advice to a client?

Exercise 4. Use the present continuous passive to complete

the sentences.

1. The defendant ………………. of an intentional tort.

(accuse)
2. Careers in law ………. highly……… at the moment (pay)
3. LSAT ……………. by many students now. (take)
4. Some solicitors of the firm …………….. on extra training
courses (send).
5. Not many women …………. to become partners in their
law firms. (promote)
6. Steps …………………… to address the discrimination
problems in legal professions. (take)
7. Special grants …………. to disabled students who want to
become lawyers. (give)
8. Currently, most legal services …………. to the public by
solicitors or by barristers (deliver).
9. Nowadays a great deal of the work in solicitor firms
………….by paralegals rather than solicitors themselves.
(do)

Exercise 5. Rewrite the sentences in the future simple

passive.

a. Barristers will spend more of their time in court.

…………………………………………………………………...
b. Different factors will influence changes in legal professions.

260
…………………………………………………………………...
c. The judge will ask you to take an oath before giving
evidence. …………………………………………………….
d. Paralegals will help lawyers prepare for cases.
…………………………………………………………………...
e. Paralegals will draft routine legal documents.
…………………………………………………………………..
Exercise 6. Turn the following questions into the passive.

7. Will his lawyer represent him in court? …………………….

8. Is his friend drafting a contract? ………………………….…
9. Do they take fee for their services?………………………….
10. Is the police officer asking him any questions? ……………..
11. Will the judge dismiss the case? …………………………….
12. Does he review patents? …………………………………….

Exercise 7. Use the active or passive future simple form of

the verbs in brackets to complete the sentences.

What will the legal profession look like in 20 years?

Specialist lawyers……..actually (carry out) the litigation or

transaction work. All filing with courts and government
agencies …………… (do) electronically. Documents ……….
(exchange) in online portals or extranets. Meetings ……….
(hold) entirely by video conference.
With the globalisation of the economy, law firms …….
(develop) global connections. They………… (conduct) virtual
operations. Their attorneys ………. (work) remotely and ………
(connect) to a central office by fax, email, the Web and phone.
All services ………… (price) on a fixed-fee basis. Clients
………. (search) for lawyers using free online databases.

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Exercise 8. Correct the mistakes.

1. The client are being interviewed by the lawyer at the moment.

2. He is often being asked to help with paper work.
3. The contract will automatically renewed.
4. Does the contract being negotiated at the moment?
5. Why is he being criticise?
6. When the contract will be signed?

Exercise 9. Complete the sentences with the present perfect

active or passive form of the verbs in brackets.

1. The company …… already ………… (convict) of unfair

commercial practices.
2. Since April Google …………….. (investigate) by the EU
officials.
3. The number of women in the legal professions
……………(increase) dramatically since 1970s.
4. Much attention …………. (pay) to the lack of working-class
people, ethnic minorities and women in the legal profession.
5. High salaries in the legal profession ………recently……
(prove) by statistics.
6. ………. you ever ……… unfairly ………… (fire)?
7. ……….. you ever ……….. (wonder) what it takes to be a
lawyer?

Exercise 10. Rewrite the sentences in the present perfect

passive.

a. Have they already signed the contract?

…………………………………………………………………
b. She hasn’t completed her report yet.
…………………………………………………………………

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c. The court has recently awarded him 10 000$ in compensatory
damages. ……………………………………………………….
d. Toyota Motor Corp. has finally reached a settlement with the
plaintiffs. ………………………………………………………
e. She has already taken her LSAT test.
…………………………………………………………………...
f. Since 2015 foreign investors have filed more than 10 lawsuits
in federal court. …………………………………………………
g. Why has the judge dismissed this case?
…………………………………………………………………..

Exercise 11. Complete the second sentence so that it means

the same as the first. Use the past simple passive.

1. The court fined the San- The San-Francisco-based

Francisco-based company company ……………………
800 000$.
2. They accused the company The company …………………
of unfair competition.
3. The judge sentenced him to He ……………………………….
two years in prison.
4. The court found him in He ……………………………….
breach of contract.
5. The department store filed A breach of contract
a breach of contract complaint....................................
complaint.
6. The court considered the The matter ……………………...
matter.
7. His relatives filed a A wrongful death suit…….........
wrongful death suit against
Porsche.

Exercise 12. Put the verbs in brackets into the past simple
active or passive.

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When a son of a famous aviator Charles Lindbergh …………
(kidnap), people across the country ……….. (take notice). A
ransom note for $50 000 ………… (leave) in the boy’s room
and a ladder …………… (find) outside of the window.
Lindbergh …………. (allow) to take a mediator to negotiate
with the kidnapper. Some days later the mediator ……… (meet)
with the kidnapper and …………. (give) him $50 000 for
information. He ………… (tell) that the boy ……… (be) on the
boat in the New York harbour. But he ……….. never (find)
there. Then three months later the boy’s body …………
(discover) in the forest near the Lindbergh home. The police
……… (trace) the ransom money and ………… (arrest) Bruno
Richard Hauptmann. The jury ……… (find) him guilty and
though he never ………. (confess) he ……………. (electrocute)
on April 3, 1936.

Exercise 13. Rewrite the newspaper article using passive

forms of the underlined verbs.

Bank Robbery

Robbers held the director of the Bank of New York at

gunpoint last night. The criminals took almost $40 000 from the
bank safe. They also ordered the bank workers and clients to
give their personal money and jewelry. The robbers made their
escape through the roof. They injured the guard when he tried to
stop them. Police arrested the robbers early this morning.

___________________________________________________
___________________________________________________

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___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________

Exercise 14. Choose the correct verb form to complete the

sentence.

1. The Firm ……………. in 1991 by John Grisham.

a. is written b. has been written c. was written

2. More than 1.5 million copies of this legal thriller ………

between 1991 and 1993.
a. have been sold b. was sold c. were sold

3. Recently the book ……………………………… into a

movie.
a. has been made b. was made c. is made

4. Last month famous actors …………………….. to star in the

movie.
a. have been invited b. were invited c. are being invited

5. This week the film starring Tom Cruise …………….. in EU.

a. has been shown b. was shown c. was been shown

6. The film ……. never …………….. for the lack of clarity and
special effects.
a. has been criticized b. was criticized c. is being criticized

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7. The film ………………… while Grisham was at the height of
his popularity.
a. is released b. has been released c. was released

Exercise 15. Put the verbs in brackets into the present simple
/past simple / present perfect active or passive.

Interesting facts about the US Constitution

The United States Constitution………….. (sign) on September
17, 1787. Since then it …………….. (recognize) as a symbol of
freedom for Americans. Below are some little known facts about
the Constitution.
x It ………….. (have) 4,400 words, making it both the
shortest and oldest document of its kind.
x The document itself ………. (contain) many spelling errors,
including “Pensylvania”.
x It ……….. (take) one hundred days to complete the
Constitution.
The word “democracy” ………….. (not find) in the
Constitution even once.
x 11,000 amendments ………….. (propose), but only 27 of
them …………… (approved) by now.
x While the Constitution ………… (write) in English there is
some Latin in document.
x The meeting to discuss the Constitution ……….. (keep)
secret to avoid media attention.
x The Constitution ………… (write) in the Pennsylvania state
House where the Declaration of Independence ………
(sign).
x Since 1952, the Constitution …………… (keep) on display
in the National Archives Building in Washington, DC. It

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 ……… (preserve) in a case with argon gas and ……………
(keep) at 67 degrees Fahrenheit.
The Constitution ………(be) an extremely important part of the
U.S. history, but it also ……. (play) a very large part in the daily
lives of individuals knowing their rights and freedoms …….
clearly …… (define), (protect) and (empower) through a
fundamental document and democratic government system.

Exercise 16. Complete the sentences with the past perfect

passive form of the verbs in brackets.

1. When we arrived at the hotel we discovered that the wrong

room ………………. (reserve) for us.
2. We couldn’t have the larger room because it ……………
(give) to other guests.
3. We thought that our order ………………. (lose).
4. When I came out of the office I found that my car radio
…………. (steal).
5. He didn’t pass his LSAT exam as he ………… (not give)
full information on the format.
6. When I came home I saw that the window in the living room
…………… (break).

Exercise 17. Rewrite the part of the sentence in italics in the

past continuous passive.

x I couldn’t work at my office ______________________

that day as the construction ______________________
workers were refurbishing it. ______________________

x They were discussing your ______________________

case when I entered the room. ______________________

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 x He had a feeling that someone
was following him all the
time.
x She first met him when a
reporter was photographing
him for local newspaper.
x Did you understand that the
criminals were watching you?
______________________
______________________
______________________
______________________
______________________
______________________

Exercise 18. Put the verbs in brackets into the present simple
/past simple / present perfect / future simple passive.

Unusual laws around the world

x You …………… (forbid) to feed pigeons in St. Mark’s

Square, Venice. The act …………. (outlaw) some years ago
to reduce pigeon numbers and protect historic structures.
x It ……….. (ban) to run out of fuel on the autobahn in
Germany.
x In order to improve the image of the beach swearing ……….
(make) an offence in San Jose. If you …………. (catch)
foul-mouthing you ……………. (fine).
x It …………. recently…….. (ban) to wear high heels in the
Acropolis and other historic sites.
x In Japan it …………. (forbid) to be fat. A maximum
waistline of 80 cm. for men ………. (set) by lawmakers last
year.

268
Exercise 19. Translate the following sentences from Russian
into English.

 ɋɨɝɥɚɫɧɨ ɭɫɥɨɜɢɹɦ ɤɨɧɬɪɚɤɬɚ, ɬɨɜɚɪɵ ɛɭɞɭɬ ɞɨɫɬɚɜɥɟɧɵ

ɧɚ ɫɥɟɞɭɸɳɟɣ ɧɟɞɟɥɟ  Ʉɨɧɬɪɚɤɬ ɛɵɥ ɪɚɫɬɨɪɝɧɭɬ ɩɨ
ɫɨɝɥɚɲɟɧɢɸ ɫɬɨɪɨɧ  Ʉɨɧɬɪɚɤɬ ɛɵɥ ɩɨɞɩɢɫɚɧ ɫɟɝɨɞɧɹ 
ɋɪɨɤɢ ɩɨɫɬɚɜɤɢ ɨɛɨɪɭɞɨɜɚɧɢɹ ɟɳɟ ɧɟ ɨɛɫɭɠɞɚɥɢɫɶ 
Ɂɚɩɪɟɳɚɟɬɫɹ ɢɡɦɟɧɹɬɶ ɭɫɥɨɜɢɹ ɤɨɧɬɪɚɤɬɚ ɜ ɨɞɧɨɫɬɨɪɨɧɧɟɦ
ɩɨɪɹɞɤɟ  Ⱦɟɧɟɠɧɚɹ ɤɨɦɩɟɧɫɚɰɢɹ ɛɵɥɚ ɩɪɢɫɭɠɞɟɧɚ
ɩɨɫɬɪɚɞɚɜɲɟɣɫɬɨɪɨɧɟ

Modal Verbs

Exercise 1. Fill in the gaps with can or can't.

Young people wanted for competition.

…….you speak English? ……you write business letters?

…..you conclude contracts? ……you work overtime?
….provide us a copy of you Diploma in Law at our request?
Then you …….immediately call us. Whatever you do, you have
all the chances to become a famous lawyer one day.
You ……..enter the competition by phone or by email. We
will then invite the lucky people for the interview.
Please note: we ……..answer every e -mail or phone call, so if
you don’t hear from us in two weeks, it means we haven’t
chosen you this time.

Exercise 2. Fill in the gaps with can, can’t, could, couldn’t

269
 You …….. deny that modern technology has changed our
lives. With it, we ………do things now that we ……….do at all
a few years ago. For example, 20 years ago people………..do
sums with a calculator but today, modern computers
……….solve enormous mathematical problems in a few
seconds. And then, there’s the Internet. With the Internet you
…....send messages and if you have got a question, you
………use Wikipedia to find the answer.
10 years ago you ……only phone from a building or a
telephone box but now we ……….make a call wherever we are,
and previously you ……….only use telephones to make phone
call but now you ……….also take photos with them!
Another thing is music. A few years ago you………only listen
to your music collection at home but now, thanks to MP3 player,
you ………listen to it in the street or on the bus.
However, you ………enjoy the benefits of all modern devices
only if you have enough money to pay for them.

Exercise 3: Answer the following questions:

1. Can you read English books? 2. Can you translate legal

documents into Russian? 3. What dishes can you cook? 4. Could
you read when you were four years old? 5. Can you use the
Internet? 6. Could you swim when you were a child? 7. Can you
do business? 8. Can you steal something from a shop? 9. Can
you tell a forgery from the original? 10. Can you translate the
word combination “assignment of rights” into Russian?

Exercise 4. Change the following sentences into: a) negative;

b) interrogative.

1. She can put the Civil Code on my shelf. 2. David could paint
amazing pictures when he was very young. 3. You must leave
the court -room immediately. 4. Mr. Taylor should visit the law

270
clinic. 5. The injured party may ask for compensation. 6. The
duties must be delegated. 7. He can translate agreements without
a dictionary. 8. Monetary damages can be awarded in this case.
9. The agreement should be signed tomorrow. 10. Mr. Dereck
might file a lawsuit.

Exercise 5. Practice answers to the questions according to

the model:

Model 1. Must I do this work now? (do tomorrow)

a) Yes, you must. b) I am afraid you must.
c) No, you needn’t. You may do it tomorrow.

1. Must I submit the documets today? (submit on Wednesday).

2. Must she pay all the money now? (pay only part of the sum).
3. Must I accept his offer? (think till next week). 4. Must we
take a credit? (lend you some money)

Model 2. May I wait for him here?

1. a) Yes, you may. b) All right, of course, you may/can.
2. a) No, you can’t. b) I am afraid you can’t.

1. May I smoke here? 2. May we enter the court-room now?

3. May she phone her lawyer? 4. May we register our office in
the offshore zone?

Model 3. Mike can speak English and what about you?

a) I can speak English too.
b) I can’t. I can’t speak English (at all)

1. Roger can buy a Bently and what about you? 2. I can translate
political articles without a dictionary and what about you? 3.
They can repay the loan in a year and what about you? 4. He can

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easily shoplift a bar of chocolate from a supermarket and what
about you?

Exercise 6. Complete the following sentences according to

the model.

Model: If she helps us, we (finish the work much earlier)

If she helps us, we will be able to finish the work much
earlier.

1. If you buy shares in our company (get a good profit in a year).

2. If they fail to fulfill their obligations under the contract (sue
them for damages). 3. If Mrs. Blake transfers her rights to land
(she not sell it). 4. If a new sales agreement is concluded next
Monday (we deliver goods on Wednesday). 5. If you refuse to
follow the instructions (we not do this in the right way) 6. If you
vote for Mr. Dereck, (solve all our problems).

Exercise 7: Practice the following according to the model:

Model: Can you speak English? (by the end of the year)
Not yet, but I will be able to by the end of the year.

1. Can you hand in your term papers? (by the 15 of May) 2. Can
you translate the terms and conditions of this agreement? (in
two years). 3. Can you tell me the difference between an offer
and a counter-offer? (graduate from the university). 4. Can you
tell me what is on the agenda today? ( in 5 minutes). 5. Can you
tell me the dollar exchange rate at the Stock Exchange? (when I
watch the RBK news). 6. Can you do this exercise alone? (when
I have a little more practice in English)

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Exercise 8. Fill in the gaps with one of the following modal
verbs: can, could, may, might, must, should.

1. Visitors ……..leave their bags in the cloakroom. 2. That film

……..be interesting, but I’m not sure. 3. You ………..learn a
few phrases in the language. Local people like that. 4. My
brother ………play football really well. 5. ………you meet me
here at nine o’clock on Saturday? 6. All of us ……..obey these
rules. 7. Students …..…..not take food into the exam room. 8.
You ………..trespass here. 9. Everyone ………learn another
language. 10. You ………always keep your money in a safe
place. 11. Make sure you know the local laws. For example, in
some countries you ……….carry you passport and driving
licence with you when you are driving. 12. He ……….sign this
contract, but I am not sure.

Exercise 9. Open the brackets using the Passive voice.

1. Concert tickets ………….on the Internet. (can/ buy). 2. All

electronic devices……….. during take off and landing. (must/
switch off). 3. Mobile phones ……………(may not/ use). 4.
Dangerous items …………on board. (should not/ take). 5. All
passports …………at the desk. (must/ show). 6. This credit card
………….outside the Russian Federation. (cannot/ use). 7.
Requests for tickets …………to our office in Berlin. (should/
send). 8. This silk dress………….at 30 degrees. (must/ wash). 9.
The application form …………in block letters.(must/ complete).
10. The last provision ……….. (can/ amend). 11. He
………..guilty this time. (should/ find).
12. The wrongdoers……….. always …………… (must/ punish)

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Exercise 10. Open the brackets using the Passive or Active
voice.

1. He …………..of kidnapping (may/accuse). 2. You

………..for a year in Britain with an international licence.
(can/drive). 3. She …………..probation. (should/put on). 4. Ann
………….a solicitor soon, but nobody knows for sure.
(might/become). 5. The lecturer was speaking about the
advantages of a corporation but I ……………. the advantages
clearly. (couldn't/understand). 6. They ………..guilty beyond
any reasonable doubt. (must/find). 7. You …………at the
general meeting if you don’t have shares in the company.
(cannot/vote). 8. Both parties to the agreement ……………it to
be legally binding. (should/sign). 9. Under these regulations she
………….any name she likes for her new established firm
(may/choose). 10. Third parties……………at this annual
meeting of the shareholders’. (may not/ be present). 11. The
shareholders ……………..for the debts of the company. (may/
not be liable). 12. You ………….. anyone what I told you.
(must not/tell).

Exercise 11. Translate the following sentences into English.

Ɉɞɧɚɫɬɨɪɨɧɚɞɨɝɨɜɨɪɚɦɨɠɟɬɩɟɪɟɞɚɬɶɫɜɨɢɩɪɚɜɚɞɪɭɝɨɣ
ɫɬɨɪɨɧɟɆɨɝɭɥɢɹɩɨɞɚɬɶɞɨɤɭɦɟɧɬɵɡɚɜɬɪɚ"–Ȼɨɸɫɶɱɬɨ
ɧɟɬ  ȼɵ ɞɨɥɠɧɵ ɜɫɟɝɞɚ ɫɨɛɥɸɞɚɬɶ ɩɪɚɜɢɥɚ ɞɨɪɨɠɧɨɝɨ
ɞɜɢɠɟɧɢɹtraffic rulesɌɟɛɟɧɟɫɥɟɞɭɟɬɡɚɤɥɸɱɚɬɶɞɨɝɨɜɨɪ
ɫ ɷɬɨɣ ɮɢɪɦɨɣ  Ɇɨɣ ɦɭɠ ɦɨɠɟɬ ɩɨɦɨɱɶ ɜɚɦ ɩɟɪɟɜɟɫɬɢ
ɞɨɝɨɜɨɪȼɚɦɤɚɬɟɝɨɪɢɱɟɫɤɢɡɚɩɪɟɳɟɧɨɩɪɢɫɭɬɫɬɜɨɜɚɬɶɧɚ
ɫɨɛɪɚɧɢɢ  Ɉɧ ɦɨɠɟɬ ɛɵɬɶ ɨɛɜɢɧɺɧ ɜ ɦɨɲɟɧɧɢɱɟɫɬɜɟ  
Ⱦɜɚ ɝɨɞɚ ɧɚɡɚɞ ɦɵ ɧɟ ɦɨɝɥɢ ɡɚɤɥɸɱɢɬɶ ɫ ɧɢɦ ɞɨɝɨɜɨɪ ɚ
ɫɟɣɱɚɫ ɦɨɠɟɦ   Ⱦɨɥɠɟɧ ɥɢ ɹ ɩɪɨɱɢɬɚɬɶ ɭɫɬɚɜ ɤɨɦɩɚɧɢɢ
ɫɟɝɨɞɧɹ"–ɇɟɬɧɟɧɭɠɧɨȼɵɦɨɠɟɬɟɫɞɟɥɚɬɶɷɬɨɤɨɝɞɚȼɚɦ

274
 ɛɭɞɟɬ ɭɞɨɛɧɨ  Ɋɟɦɧɢ ɛɟɡɨɩɚɫɧɨɫɬɢ ɞɨɥɠɧɵ ɛɵɬɶ ɜɫɟɝɞɚ
ɩɪɢɫɬɺɝɧɭɬɵ  ȼɫɟ ɡɚɹɜɥɟɧɢɹ ɫɥɟɞɭɟɬ ɨɬɩɪɚɜɥɹɬɶ ɧɚ
ɫɥɟɞɭɸɳɢɣ ɷɥɟɤɬɪɨɧɧɵɣ ɚɞɪɟɫ  Ɇɨɝ ɛɵ ɬɵ ɜɵɫɬɭɩɢɬɶ ɜ
ɫɭɞɟɜɫɪɟɞɭ"

Exercise 12. Translate the following sentences into Russian.

1. You shouldn’t have brought the case to court. 2. He must

have filed a lawsuit. 3. They couldn’t have terminated the
agreement. 4. Could they have accepted his offer? 5. You
should have sent me the e-mail. 6. You should have studied the
company law thoroughly. 7. The shares might have gone down,
but I am not sure. 8. They may set up a company soon.

Exercise 13. Practice the following according to the model.

Model 1. : It is Mr. Blake. - Can it be Mr. Blake?

-It can’t be Mr. Blake. He is on business.

1. This meeting is very important. 2. She is our CEO. 3. He is a

murderer. 4. It’s our last case for today. 5. China is also a party
to this agreement. 6. The contract is terminated.

Model 2: He phoned her yesterday.

-He couldn’t have phoned her yesterday. He doesn’t
know her phone number.

1. They concluded the agreement last week. 2. All constitutional

documents were filed a month ago. 3. The contract was legally
binding. 4. The company incurred great losses. 5. The share
price went up at the Stock Exchange. 6. She was appointed to a
new post.

Model 3: a) He smokes too much. He shouldn’t smoke so much.

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 b) He doesn’t work hard enough. She should work
harder.

1. She often punishes her son for no reason at all. 2. You don’t
study public law at all. 3. He doesn’t know the customs of his
own country. 4. They often quarrel about the terms of sales
agreements. 5. He doesn’t want to accept his offer. 6. This issue
always causes a lot of disputes.

Model 4: a) He didn’t take part in the discussion. He should

have taken part in the discussion.
b) She allowed him to go out too early after his illness.
She shouldn’t have allowed him to go out so early after his
illness.

1. He committed a crime. 2. They didn’t look through the

contract terms. 3. They terminated the contract. 4. The court
awarded him monetary damages. 5. Unfortunately she didn’t
suffer penalty. 6. She didn’t study civil law properly.

Exercise 14. Choose the correct answer a, b or c below.

- Did you read about the ‘man with no name’ in the paper?
-No, what was the story?
-The police found this very confused man walking on the beach.
He (1)…………remember his name or where he was from.
-He (2)..………a car accident or something.
-No, he (3)..………. . He doesn’t have any injuries.
-Well, he (4)………….suffering from some sort of memory
loss.
-Maybe. But he seemed to be quite healthy.

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-What about his personal possessions? He (5).……….a wallet or
something.
-No, he wasn’t carrying anything.
-They (6) ……………stolen by someone.
-I suppose so. But the police don’t seem to think that was the
case.
-How strange. (7).…………an illegal immigrant?
-No. He (8)………… . he spoke to the police in fluent English,
with a local accent.
-Don’t the police have any idea who he is? I mean, they
(9)………….looked at their missing persons records.
-Yes, but they didn’t find a match. It’s a real mystery……

1. a. couldn’t have b. couldn’t c. must

2. a. must have had b. must have c. might have been
3. a. could have b. might have c. couldn’t have
4. a. must have b. might have been c. can’t have been
5. a. must have had b. shouldn’t have c. couldn’t have had
6. a. could being b. must to be c. might have been
7. a. Could he have been b. Might be he c. Could he being
8. a. shouldn’t have been b. should be c. can’t have been
9. a. mightn’t have been b. must have c. shouldn’t have

Exercise 15. Open the brackets, using one of the following

model verbs in the right form (can, must, may, should).

1. The laptop isn’t working. It ……………….(damage) during

the transportation. I’m sure. 2. -Last week I terminated the
contract with my partner and he immediately filed a law suit
against me for breach of contract. First of all you
…………..(read) the terms of the agreement carefully! This is
rule number one in contract law: first read, then act. 3. -Peter
says that you are a tortfeasor and that he can accuse you of
assault and battery. He saw you yesterday near the cinema! – He

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……………….(not see) me yesterday. I was out of town! 4. I
am terribly sorry, Professor, but I …………..(not remember)
what exactly you said in your last lecture on public law. – You
……………..(listen) more carefully! 5. -I wonder how the fire
started. –There is a small possibility that someone
……………..(drop) a cigarette. –It ……………..(not be) a
cigarette. None of us smokes. –Then I’m sure that it
…………..(be) an electrical fault. 6. -How did Ann get there? –
There is a small possibility that she …………..(come) in a car. –
She …………(not come) on a car. She doesn’t drive.-Then I am
sure that she …………….(come) as a passenger. 7.
……………..(break) she the law? I don’t believe it!. 8. You
…………(act) violently. Now, I am sure you will suffer penalty.

Exercise 16. Translate the following sentences into English.

1.ɇɟɭɠɟɥɢ ɨɧ ɫɨɜɟɪɲɢɥ ɩɪɟɫɬɭɩɥɟɧɢɟ"  ɇɟ ɦɨɠɟɬ ɛɵɬɶ

ɱɬɨɛɵ ɨɧ ɩɪɢɱɢɧɢɥ ɟɣ ɜɪɟɞ  Ɇɢɫɬɟɪɚ Ȼɥɟɣɤɚ ɫɥɟɞɭɟɬ
ɩɪɢɡɧɚɬɶɜɢɧɨɜɧɵɦɜɷɬɨɦɞɟɥɟȼɨɡɦɨɠɧɨɨɧɢɧɚɪɭɲɢɥ
ɞɨɝɨɜɨɪ ɧɨ ɹ ɧɟ ɭɜɟɪɟɧ  ȼɚɦ ɧɟ ɫɥɟɞɨɜɚɥɨ ɪɚɫɬɨɪɝɚɬɶ ɫ
ɧɢɦ ɞɨɝɨɜɨɪ Ɂɚɱɟɦ ɜɵ ɷɬɨ ɫɞɟɥɚɥɢ"  Ⱦɨɥɠɧɨ ɛɵɬɶ ɨɧ
ɢɦɟɟɬ ɩɪɚɜɨ ɧɚ ɷɬɨɬ ɭɱɚɫɬɨɤ ɡɟɦɥɢ  ȼɚɦ ɫɥɟɞɨɜɚɥɨ
ɜɵɩɨɥɧɢɬɶ ɜɫɟ ɨɛɹɡɚɧɧɨɫɬɢ ɩɨ ɞɨɝɨɜɨɪɭ  Ⱦɨɥɠɧɨ ɛɵɬɶ
ɨɧɢ ɭɠɟ ɨɛɫɭɞɢɥɢ ɜɫɟ ɭɫɥɨɜɢɹ ɞɨɝɨɜɨɪɚ   ɇɟɭɠɟɥɢ ɨɧɢ
ɫɞɟɥɚɥɢɜɫɬɪɟɱɧɨɟɩɪɟɞɥɨɠɟɧɢɟ"ɗɬɨɝɨɧɟɦɨɠɟɬɛɵɬɶ
Ɍɵ ɦɨɝ ɛɵ ɢ ɪɚɫɫɤɚɡɚɬɶ ɦɧɟ ɨ ɬɪɚɞɢɰɢɹɯ ɫɜɨɟɣ ɫɬɪɚɧɵ
Ɍɨɝɞɚ ɜɨɡɦɨɠɧɨ ɹ ɛɵ ɧɟ ɩɨɩɚɥɚ ɜ ɧɟɥɨɜɤɨɟ ɩɨɥɨɠɟɧɢɟ
(awkward situation).

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 SUPPLEMENTARY VOCABULARY
EXERCISES

Exercise 1. Use the above collocations to complete the

sentence.

redundancy payment dismiss the case full-time

employment redundancy notices governing body
voluntary redundancy early termination unfair dismissal
insolvent company governing party

1. He still hopes to win his claim against ____________.

2. 150 workers were given ____________.
3. Graduates are finding it more and more difficult to find
____________.
4. The school’s __________took responsibility for the decision.
5. The ____________ can’t anymore pay fees to its employees.
6. I think we can easily and safely ____________.
7. The Conservatives were the ____________ at that time.
8. The CEO received a notice of ____________ of its powers.
9. We were offered a $10 000 cash bonus to take a
____________.
10. An employee won’t get a ____________ if he hasn’t been
with this company for two years.

Exercise 2. Fill in the missing words from the box to

complete the full-time employment contract.

to perform all the duties; holiday entitlement; comply with;

sufficient cause; whereas; the best of his skill; probation
period; in witness thereof; written notice; day-to-day
activities; assigned; compensation; set forth; grievance;
provide services; sickness pay

279
1. _____________ the Employer wishes to hire the Employee as
an administrative assistant and the Employee wishes to accept
this position.

2. The Employee shall _____________on the terms and

conditions _____________ below.

3. The Employee shall agree _____________ that are required

to his position.

4. The Employee shall perform all the duties to _____________

5. The Employee shall __________the Employer rules and

regulations.

6. As an administrative assistant the Employee shall carry out

the following _____________.

7. Other duties and activities that may arise from time to time
and may be _____________ to the Employee.

8. The _____________ shall constitute 3 (three) months.

9. Your _________ entitlement is 30 days in any calendar year.

10. Your annual _____________ is 28 days which cannot be

carried out.

11. The termination of this Agreement is possible by giving a

month _____________ to the Employer.

12. You are entitled to _____________ in the following cases.

280
13. If you have a _____________ relating to your employment,
follow the complaints procedure set out in the booklet attached.

14. The Employer is entitled to terminate this contract at any

time and without any _____________.

15. _____________ the Employer and Employee signed and

sealed this Agreement.

Exercise 3. Study the following words+prepositions.

Translate them into Russian. Use them in the sentences of
your own.

To be out of work; to look for work; to apply for a job; on an

hourly/daily/weekly basis; an amount of money; to be at work;
a career in law; law experience; to be involved in smth; refer to
smth; pay to smb; at the end of the week/month/year; to hire
smb for wage; to work for some hours.

Exercise 4. Fill in the missing prepositions.

What is the difference between “salary” and “wages”?

Both words refer _______ the amount _______ money that an

employee gets for services that he or she provides. “Wages” are
usually paid _______ people who are involved _______ manual
labour: people whose tasks involve more physical than mental
effort. Servants, gardeners, electricians, plumbers, factory
workers get wages. These workers are sometimes called “blue-
collar workers”, and they are usually paid _______ an
hourly/daily/weekly basis. Most government offices _______
India, for example, hire people _______ “daily wages”; and
these workers get their wages _______ the end of the day; the
end of the week or _______ the end of the month.

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“Salaries” are paid _______ professionals and people who are
not involved _______ manual labour. Such people are called
“white-collar workers.”. If you have a white-collar job, then you
get a salary. Teachers, clerks, bank managers, income tax
officials all of them get salary. It is usually given _______ an
employee _______ a regular basis (weekly, monthly and etc)
and unlike “wages” the salary is usually fixed. A wage earner
may get extra money if he works _______ a couple hours more,
but a person who earns a salary doesn’t get anything extra
_______ working overtime.

Exercise 5. All workers have a right to work in places where

risks to their health and safety are properly controlled. Your
employer is responsible for health and safety, but you must
help. Complete the table.

Health and Safety at work

What employer must do for What an employee must do

you
1. 1.
2. 2.
3. 3.
4. 4.
5.
6.
7.
8.
9.

1. Decide what could harm you in your job and take all
necessary precautions.
2. Follow the training you have received when using any work
items your employer has given you.

282
3. Tell you about the possible risks and how to control them.
4. Protect everyone from harm in the workplace.
5. Tell someone (your employer, supervisor, or health and safety
representative) if you think the work or the precautions put
someone’s health and safety at serious risk.
6. Co-operate with your employer on health and safety.
7. Give you the health and safety training for your job.
8. Provide you with any equipment and protective clothing you
need.
9. Provide toilets, washing facilities and drinking water.
10. Take reasonable care of your own and other people’s health
and safety.
11. Provide first-aid facilities.
12. Report major injuries that happened at work.
13. Have insurance that covers you in case you get hurt at work
or ill through work.

Exercise 6. Match the answers to the questions.

1. What Is the ADEA?

2. What Is Title VII of the Civil Rights Act of 1964?
3. What is FLSA?
4. What does the FLSA establish?
5. What is the FMLA?

a) The FLSA established a federal minimum hourly wage and

child labor laws for certain industries in America. When the
FLSA came into force in 1938, the minimum hourly wage
was only $0.25. In 2013, it was $7.25.
b) It is the Family Medical Leave Act. It guarantees protection
and unpaid leave for family and medical purposes to
employees up to 12 workweeks each year without job loss.

283
c) Title VII of the Civil Rights Act is the American federal law
that prohibits employment discrimination based on a person's
race, color, religion, sex, or national origin.
d) The ADEA is the Age Discrimination Employment Act. This
is the American federal law that prohibits age discrimination
in employment. It was brought into force in 1967.
e) It is the Fair Labor Standards Act. It came into force in the
USA during the Great Depression. At that time the workers
often suffered long hours, poor conditions, and unjust pay.

Exercise 7. Translate the following sentences into English.

1. Ɍɪɭɞɨɜɨɟ ɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨ ɪɟɝɭɥɢɪɭɟɬ

ɜɡɚɢɦɨɨɬɧɨɲɟɧɢɹɦɟɠɞɭɪɚɛɨɬɨɞɚɬɟɥɟɦɢɪɚɛɨɬɧɢɤɨɦ
2. ɉɪɚɜɚ ɪɚɛɨɱɢɯ ɡɚɳɢɳɟɧɵ ɮɟɞɟɪɚɥɶɧɵɦ
ɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɨɦ
3. ɄɚɤɚɹɜɊɨɫɫɢɢɦɢɧɢɦɚɥɶɧɚɹɡɚɪɚɛɨɬɧɚɹɩɥɚɬɚ"
4. ɉɨɬɪɭɞɨɜɨɦɭɡɚɤɨɧɨɞɚɬɟɥɶɫɬɜɭɜɵɦɨɠɟɬɟɜɡɹɬɶɨɬɩɭɫɤ
ɩɨ ɫɟɦɟɣɧɵɦ ɢ ɦɟɞɢɰɢɧɫɤɢɦ ɨɛɫɬɨɹɬɟɥɶɫɬɜɚɦ ɩɪɢ
ɧɟɨɛɯɨɞɢɦɨɫɬɢ
5. ɉɟɪɢɨɞ ɞɟɣɫɬɜɢɹ ɞɨɝɨɜɨɪɚ -  ɝɨɞɚ ɫ ɦɨɦɟɧɬɚ
ɩɨɞɩɢɫɚɧɢɹ
6. Ɇɨɣɬɪɭɞɨɜɨɣɞɨɝɨɜɨɪɡɚɤɨɧɱɢɬɫɹɩɪɟɤɪɚɬɢɬɫɹɜɦɚɟ
ɝɨɞɚ
7. ɍɪɨɜɟɧɶɠɢɡɧɢɭɯɭɞɲɚɟɬɫɹɫɤɚɠɞɵɦɞɧɺɦ
8. ɉɪɨɱɢɬɚɣɬɟ ɜɧɢɦɚɬɟɥɶɧɨ ɭɫɥɨɜɢɹ ɬɪɭɞɨɜɨɝɨ ɞɨɝɨɜɨɪɚ
ȿɫɥɢȼɵɫɧɢɦɢɫɨɝɥɚɫɧɵɬɨɩɨɞɩɢɲɢɬɟɡɞɟɫɶ
9. ɍɫɥɨɜɢɹɬɪɭɞɚɧɚɷɬɨɦɡɚɜɨɞɟɩɪɨɫɬɨɭɠɚɫɧɵɟɊɚɛɨɱɢɟ
ɬɪɟɛɭɸɬɥɭɱɲɢɯɭɫɥɨɜɢɣəɤɚɤɚɞɜɨɤɚɬɛɭɞɭɩɨɞɚɜɚɬɶ
ɢɫɤɩɪɨɬɢɜɞɢɪɟɤɬɨɪɚɡɚɜɨɞɚ
10. ɋɨɝɥɚɫɧɨ ɜɚɲɟɦɭ ɬɪɭɞɨɜɨɦɭ ɞɨɝɨɜɨɪɭ ɤɨɬɨɪɵɣ ɜɵ
ɡɚɤɥɸɱɢɥɢ ɫ ɧɚɦɢ  ɚɜɝɭɫɬɚ  ɝɨɞɚ ɜɵ ɢɦɟɟɬɟ
ɩɪɚɜɨɧɚɞɧɟɣɟɠɟɝɨɞɧɨɨɩɥɚɱɢɜɚɟɦɨɝɨɨɬɩɭɫɤɚ

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11. ɂɡ-ɡɚ ɛɚɧɤɪɨɬɫɬɜɚ ɧɚɲɟɣ ɤɨɦɩɚɧɢɢ  ɪɚɛɨɱɢɯ
ɨɫɬɚɥɢɫɶ ɛɟɡɪɚɛɨɬɧɵɦɢ ɋɟɣɱɚɫ ɨɧɢ ɧɚɯɨɞɹɬɫɹ ɧɚ
ɫɨɰɢɚɥɶɧɨɦɨɛɟɫɩɟɱɟɧɢɢ
12. Ɋɚɛɨɬɨɞɚɬɟɥɢ ɜɫɟ ɱɚɳɟ ɢ ɱɚɳɟ ɩɪɟɞɩɨɱɢɬɚɸɬ ɞɟɲɺɜɭɸ
ɪɚɛɨɱɭɸɫɢɥɭɤɜɚɥɢɮɢɰɢɪɨɜɚɧɧɵɦɪɚɛɨɬɧɢɤɚɦ

Exercise 8. Read the following employment law cases. Find

the English equivalents for the following words and word
combinations. Give your opinion on each case.

ɩɪɨɬɢɜɨɪɟɱɢɜɨɟɢɞɟɥɢɤɚɬɧɨɟɞɟɥɨɨɬɪɭɞɨɜɨɣɡɚɧɹɬɨɫɬɢ
ɡɚɩɪɟɬ ɧɚ ɧɨɲɟɧɢɟ ɪɟɥɢɝɢɨɡɧɨɣ ɨɞɟɠɞɵ ɪɚɫɫɦɚɬɪɢɜɚɬɶ
ɞɟɥɨ ɬɪɟɬɶɹ ɫɬɨɪɨɧɚ ɜɨɡɪɚɠɚɟɬ ɩɨɦɟɳɟɧɢɹ ɧɚ
ɬɟɪɪɢɬɨɪɢɢɬɪɟɬɶɟɣɫɬɨɪɨɧɪɭɤɨɜɨɞɫɬɜɨɩɨɱɟɦɭ-ɥɢɛɨ
ɨɛɹɡɵɜɚɬɶ ɩɟɪɫɨɧɚɥ ɩɪɚɜɢɥɨ ɩɪɢɦɟɧɹɟɬɫɹ ɩɪɹɦɨɟ
ɭɤɚɡɚɧɢɟ ɧɚ ɞɢɫɤɪɢɦɢɧɚɰɢɸ ɧɟɣɬɪɚɥɶɧɚɹ ɮɨɪɦɚ ɨɞɟɠɞɵ
ɹɜɥɹɟɬɫɹ ɤɨɫɜɟɧɧɨ ɞɢɫɤɪɢɦɢɧɢɪɭɸɳɟɣ ɫɬɚɜɢɬɶ ɜ
ɧɟɜɵɝɨɞɧɨɟ ɩɨɥɨɠɟɧɢɟ ɩɪɚɜɢɥɚ ɧɟ ɹɜɥɹɸɬɫɹ
ɨɛɨɫɧɨɜɚɧɧɵɦɢ ɩɪɚɜɨɦɟɪɧɵɦɢ ɫɩɪɚɜɟɞɥɢɜɵɦɢ
ɨɝɪɚɧɢɱɢɬɶɱɢɫɥɨ ɡɚɹɜɥɟɧɢɣɨɬɧɨɫɢɬɶɫɹɫɧɟɨɞɨɛɪɟɧɢɟɦɤ
ɬɪɟɛɨɜɚɧɢɸ

Dress code controversies in Belgium and France

Achbita and another v G4S Secure Solutions (ECJ)

Perhaps the most controversial and sensitive employment

cases of 2017 involved companies banning religious dress,
including Muslim headscarves (hijabs).
The Belgian case Achbita and French case Bougnaoui both
considered what employers should do if a third party objects to
an employee wearing religious dress while working on a third
party’s premises.

285
 In Achbita guidance, rules require the staff to dress
“neutrally” and this rule is also applied abroad, so the European
Court of Justice (ECJ) held that this rule cannot be a direct
discrimination.
However, the ECJ warned that a neutral dress code is
indirectly discriminatory if it can be shown that people of a
particular religion are put at a disadvantage and the rule cannot
be justified.
The decision in Achbita appears to open the door for some
employers in Europe to ban religious dress in the workplace.
However, the case has limited application in the UK. Here, the
courts and tribunals are highly likely to frown upon a
requirement for workers to present a non-religious appearance
on the basis of “neutrality”.

*************

ɛɨɥɶɲɟɧɟɩɪɢɤɪɵɜɚɸɬɫɹɱɟɦ-ɥɢɛɨɚɩɟɥɥɹɰɢɨɧɧɵɣɫɭɞ

ɢɦɟɬɶɩɪɚɜɨɧɚɨɫɧɨɜɧɵɟɩɪɚɜɚɜɟɪɯɨɜɧɵɣɫɭɞ

“Workers” can no longer be disguised as “self-employed”

Pimlico Plumbers Ltd and another v Smith (Court of Appeal)

In this case, the Court of Appeal held that a plumber, described

in his contract as a “self-employed operative”, was in fact a
“worker” who is entitled to basic rights such as annual leave and
the national minimum wage. Pimlico Plumbers has appealed to
the Supreme Court. The hearing will be in February 2018.

286
Exercise 9. Paraphrase the sentences using the word
combinations below.

appeal hearing medical evidence malpractice

whistleblower ban on third party Supreme Court
entitled to discriminatory employment uphold the appeal

1. The highest law court in Britain held that the worker got an
unfair dismissal.
2. The Court of Appeal wasn’t convinced by the presented
evidence and finally stated that the appeal was correct.
3. The laws in this country protect women from treating them
differently while employing.
4. The Supreme Court held that it was a clear case of
professional mistake.
5. The employer asked to send him medical information of the
illness or disability with CV.
6. The meeting of the court of appeal will take place next
Monday.
7. The government made an official order that prevents from
smoking in public areas.
8. The company decided to pay a large sum of money to an
employee who wanted to report some wrongdoings to keep
him silent but he refused.
9. Both companies will meet with a neutral person to resolve
the disagreement.
10. The full-time employees have the official right to receive
health insurance.

287
 IRREGULAR VERBS

Infinitive Past Simple Past participle

be was / were been
become became become
begin began begun
bite bit bitten
break broke broken
bring brought brought
build built built
burn burned / burnt burned / burnt
buy bought bought
catch caught caught
choose chose chosen
come came come
cost cost cost
cut cut cut
dig dug dug
do did done
draw drew drawn
dream dreamed/dreamt dreamed/dreamt
drink drank drunk
drive drove driven
eat ate eaten
fall fell fallen

288
feed fed fed
feel felt felt
find found found
fly flew flown
forget forgot forgotten
get got got
give gave given
go went gone
grow grew grown
hang hung hung
have had had
hear heard heard
hide hid hidden
hit hit hit
hold held held
hurt hurt hurt
keep kept kept
know knew known
learn learnt/learned learnt/learned
leave left left
let let let
lose lost lost
make made made
mean meant meant

289
meet met met
pay paid paid
put put put
quit quit quit
read read read
run ran run
see saw seen
sell sold sold
send sent sent
set set set
show showed shown
spend spent spent
steal stole stolen
take took taken
think thought thought
understand understood understood
wear wore worn
win won won
write wrote written

290
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