Федеральное агентство морского и речного транспорта
Федеральное государственное образовательное учреждение высшего и профессионального образования
Волжская государственная академия водного транспорта
Кафедра иностранных языков
В. Ю. Новик А.О. Савицкая
Английский язык
Методическое пособие для студентов 1- 2 курсов юридической специальности
Нижний Новгород
Издательство ФГОУ ВПО»ВГАВТ»
2011
УДК 821.111:621.396038)
С 48
Рецензент : Орлова Л.Г., канд.фил. наук. доцент
Седова Е.А. Английский язык: методическое пособие для студентов экономических специальностей очной формы обучения.- Н. Новгород: Изд-во ФГОУ ВПО «ВГАВТ», 2011, 68с.
Цель данного пособия- развитие навыков устной речи на основе профессионально-ориентированных тем.
Материал пособия организован в виде 18 тематических уроков, содержащих коммуникативные упражнения в рамках профессионально – ориентированных тем , направленные на развитие навыков говорения, аудирования, чтения. К данному пособию прилагается диск с аудиоматериалами.
Методическое пособие предназначено для студентов специальности 080502 «Экономика и управление на предприятиях», а также может быть использовано со студентами других специальностей направления 521600 «Экономика»
Работа рекомендована к изданию кафедрой иностранных языков ( протокол № 7 от 23.05.2011)
© ФГОУ ВПО ВГАВТ , 2011
Unit 1
Basic Legal Terms
Before you read the passage, talk about these questions.
What are some different jobs in the legal profession?
Which legal job would you prefer and why?
Read the text and complete the table using information from the text.
| Person | Role or Job |
| 1. ------------------------------ | files a complaint |
| 2. ------------------------------ | is accused of a crime |
| attorneys | 3. --------------------------- |
| Paralegal | 4. --------------------------- |
| 5. ------------------------------- | resolves a complaint |
People in the Legal System: Civil Cases
A civil case begins with a plaintiff. He or she has a complaint about the actions of another person or organization. The plaintiff files the complaint with a court.
The person or organization accused of a wrongdoing is the defendant. Both the plaintiff and the defendant usually have attorneys. The attorneys speak on behalf of their clients. A paralegal, a person with legal training, may assist the attorney.
In some cases, a jury listens to arguments for and against the defendant. Then they decide on a verdict. Finally, the judge makes a decision to resolve the complaint.
Match the words (1-7) with the definitions (A-G).
___ verdict
___ legal system
___ court
___ complaint
___ paralegal
___ plaintiff
___ civil
A the methods of interpreting laws and putting them into effect
B a legal conclusion
C a written document that states the reason for legal action
D the place where people go to conduct legal business
E a person who accuses another person of a wrongdoing
F an attorney’s assistant with specialized legal training
G occurring between citizens
4. Decide in which sentence the underlined parts are used correctly.
1 ___ A The plaintiff delivered a verdict at the end of the trial.
___ B The judge listened to the attorneys’ arguments.
2 ___ A Twelve paralegals determined the outcome of the case.
___ B The jury decided that the man was not guilty.
3 ___ A The defendant hired an attorney to prove that he was
innocent.
___ B In court, the plaintiff always makes the final decision.
4 ___ A Mr.Meaner’s attorney represented him during the trial.
___ B What verdict is the defendant accused of?
5. Listen to a conversation between two attorneys. Choose the correct answers.
1. What is the conversation mostly about?
A the creation of a complaint
B an attorney’s advice to a defendant
C a plaintiff’s reaction to a verdict
D the progress of a civil case
2. Why is the man worried?
A The complaint is not true.
B The jury already decided.
C The defendant is guilty.
D The plaintiff has no proof.
Listen again and complete the conversation.
Attorney 1: Hi, Robert! How is that 1_______ case going?
Attorney 2: Hey, Janet. It’s not going all that well, actually.
Attorney 1: Oh? What’s wrong?
Attorney 2: The defendant’s 2 _______ is pretty good. He’s making our 3 _______ seem weak.
Attorney 1: Well, it’s not, is it?
Attorney 2: No, the 4 ________ owes my client thousands of dollars. But that’s based on a verbal agreement.
Attorney 1: I see. So the 5 ________ has nothing in writing?
Attorney 2: Exactly. I’m worried that the 6 _______ will decide against us.
With a partner, act out the roles below based on Task 6. Then, switch roles.
Use language such as:
How is that ….. going?
What’s wrong?
I’m concerned that the …...
Student A: You are an attorney. Talk to another attorney about a
civil case. Ask Student B about:
- the case
- the complaint
- the problem
Student B: You are an attorney representing a client in a civil case.
Answer Student A’s questions.
Use the conversation from Task 7 to fill out an update on the attorney’s case.
Civil Case Update
Attorney: ______________________________________________
Plaintiff’s Complaint: ____________________________________
Possible Outcome: _______________________________________
Reason: ________________________________________________
Unit 2
Basic Legal Concepts
Before you read the passage, talk about these questions.
Why do people decide to take legal action?
What do people need to do in order to start a case?
Read the brochure and decide if the following statements are true or false.
Butler and Evans Associates helps people who have been hurt.
The firm’s clients are responsible for bringing proof to the attorneys.
The firm does not charge clients whose cases are not won or settled.
Butler & Evans Associates
Are you injured because of someone else’s carelessness? Are you involved in a dispute with a neighbor? Butler and Evans is available to help you take legal action.
Everyone is entitled to due process. When you decide to initiate a lawsuit, call us. We are going to make sure you get the damages you’re entitled to. Our investigators are able to get all the proof needed for your trial. When a verdict is not in your favor, we appeal whenever possible.
In the event we fail to settle or win your case, you don’t owe us anything. So what do you have to lose? Call 876-0251 today to arrange a meeting.
Choose the word that is closest in meaning to the underlined part.
1. Jane received money as compensation for her accident.
A proof B damages C due process
2. The law firm helps people involved in an argument or conflict
with their neighbors.
A a dispute B a lawsuit C a trial
3. Ms .Harris wants to start the process of legal action.
A appeal B initiate C settle
4. Everyone in the country has the right to receive justice according to
established rules.
A due process B appeal C damages
5. Mr.Tan initiated a legal course of action against his neighbor
because her dog barks too much.
A appeal B lawsuit C dispute
4. Fill in the blanks with the correct words and phrases from the
word bank.
legal action proof settle trial appeal
Hopefully, Mr. Wilton will be able to ______________ this problem without going to court.
Mrs. Janson decided to _______________ after the judge ruled against her.
In this _______________ , the defendant is accused of stealing from a bank.
Mrs. Britt wants to take _______________ against her employer for not giving her a promotion.
Attorneys don’t win cases when there is not enough ____________ to support their arguments.
5. Listen and read the brochure again. What services does the
company offer?
6. Listen to a phone call between a client and an attorney at a law
firm. Choose the correct answers.
What is the conversation mostly about?
A an offer to settle
B evidence in a trial
C the filing of a lawsuit
D an injury from a car accident
What will the man mostly likely do?
A Bring in more evidence.
B Refuse the attorney’s offer.
C Pay for half of the damages.
D Drop the lawsuit against the woman.
7. Listen again and complete the conversation.
Lawyer: Hello, Mr. Williams. I received an 1 __________
from Ms. Johnson’s lawyer. She’s ready to end this
dispute.
Client: Really? What do we need to do?
Lawyer: Well, she’s not dropping the 2 ____________ unless
you agree to 3 ____________ .
Client: What is she asking for?
Lawyer: She wants you to 4 ______ ______ ______ of the
damages to her car.
Client: But I didn’t wreck her car! Someone else ran into it.
Lawyer: I know. But since you have no 5 __________ , I
suggest you settle.
Client: I don’t like it. But I guess 6 ______ _______ .
8. With a partner, act out the roles below based on Task 7.
Then, switch roles. Use language such as:
She’s ready to end this dispute.
What is she asking for?
I suggest you…...
Student A: You are an attorney. Another attorney has called to
end a dispute. Talk to Student B, your client, about:
- the attorney’s offer
- what the client must do
- your advice
Student B: You are in a dispute. Student A is your lawyer.
Talk to him or her about ending the dispute.
9. Use the conversation from Task 8 to fill out the attorney’s
notes.
Butler & Evans
Associates
Meeting Notes
Client: ___________________________________
Date: ___________________________________
Meeting about: ____________________________
_________________________________________
_________________________________________
Recommended that client ___________________
_________________________________________
_________________________________________
Client will ________________________________
_________________________________________
Unit 3
Sources of law
Before you read the passage, talk about these questions.
a) How are laws created in your country? Do you think that
system works well?
b) How do national and local laws differ?
M E M O
Dear Ms. Martin,
I finished my research on the Great Cars Incorporated
(GCI) lawsuit. Here are the important notes:
Recent national legislation requires a lot of safety
testing. GCI did not follow that policy. But the statute
is new, so it may not pertain to our case.
There is a precedent. A suit against Car Masters was
dismissed two years ago. The company did not make
changes to meet state laws fast enough. A judge dismissed
the case after Car Masters met the requirements.
Still, the plaintiff may sue under a relevant constitutional
law. But court rules don’t allow him to change the lawsuit
yet. That procedure takes weeks.
Let me know if you have any questions.
Sarah Jackson
2. Listen, read and say if the following statements are true or
false.
1. Great Cars Incorporated did not obey laws about testing its
products.
2. Car Masters lost a lawsuit because it did not meet state laws.
3. The plaintiff cannot sue under a constitutional law for several
weeks.
3. Choose the response that answers the questions.
1. Does this information pertain to the case?
A No, it’s about something completely different.
B Yes, the deadline passed yesterday.
2. Are there any precedents that we can refer to?
A Yes, there was a similar case two years ago.
B No, the court date is scheduled for the 18th.
3. Are there any procedures that we need to follow in court?
A There are several attorneys working at the firm.
B The defense attorney must be allowed to speak first.
4. Did Anne find any regulations in the state laws?
A No, but she found some in the city laws.
B Yes, she thinks the company will win the lawsuit.
5. Do the court rules have information about when to file an appeal?
A Yes, the client has been in jail for 6 months.
B Yes, it must be done within a year of a decision.
4. Choose the word that is closest in meaning to the underlined
part.
1. The government made some changes to the laws that relate to
government power.
A state laws
B constitutional laws
C court rules
2. The council announced new rules decided by the government for
environmental issues.
A precedents
B legislation
C procedures
3. Caroline needs to follow the steps to complete an activity very
carefully.
A legislation
B constitutional laws
C procedures
4. The rules, laws or orders states that all dogs in the park must
be on a leash.
A court rules
B policy
C precedents
5. The article does not have any information connected to the
case.
A relevant
B procedural
C regulated
5. Listen to a conversation between two lawyers. Choose the
correct answers.
1. Why is the company being sued?
A It broke a state law.
B A seatbelt did not work.
C A driver was in an accident.
D It misused millions of dollars.
2. What is true of the man?
A He considered representing Car Masters.
B He thinks the woman should not take the case.
C He works for the same company as the woman.
D He is working on the Great Cars Incorporated lawsuit.
6. Listen again and complete the conversation.
Lawyer 1: So, why is Great Cars Incorporated being sued?
Lawyer 2: They didn’t follow 1 _____ _____ on brake testing
procedures.
Lawyer 1: I see. And a driver got in an 2 ______?
Lawyer 2: Right. Now he’s suing them for $1 million.
Lawyer 1: It sounds 3 ______ to beat.
Lawyer 2: We have a shot. There’s a precedent from a lawsuit
against Car Masters.
Lawyer 1: I almost 4 _____ ______ _____ .
They didn’t meet 5 _____ _____ requirements for
Lawyer 2: Yes. But a judge dismissed the case when they weren’t
able to follow the 6 _____ .
7. With a partner, act out the roles below based on Task 6. Then,
switch roles. Use language such as:
So why is…… being sued?
Now he’s suing them for……
There’s a precedent from a lawsuit.
Student A: You are a lawyer. Talk to another lawyer about a case.
Be sure to address:
- causes - money - precedents
Student B: You are a lawyer. Talk to Student A about a case he or
she is working on.
8. Use the conversation from Task 7 to complete a lawyer’s
business notes.
N O T E S
Date: _________
I met with ______ today. ______ is working on a case for _______.
The company _______. But ______ thinks they can win the lawsuit.
There is a ________ that might help them. Another company ____ .
But a judge ________ .
Unit 4
Preliminary documents
1. Before you read the passage, talk about these questions.
a) What are some things attorneys and clients might talk about
when they first meet?
b) Why do attorneys need clients to agree to their fees before
representing them?
Read the memo and choose the correct answers.
1. What is the memo about?
A a previous case
B a new client
C new legislation
D researching a case
2. Which of the following documents does Janine NOT
currently have for Mr. Hendricks?
A an agenda
B police report
C a retainer agreement
D an intake memo
3. What is Mr. Thomson likely to do next?
A contact Mr. Hendricks
B send the client a bill
C sign some documents
D obtain medical records
Dear Mr.Thomson,
I have opened a file on our new client, Mr. Hendricks. The file
contains the intake memo, fee agreement and retainer
agreement. Please sign these. I need to mail them to Mr.
Hendricks directly, along with our standard form letter.
I am also sending a demand package and copies of all the
correspondence so far. I have opened a pre-litigation folder and made up an agenda. This is to ensure we have everything we need on time, including medical records and the police report.
Thank you,
Janine
3. Match the words (1-4) with the definitions (A-D).
1 retainer agreement
2 agenda
3 form letter
4 demand package
A a contract between a lawyer and a client for retention and
payment of services
B a set of documents that a lawyer obtains from other
companies to help with a case
C a letter that is printed many times and sent to many different
people
D a list of things that need to be done in a certain order
4. Read the sentence pair. Choose where the words best fit in
blanks.
1 medical records / police report
Did Ashley contact the hospital for the _______ ?
Ms. Reed had to write a _______ after her car was stolen.
2 intake memo / fee agreement
When the new client arrives, the legal assistant must complete
the _______ .
Mr. Jackson needs to see the ________ so he knows how
Much the services cost.
3 litigation / correspondence
Keep all _________ , such as letters and emails, in a folder.
There have already been two _________ cases with company. .
5. Listen to a conversation between a lawyer and
a paralegal. Are the following statements true or
false.
1 The lawyer left the intake memo in a folder.
2 The medical records are in the pre-litigation folder.
3 The speakers plan to send the client his pre-litigation
folder.
6. Listen again and complete the conversation.
Lawyer: Janine, I’ve signed the fee 1 _______ and
the 2 _______ memo for Mr. Hendricks.
Paralegal: Thanks. What about the 3 _______ agreement?
Lawyer: Oh, sorry, it’s probably still in my office.
Paralegal: Don’t worry, I’ll get it.
Lawyer: Have you got a copy of the 4 _____ _____
We sent for his medical records?
Paralegal: Yes, the records are in his pre- 5 ______
folder.
Lawyer: Good. Send that to him too, and don’t forget
to include the 6 _______ letter.
Paralegal: No problem.
7. With a partner, act out the roles below based on
Task 6. Then, switch roles. Use language such as:
I’ve signed the……
Have you got a copy of the demand package?
Don’t forget to include……
Student A: You are a lawyer. Check with your paralegal
about the status of important documents. Talk to Student B
about:
- intake memo
- retainer agreement
- pre-litigation folder
Student B: You are a paralegal. Discuss the status of
documents with Student A.
8. Use the conversation from Task 7 to complete the paralegal’s
letter to the client.
GREEN & WILSON
L A W Y E R S
Dear____________________________________________________
I am pleased to enclose the following documents:
________________________________________________________
________________________________________________________
________________________________________________________
Please sign the relevant documents and return them to us as soon as possible.
Janine Davies
Paralegal
Unit 5
Court structure
1. Before you read the passage, talk about these questions.
a) What are some different kinds of courts in your country?
b) What types of cases do the different courts hear?
2. Read the text about court structure.
Are the following statements true or false?
1. District courts review decisions that people protest.
2. Cases involving state laws are not heard in a federal court.
3. The Supreme Court hears all cases that are brought to it.
Understanding the Levels of US Federal Courts
District courts – These are general courts. But in some cases, the jurisdiction is passed to specialized courts. These include: bankruptcy courts, tax courts and the court of private land claims.
Court of Appeals – The Court of Appeals reviews all decisions in the lower courts that people object to.
State courts – These courts decide disputes that pertain to state laws rather than federal laws.
The Supreme Court – This is another appeals court, but it is the only court that operates under discretionary review. This means it can choose which cases to hear. The Supreme Court is also called a High Court in some countries.
3. Read the sentence and choose the correct word.
The ( District / Supreme) Court decided not to review
Ms. Wright’s case against the company.
2. The case does not involve federal law, so it has to go through
the ( state / bankruptcy) court.
3. The district court has ( jurisdiction / claim) in Mr. Trujillo’s . case.
4. If Ms. Davis wants her money back, she needs to go through the
small ( claims / discretionary) court.
4. Use the words from the bank to fill in the blanks.
discretionary review specialized
Supreme Appeals bankruptcy
1. The ___________ Court is called the High Court in Australia.
2. John decided to go to the Court of __________ because he didn’t
Agree with the decision.
3. The court will ___________ Mr. Allistair’s case next month.
4. Mr. Anderson is going to the ____________ court because he lost
a lot of money but has no way to pay it back.
5. The court has ___________ powers, so it may decide not to
investigate the case.
6. Ms. Ming’s case will go to a __________ court, not a general
court.
5. Listen and read the text again. What types of courts are there
in the USA?
6. Listen to a conversation between a client and his attorney. Then
answer the questions. Which courts might the client’s case be
heard in?
- a state court
- a district court
- a court of appeal
- a specialized court
- the Supreme Court
7. Listen again and complete the conversation.
Client (M): So, is my case going to the 1 ________ courts?
Attorney (F): No, that’s not going to happen.
Client: Why not? It’s a dispute with the state.
Attorney: Well, 2 _________ courts usually have jurisdiction
over smaller cases like yours.
Client: I see. What do we do if the district court 3________
against us?
Attorney: We ask for the case to be 4 _________ in the
Court of Appeals.
Client: And they have to 5 _________ it, right?
Attorney: Yes. There’s no 6 ________ review in appeals
courts. That’s reserved for the Supreme Court.
8. With a partner, act out the roles below based on Task 7.
Then switch roles. Use language such as:
Is my case going to the ….. courts?
District courts usually have jurisdiction…..
We ask for the case to be…..
Student A: You are a client. Talk to your lawyer about your
case. Ask Student B abut:
- courts
- options after a decision
- likelihood of having case reviewed
Student B: You are a lawyer. Answer Student A’s questions.
9. Use the conversation from Task 8 to complete a lawyer’s
letter to a client.
T a m s i n G r e e r,
A t t o r n e y
Dear Mr. Moisey,
In response to your question, your case is not going to
the ______ . It is going to a _______ because _____ .
If you do not agree with the decision, the case goes to an
_______ . They have to review it because _________.
Yours faithfully,
T. Greer
Unit 6
Jurisdiction
1. Before you read the passage, talk about these questions.
a) What are some things that determine which court hears
a certain case?
b) Sometimes a case could be heard in more than one type
of court. Why do you think this is?
2. Read the text and complete the table using information from it.
J u r i s d i c t i o n
Jurisdiction is the authority to judge legal matters. Jurisdiction is given to legal bodies or political leaders. There are three main types of jurisdiction:
1. Personal jurisdiction is authority over a person.
2. Territorial jurisdiction is authority over an area.
3. Subject jurisdiction is authority over a particular subject.
Jurisdiction in courts can be exclusive or concurrent. With exclusive court jurisdiction, only one court is able to decide the issue. With concurrent jurisdiction, more than one court is able to adjudicate. In this case, lawyers are able to go forum shopping. They choose the court which is more likely to rule in favor of their clients.
| 1 -------------------------- | Authority over a person |
| Territorial jurisdiction | 2 ------------------------- |
| 3 --------------------------- | Authority in one particular subject |
| Exclusive Jurisdiction | 4 --------------------------- |
| 5 --------------------------- | More than one court can decide the issue |
3. Choose the sentence that uses the underlined parts correctly.
1 A The district court has subject jurisdiction over ten towns in the
area.
B The lawyer was happy when the court ruled in favor of
his client.
2 A The manager has authority over all the workers in his
team.
B The judge went forum shopping to find a court to hear
his case.
3 A Schools, shops and churches are legal bodies.
B Judge Reynolds is going to adjudicate the case.
4. Write a word that is similar in meaning to the underlined
1 2 3