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THE SYSTEM AND CLASSIFICATIONS OF LAW

1. Устно прочитайте и переведите текст

Every country has its own historically developing system of norms, legal institutions and branches of law, which regulates different types of social relations. In order to understand different aspects of a system of law it is necessary to look at various classifications of law, as branches of law are traditionally considered to be the most important elements of this system. Numerous classifications that vary from country to country usually reflect the peculiarities of different systems of law. Nevertheless there are the most common divisions singled out by contemporary jurists. Thus law is frequently classified into public and private and substantive and procedural.

The distinction is often made between public and private law. Public law governs the relationship between the state and an individual, who is either a company or a citizen. Public law covers three subdivisions: constitutional, administrative and criminal law.

Constitutional law deals with the structure of the government and the relations between private citizens and the government.

Administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) in such areas as police law, international trade, manufacturing, the environment, taxation, immigration and transport.

Criminal law, or penal law, is the body of law that relates to crime, i.e. illegal conduct that is prohibited by the state and sets out the punishment to be imposed on those who break these laws. A crime is considered to be an offence against the public, although the actual victim may be an individual. This is because the state considers anti-social behaviour not simply as a matter between two individuals but as a danger to the well-being and order of society as a whole.

Private law is also known as civil law. It involves relationships between individuals, or private relationships between citizens and companies. The main branches of private law are contract, tort, family, employment and land law.

Contract law deals with legally binding agreements between people or companies that are called parties to a contract.

Tort law deals with civil wrongs which result in physical, emotional or financial harm to a person or property. Tort cases comprise road accidents, defamation, product liability (for defective consumer products), copyright infringement, environmental pollution (toxic torts), etc.

Family law is an area of the law that deals with family-related issues such as marriage and divorce, adoption, custody of children, child abuse and alimony.

Employment law is law relating to the employment of workers, their contracts, conditions of work, trade unions and legal aspects of industrial relations. Employment law is also called labour law.

Land law is the law which deals with rights and interests related to owning and using land.

Land is the most important form of property, so the name land law is often used for the law of property.

The next classification which is widely used is subdivision of law into substantive and procedural. There are many laws and legal rules found in statutes, cases decided by courts (legal precedents) and other sources that are applied by courts in order to decide lawsuits.

These rules and principles of law are classified as substantive law. On the other hand, the legal procedures that provide how lawsuit is begun, how the trial is conducted, how appeals are filed, and how a judgment is enforced are called procedural law. In other words, substantive law is the part of the law that defines rights, and procedural law establishes the procedures

which enforce and protect these rights. For example, two parties entered into a contract, but then one of the parties breached this contract. The rules of bringing the breaching party into court and the conduct of the trial are rather mechanical and constitute procedural law. Whether the agreement was enforceable and whether the other party is entitled to damages are matters of substance and will be determined on the basis of the substantive law of contract.

2. Подберите русские эквиваленты к следующим словам и выражениям из текста.

1) reflect the peculiarities of different systems of law

2) common division

3) subdivision of public law

4) contemporary jurists

5) legally binding agreement

6) product liability

7) child abuse

8) custody of children

9) to enforce a judgment

10) to enter into a contract

3. Найдите в тексте английские эквиваленты

1) международная торговля

2) налогообложение

3) запрещать противоправное поведение

4) нарушить закон

5) стороны договора

6) алименты

7) трудовое право

8) условия труда

9) форма собственности

10) источники права

11) решать судебные споры

12) вести судебный процесс

13) подавать апелляцию

14) обеспечивать соблюдение прав

15) иметь право на возмещение ущерба

4. Найдите в тексте синонимы (схожие по смыслу) к следующим словам и выражениям.

1) a contract,

2) a person,

3) a tort,

4) labour law,

5) modern,

6) land law,

7) a financial compensation,

8) relations,

9) breach of law,

10) a classification.

5. Ответьте на вопросы по тексту

1) What does a system of law include?

2) How is law usually classified? Why are classifications of law so important?

3) What is the difference between public and private law?

4) What does public law include?

5) A victim of a crime is usually an individual. Why is criminal law considered to be a branch of public law?

6) Why do you think private law is sometimes called civil law?

7) What are the main branches of private law? What do they deal with?

8) What examples of tort cases can you give?

9) How do you understand the term “substantive law”?

10) What does procedural law determine?

6. Назовите отрасли права, которым соответствуют следующие определения.

1) An area of law which concerns disputes between citizens within one country.

2) A branch of law which regulates relations between private citizens and the government, describes the structure of the government and rights and duties of the citizens.

3) An area of law which describes legal rights, obligations, rules and precedents used by courts in order to give judgement.

4) An area of law which concerns disputes between private citizens and the state.

5) A branch of law which deals with functions and powers of governmental organisations, their relations with one another and the citizens.

6) An area of law which determines how the case must be presented, in which court it shall

be heard and when it must be tried.

7) A branch of law which deals with civil wrongs committed by one individual against another person, his property or reputation.

7. Заполните пропуски словами из рамки и переведите предложения на русский язык

a) Family law relates to family matters and domestic relations. It deals with areas such as marriage and (1), child (2), child/spousal abuse, adoption and alimony.

b) Tort law deals with (3) wrongs, such as negligence, defective products and libel. It deals with liability (i.e. who has committed the wrong) and the (4) that are paid to the person or people who have suffered as a result.

c) Criminal law is a branch of law also known as (5) law; this branch is distinguished from civil law. It relates to (6) acts committed against individuals and punishable by the state.

d) This branch of law is distinguished from (7) law. It refers to the area of law that deals with relations between private individuals (for example wills, contractual disputes and torts such as negligence and libel).

e) Labour law is the area of law which relates to the (8) of workers. It encompasses issues such as contracts, conditions of work, trade (9) discrimination, redundancy and wrongful dismissal.

f) Criminal procedure is the area of law which regulates the way in which legal proceedings are conducted in (10) cases. It deals with issues such as police powers (interrogation of suspects, decision to prosecute, etc), confessions, criminal rights, criminal (11), the functions of judges and jury, witnesses, verdicts and appeals.

8. Опираясь на текст, составьте схему «Классификация права в английском языки»