ESAP法律英語教程-電子教案Unit6-

1、ESAP法律英語教程-電子教案Unit6-ESAP法律英語教程-電子教案Unit6-Skills focusReadinglocating key information in complex sentencesWritingreporting findings from other sources: paraphrasingwriting complex sentencesVocabulary focussynonyms, replacement subjects, etc. for sentence level paraphrasingSkills focusVocabulary focu

2、s6.1 Vocabulary6.2 Reading6.3 Extending skills6.4 Extending skills6.1 Vocabulary6.2 Reading6.3 EA Study the words in the box.A Study the words in the purple box. 1 Copy and complete the table. Put the wordsin one or more boxes, in each case.2 Build more words in the other columns.3 What is the speci

3、al meaning of each word in law? 4 Group the words in the purple box according to theirstress pattern6.1 VocabularyA Study the words in the box.AThe answer6.1 VocabularyNounVerbAdjectiveLegal meaningaccusedaccusationaccuseaccusedaggravationaggravateaggravatedattemptattemptattemptedauthorityauthorizea

4、uthorizedclassificationclassifyclassified1-3(adj) and (n) have the same form, e.g., He was accused of .or The accused was found guilty of .(adj) making worse in law, using a weapon of force to commit a crime(n) permission to do something or (n) person/people/law with the power to do/decide something

5、(v) give something a particular interpretationThe answer6.1 VocabularyNounVeThe answer6.1 Vocabularycommitcommitted conveyanceconveyconveyedconvictionconvictconvictconvicteddecisiondecidedecisive1-3(n) sending for trial (committal)(n) the act of committing a crime (commission)(v) carry out an (illeg

6、al) action * this is from general English, meaning dedication to something, e.g., She shows great commitment to her mittalcommissioncommitment(n) sending for trial (committal)(n) the act of committing a crime (commission)(v) carry out an (illegal) action * this is from general English, meaning dedic

7、ation to something, e.g., She shows great commitment to her studies.(v) carry by means of transportThe answer6.1 VocabularycommitThe answer6.1 Vocabulary1-3interpretationinterpretinterpretedoffenceoffendoffensive*permission permitpermittedpermissiblepossessionpossess(n) judicial view of a word or ph

8、rase(adj) able to do damage, e.g., He was carrying an offensive weapon.* in general English, can also mean unpleasant, e.g., He spoke in anoffensive manner.(adj) can be done under the law, e.g., The action was permissible.(n) having something, usually illegal, e.g. He was found in possession of Clas

9、s A drugs.The answer6.1 Vocabulary1-3intThe answer6.1 Vocabulary4Ooconvict (n)oOaccuse, attempt, commit, convict (v),decide, offence, permitOooclassify oOoconveyance, interpret, possessionoOooauthorityOoooaggravatedThe answer6.1 Vocabulary4OocoB Study the information on the opposite page. Discussthe

10、se questions using words from Exercise A.1 What is the fundamental difference between theftunder section 1 of the Theft Act (Unit 5) and takingwithout the owners consent under section 12?2 Under section 12, what is meant by: taking? a conveyance? without the consent of the owner?3 Look at the elemen

11、ts of the offence on theopposite page. Which of the following is not likelyto be classified as a conveyance? Give reasons. a horse a hovercraft6.1 VocabularyB Study the information on theThe Theft Act 1968 section 12(1) This section states that a person shall be guilty of an offence if, without havi

12、ng the consent of the owner or other lawful authority, he takes any conveyance for his or anothers use or,knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. 6.1 VocabularyThe Theft Act 1968 section 12(Elements of the of fence: Ta

13、kingThe vehicle must be used as a conveyance. In other words, there must be some element of taking possession or control of the vehicle plus movement. If a person sits inside a car but does not actually drive it, this would not be taking. However, it could be seen as an attempt. If B gets into As ca

14、r without As permission, with the intention of driving it away, but A realizes what ishappening and stands in front of the car, B could be charged with attempt. 6.1 VocabularyElements of the of fence: 6.1 A conveyance This means a conveyance constructed or adapted for the carriage of a person or per

15、sons, whether by land, air or water. It does not include a conveyance constructed or adapted for use only under the control of a person but not carried in it or on it. Pedal cycles are not covered under this section but by section 12(5) because the penalty for taking a cycle is a fine whereas for ot

16、her types of vehicle it can be custodial. Without the consent of the owner or other lawful authority Section 12(7) of the Act provides that when a vehicle has been taken subject of a hiring agreement or a hire purchase agreement, a person in possession of the vehicle under such an agreement is deeme

17、d to be the owner. 6.1 VocabularyA conveyance 6.1 VocabularyKnowing that such a conveyance has been taken without consent, drives it orallows himself to be carried in or on it. This requires knowledge that the vehicle has been taken, and the accused has eitherdriven the vehicle or been a passenger.

18、Section 12(6) of the Act provides that a persondoes not commit an offence under section 12 by anything done in the belief that he hasthe lawful authority to do it, or that he would have the owners consent if the owner knewof his doing it and the circumstances of it. 6.1 VocabularyKnowing that such a

19、 conveyance6.1 Vocabulary6.1 VocabularyModel answers: 1 Under section 1 of the Theft Act 1968, there must be an intention permanently to deprive (see Unit 5) whereas under section 12 an offence is committed if a conveyance is taken away without the owners consent. There is no requirement that it sho

20、uld bepermanent. Elicit some examples from real life such as where a person sees a car with the ignition keys inside, drives it away and then abandons it. Make sure they know that this is often referred to as joyriding.2 taking: having possession of the conveyance and then moving it or causing it to

21、 move a conveyance: something that can be used to carry people by land, air or water. It must be something that can be controlled by a person who is carried in it without the consent of the owner: the owner or a person who has hired the conveyance has not given permission for it to be used6.1 Vocabu

22、laryModel answers: 6.1 VocabularyModel answers: 3 a horse (a hovercraft is a conveyance that can be used on both land and water)Refer students to the case of Neal v Gribble 1978 Crim LR 500 by writing the citation on the board.Explain that the facts of the case were: thedefendants found horses in a

23、field, tied ropes to them to use as bridles and then rode them away.They were charged under section 12 but the judge held that the ordinary meaning of conveyance did not include a horse. Discuss with the students whether or not it would be different if the horses had been used to pull someone in a c

24、arriage.6.1 VocabularyModel answers: 6.1 Vocabulary C Study the facts in R v Pearce 1973 Crim LR 321.1 Which elements had to be interpreted in this case?2 What do you think the court decided? Why?6.1 VocabularyR v Pearce 1973 Crim LR 321Pearce took an inflatable rubber dinghyand t owed i t away on a

25、 trailer. C Study the facts in R v PearModel answers:1 Key elements = conveyance and taking2 The accused was found guilty on the grounds that: a) an inflatable rubber dinghy is a conveyance as it is able to carry a person by water section 12(7a)b) towing was interpreted as taking as it involved movi

26、ng the conveyance6.1 VocabularyModel answers:6.1 Vocabulary D Two students have written about R v Pearce. 1 Study As sentences. Write one word in each space.2 Study Bs sentences. Complete each sentence in a logical way.6.1 Vocabulary D Two students have written a6.1 VocabularyThere are two elements

27、ofthe offence which have to two points here.be interpreted in this case.The court has to decide on two points here. Firstly, the court has to decide if an inflatable rubber dinghy is a conveyance. The first question is whether or not an inflatable rubber dinghy can be classified as a conveyance.Seco

28、ndly, the court needs to make a decision as to whether towing on a trailer can be interpretedas taking under the Act. The second question to be answered is whether towingon a trailer can be interpreted as taking.Model answers6.1 VocabularyThere are two el E Study the facts of the cases on the opposi

29、te page.1 Choose one of the cases. Write a summary of the elements to be interpreted, as in Exercise D. Use your own words.2 Rewrite your summary in a different way6.1 Vocabulary E Study the facts of the caseThe Theft Act 1968 section 12(1) This section states that a person shall be guilty of an off

30、ence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his or anothers use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. 6.1 VocabularyThe Theft Act 1968 section 12(Elemen

31、ts of the of fence: TakingThe vehicle must be used as a conveyance. In other words, there must be some element of taking possession or control of the vehicle plus movement. If a person sits inside a car but does not actually drive it, this would not be taking. However, it could be seen as an attempt

32、. If B gets into As car without As permission, with the intention of driving it away, but A realizes what ishappening and stands in front of the car, B could be charged with attempt. 6.1 VocabularyElements of the of fence: 6.1 A conveyance This means a conveyance constructed or adapted for the carri

33、age of a person or persons, whether by land, air or water. It does not include a conveyance constructed or adapted for use only under the control of a person but not carried in it or on it. Pedal cycles are not covered under this section but by section 12(5) because the penalty for taking a cycle is

34、 a fine whereas for other types of vehicle it can be custodial. Without the consent of the owner or other lawful authority Section 12(7) of the Act provides that when a vehicle has been taken subject of a hiring agreement or a hire purchase agreement, a person in possession of the vehicle under such

35、 an agreement is deemed to be the owner. 6.1 VocabularyA conveyance 6.1 VocabularyKnowing that such a conveyance has been taken without consent, drives it orallows himself to be carried in or on it. This requires knowledge that the vehicle has been taken, and the accused has eitherdriven the vehicle

36、 or been a passenger. Section 12(6) of the Act provides that a person does not commit an offence under section 12 by anything done in the belief that he has the lawful authority to do it, or that he would have the owners consent if the owner knew of his doing it and the circumstances of it. 6.1 Voca

37、bularyKnowing that such a conveyance6.1 Vocabulary6.1 Vocabulary F Study all the cases on the opposite page once more. 1 What do you think the court decided in each case?2 Listen to the judgments. Do you agree with them?6.1 Vocabulary F Study all the cases on the Reporting findingsYou cannot use ano

38、ther writers words unless you directly quote. Instead, you must restate or paraphrase. But be very careful with precise legal terminology. For example, burglary is not the same as robbery.There are several useful ways to do this6.1 Vocabulary bankuse a synonym of a word or phrasepermission -consent

39、at the hearing -in courtchange negative to positive and vice versathe appeal failed -the appeal did not succeeduse a replacement subjectthe defendant may appeal -there may be an appeal against the convictionchange from active to passive or vice versathe judge can direct the jury to bring in a verdic

40、t of not guilty-the jury can be directed to bring in a not guilty verdictReporting findings6.1 VocabulaWhen reporting findings from one source, you should use all the methods above.Example:6.1 Vocabulary bankOriginal textMcGill was loaned a car for the express purpose of taking his wife to the railw

41、ay stationReportThe defendant borrowed a car solely in order to take his spouse to catch a train.When reporting findings from o6.1 Vocabulary bank6.1 Vocabulary bank6.2 ReadingA Look at Figure 1. Find the name for each type of offence in the purple box.6.2 ReadingA Look at Figure 1.6.2 ReadingB What

42、 type of offence is committed if a person:1 takes a CD player from an empty car?2 breaks into a house and steals some expensive jewellery?3 steals a womans handbag by pulling it off her shoulder?4 hires a car for two days but brings it back after four daysModel answers:1 theft 2 burglary 3 robbery 4

43、 TWOC (taking without the owners consent)6.2 ReadingB What type of offeC Look at the illustration, the title, the introduction and the first sentence of each paragraph on the opposite page. What will the text be about?6.2 ReadingC Look at the illustration, tD Using your ideas from Exercises A, B and

44、 C above, write some research questions.6.2 ReadingE Read the text. Does it answer your questions?D Using your ideas from ExercWhat is burglary? As lawyers, we need to be very precise about the way crimes are defined. According to section 9 of the Theft Act 1968, burglary is entering a building or p

45、art of a building with the intent to steal. You must trespass. In other words, you must have entered without permission. For example, if your neighbour has gone out and left the door unlocked, and you enter the house intending to steal their mobile phone, you are liable to be prosecuted for burglary

46、. However, imagine a person enters a house for a cup of sugar. 6.2 ReadingWhat is burglary? As lawyers, She finds that no one is there and then takes the item meaning to return it after going to the shops. A person who behaves in this way has probably not committed an offence under section 9 of the

47、Act because there was no intention to steal. In the case of the phone, if there was an intention to dishonestly appropriate it, an offence has been committed. On the other hand, taking the phone to make an emergency call might be a successful defence. For example, the accused could say that he went

48、outside to make the call because there was no reception in the house and then absent-mindedly put the phone in his pocket and forgot about it.6.2 ReadingShe finds that no one is there6.2 ReadingUnder section 10(1) of the Theft Act, a person is guilty of aggravated burglary if he commits any burglary

49、 and at the time has with him any firearm or imitation firearm, any offensive weapon or any explosive. The courts have given a wide interpretation to section 10. In R v Stones 1989 1WLR 156 the defendant was arrested shortly after burgling a house. The police found he was carrying a kitchen knife. 6

50、.2 ReadingUnder section 10(1)6.2 ReadingThe defendant alleged that he only carried the knife to protect himself and claimed that he had not intended to use it in the burglary. The Court of Appeal decided that section 10 focused on the point that a person had a weapon of offence in his possession at

51、the time of the burglary. If he was carrying a weapon, he might be tempted to use it to commit the burglary. In the later case of R v Kelly 1996 1 Cr App R, CA Crim the accused broke into a house using a screwdriver. He told the householder to unplug the video and then pushed the screwdriver into hi

52、s chest. The Court of Appeal held that under section 10 the screwdriver became a weapon of offence on proof that the accused meant to use it to cause injury.6.2 ReadingThe defendant alleg6.2 ReadingUnder section 8, a person is guilty of robbery if he steals and, immediately before or at the time of

53、doing so, and in order to do so, he uses force on any person, or seeks to put any person in fear of being then and there subjected to force. The key word, of course, is force. The force must be used immediately before or at the time of the stealing. Force used after the theft is complete will not am

54、ount to a robbery. Whether force has been used against a person is a matter of fact. In practice, very little force is required in order for the offence to be classified as robbery. In R v Dawson 1976 Crim LR 692; Cr App R 170 the defendants crowded around the victim. One of them then pushed him, ca

55、using him to lose his balance. This enabled another of the defendants to take the victims wallet easily. The Court of Appeal upheld the conviction for robbery.6.2 ReadingUnder section 8, a 6.2 ReadingIn order to differentiate between the crimes of burglary, aggravated burglary and robbery, it is nec

56、essary to identify the key elements in each offence. In burglary, a person must enter a building as a trespasser with intent to steal. In aggravated burglary, a person must be in possession of any weapon of offence at the time he intends to carry out the burglary. A person is guilty of robbery if he

57、 steals and uses force on any person or makes any person afraid of being subjected to force. He can do this at the time of the offence or before it. 6.2 ReadingIn order to differe6.2 ReadingThe word steal is interpreted in the same way as the basic definition of theft. In other words, if you steal s

58、omething, you dishonestly appropriate something belonging to another with the intention of permanently depriving the other of it. Under the terms of the Theft Act, a person convicted of robbery or aggravated burglary is liable to a maximum sentence of life imprisonment. The maximum prison term for b

59、urglary is fourteen years.6.2 ReadingThe word steal is iF Study the highlighted sentences in the text. Find and underline the subject, verb and object or complement in each sentence.6.2 ReadingF Study the highlighted senteD Using your ideas from Exercises A, B and C above, write some research questi

60、ons.6.2 ReadingE Read the text. Does it answer your questions?D Using your ideas from ExercWhat is burglary? As lawyers, we need to be very precise about the way crimes are defined. According to section 9 of the Theft Act 1968, burglary is entering a building or part of a building with the intent to