Attorney - адвокат
Divorce – развод (расторжение брака)
Hiring - прием на работу
Prenuptial – добрачный (предсвадебный)
Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.
The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.
With respect to property division at the time of divorce, every state has a comprehensive set of laws in place to determine the rights of the parties. However, couples who do not agree with the default rules in their state can “opt-out” by hiring a lawyer to draft a prenuptial agreement. Absent fraud or duress, courts will enforce these premarital agreements upon divorce, and distribute property and financial support accordingly.
Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.
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In a contested family law case, most people understand that hiring a skilled attorney will provide an advantage. An attorney can find assets or income the other party is trying to hide, present arguments regarding child support and visitation, and even take the case to trial if settlement talks fail. Attorney representation is just as crucial in uncontested cases, however. Without it, a party is vulnerable and can unknowingly waive important legal rights.
Comprehension Questions:
1.What is the family law?
2.What are the causes of litigation in the family law?
3.What is the most common problem that arises between spouses after a divorce?
4.Will hiring a skilled attorney provide any advantages to the contested spouses?
5.What do you understand as the domestic abuse?
Text 6 Family Law
1.married and unmarried couples – замужние и незамужние пары
2.custody – опекунство
3.violence – насилие
4.legal intervention – юридическое вмешательство
5.to promote the rights – поощрять права
6.relations through legislation – регулирует семейные отношения
7.the welfare of children – благосостояние детей
8.the type and amount of work – тип и объем работы
9.age limits – возрастные ограничения
10.on behalf of their children - от имени своих детей
11.marital discord – супружеское разногласие
12.disturbed and delinquent family – разрушенная и криминальная семья
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13.affection – привязанность
14.must be of a consistent and predictable nature - должны носить последовательный и предсказуемый характер
The law sees the family as a special institution. Family Law considers married and unmarried couples, and their children; custody of and responsibility for children; and protection from violence in the home.
Beyond the mere function of providing a new generation of children, the family is often promoted for its moral contribution to society.
In some societies the family is thought to be so important that there is very little legal intervention in family life. In many Islamic countries, for example, fathers, brothers and sons are allowed considerable authority over the females in their family. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. Much of the work of other courts is also directly relevant to family life.
Protection of children
In general, the welfare of children is the biggest concert of family law. Virtually all societies, and certainly all legal systems, treat children differently from adults. There are special courts to deal with young people who commit crimes. In economically developed countries, there are limits on the type and amount of work a child is allowed to do. There are age limits on the rights and duties of citizens; however, these vary from country to country. Parents have a duty to make decisions, for example those concerning education, on behalf of their children.
Delinquency and family failure
Comparison of the children of various diagnostic groups has shown that the behavior problems found in the sociopathic group seem to be familial their parents as well as their children have a high rate of occupational failure, marital discord, arrests and drinking. So the disturbed and delinquent family often produces the disturbed and delinquent children. And this applies to all social classes and to all
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income groups. Children require sound discipline and this kind of discipline has at least two components: one, affection; and two, control. Control needs to be consistent and reliable if it is to contribute to a sound and stable character structure. If punishment is to be resorted to, it must be of a consistent and predictable nature.
Comprehension Questions
1.What is included in family law?
2.What ensures the well-being of children?
3.What are the specific features of the legal responsibility of juvenile offenders in developed countries?
4.What are the causes of delinquent behavior in children?
5.What should be the family control and family punishment?
Text 7 Labour Law
to mediate – выступать посредником to seek (sought) - искать
to arise (arose, arisen) – возникать, появляться labour union - профсоюз
acceptable conditions – приемлемые условия, обстоятельства to avoid - избегать
to enforce law – осуществлять закон predictable - предсказуемый
to struggle - бороться, сражаться
Labour law (also known as employment law) mediates the relationship between workers, employing entities, trade unions and the government. Labour law is divided into collective labour law and individual labour law. Collective labour law relates to the relationship between employee, employer and union.
Individual labour law regulates employees' rights at work and the contract for work. Employment standards are social norms (in some cases also
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technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislative, regulatory, or judicial).
Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer. Workers sought better conditions and the right to join (or avoid joining) a labour union, while employers sought a more predictable, flexible and less costly workforce. The state of labour law is both the product and the component of struggles between various social forces.
Comprehension questions
1.What relationship does the Labour Law regulate?
2.What branches is the Labour Law divided into?
3.What do you understand as the employment standards?
4.What enforces the labour law?
5.How do you understand the statement: “Labour law is both the product and the component of struggles between various social forces”?
Text 8 From the History of Labour Law
appalling consequences - ужасающие последствия framework – структура, рамки
steadily – устойчиво, равномерно
to be slowly laid – медленно происходить obligations - требования
to be mediated - урегулировать
legal provisions – юридические постановления
to dismiss for illegal reasons – уволить по незаконным причинам minimum wage – минимальный размер оплаты труда
comprehensive – исчерпывающий, обширный
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