Task 1. Read the text and learn the new words

ENGLISH FOR LAWYERS

ASTANA 2016

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A.IBRAYEVA A.RAKISHEVA S.URAZBAYEVA

ENGLISH FOR LAWYERS

Recommended by the Academic Council of KAZGUU UNIVERSITY protocol No 5 of 25 December 2015, the Council of Higher School GD&LS protocol No 3 of 9 November 2015.

Reviewers:

Doctor of Philology, prof. Zh. Abuov

PhD in law, ass.prof. S. Pen

Corrected by

Master of Arts D. Ospanova

The textbook consists of 9 units. The content of each unit is aimed at the development of all kinds of speech activity and professional competence of students in English language majoring in law. Texts in the manual are adopted from legal and political sources from the UK, the USА and Kazakhstan. Tasks are constructed in the form of didactic games, situation games and role-play, contributing to the development of skills of text analysis and conducting discussions.

The manual is prepared by the faculty of the English Language Department of KAZGUU University based on a model curriculum for the bachelor program 5B030100 "Law" (2014), elaborated in accordance with the SES approved by the Government Resolution of August 23, 2012 No 1080.

The book is recommended to a wide range of readers and researchers: undergraduate, graduate and doctoral students, practicing lawyers.

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In modern conditions of expanded political, economic and cultural relations of the Republic of Kazakhstan with many foreign states, foreign language communication becomes an essential component of the future professional activity of a specialist. Especially important is the professional-oriented approach to learning a foreign language, which forms the students' ability to communicate effectively in a foreign language in specific work related situations, taking into account their professional reasoning. The manual «ENGLISH FOR LAWYERS» is intended for students, graduates and doctoral students majoring in "Jurisprudence", studying professional foreign language, as well as for practicing lawyers. This manual has communicative and professional approach and is characterized by interdisciplinarity, multilevelness, and multifunctionality.

The course is aimed at the formation and development of general and professionally oriented communicative competence by future specialists, assuming the command of the language for specific purposes.

To achieve this goal a number of objectives are to be completed:

1. Assist future lawyers to form a general linguistic competence related to professional activities.

2. Develop students' understanding of the need for language and speech competence in the professional communication sufficient for adequate professional communication in the field of their activity.

3. Improve the language, speech, thematic and discourse competencies required for the successful implementation of professional activities.

4. Ensure the development of skills, abilities and competencies of self-exploration and research activities of students to acquire knowledge and ability to use their creativity to solve the problem tasks related to their job in real situations.

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CONTENTS

1. WHAT IS LAW?..............................................................................................

2. SOURCES OF LAW………………………………………………………….

3. CASE LAW AND CODIFIED LAW SYSTEM……………………………..

4. CONSTITUTIONAL LAW………………………………………………….

5. CIVIL LAW…………………………………………………………………..

6. CRIMINAL LAW…………………………………………………………….

7. FAMILY LAW………………………………………………………………..

8. LEGAL PROFESSIONS………………………………………………………

9. CONTRACT LAW……………………………………………………………

KEYS

DICTIONARY

LITERATURE

What is law?

Hours

Task 1. Read the text and learn the new words

There have many things which we may call laws. There are religious laws, laws passed by governments, laws in our families, and laws of conduc t that we follow in society. Instead of calling these things “laws”, we may call them guidelines, regulations, or rules. The difference between rules, regulations, guidelines and laws is the manner in which we, as a society, enforce our criteria for conduct. We do not ask the state to enforce many of the standards of conduct by which we live.

In order to draw a distinction between law and any of the other criteria by which we govern our conduct, we will define law as a body of rules which a group or community recognized as binding upon its members, and enforce through an agency of the state, usually a court.[1]

Religious, ethical and moral rules are often difficult to differentiate, and may well have a common root. Those who adhere to a religion will often derive from it their moral code. Christians will look to the Bible for guidance on what is right and what is wrong. Muslims look to the Koran, and Jews to the Torah. Ethical rules are a branch of morality and usually regulate the conduct of professional people such as doctors, lawyers and teachers, and their dealings with patients, clients and students. Law and morality may overlap, and this is mostly true of the criminal law, based as it is on moral and religious principles of wrongdoing, fault, punishment and retribution.

The natural law school of thought suggests that “bad” law either need not be obeyed or is not law at all, whereas the positivist school holds that, no matter how bad a law is, or the system by which it is made, if the recognized procedures for law making have been complied with, “the law is the law” and, in legal terms, should be obeyed.

It is not possible to distinguish law and custom by means of the type of action involved, since an action in one society may be a breach of custom and another a breach of law. In less developed societies, there may be a dependence on custom, in that this passes from one generation to another and the rate of change may be relatively slow. In complex societies, however, custom gives way to more formal rules and mechanisms for change. Vestiges remain, for example, social customs, local customary law and the customs and practices of the constitution.[2]