 |
|
Translate the following text in a written form.
THE LAW OF TORTS
The law of tort is essentially the law of injuries and remedies for those injuries. Torts can thus include assault, battery, false imprisonment, intentional infliction of emotional distress, negligence, invasion of privacy, defamation, fraud or mispresentation, wrongful conversion, trespass, and other wrong, such as product liability. Some of these wrongs can be both civil and criminal in nature. A battery, for example, may be prosecuted by the state as a violation of the criminal statutes. The offender may be sentenced to prison and be ordered to pay a fine to the state. In some cases, he may also be ordered to pay restitution to the victim. However, the battery may also be a civil tort as well. The victim (the plaintiff) may sue in civil court for the tort of battery (and any other torts that may be alleged, such as intentional infliction of emotional distress). If the plaintiff is successful, the defendant will be ordered to pay compensatory damages (to compensate for the injury) and punitive damages (to punish the defendant for having caused the act). In the United States, it is commonly believed that courts will enter punitive damages in an amount that is roughly three times the size of the compensatory damages (which are sometimes called the "special damages" by plaintiff’s lawyers).
In his book "An Introduction to the Legal System of the United States", Professor Allan Famsworth describes the field of torts distinguished from criminal law and contract law. He writes that the field of torts embraces a group of civil wrongs, other than breach of contract, that interfere with person, property, reputation, or commercial or social advantage. While an act, such as an assault, may sometimes be both a crime punishable by the state in a criminal prosecution and also a tort actionable by the victim in a suit for damages, the criminal prosecution and the damage action are quite separate and unrelated proceedings. The essential purpose of the law of torts is compensatory and, though punitive damages may occasionally be awarded, its function is distinct from that of criminal law. Criminal law is essentially punitive and an injured party is not awarded compensation in the criminal proceeding.
There are two chief categories of torts: intentional torts and torts resulting from negligence. The core element in an intentional tort is an intent, or purpose, to cause harm to another. The law provides that a person has intent if he or she desires to cause the consequences of his or her act, or believes that the consequences are substantially certain result from the act. Intentional torts fall into two categories: torts against a person and torts against property.
Negligence refers to the failure of a person to exercise sufficient care in his or her conduct. When a person's conduct falls below the reasonable expectation of society and causes foreseeable harm to another, the person has acted negligently. Society's expectation known in torts based on negligence as the legal duty of care is that an individual reasonably prudent and careful person would act in similar circumstances. A person can act negligently by doing something that a reasonable person would not do or by failing something that a reasonable person would do. The law does not require that the person has intent to cause harm.
2) Define the forms and functions of the Infinitives in the following sentences and translate them.
1. A great improvement in juridical education in recent years in our country is a fact to be mentioned.
2. The suspected man did not intend to tell the interrogator everything about the cime.
3. The detective required to be given details about the results of this interrogation.
4. Such practices are not to be encouraged as they go counter to ideal of human dignity.
5. The results of the negotiations for the sale to be conducted should be published in local newspapers.
6. To be asked questions and not to be able to answer them means a failure.
7. The traditional approach to this problem is to consider each new process as a new one.
8. To perform reverse experiment of this kind is much more difficult.
9. The experienced policeman noticed that the adolescent was too excited to be quiet.
10. To hear him talk once one might think that he has profound knowledge in several branches of science.
3) Define the forms and functions of the Participles in the following sentences and translate them.
1. Good results of the negotiations conducted for some issues of international law started the new stage of our relations.
2. When being discussed in all the aspects, the event becomes understandable.
3. The statement made concerned a new way of investigating similar cases.
4. The given interaction is the result of close communication of city police and people.
5. The public opinion poll conducted on the basis of the latest methods gave positive results.
6. Any problem can be attacked in a scientific way leading either to a right answer or to an explanation of why an answer cannot be found.
7. The barristers could not agree with their point of view expressed so illogically.
8. While critisizing the previous theories, he tried to understand their relationships.
9. Conducting this research my scientific adviser came across some interesting phenomenon.
10. Being thoroughly studied the difficult problem was solved at last.
4) Find the Subjective Infinitive Construction in the following sentences and translate them.
1. The important undeniable evidence was unlikely to have been greatly changed before the speedy trial.
2. The ambassador of this great state happened to have taken part in the intelligence activities in other states.
3. These groups are believed to be divided into primary and secondary ones dependent on the roles they play in the society.
4. The interpretation of these legislative acts is supposed to be published as soon as possible in both all the regional and national newspapers.
5. Although most internal conflicts among the criminals appear to arise spontaneously, there is no doubt that they may be provoked externally.
6. He proves to be one of the highly qualified and experienced specialists in the field of constitutional law in our country.
7. The annual staff university conference is certain to be held at the end of August.
8. These two witnesses seemed to have been present at the crime scene long before that cold-blooded premeditated mass murder.
9. All judges within a jurisdiction are expected to apply a rule of law the same way until that rule is overturned by a higher court.
10. They were reported to conduct the impartial investigation in bribery successfully and rather quickly.
5) Put the verbs in brackets into the correct Infinitive form and translate the sentences.
1. I hate (to bother) you, but the students are still waiting (to give) books for their work.
2. Our neighbours seemed (to quarrel): I could hear loud voices from behind the door.
3. The young woman pretended (to read) the newspaper and (not hear) the bell.
4. The deputies of the City Council are supposed (to work) at the legal problems for last three months.
5. He seems to know this language very well: he is said (to spend) his youth in the capital of France.
6. I considered myself lucky (to be) to that wonderful exhibition and (to see) so many famous paintings.
7. Is there anything else (to tell) her? I believe this girl deserves (to know) the living conditions of her elder brother.
8. The prosecuting attorney seized every opportunity (to appear) in public: he was so anxious (to talk) about.
9. The confidential papers were thought (to lose) until she happened (to find) them during the general cleaning. It turned out (to drop) between the computer and the safe.
6) Put the verbs in brackets into the correct Participle form and translate the sentences.
1. (to phone) the private detective agency, the policeman left (to say) he would be back in half an hour or so.
2. The young policemen unquestioningly performed the tasks (to assign) to them by their chief.
3. (to be) so far away from their homes, most prisoners of war still felt themselves part of the families.
4. It was one of the most important items of the international treaty to settle all border disputes by arbitration (to sign) in 2006.
5. His work was at the same time devoted to methods of criminal investigation (to include) the use of various kinds of precision instruments.
6. (not to wish) to discuss that difficult and painful problem, the accused changed the conversation.
7. (to write) in bad handwriting the last letter of an anonymous slanderer was rather difficult to read.
8. (to spend) several hard years abroad the ambassador was very happy to be coming home at last.
9. (to approve) by the critics the young author’s story was accepted by the magazine.
10. When a principal of law (to establish) by precedent is no longer appropriate, courts should recognize this decay and overrule the precedent to reflect what is best for society.
Укладач:викладач кафедри англійської мови факультету іноземних мов
Авдєєнко Iрина Миколаївна
ФРАНЦУЗСЬКА МОВА