LEGAL ENGLISH FOR MASTER’S PROGRAMME
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KUTAFIN MOSCOW STATE LAW UNIVERSITY A. KONTANISTOVA, I. MARTYNENKO, O. KOVRIGINA, V. KREUZOVA LEGAL ENGLISH FOR MASTER’S PROGRAMME Moscow 2016
Transcript of LEGAL ENGLISH FOR MASTER’S PROGRAMME
KUTAFIN MOSCOW STATE LAW UNIVERSITY
A. KONTANISTOVA, I. MARTYNENKO,
O. KOVRIGINA, V. KREUZOVA
LEGAL ENGLISH
FOR MASTER’S PROGRAMME
Moscow
2016
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Preface
Настоящее пособие предназначено для обучения студентов-
магистрантов юридических специальностей всех форм обучения, изучающих
английский язык по программе «Иностранный язык в правоведении».
Курс рассчитан на 72 академических часа основной образовательной
программы (ООП) магистратуры, 12 часов из которых проводятся в аудитории
под руководством преподавателя, а 60 часов отпущены на самостоятельную
работу студентов.
Каждая глава (Unit) обособлена тематически и рассчитана на
тщательный разбор материала в аудитории вместе с преподавателем и
закрепление его затем во время самостоятельной работы при помощи
упражнений. Пособие содержит приложение (Supplement) с дополнительными
текстами и упражнениями для расширения профессионального кругозора
студентов, а также ключи к этим упражнениям для улучшения самоконтроля.
По завершении курса в качестве экзаменационного зачета предполагается
защита проекта «Электронное портфолио достижений магистранта для
трудоустройства» в форме презентации, а также составление договора на
английском языке.
Курс носит практический характер и направлен на развитие как
коммуникативных компетенций студентов (построение беседы с клиентом,
телефонный разговор), так и на обучение магистрантов составлению
договоров на английском языке, чтению англоязычной прессы и составлению
рабочего и демонстрационного портфолио.
Учебник подготовлен преподавателями Кафедры английского языка №2
Московского государственного юридического университета имени О.Е.
Кутафина – Контанистовой А.И., Мартыненко И.А., Ковригиной О.С.,
Креузовой В.С. Ответственные редакторы – доцент Кафедры англ. яз. №2
Ратникова Е.В., кандидат филологических наук, доцент, зав. Кафедрой англ.
яз. №2 Ильина Н.Ю.
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CONTENTS
UNIT 1. INITIAL INTERVIEW WITH A CLIENT
UNIT 2. SKILLS OF EFFECTIVE PRESENTATION
UNIT 3. TELEPHONING
UNIT4. CONTRACTS
UNIT 5. READING NEWSPAPERS
UNIT 6. PORTFOLIO
SUPPLEMENT
KEYS TO SUPPLEMENT EXERCISES
BIBLIOGRAPHY
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UNIT 1
Lead-in
Before reading the text please answer the following questions.
Why is the first interview so important? What are lawyer’s purposes? What
are client’s goals?
Which stages of an interview are considered to be essential?
What techniques may a lawyer employ to keep the conversation going?
What questions may a lawyer ask? What are their purposes?
What does initial advising include?
Initial Interview with a Client
Client interviewing is one of the most important skills required of a lawyer.
The primary aims of an initial interview are to establish good working relations with
a client, to gather information and ascertain the facts of the case, to develop a theory
of the legal issue involved and to create a feeling of confidence in the client as to
lawyer’s professionalism, competence and commitment to their case. A lawyer
should plan the first interview with a potential client in advance. This will allow him
or her to determine what is relevant and to structure the interview so that all the
relevant information is obtained. Nevertheless, the constituent parts of a typical
interview include listening, questioning and advising.
All initial interviews typically begin with so-called ice breaking, where a
lawyer gets a client to talk, engaging him in a brief small talk. The topics of a small
talk are quite diverse. You as a lawyer may ask the client whether he had any trouble
finding the office or finding a place to park, apologize if he had to wait, get him to
give you a bit of personal background about himself. You may also determine if the
client needs to place any time constraints on the length of the interview. It is a good
idea to advise the client on the confidentiality of your communication at the very
beginning of the consultation. It is also essential to discuss fees you are going to
charge. The rules of professional conduct require that the fees must be reasonable.
There are several factors which are taken into account in determining whether a
lawyer's fee is reasonable, i.e., the time and labour involved, the novelty and
difficulty of the question involved, the skill required to perform the legal service
properly, the likelihood that acceptance of the fee will preclude other employment
by the lawyer, the time limitations imposed by the circumstances and/or the client,
reputation and ability of the lawyer.
To get a clear picture of the client's goals and concerns, a lawyer ought to
employ essential listening skills. Listening is different from hearing as it involves
deep mental analysis of what you have heard: it includes the way in which things are
said, and the body language displayed while they are being said. To show the client
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that a lawyer is listening to him attentively it is important for the latter to give
continuous feedback in the form of short phrases. It is a good idea to encourage the
client to speak by using phrases and words like ‘I see’, ‘that’s interesting’, ‘go on’,
‘right’, ‘yes’, etc. Even meaningless encouraging noises (‘mmm’, ‘uh-huh’, etc.) can
be helpful in this context. Feedback may also be used to summarize what s/he has
been told by the client and clarify it with the client. This process allows the lawyer
to investigate further the matters being summarized and invite the client to expand
upon or clarify certain issues. Proper feedback helps to encourage the client to
communicate with the lawyer, for example, when the client seems to lack confidence
about the relevance of an issue. Giving positive feedback at this stage enables the
lawyer to obtain fuller information from the client than might otherwise be possible.
It is important for a lawyer to demonstrate interest in the client and in what
the client is telling him, paying attention to the body language in this regard.
Speaking to a client a lawyer should face him squarely, adopting an open posture
that indicates involvement and suggests that you are receptive to the client. A slight
lean forward will also show the interest in the client. Eye contact indicates lawyer’s
concern and interest as well.
Effective listening is impossible without clarification and asking questions.
When a lawyer wishes to probe, he usually starts with open-ended questions, e.g.,
who, what, when, where, why, and how, and follows that with specific narrow
questions, which require short answers, for example: What was your best offer then?
An interviewer can not do without closed questions that can only be answered with
“yes” or “no”. Leading questions are a particular kind of closed question in which
the question contains the answer. Disjunctive questions perfectly serve this purpose.
These kinds of questions are useful in client interviews when you require specific
information or admissions of specific facts from the client.
A common problem in interviews is that the client may become confused or
frustrated because he cannot see the connection between the questions he is being
asked and the issue on which he is seeking the advice. The client never thinks like a
lawyer, and may therefore perceive the questions as irrelevant. The only way to
tackle this problem is to explain carefully to the client why the question is relevant
to the issue on which the advice is being sought.
After receiving all the necessary information from the client a lawyer proceeds
to advising him on the case. It may be best to start by identifying the client’s aims
concerning the outcome of the case and top priorities. Then a lawyer provides the
client with a quick rundown of the applicable law and outlines the client’s options.
Finally, a lawyer and a client must agree what follow-up actions are to be taken.
Advising a client a lawyer must try to avoid using legal jargon. Jargon has its
uses within the legal community –it is a shared language full of familiar terms and
common expressions. But it is likely to mystify and alienate the client. If a lawyer
wants to be an effective interviewer and a communicator he should speak plainly,
using everyday terms and find alternatives for legal jargon.
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When you as a lawyer have to deal with difficult or sensitive subject or
difficult or sensitive people, it is sensible to choose words carefully. There are a few
suggestions which may soften the way in which you express yourself. The use of
“would, could or might” makes what you say sound more tentative. For example,
you might say, ‘this could be a problem’ instead of ‘this is a problem’, in order to
leave open the possibility that it may be possible to find a solution to the problem.
If you present your view as a question rather than a statement, it will indicate that
you are ready to leave the matter open for further discussion. For example, you might
say, ‘how about offering them…?’ instead of ‘we’ll offer them…’. The use of a
comparative (better, more convenient) softens your message. For example, ‘It would
be better if you could agree to… ’instead of ‘This proposal is not acceptable. We
want . . .’
If you are going to conduct an initial interview with a client the following tips will
be of great importance for you:
Legal interviewing is not just about obtaining information. It helps
establish an effective relationship with the client.
Plan your interview, but leave enough flexibility and time for the client
to be treated as an individual with a unique set of issues.
Show empathy, rather than sympathy, with the client's situation.
Pay attention to your behaviour when the client is speaking. Stay
attentive and interested.
‘Listen’ to the non-verbal signals the client sends out as well as the
words they say.
Clarify what the client tells you by paraphrasing or questioning.
If necessary, take notes to help you remember key information.
Offer potential solutions to the client, but let them decide which course
of action to pursue.
Listen to the client's worries. Be clear about fees and timescales.
EXERCISES
Exercise 1.
Read 2 lawyer-client interviews. Which techniques do lawyers use to establish
a contact with a client and keep the conversation going? Study the checklist
which is supposed to help a lawyer to prepare for and structure the first client
interview. Which recommendations mentioned in the checklist do the lawyers
follow? Support your ideas with the examples from the dialogues. Which points
from the checklist have not been covered? What would you add to improve the
dialogues?
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Dialogue 1
Lawyer: Hello, Mr. Berger?
Client: That’s right.
Lawyer: I hope you’ve managed to find us alright?
Client: Yeah, no problem. Sorry I’m a bit late, by the way. I’ve got caught up in a
bit of traffic by the railway station.
Lawyer: Yes, it’s terrible round there, isn’t it? They’ve been digging up the road for
I don’t know how long – at least a year I guess. Putting in new gas pipes I’m told.
But traffic’s a nightmare there at the best of times.
Client: Well, I’ll know for next time anyway.
Lawyer: Anyway, come on through. How can I help you?
Client: (looking at his watch): Right, well I’m a bit pushed, so I’ll get down to
business, if you don’t mind.
Lawyer: Of course.
Client: Right. I’m the CEO of a local construction firm, Maynards, as you probably
know, and I’m after some advice on employment issues, particularly on unfair
dismissal. Basically, the problem I’ve encountered recently is that I discovered that
one of my managers, Brian Turner, who came to us a year ago from a rival firm –
had previously done time. He hadn’t disclosed the fact to us. Now I’ll tell you
straight up, I’m strict on that sort of thing – I expect complete frankness from my
people, and they know they’ll get the same from me in return. So I took the view
this was a serious breach of trust and decided he had to quit.
Lawyer: Sorry to interrupt, but on what date did this happen?
Client (takes out a diary): Just a moment . . . Right, here it is – exactly four weeks
ago.
Lawyer: (makes notes): Thank you. Please carry on.
Client: Yes. So the issue we’re facing now is that he’s threatening to take us to the
employment tribunal for unfair dismissal.
Lawyer: OK, I see the problem. Do you happen to know what Mr. Turner was sent
to prison for – what offence – and how long ago was this?
Client: No, I don’t. Are those relevant issues?
Lawyer: They are, yes. To put the thing in a nutshell, the whole issue essentially
hinges on whether the conviction which led to Mr. Turner being sent to prison could
be classified as a ‘spent conviction’ at the time he was dismissed. If it was a spent
conviction, then the law says that dismissal is automatically unfair. If not, the
question of whether it was unfair or not depends on a number of criteria that are
really to do with Mr. Turner’s general conduct and capacity to do the work, but
perhaps we can leave those issues to one side for a moment . . .
Client: I’m sorry but what does this ‘spent conviction’ thing actually mean?
Lawyer: Right, sorry. It comes from a bit of legislation called the Rehabilitation of
Offenders Act. The general idea is that if you’re convicted of an offence – unless it’s
extremely serious – and you’re sent down for less than 2.5 years, then your
conviction will eventually be ‘spent’ if you’re not convicted again of another offence
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during a specified period. This is called the rehabilitation period. Generally
speaking, the more severe a penalty is, the longer the rehabilitation period.
Client: OK, I get the point. So where do we go from here?
Lawyer: Well, I’d need to know (1) what offence Mr. Turner was convicted of, and
(2) how long ago this was, and (3) whether he was convicted of any other offences
in the rehabilitation period, in order to work out whether the conviction was spent at
the time he was dismissed.
Dialogue 2
Client: Hello, Mr. Langston and thanks once again that you managed to fit me in at
such short notice.
Lawyer: Not at all, Mr. Hall. I think the quicker we can work out a response to this
matter the better. Now, let me see. I have here a copy of the original contract between
Pixeltechnik and Digital Work and I also have a copy of the correspondence which
was exchanged between the two companies. But can I start by asking you to describe
what happened?
Client: Well, in June I was contacted by my production manager. He informed me
that our random sampling was showing inconsistencies in every screen and that we
were going to shut the production down.
Lawyer: Hmm…and what happened next?
Client: I joined him in the production area and we arranged a series of checks to
find out what the problem was. It turned out to be a minor error in chemical
processing. It meant that the screens were not consistently as bright as they should
have been.
Lawyer: Could you explain to me what you mean by ‘not consistently’?
Client: Well, the screens might still have conformed to the agreed product
specification, but they didn’t pass our stringent tests. And that’s what matters. You
see, the whole process is patented. It means that our digital display screens can be
seen perfectly – even in bright sunshine and…
Lawyer: Yes, but let me take you back to the question of these defects. Are you
saying that the screens were not defective as defined in Annex 1 to the contract?
Client: I think as far as the contractual specifications are concerned the screens were
probably still OK. But we knew there was a processing error. The screens might
have developed malfunctions at a later stage. We just thought it was better for the
reputation of Pixeltechnik not to take any risk.
Lawyer: Ok. Can you explain why you had to recall so many screens? 5,000 wasn’t
it?
Client: At first, we thought only one batch – 500 units – were affected. But when
we checked it became clear that we had had the error for about ten days.
Lawyer: So, if I understand you correctly, you are saying that your production
manager only found the production error ten days after it started.
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Client: I’m afraid, that’s right. For ten days the test results showed slight
inconsistencies in screen brightness but it seems that our technicians misinterpreted
the results and thought the screens were fine.
Lawyer: What did your company do then?
Client: We contacted Digital Work immediately and informed them about the
product recall.
Lawyer: And how did they react?
Client: They were not very pleased but we agreed on a schedule for delivery of
5,000 screens and Pixeltechnik accepted the full financial consequences of late
delivery.
Lawyer: This would be clause 1.4 …er… ‘for every week or part thereof by which
the delivery date is exceeded, the purchaser can reduce the agreed price for the order
by 2%.
Client: Quite a lot of money, I might add.
Lawyer: Have you calculated precisely how much?
Client: I haven’t got the exact figures from our Finance Manager yet, but it’s
somewhere about 15,000 euros.
Lawyer: So, reasonable compensation for any inconveniences, I suppose.
Client: Indeed.
Lawyer: Did you deliver the 5,000 screens according to the agreed schedule?
Client: Yes, we did. And the product quality was 100 % as well. That’s why I was
so shocked to receive this letter yesterday. I mean, they can’t just terminate the
contract with 21 days’ notice, can they? Surely this is breach of contract.
Lawyer: Well, they are invoking clause 8.1, which refers to unsatisfactory
performance. That could be a slight problem for us. Was this the first time you had
had the quality problems?
Client: Yes, it was. In my view, it’s completely unfair. We did a lot of development
work on our product – just for Digital Work – and we won’t begin to make a profit
on this deal until after two years of production. So, if we get thrown out of this
contract now, we’ll suffer an enormous loss.
Lawyer: I suppose that’s why the contract was to run for a minimum of two years.
Client: Exactly. And our patented product really gave Digital Work the edge over
its competitors.
Lawyer: I must say, it does seem unfair. It’s possible that Digital Work could be
using this production problem as an excuse to get out of the contract that it no longer
wants for strategic reasons.
Client: But is there anything we can do about it?
Lawyer: Well, as I see it, Digital Work’s conduct goes against the whole spirit of
your agreement. In view of this, our best option would be to refer to a dispute
resolution clause in your contract and then start to prepare for legal action. I will ask
you to provide me with the following documents: …
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CHECKLIST
Opening
Greet the client and conduct a preliminary small talk;
Find out client’s concerns and goals;
Explain preliminary matters including fees, retainer, what can and cannot
be done for the client, and the nature and proposed structure of the
interview.
Listening and questioning
Listen actively to the client and show understanding of it;
Use appropriate questioning techniques (open, closed and leading
questions) where necessary to prompt, clarify, prevent deviation or probe.
Identify the aims of the client;
Give feedback.
Summarizing
Summarize the client’s goals;
Identify the relevant facts;
Identify deficiencies in the facts available;
Avoid giving premature legal advice;
Seek further information from the client.
Advising
Give a brief introduction to the advising process;
Give a brief outline of the relevant law;
Outline the available legal and non-legal options;
Discuss the available options with the client.
Concluding
Describe clearly the follow-up action to be taken by you as a lawyer;
Describe clearly the follow-up action to be taken by the client;
Give clear time-frames for action and future meetings;
Confirm the follow-up procedures with the client;
Exercise 2.
Make questions using words and word combinations given below. Use the
correct tense form of the main verb. Do not forget about an auxiliary verb
where necessary. Which questions are open-ended, narrow, closed, leading?
Explain your point of view.
1. You/to expect/as a result of this/to lose/your customer?
2. What/to be/ the price of the shares?
3. What/to happen/to the CEO/during the meeting?
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4. What/to be/for you/an ideal outcome?
5. This point/to be mentioned/in the contract, to be it?
6. Why/not support you/your colleagues?
7. Try/you/to contact/anybody else?
8. The goods/to have/to be delivered/within 30 days/didn’t they?
9. How/can/exactly/help you/I?
10. Fulfil/the obligations/completely/you?
Exercise 3.
Employ different techniques to soften the following phrases.
1. I will make notes as we’re talking.
2. The fees for my work are 1500 euros.
3. Give me background information about that.
4. We’ve dealt with that issue. Move on now to the question of exclusivity.
5. Tell me what your priorities are in this matter.
6. From a legal point of view, you must terminate the contract immediately and
sue for damages.
7. Consider the tax consequences of taking that kind of step. I am not a specialist
in this area, but my colleague Stephanie Willis is a very experienced tax
lawyer. She will advise you.
8. I will handle this case for you. How do you want to proceed?
9. This point is not relevant to the issue. Focus on the issue of confidentiality
just for the moment and come back to this other issue in a minute.
10. OK, go over the details of this matter. After that we can discuss what to do
and then we can think about the way forward. OK?
Exercise 4.
How do you understand the term “effective listening behaviour”? Why is it
important for a lawyer to demonstrate it while speaking to a client? In small
groups think of as many reasons as you can. Share your ideas with the rest
of the group.
Exercise 5.
Work in groups of three. Study the role cards below. Spend around 2
minutes on each conversation and 1 minute on the feedback from the
observer. Then change the roles.
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Student A – a lawyer
Ask student B questions about one of the topics listed below. Prepare a list of
questions in advance to keep student B talking for 2 minutes. While listening, try
to clarify some points and ask checking questions based on the words student B
uses to get more detail and to make sure that you really understand the point.
Student B – a client
Answer student’s A questions and tell him/her as much as you can. If student A
uses a term of art which might be unclear to you as to a layperson don’t hesitate
to ask him/her to explain it to you.
Student C – an observer
Listen to the conversation and make a note of any listening behaviour the both
sides employ. Which impact, positive or negative, do they have on the
conversation? Give your feedback.
Role card 1
Your main competitor has
recently started to bring
down prices trying to
attract more customers
and monopolize the
market. You are suffering
great losses and losing
your clients. You need
legal advice to solve this
problem.
Role card 2
Your ex-employee
threatens to disclose the
secret information about
the manufacturing
techniques used in your
factory. He wants you to
pay him for non-
disclosure. You need
legal advice to solve this
problem.
Role card 3
You have a flat for rent.
You are a law-abiding
citizen and you are afraid
of breaking the law. You
need legal advice to solve
this problem.
Exercise 6.
Choose a sphere of law you are good at or interested in. Think of possible
problems that might bring a client to a lawyer. Choose one of the problems,
describe it in detail and prepare for the initial interview with a client. While
getting ready follow the checklist above.
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UNIT 2
Lead-in
Before reading the text please answer the questions below.
1. Why is it important for lawyers to master the skills of effective presentation?
2. What is a typical structure of any presentation?
3. What linguistic means are used to manifest the structure of the presentation?
4. What ways may be used to activate the audience and keep its attention?
5. What stylistic devices can make your presentation more emotional?
Skills of Effective Presentation
When people think of lawyers and public speaking, they mostly imagine trials
and other hearings. Only a few know that a lot of public speaking by lawyers takes
place outside the courtroom. As Samuel Pillsbury, a law professor at Los Angeles’
Loyola Law School notes: “Lawyers often speak to lay groups about various matters
of controversy. They appear before legislatures, city councils, planning
commissions, or give talks to civic groups, business executives, or company
employees. Lawyers also may need to give media interviews on behalf of clients.”
Nowadays in business world there is a common expectation that all lawyers are
strong communicators and masters at creating and delivering powerful and effective
presentations. Public speaking is viewed by lawyers and their chiefs as a great way
to market the law practice, because people perceive a lawyer as an expert on the
topic he speaks about. Talking for 15 minutes in front of the right audience could do
more for the practice than working for six months in the office.
If you are to speak in public, the first priority is to decide on the structure of
your presentation. Your presentation should have a clear beginning, middle and end.
An effective way of presenting is to start by indicating the topic of your presentation
and the points you are going to make in support of this. Having singled out the major
parts, think how you will interconnect them and present them in the logical sequence,
so that your audience can easily follow your reasoning. In the middle of the speech
make those points and in the conclusion summarize the points you have made and
explain how they support your topic. This technique is sometimes characterized as
the ‘tell them what you’re going to say, say it and then tell them you’ve said it’
approach. The main benefits of this approach are: (1) clarity, and (2) that it gives the
opportunity to make each point at least three times in different ways, so that the
audience is likely to remember at least the main points made.
Experts on effective public speaking are sure that any introduction ought to
make an impact i.e. you should try to say something immediately that will make the
audience want to continue to listen to you (e.g. ‘What I’m going to tell you today
will fundamentally change the way this firm treats its clients’). It should contain a
preview of what you are going to talk about (e.g. ‘in my talk today I will explain
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what needs to be done in order to increase the firm’s profits by 100 per cent in the
coming year’). In the introduction you should show appreciation and respect to the
audience (e.g. ‘I’d like to thank X for inviting me to come here today. I must say I
have been very impressed by how friendly and professional everyone here is.’).
The structure of the main part of the presentation is manifested through proper
paragraphing, connectives and choice of sentences. The passage from paragraphs is
achieved through the use of adequate intonation pattern and pauses. But if you just
make a pause trying to show that you are ready for further argumentation or points,
you may either lose the attention of the audience or lose the connection between the
points. That is why efficient presenters so often use special linguistic means to
accentuate the connection between passages such as conjunctions (and, but, because,
as), adverbs (firstly, secondly, initially, formerly, finally, etc.), prepositions
(according to, before, after) and other language units (“there is a further problem
of”, “in closing let me enumerate”, “now coming to the next point”, “thus we have
seen that”, etc.). The primary goal of these phrases is to fill the gap between different
blocks of thoughts and facilitate logical transition to the next idea.
Effective presentations are characterized by different types of sentences:
declarative, interrogative and imperative. Presenters resort to the use of questions-
in-the-narrative or rhetorical questions. They change the nature of a usual question
and turn it into a stylistic device because it is asked and answered by the same person.
These questions serve to activate the audience, because they stimulate a response
and entice people to formulate answers – even in their minds. If you manage to get
the audience to think about the question you ask, you get their attention. It is also
important how you pose a question: pause after you ask it then present the answer
with confidence. Questions may be a part of direct speech, which is close to a
quotation, because they express an opinion that people may tend to have on a subject.
In this case we can address our own thoughts and illustrate the process of reasoning
(e.g. Many times I have asked myself: “Can this statistic be relied on?”).
Another effective way to activate the audience is to address them, either
directly or indirectly. Direct address to the audience is what you begin with in the
first (e.g. Dear colleagues!). You may need to address the audience more than once.
In the course of your presentation you may need to ask the audience to look at the
hand-outs, to draw their attention to some visual aids, or even approach the problem
in question at different angle (e.g. Let me evaluate the potential gain of this
approach). Another way to address the audience is to make direct references using a
pronoun or noun that can attribute to the audience (e.g. Lawyers like ourselves would
immediately know the difference).
Using different types of sentences besides narrative, makes your presentation
more interactive and helps us activate the audience for better understanding the
message and your reasoning.
If you want to make your presentation more emotional and to appeal to your
listeners, you may use such lexical means as metaphor and epithet. Originally, the
term ‘metaphor’ means transference of meaning from one object to another. A
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metaphor becomes a stylistic device when the creator of the metaphor finds, in two
corresponding objects, some features, which seem to have something in common. If
you create an effective metaphor, you help your audience to remember the image for
a long time (e.g. Flattery is the infantry of negotiation). Epithet is a very effective
means of displaying the speaker’s attitude to the subject, because it is based on the
interplay of emotive and logical meanings in an attributive word or phrases. The
epithet is always subjective, because every speaker sees things differently, and helps
the audience to see things from his standpoint. Some words like powerful (means),
prime (significance), countless (negotiations), immense (contribution) demonstrate
the attitude of the speaker to this or that concept.
In terms of functional styles, the style of the presentation is a subdivision of
publicistic style. The basic goal of it is to exert a deep and lasting influence on the
audience, to convince the listeners that the interpretation of the ideas given by the
presenter is correct, and to get them to accept the presenter’s point of view. To
achieve this goal, the presenter uses both logical argumentation and emotional
appeal. These most effective tools find their expression in the language and the
structure of the presentation. Coherent and logical syntactical structure with a system
of connectives and paragraphing helps to keep the attention of the audience, while
the use of words with emotive meaning appeals to the audience and creates the
response to the message.
USEFUL PHRASES AND VOCABULARY
Introduction
Welcoming the audience
Good morning/afternoon, ladies and gentlemen.
Hello/hi everyone.
First of all, let me thank you all for coming here today.
It’s a pleasure to welcome you today.
I’m happy/delighted that so many of you could make it today.
It’s good to see you all here.
Introducing yourself
Let me introduce myself. I’m Maria Wales from…
For those of you who don’t know me, my name is…
Let me just start by introducing myself. My name is…
Giving your position, function, department, company
As some of you know, I’m a senior lawyer.
I’m a key account manager and I’m responsible for…
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I’m here in my function as a head of…
I’m an associate in charge of…
Introducing the topic
What I’d like to present to you today is…
I’m here today to present…
Today’s topic is…
The subject/topic of my presentation is…
In my presentation I would like to report on…
Today I’m going to speak about…/I’ll be speaking about…
Saying why your topic is relevant for the audience
Today’s topic is of particular interest to those of you who…
My talk is particularly relevant to those of us who…
My topic is/will be very important for you because…
By the end of this talk you will be familiar with…
Stating your purpose
The purpose/objective/aim of this presentation is to…
Our goal is to determine how/the best way to…
What I want to show you is…
My objective is to…
Today I’d like to give you an overview of…
Today I’ll be reporting on…
I’d like to update you on/inform you about…
During the next few hours/minutes we’ll be…
Structuring
I’ve divided my presentation into three (main) parts.
In my presentation I’ll focus on three major issues.
Sequencing
Point one deals with…, point two…, and point three…
First, I’ll be looking at…, second…, and third…
I’ll begin/start off by…. Then I’ll move on to…. Next/after that …
I’ll end/finish with…
Timing
My presentation will take about 15 minutes.
It will take about 20 minutes to cover all the issues.
This won’t take more than…
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Handouts
Does everybody have a handout/brochure/copy of the report? Please take one and
pass them on.
Don’t worry about taking notes. I’ve put all the important statistics on a handout
for you.
I’ll be handing out copies of the slides at the end of my talk.
I can email the PowerPoint presentation to anybody who wants it.
Questions
There will be time for questions after my presentation.
We will have about 10 minutes for questions in the question and answer period.
If you have any questions, feel free to interrupt me at any time.
Feel free to ask questions at any time during my talk.
Effective openings
Rhetorical questions
What does any restructuring mean from a legal point of view?
Do we really need quality assurance from our clients?
Interesting facts
According to the article I’ve read recently…
Did you know that…?
I’d like to share an amazing fact/some statistics with you.
Stories and anecdotes
I remember when I attended a meeting in Berlin, …
At a conference in Berlin, I was once asked the following question: …
Let me tell you what happened to me…
Problem to think about
Suppose you wanted to…. How would you go about it?
Imagine you had to…. What would be your first step?
Main part
Saying what is coming
In this part of my presentation, I’d like to talk about…
So, let me first give you a brief overview.
Indicating the end of the section
This brings me to the end of my first point.
So much for point two.
So, that’s the background on…
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That’s all I wanted to say about…
Summarizing a point
Before I move on, I’d like to recap the main points.
Let me briefly summarize the main issues.
I’d like to summarize what I’ve said so far…
Moving to the next point
This leads directly to my next point.
This brings us to the next question.
Let’s now move on/turn to…
After examining this point, let’s turn to…
Let’s now take a look at…
Going back
As I said/mentioned earlier, …
Let me come back to what I said before…
Let’s go back to what we were discussing earlier.
As I’ve already explained, …
As I pointed out in the first section, …
Adding ideas
In addition to this, I’d like to say that…
Moreover/furthermore, there are other interesting facts we should take a look at.
Apart from being too expensive, it’s also too time-consuming.
Rhetorical questions
What conclusion can we draw from this?
So, what does it mean?
So, how good are the results?
So, how are we going to deal with these complaints?
So, where do we go from here?
Why do I say that? Because…
Do we really want to miss this opportunity to …?
Describing visuals
Introducing a visual
Let’s now look at the next slide which shows…
To illustrate this, let’s have a closer look at…
The chart on the following slide shows…
I have a slide here that shows…
The problem is illustrated on the next slide.
You can see the test results in this table.
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As you can see here, …
Highlighting information
I’d like to stress/highlight/emphasize the following point(s).
I’d like to start by drawing your attention to…
Let me point out that…
I think you will be surprised to see that…
I’d like to focus your attention on…
What is really important here is…
What I’d like to point out here is…
Let’s look more closely at…
Conclusion
Indicating the end of the presentation
I’m now approaching/nearing the end of my presentation.
Well, this brings me to the end of my presentation.
That covers just about everything I wanted to say about…
As a final point, I’d like to…
Finally, I’d like to highlight one key issue.
Summarizing points
Before I stop, let me go over the key issues again.
Just to summarize the main points of my talk…
I’d like to run through my main points again…
To conclude/in conclusion, I’d like to…
To sum up, let’s…
Inviting questions
Are there any questions?
We have time for a few questions.
And now I’ll be happy to answer any questions you may have.
Dealing with questions
Clarifying questions
I’m afraid I didn’t quite catch that.
I’m sorry, could you repeat your question, please?
So, if I understood you correctly, you would like to know whether…
So, in other words you would like to know if…
If I could just rephrase your question. You’d like to know whether…
Does that answer your question?
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Avoiding giving an answer
If you don’t mind, could we discuss that on another occasion?
I’m afraid, that’s not really what we are discussing here today.
Well, actually I’d prefer not to discuss that today.
Admitting you don’t know
Sorry, I don’t know that off the top of my head.
I’m afraid, I’m not in a position to answer that question at the moment.
I’m afraid, I don’t know the answer to your question, but I’ll try to find it out for
you later.
Sorry, that’s not my field. But I’m sure my colleague from the Accounts could
answer your question.
Postponing questions
If you don’t mind, I’ll deal with/come back to this point later in my presentation.
Can we get to this point a bit later?
I’d prefer to answer your question in the course of my presentation.
Would you mind waiting until question and answer section at the end of my
speech?
Perhaps we could go over this after the presentation.
EXERCISES
Exercise 1.
Fill in the gaps with the words from the box.
Divided, put, responsible, leads, department heads, screen, aware, imagine, parts,
introduce, schedules, suggestions, regarding, draw, present, consequences, first of
all, mean, topic, concerns, sum up, finally, specific, go about, identify, run
through, understand
1. Let me ____________ myself. My name is…
2. I’m here today to ___________our new system which makes the process of
dealing with complaints easier.
3. As you can see on the __________, our __________ today is project
documentation.
4. I’m ____________ that you all have very tight____________, so I appreciate
you taking the time to come here.
5. Today’s topic will be very important for you as __________________ since
I’ll need your help to evaluate and select candidates for training.
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6. I’ve _________ my talk into three main __________. __________, I’ll tell
you something about the history of our company, after that I’ll describe how
the company is structured and __________, I’ll give you some overview of
the range of services we’re ready to provide.
7. __________ you worked in a small to medium-sized company and were
___________ for drafting the same documents all the time. How would you
__________it?
8. What I’d like to do today is to make some ____________ on how to make our
handbooks to meet the needs of our clients.
9. I’d like to quickly ___________ the problems and then make some
suggestions on how we can deal with the___________.
10. Let’s now turn to the next question which __________ filing different
applications.
11. Let me give you some details ___________ our subsidiary.
12. Before I move on, let me just __________ what I’ve said so far.
13. This ____________ directly to my second point.
14. I’d like to __________ your attention to the following statistics of lost cases.
15. So, to _______ it in the words of famous H. Gordon Selfridge, “The customer
is always right”.
16. In conclusion, I’d like to ______________ my main points once again.
17. You were talking about staff problem. What exactly do you ________ by it?
18. I’m afraid, I don’t quite __________ your question. Could you be a bit more
________?
Exercise 2.
Complete the sentences with correct prepositions.
1. Thank you all _____ coming all this way.
2. I’ve divided my presentation _________ several parts.
3. First of all, I’ll give you an overview ________ our current position in the
market.
4. In the second part of my presentation I’ll focus ________the project status.
5. Point three deals ________ court decisions that might create a precedent later.
6. After that I’ll move on _______ the next point.
7. The purpose of my talk today is to update you _____ new developments in
our legal department.
8. What I want to do is to present alternatives ______ existing procedures.
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9. According _____ the survey, our clients are not happy ______ the range of
services we currently provide.
10. In addition, ______ this, I’d like to say that our business in subsidiaries is
going very well.
11. So, what are the reasons ______ our failures?
12. What I’d like to point _____ here is that it was completely our fault and next
time we should be more careful with the figures.
13. Before I stop, let me go _______ the key points covered in my speech.
14. We just have time ________ a few questions.
15. So, that was the plan of further development. Now let’s go and put it _______
practice!
Exercise 3.
Put the words in the right order to make expressions that might be used during
a presentation.
1. Shall/OK/get/we/started?
2. My/today/subject/presentation/of/satisfaction/is/the/customer.
3. Will/presentation/thirty/my/about/take/minutes.
4. Issues/on/three/focus/I’ll.
5. By/looking/of/current/will/the/status/case/we/the/start/at.
6. Move/now/to/point/next/let’s/on/the.
7. All/topic/as/today/is/you/know/our/customers’ complaints.
8. Be/additionally/cases/discussing/most/will/we/the/important.
9. Said/brief/give/I/you/earlier/a/I’ll/as/overview.
10. At/closer/table/let’s/this/a/look.
11. Attention/draw/your/facts/like/I’d/to/to/following/the.
12. Stress/change/is/important/I’d/how/to/like/this.
13. Now/end/presentation/approaching/I’m/of/the/my.
14. Summarize/me/important/let/the/results/most.
15. Points/again/go/I’d/through/like/to/the/main.
Exercise 4.
Match the two parts to make sentences.
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1.Feel free to
2. This won’t take more
3. I’ll be passing out
4. There is no need to
5.There will be time
6.Here we can see how many
7. Let’s have a closer look
8. I’d like to point out how
9. I’d like to highlight the
10. So, just how good
11. I’d like to draw your
12.Now let’s
13. Remember that story I
told you
14. Let me go back to
15. Good point, but I’d prefer
16. I’m afraid that’s
a. important this statistics is for us.
b. not my field.
c. get down to business.
d. for questions after my talk.
e. at the pictures on the next slide.
f. what I said at the start of this talk.
g. is the quality of this legal advice.
h. attention to the figures in the left-
hand column.
i. than 20 minutes of your time
j. handouts in a few minutes
k. clients have complained about our
work.
l. right at the beginning of my speech
m. take notes. Everything is on the
slides which I’ll send you later.
n. main problem areas
o. not to discuss that today.
p. ask questions at any time
Exercise 5.
Use phrases which are typical of presentations to answer the following
questions. Sometimes variants are possible.
1. What phrases would you use to welcome the audience and introduce
yourself? How would your choice of words depend on the audience?
2. What phrases would you use to introduce the topic of your
presentation?
3. Which phrases would you use to sequence the points of your
presentation?
4. How would you indicate the end of the section and say what is coming
next?
5. How would you refer to the points you’ve mentioned before?
6. What phrases would you use to indicate that your presentation is
coming to its end?
7. What phrases would you use to summarize the key points?
8. How would you invite questions from the audience?
9. How would you clarify the question?
10. What phrases would you use to avoid answering the question or to
postpone it?
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Exercise 6.
Choose a problem in the sphere of law you are interested in or going to work in
and make a presentation. Follow the checklist while preparing and structuring
your presentation.
CHECKLIST
Introduction
Welcome the audience
Introduce yourself (name, position/function)
State your topic
Say why your topic is important for the audience
Describe the structure of your talk (the main points and when you will be
dealing with them)
Say how long the presentation will be
Say when you will answer questions
Say whether there are handouts or the slides you will send later
TIP: Remember how to make effective openings: start with a rhetorical
question, a story or an amazing fact, or give the audience a problem to
think about.
Main part
Briefly state your topic and objectives again
Then introduce your main points and give details
Signal the beginning of each part
Signal the end of each part
Refer to the slides or other visuals. Tell your audience what they illustrate.
Explain and clarify if it is necessary
Signal the end of the main part
Conclusion
Signal the end of your presentation
Summarize the key points
Explain their significance
Make your final statement
Invite questions TIP: Remember how to make effective conclusions: end with a question
or a quote from a famous person, finish a story you started at the
beginning of your talk or call the audience to action.
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Dealing with questions
Think what questions you may expect and how you could deal with them
Listen carefully and make sure you understood the question correctly
Paraphrase the question if it is necessary
If you want to postpone the question, say why politely
If you don’t know the answer to the question, say so and offer to find out
Check that the questioner is satisfied with your answer
UNIT 3.
Lead-in
Before reading the text please answer the questions below.
1. What is the importance of telephoning skills for practicing lawyers?
2. Are there any ways to make a positive impression while handling calls? In
your opinion, is this impression important?
3. What is the main drawback of telephone communication? How can this
negative influence be weakened?
Telephoning
Notwithstanding that messaging and email may have overtaken telephone
conversations as a way of communicating, telephone skills remain important in
developing professional relationships and providing services. They are skills
required of lawyers from the first day of their practice. It is common for many first
interviews to take place and initial instructions to be given by telephone. It is also a
means by which transactions and matters are progressed, either on a one-to-one or
telephone conference basis. In light of this, you as a lawyer should take every
opportunity to practise a professional telephone manner and try not to become too
dependent on email. It may feel like an easy way of avoiding having to think on your
feet, but the fact is that some matters are better handled by speaking to a client.
Delivering an unpalatable message, such as that you are not going to meet the
deadline, is a kind of matter that is tempting to deal with by email so that you do not
have to deal with the client’s immediate reaction. However, this is precisely the kind
of issue, which is better handled by telephone. It is much easier to avoid errors in
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tone by telephone; emails may often be misconstrued and if the subject matter is
delicate, this can be exacerbated. In addition, if you can call a client to deliver an
unpalatable message, you will demonstrate to that client that you are an honest and
confident lawyer with good communication skills, and most clients will appreciate
this.
Every time a prospective client or referral source interacts with you or your
firm by telephone, he or she comes away with a positive, neutral or negative
impression. Making people feel important and letting them know you care leaves
them with a positive impression, so how you and your law firm handle telephone
calls speaks volumes. The person who first answers the phone becomes the greeter
for the entire firm. Setting a friendly, warm tone is important because doing so sets
the stage for the interaction that follows. When the person answering the phone is
friendly, the caller is likely to reciprocate. Many companies that train people how to
answer the phone suggest physically smiling before answering the phone. The smile
can literally be heard in a person’s voice and articulation. The policy in many
companies is to let the phone ring no more than three times. If you cannot answer
the phone within the allocated time, offer an immediate apology to the caller. Doing
this you inform your client or colleague that you are aware of the delay and of the
caller’s probable annoyance, thus defusing it. If the caller has forgotten to introduce
himself, there is a subtle way to get this information. You may politely ask him or
her who is calling and once the speaker gives the name, be sure to use it in your
response.
When you answer the phone, you may need to take a message. The key goal
of this task is accuracy – getting the correct phone numbers, dates, meeting times,
names of people. To ensure this accuracy you may need to repeat what you have
written down to the caller. Most callers will appreciate it because the repetition helps
to assure them that the correct information will be transmitted to the recipient of the
message. If you do not understand what the caller has said, because he talks fast, has
a speech impediment, has a strong accent, or there are interfering noises, do not be
embarrassed to ask him to repeat what you did not understand or to ask him to slow
down or speak up.
Try to demonstrate that you are actively listening to and empathizing with the
person with whom you are interacting. When a client calls, you must give him or her
your full and undivided attention; put yourself in the client’s shoes and try to see
things from his or her perspective. Keep distractions and background noise to a
minimum; when you are on the phone, do not type, tidy your desk or arrange your
papers. During longer conversations, it is a good idea to take notes and pause at key
points to summarize what you have just heard to show that you are listening ('So
what you mean is...', 'If I understood you correctly, you want to ... '). This can also
help your client to move forward in the conversation. Wait until the other person has
stopped talking before you decide what to say next. If you are constantly thinking
about your response, you will not be able to concentrate on what they are saying.
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Use phrases like 'let me see', 'I see what you mean', or 'I just need to think for a
moment' to give yourself time to think about what to say next.
If you are making a call, speak clearly, at a moderate pace and try to be polite
and friendly. Start your conversation by stating your name and the purpose of your
call. Your initial greeting is especially important if you are not well known to the
person you are calling, and it is even more important if you have never met the
person you are calling. You only get one chance to make your “first impression.”
After your introduction, be sure to ask, “Is now a good time to talk?” If you get a
positive answer, give the person an idea how long the conversation is likely to last
and get to the point as quickly as possible. If it is an inconvenient time for the
recipient, schedule an appointment when the person will be available to speak with
you. If you get a voicemail while making a call, get ready to leave a message. When
leaving a message, speak slowly and clearly, state your name - spell it, if necessary
- and the purpose of your call, keep your message short and to the point, indicate the
best time to call you back, leave your call-back number at both the beginning and
end of your recorded message, be sensitive to confidentiality as others might hear
the message you leave.
One of the particular problems with telephoning is that you cannot see the
person you are speaking to. You therefore do not have the benefit of the nonverbal
clues given by body language, which assist communication in face-to-face
situations. This makes it especially important for both parties to speak clearly and
use simple terms. You, as a lawyer, should avoid jargon and slang words if you do
not want to mislead or puzzle your client. The tone of verbal communication is very
important, as it helps you to convey a range of messages: empathy, sympathy,
humour, etc. Even if you are concentrating on something, try not to slip into a
monotone. Make sure you vary the tone of your voice to add interest. People tend to
mirror the emotions, so if you are pleasant to them, they are more likely to be
pleasant to you.
Making a phone call in English requires mastering vocabulary and phrases
typical of formal telephone communication. Preparation in advance will help you to
organize your ideas and provide support for you if you get confused. Remember,
that practice makes it perfect.
USEFUL PHRASES AND VOCABULARY
Opening a call
Identifying yourself
This/it is Mark Harris from Will’s Plc.
Explaining the reason for the call
I'm calling about...
I have a question about...
I wanted to ask about...
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Getting through to the right person
Asking for the person
Could I speak to James Cassidy, please?
Is Mr. Cassidy there, please?
Could you put me through to your legal department, please?
Listen, Steve, I'm actually trying to get through to Paula. Is she there at the
moment?
When the person isn't available
Oh, that's a pity. I'll try calling later.
Can I leave a message for him/her?
Could you ask him/her to call me back, please?
Taking a call
Identifying yourself
Somerset and partners. James speaking. How can I help you?
So, what can I do for you?
Transferring a call
Can I just ask what it's about?
Can you hold on a moment, please?
Can you hold the line, please?
I'll put you through.
I'm connecting you now.
The line's (still) busy (Am Eng)/engaged (Br.Eng).
Would you like to wait, or shall I ask him/her to call you back?
I'm afraid his/her line is engaged (busy).
Shall I give you his/her extension number?
When the other person isn't available
I'm afraid Ms Thomson is unavailable at the moment.
She's on another line/in a meeting/on a business trip.
I'm sorry, but Mr. Harris isn't in the office today.
Can I take a message?
Would you like to leave a message for her/him?
Would you like to call back later?
Calling someone back
Sorry, I'm really busy at the moment. Can I call you back later today/in ten
minutes?
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I'm actually talking to someone on the other line.
I think I've got your number, but can you give it to me again just in case?
Returning a call
I'm just returning your call from yesterday.
You left a message on my answering machine.
Ending the call
Thank you very much. - You're welcome.
Just let me know if there's anything else I can do for you. - I’ll do that.
Speak to you later. - Goodbye.
Communication problems
I didn't catch that (last part).
Could you repeat that, please?
Can you speak up a bit, please?
Could you speak a little bit more slowly, please?
Could you spell that for me, please?
This is a really bad line.
Sorry, we got cut off... Anyway, as I was saying…
Taking a message
Can I take a message?
Does (s)he have your number?
I'll tell him/her you’ve called.
Shall I ask him/her to call you back?
I'll make sure he/she gets your message.
Checking the message
Let me just read that back to you.
Let me just make sure that I got that right.
You'd like to know if...
Was that M for Michael or N for Nancy?
Sorry, did you say 42 04 or 42 14?
Sorry, what was the post code again?
Leaving a message
Could you ask him/her to call me back?
My name is John Ellis. I'm calling from James Brown and my number is...
Mobile phones
Where are you?
I 'm on the train.
I 'm actually in the office. You can call me on my land line.
I'm afraid I'm in a meeting at the moment. Can I call you later?
Have you got a couple of minutes?
30
My battery's low - we might get cut off, I’m afraid.
Sorry, you're breaking up (a little).
Listen, I think I'm losing the connection. I’d better go.
Making arrangements
Suggesting a meeting
Do you have time to meet next week?
I was wondering if you might have time to meet next week.
It would give us a chance to talk about…
Suggesting times and places
When would suit you?
Where would you like to meet?
Would Monday be OK for you?
How about Wednesday morning?
Shall we say 10 o'c1ock in my office?
Reacting to suggestions
I just need to check my diary.
I think that should be possible.
Tuesday's bad for me. I'm afraid.
I'm tied up all day.
Yes, that would be good for me.
Confirming an arrangement
OK, so I'll see you Wednesday then.
So that's Monday at 10 a.m. at your office.
Changing arrangements
I'm calling about our meeting tomorrow.
I'm afraid something has come up.
One of my clients has cancelled/brought forward our appointment.
The meeting lasted longer than I expected.
I wanted to ask you if we could meet a bit earlier/postpone/put off our meeting.
I was wondering if we could reschedule our appointment.
Would it be possible to meet a bit later?
When you are late for an appointment
I'm afraid my meeting has taken longer than I expected.
I might be a few minutes late.
I should be there by 3 at the latest.
Complaints
Making a complaint
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Are you the right person to talk to?
There appears to be a small problem with the documents.
There appears to be a mistake on the contract you’ve sent to us.
You seem to have forgotten the attachment.
Clarifying the problem
What is the problem exactly?
Could you explain the problem in more detail?
Apologizing
I'm very/extremely sorry about that.
Please accept my apologies.
That's entirely our fault.
There must have been a mix-up.
Taking action
It's good that you've brought this problem to my attention.
This is what I'll do.
I'll make sure it gets sorted out straight away.
Let me put you through to our legal department. They'll sort it out for you.
Reaching agreements
Making proposals
I wanted to make a suggestion.
I have an idea.
What do you think?
How does that sound?
Interrupting
Sorry, can I interrupt you there?
Yes, yes, but can I just say something?
Well yes, that may be true, but...
Can I just come in here?
Can I just stop you there?
Reacting to proposals
That sounds feasible/very reasonable.
We could probably work with that.
That depends. /That's difficult to say.
I don't think that would be possible.
I think we have a certain amount of room to maneuver, but I would have to check
with my superior first.
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EXERCISES
Exercise 1.
Put the words into the correct order to make phrases that are frequently used
in telephone conversations.
1. Have/meeting/something/I/to/up/has/our/cancel/come/so/afraid/I’m.
2. The/losing/listen/connection/I’m.
3. If/have/wondering/meet/to/time/was/I/you/week/might/next.
4. Last/didn’t/sorry/I/part/the/catch/you/please/repeat/could?
5. I/sure/let/got/make/right/me/that/just/that.
6. But/I’ve/you/it/can/I/your/got/think/number/give/to/again/me/case/in/just?
7. Entirely/I’m/sure/not/I/can/you/to/back/on/get/that?
8. You/like/wait/to/would/I/ask/to/you/back/call/shall/or/him?
9. Call/yesterday/returning/from/your/I’m/just.
10. Please/up/a bit/you/speak/could?
Exercise 2.
Read a short extract paying special attention to the words in bold. Then fill in
the gaps with these words in the sentences below.
If you want to call somebody in a company, you pick up the phone and hearing the
dialing tone you start to dial the number on the keypad. If you don’t know the
person’s direct line number, you may dial the number of the company’s
switchboard. Then one of the following things may happen:
The number rings but there is no answer.
You hear the engaged tone because the person is already talking on the phone.
In this case you’d better hang up and try again later.
You get through but not to the number you wanted. The person on the other
side of the line usually says that you have dialed the wrong number.
The operator answers, you ask for the extension of the person you want to
speak to.
You are put through to the wrong extension. The person offers to transfer
you to the right extension, but you are cut off – the call ends.
The person you want to speak to is not at the desk and you leave a message
on the voicemail. You ask him to call you back or to return your call.
1. Call me at the office tomorrow. My __________ line is 8495 784562134.
If I’m not there, leave a ___________ on my ____________ and I’ll call you
________ when I get it.
33
2. All international lines are __________. Please ____________ up and try
again later.
3. ‘Could I speak to Ms Wells, please?’ – “Oh, I’m sorry. She is not on this
__________ ; she is on 345. I’ll put you through to the main _____________.
Just ask the ___________ to transfer you to the Legal Department.
4. “Good morning. Theatre ticket hotline. How can I help you?” – “Oh, I think
I have dialed the ______________.
5. Hello, could you check a number for me? I was talking to someone there
but I was ___________ off. When I’m calling, I just get the __________ tone.
6. “Could you help me to make a phone call to Germany, please?” –
“Certainly, sir. Just ________ up the phone and _________ 9 to get a line.
When you hear the __________ tone, dial 00 33 and then the number you
want in Germany’.
7. This is Credit Card helpline. To check your balance, please press 1 on your
_________. To make a payment press 2.
8. I got your message yesterday but I was too busy to _________ your call.
I’ll call ______ later, when you are at your desk.
Exercise 3.
The sentences in this conversation are in the wrong order. Number them in the
correct order. The first one has been done for you.
___ I’ll sign them this afternoon and send them back to you.
___ Hello. My name is Mary Wells. I’d like to speak to Peter Sherman,
please.
__1_ Good morning. Legal Services. How may I help you?
___ Hold the line, please. I’ll see if he is in.
___ Great. Thanks a lot.
___ (pause) Hello, Peter Sherman speaking.
___ Mary Wells and I would like to speak to Peter Sherman.
___ Hello, this is Mary.
___ Sorry, I didn’t quite catch this.
___ Hi, Mary. How are you doing?
___ Ok, busy as usual.
___ Fine, thanks. And you?
___ Yes, they came this morning, but I haven’t signed them yet.
___ I’m just calling to find out if you’ve received the copies of the contract.
___ Ok, there is no rush.
Exercise 4.
(A) Use phrases which are typical of telephone conversations to answer the
following questions. Sometimes variants are possible.
34
1. How could you explain to your colleague why they couldn’t reach you
on your mobile phone when they tried to?
2. How could you tell someone you’re speaking to on a mobile phone
that the signal is very bad and you have difficulty understanding what
they are saying?
3. How could you ask someone to speak louder because there’s a lot of
background noise?
4. How could you ask someone to give you their mobile so that you
could make a phone call because you haven’t charged up yours?
5. How could you ask someone to wait and not to put the phone down
while you have to interrupt the call for some reason?
6. How could you ask somebody who has called you at the inconvenient
time to call you later once again?
7. How could you ask someone to say the last phrase once again because
you didn’t understand it?
8. What would you say to your colleague if you realized that you can’t
meet them as it has been arranged?
9. What would you say to someone if you wanted to arrange a meeting
with them?
10. What would you say to someone who has just called to your office
and wants to speak to your colleague who isn’t at his/her desk?
(B). Work in pairs. Make a list of questions as in 4 (A) to practise vocabulary
used in telephone communication. Use useful phrases and vocabulary bank.
Ask your partner these questions. Answer your partner’s questions.
5. During a telephone conversation you may need to dictate dates,
phone numbers, e-mail addresses or spell the names.
Practise saying the following.
1. 24.12.2016
2. 5.08.1995
3. 17.09.2000
4. 03.01.1900
5. 09. 03.2013
1. +7 915 709 33 09
2. +7 926 231 38 00
3. +7 905 576 09 99
4. +7 903 884 55 03
5. +7 499 945 22 67
m
2. gopher-
3.kevin.stevens@agconsulting
.ru
4.
5. your e-mail address
Spell the following names
1. Antoine Bourget-Bourget
2. Yves Martignac
3. Tania Steinman
1. Mariscal Estigarribia
(Paraquay)
2. Huntington Avenue
35
4. Alessandro Vieri
5. Hubert Adamczyk
3. Lubuklinggau (Indonesia)
4. Advanta Architeturra
5. Thabana-Ntlenyana (Lesotho)
Exercise 6.
Study the following role cards and get ready to reproduce the telephone
conversations.
Card 1
Student A
You work for an international company
as a PA. Answer the phone and help the
caller. Important: Your boss has told
you that he doesn’t want any phone
calls.
Student B
You work for an insurance company as
a lawyer. Your client, the CEO of an
international company has asked you to
prepare an insurance policy for him but
he has not provided you with the
documents you asked for. Now there is
a risk that you’ll miss the deadline. Call
your client and try to solve this problem.
Card 2
Student A
You work for a Banking international
company as a lawyer. Your client, Mr.
Wilson left a message for you, asking if
you could meet him next week to
discuss the legal consequences of his
investment plans for his company. Call
him and arrange a meeting.
Student B
You work for a chemical manufacturing
company as a secretary. Your boss, Mr.
Wilson is out of the office at the
moment. Someone will call and leave a
message for him. Write down the
message, checking all the details to
make sure you understand them. Make
sure you get the caller’s mobile number
and e-mail address.
Card 3
Student A
You would like to meet your lawyer
next week to discuss all the
circumstances and possible legal
consequences of your case. Call him/her
and find the time you are free. Don’t
forget about an urgent business trip that
will take you 2 days, and one-day long
Student B
You are a lawyer. Your client, a very
important person in the world of
business, would like to meet you next
day. He is calling you to arrange a
meeting. Your next week is quite tough,
as you have a lot of conferences and
interviews. But you can’t afford to lose
36
negotiations with your overseas
colleagues.
this client. Answer the call and try to
find time when you are both free.
Card 4
Student A
You work for a Russian company. Two
months ago you applied to a translation
agency. You wanted to have your
website translated into English as you
are going to the international market.
When you received the English version
of the website you found some mistakes
in the translation of Russian terms.
Make a short list of possible mistakes
(e.g. Верховный суд≠The High court).
Call to the agency and complain.
Student B
You work for a translation agency as a
translator. A customer will call you to
make a complaint. Deal with the
complaint as politely and efficiently as
you can. Note: You are only responsible
for English/French translations, so
problems with other languages are not
your fault.
Card 5
Student A
You work for the Russian subsidiary of
an American multi-national legal firm.
You are currently in charge of a three-
person team which is working on a case
for another large Russian company.
However, the work is taking longer than
you’ve expected and you think you will
need one more person on the team if you
are going to meet the deadline for the
work. It is time for your weekly
telephone conversation with your
American boss. Explain the problem to
him/her and try to negotiate a solution.
Student B
You are the CEO of an American multi-
national legal firm. It is time for your
weekly telephone conversation with
your Russian subsidiary. Your contact
person (who reports directly to you) is
currently head of a three-person team
which is working on a case for a large
Russian company. The project is
already over budget. Ask for a status
report on the case, and find out what
your contact person is going to do to
solve the problems on the case.
37
UNIT 4
Lead in:
Before reading the text please answer the following questions:
1. What sections must be included into a contract?
2. Who has a right to enter into a contract?
3. What contract validity period is considered to be the most common in
Russia?
4. How many copies of a contract are to be made?
Text 1
Contracts
A contract is a legally binding exchange of promises or agreement between
parties. Almost everyone makes contracts every day. Sometimes written
contracts are required, for example when buying a house. However, the vast
majority of contracts can be and are made orally, like buying a text book, or a
coffee at a shop.
A valid contract must have several elements, a set of clauses named terms
defining the exact set of promises agreed to. Perhaps the most important feature
of a contract is that one party makes an offer for a bargain that another accepts,
then offer and acceptance take place. This can be called a 'concurrence of wills'
or a 'meeting of the minds' of two or more parties. Consideration is something
of value promised to another party when making a contract. It can take the form
of money, physical objects, services, promised actions, and much more.
Consideration need not be adequate, which means courts generally do not look
to the value parties place on things contracted for, thus agreeing to buy a car for
a penny may constitute a binding contract. Both parties must have the "capacity"
to understand the terms of the contract they are entering into, and the
consequences of the promises they make, in other words to be competent
parties. For example, animals, minor children, and mentally disabled individuals
do not have the capacity to form a contract, and any contracts with them will be
considered void or voidable. The contract must have a lawful purpose or proper
subject matter. A contract to commit murder in exchange for money will not be
enforced by the courts. It is void ab initio, meaning "from the beginning." Both
parties must have an equal right or mutual right to remedy upon breach of the
terms by the other party. Both parties must have some obligation to fulfill to the
other, so called mutual obligation to perform. This can be distinct from the
consideration, which may be an initial inducement into the contract. Intention
to create legal relationship is also essential as there is a strict presumption for
38
commercial agreements to be legally bound. Domestic and social agreements are
usually unenforceable.
Breach of contract is recognized by the law and remedies can be provided
for parties to a contract. A breach of contract is a failure to perform as stated in
the contract. There are some ways to reimburse a breached contract assuming it
has not been performed: seeking for damages, specific performance and
injunction.
According to the common law, damages are categorized into compensatory
(or actual) damages, and punitive damages. Compensatory damages are paid
as a restitution for loss, injury, or harm suffered by a non-breaching party. In
contract law the term “expectation damages” is often used as well. Punitive
damages are used to punish the party at fault. These are not usually given
regarding contracts but possible in a fraudulent situation. The court may make an
order of what is called "specific performance," requiring that the contract be
executed. In some circumstances a court will order a party to perform his or her
promise (an order of "specific performance") or issue an order, known as an
injunction, that a party refrain from doing something that would breach the
contract.
Text 2
Drafting a contract
In the process of co-operating with people who do not speak Russian one of
the problems occurring is to draw up a contract in English. You can hire translators
or download the contract from the Internet. It is common for contracts, or some parts
of them, to be built from earlier contracts – so if you are working as a paralegal then
it is worth checking through files for similar cases that might have involved similar
contracts. When designing your own agreement try to follow these steps. Once the
elements mentioned in the Text 1 have been fulfilled, you can start drafting your
own agreement. There may be different amount of sections and subsections included
in an individual and particular document but there are some basic clauses typical and
obligatory for every binding agreement. Use this more or less universal structure for
all kinds of contracts.
Step 1
The first section should contain the names of the parties entering into the
contract. There will be a general statement that the parties intend to enter into an
agreement. Use their full names and include their addresses. Then accompany this
information with an expression like “The parties agree as follows...” This sentence
lets readers know that the specific contract clause terms will follow.
39
Step 2
The next section should contain a statement of what the consideration is that each
party is offering in exchange for their performance under the contract. That would
be the amount of money, goods or labour etc.
Step 3
The next section should contain any additional conditions that are important to the
satisfactory completion of the contract for both parties. In the case above (mentioned
in the Step 2 section), that might be the use of certain brands of paint or that the work
is to be done during certain hours etc.
Step 4
Next, you should include a statement of what the consequences will be if one or both
parties breach the contract. In other words, what happens if they don’t do what they
promised. That might be a penalty for finishing the job late, or a delay of the start of
work until payment is received. It could also include a statement that either party has
the right to pursue any legal remedy available under the law of the jurisdiction of
____. (The jurisdiction where the contract was entered into or chosen jurisdiction
for which the law will apply). Nowadays the Force-majeure clause is referred to as
essential and even compulsive so you’ll never take a false step adding such a clause
into the contract.
Step 5
There should be a statement that the contract contains all the terms and agreements
of the parties, and that the agreement is binding on their heirs, executors,
administrators, successors and assignees. This protects both parties from the other
stating that there was more to the agreement that what was written. It also helps to
protect them from not being able to collect what is due under the contract if the other
party dies or sells their interest in it. This provision is often known as the merger
clause, the parole evidence clause, the integration clause or the entire agreement
clause.
Step 6
Finally, both parties must sign and date the contract. Include a Space for Signatures.
End the document with lines so that each party can sign it. It is also useful to have
witnesses sign the contract, or to have the signatures notarized in case there is ever
a dispute as to who signed the document. If you are signing on behalf of a business
entity, you should state your capacity to show you have authority to enter into the
agreement. For example, President, CEO, Purchasing Manager etc. Both parties
40
should review the document and take time to make any clarifications if necessary
before signing it.
Text 3
Special Instructions
1. Use Clear and Concise Language
Be clear and precise with your language when writing a contract. Legal contracts
do not require any “magic” words or phrases, but ambiguity and vagary will create
unnecessary hurdles to enforcing the agreement if problems arise. The language of
the contract does not need to be beautiful, it must be effective. And remember you
are mostly making up a contract not for lawyers but for those who do not have legal
knowledge.
2. Vocabulary Focus
Special attention has to be drawn to the fact that the seller and the buyer in the
contracts are indicated by the words Seller, Sellers, Buyer, Buyers with or without
an article. Words Seller (s) and Buyer (s) are written with a capital letter, and in the
introductory part of the contract Seller (s) and Buyer (s) are put in quotes.
Nowadays the usage of some “archaic” words like hereto, hereafter, thereof etc.
is sometimes criticized. According to Lord Harry Woolf (Former Lord Chief Justice
of England and Wales, 2000-2005), these words are not key values for the document;
having avoided such word forms, you do not even need to look for an equivalent to
replace them. But anyway they characterize the contract style and make it so special
and recognizable. Here are some of them:
here+ there+
hereafter - далее в документе thereafter – впоследствии
hereby - этим, настоящим, сим thereby – в силу того
herein – в этом документе therein – в том (месте), в нем
hereof – в отношении этого thereof – вследствие чего
hereto – к этому (в документе) thereto – кроме того
3. Grammar
One of the specific features of a contract designed in English is the use of modal
verbs, e.g. “shall”, which is rarely used in modern plain English, but is widely used
in business correspondence and business documents. For example, such expression
41
as “The result shall be considered” is equal to the meaning of the expression “The
result is to be considered” or “will be considered”.
For contracts is also common the usage of the combination should+ infinitive to
designate steps that can occur in the future. For example, “if a delay in the delivery
should exceed 3 months”. In many cases, verbs “shall” and “should” have the same
value and meaning. For example, “If the actual cost to us shall / should increase”.
Another feature that should be considered when drawing up a contract in English,
is missing of “if” in the subordinate clause with the verb “should”. In such instances
“should” is the first element in the sentence. For example, “Should the above
circumstances continue to be in force ...”, “Should the Buyers fail to open the letter
of credit in time ...”.
Moreover, please note that concepts indicated in clauses should be written with
a capital letter.
4. Style of Writing
Get the balance right between 'legalese' and plain English. Abusing legal
formulations makes the contract unclear and full of causes to be argued consequently
in court. Do not apply synonymous chains like for example, “There can be no further
amendment, variation, modification or adjustment to the terms of this contract.” In
this sentence highlighted words designate the same concept. Use just one of them to
avoid oversaturation. In general, some lawyers believe that a legal document must
contain not more than 25 words. Do you agree?
EXERCISES
Exercise 1. Translate the words in bold from Text 1 into Russian and explain
their meaning in English.
Exercise 2.
Read the following bilingual contract text. Pay attention to the special
contractual terms and expressions, capital letters in the words “Contract”,
“Letter of Credit”, “Payment” etc. Give the analysis of a lawyer’s work upon
making up this contract, say if the contract meets the requirements mentioned
in Texts 2 and 3.
CONTRACT No __
CONTRACT FOR EXPORTING OF GOODS
Moscow “____” _________20__
42
__________, Moscow, Russia, hereinafter referred to “ХХХ”, on the one part, and __________,
Nigeria, hereinafter referred to “YYY”, on the other part, have signed the present contract as
follows:
КОНТРАКТ № __
НА ЭКСПОРТ ТОВАРОВ
г.Москва «____» _________20__г.
__________ , Москва, Россия, далее именуемое «ХХХ», с одной стороны, и __________,
далее именуемая «YYY», с другой стороны, подписали настоящий контракт о
нижеследующем.
1
1.1. XXX shall deliver the goods as under Annex 1 to the Contract being its integral part to the
total amount indicated in clause 1.1 within _____ months of the date of signing this Contract.
Quantity: _______ metric tons.
Price per ton: ______
Total amount: ______
The delivery shall be effected on C.I.F. terms, Nigerian port.
1.2. The date of Bill of Lading made out for this lot of goods shall be considered as the date of
delivery of goods. The goods delivered under this Contract shall be considered accepted:
– in respect of quality – in accordance with the quality provided for in the Quality Certificate of
the manufacturer;
– in respect of quantity – in accordance with the quantity of the pieces and the weight stated in the
Bill of Lading.
*****************
1.1. ХХХ поставит товары, перечисленные в Приложении 1 к контракту, которое является
его неотъемлемой частью, на сумму, указанную в пункте 1.1, в течение ____ месяцев с даты
подписания настоящего контракта.
Количество: _____ метрических тонн.
Цена за тонну: _____
Общая сумма: _____
Поставки будут осуществляться на условиях СИФ, порт Нигерии.
1.2. Дата коносамента, выписанного на данную партию товара, считается датой поставки
товара. Товар, поставленный по данному контракту, считается принятым:
– по качеству – в соответствии с качеством, указанным в сертификате качества, выписанном
производителем;
43
– по количеству – в соответствии с количеством предметов и весом, указанными в
коносаменте.
2
2.1. Payments for the goods delivered in accordance with the present Contract shall be effected by
YYY in (currency of payment).
2.2. In order to effect payments, YYY shall open within 30 (thirty) days from the date of receipt
from XXX of the cable notification of readiness of the goods for delivery an irrevocable confirmed
letter of credit with a Bank for Foreign Economic Affairs, Moscow, through the State Bank of
Nigeria in favour of XXX to the amounts stated in 1.1 and shall be valid for a period of ______
months from the date of opening of Letter of Credit.
2.3. Should YYY do not open the Letter of Credit within the period stipulated in clause 2.1 and in
accordance with the terms and conditions of clause 2.6 of this Contract, XXX shall be entitled to
correspondingly prolong the period of delivery of the goods either for a period of delay in opening
the Letter of Credit or for a period to be required to make the Letter of Credit correspondent to the
terms and conditions of the clause 2.6 of this Contract. Should the validity of the Letter of Credit
be prolonged, the validity of the Contract shall be prolonged automatically.
2.4. The Letter of Credit should not contain any other terms and conditions except those stipulated
by the present Contract.
2.5. The payments under the Letter of Credit shall be effected by the Bank for Foreign Economic
Affairs for delivery of goods against the invoices of XXX to be forwarded in 3 copies for every
lot of goods attaching the following documents:
1). Two originals of a clean on board Bill of Lading, issued in the Black Sea port in the address
of YYY.
2). Shipping specification – 3 copies.
3). Quality certificate – 1 copy.
4). Insurance policy issued by the Ingosstrakh – 1 copy.
2.6. The Letter of Credit shall contain the following terms and conditions:
a) partial shipment is allowed;
b) the number of the Letter of Credit shall be written only on the invoices;
c) the sum of each invoice shall be calculated on the basis of the actual weight of the shipped
goods and average weight price per each Net metric ton of the goods equal to _________, C.I.F.,
the port of Nigeria;
d) the total value inclusive of the sum of the last invoice shall not exceed the total Contract
value;
e) the Letter of Credit shall contain the terms and conditions of this clause 2.4 of this Contract;
f) the Contract will be deemed to have been fulfilled when supply of goods is effected within 5%
of the contracted volume. However, payment will be on the basis of actual quantities as per the
Bill of Lading.
2.7. All the expenses connected with the opening Letter of Credit, notification of its opening and,
in case of necessity, increase and prolongation of the Letter of Credit shall be borne by YYY.
*****************
44
2.1. Платежи за товар, поставленный по настоящему контракту, осуществляются YYY в
(валюта платежа).
2.2. Для производства платежей YYY, в течение 30 дней с даты получения от ХХХ
извещения о готовности товара к отгрузке, откроет во Внешэкономбанке, Москва, через
Госбанк Нигерии безотзывный подтвержденный аккредитив в пользу ХХХ на сумму,
указанную в пункте 1.1. Аккредитив будет действовать в течение _______ месяцев с даты
его открытия.
2.3. Если YYY не откроет аккредитив в течение периода, обусловленного в пункте 2.1, и в
соответствии с условиями пункта 2.6 настоящего контракта, ХХХ будет иметь право
продлить соответственно срок поставки товара – либо на срок задержки открытия
аккредитива, либо на срок, необходимый для приведения аккредитива к условиям пункта
2.6 настоящего контракта. Если срок действия аккредитива будет продлен, то срок действия
настоящего контракта продлевается автоматически.
2.4. Аккредитив не должен содержать никаких других условий, кроме оговоренных
настоящим контрактом.
2.5. Платежи с аккредитива должны осуществляться Внешэкономбанком за поставку товара
против счетов ХХХ, выставляемых в 3 экземплярах на каждую партию товара с
приложением следующих документов:
1). Два оригинала чистого бортового коносамента, выписанного в порту Черного моря на
имя YYY.
2. Отгрузочная спецификация – 3 экземпляра.
3). Сертификат качества – 1 экземпляр.
4). Страховой полис, выписанный Ингосстрахом, – 1 экземпляр.
2.6. Аккредитив должен содержать следующие условия:
а) частичные отгрузки разрешены;
b) номер аккредитива должен быть написан только на счетах;
c) сумма каждого счета рассчитывается на основе фактического веса отгруженных
товаров и средневесовой цены за каждую метрическую нетто-тонну товара, равной
______, СИФ, порт Нигерии;
d) общая стоимость, включая сумму последнего счета, не может превышать общую цену
контракта
e) аккредитив должен содержать условия настоящего пункта 2.6 настоящего контракта;
f) контракт считается выполненным, если поставка товара осуществлена в пределах 5%
общего объема по контракту. Однако платежи будут произведены на основе фактического
количества в соответствии с коносаментом.
2.7. Все расходы, связанные с открытием аккредитива, сообщением об его открытии и, в
случае необходимости, увеличением и продлением аккредитива, будет нести YYY.
3
3.1. When delivering the goods, the following documentation shall be forwarded to YYY:
a) Bill of Lading – three originals and four copies including one original to be sent by airmail to
YYY’s agent at the port; two originals with the invoice, one copy to YYY by airmail; one copy by
45
airmail to the YYY’s agent; two copies with the captain’s mail;
b) shipping specification in six copies including one copy to be sent by airmail to YYY at the port;
three copies with the invoice; one copy with the captain’s mail and one copy by airmail to YYY’s
agent at the port;
c) Quality Certificate in two copies including one copy with the captain’s mail and the other with
the invoice;
d) Packing List in four copies including two copies along with the cargo inside Case No.1; two
copies with each package (one copy inside the package and the second one inside the special
pocket on the outer side of the case);
e) Insurance Policy with the invoice – 1 copy.
3.2. The packing of the goods to be delivered under the present Contract shall ensure its safety
during both railway and marine transportation as well as during transshipment when the usual
handling of the cargo is applied.
3.3. The goods to be delivered shall have the following marking:
– “Made in Russia”;
– The port of loading;
– Order Number;
– Case Number;
– Net and Gross Weight;
– Consignee;
– Contract No.;
– Port of destination.
3.4. The package number is shown with the fraction; the numerator being the serial number of the
package and the denominator being the total number of the packages containing a complete unit
of the goods.
3.5. The package that cannot have the above mode of marking shall have a metal tablet fastened
and bearing the required marking.
3.6. YYY shall ensure the unloading of the goods from the Vessels at the port of unloading at his
own expense.
******************
3.1. При отгрузках товара YYY должны отправляться следующие документы:
a) коносамент – три оригинала и четыре копии, включая один оригинал, который должен
отправляться авиапочтой агенту YYY в порту, два оригинала со счетом, одна копия
авиапочтой YYY, одна копия авиапочтой агенту YYY, две копии капитанской почтой;
b) отгрузочная спецификация в шести экземплярах, включая один экземпляр, отсылаемый
авиапочтой для YYY в порт, три экземпляра со счетом, один экземпляр капитанской
почтой, один экз. авиапочтой агенту YYY в порту;
c) сертификат качества в двух экземплярах, включая один экземпляр капитанской почтой,
а другой со счетом;
d) упаковочный лист в четырех экземплярах, включая два экземпляра с грузом вместе с
грузом в ящике №1, два экземпляра в каждом грузовом месте ( один экземпляр внутри
упаковки и один экземпляр в специальном кармане, укрепленном снаружи ящика);
e) страховой полис со счетом – 1 экземпляр.
46
3.2. Упаковка товара, поставляемого по данному контракту, должна обеспечить его
сохранность как при железнодорожной, так и при морской перевозках, а также при
перевалках при обычном обращении с грузом.
3.3. Поставляемые товары должны иметь следующую маркировку:
– «Сделано в России»;
– порт погрузки;
– номер заказа;
– номер ящика;
– вес нетто и брутто;
– получатель;
– контракт №;
– порт назначения.
3.4. Номер грузового места указывается в виде дроби: числитель – номер грузового места,
знаменатель – общее количество мест, содержащих комплектную партию товара.
3.5. Грузовые места, которые не могут быть промаркированы вышеуказанным способом,
должны иметь прикрепленную металлическую табличку, на которой нанесена требуемая
маркировка.
3.6. YYY обеспечит разгрузку товара с судов в порту выгрузки за свой счет.
4
4.1. XXX guarantees the quality of the delivered goods within 6 months from the date of delivery
at the port of destination.
4.2. Should any quantity of delivered goods prove to be defective during the guarantee period
XXX at its own expense shall replace the defective goods for the corresponding goods of proper
quality. The guarantees shall not cover the goods damaged en route or due to nonobservance of
instructions on storage or due to carelessness or improper handling while transshipment or usage.
4.3. Any claims in respect of defects of the goods which detected within the guarantee period shall
be submitted to XXX not later than 30 (thirty) days after guarantee period expires.
4.4. Any defects detected in the delivered goods during the guarantee period shall be covered by a
Fault Detection Report to be issued within a reasonable period of time, but not later than 30 (thirty)
days after the defect is found, furthermore, the participation of the XXX’s representative or a
person authorized by the Supplier for issuing the Fault Detection Report shall be obligatory.
Should the XXX’s representative do not arrive for participation in drawing up the Fault Detection
Report within 30 days from the date of receiving the written notification from YYY, the latter shall
issue the Fault Detection Report in unilateral order and this Fault Detection Report shall be the
ground to present a Claim. A list with the detailed description of the detected defects is to be
enclosed with the YYY’s notification.
4.5. The Fault Detection Report shall be considered the document substantiating the Claim.
4.6. The Fault Detection Report shall contain the description and quantity of the goods under
claims, order number, description and origin of the defect, the date of the goods delivery at the
47
port of unloading, the condition of packing and storage as well as the concrete claim of YYY. A
photo of the defective goods is to be attached thereto if possible. The claim shall be sent by the
registered mail with the enclosure of all the required documents. The date of the postal stamp of
the country of dispatch shall be deemed the date of presenting the claim.
4.7. Claims in respect of quantity of the goods (shortage while packing being intact) shall be
presented within 9 months from the date of delivery of the corresponding lot of goods in
accordance with the procedure specified in sub-clauses 4.4, 4.5, and 4.6 of this article 4 on
condition that the goods were delivered to the place of destination with packing intact and was not
damaged through the transport agencies fault.
4.8. XXX undertakes to settle such claims within 3 (three) months from the date of receipt of the
claim.
*********************
4.1. ХХХ гарантирует качество отгруженного товара в течение 6 месяцев с даты доставки в
порт назначения.
4.2. Если какое-либо количество товара окажется дефектным в течение гарантийного срока,
то ХХХ заменит дефектный товар на соответствующий товар надлежащего качества за свой
счет. Гарантии не распространяются на товары, поврежденные в пути, поврежденные из-за
несоблюдения инструкций по складированию, или из-за неосторожного или неправильного
обращения с товаром во время перевалок и при его использовании.
4.3. Любые претензии в отношении дефектов товара, выявленных в течение гарантийного
срока, должны быть представлены ХХХ не позднее 30 (тридцати) дней после истечения
гарантийного срока.
4.4. Любые дефекты, обнаруженные в поставленном товаре в течение гарантийного срока,
оформляются Актом дефектации, который составляется в разумный срок, но не позднее 30
дней после обнаружения дефекта. Кроме того, участие представителя ХХХ или
назначенного Поставщиком лица при составлении Акта обязательно. Если представитель
ХХХ не прибудет для составления Акта в течение 30 дней с даты получения письменного
уведомления от YYY, то она составляет Акт в одностороннем порядке, и этот Акт будет
основой для представления Рекламации. К уведомлению YYY о дефекте должно быть
приложено подробное описание обнаруженных дефектов.
4.5. Акт дефектации считается документом, подтверждающим Рекламацию.
4.6. Акт дефектации должен содержать описание и количество товара, по которому
предъявляется претензия, номер заказа, описание и причину дефекта, дату поставки товара
в порт разгрузки, условия упаковки и складирования, а также конкретную претензию YYY.
По возможности прилагается фото дефектного товара. Претензия отправляется заказным
письмом с приложением всех необходимых документов. Дата почтового штемпеля страны
отправления считается датой выставления претензии.
4.7. Претензии в отношении количества товара (внутритарная недостача) представляются в
течение 9 месяцев с даты поставки соответствующей партии товара, в соответствии с
процедурой, описанной в подпунктах 4.4., 4.5 и 4.6 настоящей статьи 4 с условием, что
48
товар прибыл к месту назначения в неповрежденной упаковке и не был поврежден по вине
транспортных агентов.
4.8. ХХХ обязуется урегулировать такие претензии в течение 3 месяцев с даты их
получения.
5
5.1. XXX shall insure the goods to be delivered on C.I.F. terms, port of Nigeria, against usual
marine risks with Ingosstrakh in accordance with the “Transport Insurance Rules”. The insurance
shall cover the full amount for the goods on terms and conditions “against all risks”.
5.2. All the claims that may arise in connection with the loss and damage of the goods during
transportation shall be presented by YYY to Ingosstrakh directly.
5.3. Any risk of an accidental loss, breakage or damage to the goods passes from XXX to YYY
from the moment of loading the goods on board the ship at the port of loading.
*******************
5.1. ХХХ застрахует товары, поставляемые на условиях СИФ, порт Нигерии, против
обычных морских рисков в Ингосстрахе, в соответствии с «Правилами транспортного
страхования». Страхование производится на всю стоимость товара на условиях «от всех
рисков».
5.2. Все претензии, которые могут возникнуть в связи с утратой и повреждением товара во
время транспортировки, должны предъявляться YYY непосредственно в Ингосстрах.
5.3. Любой риск утраты, поломки или повреждения товара переходит от ХХХ к YYY с
момента погрузки товара на борт судна в порту погрузки.
6
6.1. In case of any disagreement between the parties on any matter arising from or connected with
the implementation of this Contract, XXX and YYY shall immediately consult each other and
endeavor to reach a peaceful settlement of such disagreement.
6.2. Any dispute or difference which may arise out of or in connection with this Contract to be
referred, with exclusion of the ordinary courts of law, for the decision of arbitration as follow.
a) If the defendant in such dispute or difference is XXX the arbitration shall be held in Moscow
by the arbitration court at the Chamber of Commerce in accordance with the Rules of Procedure
of the said Court.
b) If the defendant in such dispute or difference is YYY, the arbitration shall be held by the
Nigerian Arbitration Court in accordance with the procedure of the said Court.
Any award of the corresponding arbitration shall be final and binding for both parties hereto.
*******************
49
6.1. В случае какого-либо разногласия между сторонами по вопросу, возникающему из или
связанному с выполнением настоящего контракта, XXX и YYY должны немедленно
проконсультироваться друг с другом и попытаться достичь мирного урегулирования такого
разногласия.
6.2. Любой спор или разногласие, которые могут возникнуть из настоящего контракта или
в связи с ним, за исключением подсудности общим судам, передаются на рассмотрение в
арбитраж, как изложено ниже.
a) Если ответчиком в таком споре или разногласии является ХХХ, то дело рассматривается
в Москве, в арбитражном суде Торгово-промышленной палаты в соответствии с
процессуальными нормами этого суда.
b) Если ответчиком в таком споре или разногласии является YYY, то дело рассматривается
в Нигерийском арбитражном суде в соответствии с процессуальными нормами этого суда.
Решение арбитражного суда является окончательным и обязательным для обеих сторон по
настоящему контракту.
7
7.1. Should the fulfillment of this Contract be infringed due to hostilities, embargo, blockades or
any other contingence beyond either party’s control, the parties shall not be responsible for the
fulfilment of this Contract and the representatives of both parties shall immediately consult each
other and agree upon the actions to be taken.
7.2. Under the circumstances the time of fulfilment of all the obligations of both parties under this
Contract shall be postponed for the period during which the force-majeure or any consequences of
the same will exist.
7.3. Strikes shall not be deemed as force majeure.
7.4. The existence of such circumstances on Russia’s territory shall be confirmed by a certificate
of the Chamber of Industry and Commerce of Russia while the existence of such circumstances
on the territory of Nigeria shall be confirmed by a certificate issued by a competent Nigerian
organization.
********************
7.1. Если выполнение этого контракта нарушится из-за военных действий, эмбарго, блокад
или какими-либо другими непредвиденными событиями, которые находятся вне контроля
сторон контракта, то стороны не будут нести ответственности за невыполнение контракта,
и представители сторон должны немедленно проконсультироваться и согласовать
необходимые действия.
7.2. При таких обстоятельствах срок выполнения всех обязанностей обеих сторон по
данному контракту откладывается на время действия форс-мажора или любых его
последствий.
7.3. Забастовки не считаются форс-мажорными обстоятельствами.
50
7.4. Наличие таких обстоятельств на территории России подтверждается сертификатом
Торгово-промышленной палаты России, а наличие таких обстоятельств на территории
Нигерии подтверждается сертификатом компетентной организации Нигерии.
8
8.1. Neither of the parties is entitled to transfer their rights and obligations under the present
Contract to a third party without the other party’s consent thereto in writing. The parties shall
inform each other in each particular case of transfer of the rights to the lawful successors as soon
as it takes place.
8.2. All duties and taxes including customs, post and stamp duties, bank commissions and other
expenditures under the present Contract on the territory of the Russian Federation shall be borne
by XXX and those on the territory of the Nigeria shall be borne by YYY.
8.3. All port and other dues payable in accordance with the regulations in force at the port of
unloading as well as other expenses connected with unloading (including stevedoring, lighterage,
wharfage, overtime and night work charges) shall be borne by YYY.
8.4. XXX and YYY shall be correspondingly liable for timely obtaining Export and Import
Licenses and other permits.
8.5. After the present Contract is signed all the previous negotiations and correspondence between
the parties in respect to this Contract shall be considered null and void.
8.6. All amendments to the present Contract shall be considered valid should the same be in writing
and signed by persons duly authorized by both parties.
8.7. All correspondence connected with the execution of the present Contract shall be in English.
The present Contract is signed in duplicate in English, one signed copy is to be held by XXX and
the other by YYY.
8.8. The present Contract is subject to the approval by the Government of Nigeria and shall become
effective from the date of its approval. YYY shall inform XXX about the date of the Contract
approval within three (3) days after its approval.>
*******************
8.1. Ни одна из сторон не имеет права передать свои права и обязанности по настоящему
контракту третьей стороне без письменного согласия на то другой стороны. Стороны
проинформируют друг друга в каждом отдельном случае передачи прав их законному
правопреемнику, как только такой случай наступит.
8.2. Все налоги и пошлины, включая таможенную пошлину, почтовые и гербовые сборы,
банковские комиссии и другие расходы по настоящему контракту на территории
Российской Федерации несет ХХХ, а на территории Нигерии – YYY.
8.3. Все портовые и другие пошлины, оплачиваемые в соответствии с действующими
правилами в порту разгрузки, а также другие расходы, связанные с разгрузкой (включая
51
расходы по погрузке и выгрузке, лихтеровку, причальные сборы, сверхурочную работу и
работу в ночное время), будет нести YYY.
8.4. XXX и YYY будут соответственно нести ответственность за своевременное получение
экспортных и импортных лицензий, и других разрешений.
8.5. После подписания настоящего контракта все предыдущие переговоры и переписка,
связанные с контрактом, должны считаться недействительными.
8.6. Все изменения и дополнения к настоящему контракту будут считаться
действительными при условии, что они оформлены в письменном виде и подписаны
уполномоченными на это представителями обеих сторон.
8.7. Вся переписка, связанная с исполнением настоящего контракта, должна вестись на
английском языке. Настоящий контракт подписан в двух экземплярах на английском языке
– один подписанный экземпляр должен находиться у ХХХ, а другой – у YYY.
8.8. Настоящий контракт подлежит утверждению Правительством Нигерии, и вступит в
силу с даты этого утверждения. YYY должна проинформировать ХХХ о дате утверждения
контракта в течение трех (3) дней после утверждения.
Legal addresses of the Parties:
Юридические адреса сторон:
Signatures:
Подписи:
Exercise 3.
Translate the missing excerpts using the contract vocabulary.
ДОГОВОР № от
… GmbH (Германия), именуемый в
дальнейшем Продавец, и … (Россия),
именуемый в дальнейшем Покупатель,
заключили настоящий Договор о
нижеследующем:
1. ПРЕДМЕТ ДОГОВОРА
1.1. Продавец продает, а Покупатель покупает
на условиях CIP (доставка автотранспортом) -
г. Пушкино, Московская область, Россия
(согласно ИНКОТЕРМС 2000),
CONTRACT No
… GmbH (Germany), ______________
__________"Seller" and … Company Ltd
(Russia), ____________________"Buyer" have
concluded the present Contract on the following
basis:
1. ____________________________
1.1. The Seller sells and the Buyer buys on the
terms CIP (shipment by truck)- Pushkino,
Moscow region Russia (according
INCOTERMS 2000), the ophthalmologic
52
офтальмологическое оборудование (далее
Оборудование), в соответствии с условиями,
ценами и количеством, указанными в
Спецификации, являющейся неотъемлемой
частью Договора.
2. ЦЕНА И ОБЩАЯ СУММА ДОГОВОРА
2.1. Цены на Оборудование, указанные в
Спецификации, изменению не подлежат и
понимаются CIP – г. Пушкино, Московская
область, Россия (согласно ИНКОТЕРМС
2000). Цены зафиксированы в ЕВРО.
2.2. Общая сумма Договора составляет …
ЕВРО 00 евроцентов, включая стоимость
перевозки и страхования.
3. СРОКИ И УСЛОВИЯ ПОСТАВКИ
3.1. Покупатель производит заказ
Оборудования по электронной почте
(сканированная копия) у Продавца в
соответствии с Договором.
3.2. Оборудование по настоящему Договору
должно быть поставлено автотранспортом в
течение 4 месяцев по следующему адресу:
ОАО …
РОССИЯ
141205 г. Пушкино Московская обл.
ул. Межевая, 3а
Тел./Факс: 007 …
3.3. Датой поставки Стороны считают дату
отгрузки Оборудования, указанную в
транспортной накладной.
3.4. Продавец информирует Покупателя по
электронной почте (копия инвойса) о
готовности Оборудования к отгрузке.
3.5. С Оборудованием должны быть
поставлены следующие документы:
• счет-фактура Продавца (оригинал и копия);
• транспортная накладная на имя
грузополучателя;
• специфицированный упаковочный лист (2
копии);
• страховое свидетельство.
3.6. Досрочная отгрузка разрешается.
equipment, hereinafter referred to as
“Equipment”, as per on terms, prices and
quantity as stated in the Specification, which
will be considered as an integral part of the
Contract.
2. ____________________________________
2.1. The Prices for the Equipment as stated in
the Specification ______________________
and understood to be CIP- Pushkino Moscow
region Russia, (according to INCOTERMS
2000). Prices are fixed in EUR.
2.2. _________________ is € …and 00
eurocents, including cost of carriage and
insurance.
3. __________________________________
3.1 The Buyer orders the Equipment according
to the Contract from the Seller by e-mail (scan
copy).
3.2. _________________________________
_____________________________________
_____________________________________:
OJSC …
3a Mezhevaya st.
141205 Pushkino Moscow region
RUSSIA
Phone/fax: 007 …
3.3. The date of the delivery is to be considered
the shipment date of the Equipment in CMR.
3.4. __________________________________
______________________________________
______________________________________.
3.5 The following documents are to be shipped
together with the Equipment:
• Invoice (original and copy);
• CMR to the Consignment name;
• Specified packing list (2 copies);
• Insurance certificate;
3.6. Prior shipment is allowed.
53
4. НЕУСТОЙКА
4.1. Если согласованные даты поставки
Оборудования по настоящему Договору не
соблюдаются из-за небрежности со стороны
Продавца, Продавец выплачивает Покупателю
конвенциональный штраф в размере 0,5% от
стоимости не поставленного в срок
Оборудования в течение первых 4-х недель и
1% за каждую последующую неделю, но не
более 10% от стоимости не поставленного в
срок оборудования.
4.2. Если согласованные даты оплаты
настоящего Договора не соблюдаются из-за
небрежности со стороны Покупателя,
Покупатель выплачивает Продавцу
конвенциональный штраф в размере 0,5% от
стоимости неоплаченного в срок
Оборудования в течение первых 4-х недель и
1% за каждую последующую неделю, но не
более 10% от стоимости не оплаченного в
срок Оборудования.
5. КАЧЕСТВО ТОВАРА,
УПАКОВКА И МАРКИРОВКА
5.1. Качество проданного Оборудования
должно соответствовать техническим
условиям завода-изготовителя.
5.2. Упаковка, в которой отгружается
оборудование, должна обеспечивать, при
условии надлежащего обращения с грузом,
сохранность Оборудования при
транспортировке и соответствовать
стандартам, прописанным для данного вида
Оборудования и методов его
транспортировки. На каждое место должна
быть нанесена следующая маркировка:
название пункта назначения, наименование
Продавца, номер места, вес брутто, вес нетто,
габариты ящика (см).
6. ПЛАТЕЖИ
6.1. Платежи по настоящему Договору
производятся в следующем порядке:
Покупатель осуществляет предоплату в
размере … ЕВРО 00 евроцентов в течение
4. LIQUIDATED DAMAGES
4.1. _________________________________
_____________________________________
______________________________________,
the Seller shall pay to the Buyer the
conventional penalty at the rate of 0,5 percent of
the delayed Equipment value per each week for
the first four weeks and 1 percent per each
following week, but total amount of agreed and
liquidated damages is not to exceed 10 percent
of the delayed goods value.
4.2. If the agreed payment dates of the present
Contract are not observed due to negligence on
the part of the Buyer, the Buyer shall pay to the
Seller the conventional penalty at the rate of 0,5
percent of the unpaid on term Equipment value
per each week for the first four weeks and 1
percent per each following week, but total
amount of agreed and liquidated damages is not
to exceed 10 percent of the unpaid on term
Equipment value.
5. QUALITY OF GOODS, PACKING AND
MARKING
5.1. The quality of the sold Equipment shall be
in conformity with the specifications of the
manufacturing plant.
5.2. The packing of the Equipment to be shipped
shall be in conformity with the standards
established for this kind of Equipment and the
chosen method of transportation, and shall
ensure the safety of the Equipment during the
transportation. Each place should be marked
with address of the Buyer, name of the Seller,
number of the place, size of the box (cm), net
weight.
6. TERMS OF PAYMENTS
6.1. __________________________________
__________________________________:
The Buyer transfers the down payment in the
amount of … EUR 00 eurocents within 10
54
10 календарных дней со дня подписания
настоящего Договора;
… ЕВРО 00 евроцентов Покупатель переводит
на счет Продавца в течение 365 календарных
дней равными платежами по … евро 00
евроцентов в месяц по окончании монтажа
Оборудования и подписании акта
выполненных работ.
6.2. Платежи осуществляются Покупателем
путем перечисления сумм на счет Продавца в
банке:
6.3. После перевода денег Покупатель
незамедлительно направляет Продавцу по
электронной почте копию документа,
подтверждающего перевод.
7. ГАРАНТИИ
7.1. Качество Оборудования должно быть в
полном соответствии с техническими
условиями и спецификациями, указанными
в Предложении Продавца.
7.2. Срок гарантии Оборудования составляет
12 месяцев с момента начала его
использования, но не более 13 месяцев с даты,
указанной в отгрузочных документах.
7.3. Если задержка эксплуатации
оборудования происходит по вине Продавца,
срок гарантии продляется на
соответствующий период времени.
7.4. Если Оборудование оказывается
неисправным по вине Производителя в
течение гарантийного периода или не
соответствует характеристикам и условиям,
указанным в Договоре, Продавец может по
своему усмотрению устранить имеющиеся
дефекты или обменять поврежденное
Оборудование (запасные части) бесплатно, с
доставкой его без промедления в страну
Покупателя (при этом стоимость доставки и
страховки оплачивается за счет Продавца).
7.5. В случае если Оборудование было
испорчено в течение гарантийного периода по
calendar days since the date the Contract is
signed.
… EUR 00 eurocents the Buyer transfers to the
Seller’s account within 365 calendar days by the
equal payments of …EUR 00 eurocents a month
after the Equipment installation is finished and
the statement of completion is signed.
6.2. __________________________________
_____________________________________
______________________________________:
6.3. The Buyer will send without delay the
copies of the payment confirmation documents
to the Seller by e-mail after each money
transfer.
7. WARRANTY
7.1 Quality of the shipped Equipment shall be in
full conformity with technical conditions and
specifications of the Quotation.
7.2 ___________________________________
______________________________________
______________________________________
______________________________________.
7.3 If delay in putting the Equipment into
operation takes place through the Seller’s fault
the guarantee period shall be prolonged
respectively.
7.4 ___________________________________
______________________________________
during the period of warranty period or should
they not conform to the terms and conditions of
the Contract, the Seller shall undertake at the
Seller’s option to remedy the defects or replace
the faulty Equipment (spare parts) free of charge
delivering them without delay to the country of
the Buyer, the cost of transportation and
insurance being at the Seller’s expense.
7.5 If the Equipment was damaged during the
warranty period through the Buyer's fault, the
55
вине Покупателя, ремонт осуществляется за
счет Покупателя.
8. АРБИТРАЖ
8.1. Все проблемы и разногласия, которые
могут возникнуть по настоящему Договору,
следует решать взаимной договоренностью.
Если стороны не могут прийти к соглашению,
любой спор, возникающий из или в связи с
настоящим Соглашением, в том числе любой
вопрос в отношении его существования,
действительности или прекращения, должен
быть передан и, наконец, решен путем
арбитража в соответствии с Арбитражным
регламентом Немецкого института
Schiedsgerichtswesen e. В. (DIS). Трибунал
состоит из трех арбитров. Языком
арбитражного разбирательства является
английский язык. Место арбитража является
Вена, Австрия .
9. ФОРС-МАЖОР
9.1. Ситуация форс-мажора определяется
согласно общепринятым международным
правилам торговли.
10. ПРОЧИЕ УСЛОВИЯ
10.1. Настоящий Договор вступает в силу с
момента его подписания обеими Сторонами.
10.2. Любые изменения и дополнения к
настоящему Договору действительны лишь в
том случае, если они совершены в письменной
форме и подписаны обеими Сторонами.
10.3. Срок окончания Договора 31.12.2012.
10.4. Настоящий Договор составлен в 2-х
экземплярах на русском и английском языках
по одному экземпляру для каждой стороны,
причем оба текста имеют одинаковую силу.
10.5. Все документы, переданные электронной
почтой (факсом), являются действительными
до момента получения оригиналов.
11. ЮРИДИЧЕСКИЕ АДРЕСА СТОРОН
ПРОДАВЕЦ:
repair work should be carried out at the expense
of the Buyer.
8. _________________________
8.1. __________________________________
______________________________________
______________________________________
______________________________________.
If the parties fail to reach an agreement, any
dispute arising out of or in connection with the
present Contract, including any question
regarding its existence, validity or termination,
shall be referred to and finally resolved by
arbitration under the Arbitration Rules of the
Deutsche Institution für Schiedsgerichtswesen e.
V. (DIS). The tribunal shall consist of three
arbitrators. _____________________________
______________________________________
_______________________________________
______________________________________.
9. FORCE – MAJEURE
9.1. ___________________________________
______________________________________
______________________________________.
10. OTHER CONDITIONS
10.1. The present Contract shall come into
effect on the date of signing it by both Parties.
10.2 Any amendment and addendum to the
present Contract shall be valid only when they
are made in written form and duly signed by
both Parties.
10.3. The Contract ends on 31.12.2012.
10.4. The present Contract has been made out in
two copies in English and Russian in one copy
for each party and both texts being authentic.
10.5. All documents transmitted by e-mail (fax)
are valid till the moment of the receipt of the
originals.
11. LEGAL ADDRESSES OF THE PARTIES
THE SELLER:
56
Exercise 4.
Scan this standard contract on import of bulk wine material and answer the
questions.
1. What section identifies the parties to a contract?
2. In what clause do the parties agree upon the laws applied to?
3. What kind of packing is mentioned in the contract?
4. How many lots of the goods shall be shipped upon the agreement?
5. What’s the language of marking?
6. How many appendixes does the contract contain?
Moscow " " _____________.
_____________" _____________", _____________, hereinafter referred to as the
"Seller", on the one hand, and firm " _____________", _____________, the Russian
Federation, hereinafter referred to as the "Buyer", on the other hand, have concluded
the present contract as follows:
1. SUBJECT OF THE CONTRACT
The Seller has sold and the Buyer has bought the below-mentioned goods:
bulk wine material untreated and unstable for bottling from red varieties of the
grapes, made of a crop of _____________, of an approximate ____ percent alcoholic
strength by volume in quantity of________ liters +/-_____________%
(_____________flexi tanks) and from white varieties of the grapes, made of a crop
of _____________, of an approximate _____ percent alcoholic strength by volume
in quantity of _____ liters +/-_____________% (_____________ flexi-tanks).
2. QUALITY OF THE GOODS
The Goods should fully comply with descriptions, characteristics and other data
specified in Appendix No.1 to the present Contract, and its quality will be confirmed
ПОКУПАТЕЛЬ:
ОТ ИМЕНИ ПРОДАВЦА:
ОТ ИМЕНИ ПОКУПАТЕЛЯ:
__________________________
THE BUYER:
FOR AND ON BEHALF OF THE SELLER:
FOR AND ON BEHALF OF THE BUYER:
__________________________
57
with the Certificate of Quality issued by the manufacturer of the goods, and also
with the samples, sent to the Buyer before shipment of the goods.
3. PRICE AND THE TOTAL VALUE OF THE GOODS
The Price of the goods specified in paragraph 1 of the present contract is _____USD
for liter of red wine material and ___USD for liter of white wine material and is
understood on DDU ______terms, the Russian Federation, (Incoterms 2000)
including the cost of the goods in bulk in flexi-tanks, the cost of transport flexi-tanks
stacked in 20’ sea containers, marks, transportation till _____________and
insurance.
The total value of the goods to be delivered under the present contract is _____USD
(_____________US dollars). The specified price is not subject to change and
includes all taxes, fees and duties arising in territory of _____________in
connection with export of the given goods.
4. PACKING AND MARKING.
The goods are to be delivered packed (in bulk) in the disposable flexi-tanks (for one-
way using), which are soft bags, made from a synthetic material, allowed for contact
with food liquids, and also containing locking fittings necessary for pouring in and
pouring out a liquid product. The flexi-tank stowed in a _____________’ sea
container is filled up by a liquid product, maximal capacity of a flexi-tank -
_____________liters. The above described container-packing should provide safety
of the goods during transportation from a place of manufacturing up to the customer,
and also during transshipment of the goods in a mode of transit. Packing should
correspond to the norms and standards of storage established for wine products. The
Seller bears the responsibility for the damage caused to the goods by inadequate
packing.
Each flexi-tank should be marked as follows:
_____________
_____________wine material in bulk
Gross weight
Net weight
Flexi No. (flexi number/total quantity of flexies in the lot)
Contract No.
58
Marking should be done in English.
Having shipped the goods, the Seller informs the Buyer of the seal No. on the
container and on each packing flexi.
The goods are to be delivered to the territory of the Russian Federation at the address
of _____________.
The Seller is to inform the Buyer by a fax or e-mail message of the shipment of the
goods from a port of the Baltic Sea to _____________not later than within
_____hours from the moment of shipment. The Seller is to inform the number of the
Contract, date and time of shipment, denomination of the goods, gross and net
weight, seal Nos. on the containers, number of waybill, value of the goods.
5. TIME OF SHIPMENT
The first lot of the goods (___liters of red wine material, _____containers) will be
shipped before ___________.
The second lot of the goods (_____liters of _____________wine material, ______
containers) will be shipped before _____________.
The third lot of the goods (______liters of white wine material, ______containers)
will be shipped before _____________.
The fourth lot of the goods (____ liters of _____________wine material,
____containers) will be shipped before _____________.
The date of the Bill of Lading will be considered as the date of shipment.
The goods shall be shipped and delivered to the Buyer in different lots.
Upon receipt of the goods, the Buyer undertakes to clear up the imported goods from
the customs. Free-of-charge time given to the Buyer for unloading and customs
clearance of the goods is only 3 (three) working days from the moment of arrival of
the containers with flexi-tanks with the goods in _____________to a customs
warehouse of the Buyer. In case of exceeding the given time the Buyer is obliged to
pay the idle time of truck and containers at the rate of _______USD per container
for each day of delay, but no more than ______% from the total value of the
Contract.
6. PAYMENTS
6.1. Payment of the value of the goods to be delivered under the present Contract for
the amount of _______USD (_____________00/100 US dollars) will be effected in
59
US Dollars out of irrevocable non-confirmed Letter of Credit to be opened in
_____________ on behalf of the Buyer in favour of the Seller.
6.2. The Letter of Credit is to be advised through _____________ (SWIFT:
_____________), _____________.
6.3. The Letter of Credit should be opened for the sum of _______USD
(_____________00/100 US dollars) within _______days after signing the present
Contract and is to be valid within ______ (_____________) days from the date of
its opening for shipment and ________ (_____________) days for the presentation
of the shipping documents.
Payment of the Letter of Credit will be effected partially in accordance with the
effected dispatch upon presentation of the documents to the Bank.
6.4. For receipt of payment under the Letter of Credit the Seller should present to
the bank specified in item. 6.2 the following documents:
three originals and two copies of “Clean on Board” Bill of Lading
the original invoice (with indication " For the goods under the contract № …)
a copy of the shipping specification
a copy of the certificate of quality of the manufacturer;
a copy of the Insurance Policy issued in favour of the Buyer.
All the above-stated documents should be submitted to the bank within the validity
of the Letter of Credit as per p. 6.3.
The Letter of Credit is to allow partial shipments. The Letter of Credit is to be subject
to " Uniform Customs and Practice for Documentary Credits " (1993 Revision), ICC
Publication No. 500.
6.6. All bank charges and commissions connected with effecting payment under the
present Contract on the territory of the Russian Federation and also its confirmation
will be for the account of the Buyer. All bank charges and the commissions outside
of territory of the Russian Federation connected with the use of the Letter of Credit
will be borne by the Seller. Charges for alteration of the terms of the Letter of Credit
are to be paid by that party under whose initiative they were made.
6.7. In case of infringement by the Seller of the schedule of shipments or other terms
of the Contract, all charges on prolongation of the Letter of Credit are charged to the
Seller unless this infringement is caused by force majeure circumstances or because
60
of delays, cancellations or changes in the program of shipments of the transport
company. 6.8. Final settlement of the payment under this contract is made on the
basis of the Certificate of quantity, according to really accepted quantity of the
goods.
6.9. The full set of the shipping documents in English should be sent by the Seller
by courier mail to the direction of the Buyer within 5 (five) days from the date of
shipment of the goods. All charges connected with sending of documents are to be
for the account of the Seller.
7. CLAIMS.
The seller exclusively is responsible for the quality of the goods which should
correspond to the data specified in Appendix 1 of the present Contract, and also to
the quality of samples of the shipped lot of the goods. At the same time, the Buyer
himself has the right to carry out the examination of the goods at his own expense.
The Seller guarantees the quality of the delivered goods to the data, specified in the
present Contract and to the samples handed over provided that transportation and
storage of the goods are carried out in accordance with the requirements stated in
the Appendix 2 to the present Contract. In case of delivery of the bad-quality goods,
the Buyer has the right to present the claim on quality to the Seller and to demand
either return of the value of the goods or its replacement by the goods of the required
quality, and also compensation of already suffered losses, including delivery of the
goods up to the customer, customs clearance of the goods, payment of rent and
storage of containers and other expenses. In case of shortage of the goods at the
flexies, which are in intact conditions, and in the presence of seals on packing flexies
and containers, the Buyer has the right to present the claim to the Seller and to
demand return of cost of the missing goods, and also compensation of all already
suffered charges on import. The Seller has the right to be convinced of validity of
the claim directly or through the representatives.
In case of the loss of the part of the goods during the transportation of the goods and
Insurance Company’s refusal occurred by any reason to compensate this damage in
favour of the Buyer, the Buyer has the right to claim on the Seller requiring to return
the value of the missing goods. The Seller will have the right to be convinced of
reasonability of the claim directly or through the representatives.
8. TRANSPORT CONDITIONS.
The goods sold under the present Contract, should be shipped from a port of the
manufacturer of the goods to a port of the Baltic Sea to address of the Buyer in
_____________ sea containers of the international standard. For transportation are
to be used containers in good condition only providing for technical norms and
securing necessary safety of flexi-tanks and the goods.
61
The Seller should provide safe keeping of the contents of containers with imposing
not less than two seals which description should be shown in the Bill of Lading. The
Seller should place in each container the shipping specification in 4 copies, with the
indication of the following information:
name of the Seller
name of the Buyer
index and number of the container
denomination of the goods
marks of the goods
weight of the goods in the container (net and gross separately), and also volume of
the goods in the container.
The shipping specification should be signed by the Seller and have his stamp. One
copy of the shipping specification together with the certificate of quality should be
placed in each container. Not later than in 24 hours from the date of shipment, the
Seller is obliged to notify the Buyer by telegraph or a telex of the following data:
name of a vessel
date of sailing of a vessel from the port
number of Bill of Lading
denomination of the goods
quantity of containers under each Bill of Lading and their numbers
Contract №
net and gross weight
9. DELIVERY AND ACCEPTANCE OF THE GOODS.
Receipt of the goods is carried out as follows:
The goods will be considered as delivered by the Seller and accepted by the Buyer:
as for quantity - according to the Certificate of quantity;
62
as for quality - according to paragraph 2.
The quantity and quality of the goods can be controlled by the experts of Chamber
of Commerce and Industry of the Russian Federation in accordance with the quality
of samples under each lot of the goods. Samples (4 liters) of the goods ready for
shipment, should be sent by express mail by the Seller to the Buyer. If during
procedure of acceptance of the goods shortage of the goods or damage of packing
will be found out, the Buyer will have the right to demand from the Seller the
reimbursement to the sum of damage on the basis of the prices of the present
Contract and to apply to the Insurance Company for receiving the compensation due
to insured accident maturing on.
In case of discrepancy of the quality of the goods to the agreed on, the Consignee
should inform the Seller within _________ hours from the date of statement of this
fact by the expert appointed by the Buyer. The Seller will have the right to be
convinced of reasonability of the claim directly or through the representatives. In
case the representatives of the both parties confirm that quality of the goods does not
correspond to the agreed on, the Seller should, at the choice of the Buyer replace the
goods or return its value to the Buyer, as well as compensate already suffered losses.
In case of occurrence of disagreements between the parties, the matter will be
submitted to Arbitration in accordance with paragraph 12 of the present Contract.
10. FORCE MAJEURE.
In case arise the circumstances of force majeure, such as fire, acts of terrorism, war,
military operations, blockade, interdictions on export and import and others which
will prevent any of the parties to perform fully or partially their obligations under
the present Contract, the time of fulfilment of these obligations will be postponed
for that period of time during which these circumstances operate. Meaning that
natural grape materials are received from agricultural raw material, as force majeure
circumstances will be considered climatic anomalies (frosts, hailstorms, drought
etc.) which could damage a crop of grapes in zones of its manufacture. These
circumstances should be properly proved by the announcement of extreme
agricultural situation in the given zone.
If the above-stated circumstances are in force more than 6 months, each of the parties
has the right to refuse to perform their obligations under the present Contract, and in
this case neither party can present any claims to another party. Each party is obliged
to inform the other party on occurrence or the termination of the force majeure
circumstances preventing fulfilment of obligations under the present contract
11. CLAIMS.
63
In case delay in delivery of the goods will exceed ______ days, the Seller will be
obliged to pay to the Buyer the penalty which should be calculated as follows:
in case of delay in delivery from ______ to ______ days - _______ % from the total
value of the goods per every day of delay;
in case of delay of the goods from ______ to _______days - ______ % from a total
value of the goods per every day of delay.
If delay of the goods exceeds three months, the Buyer unilaterally has the right to
terminate the present Contract by the notice in writing.
If the Buyer delays payment of actually delivered quantity of the goods, the Buyer
is obliged to pay to the Seller the penalty at the rate of ______ % from a total value
of the goods per each day of delay.
12. ARBITRATION.
The Seller and the Buyer will take all measures for settlement in a friendly way of
disputes and disagreements which can arise in connection with the present Contract.
In case the parties cannot come to any friendly decision, the dispute should be
transferred to the International Commercial Arbitration Court at the Chamber of
Commerce and Industry of the Russian Federation, _____________.
The applicable law should be the Legislation of the Russian Federation, the award
being final and obligatory for both parties.
13. OTHER CONDITIONS.
If for export of goods under the legislation of _____________ obtaining any license
or authorization of competent state bodies is or will be required, the Seller is obliged
to receive such licenses and authorizations at his own expense.
All amendments and addenda to the present contract will be valid only in the event
that they are made in writing and signed by properly authorized officials.
After signing the present Contract all previous agreements both verbal and written
will be considered null and void.
Neither party can transfer the rights and obligations under this contract to a third
party without the written approval of the other party.
The present Contract is signed in 4 copies (2 in Russian and 2 in English) having
identical force.
64
The present Contract is valid till _____________ .
14. LEGAL ADDRESSES of the PARTIES.
The Seller: ___________________
The Buyer: ___________________
The SELLER
The BUYER
APPENDIX No. 1
to Contract No.
The name of a product: natural grape wine material untreated in bulk (code of the
commodity nomenclature of foreign trade activities № 220430). Quality of the goods
should fully comply with the below-mentioned description of the goods and
characteristics, namely: the description. The initial raw material - the grape must,
produced by pressing fresh grapes and its separating from the solid parts, represents
a muddy liquid, containing a mixture of the various substances inherent in grapes.
Due to presence of barmy cells (cages), the grape must start the fermentation
immediately. The process of fermentation (unrest) of a must stops as a result of its
processing by sulphurous anhydride.
Natural grape wine materials are produced from local varieties of red and white
grapes, all grades of grapes belong to the botanical kind _____________, cultivated
in _____________. Natural grape wine materials untreated in bulk, delivered under
the present contract, are intended for use in the winemaking industry and after
delivery on a winery of the Buyer should be subjected to the following technological
operations: clarification, removal of sediment with a filtration and thermal
processing before bottling.
Physical and chemical characteristics. _____________wine material
_____________wine material
The content of alcohol at _____________
The content of Sugars not more than _____________
Total acidity in tartaric expression _____________
Acidity volatile _____________
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Alkalinity _____________
Chromaticity: _____________
Content of dioxide sulfur
Content of an extract
Organoleptic parameters:
Appearance
Colour
Cleanliness
Taste
Aroma
The SELLER:
“_____________”
_____________
The BUYER:
_____________" _____________" _____________
INN _____________
В/a _____________
General Director /_____________/
APPENDIX No. 2
to Contract No.
TRANSPORTATION and STORAGE
TRANSPORTATION of natural grape wine material in bulk should be observed
according to standard norms of safety for the transportation in flexi-tanks stacked in
_____________foot sea containers: avoiding their damage, overturning and
opening.
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STORAGE
Wine material in bulk should be stored in clean, aired and cool place. Ideal
temperature of storage is between _____________and _____________C. The
guaranteed period of time for storage of wine material in bulk at the above-stated
temperature is _____________months. The storage temperature should not fall
below _____________ C°. and rise above _____________C°.
THE SELLER
THE BUYER
Exercise 5.
Consider these expressions typical for court disputes on remedies and make up
sentences with them.
1. reasonable attorneys’ fees - плата адвокатам в разумных пределах
2. costs of alternative dispute resolution - расходы на альтернативные методы
разрешения споров
3. unless it is adjudicated - пока судом не будет вынесено решение
4. willful misconduct of an indemnified party - намеренное неправильное
поведение пострадавшей стороны
5. indemnification obligation shall be reduced - обязательства по возмещению
ущерба будут уменьшены
Exercise 6.
Translate these contract names and choose one to compose it in English.
Employment Agreement Services Agreement
Confidentiality Agreement Joint Venture Agreement
Custody Agreement Prenuptial Agreement
Merger Agreement Construction Agreement
Shareholders Agreement Copyright License Agreement
Agency Agreement Franchise Agreement
Purchasing Agreement Lease Agreement
Sales Representative Agreement Sale Contract
Retainer Agreement Assignment of Copyright
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UNIT 5
Lead in
Before reading the text please answer the following questions:
1. What English and American newspapers do you know?
2. What difficulties do we usually face when reading newspapers in English?
3. Is it important for a lawyer to read news and political articles?
Reading the press
Reading newspapers is important for more than the obvious reason of keeping
up on local, national and international current events. Aside from keeping current,
reading the newspaper can prepare you for the legal business world. Reading a
business centred paper, like the Wall Street Journal, or latest legal industry news on
thelawyer.com as one of the leading websites for the entire legal professionals can
be quite beneficial. The knowledge you would gain from these readings could help
you make sound and profitable investments in the Stock Market and could help you
decide between which companies to apply to or accept a legal job offer for.
Keeping current will also help make you sound educated in a professional
setting. This could be especially useful in a job interview if you are interviewing
with a company that's been in the news for any reason.
So what makes a non-English speaking reader lose courage and get confused
in the process of the newspaper skimming?
Non-native speakers of English often have great difficulty in understanding
newspaper headlines and vocabulary. The words tabloids use are shorter and
snappier, they catch the eye, use up less space, these words are more emotive and
help sell newspapers and make the circulation bigger.
Headlines are often written in a special, abbreviated style and sometimes it is
difficult to decipher them. Short words save space, thus they are very common in
newspaper headlines.
When translating headlines from English into Russian please be aware that:
1. Articles in the headlines are often omitted, for example:
MURDER CONVICTIONS FACE SUPREME COURT SCRUTINY
ПРОВЕРКА ВЕРХОВНЫМ СУДОМ ОБВИНИТЕЛЬНЫХ ПРИГОВОРОВ ЗА
УБИЙСТВО (not the Supreme Court)
Note: The article in a headline is not omitted if its absence can lead to a misunderstanding or when it is a part of a fixed collocation, for example: NAKED TRUTH ABOUT THE ARM OF THE LAW ВСЯ ПРАВДА О ДЛИННОЙ РУКЕ ЗАКОНА (the arm of the law is a fixed collocation)
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NEW BILL MAKES CYBERATTACKS AN OFFENCE СОГЛАСНО НОВОМУ ЗАКОНОПРОЕКТУ, КОМПЬЮТЕРНЫЕ АТАКИ ЯВЛЯЮТСЯ ПРАВОНАРУШЕНИЕМ (Absence of the article before offence can fundamentally change the meaning). 2. Pay special attention to the use of the verb “to be”: a) It is typical to use an infinitive construction: MURDER CONVICTIONS TO FACE SUPREME COURT SCRUTINY JAPANESE COURT TO RULE ON BABIES THAT DO NOT EXIST IN LAW СУД В ЯПОНИИ ВЫНЕС РЕШЕНИЕ ПО ВОПРОСУ НЕ СУЩЕСТВУЮЩИХ ПО ДОКУМЕНТАМ ДЕТЕЙ b) It can be omitted: UK LAW FIRMS ASKED TO DO MORE WORK FOR FREE ЮРИДИЧЕСКИЕ ФИРМЫ В ВЕЛИКОБРИТАНИИ ПРОСЯТ ВЫПОЛНЯТЬ БОЛЬШЕ РАБОТЫ НА БЕЗВОЗДМЕЗДНОЙ ОСНОВЕ AGREEMENT SIGNED СОГЛАШЕНИЕ ПОДПИСАНО 3. Headlines often contain the reduction, for example: BRITISH MPs IN MOSCOW ПРИЕЗД В МОСКВУ ЧЛЕНОВ АНГЛИЙСКОГО ПАРЛАМЕНТА FOI APPEALS TAKING YEARS TO PROCESS АППЕЛЯЦИИ ПО ЗАКОНУ О СВОБОДЕ СЛОВА РАССМАТРИВАЮТСЯ ГОДАМИ (FOI – Freedom of Information, маркировка документов, публикуемых во исполнение закона о свободе информации)
Special paper vocabulary is full of clichés, set collocations and idioms. Translation of these lexical units is a very difficult task. By virtue of its semantic wealth and phraseological brightness they play a very important role. It gives expressiveness and originality to the speech or to the newspaper language, e.g.:
to cover up one’s traces – замести следы
to do time – сидеть в тюрьме
to go straight – действовать законным путем
spirit of the law – дух закона
When translating phraseology, use all your imagery to find the correct meaning.
And since the literal translation is impossible, it is necessary to pick up appropriate
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expression in the Russian language. In the absence of an identical image, you must
search for an approximate match.
Please remember the term “news”- новость, новости is always singular:
What IS the news?
The same refers to the terms “information”- информация, сообщение, cведения
and evidence – доказательства, улика:
"Can you give me some information?"
"Where did you get that evidence?"
And the terms “police” – полиция, “media” – масс-медиа, СМИ (pl of the noun
“medium”), “wages” – заработная плата are always plural:
“The British media stress_ ...”
“Police are supposed to enforce laws.”
“Many teenagers dream of the legal profession because a lawyer’s wages are
rather high.” Perhaps, in the practice of translation there is no such a "deceptive" kind of
vocabulary as pseudo-international terms. Theorists of translation named them “false interpreters’ friends” – ложные друзья переводчика. They include words that match the form in Russian and English, but are not identical in their meanings, e.g.:
1. Prospect вид, панорама, перспектива виды, планы на будущее
предполагаемый покупатель, клиент, подписчик проспект (улица) avenue проспект (книги, издания) prospectus 2. list список, перечень, реестр duty list – расписание дежурств list price – цена по прейскуранту лист (дерева) leaf лист (материал) sheet, plate 3. contribution пожертвование, взнос вклад сотрудничество (в журнале, газете) статья для газеты, журнала содействие налог контрибуция indemnity 4. data (datum) данные сведения, факты
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дата date 5. manufacture производство, изготовление обработка процесс изготовления изделия, продукт мануфактура textiles 6. intelligence ум, рассудок, интеллект сведения, информация разведка интеллигенция intellectuals 7. family семья, род содружество фамилия surname, last name 8. nature природа, мир, вселенная сущность, основное свойство, характер род, сорт, класс натура (характер человека) human nature
In general, reading an English-language paper will help you to practice more, to
learn about the issues that are important to speakers of this language, to learn new
legal and political vocabulary as well as engage deeper in the foreign culture.
EXERCISES
Exercise 1.
Translate the following newspaper headlines from English into Russian:
MAJOR FLOODING HITS THE ATLANTIC COAST
US HITS EC WITH TRADE SANCTIONS
CONGRESS BANS NEW CHEMICAL
POWER CRISIS: GOVERNMENT TO ACT
AFRICAN PRESIDENT ACTS TO GAG PRESS
POLICE GUN DOWN TERRORISTS
PM HAILS PEACE PLAN
LEAD IN RESORT MURDER CASE
PM FURIOUS OVER TAX PLAN LEAKS
LIFE FOR SERIAL MURDERER
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INFANT DIES: MOBS ATTACK HOSPITAL
MOB LEADERS HELD
MISSING TEENAGER RIDDLE: TWO MEN HELD
REFEREE’S DECISION SPARKS RIOT
EXILED PRESIDENT VOWS TO RETURN
Exercise 2. Translate the following sentences taken from the newspapers: 1. With the Government doing its utmost to keep wages down, and with price
increases due to Market membership coming on top of price increases arising from Government policy, the standard of living in this country would be given an extremely serious setback.
2. With unemployment being now a crisis issue in many areas, the Labour movement is stepping up “right to work” campaign.
3. Tory policy was also resulting in continuously rising prices, the reduction in the food subsidies in particular having caused a sharp rises in the price of food.
4. Almost all councils are putting up their rents, the reason being the heavy burden of interests for housing.
5. Estimated unemployment figures at the end of January were 416,000, some 66,000 more than at the same date last year, according to Ministry of Labour figures issued yesterday.
6. Korea with a new law intended to choke off Kim Jong Un’s nuclear and missile programmes, and to punish those who assist them.
7. A man convicted of murder after egging on a friend to stab a former policeman this week launched a Supreme Court challenge to the controversial law of “joint enterprise”.
Exercise 3. Study the idioms in bold and translate the following sentences:
1. Every country must know as a rule of thumb that negotiations is a beeline to peace.
2. The President’s statement was an eye opener for everyone. 3. Whenever he delivers a speech everybody thinks that he has a foot in his mouth. 4. If the politicians consider this problem a piece of cake they will soon have to
face the music. 5. The problem was discussed many times and in the long run the agreement was
signed. 6. This candidate is evidently on a roll, but let’s wait a bit. 7. It is not wise to use a hit-or-miss approach to this problem as it’s about the
victim’s life.
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8. The government is ready to spend its bottom dollar for military needs. 9. No one can go to pieces during talks, no matter how difficult it is. 10. The gang fled from the scene of the crime with the police in hot pursuit.
Exercise 4.
Translate the following sentences from Russian into English:
1. Российские и международные новости и события в сфере политики,
экономики, науки и техники, культуры и спорта освещаются в каждом
номере газеты «Аргументы и факты».
2. Доказательства – это любые фактические данные по уголовному делу,
на основе которых в определенном законом порядке суд устанавливает
было ли совершено преступление.
3. Возможно ли почерпнуть данную информацию о государственном
устройстве США из источников, указанных в перечне?
4. Масс-медиа часто оказывает давление на подозреваемого еще до того,
как его признают виновным.
5. Моя зарплата достаточно высокая, но, поскольку существует закон о
налогообложении физических лиц, я теряю некоторый процент
прибыли.
6. Полиция прибыла на место преступления достаточно быстро, но
поймать преступника по горячим следам ей не удалось.
Exercise 5. Read the following article and answer the questions:
JOINT RUSSIAN-INDIAN DECLARATION
The Russian Federation and the Republic of India aware of their responsibility for the promotion of international peace and noting with concern the deterioration of the present-day international situation, reiterating their common commitment to the development of cooperation between nations in accordance with the principles of peaceful coexistence, determined to carry on persistent struggle for peace and international security, national independence of peoples, against all manifestations of neo-colonialism and racism, and for lofty ideals of mankind recorded in the Charter of the United Nations, declare their firm intention in accordance with the Treaty of Peace, Friendship and Cooperation between Russia and India, to continue strengthening and deepening Russian-Indian friendly and mutually beneficial cooperation in the interests of the peoples of the two countries and the cause of international peace and security.
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The Russian Federation and India note with profound satisfaction that the relations between them which have been fruitfully developing for decades in the atmosphere of friendship and trust, provide an eloquent example of practical implementation of the principles of peaceful coexistence between states. These relations are developing to the mutual benefit of the peoples of both countries on the basis of equality and mutual respect, strict observance of sovereignty and non-interference in each other’s affairs.
The Russian Federation and India recognize that their relations of mutual understanding, confidence and all-round cooperation are of major significance for peace and stability in Asia and in the world. They reaffirm their determination to continue developing these relations and thus to effectively promote the improvement of the international situation.
Russia and India firmly believe that the most important objective facing mankind is the strengthening of peace and the prevention of a new world war and they will do their utmost in contributing towards the lofty end.
Russia and India reaffirmed their conviction that inter-state relations should develop on the basis of the fundamental and universally recognized principles such as renunciation of the threat or use of force, respect for sovereignty, equality, territorial integrity, inviolability of borders and non-interference in each other’s internal affairs.
1. What’s the main topic of the mentioned declaration? 2. What are the basic terms of the relations between Russia and India according
to the text? 3. What is the most important objective of the designed document? 4. What is the basis for inter-state relations according to the Russian-Indian joint
declaration?
Exercise 6.
Translate the following sentences paying attention to the “false interpreters’ friends”:
1. The draft resolution was sponsored in the General Assembly by the Afro-Asian nations.
2. Russian – Bulgarian commercial relations are promoted through a regular exchange of industrial goods.
3. According to UNESCO data, there are over 800 million people in the world who cannot read or write.
4. The discussion of measures for stopping the spread of nuclear weapons will take place early next week.
5. Scientists can make a valuable contribution to solving the problems of world disarmament.
6. During the first decade of independent development, the Nigerian people concentrated mostly on strengthening political stability in the country.
7. The small nations demanded that the world conference be held next year.
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Exercise 7.
Translate these article abstracts in writing.
1) MI5 officer: I will expose torture secrets
Former spy to give evidence to MPs
Camp X-Ray at Guantanamo Bay: allegations that torture was ‘witnessed’ (Reuters)
A former MI5 intelligence officer is to break ranks with the agency to present
explosive new evidence the security service knew inmates at the Guantanamo Bay
detention centre were being tortured. The former senior officer is seeking to give
evidence to a parliamentary inquiry about how MI5 officials witnessed detainees
being tortured at Camp X-Ray and Camp Delta — two of the Guantanamo prisons
— in December 2002. Even though the former officer is trying to get official
permission to give evidence, it is thought to be unprecedented for a former member
of staff to defy the agency in this way. Senior security sources have told The
Sunday Times that the testimony will prove for the first time that MI5 was fully
aware detainees at Guantanamo were systematically abused and tortured.
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2) New ‘problem-solving’ courts will cut costs
Judge Judy Sheindlin presides over a case as her bailiff Petri Hawkins Byrd
listens on the set of her syndicated American show, Judge Judy. Problem-
solving courts, set up in Miami in 1989, were designed to stop the revolving door between reoffending and prison.
American-style “problem-solving” courts could be extended nationwide after
a study found that they save taxpayers thousands of pounds per case. Research
suggests that each case using the pioneering method — in which judges and
magistrates hold special sessions to advise offenders on how to beat drug or alcohol
addictions — would save £2.30 for every £1 spent. The report by the Centre for
Justice Innovation will be welcomed by ministers who are keen to promote the courts
across the justice system if a financial case can be made to the Treasury.
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UNIT 6
Lead in
Before reading the text please answer the following questions:
1. What is a portfolio?
2. What kinds of portfolio do you know?
3. Have you ever made up your own portfolio?
4. What documents should a young lawyer include in his portfolio when
applying for a job?
Portfolio
Among the modern popular educational methods of the higher education
system, the method of portfolio takes its own respective place.
The portfolio method is a set of techniques and ways of learning, where a
central part is given to the creative work of students.
Longman Dictionary of contemporary English gives several definitions of
portfolio: 1) a large flat case used especially for carrying pictures, documents etc.;
2) a set of pictures or other pieces of work that an artist, photographer etc. has done:
“You'll need to prepare a portfolio of your work.”; 3) a group of stocks owned by a
particular person or company: “an investment portfolio”; 4) BritEng: the work that
a particular government official is responsible for: “the foreign affairs portfolio”.
Today “portfolio” has also come to denote personal achievements filed in a single
document.
The main objective of forming a portfolio is to accumulate and keep
documentary evidence of students’ achievements in their study process. Portfolio is
not only a modern and efficient way of self-evaluation of the student’s study activity.
It also helps to monitor and count his individual achievements, work out skills to
assess objectively the level of his own professional competence and
gain the experience of business competition. The main tasks here are: forming and
training the student's ability to perceive and process information, to set goals, to plan
and organize his own activity.
The portfolio of students’ achievements is a single document which represents
a file folder with pads, consisting of the following sections:
1. The general data of the individual student.
2. Working portfolio.
3. Display portfolio.
The general data of the individual student includes title page, self-
presentation (CV, cover letter, autobiography and an essay upon the student’s
choice), presentation of the graduation University (Kutafin Moscow State Law
University), plan of individual educational and career prospects (summary of the
motives of choice of the legal profession and further career possibilities).
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CV is a summary document containing information on the professional merits,
qualifications, work experience and personal qualities of the applicant.
Essays about individual prospects for education and careers motivate students
to a brief exposition of the aspects of the future profession, personal assessment of
all its positive and negative sides.
Working portfolio (portfolio of process and development) includes student’s
work and projects that demonstrate his progress in the formation of his legal
competence through the study of the English language: reports, essays, articles with
abstracts, legal research projects (conventions, laws, codes), etc. set out in English
and also reports on his clinical training written in English.
Working portfolio may also contain materials in the form of timesheets, tables
and profiles:
-timesheets of the elective courses passed, with the name of the course, its
term, form of study, study area (a branch of law), recommendations and reviews of
the teacher;
-table of attended sections, studios, elective governmental activities,
supplementary education system with the name of the institution of supplementary
education, term of study or employment and the results with the documentary
confirmation.
In a display portfolio (portfolio of achievements) student demonstrates
different forms of creative activity:
-membership in the Student Council;
-work in the legal clinic;
-membership in the editorial board of the student newspaper;
-participation in holiday student events;
-demonstration of Sports achievements;
-participation in scientific student conferences, competitions, etc.
Such tables reflect the student’s creative activity, indicating the name of the
educational field, the name of the document, the level of participation, result scores.
Certificates and diplomas can become a demonstration of the results of high-
efficiency in a particular area of student’s activity. Some creative achievements and
success not only in the educational but also life activity may be expressed as an
essay.
Curriculum vitae vs resume
Please be aware that the name “CV” is common for the UK whereas in the
USA the summary of your achievements is called Resume or Résumé. So make up
the document depending on the nationality of the target company.
Some other distinctions between British and American resume versions can
be helpful, for example:
1) According to the latest US rules of political correctness the resume is to
contain a minimum of personal data not to tempt a potential employer to
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discriminate against you on some grounds. The less personal details you
indicate in your resume for an American company the better. Do not
mention even the date of birth. The number of children, sisters, brothers,
wives is in any case entirely superfluous. Your postal address, e-mail and
phone number will be sufficient to invite you for an interview.
2) British variant may not include the “Objective” section. It’s typical for the
USA.
3) American resume should fit on one page. Two-page resume is a sort of
ignorance risk, as American labour market is overloaded by specialists and
the competition is incredibly high. You have to show the wonders of
brevity skills and put all the important information about yourself on a
single page. The margins on the left must be large enough so that the HR
manager could safely file your resume in a lever arch folder and read it
without removing.
4) Besides be aware and do not forget that when you write a resume for US
employers the font size shouldn’t be less than 12 points. It’s all very
formal.
5) Some differences in the degree names certainly exist in all countries, but
this does not make the translation impossible. So please note that the
Russian collocation «диплом с отличием» («красный диплом»)
correspond to “Diploma with honors” (AmE) / “Diploma with honours”
(BrE). You can also use the expression “graduated with honors in ...”
(AmE) or “graduated with an honours degree in…” (BrE). Latin
formulation “summa cum laude” is not as common as the previous one.
6) British CV is characterized with indicating a kind of school and sometimes
graduation marks.
EXERCISES
Exercise 1.
Take a look into two CV samples and define the nationality of the target
company. Give your grounds.
RESUME
EVGENIY KLIMKIN email: crown@reinсаrnate.com
304 Park Avenue South, telephone: +7 962 998 1979
11th Floor, New York, NY 10132
Objective: To obtain a position of Senior Advisor on International Humanitarian
Law issues in International Committee of the Red Cross African Department
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Education
2010-2013 Specialist, Institute of Jurisprudence, Private International Law, Kutafin
Moscow State Law University (MSAL)
2007-2010 International Law Faculty, Ural State Law Academy
Work Experience
2014-2018 Legal Advisor, Committee on the Rights of the Child, UN
2013-2014 Lawyer Assistant, Moscow Legal Research Center
Languages
Russian (native), English (fluent), French (intermediate)
Personal Interests include language study, playing the piano, the guitar and the
saxophone, snowboarding
References
Available upon request
CURRICULUM VITAE
Name: Kamenetskaya Yana D.
Date of birth: 30.11.1992
Address: 4, Moskvorechye st., 294, Moscow, Russia
Phone number: 8- 499-725-2640
Mobile number: 8-905-505-5575
E-mail: [email protected]
EDUCATION 2010-2015 Kutafin Moscow State Law University, Moscow, Russia
Graduated with honours, qualified as «Lawyer» (Diploma № ACF
001258965, reg. № 55896, 25.06.2015).
Majors: Civil Law, Criminal Law, Administrative Law, Criminal
and Civil Procedure, Economics, Tax Law, Philosophy,
International Law, Labour Law, Land Law.
Course papers: «Political rights of Russian citizens», «Legal
regulation of natural monopolies».
Graduation paper – «Legal support of small and medium
businesses».
1999-2010
Gymnasium № 1579, Moscow, Russia
History (A), Maths (A), English (A), Biology (A), Chemistry (B),
Literature (A), Geography (A), Business English (A), Physics (A),
Russian (A), Economics (A).
WORK EXPERIENCE
Summer 2015 Training course at Moscow Business Management University.
Drafting legal documents, agreements according to
INCOTERMS.
Summer 2014 Training course at School of Management.
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Drafting contracts and appendixes according to INCOTERMS,
operating “Consultant Plus” and “Garant” search systems.
Summer 2013 Perovskiy district court, Moscow, Russia
Drafting legal documents, assisting with trial preparation.
Summer 2012 Procurator’s Office, Moscow, Russia
Drafting legal documents, liaison with citizens.
SKILLS
Computer
skills
MS Office, Windows XP, Word, Excel, Access, Adobe
Photoshop, Power Point, Internet, Consultant +, Garant.
Languages Native Russian speaker, fluent English, German – Elementary
level.
Achievements Cambridge First Certificate in English
Cambridge Certificate in Advanced Language
Interests Learning foreign languages
Sports (tennis and football)
Travelling
REFERENCES
Available upon request
Exercise 2. Cover letter or Covering letter is an e-mail text you send applying to the HR
manager and making him or her consider your CV. Read this sample and
appreciate the Applicant’s chance to be invited to the interview. Give your
grounds.
COVERING LETTER
Dear Mr. Mosby,
In response to your advertisement that I have just seen in “The Times” I am applying
for the position of a legal counsel. As requested, I am enclosing my CV, job
application form and three references.
I know that Stetson Company is one of Chicago’s premier law firms with nationally
acclaimed expertise in management strategies, corporate and security transactions,
acquisitions of real estate, human resources and employee benefits, marketing and
intellectual property. I am also informed that your company deals with different
types of contracts, transactions, etc. It examines cases in the spheres of civil law,
corporate law, tax law, commercial law, copyright law and patent law.
Being a highly qualified specialist I believe I meet the requirements of your
company. More than that, as you will see from my CV, I have some relevant
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experience because of my work in the district court, Prosecutor’s Office and the
training courses taken. Moreover, I have two Cambridge certificates confirming my
high level of spoken and written English.
If you require any further information, please do not hesitate to contact me. I am
available for interview at any time.
I look forward to hearing from you.
Yours sincerely,
Yana Kamenetskaya
Exercise 3.
This autobiography sample contains 4 errors of different kinds. Find them and
correct the sentences.
Autobiography
I’m Victoria Karelina. I was born on the 29th of July 1991 in Bologoye,
Russia.
When I was 6 years old I engaged in ballroom dancing, later I studied painting
at an art school and sang in the school choir.
From 1998 to 2006 I was studied in school №3 in Smela, Ukrain. I was active
in sports and participated in all school events.
When I was 15 years old, my family moved back to Russia. When at school I
went to a law class, I enjoyed studying law so I had no doubt about the choice of my
future profession.
In 2008 I entered into Kutafin Moscow State Academy of Law.
Last summer my elder sister and I went to England to a school in Oxford to
study English. It was a very interesting and informative holiday. We studied the
English language in groups of 12 persons. All students came from different
countries. Communication with them was very interesting – not only have I learnt
English, but I also learned many interesting things about my classmates, their
countries, traditions and customs.
Now I am working for my Master’s degree. I have chosen employment law as
my major.
Exercise 4.
Consider the following samples and make up your own portfolio.
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About myself
(Sample of an essay)
At first I should say that it is not an easy thing to speak about yourself as it is
hard to have a look at yourself from aside, but at the same time who knows you
better than you do?
First of all, let me introduce myself. My name is Natalie Voronkova. I’m
twenty-two years old.
I am a student of Kutafin Moscow State Law University.
I was born in Moscow where I live with my parents.
I have an elder sister. She has her own little family - a husband and a child.
My nephew's name is Makar, he is two years old. I love him very much. Whenever
I get free time, I visit him in Sokolniki, where he lives with his mom and dad, and
we all go for a walk to the park. My sister is a lawyer, she graduated from MSAL
with honours too.
When I was 2 years old, my parents and I went to Morocco. It was a business
trip for my dad. He worked at the Russian Embassy. We had lived there for three
years and during that period we made several trips to Spain and Portugal. I went to
the kindergarten, where I met many children from different countries. With some of
them we are still in touch. For example, a friend of mine, Artem Konovalov, lives in
Austria now and plays hockey for the national team. We haven't seen each other for
a while, but we often talk on the phone and communicate on the Internet. Morocco
is a beautiful country, but mostly I remember the city where we lived. We lived in
Rabat, the capital of the country. The only event that spoiled our stay was the
terrorist attack by a suicide bomber who penetrated into our embassy and blew up
himself in the Consular department. After that event we were guarded with extra
security and we weren't allowed to drive to the city by ourselves.
When we got back from Morocco the most unusual thing for me was the
weather. I could not get used to the winter frost, because in Morocco it had been
very warm in winter. I went to school in Moscow. At the same time, I went to an art
school and started learning English. I have always been on the top of my class, I
have many diplomas and certificates. Several times I won in competitions among
schools. I finished school with honours. Then I passed the entrance exams and
entered one of the most prestigious universities in Moscow—Kutafin Moscow State
Law University.
After the 2nd course I had a clinical training in court and the Public
Procurator’s Office. It was very interesting to me. Later I started my practice as a
trainee at “PRO BONO” Student Center of Legal Aid. Recently I’ve got my bachelor
degree and now I’m working on my Master’s programme.
I also want to say some words about my interests. As they say ‘‘tastes differ’’.
Different people like different things, so different people have different hobbies. I
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like to play tennis and swim in the warm sea. When I am free I meet with my friends,
we go to the cinema, discuss books and walk around the city.
Kutafin Moscow State Law University
(Sample of an essay)
Kutafin Moscow State Law University (MSAL) is a recognized leader in
qualitative teaching and research in various branches of law in the Russian
Federation.
Today the University is one of the largest law schools in Russia. Since its
foundation the University has awarded degrees to over 170,000 graduates. Its total
enrolment in Moscow and its five branches in other cities is about 17,000 including
over 500 postgraduate students pursuing Candidate and Doctor degrees of Law.
Every year over 3,000 students graduate from the University as lawyers.
The University trains highly qualified lawyers for various spheres of activity:
courts, Procurator’s Offices, law enforcement, state and administrative bodies, bars,
public notary offices as well as legal services.
The University’s profile includes undergraduate and postgraduate full-time
and part-time education as well as extramural (correspondence) courses. The
training period for getting a ‘Specialist’ degree in Jurisprudence varies from 5 (full-
time studies) to 6 years (part-time and extra—mural studies).
Among subjects taught are Civil Law, Constitutional (State) Law, Criminal
Law, Private International Law, Public International Law, Forensic Science etc.
The University has 26 departments with over 400 teachers on staff, including
about 100 professors many of whom are well-known scholars. They deliver lectures
on over a hundred courses covering the whole range of law subjects.
All members of the staff, apart from teaching, are active researchers who
publish dozens of monographs, textbooks, scientific articles, etc. which are widely
used by other law schools both in Russia and abroad. They also participate in
national and international debates in legal and related fields.
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To meet target requirements, the University offers individual and group
internship and academic training for foreign students of law.
At present the University is home to:
Institute of Jurisprudence
International Law Institute
Institute of Advocacy
Institute of Banking and Financial Law
Energy Law Institute
Business Law Institute
Institute of Forensic Science.
Membership: European Law Faculties Association (ELFA), International
Association of Law Libraries (IALL).
My future job
(Sample of an essay)
When I was a child I wanted to be a singer, like Whitney Houston, later-to be
an actress and get an Oscar. Now I want to defend human rights. I want people to
know how they can defend themselves. The legal profession is very difficult,
because there are a lot of rules and laws in different spheres and lawyer should know
what legal rule should be applied. Lawyers do most of their work in businesses, law
firms and courtrooms. Lawyers work to assure the principle of equal justice under
law to the people of the state. They may travel to attend meetings, gather evidence,
and appear before courts, legislative bodies, and other authorities. They also may
work under pressure when a case is being tried. Preparation for court hearing
includes learning the latest laws and judicial decisions.
Lawyers may specialize in a number of areas, such as bankruptcy,
international or environmental law. Lawyers help their clients to prepare and file for
licenses and act for the client in court. Some lawyers specialize in the growing field
of intellectual property, help to protect clients’ claims to copyrights, trademarks,
trade dress, artwork under contracts, product designs, and computer programmes.
Other lawyers advise insurance companies on the legality of insurance transactions,
guiding the company in writing insurance policies to conform to the law and protect
the companies from unwarranted claims.
Most lawyers are in private practice, concentrating on criminal or civil cases.
In criminal proceedings lawyers represent individuals who have been charged with
crimes and argue their cases in courts of law. Attorneys dealing with civil issues
assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases.
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Other lawyers handle only public-interest cases—civil or criminal—concentrating
on particular cases. If the client is a corporation, the lawyer is known as "house
counsel" and usually advises the company concerning legal issues related to its
business activities. These issues might involve patents, government regulations,
contracts with other companies, property interests, or collective—bargaining
agreements with unions.
A significant number of lawyers are employed at the various levels of
government. Some of them work for the state as attorneys general, procurators, and
public attorneys in criminal courts. Government lawyers also help to develop
programmes, draft and interpret laws and legislation, establish enforcement
procedures, and argue civil and criminal cases on behalf of the government.
Some lawyers work for legal aid to public in order to serve disadvantaged
people. These lawyers generally handle civil, rather than criminal, cases.
My ambition is to be an in-house lawyer. I think it's interesting to work as
an in- house counsel because he is a professional whose scope of competence covers
a vast area of business activities.
Target the Career
(Sample of a report)
The legal system affects nearly every aspect of our life, from buying a house
to crossing the street. Lawyers form the backbone of this system, linking it to society
in numerous ways. They hold positions of great responsibility and are obligated to
adhere to a strict code of ethics.
"A lawyer, is a person learned in the law; as an attorney, a counselor, a
solicitor; a person who is practicing law." (Black’s Law Dictionary)
"Lawyer - someone whose profession is to provide people with legal advice"
(Macmillan English dictionary)
The career of a lawyer is very interesting and useful. You can utilize your
knowledge in different spheres: in court, as a prosecutor, an advocate, in counseling
or in law firms. Also this profession can open the door to politics, administrative
offices, journalism and so on. In the US in 2009 lawyers held about 759,200 jobs.
Employment of lawyers is expected to grow by 13 percent during the 2010-18 years,
about as fast as the average for all occupations. Growth in the population and in the
level of business activity is expected to create more legal transactions, civil disputes,
and criminal cases. Approximately 26 percent of lawyers are self-employed,
practicing either as partners in law firms or in solo practices. Most salaried lawyers
hold positions in the government, in law firms or other corporations, or in nonprofit
organizations. Most government-employed lawyers work at the local level. In the
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Federal Government, lawyers work for many different agencies, but are
concentrated in the Departments of Justice, Treasury, and Defense. Many salaried
lawyers working outside of the government are employed as house counsels by
public utilities, banks, insurance companies, real—estate agencies, manufacturing
firms, and other business firms and nonprofit organizations. Some of them also have
part—time independent practices, while others work part—time as lawyers and full
time in another occupation.
The main purpose of a lawyer is to help people, to tell them, what rights they
have and how they can protect them. A good lawyer should have good education
and background. Without practice you'll never become a good specialist. There is
also an ardent competition in this profession, where only a professional wins.
European company law legislation: the limits of European company law
legislation
(Sample of an article)
Until now, the European Union has employed three tools to ensure that the
legal rules in the area of company law are compatible with the goal of a functioning
internal market: first, the harmonization of national company law through directives
adopted under art. 44(2) (g) Treaty Establishing the European Community (EC
Treaty) that national legislatures must implement; second, the creation of new
supranational organizational forms on the basis of art. 308 EU Treaty, forms which
exist alongside their national counterparts as alternative vehicles for companies;
and third, the judicial policing of national company law under the right of free
establishment (arts. 43 and 48 EC Treaty) as performed by the European Court of
Justice (ECJ), which in a series of landmark decisions since 1999—among them the
well-known Centro’s, Overseeing and Inspire Art cases—has rejected a number of
national limitations and thus triggered a "regulatory competition" among national
corporate laws, the results of which are not yet foreseeable.
Harmonization by means of directives is understood as a technique for
achieving less than full unity of law and is subject to the Treaty condition that the
measure be implemented only if and to the extent required for reaching the goal of
a common market (arts. 3(1)(h) and 44(2)(g) EC Treaty). This approximation of
laws presupposes the existence of a variety of individual national legal systems that
will continue to exist, and also of diverse, possible legal solutions. As a form of
"harmonization live," it seeks merely to ensure that each member state enacts
provisions that do not disrupt the internal market. Beyond that floor, each member
state remains free to shape its company law in any way it chooses, provided the
result conforms to the minimum needs of the Union. Although this solution
effectively allows the use of "states as laboratories" to develop competing corporate
models and helps counteract a petrifaction of a status quo reached by centrally
developed norms, beyond the minimally harmonized area a basic tension remains
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with the expectations of corporations operating on a European scale, which rather
ask for standardization of operating rules and seek uniformity in laws on investor
protection and the disclosure of information, so as to reduce their information and
transaction costs.
Supranational organizational forms like the European Company (SE), the
European Co-operative (ECS) or the European Economic Interest Grouping (EEIG)
would only meet these needs if the statutes of the individual member states in which
they are based had substantially similar content. This is a condition that the current
state of affairs does not meet, given that the statutes creating supranational entities
contain numerous references to national laws as gap—fillers. In this way, the
enacted company forms by no means create uniform rules, but rather each member
state presents a different mosaic of supranational and national rules to the market.
In the case of the SE, above all, EU law creates a mere torso of a corporation. There
are undisputable advantages to this type of form (e.g., combining free structuring
with a uniform "European Trademark"). However, the advantages of a truly unified
corporate form remain beyond reach. It remains to be seen whether it will be possible
to develop a genuinely European company in the planned "European Private Limited
Company" (EPC).
Judicial policing of national company law for conformance with the right of
free establishment can in the final determination only clear away barriers on a case-
by—case basis, but cannot serve to positively create workable forms. Although
offending national norms are removed, they are not replaced with provisions serving
the internal market. Rather, ECJ company law decisions have since 1999 launched
a competition for corporate charters in which member states have started to adopt
differing measures within the open area left by the ECJ. In this respect it has been
argued that the establishment of a market for corporate charters does not necessarily
lead to regulatory competition as the supply—side (the member states) lack
sufficient incentives to compete for charters.
Приложение 9. Sample of the annotation to the article “European
company law legislation: the limits of European
company law legislation”
Annotation
Subject heading
(предметная рубрика)
The written article is related to the sphere of company law
in EU.
Theme (тема)
The theme of the announced text is European company law
legislation, the limits of European company law legislation.
Output data
(выходные данные)
Authors: Theodor Baum and Paul Kruger Andersen; The
European Model Company Law Act Project, WORKING
PAPER SERIES NO. 78 02/ 2008.
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Авторы: Теодор Баум и Пол Крюгер Андерсен; Проект
закона о Европейской модели Корпоративного права,
Пакет рабочих документов № 78, 02.2008.
Characteristics
(характеристика)
The European Union has employed three tools to ensure that
the legal rules in the area of company law are compatible
with the goal of a functioning internal market: the first is the
harmonization of national company law. The existence of a
variety of individual national legal systems is presupposed.
The second is the creation of new supranational
organizational forms. Each member state presents a
different mosaic of supranational and national rules to the
market. EU law creates a mere torso of a corporation and
state members adapt it for their countries. The third is the
judicial policing of national company law under the right of
free establishment. It can in the final determination only
clear away barriers on a case-by-case basis, but cannot serve
to positively create workable forms.
Critical part
(критическая часть)
The text is helpful for appreciation of the legal language and
legal problems by the people, interested in the law of EU
and its members, however the meaning of some sentences is
hard to understand.
Labour Law in the Russian Federation
(Sample of a group research project)
1. Labour rights in the Constitution
According to Article 7 of the CRF, the Russian Federation is a social state,
whose policies shall be aimed at creating conditions, which ensure a dignified life
and the free development of man. It shall protect the work and health of its people,
establish a guaranteed minimum wage, provide state support for family,
motherhood, fatherhood and childhood, and also for the disabled and elderly
citizens, develop a system of social services and establish government pensions,
benefits and other social security guarantees.
Article 37 of the CRF enumerates basic labour rights, including free choice of
type of activity and profession, prohibition of forced labour, working conditions
which meet safety and hygiene requirements, remuneration without any
discrimination, minimum wage established by federal law, protection against
unemployment, right to individual and collective labour disputes, right to strike,
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guaranteed statutory duration of work time, days off and holidays, and paid annual
leave.
Article 30 of the CRF envisages that everyone shall have the right to
association, including the right to create trade unions in order to protect one's
interests.
According to Article 55 of the CRF, the listing of the basic rights and liberties
in the CRF shall not be interpreted as the denial or belittlement of the other
commonly recognized human and citizens' rights and liberties. No laws denying or
belittling human and civil rights and liberties may be issued in the Russian
Federation. Human and civil rights and liberties may be restricted by the federal law
only to the extent required for the protection of the fundamentals of the constitutional
system, morality, health, rights and lawful interests of other persons, for ensuring
the defense of the country and the security of the state.
2. Labour Code
The history of Labour Codes in Russia goes back to the Labour Codes of 1918,
1922 and 1971. The latter was introduced on the basis of the USSR Fundamentals
of Labour Legislation dated 15 July 1970, which had been created as a legislative
framework for the entire Soviet Union. The current Labour Code of the Russian
Federation of 30 December 2001 (hereafter "the LC") has been in force since 1
February 2002. It consists of 6 parts, 62 chapters and 422 articles which deal, inter
alia, with the following major labour law issues:
• fundamentals of labour legislation (purposes of labour legislation; basic
principles of regulation; non—discrimination; prohibition of forced labour; the
system of labour legislation);
• the respective competencies in labour law making of the Russian Federation
and its constituents;
• labour relations, their parties and grounds for establishment, including
employee's and employer's basic rights and responsibilities;
• social partnership, including tripartite cooperation, collective bargaining and
workers' participation;
• contract of employment;
• protection of workers' personal data;
• conditions of work, including work time; rest time, including leave;
• remuneration;
• labour discipline;
• health and safety;
• women's labour, including maternity protection;
• youth (under 18 years of age) labour;
• seasonal work, home work, domestic work, etc.;
• work in a number of specific sectors, including education and
transportation;
• protection of workers' rights by the trade unions;
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• labour disputes settlement.
Law and order
(Sample of a presentation)
Good afternoon, ladies and gentlemen!
Let me introduce myself, I'm Victoria Petrova, corporate lawyer of
international law firm "Law and order".
Today I’m going to speak about our law firm. I’m sure that as third-year
students you need to begin planning for life after university no matter how far ahead
this may seem at the moment.
There are 3 points I’d like to cover today. First, I’ll start by giving you a little
information about “Law and order”. I’ll then go on to outline what we have to offer
to our new associates. Finally, I’ll also talk a little about what we expect from our
potential graduate recruits. There will be a few minutes available for questions at the
end of my talk but do feel free to interrupt me at any time.
So, to start with, who are “Law and order”? We are an independent
commercial practice designed to provide the highest-quality legal services to our
clients. To accomplish this goal, we are committed to recruiting and retaining
associates capable of helping us meet that commitment.
This brings me to my next point: what do we have to offer to new associates?
A new associate lawyer is generally assigned to a practice area compatible with his
or her interests while considering the needs of the firm. However, we remain flexible
enough to allow all of our lawyers to explore various areas of practice.
Finally, “Law and order” may be more demanding than an average practice
but the rewards are worth it. Think to yourself – where do I want to be by the age of
30? Some of you will, I hope, be partners with “Law and order”.
OK, that’s everything I wanted to say about our firm. I’d be very happy to
answer any questions you may have.
Franchising
(Sample of text analysis)
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Core Vocabulary:
Franchise—право на производство и продажу продукции другой
компанией; договор франшизы
Franchise agreement—договор франшизы
Franchisor—фирма, предоставляющая привилегию
Franchisee—предприятие, получившее право продажи марочного
товара фирмы
Grant a right—предоставить право
Trademark/service mark—торговая марка/ торговая марка сервисной
фирмы
Fee—плата; денежный сбор
Royalty—гонорар; плата за право пользования (зд. франшизой)
Franchised dealer—дилер, продающий товары или услуги по договору
франшизы
Franchising is the practice of using another firm's successful business model.
The word 'franchise' is of Anglo-French derivation—from franc—meaning “free”,
and is used both as a noun and as a verb. For the franchisor, the franchise is an
alternative to building 'chain stores' to distribute goods and avoid investment and
liability over a chain. The franchisor's success is the success of the franchisees. The
franchisee is said to have a greater incentive than a direct employee because he or
she has a direct stake in the business.
Except in the US, and now in China (2007) where there are explicit Federal
(and in the US, State) laws covering franchise, most of the world recognizes
'franchise' but rarely makes legal provisions for it. Only Australia, various provinces
within Canada, France and Brazil have significant Disclosure laws but Brazil
regulates franchises more closely.
Where there is no specific law, franchise is considered a distribution system,
whose laws apply, with the trademark (of the franchise system) covered by specific
covenants.
Contents:
1. Overview
2. Obligations of the parties
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3. Franchise agreement
1.Overview.
Businesses for which franchising works best have the following
characteristics:
Businesses with a good track record of profitability.
Businesses which are easily duplicated.
As practiced in retailing, franchising offers franchisees the advantage of
starting up quickly based on a proven trademark, and the tooling and infrastructure
as opposed to developing them.
The following US—listing tabulates the early 2010 ranking of major
franchises along with the number of sub-franchisees (or partners) from data available
for 2004. It will also be seen from the names of the franchise that the US is a leader
in franchising innovations, a position it has held since the 1930s when it took the
major form of fast-food restaurants, food inns and, slightly later, the motels during
the first depression. Franchising is a business model used in more than 70 industries
that generates more than $1 trillion in U.S. sales annually (2001 study). Franchised
businesses operated 767,483 establishments in the United States in 2001, counting
both establishments owned by franchisees and those owned by franchisors:
1. Subway (Sandwiches and Salads | Startup costs $84,300 – $258,300
(22,000 partners worldwide in 2004).
2. McDonald's | Startup costs in 2010, $995,900 – $1,842,700 (37,300
partners in 2010)
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3. 7-Eleven Inc. (Convenience Stores) |Startup Costs $40,500- 775,300 in
2010, (28,200 partners in 2004)
4. Hampton Inns & Suites (Midprice Hotels) |Startup costs $3,716,000 –
$15,148,800 in 2010
5. Great Clips (Hair Salons) | Startup Costs $109,000 - $203,000 in 2010
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6. H&R Block (Tax Preparation and e-Filing) | Startup Costs $26,427 -
$84,094 (11,200 partners in 2004)
7. Dunkin Donuts | Startup Costs $537,750 - $1,765,300 in 2010
8. Jani-King (Commercial Cleaning | Startup Costs $11,400 - $35,050,
(11,000 partners worldwide in 2004)
9. Servpro (Insurance and Disaster Restoration and Cleaning) | Startup Costs
$102,250 - $161,150 in 2010
10. MiniMarkets (Convenience Store and Gas Station) | Startup Costs
$1,835,823 - $7,615,065 in 2010
There are midi-franchises like restaurants, gasoline stations, trucking stations
which involve substantial investment and require all the attention of a business.
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There are also large franchises — hotels, spas, hospitals, etc.
Two important payments are made to a franchisor: (a) a royalty for the trade-
mark and (b) reimbursement for the training and advisory services given to the
franchisee. These two fees may be combined in a single “management” fee. A fee
for “disclosure” is separate and is always a “front-end” fee.
A franchise usually lasts for a fixed time period (broken down into shorter
periods, which each require renewal), and serves a specific “territory” or area
surrounding its location. One franchisee may manage several such locations.
Agreements typically last from five to thirty years, with premature cancellations or
terminations of most contracts bearing serious consequences for franchisees. A
franchise is merely a temporary business investment, involving renting or leasing an
opportunity, not buying a business for the purpose of ownership. It is classified as a
wasting asset due to the finite term of the license.
A franchise can be exclusive, non-exclusive or “sole and exclusive”.
Although franchisor revenues and profit may be listed in a franchise
disclosure document (FDD), no laws require the estimate of franchisee profitability,
which depends on how intensively the franchisee “works” the franchise. Therefore,
franchisor fees are always based on 'gross revenue from sales' and not on profits
realized.
According to the International Franchise Association approximately 4% of all
businesses in the United States are franchisee-worked.
Franchisor rules imposed by the franchising authority are usually very strict
and important in the US and most countries need to study them to help the small or
start-up franchisee in their countries to protect them. Besides the trademark, there
are proprietary service marks.
2. Obligations of the parties
Each party to a franchise has several interests to protect. The franchisor is
most involved in securing protection for his trademark, controlling the business
concept and securing his know-how. This requires the franchisee to carry out the
services for which the trademark has been made prominent or famous. There is a
great deal of standardization proposed. The place of service has to carry the
franchisor's signs, logos and trademark in a prominent place. A service can be
successful by buying equipment and supplies from the franchisor or those
recommended by the franchisor if they are not over-priced.
The franchisee must carefully negotiate the license. They, along with the
franchisor must develop a marketing plan or business plan. The fees must be fully
disclosed and there should not be any hidden fees. The start-up, costs, and capital
must be known before taking the license. There must be assurance that additional
licensees do not crowd the "territory" if the franchise is worked to plan. The
franchisee must be seen as an independent merchant. He must be protected by the
franchisor from any trademark infringement by third—parties. A franchise attorney
is required to assist the franchisee during negotiations.
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3. Franchise agreement
Franchise agreements carry no guarantees or warranties and the franchisee has
little or no recourse to legal intervention in the event of a dispute. Franchise contracts
tend to be unilateral contracts in favour of the franchisor. Most franchisors make
franchisees sign agreements waiving their rights under federal and state law, and in
some cases allowing the franchisor to choose where and under what law any dispute
would be litigated.
Work plan
1. Translation. Franchise agreement—a legal agreement that allows one organization with a
product, idea, name or trademark to grant certain rights and information about
operating a business to an independent business owner. In return, the business owner
(franchisee) pays a fee and royalties to the owner.
Договор франшизы—правовой договор, который позволяет одной
организации (фирме, предоставляющей привилегию), имеющей продукцию,
идею, имя или торговую марку предоставлять определенные права и
информацию о ведении бизнеса независимому собственнику бизнеса. В свою
очередь, собственник бизнеса (предприятие, получившее право продажи
марочного товара фирмы) платит денежный сбор и плату за право пользования
собственнику.
2. Questions to the text.
1. What does a franchise agreement mean?
2. Why is an attorney required to sell or purchase the rights to operate a certain
business?
3. Why do some entrepreneurs choose a franchise business?
4. Who grants and who obtains the right to use a trademark, know-how or
technology?
5. What does a franchisee pay for?
3. Grammar in use.
1. The franchisee is said to have a greater incentive than a direct employee because
he or she has a direct stake in the business.
The franchisee is said to have—конструкция сложного подлежащего
2. Franchising is the practice of using another firm's successful business model.
using—неличная форма глагола — герундий
3. These two fees may be combined in a single “management” fee.
may be combined
may—модальный глагол
be combined—инфинитив в страдательном залоге
4. Franchisor rules imposed by the franchising authority are usually very strict.
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Imposed—причастие II (в функции определения)
Clinical training in court.
(Sample of a report on clinic)
The court is an organ of state that administers justice on the basis of the laws
of the state. The basic judicial organ is the district court. It tries both criminal and
civil cases. Cases are tried in public and proceedings are oral. The participants in the
trial / the victim, the accused, the plaintiff, the defendant and others/ speak in open
court. The accused has the right to defence.
Like all students of the legal profession I took a training clinic course in court
for two weeks. I got acquainted with the structure of the court, the rules of civil and
criminal procedure, the work of federal judges and the clerks of the court. I was
taught to work with summons sending them to citizens and organizations and various
court documents, just the way lawyers do. I also got acquainted with the principles
of electronic filing.
I find this experience very useful. It helped me realize what the judge’s job is
like. I consider it a very difficult and responsible job – you deal with people, protect
their rights, impose punishment. So, it’s very nervous but it’s very important too.
Clinical training at the Public Procurator’s Office
(Sample of a report)
The Office of the Public Procurator in the Russian Federation is entrusted
with:
1. Prosecution in courts on behalf of the state including public prosecution in
criminal cases and public control in some civil cases.
2. Supervision of the observance of the law by the state and municipal organs,
officers, organizations and citizens.
3. Protection of human rights.
A clinic course in the Office of the Public Procurator is an obligatory part of
the curriculum at Russian law universities. Usually a clinic course takes one or two
weeks in a District Office of the Public Procurator. The main aim for students is to
get some practical skills of lawyer’s work. Also they must be acquainted with the
procurator’s duties and learn clerk’s work. The public procurators in Russia are
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professional lawyers, so they can teach students to understand laws and apply
them. That’s why a clinic course in the Office of the Public Procurator is essential
for students.
I had a clinic course in a District Office of the Public Procurator in Moscow
in July, 2012. It was my first experience as a lawyer.
Firstly, I was informed about the public procurator’s duties in civil
proceedings.
Supervision of the observance of law is very important. Any person who
thinks that his or her rights are violated by the state, the municipal organs or some
other organizations, can address to the procurator. The procurator has the right to
appeal against any unlawful decisions and actions of state organs and persons in
office. The procurator maintains prosecution before the court in the name of the
state.
I think that the clinic course in the Office of the Public Procurator was very
useful for me as a future lawyer.
Sample of an elective course test list
Elective course test list
№ Study year Course,
group
Name
Hours Branch
of law
Teacher’s
recommendations
Teacher’s
signature scheduled attended
Sample of an attendance form of sections, studios and optional courses
The attendance form of sections, studios and optional courses
№ Study
year
Course,
group
Name of the
additional
education system
Confirming
documents
Signature of the Head of
the additional education
system
Points
Teacher’s signature: __________________________________
99
Sample of an academic self-analysis form
The academic self-analysis form
Student______________ _____Group __________Course
Study year: ___________________
Date: _______________
My past year results:
1. From the scheduled I managed to perform:
2. I didn’t manage to perform ______________________, because:
3. In the Legal English course the most important things for me became:
4. During this study year the most significant for me was:
5. During this study year my self-evaluation has changed:
6. Nowadays the most significant branch of law for me is
________________________, as:
Signature: _______________
Sample of the student’s achievements list
Personal achievements list
№ Education
sphere
Name of the
document Level Place Points
Olympiads
Conferences
Competitions
Contests
Festivals
Other activities
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Sample of the certification list
Certification list
№ Name of the document Points
Signature:
Awards list
(Sample of an award form)
№ Level Name of the document Place Points
My achievements
(Sample of an essay on personal achievements)
I don’t like to speak about my achievements but there’s something I’m really
proud of – I passed all the exams with flying colours and from now on I will be
getting my education at the university free of charge. Frankly speaking, I’ve always
been an A-student. I like to study. When at school I often took part in different
contests and conferences. My favourite subjects were history and social science, so,
I had no doubt about choosing the legal profession.
When I was in my first year at the university I joined the students’ drama club.
The two performances I took part in were a great success.
Now I am a trainee at the Law Clinic of the University, I help poor people,
solving their problems. It takes much time, but it's good experience for me as a future
lawyer.
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I'm also proud of being able to play three musical instruments as well as
speaking three languages (Russian, English and French). I used to speak German too
but unfortunately it was long time ago and now I can hardly remember a word...
Music has always been my passion. I guess it's been in my blood from the
very day I was born... It's strange but I’ve never really tried to write a melody or a
song and I don't know why... Perhaps I'll do it one day.
Well, I guess that's it... Maybe I could write a little more about my
achievements but that wouldn't be of great value compared to music and language-
study...
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SUPPLEMENT
Translate the text in writing.
The Future of the Law
Law, like war, appears to be an inescapable fact of the human condition. But
what is its future? The law is, of course, in a constant state of flux.
In a rapidly changing world, growth and adaption are more pressing than ever
if the law is to respond adequately to the new threats as well as novel challenges it
faces. The character of law has unquestionably undergone profound transformations
in the last 50 years, yet its future is contentious. Some argue that the law is in its
death throes, while others postulate a contrary prognosis that discerns numerous
signs of law’s enduring strength.
On the other hand, though reports of the death of law have been exaggerated,
there is ample evidence of the infirmity of many advanced legal systems. Symptoms
include the privatization of law (settlement of cases, plea-bargaining, ADR, the
spectacular rise of regulatory agencies with wide discretionary powers, and the
decline of the rule of law in several countries). On the other hand, there has been a
revolution in the role of law that suggests it is both resilient and robust. This
transformation includes the extension of the law’s tentacles into the private domain
in pursuit of efficiency, social justice, or other political goals; the globalization of
law and its internationalization through United Nations, regional organizations, and
the European Union; and the massive impact of technology on the law.
There are intractable questions that need to be confronted by legal systems
everywhere. Among the most conspicuous is the so-called ‘war on terror’. It requires
little perception to realize that in the space of less than a decade many legal systems
are faced with variety of problems that test the values that lie at their heart. How can
free societies reconcile a commitment to liberty with the necessity to confront threats
to undermine that very foundation? Absolute security is plainly unattainable, but
even moderate protection against terror comes at a price. And no airline passenger
can be unware of the cost in respect of the delays and inconvenience that today’s
security checks inevitably entail. But though crime can never be entirely prevented,
modern technology does offer extraordinarily successful tools to deter and
apprehend offenders. Closed circuit television (CCTV) cameras, for instance, are
able to monitor unlawful activities, such recordings supplying prosecutors with
powerful evidence in court against the filmed villain. To what extent should the law
tolerate this kind of surveillance? Most people would support measures that
might successfully prevent crime and, especially since 11 September 2001, acts of
terrorism. Surely, a terrorist would be thwarted were a CCTV to record his (or, less
likely, her) every move? Law-abiding citizens must feel safer in the knowledge that
this surveillance is taking place. And why not? Polls confirm their wide support.
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Who but robber, abductor, or bomber has anything to fear from the monitoring of
his or her activities in public places? Nor should it stop there. Advances in
technology render the tracking of an individual’s financial transactions and email
communications simple. The introduction of ‘smart’ ID cards, the use of biometrics,
and electronic road pricing represent major developments in methods of
surveillance. Only the malevolent could legitimately object to these effective
methods of crime control.
Sports and Recreation Law
1. Read and translate the text.
Sports law refers to a specialized practice focused on legal issues pertaining
to the sports industry. As with entertainment, arts, or hospitality law, sports law
generally refers more to the target industry rather than a separate body of law, though
there are a few unique legal issues only faced by professional sports leagues.
Common sports law issues include labor law, contract issues, unfair competition and
antitrust law, and torts.
Much of sports law is divided between amateur and professional sports. Amateur
sports are often governed by collegiate athletic associations, like the National
Collegiate Athletic Association (NCAA). The NCAA propagates various rules
governing issues like ethical conduct, amateur eligibility, financial aid, recruiting,
gender equity, championship events, and academic standards. Gender equality is one
area of particular interest in amateur collegiate sports. While membership in the
NCAA is voluntary, the NCAA has enforcement power and can introduce a series
of punishments against both students athletes and member schools. These
punishments even include the so-called “death penalty:” the full shut-down of a
sporting activity at an offending college.
Unlike intercollegiate sports, international amateur sports are run by a variety of
organizations, like the International Olympic Committee (IOC). International
amateur sports can face many of the same legal issues as collegiate sports, and have
had a recent spate of anti-doping issues. Often disputes between national sports
organizations can become both a proxy for political issues and a flash point for
international tensions.
Professional sports leagues, on the other hand, have their own unique set of legal
issues. For example, the National Labor Relations Board (NLRB) acknowledged in
1967 that professional athletes have the right to form unions, or “players
associations.” It is now common for these professional players associations to call
for work strikes in order to apply pressure to owners, usually while negotiating salary
standards for the league.
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Doping has also become an issue for professional sports in recent years. Player drug
violations may lead to suspensions and loss of salary. The issues even became so
pointed in the early part of the 2000's that congressional hearings occurred to
investigate the widespread use of performance enhancing drugs in professional
sports.
Of course, some of the most famous issues related to sports law have to do with
contract negotiations. Players hire agents to represent them in negotiations of
multimillion dollar player contracts, trades, promotional deals, etc. Cities negotiate
for franchise rights to have a resident team. Stadiums have a stream of commercial
contracts with vendors for food and merchandise. Media companies contract for
broadcast rights. Obviously, there are many other types of contracts involved in
sports law, as well.
In fact, there are a variety of legal matters routinely faced by members of the sports
industry. In many ways, it is a general practice with a particular type of clients.
2.Give Russian equivalents to these statements.
1. Sports and Recreation Law
2. To focus on
3. “hospitality law”
4. professional sports leagues
5. amateur and professional sports
6. collegiate athletic associations
7. ethical conduct
8. amateur eligibility
9. recruiting
10. gender equity
11. “death penalty”
12. intercollegiate sports
13. unique set of legal issues
14. Player drug violations
15. Suspensions
16. performance enhancing drugs
17. vendors
3. Insert missing words from the text into the gaps.
1. Common sports law ____________include labor law, contract issues, unfair
competition and _______, and torts.
105
2. Gender equality is one ______of particular interest in ______ collegiate
sports.
3. International amateur sports can ______many of the same legal ______ as
collegiate sports, and have had a recent ______ of anti-doping issues.
4. For example, the National _______ Relations Board (NLRB) acknowledged
in ______ that professional athletes have the right to form _______, or
“players associations.”
5. Doping has also become an issue _____professional sports in _______ years.
6. Of course, some of the most famous issues _______ to sports law have to do
with contract _____________.
7. Cities negotiate for franchise rights to have a __________ team.
8. In many ways, it is a _________ practice with a particular type of _________.
Energy Law
1. Read and translate the text. Pay attention to the expressions in cursive.
Energy Law: An Overview
For most of American history, the federal government did not play an active role in
the energy industries. (This history is often explained by the widespread belief in the
unlimited supply of energy). During the Great Depression and into the years of
WWII, the federal government began to establish a fragmented regulatory
framework, with many agencies participating. Furthermore, the Manhattan Project
to develop nuclear weapons initiated the era of nuclear regulation. However, the
energy crises of the 1970s forced the federal government to consolidate its scattered
regulatory framework that had developed piecemeal in the previous decades. With
the creation of the Department of Energy in 1977, a national energy plan emerged
for the first time. The stated purpose of federal energy laws and regulations is to
provide affordable energy by sustaining competitive markets, while protecting the
economic, environmental, and security interests of the United States.
Early regulation began with the Federal Power Act of 1920, which created the
Federal Power Commission. Amended in 1935, and 1986, the Federal Power Act
allowed a regulatory framework to develop. In 1977, The Federal Energy Regulatory
Commission (FERC) was established within the newly created Department of
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Energy and assumed the functions several agencies, including the Federal Power
Commission. FERC is an independent regulatory agency that oversees the natural
gas, oil, and electricity markets in the U.S. FERC regulates the transmission and sale
of these energies (except the sale of oil), provides licenses for hydroelectric plants,
and reacts to environmental matters that arise. The Commission is headed by five
presidential appointees, only three of which can be from the same political party,
who serve five year terms. FERC utilizes an internal dispute resolution system,
reducing the number of disputes that reach the federal courts. The nuclear power
industry is regulated by the U.S. Nuclear Regulatory Commission (NRC), whose
mission it is to protect the public health and safety from nuclear radiation and waste.
The NRC also promotes the common defense through a regime of rulemaking, inspection, and licensing.
In recent years there has been a shift towards deregulation of various energy
industries. Deregulation aims to increase market competition in order, ultimately, to
serve the goal of cheap, reliable energy. The trend is most progressed in the
electricity market, where in many states consumers can now choose their suppliers.
To label this as 'deregulation' is somewhat of a misnomer, however, since
government oversight still plays a central role. Rather, historically vertically
integrated power companies are breaking apart to create competition at every step
of the chain from production to consumption.
Title 42 of the U.S. Code entitled 'The Public Health and Welfare' has many chapters
devoted to energy issues, as does Title 16, and Title 30 of the U.S. Code. See
also Title 10 of the Code of Federal Regulations, which deals with various energy
matters.
2.Give Russian equivalents to the following expressions:
1. regulatory framework
2. scattered
3. piecemeal
4. affordable
5. regulatory agency
6. environmental matters
7. to utilize
8. an internal dispute resolution system
9. a regime of rulemaking, inspection, and licensing
10. deregulation of various energy industries
11. misnomer
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3. Give the definition to the following word combinations.
Department of Energy
Federal Power Commission
The Federal Energy Regulatory Commission (FERC)
Title
4. Insert the missing words into the gaps.
1. For………….of American history, the federal government did not …………
an active role in the energy ……………..
2. With the creation of the Department of Energy in …………, a national
energy plan ………………. for the first time.
3. Amended in 1935, and 1986, the Federal Power Act ……………… a
regulatory framework ………………….
4. FERC regulates the …………… and sale of these energies (except the sale
of oil), provides licenses for ………………… plants, and reacts to
environmental matters ………….. arise.
5. The Commission is ……………….. five presidential appointees, only three
of which can ……… from the same political party, who serve ……….. year
terms.
6. The nuclear power industry is regulated by the U.S. …………. Regulatory
Commission (NRC), whose ………….. it is to protect the public health and
safety from nuclear …………..and waste.
7. The ………….. is most progressed in the electricity ……………, where in
many states consumers can …………… choose their suppliers.
8. Rather, historically ………………. integrated power companies are breaking
……………….. to create competition at every step of the ……………….
from production to consumption.
Environmental Law
1. Read and translate the text. Pay attention to the expressions in cursive.
Environmental Laws in General Environmental laws are the standards that governments establish to manage natural
resources and environmental quality. The broad categories of “natural resources”
and “environmental quality” include such areas as air and water pollution, forests
and wildlife, hazardous waste, agricultural practices, wetlands, and landuse
planning. In the United States, some of the more widely known environmental laws
108
are the Clean Air Act, the Clean Water Act, the National Environmental Policy Act,
and the Endangered Species Act.
The body of environmental law includes not only the text of these laws but also the
regulations that implement and the judicial decisions that interpret this legislation.
In general, the standards set forth in environmental laws can apply to either private
parties or the government. The Clean Air and Clean Water Acts, for example, are
frequently used to regulate the polluting activities of private enterprises. These laws
mandate certain pollution-reducing technology or limit the levels of pollution for
power plants and factories. The National Environmental Policy Act (NEPA) applies
only to the actions of the U.S. government. NEPA requires that the federal
government undertake a comprehensive environmental impact assessment before it
can proceed with projects that are likely to harm the environment.
Distinguishing National Law from International Law
To understand the nature of international environmental law, one must first
understand the difference between national and international law. National law is
law that is adopted by the government of an individual country. In the United States,
the most common examples of national law are federal and state legislation and
judicial decisions. Agency regulations and executive orders would also fall within
this category. Although these national laws are adopted by an individual country,
they may have international impacts. A foreign manufacturer whose defective
product injures a person living in the United States may be held liable for resulting
damages under U.S. law. The U.S. Corrupt Practices Act prevents a U.S. corporate
executive from bribing a foreign government official.
While these laws affect international activities and non-national parties, they are
generally not considered international law. Rather, they are considered
extraterritorial applications of national law. International law, on the other hand,
concerns agreements among different nations, or between citizens or corporations of
different nations. Agreements or treaties among different nations are generally
referred to as public international law. Contracts between private parties
(corporations or citizens) residing in different nations are generally referred to as
private international law. Because the field of international environmental law
focuses on the relations and agreements among nations, it is part of public
international law.
Distinguishing between Hard and Soft International Law
A distinction is often made between hard and soft international law. Hard
international law generally refers to agreements or principles that are directly
enforceable by a national or international body. Soft international law refers to
agreements or principles that are meant to influence individual nations to respect
certain norms or incorporate them into national law. Soft international law by itself
is not enforceable. It serves to articulate standards widely shared, or aspired to, by
nations. Similar parallels can be found at the national level. Often an official, a
legislative body, or an agency will announce a new public policy or priority. In this
109
announcement, or proclamation, there are often pledges to incorporate this new
policy or priority into specific legal provisions.
While the announcement itself is not enforceable in court, it nonetheless can have a
powerful influence on the development and implementation of specific legal
provisions. Private international law generally concerns business transactions
between citizens or corporations of different countries. Because most of the rules
governing these private transactions are enforceable in the courts of the concerned
countries, these rules are usually deemed hard international law. Most of
international environmental law, however, concerns general principles agreed upon
among nations. Although these principles sometimes oblige countries to adopt
implementing legislation, they are not usually enforceable on their own in court.
The soft status of international environmental law, and most international law, is a
result of concerns over sovereignty. Nations are generally reluctant to surrender
control over their territory, peoples, and affairs to external international authorities.
Even when nations have joined in international agreements, many of them have
added reservations to preserve their right to decline to be bound by particular parts
of the agreement. The exercise of this power weakens the total effectiveness of many
international agreements.
2. Give Russian equivalents to the following expressions:
1. to manage natural resources
2. environmental quality
3. forests and wildlife
4. hazardous waste
5. agricultural practices
6. wetlands
7. landuse planning
8. set forth
9. the polluting activities of private enterprises
10. mandate certain pollution-reducing technology
11. power plants
12. undertake a comprehensive assessment
13. to harm the environment
14. Agency regulations and executive orders
15. have international impacts
16. corporate executive
17. international activities
18. non-national parties
19. extraterritorial applications of national law
110
20. hard and soft international law
21. to be aspired to
22. pledges
23. the development and implementation of specific legal provisions
24. oblige countries to adopt implementing legislation
25. concerns over sovereignty
26. to be reluctant to surrender control
27. to preserve their right to decline to be bound by particular parts of the
agreement
28. to weaken the total effectiveness of many international agreements
3. Give the definitions to the Acts.
the Clean Air Act
the Clean Water Act
the National Environmental Policy Act
the Endangered Species Act
The U.S. Corrupt Practices Act
4. Insert the missing words from the text into the gaps.
1. The body of environmental law ………… not only the text of these laws but
also the regulations that implement and the………. that interpret this
legislation.
2. In general, the standards set forth in environmental laws can ……….. to either
private parties or the……………..
3. To understand ………….. of international environmental law, one must first
understand …………… between national and international law.
4. Agreements or treaties among different nations are …………… referred to as
public international law.
5. Hard international law generally……………… agreements or principles that
are directly …………….. by a national or international body.
6. Often an official, ……………. , or an agency will ……………. a new public
policy or priority.
7. Because most of the rules ………………….. these private transactions are
enforceable in the …………. of the concerned countries, these ……….. are
usually deemed hard international law.
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8. Even when nations have ………….. in international agreements, many of
them have added ………………..to preserve their right to decline to be bound
by particular parts of the agreement.
ADR methods in the USA
1. Provide a summary of the text
Alternative Dispute Resolution ("ADR") generally refers to any means of
settling a dispute outside of a courtroom. Considerations when selecting an ADR
method include the type of industry, transaction as well as the governing law set
forth in the agreement which in turn may have a bearing preferred set of ADR rules
and the enforceability of any settlement as the result of the ADR method utilized.
Generally, litigation is the least desirable method for settling a dispute since
the process is adversarial and the outcome is perceived as "winner v. loser." Further,
litigation does not support an efficient use of resources philosophy, since even suits
considered minor in nature can tie up company resources in the production of
documents, depositions of executives and senior management, in court testimony,
etc., with the suit being unresolved for several months, if not years. Even when
lawsuits are settled, settlement usually occurs only as the trial date approaches and
after most of the costs have been incurred. Depending on the jurisdiction, rules of
evidence and procedure, litigation can be a costly and complex process. Litigation
between international trading partners can be even more complex as the parties argue
over jurisdiction and venue issues.
According to a United States Justice Department study, approximately ninety-
seven percent of all civil cases filed in state courts are settled or dismissed without
a trial. (See http://bjs. ojp.usdoj.gov/ content/pub/pdf/cbjtsc05.pdf.) The foregoing
figure indicates that the vast majority of civil disputes are settled via methods other
than litigation. Further, the trend toward "non-litigation" dispute resolution reflects
the need for companies to familiarize themselves with the ADR forums available
and select the appropriate forum language in their business agreements which offer
the greatest advantage to the company in the event the "disputes" clause is invoked.
At an early stage in the business relationship, the parties are in the best
position to consider the types of disputes that may arise, and how and where those
disputes should be resolved. Inclusion of a disputes clause with a mutually agreed to
ADR provision in a contract greatly enhances the likelihood that the parties will be
able to resolve the dispute through means other than litigation.
ADR methods and the corresponding disputes contract clauses typically
include negotiation, mediation, arbitration, and conciliation. To alleviate the backlog
112
of court cases, many states have initiated ADR programs requiring "settlement
conferences." Some of these programs are voluntary, while others are mandatory via
state law. The most common forms of ADR methods are negotiation and/or
mediation and/or arbitration.
Negotiation
Negotiation alone is the preferred method of settling a business dispute. Since
the negotiation process is managed by the parties, the process is usually conducted
in a manner that is both expeditious and cost effective. Further, since a settlement of
the dispute is predicated upon the parties ' reaching a mutual understanding, much
of the goodwill that has been developed during the course of the business
relationship can be retained. Under a "multi-step" method of dispute resolution,
negotiation is usually required as a precursor to either mediation/ arbitration or
litigation. A summary of the advantages/disadvantages follows:
1. Advantages
a. Maintenance of the business relationship
b. Privacy of proceedings (some exceptions)
c. Most cost effective
d. Mutuality of settlement - parties most likely to adhere to negotiated
settlement which reflects their interests.
2. Disadvantages
a. Non-binding prior to executed settlement
b. Requires application to courts to enforce
c. "Biased" interests in negotiation
d. Unequal bargaining strength
Mediation
Though more formal than negotiation, mediation is still an acceptable
alternative to litigation. Mediation involves the interjection of an unbiased,
knowledgeable third party (sometimes called a "neutral"), to assist the parties in
reaching a settlement. Mediators are individuals trained in negotiations who bring
the opposing parties together and attempts to work out a settlement or agreement
that both parties accept or reject. It is important to note that mediation does not
113
prohibit either party from pursuing additional legal recourse if the mediation process
does not result in a settlement. However, statistics support that mediation efforts are
more successful than not. The Los Angeles Superior court system reports that 63%
of cases ordered into mediation are resolved. Nationwide, the mediation success
rate ranges between 60%-90%. (See Final Report of Colorado Governor's Task
Force on Civil Justice Reform, Exhibit 7 at:
http://www.state.co.us/cjrtf/report/report.htm ). The main advantage of mediation is
that it is a private process between the two parties and informal, while litigation is a
formal process conducted in a public courtroom. The primary disadvantage of
mediation is that it is non-binding and either party is free to pursue additional legal
remedy, with the mediation becoming just another step to a lawsuit.
The following contains a brief summary of the advantages and disadvantages of
mediation.
1. Advantages
a. Maintenance of the business relationship
b. Privacy (some exceptions)
c. Cost
d. Use of Specialists/experts in the field as "neutrals"
e. Allows for more "objective" investigation of facts and interests
f. Empathy towards the disputants (recognition)
g. Objective persuasion to obtain concessions
h. Invention of solution only when necessary- let the parties do it
(empowerment)
2. Disadvantages
a. Non-binding decisions
b. Mediation discussions are not admissible to show negligence, but are
admissible for other purposes (control, bias, etc.)
c. Delay to final resolution - may be mere formality prior to initiating
litigation
d. Lack of enforcement of decision
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Arbitration
Arbitration is a simplified version of a trial involving little or no discovery and
simplified rules of evidence. There are two different types of arbitration: binding
and non-binding arbitration. Binding arbitration means that the arbitrator's decision
is final and not subject to judicial review or appeal. An arbitrator, unlike a judge in
a court of law, is not bound by the rules of law when arbitrating a dispute. Even
when the arbitrator agrees to follow applicable state law, an erroneous award, unlike
an award of a court, cannot be corrected by any judicial review. The arbitrator's
award is final and binding on all parties, unless: the parties have agreed the
arbitrator's award is subject to "judicial review;" or the arbitrator applied the wrong
law and in so doing exceeded his powers which had been limited to applicable law
by the arbitration provision. Non-binding arbitration, as the name implies,
means that the parties are not bound to the arbitrator's decision and are free to seek
remedy in court if they so choose. Although court-ordered arbitration is stipulated
in many jurisdictions, including California, agreements to arbitrate are usually made
via private contract (for more information on California court-sponsored ADR
forums go to http:www.lasuperiorcourt .org).
The following contains a brief summary of the advantages and disadvantages of
arbitration.
1. Advantages
a. Privacy (some exceptions)
b. Cost
c. Expertise of the decision-maker (choose an expert)
d. Finality of Decision (generally, court-enforceable upon application)
e. Procedural Informality (usually)
f. Low cost (no discovery or appeal)
g. Speed
h. Ability to limit certain damages by agreement
2. Disadvantages
a. Usually binding, but arbitrators have no enforcement power.
b. May need to apply to courts for enforcement.
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c. More costly than negotiation or mediation.
d. If unhappy with result, no opportunity for appeal.
Conciliation
Conciliation is an ADR process whereby the parties to a dispute use a conciliator,
similar to a neutral, who meets with the parties separately in an attempt to resolve
their differences. They do this by lowering tensions, improving communications,
interpreting issues, providing technical assistance, exploring potential solutions and
bringing about a negotiated settlement.
A conciliator assists each of the parties to independently develop a list of all of their
objectives (the outcomes which they desire to obtain from the conciliation). The
conciliator then has each of the parties separately prioritize their own list from most
to least important. The conciliator then goes back and forth between the parties and
encourages them to "give" on the objectives one at a time, starting with the least
important and working toward the most important for each party in turn. The parties
rarely place the same priorities on all objectives, and usually have some objectives
that are not listed by the other party. Thus the conciliator can quickly build a string
of successes and help the parties create an atmosphere of trust which the conciliator
can continue to develop.
Most successful conciliators are highly skilled negotiators. Some conciliators
operate under the auspices of any one of several non-governmental entities, and for
governmental agencies such as the Federal Mediation and Conciliation Service in
the United States.
Conciliation differs from arbitration in that the conciliation process, in and of itself,
has no legal standing, and the conciliator usually has no authority to seek evidence
or call witnesses, usually writes no decision, and makes no award.
Conciliation differs from mediation in that the main goal is to conciliate, most of the
time by seeking concessions from both sides. In mediation, the mediator tries to
guide the discussion in a way that optimizes parties’ needs, takes feelings into
account and reframes representations.
In conciliation the parties seldom, if ever, actually face each other across the table
in the presence of the conciliator.
1. Advantages
a. Reduced tension by parties meeting separately
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b. Objective-based – isolates the true needs of each party
c. Encourages "give-and-take" by both parties to reach a compromise solution
d. If the parties are not satisfied with process, they are free to pursue other
remedies
2. Disadvantages
a. Lack of legal standing - no discovery, calling of witnesses, or supplying a
law-based decision
b. Requires both parties to make concessions in order to reach a settlement
c. Possibility of litigation occurring if the conciliation fails
d. Time – may be little more than an extra step in the litigation process
2. Complete the sentences according to the text:
1) Alternative Dispute Resolution ("ADR") generally refers to ……..
2) Generally, litigation is the least desirable method for settling a dispute since
….
3) Inclusion of a disputes clause with a mutually agreed to ADR provision in a
contract greatly enhances the likelihood that ……
4) Since the negotiation process is managed by the parties, the process is usually
conducted in a manner that is both expeditious and cost effective…….
5) Mediators are individuals trained in negotiations who….
6) Binding arbitration means that….
7) Non-binding arbitration, as the name implies, means that ….
8) Conciliation differs from mediation in that…..
Class Action
1. Provide a summary of the text.
Class action is a lawsuit that allows a large number of people with a common
interest in a matter to sue or be sued as a group.
The class action suit began in the equity courts of seventeenth-century England as a
bill of peace. English courts would allow a bill of peace to be heard if the number of
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litigants was so large that joining their claims in a lawsuit was not possible or
practical; the members of the group possessed a joint interest in the question to be
adjudicated; and the parties named in the suit could adequately represent the interests
of persons who were absent from the action but whose rights would be affected by
the outcome. If a court allowed a bill of peace to proceed, the judgment that resulted
would bind all members of the group.
The bill of peace, and later the class action, provided a convenient and efficient
vehicle for resolving legal disputes affecting a number of parties with similar claims.
Common issues that could have similar outcomes did not have to be tried piecemeal
in separate actions, thus saving the courts and the litigants time and money.
Initially, a class action could be brought only in equity cases, disputes in which the
parties did not necessarily seek monetary damages but instead might desire some
other type of relief. The adoption of Rule 23 of the Federal Rules of Civil Procedure
in 1938 broadened the scope of the class action suit, providing that cases in law
seeking money damages as well as cases in equity could be brought as class actions.
In 1966, the scope of the class action was again clarified and expanded when Rule
23 was amended to provide that unnamed parties to a class action were bound by the
final judgment in the action so long as their interests were adequately represented.
Rule 23 of the Federal Rules of Civil Procedure defines three kinds of class actions.
The first type may be brought where separate lawsuits might adversely affect other
members of the class or the defendant in either of two ways—if the piecemeal
litigation resulting from separate suits might impose inconsistent standards of
conduct on the defendant, or if multiple suits might "impair or impede" the class
members from protecting their various interests. In the second type of class action,
a class seeks an injunction or some type of relief compelling the defendant either to
cease a certain activity or to perform some other type of action. In the third category
of class action lawsuit, there are questions of law or fact common to the entire class
that predominate over questions peculiar to each individual plaintiff, and a class
action suit is a more efficient means to resolve the controversy. Under the third type
of class action, individual members of the class may "opt out" of the litigation if they
do not want to be bound by the results of the suit. Courts have held that due process
requires that absent class members be given adequate notice, adequate
representation, and adequate opportunity to opt out, before they can be bound by a
final judgment in the suit.
Class action suits have led to social reform in the United States. They have helped
to remedy discrimination based on race and gender; been used to address inequities
in education, housing, and Voting Rights laws; and helped to ensure due process.
For example, brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed.
873 (1954), the Supreme Court decision striking down segregated schools, was
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brought as a class action lawsuit. The landmark decision Goldberg v. Kelly, 397 U.S.
254, 90 S. Ct. 1011, 25 L. Ed. 2d 287 (1970), in which the Supreme court of the
United States held that recipients of public assistance must be given notice and the
opportunity for a hearing prior to termination of benefits, was also litigated as a class
action suit.
In addition, the class action suit has been used in several widely publicized mass tort
cases. In these actions, many plaintiffs, often hundreds or even thousands, have
alleged injuries suffered as the result of the actions of a single defendant, usually the
manufacturer of some product believed to have caused damage. In the mid-1970s,
thousands of women brought suit against the manufacturer of the Dalkon Shield, an
intrauterine contraceptive device linked to numerous health problems, including
sterility. A class action suit was also employed in lawsuits against the manufacturer
of the herbicide Agent Orange, a highly toxic defoliant that was used during the
Vietnam War and has been linked to cancer and birth defects in Vietnam era veterans
and their families. In mid-1995, two major class action suits on behalf of millions of
smokers were instituted against several tobacco companies. The plaintiffs hoped to
prove that they had become addicted to nicotine and suffered illnesses as a result,
and that the defendant tobacco companies concealed their knowledge of the
addictive nature of nicotine and the harmful effects of smoking.
Some large companies, anticipating liability for potentially huge damages as a result
of class action suits, file for bankruptcy in order to protect their assets. The
pharmaceutical company A. H. Robins, the manufacturer of the Dalkon Shield, filed
for bankruptcy in 1985 when it was faced with the prospect of paying millions of
dollars as a result of class action suits filed against it. In 1995, Dow Corning
Corporation, the subject of hundreds of claims resulting from allegedly defective
silicone gel breast implants, filed for Chapter 11 bankruptcy protection. Other
companies, fearing the financial consequences of possible class action suits arising
from certain types of products, have ceased research and development in certain
areas altogether. The Upjohn Company, for instance, ceased contraceptive research
in 1986.
The Supreme Court addressed concerns about the use of Rule 23 in mass tort actions
in Amchem Products, Inc. v. Windsor, 521 U.S. 591, 117 S.Ct. 2231, 138 L.Ed.2d
689 (1997). This case involved persons who had been exposed to asbestos and who
either had diseases attributed to this exposure or who had the potential of developing
these diseases. The federal courts became worried that they would be inundated by
thousands of individual cases. Therefore, in 1991 all asbestos cases that had been
filed but not tried were consolidated and transferred to a single judge in
Pennsylvania.
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During settlement discussions the defendants refused to negotiate unless the final
agreement bound victims who would file claims in the future. The plaintiffs
eventually agreed and the parties came to a settlement. They then went into court
and obtained a certification of class action. However, objections were raised by
many class members and the Supreme Court was required to make a final
determination.
The Supreme Court ruled the class action was improper. The Court was troubled by
attorneys of current victims, who stood to receive payment from the defendants,
binding future victims to a settlement that greatly restricted their ability to receive
compensation. Rule 23 requires class representatives to protect the interests of all
class members, yet it seemed unlikely that future victims were fully protected.
Another concern was that the proposed class did not have sufficient unity so that the
future claimants could "fairly be bound by class representatives' decisions. "The
current plaintiffs, who had asbestos injuries and wanted immediate compensation,
had agreed to terms that future claimants might find unacceptable. These included
the lack of inflation adjustment, the limitation on the number of payable claims each
year, and the prohibitions against asking for damages based on emotional distress
and loss of consortium.
The Court found that the proposed class was not "sufficiently cohesive." Although
all members of the class shared experience of asbestos exposure, this did not meet
the predominance requirement under Rule 23 (b)(3). In fact, there were many
individual issues and many categories of persons who were exposed and injured or
exposed but not yet injured. The supposed class was too "sprawling" to meet the
Rule 23 requirement.
In 2002, the Supreme Court reviewed the rights of persons who seek to intervene in
a class action settlement for the purpose of objecting to the settlement. In Devlin v.
Scardelletti, 536 U.S. 1, 122 S.Ct. 2005, 153 L.Ed.2d 27 (2002), the Court held that
persons affected by a settlement may appeal even if they are not a class
representative or a court-approved intervener. The decision is likely to increase such
appeals.
2. Decide if the statements are true or false:
1) Class action is a lawsuit that allows a large number of people with a
common interest in a matter to sue or be sued as a group.
2) The class action suit began in the equity courts of nineteenth-century
England.
3) The bill of peace, and later the class action, provided a convenient and
efficient vehicle for resolving legal disputes affecting a number of parties
with similar claims.
120
4) Rule 23 of the Federal Rules of Civil Procedure defines three kinds of class
actions.
5) Under the third type of class action, individual members of the class may
"opt out" of the litigation if they do not want to be bound by the results of
the suit.
6) Class action suits haven’t led to social reform in the United States.
7) In 1991 all asbestos cases that had been filed but not tried were referred to
the Supreme Court.
8) Rule 23 requires class representatives to protect the interests of certain
class members.
9) In Devlin v. Scardelletti, 536 U.S. 1, 122 S.Ct. 2005, 153 L.Ed.2d 27
(2002), the Court held that persons affected by a settlement may appeal
even if they are not a class representative or a court-approved intervener.
121
Keys to Supplement exercises:
Sports and Recreation Law
2. Give Russian equivalents to these statements.
1. Sports and Recreation Law - спортивное (и физкультурно-
оздоровительное) право
2. To focus on- фокусироваться, концентрироваться на чем-либо
3. “hospitality law”-закон гостеприимства. Но в данном тексте
термин “hospitality law” рассматривается как «обязанность
принимающей стороны обеспечить все необходимое, в том числе,
и меры безопасности, для стороны прибывающей.
4. professional sports leagues-профессиональные спортивные лиги
5. amateur and professional sports-профессиональный и любительский
спорт
6. collegiate athletic associations-студенческие спортивные
ассоциации
7. ethical conduct-этичное поведение
8. amateur eligibility-профессиональная пригодность спортсменов-
непрофессионалов
9. Recruiting-привлечение, набор,
10. gender equity-равенство полов
11. “death penalty”- дисквалификация, вплоть до запрета принимать
участие в соревнованиях навсегда
12. intercollegiate sports-межуниверситетские спортивные
мероприятия
13. unique set of legal issues-свой собственный свод правил
14. Player drug violations-нарушение антидопингового
законодательства
15. Suspensions-отстранение
16. performance enhancing drugs -стимуляторы
17. vendors-поставщики
3. Insert missing words from the text into the gaps.
1. Common sports law issues include labor law, contract issues, unfair
competition and antitrust law, and torts.
2. Gender equality is one area of particular interest in amateur collegiate sports.
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3. International amateur sports can face many of the same legal issues as
collegiate sports, and have had a recent spate of anti-doping issues.
4. For example, the National Labor Relations Board (NLRB) acknowledged in
1967 that professional athletes have the right to form unions, or “players
associations.”
5. Doping has also become an issue for professional sports in recent years.
6. Of course, some of the most famous issues related to sports law have to do
with contract negotiations.
7. Cities negotiate for franchise rights to have a resident team.
8. In many ways, it is a general practice with a particular type of clients.
Energy law 2.Give Russian equivalents to the following expressions:
1. regulatory framework-нормативно-правовая база
2. nuclear regulation-атомнадзор
3. scattered-разрозненный
4. piecemeal-раздробленный
5. affordable-доступный
6. regulatory agency-надзорный, регулятивный орган
7. environmental matters-экологические вопросы (вопросы, касающиеся
окружающей среды)
8. to utilize an internal dispute resolution system-задействовать систему
внутреннего урегулирования споров
9. a regime of rulemaking, inspection, and licensing-система разработки
правил, инспектирования и лицензирования
10. deregulation of various energy industries-снятие законодательных
ограничений 11.misnomer-неправильно употребляемый термин
3. Give the definition to the following word combinations.
Department of Energy-Министерство энергетики (Департамент
энергетики)
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Federal Power Commission-Федеральная комиссия по энергетике
The Federal Energy Regulatory Commission (FERC)-Федеральная
комиссия по контролю за энергоресурсами
Title-раздел
4. Insert the missing words into the gaps.
1. For most of American history, the federal government did not play an
active role in the energy industries.
2. With the creation of the Department of Energy in 1977, a national energy
plan emerged for the first time.
3. Amended in 1935, and 1986, the Federal Power Act allowed a regulatory
framework to develop.
4. FERC regulates the transmission and sale of these energies (except the
sale of oil), provides licenses for hydroelectric plants, and reacts to
environmental matters that arise.
5. The Commission is headed by five presidential appointees, only three of
which can be from the same political party, who serve five year terms.
6. The nuclear power industry is regulated by the U.S. Nuclear Regulatory
Commission (NRC), whose mission it is to protect the public health and
safety from nuclear radiation and waste.
7. The trend is most progressed in the electricity market, where in many
states consumers can now choose their suppliers.
8. Rather, historically vertically integrated power companies are breaking
apart to create competition at every step of the chain from production to
consumption.
Environmental law
2. Give Russian equivalents to the following expressions:
1. to manage natural resources – управлять природными ресурсами
2. environmental quality – качество (состояние) окружающей среды
3. forests and wildlife – леса и дикая природа
4. hazardous waste-вредные, токсичные, опасные отходы
5. agricultural practices-сельско-хозяйственная практика
6. wetlands –заболоченные участки, влажный район, водно-болотные
угодья
7. land use planning- планирование использования земельных ресурсов
8. set forth – устанавливать (законом), формулировать
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9. the polluting activities of private enterprises – деятельность частных
предприятий, загрязняющих окружающую среду
10. mandate certain pollution-reducing technology-требовать
использования технологий, уменьшающих загрязнение окружающей
среды
11. power plant- электростанция
12. undertake a comprehensive assessment- использовать комплексную
оценку
13. to harm the environment-наносить вред окружающей среде
14. Agency regulations and executive orders - положения о
представительствах и правительственные постановления
15. to have international impacts – оказывать международное
воздействие
16. corporate executive –управляющий, член правления корпорации
17. international activities –международная деятельность
18. non-national parties-вненациональные организации (партии)
19. extraterritorial applications of national law-экстерриториальное
применение национального права
20. hard and soft international law-«жесткое» и «мягкое» право
21. to be aspired to-претендовать на что-либо
22. pledges-обещания, заверения
23. the development and implementation of specific legal provisions-
разработка и применение определенных правовых положений
24. oblige countries to adopt implementing legislation-обязать страны
принять имплементирующее законодательство (нормативный акт
или акты, вводящие в действие какой-либо закон, международный
договор и т.д.)
25. concerns over sovereignty –выражать озабоченность в отношении
суверенитета (независимости)
26. to be reluctant to surrender control-быть вынужденным передать
контроль
27. to preserve their right to decline to be bound by particular parts of the
agreement – сохранить право отказаться от выполнения
определенной части договора
28. to weaken the total effectiveness of many international agreements-
полностью ослабить правомочность многих международных
соглашений
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3. Give the definition to the Acts.
the Clean Air Act – закон о чистом воздухе
the Clean Water Act – закон о чистой воде
the National Environmental Policy Act закон США «О национальной
экологической политике»
the Endangered Species Act- закон об исчезающих видах (животных и
растений, занесенных в Красную книгу); закон о сохранении
исчезающих видов животных и птиц (США)
The U.S. Corrupt Practices Act-закон о коррупционной деятельности
США
4. Insert the missing words into the gaps.
1. The body of environmental law includes not only the text of these laws but
also the regulations that implement and the judicial decisions that interpret
this legislation.
2. In general, the standards set forth in environmental laws can apply to either
private parties or the government.
3. To understand the nature of international environmental law, one must first
understand the difference between national and international law.
4. Agreements or treaties among different nations are generally referred to as
public international law.
5. Hard international law generally refers to agreements or principles that are
directly enforceable by a national or international body.
6. Often an official, a legislative body, or an agency will announce a new public
policy or priority.
7. Because most of the rules governing these private transactions are
enforceable in the courts of the concerned countries, these rules are usually
deemed hard international law.
8. Even when nations have joined in international agreements, many of them
have added reservations to preserve their right to decline to be bound by
particular parts of the agreement.
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ADR methods:
3. Complete the sentences according to the text:
1) Alternative Dispute Resolution ("ADR") generally refers to any means of
settling a dispute outside of a courtroom.
2) Generally, litigation is the least desirable method for settling a dispute since
the process is adversarial and the outcome is perceived as "winner v. loser."
3) Inclusion of a disputes clause with a mutually agreed to ADR provision in a
contract greatly enhances the likelihood that the parties will be able to resolve
the dispute through means other than litigation.
4) Since the negotiation process is managed by the parties, the process is usually
conducted in a manner that is both expeditious and cost effective.
5) Mediators are individuals trained in negotiations who bring the opposing
parties together and attempts to work out a settlement or agreement that both
parties accept or reject. It is important to note that mediation does not
prohibit either party from pursuing additional legal recourse if the mediation
process does not result in a settlement.
6) Binding arbitration means that the arbitrator's decision is final and not subject
to judicial review or appeal.
7) Non-binding arbitration, as the name implies, means that the parties are not
bound to the arbitrator's decision and are free to seek remedy in court if they
so choose.
8) Conciliation differs from mediation in that the main goal is to conciliate, most
of the time by seeking concessions from both sides.
Class action
4. Decide if the statements are true or false:
1) T
2) F
3) F
4) T
5) T
6) F
7) F
8) F
9) T
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