Реферат: Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ
In codified systems there are codes that correspond to these categories, for example, France's Code Civil and Code Penal. Justinian's Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. Consequently, most Continental criminal codes are entirely modern inventions.
Differences in procedure
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case «on the balance of probabilities." Thus, in a case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms Sanchez would be described as «The People vs. (= versus, or against) Sanchez" in the United States and «R. (Regina, that is, the Queen) vs. Sanchez» in England. But a civil action between Ms Sanchez and a Mr Smith would be «Sanchez vs. Smith" if it was started by Sanchez, and "Smith vs. Sanchez» if it was started by Mr Smith.
Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes
Sadovaya'Kudrinskaya str.
Russian Federation
Letter of Invitation
Dear Minister
Thank you for your interest to meet representatives of the Brandenburg State Government, especially Prime Minister Dr. Manfred Stoipe, during your stay in the Federal Republic of Germany from April 25"' to April 26"' 2000.
It is my pleasure to invite you to the state of Brandenburg. A copy of your request has been.mailed to the office of the Prime Minister for coordinating purposes.
Sincerely yours
Dr. Wolfgang FьrniЯ
Task III. Conversation on the topic of your thesis
аспирантура (канд. экз.)
Экзаменационный билет (на 2 листах) по дисциплине
английский язык
(специальность: гражданское право; предпринимательское право;
семейное право; мчп)
билет №5
Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes
That law is an effect of lawyers' imagination is nowhere clearer than in the development of international law from the isolated diplomatic practices of the nineteenth century into a legal order sometime early in the twentieth. Professional jurists took it upon themselves to explain international affairs in the image of the domestic state, governed by the Rule of Law. For that purpose, they interpreted diplomatic treaties as legislation, developed a wide and elastic doctrine of customary law, and described the state as a system of competences, allocated to the state by a legal order. A culture of professional international law was created through the setting up of the first international associations of jurists, doctrinal periodicals as well as the publication of many-volumed presentations of state practice in the form of systematic legal treatises.
It was not a simple task to conceive of diplomatic correspondence and a few arbitrations as manifestations of an autonomous legal order. In 1935 a sceptic still described the situation in the following terms:
There is in fact, whatever the names used in the books, no system of international law -and still less, of course, a code. What is to be found in the treatises is simply a collection of rules which, when looked at closely, appear to have been thrown together, or to have been accumulated, almost al haphazard.
Two strategies seemed possible. One could either take whatever materials - treaties and cases - one could find that bore some resemblance to domestic law and explain the inevitable gaps in the system as a result of the 'primitive' character of international law. Otherwise one could try to expand the law's scope by arguing, as Grotius had done, from Roman and domestic law, general principles and ideas about a common morality. Although in fact both avenues were followed, the former seemed to realize better the statism and the objective of the 'scientification' of law that had been the great aim of nineteenth century jurisprudence.
Martti Koskenniemi Lauterpacht: The Victorian Tradition in International Law European Journal of International Law. Vol. 8 No 2, 1997.
Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes
July 18,2000
Dear Mr. Petrov
I would like to inform you that I left my position as Minister of International Trade and Industry on July 4.
Mr. Hiranuma has been appointed as my successor. I hope that you will accord him the same goodwill and assistance you have granted me.
Please accept my best wishes. Respectfully yours,
Takashi Fukaya