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United states law. Сходства и различия между этими системами. 9. Внеаудиторная работа. Подготовьте сообщения для круглого стола о реформировании российской правовой системы в последние годы. Для этого заранее определите круг вопросов и распределите их сре
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TEXT 10
UNITED STATES LAW
It is a type of common law, which is the basis of the legal system of the United States and that of its island possessions in the Caribbean and the Pacific. This legal system has several layers, more than in most other countries, and defined the division between federal and state law. The United States was founded not as one nation but as a union of 13 colonies, each claiming independence from the British Crown. The US Constitution, implemented in 1789, began shifting power away from the states and toward the federal government, though the states today retain substantial legal authority.
US law draws its authority from four sources: constitutional law, statutory law, administrative regulations, and case law.
Constitutional law is based on the US Constitution and serves as the supreme federal law. Taken together with those of the state constitutions, these documents outline the general structure of the federal and state governments and provide the rules and limits of power.
US statutory law is legislation enacted by the US Congress and is codified in the United States Code. The 50 state legislatures have similar authority to enact state statutes.
Administrative law is the authority delegated to federal and state executive agencies.
Case law, also referred to as common law, covers areas where constitutional or statutory law is lacking. Case law is a collection of judicial decisions, customs, and general principles that began in England centuries ago, that were adopted in America at the time of the Revolution, and that continue to develop today.
8. Работа в парах или в небольших группах. Дополните сравнительную таблицу об английской, американской и российской правовых системах. Обсудите с коллегами
сходства и различия между этими системами.
Table 1. Comparative Analysis of Anglo-American and Russian Legal Systems
| USA | UK | Russia |
| Originally was based on_1___________. Now its influence is limited. Legislation of state Louisiana is based on_2_______________, but is strongly influenced by common law. - mixed system (in some states 3_____________ is applied, in others it is not used). - Constitution. - statutes and constitutions of states. - codes at all levels (federal, state). Three levels: - local, - state, - federal. States are independent, each has its own 4____________ following either the UK or European tradition. | Origins no influence of 5____________. Sources of law - 6_____________, - statutes (Acts of Parliament), - no codes, - no written 7_____________. Levels of Regulation - unilateral state, - one level. | is based on 8__________________ principles, but influenced by the US system. - Constitution, - statutes, - codes, - no 9_____________, but there are some decisions of the Supreme Court that are considered by some lawyers to be sources of law. Three levels: - local, - regional, - federal. Supremacy of federal regulation. Regional and local levels are not as independent as they are in the USA. |
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9. Внеаудиторная работа. Подготовьте сообщения для круглого стола о реформировании российской правовой системы в последние годы. Для этого заранее определите круг вопросов и распределите их среди коллег по группе. Изучите предлагаемые рекомендации по подготовке круглого стола и используйте их.
Recommendations on the Round Table Discussion Organizing
What does a Round Table conference mean? What is it for?
It means that several professionals take part in the discussion, expressing their views on the reasons, essence and consequences on some event or a problem. The purpose of holding such conferences is to clear up the scientific or international approach to such problems.
What is to be done?
1. Choose the topic for your report at the Round Table conference.
2. Choose the discussion leader who will combine the functions of the chairperson and the presenter.
3. Your report should have three main sections: introduction, main body and conclusion.
4. It should take 3-5 minutes.
5. If you are eager to add any other information to your friends’ presentation – go ahead!
6. While speaking on your topic, try to use the link words and phrases, or sometimes they are called “discourse markers”, which will show how the ideas in your reporting interrelate. Besides they will make your show more understandable, colorful and attracting everybody’s attention.
Words and phrases, useful to make your report at the Round Table conference:
a) A presentation should begin with a clear statement of the topic:
- My presentation deals with the topic of …
- I would like to explain…. in my presentation
- the aim of this report is to…
- the presentation is intended to …
- let’s start with…
b) establishing a sequence:
- as a next step,
- finally,
- first of all.
d) contrasting:
- however,
- alternatively.
e) referring to the past:
- traditionally,
- historically,
- initially.
f) drawing a conclusion:
- as a consequence,
- thus,
- accordingly,
- consequently.
g) emphasizing:
- in fact,
- in particular,
- clearly.
h) summarizing:
- in short,
- summarizing,
- in other words,
- briefly.
i) your point of view:
- from my point of view,
- however, in my opinion.
j)to take part in the discussion of the problem:
- I’m not sure I follow you,
- Did you say that..?
- Sorry, I’m not sure I understand.
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- as far as I can see, the main issue is …
- allow me to explain, ..
- it means that…
- so, in other words, …
- to put in another way, …
- let me add that…
- yes, but that’s only one side of the problem.
- sorry, could I please just finish my point?
- going back to what I was saying, …
- would you mind clarifying …
Recommendations to the chairperson:
1. announce the name of the conference,
2. speak on the importance of such conference to stop the spreading drug addiction on the whole,
3. introduce the participants, name the topics of their reports,
4. mention the time limit of 5 minutes for speaking,
5. ask to put down the questions to be discussed later,
6. give the floor to the fist speaker and announce his topic,
7. after his speech control the situation and go on with introducing every next participant,
9. after all the speakers have taken the floor, ask if there are any questions, summarize the information discussed at the conference
10. thank everybody for participation.
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