Раздаточный материал по английскому языку для студентов,обучающихся по специальности: "Правоведение".
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Лексический материал по английскому языку для студентов специальности: «Правоведение».      

      Law.      

fair / just law — справедливый закон

stringent law — строгий закон

unwritten law — неписаный закон

in law — по закону, законно

according to the law — в соответствии с законом

to go beyond the law — совершить противозаконный поступок

to keep within the law — придерживаться закона

to lay down the law — формулировать закон

to administer / apply / enforce a law — применять закон

to annul / repeal / revoke a law — аннулировать, опротестовать закон

to break / flout / violate a law — нарушить, преступить закон

to adopt / enact / pass a law — принимать закон

to cite a law — цитировать закон

to declare a law unconstitutional — объявить закон противоречащим конституции (в США)

to draft a law — готовить законопроект

to interpret a law — толковать закон

to obey / observe a law — соблюдать закон, подчиняться закону

to promulgate a law — опубликовать закон

to take the law into one's own hands — расправиться без суда

There is no law against fishing. — Нет закона, запрещающего рыбную ловлю.

It is against the law to smoke in an elevator. — По закону запрещено курить в лифте.

      to read / study law — изучать право, учиться на юриста

to practise law — быть юристом

to go to law — подать в суд; начать судебный процесс

to be at law with smb. — судиться с кем-л.

It is Sod's Law that we spend the least time in the most attractive places. — По закону подлости в самых привлекательных местах мы проводим меньше всего времени.

 Murphy's Law — = Murphy's law закон Мёрфи, закон    подлости

he is a law unto himself — для него не существует никаких законов, кроме собственного мнения

 Necessity / need knows no law. посл. — Нужда не знает   закона.

 to give (the) law to smb. — навязать кому-л. свою волю

the law of the jungle — закон джунглей

in the eyes of the law — в глазах закона

everyone is equal under the law — все равны перед законом

the letter of the law — буква закона

the spirit of the law — дух закона

Sod's Law — = Sod's law закон подлости

Раздаточный материал для студентов специальности: «Правоведение».

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 Civil law-гражданское право.

Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case. 

  Civil law in contrast to criminal law, martial law, administrative law and international law

In the common law, civil law is the area of laws and justice that affect the legal status of individuals. Civil law, in this sense, is usually referred to in comparison to criminal law, which is that body of law involving the state against individuals (including incorporated organizations) where the state relies on the power given it by statutory law. Civil law may also be compared to military law, administrative law and constitutional law (the laws governing the political and law making process), and international law. Where there are legal options for causes of action by individuals within any of these areas of law, it is thereby civil law.

Civil law courts provide a forum for deciding disputes involving torts (such as accidents, negligence, and libel), contract disputes, the probate of wills, trusts, property disputes, administrative law, commercial law, and any other private matters that involve private parties and organizations including government departments. An action by an individual (or legal equivalent) against the attorney general is a civil matter, but when the state, being represented by the prosecutor for the attorney general, or some other agent for the state, takes action against an individual (or legal equivalent including a government department), this is public law, not civil law.

The objectives of civil law are different from other types of law. In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute. If there is a victim, they get compensation, and the person who is the cause of the wrong pays, this being a civilized form of, or legal alternative to, revenge. If it is an equity matter, there is often a pie for division and it gets allocated by a process of civil law, possibly invoking the doctrines of equity. In public law the objective is usually deterrence, and retribution.

An action in criminal law does not necessarily preclude an action in civil law in common law countries, and may provide a mechanism for compensation to the victims of crime. Such a situation occurred when O.J. Simpson was ordered to pay damages for wrongful death after being acquitted of the criminal charge of murder.

Civil law in common law countries usually refers to both common law and the law of equity, which while now merged in administration, have different traditions, and have historically operated to different doctrines, although this dualism is increasingly being set aside so there is one coherent body of law rationalized around common principles of law.

Раздаточный материал для студентов специальности: «Правоведение».

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Criminal law-уголовное право.

Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. Criminal law is the principal means by which the government identifies and criminalises behaviour that is considered wrong, damaging to individuals or to society as a whole or is otherwise unacceptable. The criminal justice system is the mechanism by which action is taken to deal with those suspected of committing offences. The criminal justice system refers to the whole process from the initial investigation of a crime through to acquittal or to conviction and sentence in the criminal courts.

Раздаточный материал для студентов специальности: «Правоведение».

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Constitutional law-конституционное право.

Constitutional law is a body of law dealing with the distribution and exercise of government power.

Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, etc.

Functions of constitutions

  State and legal structure

Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.

  Human rights

  Human rights and Human rights law

Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments.

Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington] illustrates a constitutional principle deriving from the common law. John Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that,

"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."

Inspired by John Locke, the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law.

The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings.

 Legislative procedure

Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election.

Study of constitutional law

Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take a class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues.

Раздаточный материал для студентов специальности: «Правоведение».

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 Family law-семейное право.

Family law is an area of the law that deals with family-related issues and domestic relations including:

• the nature of marriage, civil unions, and domestic partnerships;
• issues arising throughout marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction 
• the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support and alimony awards).

This list is by no means dispositive of the potential issues that come through the family court system. In many jurisdictions in the United States, the family courts see the most crowded dockets. Litigants representative of all social and economic classes are parties within the system.

For the conflict of laws elements dealing with transnational and interstate issues, see marriage (conflict), divorce (conflict) and nullity (conflict).

Family Law may also refer to the marriage contract in Islamic faith, which includes the allowance of men to marry up to four wives, under certain circumstances.

 Criticism of Family Law

 Fathers' rights movement

Members of the fathers' rights movement criticize the "win or lose" nature of family law in determining issues of divorce and child custody in many Western countries. Cross-national parties dealing with legal systems in different countries simultaneously grapple with substantive and procedural issues regarding child concerns.

Advocates of Alimony reform also critique the Family Law system. They argue that current system pits divorcing couples against each other over child support and alimony, creating a hostile environment for the family and requiring large payments to divorce attorneys

Раздаточный материал для студентов специальности: «Правоведение».

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Labour law-трудовое право.

Labour law (or "labor", or "employment" law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors will work. Government agencies (such as the former U.S. Employment Standards Administration) enforce employment standards codified by labour law (legislative, regulatory, or judicial).

Labor law history

  History of labour law

Labor law arose due to the demands for workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.

Individual labour law

  Employment contract and At-will employment

The basic feature of labor law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of state laws allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including a termination in violation of public policy.

One example in many countries is the duty to provide written particulars of employment with the essentialia negotii (Latin for essential terms) to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is.

    Minimum wage

There may be law stating the minimum amount that a worker can be paid per hour. Australia, Belgium, Canada, China, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.

Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labour market parties (unions and employer organisations) through collective agreements that also cover non-union workers and non-organised employers.

Minimum wage laws were first introduced nationally in the United States in 1938, India in 1948, France in 1950, and in the United Kingdom in 1998. In the European Union, 18 out of 25 member states currently have national minimum wages.

 Working time

 Eight-hour day

Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14–15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children. The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.

After England, Germany was the first European country to pass labour laws; Chancellor Bismarck's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag. The Chancellor, then, adopted a different approach to tackling socialism. To appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security. The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, while old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.

In France, the first labour law was voted in 1841. However, it limited only under-age miners' hours, and it was not until the Third Republic that labour law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions. With the Matignon Accords, the Popular Front (1936–38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime).

• Lochner v. New York, 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day.

Health and safety

Occupational safety and health

Other labour laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers.