Иностранный язык в сфере юриспруденции итоговый и компетентностный тест Синергия 2 семестр — часть 2

Samantha: Hey Josh, what are you studying for your law exam?

Josh: Oh, just the usual. Legal ethics and administrative law.

Samantha: Ugh, I hate that stuff. So many rules to remember.

Josh: Tell me about it. And then there's comparative law on top of that.

Samantha: Comparative law? What's that again?

Josh: It's a comparison between different legal systems around the world. Like Chinese law, Islamic law, Jewish law, just to name a few.

Samantha: Wow, that sounds complicated. How do you keep all of that straight?

Josh: Well, thank goodness for my study group. We discuss and quiz each other on different types of laws and their applications.

Samantha: Oh yeah, I remember now. And don't forget about international law.

Josh: Right. That includes laws related to the United Nations, like treaties and human rights issues.

Samantha: Man, being a lawyer is not easy.

Josh: No kidding. But it's also fascinating to see how different societies have developed their own sets of laws.

Samantha: True. And the way those laws intersect with politics, social justice, and even war.

Josh: Exactly. There's so much to learn and explore in the field of law.

Question: According to the conversation, what helps Josh keep track of the different types of laws?

Text: Maria is a law student studying different legal systems around the world. In her recent class, the professor asked the students to identify the two main traditions of law. Maria is confused and wants to ensure she understands the differences between Common Law and Continental Law.

Question: Which of the following statements correctly identifies the two main traditions of law in the world?

Tom: John, I just read that there are hundreds of unique systems of law used around the world. It's crazy to think about all the different ways people interpret and enforce laws.

John: Yeah, it's fascinating how different societies can have such distinct legal systems. What did you find most interesting?

Tom: Well, according to this article, legal systems often evolve at two paces – gradual changes in response to societal attitudes, or rapid shifts due to major events like revolutions or conflicts. Can you imagine a complete overhaul of our legal system overnight?

John: It's definitely hard to wrap my head around. And geographical, historical, and political events can also shape a country's legal system.

Tom: Right! Like how in Western countries, Civil Law is the most prevalent type of legal system, tracing its origins back to the Roman Justinian code from the 6th century. But then other countries were influenced by the French Revolution and adopted the Napoleonic Code of Civil Law instead.

John: That's true. I've heard that even some African countries have Civil Law systems based on the Belgian influence during colonization.

Tom: Wow, I had no idea. These systems sound so complex.

John: Yes, they do. And all of them involve a national constitution, legislation, subordinate laws, traditions, and codes of laws. It's pretty impressive how these five elements come together to create a functioning legal system.

Tom: Absolutely. And it makes me appreciate the importance of having well-defined and enforced laws in our society.

John: Definitely. It may seem complicated, but ultimately, the goal is to maintain fairness and justice for everyone.

Question: Which historical event led to the creation of the Napoleonic Code of Civil Law?

Text: John is preparing for his final exam in his law course. He comes across a scenario where a country is involved in a dispute with another nation regarding trade regulations. He needs to determine which area of law primarily governs this situation.

Question: Which area of law is most relevant to the dispute between the two nations regarding trade regulations?

Lila: Have you read the new law passed by Congress last week? It's about regulating environmental pollution.

Mark: No, I haven't. How is it different from the current regulations?

Lila: Well, it gives more power to federal agencies in enforcing and monitoring compliance with environmental laws. And it also imposes stricter penalties for violations.

Mark: That sounds like a good step towards protecting our environment. But what about local laws? Do they have any impact on this issue?

Lila: Yes, definitely. Each state has its own set of environmental laws that are tailored to their specific needs and challenges.

Mark: Right, I remember learning about that in my Environmental Law class. So even if there are national laws in place, local governments can create additional regulations?

Lila: Exactly. They can provide more detailed rules that cater to the particular needs of the community. And these local laws must comply with both state and federal laws.

Mark: Interesting. These different levels of laws can get quite complex.

Lila: Definitely. And it reflects the unique history, culture, values, and political institutions of each sovereign state. That's why we have diverse legal systems around the world.

Mark: Yeah, I never realized how vast and intricate the field of law is.

Lila: It sure is. And keeping up with all the changes and developments is no easy task.

Mark: You're right about that. Thanks for explaining everything to me, Lila. I really appreciate it.

Lila: Anytime, Mark. That's what friends are for!

Question: According to Lila, why do we have diverse legal systems around the world?

Text: Emily is a law student in England who is interested in pursuing a career in the legal profession. She is trying to understand the differences between barristers, solicitors, and judges. Recently, she attended a seminar where different legal professionals spoke about their roles. After the seminar, Emily has a few questions regarding who does what in the legal system.

Question: Which of the following statements correctly describes the role of a barrister in England?

Text: Emily is a law student who has just completed a module on the initiation of legal actions in England and Wales. She is particularly interested in understanding the differences between starting a civil action and starting a criminal action. After reviewing her notes, she comes across the following statements regarding the processes involved.

Question: In England and Wales, which document is typically used to initiate a civil action in the High Court or County Court?

Carly: So you filed a claim against them after all?

Max: Yes, I had to. It was the only way to get what they owed me. And I couldn't just let it go and not do anything about it.

Carly: Right, but isn't going to court going to be expensive?

Max: It's worth it for what they did to me. Plus, there are legal aid services available if I need help with expenses.

Carly: That's true. But don't you have to prove your claims in order to win the case?

Max: Of course. They have to have merit and be based on solid evidence or proof. Luckily, I have everything organized and ready to present.

Carly: Good for you. Do you think their defense will hold up in court?

Max: Honestly, I'm not too worried about that. Their argument is pretty weak and easily disproven. My lawyer has already pointed out some holes in their defense.

Carly: You hired a lawyer? How much does that cost?

Max: Not nearly as much as I thought it would be. There are different options depending on your financial circumstances. Plus, my lawyer is confident we'll win this case.

Carly: Wow, okay. So how does the jury pick process work?

Max: Well, the judge oversees it and makes sure both sides agree on the jurors selected. The people chosen must listen to all the facts presented before deciding whether the defendant is guilty or not.

Carly: Interesting. What happens after the court proceedings?

Max: Once the trial concludes, the judge gives instructions to the jury and they deliberate the case. Then, when the verdict is announced by the foreperson, the official record of the trial is recorded by the court reporter.

Carly: Got it. So who else is involved besides the judge, lawyers, and jury?

Max: Well, there can also be interpreters for non-English speaking witnesses or defendants. And of course, the parties directly involved in the case - the plaintiff and defendant.

Carly: Hmm, okay. It seems like a complicated process, but hopefully justice will prevail in your case.

Max: Thank you, I'm really hoping so. I just hope the judge and jury see the truth and the wrong that has been done.

Question: Who oversees the jury selection process?

Text: Emily is a professional photographer who rents a studio space in a busy downtown area. One day, while she is setting up for a photoshoot, a heavy sign from an adjacent building falls and injures her. The sign was not properly secured, and Emily learns that the building owner had received complaints about it being loose but had not taken any action to fix it. Emily decides to file a lawsuit against the building owner for her injuries.

Question: What legal principle is at play in Emily's case when she decides to sue the building owner for her injuries?

Kelly: Wow, that's a lot of information on tort law. Did you understand all of it?

Mark: Honestly, most of it went over my head. I'm still trying to wrap my head around the concept of negligence.

Kelly: I remember studying this in college. Negligence is when someone breaches their duty of care and causes harm to another person, right?

Mark: Yeah, that sounds about right. But there are also certain defenses available in cases of negligence. Like for psychiatric injury or economic loss.

Kelly: Wait, so can anyone sue for those things under the premise of negligence?

Mark: Not necessarily. The courts use a three-step test to determine if there is a duty of care owed by the defendant to the victim.

Kelly: Ah, I see. So basically, the first step is proving that the harm was reasonably foreseeable?

Mark: Exactly. And then the second step looks at the relationship between the two parties - whether it's one of proximity or not.

Kelly: And finally, the third step considers if it would be fair and just to hold the defendant liable for their actions.

Mark: Right. It seems like the case of Caparo Industries Plc v Dickman was a turning point in establishing this threefold test.

Kelly: Yeah, it definitely set a precedent. But I can imagine it must have been challenging determining liability in a complex situation like that.

Mark: Definitely. And with the ever-changing laws and legal systems, it's important to constantly stay informed and educated.

Question: What are some defenses available in cases of negligence?