Выполненный юнит по английскому языку №0014

План (содержание) работы Выполненный юнит по английскому языку №0014:

Задание 1

C) Text

STARTING ACTIONS IN COURT

(1) When a person is in dispute with another person, sometimes it is necessary to start a claim in the civil court. This process is called "filing a claim" or "issuing a claim". In England most civil claims are filed with the county court. There are over 200 county courts in England and Wales. Most cities and large towns have a county court. A claim form is the document that a claimant uses to start legal action against the defendant.

(2) Why might a claimant start a claim? There are a lot of reasons, for example:

• someone refuses to pay you money that they owe to you

• someone does a job for you, but they do it badly. This is called bad workmanship

• something that you paid for is not supplied to you

• something that you bought is not working properly.

The claimant has to pay a sum of money, called a court fee, for the court to issue proceedings. In the claim form, the claimant must state the amount of his or her claim and request the defendant to pay all of the legal costs of the case.

(3) In civil cases, the court can award damages to the person who has suffered as the result of wrongdoing. In certain circumstances, the court will issue an injunction to prevent the wrongdoing from occurring again. Sometimes people talk about "the small claims court". They really mean the special procedure that exists at the county court for small claims. A small claim is a claim for a maximum amount of ?5,000. This amount is likely to increase in the future.

(4) Criminal actions are started by the state. Having arrested the suspect, the police must decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on condition that he appears on a certain day at a certain magistrates’ court. This is known as unconditional bail. However, the police may instead take a suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail — that is, release the suspect provided that he puts some money as security. If the defendant is found guilty, the court can order punishment. This can either be a custodial sentence, which means going to prison, or a non-custodial sentence such as a fine, probation or a community service order.

 

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Задание 2

B. Answer the following questions.

1. What can a person do if he is in dispute with another person?

2. What is this process called?

3. Where are civil claims filed in England?

4. How many county courts are there in England and Wales?

5. What is a claim form?

6. Why might a claimant start a claim?

7. In what case will the court issue proceedings?

8. What does the claimant state in the claim form?

9. What can the claimant who has suffered as the result of wrongdoing be awarded?

10. Why can an injunction be issued?

11. What is "the small claims court"?

12. What claim is considered to be small?

13. Why do you think the amount is likely to increase in the future?

14. Who starts criminal actions?

15. What must the police do after arresting the suspect?

16. On what condition can the police release the suspect who has been charged?

17. Where can the police take the suspect instead?

18. Who can grant a conditional bail?

19. What is a conditional bail?

20. What can punishment be for a criminal action?

 

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Задание 3

Exercise 1. Read the letter below.

Dear Mr Aikenside

Personal injury claim

Thank you for your instructions in connection with a personal injury that you sustained two days ago. It was a pleasure to meet you at this office.

To enable me to proceed with this matter properly, I would be grateful if you give your attention to the following points:

1. I have enclosed our client care letter. This sets out our fees and the basis on which you instruct this firm to act as your lawyers. You should be aware that this forms a binding legal contract between us and so you must ensure that you understand the contents. When you have read the letter, please sign it and return it to me as soon as possible. I am unable to proceed with your legal matters until I have received this letter.

2. I have drafted a witness statement which is a statement of truth about your claim. This has to be filed at the court together with your claim form. The claim is against Greenwater shopping centre, where you instructed me that you slipped on an oil-like substance on the floor, fell over and sustained an injury to your back. Please read this statement carefully to ensure that all the facts are correct, before signing it and returning it to me. It is my professional duty to inform you that this document forms the grounds of your claim at court and it is your duty to tell the truth. If you deliberately include facts that are not true, and reaffirm them under oath in court, then you may be prosecuted for perjury, which is the criminal offence of not telling the truth before court.

I look forward to receiving both the signed client care letter and the signed witness statement. As soon as I have received both documents I can proceed with your claim.

If you have any questions about either document, or the case in general, please do not hesitate to contact me and I will be happy to go through any points with you. You can contact me by telephone, or contact my secretary to arrange a convenient meeting.

Yours sincerely

Adam Hicks

 

A. Find the answer to the following questions.

1. How is it possible to thank the client who has applied to the law firm?

2. How can you refer to the previous contact?

3. How can you ask the client to do something politely?

4. How can you say that you cannot continue working on the case politely?

5. How can you warn the client about something?

6. How can you say that you are waiting for your clients actions?

7. How can you encourage the client to ask questions?

 

B. Here there are some explanations of the terms used in the letter. Find them and translate into Russian.

 

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