Программа дисциплины Английский язык для направления 40. 03. 01 «Юриспруденция»
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What is an abstract?Why write an abstract?What is Selection?Why is Indexing necessary?When do people write abstracts?Define:Types of abstractsDescriptive abstractsInformative abstractsWhich type should I use?How do I write an abstract?What are Key process elements?Письменные тесты (промежуточный контроль) Grammar TEST (4th year)
1)- I wonder what the computer (to think) at the moment? - Computers can’t think. If they could think like humans, then more people (to lose) their jobs. 2) I (to believe) that she (to take) her finals n June and (to say) that I (to come and stay) with them later in August. 3) When I last (to go) to Moscow, they (to renovate) St Basil’s Cathedral for quite a time already. 4) Although she (to try) to hide her face, I (to see) that Clare (to cry). 5) We (to own) the car for 10 months before we (to discover) it (to be) stolen. 6) – What they (to do) last Saturday afternoon? - They (to repair) their car. In 10 days from now they (to participate) in car races. So they must have it ready. - I see. And how long they (to repair) the car? - They (to do) it since Friday evening. And they still (not to finish). - What you (to do) at the weekend? - Oh, I (to mark) the compositions of my students all day long on Saturday. By 8 p.m. I (to mark) only half of them and (to feel) exhausted. I (to think) of going out when suddenly I (to hear) a strange noise. I (to think) my wife (to try) to park her car in the yard as she (to mean) to return by that time, but it (to appear) to be something far more dangerous. 7) Andrew (to die) last week. He (to suffer) from cancer for some time. 8) My car (to be) once again in the garage for repairs. This (to be) the third time it (to break) down since I (to get) it. 9) I (not to let) you wear this thin jacket until you (to recover) completely. 10) – You (to see) Kate recently? - No, but we probably (to see) her when we (to go) to the country next weekend.
So let’s go to the hospital right now, shall we?
4.Insert Articles where necessary 1) He is … friend of Bill’s. I have known him for … ages. Have… look at him. He is just … person you need, … brave, strong and very resourceful. 2) Bob Collins recently became …minister in … new government, being appointed … Minister for … Industry. M Collins has had … varied career. He was … professional footballer in the 1960s, some people considering him to be … most skilful player of his generation. After ... serious injury, he became … manager of … oldest pub in Edinbourgh. 3) It’s good to live in … country with … varied climate. 4) Every day … school began at 9 a.m. 5) She could hear … wind whiling through … trees outside. 6) There’s … cold wind blowing from … north. 7) He was operated on for … kidney trouble. 8) She dreamed of … future were she could spend more time painting. 9) He was … most peculiar-looking man. 10) This painting is … most unusual in this collection.
Итоговый контроль 4 курс (письменный экзамен) ILEC format. Reading Part 5 Questions 43–48 Read the following extract from a letter of advice from a lawyer to a client. Choose the best sentence from the opposite page to fill each of the gaps. For each question 43–48, mark one letter (A–H) on your answer sheet. Do not use any letter more than once. There is one extra sentence which you do not need to use. There is an example at the beginning (0). You have requested advice regarding your legal position in a suit filed against you by Jermain Equipment Co. (the “Claimant”) related to an equipment rental agreement. You have been sued for damages based on an alleged breach of contract. The statements expressed herein should not be construed in any way as conclusive or indicative of our future opinions and views. (0) ................ A summary of the facts as you have provided them are as follows. You are a shareholder in Richardson (the “Company”). Some time in November, the Company’s managing directorentered into an equipment rental agreement with the Claimant. (43) ................ You have been sued personally based on the allegation that the company was improperly formed. In such situations, the law is not completely clear as to the issues concerning the Company’s legal status and your personal liability. I have reviewed the Articles of Incorporation of the Company and, in my opinion, pursuant to the laws of this jurisdiction, the Company might be considered as no company at all. This is because its purported formation was deficient as the Articles did not comply with the relevant statutes and no certificate of incorporation had been issued at the time of contract. (44) ................ The issue of your personal liability primarily hinges on whether the court accepts this view. In the case that the Company is deemed a company in fact, you will, of course, be insulated from liability. (45) ................ However, it might be efficacious to argue another modern development in the law. The traditional view in this jurisdiction is that all of the “shareholders” in a would-be company may be held personally liable for debts incurred in the name of the company. (46) ................ In this context, the idea is that passive “shareholders” should not incur liability due to the failure of the managing “shareholders” to act competently. On the other hand, the traditional view seems to prevail perhaps due to the ease of its application. (47) ................ Judges tend to support the traditional approach as, in practice, they are likely to spend less time in court. I would therefore anticipate an argument endorsing the modern approach will not be warmly received by the court. There is one final argument you could raise. It is based on the concept that a party cannot argue that a would-be company was improperly formed when at all times it dealt with the undertaking as if it were validly formed. (48) ................ In my opinion this argument represents the best possibility for you to avoid personal liability. However, its success depends on the evidence presented, which means that a more detailed investigation of the facts is required. A Specifically, it obviates the need for an in-depth factual analysis of the shareholder’s participation. B As a result of this action, the interpretation of the clause of the original agreement relating to rental payments became a matter of dispute. C However, there is an argument, increasingly supported by judges and prominent legal scholars, that provided the inadequacy is later cured, as it was in this case, the would-be company should be given the status of a company in fact at the time of contract. D In a case of this nature, it would operate as an injustice to permit such a contention to be advanced. E If not, your chances of avoiding liability are greatly diminished. F The Company has failed to make contractual payments despite receiving and using the equipment. G However, there is a significant development in the law towards allowing claims only against those who actively participated in the management of such a company. H That is to say, facts and circumstances may come to light which would require us to significantly modify our advice. Example: 0 A B C D E F G H Part 6 Questions 49–54 Read the following extract from a reference book on contracts and the questions on the opposite page. For each question 49–54, mark one letter (A, B, C or D) on your answer sheet for the answer you choose. Types of Mistake The word mistake is generally used in the law of contracts to refer to an erroneous belief – ‘a belief that is not in accord with the facts.’ To avoid confusion, it should not be used, as it sometimes is in common speech, to refer to an improvident act, such as the making of a contract, that results from such an erroneous belief. Nor should it be used, as it occasionally is by courts and writers, to refer to a situation in which two parties attach different meanings to their language. An erroneous belief is not a mistake unless it relates to the facts as they exist at the time the contract is made. A poor prediction of events that are expected to occur after the contract is made is not a mistake. The law of mistake deals only with the risk of error relating to the factual basis of agreement – the state of affairs at the time of agreement. It does not deal with the risk of error as to future matters. Cases of poor prediction are dealt with by the doctrines of impracticability and frustration, which are thought to be more suited to adjusting the relationship between the parties under their agreement. In some cases, however, the line between a mistake as to an existing fact and a poor prediction as to a future event is hard to draw, especially when the parties have extrapolated from existing facts to set their expectations as to future use. Leasco v. Taussig is an example. In February 1971, Taussig, who had been an officer at Leasco’s subsidiary MKI, made a contract with Leasco to buy MKI. In May, however, he sought to avoid the contract on the ground that the parties had erred in estimating MKI’s pre-tax earnings for the period ending with September 1971 as $200,000. In fact the company lost $12,000, and Taussig argued the parties had shared a mistake as to the existing fact ‘that they were dealing with a company which would earn $200,000 in the fiscal year ending September 30, 1971.’ The court, however, held that this was merely a poor prediction as to a future event. Therefore, each party bore a risk that the earnings might not be as estimated, and each was bound even though, ‘as it turned out, one party got a better bargain than anticipated.’ A similar issue was presented by Aluminum Co. of America v. Essex Group. Under a 16-year contract made in 1967, ALCOA was to convert alumina supplied by Essex into molten aluminum. The contract price provisions contained an escalation formula, one portion of which was based on the Wholesale Price Index – Industrial Commodities (WPI). By 1979, it had become apparent that the WPI was not keeping pace with the sharp rise in the cost of energy to ALCOA, and the company stood to lose some $60 million over the contract term. ALCOA sought relief for mutual mistake. The trial court found that the parties had chosen the WPI to reflect changes in ALCOA’s nonlabor costs after a careful investigation showed that the WPI had, over a period of years, tracked ALCOA’s non-labor cost fluctuations without marked deviations. In this, the judge concluded, the parties had made an error ‘of fact rather than one of simple prediction of future events.’ He distinguished the Taussig case on the ground that there the ‘parties bottomed their agreement on a naked prediction,’ while in ALCOA the capacity of the WPI ‘to work as the parties expected it to work was a matter of fact, existing at the time they made the contract.’ The judge felt that justice required him to find a mistake of fact. ‘At stake in this suit is the future of a commercially important device – the long-term contract. If the law refused an appropriate remedy when a prudently drafted long-term contract goes badly awry, prudent business people would avoid using this sensible business device.’ 49 What is the writer doing in the first paragraph? A explaining why a word is misused B identifying the appropriate legal usage of a term C giving examples of common legal errors D suggesting a wider interpretation of a particular term 50 In the second paragraph, what does the writer say about cases involving poor prediction? A They occur more often than cases involving a mistake of fact. B They do not normally result from a breakdown in relationships. C They are not dealt with under the law of mistake. D They can be more difficult to resolve than mistakes of fact. 51 Taussig argued that he was not held by his contract with Leasco because A Leasco’s anticipated takeover of MKI had failed. B MKI’s financial record was worse than he thought. C MKI’s projected income had been miscalculated. D Leasco had underestimated the value of MKI’s stock. 52 What does the word ‘bargain’ in line 45 refer to? A the expectation that MKI’s turnover would rise B the terms of the contract working in Leasco’s favour C a high degree of competence on the part of Leasco’s lawyers D an attempt by Taussig to enforce the terms of the contract 53 A factor in ALCOA’s decision to go to court was that A Essex was not keeping to the terms of the contract. B energy was rapidly becoming its biggest single cost. C the wholesale price of alumina was fluctuating considerably. D a contract price was linked to an inappropriate predictor. 54 According to the judge, his decision in ALCOA v Essex Group was influenced by the need to A maintain the viability of an important business tool. B reduce the impact energy costs have on a range of businesses. C safeguard prudent businesses from unforeseen events. D allow financial recompense for an unethical contract. |
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