HISTORICAL DEVELOPMENT OF ANGLO-AMERICAN LAW

Before the Norman Conquest of England in 1066 AD, law had moved away from blood feud to trial by combat because of pressures from the barons and community. But there was no uniformity in the country.

Under the Normans, the king began to appoint reeves in each shire (sheriff) to hear and decide disputes among the people and to enforce the king's interests. The king took to sending judges about the country to hear appeals. Thus developed a "Common Law" for all of England.

The Common Law is a case-by-case process of development of three branches of law (Criminal, Civil, and Equity) and of three sub- branches of Civil Law (Property, Torts, and Contract). For a nation with little or no Civil Law, knowledge of historical Common Law develop­ment allows a person harmed to bring a case not under limited statutory law of a nation at the moment, but under the ancient concepts of the Common Law, arguing cases from England and the US. Though the Common Law will have no binding effect (precedent), you hope a judge will listen, consider, and adopt the truths presented. So you would actually create Common Law for the future of your nation.

In 1215 AD, the barons forced the king to submit to the law of the land by the Magna Charter. By this, the rule of law became established, that is, "no man is above the law and all are equal before the law".

With time, the reeves and judges bound themselves to the prior de­cisions by a concept of stare decisis, the prior case holds or precedent. Soon the system became so bound that justice seemed lost. People be­gan to petition the king through his chief religious officer, the Chan­cellor, for relief. Thus developed the Equity Courts.

Civil courts handled matters of torts (personal wrongs resulting from breach of duty), crimes (breaches of the king's peace), property viola­tions, and contracts and used the jury trial. Equity did not use the jury.

To America came a well-developed law and system, and a com­mitment to rule of law as a means to have and preserve freedom. The colonists also came as commercial units used to private property own­ership and ownership of the means of production. And they came with a belief in religious liberty and a high distrust of governmental power. They saw rights and power as bestowed by God to people. In turn, peo­ple would have to delegate some of their powers to government to make rule of law work. Our form of government is:

^Constitutional; there is a central document which defines gov­ernment;

Separated; in types of branches and within a given branch (a horizontal concept);

1. Federated; not all power is at any one level (a vertical concept);

1. Delegated; the people delegate somebody to the States and the States delegate to the National;

1. Representational.

The more complex the governmental system, the more laws needed; a dictatorship needs less laws than democracy. The US has multiple levels of legal systems: International; Federal; State; County; City. Each has its own laws and system subject to some control by next higher level; higher levels may be limited by lower levels if not all State authority was "delegated" to Federal. The US has three branches of government:

Executive (enforces laws; contains the bureaucracy or employees of the executive branch): president; governor; mayor, manager, or council.

Legislative (writes laws). In counties and municipalities, legislative branch often called Council or Commissioners. Judicial (interprets the law). Municipalities do not always have courts. Jurisdiction is the word which defines the types of cases any par­ticular court may process: territorial (by the place of the act or by place of residence of one or more of the parties); subject matter (limitation of dollar amount, punishment level, or type of case); in rem or in perso­nam (over property or a person). Jurisdiction is defined by statutes or Constitutions.

Judges may be elected or appointed and, with rare exceptions, must be lawyers.

III. Задайте все возможные вопросы к тексту.

Вариант 3

I. Выберите правильный вариант:

1. argue

a) -er

b) -ment

c) -ness

2. protect

a) -ness

b) -ion

c) -ive

3. collect

a) -ive

b) -ion

c) -ness

4. combine

a) -ist

b) -tion

c) -ism

5. enter

a) -ance

b) -ist

c) -ity

6. Our holidays begins in … July

a) -

b) the

c) a

7. After classes I go to … library.

a) the

b) -

c) a

8. We learn … English for two years.

a) -

b) the

c) a

9. I get up at half past seven in... morning.

a) a

b) the

c) -

10. Most students go to … university to study special subjects.

a) -

b) the

c) a

11. It is a very good project, but … is better.

a) our

b) us

c) ours

12. Jack, are you listening to …?

a) me

b) my

c) mine

13. Every cat washes … face after eating.

a) her

b) his

c) its

14. Our children will go to the concert. So will …..

a) their

b) theirs

c) they

15. All the tickets have been sold. There is …left.

a) something

b) no

c) nothing

16. When we travelled we spent … money.

a) few

b) little

c) much

17. He enjoyed his life there. He had …friends and they met quite often.

a) many

b) not much

c) little

18. Have you ever been to … museums?

a) any

b) some

c) many

19. She said she would contact me but she did not write ….

a) anything

b) something

c) nothing

20. ….I have eaten today is a sandwich.

a) everything

b) all

c) anything

21. She is … student in the class.

a) more intelligent

b) the most intelligent

c) much intelligent

22. My … sister is a nurse.

a) older

b) elder

c) the eldest

23. What is … in your country?

a) the most large

b) the largest

c) larger

24. Last year it was … popular song.

a) more popular

b) the most popular

c) the more popular

25. She spoke in a very low voice, but I …understand what she said.

a) could

b) can

c) might

26. I do not know when they will be here. They …arrive at any time.

a) could

b) can

c) must

27. Kate missed the film last night, because she …work late.

a) had to

b) may

c) could

28. Michael …drive without headlights, it is forbidden.

a) mustn

b) can't

c) shouldn't

29. It is only ten a.m. She …at school now.

a) must be

b) has to be

c) could be

30. Jenny …go to Egypt this spring.

a) may

b) must

c) need

31. It is early spring now. Everybody …eat more fruits and vegetables.

a) should

b) may

c) can

32. This baby …walk in a few weeks.

a) will be able to

b) must

c) can

33. I … to the cinema but my friend persuaded me to stay.

a) am not going

b) was going

c) did not go

34. We were good friends, we … each other for years.

a) had known

b) knew

c) were knowing

35. We were extremely tired at the end of the journey. We … for more than 24 hours.

a) had travelled

b) were travelling

c) had been travelling

36. We always go to Saint Petersburg for our holidays. We … there for years.

a) have been going

b) are going

c) go

37. I have lost my key again. I … things.

a) always lose

b) am always losing

c) have always lost

38. The economic situation is already very bad and it … worse.

a) is getting

b) gets

c) got

39. As soon as I … the warning, I made my way to Fleet Street.

a) was reading

b) read

c) had read

40. In recent years, scientific and technological developments … human life on our planet.

a) have drastically changed

b) drastically changed

c) are drastically changing

41. Our new neighbours … in Arizona for ten years be­fore moving to their present house.

a) had been living

b) lived

c) have been living

42. The dinner … at 6 o'clock.

a) will be served

b) will serve

c) is served

43. He …to tidy the garage.

a) was helped

b) were helped

c) are helped

44. The jam sandwiches …with white bread.

a) made

b) is made

c) are made

45. Most children … by their parents.

a) are influencing

b) are influenced

c) has influenced

Не нашли, что искали? Воспользуйтесь поиском: