1、ESAP法律英语教程-电子教案Unit6-Skills focusSkills focusReadingReadinglocating key information in complex sentencesWritingWritingreporting findings from other sources:paraphrasingwriting complex sentencesVocabulary focusVocabulary focussynonyms,replacement subjects,etc.for sentence level paraphrasing6.1 Vocabu
2、lary6.2 Reading6.3 Extending skills6.4 Extending skillsA 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 special meaning of each word in law?4 Group the w
3、ords in the purple box according to theirstress pattern6.1 VocabularyThe answer6.1 VocabularyNounVerbAdjectiveLegal meaningaccusedaccusationaccuseaccusedaggravationaggravateaggravatedattemptattemptattemptedauthorityauthorizeauthorizedclassificationclassifyclassified1-3(adj)and(n)have the same form,e
4、.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(v)give something a particular interpretationThe answer6.1 Vocabularycommitcommitted co
5、nveyanceconveyconveyedconvictionconvictconvictconvicteddecisiondecidedecisive1-3(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 dedication to something,e.g.,She shows great commitment to her mittalcommissi
6、oncommitment(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 dedication to something,e.g.,She shows great commitment to her studies.(v)carry by means of transportThe answer6.1 Vocabulary1-3interpretationint
7、erpretinterpretedoffenceoffendoffensive*permission permitpermittedpermissiblepossessionpossess(n)judicial view of a word or phrase(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 th
8、e law,e.g.,The action was permissible.(n)having something,usually illegal,e.g.He was found in possession of Class A drugs.The answer6.1 Vocabulary4Ooconvict(n)oOaccuse,attempt,commit,convict(v),decide,offence,permitOooclassify oOoconveyance,interpret,possessionoOooauthorityOoooaggravatedB Study the
9、information on the opposite page.Discussthese 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 cons
10、ent of the owner?3 Look at the elements 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 VocabularyThe Theft Act 1968 section 12(1)This section states that a person shall be guilty of an offence if,without ha
11、ving 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 VocabularyElements of the of fence:TakingThe vehicle must be used as
12、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 car without As permission,with the intent
13、ion of driving it away,but A realizes what ishappening and stands in front of the car,B could be charged with attempt.6.1 VocabularyA conveyance This means a conveyance constructed or adapted for the carriage of a person or persons,whether by land,air or water.It does not include a conveyance constr
14、ucted 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 other types of vehicle it can be custodial.Without the consent of the owner or o
15、ther 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 deemed to be the owner.6.1 VocabularyKnowing that such a conveyance has been taken wit
16、hout 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.Section 12(6)of the Act provides that a persondoes not commit an offence under section 12 by anything done in the
17、 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 Vocabulary6.1 VocabularyModel answers:1 Under section 1 of the Theft Act 1968,there must be an intention permanently to deprive(see Unit 5)wherea
18、s under section 12 an offence is committed if a conveyance is taken away without the owners consent.There is no requirement that it should 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 the
19、y know that this is often referred to as joyriding.2 taking:having possession of the conveyance and then moving it or causing it to 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 t
20、he consent of the owner:the owner or a person who has hired the conveyance has not given permission for it to be used6.1 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
21、 citation on the board.Explain that the facts of the case were:thedefendants found horses in a 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 stu
22、dents whether or not it would be different if the horses had been used to pull someone in a carriage.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 321
23、Pearce took an inflatable rubber dinghyand t owed i t away on a trailer.Model 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 a
24、s taking as it involved moving the conveyance6.1 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 Vocabulary6.1 VocabularyThere are two elements ofthe offence which have to two p
25、oints 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.Secondly,the court needs to make a decis
26、ion 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 answers E Study the facts of the cases on the opposite page.1 Choose one of the cases.Write a summary of the elements to
27、 be interpreted,as in Exercise D.Use your own words.2 Rewrite your summary in a different way6.1 VocabularyThe Theft Act 1968 section 12(1)This section states that a person shall be guilty of an offence if,without having the consent of the owner or other lawful authority,he takes any conveyance for
28、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 VocabularyElements of the of fence:TakingThe vehicle must be used as a conveyance.In other words,there must be some element of taking possession or contr
29、ol 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 car without As permission,with the intention of driving it away,but A realizes what ishappening and stands in front of the ca
30、r,B could be charged with attempt.6.1 VocabularyA conveyance This means a conveyance constructed or adapted for the carriage 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
31、 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 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
32、taken subject of a hiring agreement or a hire purchase agreement,a person in possession of the vehicle under such an agreement is deemed to be the owner.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 know
33、ledge that the vehicle has been taken,and the accused has eitherdriven the vehicle 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
34、consent if the owner knew of his doing it and the circumstances of it.6.1 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 VocabularyReporting findingsYou cannot use a
35、nother 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 at t
36、he 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 verdict of no
37、t guilty-the jury can be directed to bring in a not guilty verdictWhen 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 railway stationReportThe defendant borrowed
38、 a car solely in order to take his spouse to catch a train.6.1 Vocabulary bank6.2 ReadingA Look at Figure 1.Find the name for each type of offence in the purple box.6.2 ReadingB What 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
39、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 TWOC(taking without the owners consent)C Look at the illustration,the title,the introduction and the first sentence o
40、f each paragraph on the opposite page.What will the text be about?6.2 ReadingD Using your ideas from Exercises A,B and C above,write some research questions.6.2 ReadingE Read the text.Does it answer your questions?What is burglary?As lawyers,we need to be very precise about the way crimes are define
41、d.According to section 9 of the Theft Act 1968,burglary is entering a building or part 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 intend
42、ing to steal their mobile phone,you are liable to be prosecuted for burglary.However,imagine a person enters a house for a cup of sugar.6.2 ReadingShe 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 co
43、mmitted an offence under section 9 of the 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,
44、the accused could say that he went 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 Reading6.2 ReadingUnder section 10(1)of the Theft Act,a person is guilty of aggravated burglary if he commits any burgl
45、ary 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.6.2
46、 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 the time of the burglary.If he wa
47、s 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 his chest.The Court of Appeal held that
48、under section 10 the screwdriver became a weapon of offence on proof that the accused meant to use it to cause injury.6.2 ReadingUnder section 8,a person is guilty of robbery if he steals and,immediately before or at the time of doing so,and in order to do so,he uses force on any person,or seeks to
49、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 amount to a robbery.Whether force has been used against a person is a matter of f
50、act.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,causing him to lose his balance.This enabled another of the defendants to take the victi
