Task 1
Read and translate the text
Sources of modern law
It is generally true to say that there are two main traditions of law in the world. One is based on English Common Law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman Law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have strongly been influenced by Europe.
Common law, or case law systems, particularly that of England, differ from Continental law in having developed gradually throughout history, not as the result of government attempts to define or codify every legal relation. Customs and court rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make the law, since their interpretations may become precedents for other courts to follow.
Before William of Normandy invaded England in 1066, law was administered by a series of local courts and no law was common to the whole kingdom. The Norman Kings sent travelling judges around the country and gradually a “common law” developed, under the authority of three common law courts in London. Judges dealt with both criminal cases and civil disputes between individuals. Although local and ancient customs played their part, uniform application of the law throughout the country was promoted by the gradual development of the doctrine of precedent.
By this principle, judges attempted to apply existing customs and laws to each new case, rather than looking to the government to write new laws. If the essential elements of a case were the same as those of previous recorded cases, then the judge was bound to reach the same decision regarding guilt or innocence. If no precedent could be found, then the judge made a decision based upon existing legal principles, and his decision would become a precedent for other courts to follow when a similar case arose. In common law systems, the law is, thus, found not only in government statutes, but also in the historical records of cases.
Continental systems are sometimes known as codified legal systems. They have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen’s life. The lawmakers of new nations sometimes wanted to show that the legal rights of their citizens originated in the state, not in local customs, and thus it was the state that was to make law, not the courts. In order to separate the roles of the legislature and judiciary, it was necessary to make laws that were clear and comprehensive. The lawmakers were often influenced by the model of the canon law of the Roman Catholic Church, but the most important models were the codes produced in the 17th century under the direction of the Roman Emperor Justinian.
It is important not to exaggerate the differences between these two traditions of law. For one thing, many case law systems, such as California’s, have areas of law that have been comprehensively codified. For another, many countries can be said to have belonged to the Roman tradition long before codifying their laws, and large unmodified areas of law still remain. French public law has never been codified.
Task 2
Answer the questions
1. What are two main traditions of law?
2. What countries adopted English Common Law?
3. In what counties has Continental (Roman) Law developed?
4. How was Common law developing?
5. Why can we say that “judges in some cases make law”?
6. What has happened after the invasion of William of Normandy?
7. How do you understand the term ”doctrine of precedent”?
8. What is meant by “equity”?
9. How did Continental systems develop?
10. What is the other name of Continental System?
11. What is the text about? Give a short summary.
Task 3
Complete the sentences with the necessary prepositions of time.
1. Children don't go to school ... Sundays.
2. He will come ... 10 a.m.
3. He put the letter ... my hands.
4. We decorate our house ...Christmas.
5. She was waiting for you ... 10 ...11.

gaasvaleria    1   06.05.2020 09:27    48