Common Law and the Jury System

I. PRELISTENING________________________

B. Vocabulary and Key Concepts

1. guilty/unjustly

2. innocent until proven guilty

3. code of laws

4. common law/precedents

5. testimony/verdict

6. private parties

7. compensatory/punitive damages

8. "beyond a reasonable doubt"

9. convicted

10. irrelevant/evidence/admissible

11. hung

12. pleads guilty/lesser crime

D. Notetaking Preparation

1. Prelecture Reading

a. TOC o "1-5" h z no

b. Mary Beth Whitehead-Gould

c. 2

d. no

e. Because of the nature of the law, courts will be obligated to base future decisions on decisions made in this case.

2. Courtroom Language

a. court reporter

b. judge

c. witness

d. jury

e. bailiff

f. defendant

g. plaintiff/prosecutor

h. courtroom clerk

III. POSTUSTENIMG______________________

A. Accuracy Check

1. innocent until proven guilty

2. British common law

3. 6-12

4. a jury

5. civil

6. criminal

7. to see that the trial is conducted according to law

8. to decide whether they believe the testimony they hear and whether the evidence presented to them is valid

9. about 80%

10. because it’s difficult to prove people are guilty and because trials are so expensive to conduct

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A. Discussion

Discuss these questions with your classmates:

• The first illustration on the previous page shows a "sweatshop." Why do you think the word sweat is part of the name? Where do we find sweatshops? How do they come about?

• What are the people in the second photo upset about?

• What are the International Monetary Fund (IMF) and the World Bank? What do they do?

• How is the World Trade Organization (WTO) different from these two banks?

Q B. Vocabulary and Key Concepts

Read through the sentences, trying to imagine which words would fit in the blanks. Then listen to a dictation of the full sentences, and write the missing words in the blanks.

1. The King of Bhutan said that he wasn’t sure his country had one of those but was interested in knowing what a

________________________ was.

2. Globalization is the_________________________ and

________________________ of economic interaction among the

people, companies, and governments of different nations.

3. But it is at the same time a subject that________________________

the anger and mistrust of many people in the world: environ­mentalists, unionists, anarchists, and some governments—

all_________________________ rather than supporters of


4. Some skeptics feel that globalization allows rich countries to take

________________________ of poor countries, which these skep­tics feel are only hurt by trying to be more___

5. And globalization is definitely about capitalism: its goal is to

increase the______________________________________________

________________________ and capital around the world.

6. If globalization is included in a book that focuses on the United States, it is because the world sees the United States (and, to a lesser degree, Western Europe and Japan) as the

_________________________________________________ behind

the process of globalization.

7. Often, poor countries are pressured to follow global trade rules as a condition for a loan or for aid. For example, a poor country

might be advised to adjust the value of its_____________________

or it might be advised to eliminate__________________________ ,

or taxes, on goods imported from other countries.

8. _______________________ on new inventions and copyright

laws most often protect technology from the West—and keep the technology from being used more freely by poor countries. Poorer

countries may also be told to_________________________ their

industries and banks.

9. To get an idea how these rules can in some cases

________________________ development instead of encouraging

it, let’s take a look at some countries that are not big Western

powers but have________________________ into the world

economy—by not following the rules.

10. It is common for critics to claim that globalization has only

________________________ rich Western countries, but this

claim is_________________________

11. Harvard economist Dani Rodrik, in "Trading in Illusions," writes that all four countries have taken advantage of opportunities to

________________________ in world trade, that is, to

________________________ integration in the world economy.

12. India was, and still is, one of the most________________________

economies in the world but has made great progress economically, and South Korea and Taiwan had patent and copyright

________________________ and restrictions on foreign

________________________ but still prospered.

13. The poor countries_________________________

___________________ against agricultural____________________

by rich countries, which make the poor countries7 products less competitive in the world market.

14. The twenty-three countries did not manage to_________________

the subsidies at that meeting because the talks broke down, but they did

for themselves.

C. Predictions

Using the photographs and the vocabulary exercise as a starting point,

write three questions that you think will be answered in the lecture.

Examples: • Do most countries benefit or suffer from globalization?

• Have any poor countries prospered because of globalization?


Follow-up: After you have written your questions, share them with your teacher and your classmates.

Q D. Notetaking Preparation

1. Structuring

In Chapter 8, you worked on structuring your notes to make them eas­ier to read. Practice organizing ideas again on a new topic. While listen­ing, write the main idea on the first line under Notes. You will hear five examples; notice there are five equally indented lines for those, marked with diamonds (♦). The lines that are even further indented to the right are for details of two of the examples. Listen to this passage two times, and take notes using key words.


♦ ♦


2. Rhetorical Cues

Carefully read these sentences, which signal a transition to a new topic. Then decide in which order you will probably hear them in to­day’s lecture. Number them first (1) to fifth (5).

___ a. To get on to my second point today, let’s look more closely

at some non-Western countries that have achieved long­term economic growth in the past decades.

___ b. To finish up by talking about our third point today, we have

to take up two problems that critics of globalization bring up all the time.

___ c. Let me begin this lecture by telling you a story to put things

in perspective.

__ d. To conclude, in my estimation, globalization is probably

going to continue because capitalism has become the domi­nant world economic system.

___ e. We can’t really go into cultural imperialism today, but we

can look at three different aspects of globalization to under­stand this complicated process a little better.

Follow-up: Discuss your answers as a class.

О A.

First Listening

Listen for general ideas. The lecturer has a very long introduction, giv­ing us definitions and background that we’ll need to follow the lecture. Then he explains how he will organize the lecture. The first two subtopics are quite long, whereas the third is relatively short. The con­clusion is rather long because the lecturer attempts to bring all three points together. As you listen, decide what the three main subtopics are, and write them down under ST1, ST2, and ST3. Ideas in the intro­duction and conclusion are also important in this lecture, so try to take down important background information including the definitions.






Follow-up: Now check your major subtopics with your teacher.

Q B. Further Listening

While listening again, write down necessary relevant details below the main subtopic to which they belong. Use key words to save time, and structure the information to organize your notes.

Follow-up: Check your notes. If you missed important information or have doubts about your notes, (1) verify them by asking a classmate questions to fill the gaps in your notes or (2) listen to the lecture a third time. When verifying your notes with a classmate, do not show each other your notes; ask specific questions to get the information you need.

Examples: • Did you get down all five examples under the first


• What did the lecturer say about South Korea and Taiwan?

• Did the lecturer mention any countries in connection to sweatshops?

This is also a good time to check to see if the lecturer answered your Predictions questions about the lecture.

Q A. Accuracy Check

Listen to the following questions, and write short answers where pos­sible. Use your notes. You will hear each question one time only.

1.___________________________________________________ 2.







9. _________________________________________________________

10. _________________________________________________________________

Follow-up: Check your answers with your teacher. If your score is less than 70 percent, you may need to listen to the lecture again or rewrite your notes so that you can understand and retrieve the information in them.

B. Oral Activities

1. Review

In groups of five, use your notes to reproduce sections of the lecture. Student A will present the introduction, Student B, subtopic 1; student C, subtopic 2; student D, subtopic 3; and student E, the conclusion. If you don’t understand or you disagree with what you hear, wait until your classmate finishes. Then bring your notes into agreement by seek­ing clarification, as follows:

• I didn’t understand your definition of globalization. Could you re­peat it?

• Is the lecturer for or against child labor? It’s not clear to me.

2. Transfer

Look into your country’s integration into the world economy by researching one or more of these topics:

• imports and exports, including whether subsidies and tariffs exist

• their country’s economic health today compared to ten or twenty years ago and the reasons for the change if there is one

• recent participation by their country in WTO talks

• a particular World Bank or IMF project: its success and, if possible, the global trade rules imposed to complete the project

Use the library, the Internet, or an interview with an expert for infor­mation to prepare a five-minute talk to present to the class. Put the re­search into your own words and speak from notes (rather than read a text) to be easier to understand.

C. Collaboration: Discussion

Discuss one or two of the following questions with a partner. Then share your views with another pair or the whole class.

1. Do you think the world in general is worse off or better off because of globalization? Explain.

2. Can poorer countries oppose the will of stronger ones when it comes to world trade? If so, how?

3. Do you feel that the only ones benefiting from globalization are transnational corporations (multinationals)? Explain.

D. Pursuing the Topic


www. guardian, со. uk/globalisation/storv

A number of different views on globalization from a British newspaper site (note the British spelling “globalisation ” in the address).

On the Internet, search under "Dani Rodik" for a Harvard professor’s further views on globalization.


Life and Debt, Stephanie Black, director; 86 minutes, not rated.

A documentary which examines how the Jamaican economy has changed under the influence of the IMF, World Bank, and other organizations. Based on the book A Small Place by Jamaica Kincaid.

Now that you have completed the chapters in this unit, your teacher may want you to take a quiz. Your teacher will tell you whether or not you can use your notes to answer the questions on the quiz. If you can use your notes, review them before taking the quiz so that you can anticipate the questions and know where to find the answers. If you cannot use your notes, study them carefully before you take the quiz, concentrating on organizing the information into main ideas and details that support these main ideas.

Work in small groups to help each other anticipate the questions your teacher will ask. Before breaking up into groups, review your notes and highlight important, noteworthy points. After reviewing your notes, break up into groups. Discuss and write specific short – answer questions and more general essay questions. (For guidelines in writing questions, see the Unit Quiz Directions at the end of Unit 1.)

Write your group’s questions on the following pages.



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Chapter 5 Religion


B. Vocabulary and Key Concepts

1. The U. S. government cannot ask for information on religious affil­iation on a mandatory basis.

2. One survey done in 2002 shows that 76 percent of the total popu­lation identified themselves as Christian, with 52 percent identify­ing themselves as Protestant and 24 percent as Catholic.

3. The number of Americans belonging to churches or other religious organizations is surprisingly high compared to other modernized nations.

4. This is not to suggest that religious values are not important in these other nations.

5. Freedom of worship is guaranteed by the First Amendment to the Constitution.

6. The First Amendment also establishes the separation of church and state.

7. The importance of religion in American history should not be underestimated.

8. Fd like to talk about the increasing role religion has plaved in fairly recent history.

9. Religion had seemed to be in decline, but there was a religious revival in the 1970s that surprised many people.

10. The religious revival was conservative in nature and, at first, largely confined to issues in the private sphere of life.

11. These issues, however, were very controversial in nature and became quite politicized in a short time.

12. Perhaps the "rise of the religious right" is a temporary phenome-

non in American life.

13. Some people predict that American society will become increasingly secular and less religious in the future; others predict a more authori­tarian political atmosphere based on conservative religious belief.

D. Notetaking Preparation

1. Commonly Used Symbols and Abbreviations (Narrator: Read twice.)

1. The population of China is greater than the population of India, which in turn is larger than the population in the United States.

2. A decreasing death rate and a rising birth rate cause an increase in the population.

3. The population in the United States is approximately 281,000,000 people.

4. Some people immigrated to the United States because of natural disasters, such as droughts or famines.

5. The situation in the world is different today. Therefore, a greater number of people are immigrating to the United States from Latin America and Asia than Europe.

6. After World War II, most American families were still traditional ones, that is, with a working father, a mother who was a house­wife, and their children.

7. Today many children are raised in homes without a father living with them.


LECTURE: Religion

Religion is a complex phenomenon in the United States and often misunderstood by foreigners. Part of this may be because the media, for example, television and films, are often the only ways that foreign­ers are exposed to American culture. These media, in general, ignore the role and importance of religion in America.

Driving through the countryside and passing through small towns in the United States, foreigners are often surprised by the number of churches in even a small town of two or three thousand people. That there are so many churches doesn’t seem so strange, perhaps, if we look at the history of the United States. Remember when we talked about immigration to the United States? At that time, we pointed out that many people immigrated to escape persecution and to seek free­dom to practice their religion. Considering that people from many

different countries and religious backgrounds immigrated to the United States, it shouldn’t be surprising to find a great number of different religious denominations. Even in a small town, there will usually be several churches representing different religious groups. Today I’d like to give you some facts and figures about religious groups in the United States, then compare the United States to other modern­ized nations, and, finally, say something about the importance of reli­gion in America, particularly about the increasing role of religion in U. S. political life in recent years.

Estimating the number of people belonging to various religious groups in America can be a little difficult to do. First of all, the U. S. govern­ment cannot ask for information on religious affiliation on a manda­tory basis in any official capacity. Statistical information must be gathered from surveys of the population and from organizational reports, which might, for example, include the number of members belonging to a church, synagogue, or mosque. One survey done in 2002 shows that 76 percent of the total population identified them­selves as Christian, with 52 percent identifying themselves as Protes­tant and 24 percent as Catholic. One percent of the population identi­fied themselves as Jewish and another 1 percent as Muslim. I should point out that Protestants, who form the single largest religious group, are found in more than 1,200 denominations.

Another study, called "The American Religious Identification Survey," showed that the number of people identifying themselves as Christian dropped from 86 percent to 77 percent between 1990 and 2001. The total number of those who identified themselves as Jewish declined a little, whereas the total number who identified themselves as Muslims doubled. Other smaller groups such as Buddhists and Hindus also increased their numbers. I don’t want to suggest that these are the only religious groups in the United States. There are many more small religious groups. OK, that’s enough facts and figures about various religious groups in the United States.

Now let’s look at two ways that religion in the United States differs from religion in other modernized nations. The first relates to the number of persons who claim membership in churches or some other religious organization. The second concerns the relationship of reli­gion and government. Let’s consider the first way the United States differs from these other modernized nations. About 60 percent of Americans belong to a church or other religious organization. This number is surprisingly high in comparison to other modernized na­tions. For example, the percentage of people who belong to a church or other religious organization is only about 22 percent in Great Britain, 15 percent in Spain, 7 percent in Italy, and 4 percent in France. This is not to suggest, though, that religious values may not be important in these countries, but it does suggest how important belonging to a church or other religious organization is to Americans compared to

Europeans. However, there is another somewhat contradictory differ­ence that we should also consider. In many of these modernized, Euro­pean nations, there is no clear separation of religion and government. When discussing religion in America, it’s important to remember that whereas freedom of worship is guaranteed by the First Amendment to the Constitution, this same amendment also establishes the separa­tion of church and state. Therefore, although this amendment guaran­tees everyone the right to practice his or her religion, it also tends to keep religion out of the public sphere, that is, out of anything concern­ing the government and public schools, for example. Religion has been largely a private matter in the lives of Americans and not been a mat­ter of government, politics, and public education. Of course, religious beliefs and values have always influenced politics and education, but generally indirectly. To sum up, then, the importance of belonging to a church or religious organization seems greater to Americans than to Europeans, but at the same time, religion has no official role in the government as it has in some European countries and has largely been confined to the private side of people’s lives. However, there has been a recent trend leading to an increase in the influence of religion in politics. Finally, let’s take a closer look at this rather sudden rise in the influence of religion on American political life.

Although religion in America seemed to many people to be in decline during most of this century, in the 1970s, there was a religious revival that surprised many, especially those people in academia, the media, and government. This religious revival became known as the "rise of the religious right." That is, the people involved in this religious re­vival were politically conservative, or to the right of the center. For a while it seemed that this rise in conservative religion would be largely confined to the private sphere of life. The religious right was generally opposed to abortion, but abortion was made legal by the Supreme Court anyway. The religious right generally favored prayer in schools, but the Supreme Court found that prayer in public schools was uncon­stitutional. The issues of abortion and prayer were felt by many to be matters of private concern, not serious political issues. However, these issues have become increasingly politicized, and because they are highly controversial issues, they have tended to divide people very sharply. The issue of abortion, especially, has become very politicized and has led to very bitter political debate and even acts of violence.

The religious right has also put more and more pressure on politicians to put prayer back in the schools, even if this requires another amend­ment to the Constitution. This rise of the religious right can no longer be ignored by people in politics. However, whether this group will be able to influence political life for a long time cannot be known. Per­haps this is a temporary phenomenon, and in time the religious right will become less important.

What the role and importance of religion will be in the future of American society cannot be known, of course. There are those who predict that Americans will become more like Europeans if economic prosperity continues, that is, more secular and less religious. Others fear that the rise in conservative religious beliefs may lead to a more authoritarian political atmosphere with less personal freedom for individuals. Because religious values have always been important in America in one way or another, it seems likely that religion will continue to play an important role in America well into the future.

By the way, the history of some religious minorities in the United States is particularly interesting and sheds some light on the tougher issues related to the government’s commitment to freedom of religion and the separation of church and state. Some of these better known groups are the Amish, the Mormons, and the Seventh-Day Adventists. I don’t have time to go into them today, but for those of you who are interested, I suggest that you do some further investigation of these religious minorities.


A. Accuracy Check

1. Why do many foreigners often not understand the role of religion in America?

2. What are the two largest religious groups in America, and what are the percentages of people who identify themselves as belonging to these groups?

3. According to the lecturer, why are there so many different religious groups in the United States?

4. About what percentage of people are members of a church or other religious organization in the following countries: the United States, Italy, and France?

5. What right does the First Amendment to the Constitution guarantee?

6. What does the First Amendment say about religion and the state, that is, religion and government?

7. Was the religious revival of the 1970s conservative or liberal?

8. What was the religious revival called?

9. What issues have become very important politically because of this religious revival?

10. If America becomes more like Europe, will it become more religious or more secular?

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