Английский язык (стр. 2 )

(5) Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.

(6) In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as "The People vs. (= versus, or against) Sanchez” in the United States and "R. (Regina, that is, the Queen) vs. Sanchez" in England. But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez vs. Smith" if it was started by Sanchez, and "Smith vs. Sanchez" if it was started by Mr. Smith.

(7) Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

(8) Nevertheless there are many points of contract between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him – for example, to pay money to the winner of the action – the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.

Although the guilty defendant in a criminal case will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than it was in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.

3. Entitle each part of the text, so that to make a plan of the text.

4. Make a short summary of the text, using your plan.

5. Translate parts of the text, which are of greatest interest to you, in writing.

Vocabulary notes

Read and memorize the active vocabulary to the text and translate the given sentences.

(1) tort n – деликт, гражданское правонарушение. A tort action is a common type of civil case.

trust n – 1) доверительная собственность, распоряжение имуществом на началах доверительной собственности; 2) кредит. A trustee is the legal owner of property, which she/he holds in trust and must administer for the benefit or advantage of another person.

probate n – 1) доказывание, утверждение завещания; 2) заверенная копия завещания. Не didn't receive a probate after his uncle's death. The case will be heard by the Probate Court.

(2) inheritance n – наследство, наследование. He received $by inheritance after his uncle's death.

enrichment n – обогащение.

unjust enrichment – незаконное обогащение. The head of the company was accused of unjust enrichment.

remedy n – средство судебной защиты.

(3) defendant n – ответчик; обвиняемый; подсудимый; подзащитный.

victim n – жертва. The victim of the car accident was a driver who had a blood alcohol content above the legal limit.

(4) prison n – тюрьма. Two criminals escaped from the local prison yesterday.

plaintiff n – истец. The plaintiff sued the defendant for breach of contract.

evidence n – 1) доказательство; 2) улика, свидетельское показание. In Criminal Law the evidence is everything (objects, statements, documents) which help to show how a crime happened.

(7) trial n – судебное разбирательство, судебный процесс. The case was sent for trial at the Crown Court.

(8) procedure n – процедура; судопроизводство; процесс. The procedure of the High Court is mainly regulated by the rules of the Supreme Court.

liability n – ответственность; обязанность. The offender tried to avoid civil liability.

liable adj – ответственный; обязанный. He wasn't found liable in a criminal action.

loser n – 1) потерпевший; 2) сторона, проигравшая судебный процесс. A loser is a person who loses a lawsuit.

disobey v – не повиноваться; не подчиняться. In case he disobeys the decision of the court he will pay a penalty.

Vocabulary exercises

1. Pick out from the text all the word combinations with the following words (terms) and give their Russian equivalents:

– property;

– crime;

– guilt;

– victim;

– action;

– prosecution;

– evidence;

– damages;

– to prove.

2. Find in the text the English equivalents for the following phrases:

– рассматривать споры между гражданами одного государства;

– совершать неправомерные действия;

– управлять собственностью;

– возбуждать гражданское / уголовное дело;

– оплатить судебные издержки;

– неосторожное вождение;

– причинять вред;

– избежать гражданской / уголовной ответственности;

– неповиновение какому-нибудь суду;

– подвергнуться грубому обращению со стороны полиции.

3. Translate the sentences from Russian into English.

1. Гражданское право рассматривает споры между гражданами одного государства. Публичное право рассматривает споры между гражданами и государством или споры между государствами.

2. Большинство континентальных уголовных кодексов является современным изобретением.

3. Во многих странах существует различие между процедурами ведения гражданских и уголовных процессов.

4. Хотя некоторые правовые системы разрешают частному лицу возбуждать уголовное преследование против другого гражданина, уголовные дела всегда возбуждаются государством.

5. Гражданские дела всегда возбуждаются частными лицами.

6. По англо-американскому праву сторона, начинающая уголовное дело, называется «обвинением».

7. Сторона, начинающая гражданское дело, называется «истцом».

8. Другая сторона как в уголовном, так и в гражданском деле называется «ответчиком» / «обвиняемым».

9. По английскому праву в уголовном деле обвинение должно доказать вину обвиняемого «вне всяких сомнений».

10. В гражданском деле суд должен взвесить все доказательства и решить, которое из них наиболее веское.

4. Fill in every missing notional word.

1. Most countries make a rather... distinction between civil and... procedures.

2. An English criminal court may...a defendant to pay a fine as a... for his crime, and he may sometimes have to... the legal costs of the... . But the victim of the ... pursues his claim for... in a civil, not a criminal... .

3. The standards of proof are... in a criminal action than in a... one since the loser risks not only... penalties but also being sent to... or, in some countries, ... .

4. In a criminal case a... cannot be proven if the person... it doubts the guilt of the... and has a reason for this... .

5. Criminal and civil... are different. Although some... including the English, allow a private... to bring a criminal prosecution...another citizen criminal actions are... always started by the... .

5. Match the words on the left with the words on the right:

a) to bind 1) a criminal prosecution

b) to commit 2) guilty

c) to bring 3) damages

d) to find smb 4) an agreement

e) to pay 5) wrongs

6. Explain the meaning of the following words and expressions:

– wrongs committed against someone's reputation;

– to administer property for another person's benefit;

– to harm the well-being of society in general;

– legal costs;

– "beyond reasonable doubt";

– on the balance of probabilities;

– to weigh all the evidence;

– "The people vs. Sanchez";

– "Smith vs. Sanchez";

– careless driving;

– to disobey a court;

– to be liable;

– to be mistreated;

– standard or proof.

Discussion.

Draw a plan of the court system in Russia. Discuss your plan with other students.

Unit 4

JUDICIAL INSTITUTIONS

1. Use the words and phrases to predict what you think the text may be about. What sort of topics and ideas do you think it will contain?

jury	conditional	tribunal
juror	bail	appeal
magistrat	unconditional	decision
	1ibail	trial

2. Read the text quickly and try to understand what information is of primary importance or new to you.

Judicial institutions

(1) In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of a hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for having a variety of courts. One is that a particular court can specialize in particular kinds of legal actions – for example, family courts and juvenile courts. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment (although the right of appeal usually depends upon the appellant being able to show certain reasons for his dissatisfaction). The decisions of a higher court are binding upon lower courts. At the top of the hierarchy is a supreme lawmaking body, but the process of taking an action from a lower court to the highest court may be very time-consuming and costly.

(2) We can use the English system as an example of how courts relate to one another:

HOUSE OF LORDS

 

COURT OF APPEAL

 

Criminal Division Civil Division

HIGH COURT

Queen's Bench Division Chancery Division Family Division

 

CROWN COURT

MAGISTRATES COURT COUNTY COURT

MAGISTRATES COURT'

In general, the division between civil and criminal law is reflected in this system. The Crown Courts, for example, deal exclusively with criminal matters, the County Courts, with civil. However, the Queen's Bench Division of the High Court considers appeals from lower criminal courts, as well as civil matters, and the Magistrates Courts, while mostly concerned with criminal cases, also deal with some civil matters. The highest court, the House of Lords, deals with all matters (including appeals from Scottish and Northern Irish courts).

(3) A criminal case usually begins in a Magistrates Court. Having arrested someone suspected of committing a crime, the police must decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on the condition that he appears on a certain date at certain Magistrates Court. This is known as unconditional bail. However the police may instead take the suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail – that is, release the suspect provided that he puts up some money as security or agrees to surrender his passport or some similar condition. As the lowest criminal court, a Magistrates Court is powered to hear certain cases only. Some minor cases, such a parking violations, are dealt with only by the magistrates. Some serious crimes, like murder, cannot be heard by the magistrates and must go to the Crown Courts. And there are some offences where the defendant is given the choice of having his case heard in the Magistrates Court or the Crown Court. In takes much longer to have a case heard in the Crown Court, but some defendants prefer it because the facts of the case re decided by a jury, that is, ordinary members of the public.

(4) In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who are selected at random. They are not paid but are given expenses while they are on jury service, which is usually for about two weeks. Service is compulsory, and it cannot normally be avoided without a good reason, such as illness. It is not necessary for a juror to know anything about the law – indeed certain people connected with the world of law, such as solicitors, are not allowed to serve as jurors. This is because the job of the jury is to listen to the case and to decide questions of fact. It is the judge's responsibility to guide them on questions of law.

This contrast between law and fact is very important. If a man is on trial for murder, for example, the judge will explain just what the crime of murder means in English law and what the prosecution has to prove. He will explain how the trial will be conducted, summarize the evidence, and tell the jurors what factors they should consider in making their decision. These are questions of law. However, whether the defendant did in fact commit murder or not is a question of fact to be decided by the jurors themselves. It is necessary for at least ten of the twelve to agree.

(5) In some countries such as France (where there are nine jurors), the judges and jurors decide the case together. In the United States juries not only decide if the defendant is guilty but sometimes also have a say in what punishment he should receive. Before World War II, Japan also had a jury system, but it was often criticized for the ease with which jurors could be bribed. Now Japan like South Korea, is a rare example of a modern industrialized country where jurors are not used: all decisions are made by professional judges.

Most countries have special rules for young defendants. Children under ten cannot stand trial at all under English law. Juveniles (those under seventeen) are dealt with in special Magistrates Courts known as Juvenile Courts.

(6) A defendant found guilty by the magistrates may appeal against the finding or against the punishment to the local Crown Court, and the Crown Court judge will hear the appeal without a jury. If a defendant has good reason to believe the magistrates have made a mistake about a point of law, then he may appeal to the Queen's Bench Division of the Higher Court. The appeal system is mostly for the benefit of the defendant, but there are cases of the prosecution successfully appealing for a more severe punishment. In Japan it is even possible for the prosecution to appeal that a not-guilty decision be changed to guilty.

Appeals from the Crown Court go first to the High Court and, in special cases, to the Court of Appeal. Occasionally, a case is carried through this system of appeal all the way to the House of Lords.

(7) The House of Lords is considered the upper house of the British parliament, but its political powers are much more limited than those of the lower house, the House of Commons. Members of the House of Lords are not elected but consist of hereditary peers, peers appointed for life by the government, bishops of the Church of England, and the law lords – peers appointed for life after long service as lawyers. When sitting as a court of appeal it is only the law lords and certain other government-appointed officials who hear cases. Their decisions on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords and then, only by passing an Act of Parliament.

(8) In many countries, such as Japan and United States, the highest judicial decisions are made by a Supreme Court. Its members are appointed from the lower courts by the government. Unlike the British 'House of Lords, Supreme Courts are entirely concerned with legal matters (including the legality of government acts) and have no role in legislation.

(9) Apart from the limited civil functions of Magistrates Courts (for example, prevention of family violence), the lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract and tort disputes, actions regarding claims to land or those regarding the property of a dead person. Cases involving larger amounts of money are heard by one of the divisions of the High Court. The Chancery Division, for example, deals with disputes about trusts, the property of the dead and bankruptcy, among other things. Appeals from the High Court, and most appeals from the County Courts, go to the Court of Appeal.

(10) Some County Courts have authority to grant divorces, but when one of the parties disputes the divorce, it must be transferred to the Family Division of the High Court.

In addition to the courts mentioned above, there are numerous special courts which have been established to make decisions in particular types of dispute. For example, special industrial tribunals deal with disputes over contracts and sexual discrimination in employment matters.

(11) In Britain, as in other nations with democratic systems of government, most court cases are open to the public. This means that any member of the public may witness a court case, although he does not have the right to speak and may be ordered from the court if he tries to interrupt proceedings. But there are some proceedings which are closed. For example, a judge may order that no member of the public be present in a case where a child is giving evidence of sexual abuse which he or she has suffered. The public is also sometimes excluded if the judge feels that a witness or a member of a jury is being threatened by someone, watching the proceedings.

There are also restrictions on who may conduct a case in court. In most countries, an ordinary member of the public has the right to present his own case himself. However, although this sometimes happens in lower courts, most people choose to be represented by a professional lawyer, especially in a higher court.

3. Entitle each part of the text, so that to make a plan of the text.

4. Make a short summary of the text, using your plan.

5. Translate parts of the text, which are of greatest interest to you, in writing.

Vocabulary notes

Read and memorize the active vocabulary to the text and translate the given sentences.

(1)  abolish n – отменять, упразднять. There are different opinions on abolishing penalty of death.

juvenile adj – юный; несовершеннолетний. Juvenile courts hear cases involving young people under the age of 17.

appeal v – подавать апелляционную жалобу. A person who is dissatisfied by the decision of a lower court can appeal to higher court.

appeal n – апелляционная жалоба. All appeals from Scottish courts are heard by the High Court of Edinburg.

appellant n – апеллянт. Appealing to a higher court an appellant must show certain reasons for his dissatisfaction.

(2) the Queen's Bench Division – отделение Королевской скамьи Высокого суда правосудия в Великобритании.

the Chancery Division – Канцелярский суд, суд права справедливости. The High Court sits in three divisions: the Queen's Bench, Chancery and Family Divisions.

the Crown Court – суд Короны. The Crown Court hears only criminal matters.

County Court – суд графства. County Courts are presided over by a paid judge, who may sit alone or with a jury consisting of eight persons if either party wishes it.

Magistrate n – магистрат, судья, мировой судья, судья полицейского суда.

Magistrate's Court – магистратский суд. Most Magistrate's Courts consist of two to seven lay Magistrates (Justices of Peace) who do not receive any payment and who normally do not posses any legal qualifications.

(3) suspect v – подозревать. He was suspected of shop-lifting.

suspect n – подозреваемый. The police had been looking for suspect of murder for 2 years until they caught him.

accuse v – обвинять, предъявлять обвинение. He was accused of espionage.

accusation n – 1) обвинение; 2) обвинительный акт. He was arrested and made an accusation of selling military secrets to the Germans.

charge v – обвинять. The police charged him with arson.

charge n – обвинение. He is made a charge with burglary.

bail n – залог, поручительство. The mother of the criminal appeared in court to protest his innocence or raise bail.

murder n – убийство. Lizzie Borden was tried for two murders and acquitted, but the trial has become a legend.

offence n – проступок, нарушение, преступление. They deserved to lose, their offence, badly planned.

jury n – присяжные. The jury returned a verdict of (i. e. reached a decision that the accused was) not guilty.

(4) juror n – присяжный заседатель. A jury consists of twelve jurors, who are ordinary people chosen at random from the Electoral Register.

(6) finding n – решение (присяжных); приговор (суда). Не appealed against the finding of the local court.

(7) appoint v – назначать. The USA attorneys are appointed by the president with the advice and consent of the Senate.

(9) bankruptcy n – банкротство. A company should offer members some protection in case of bankruptcy.

(10) divorce n – развод, расторжение брака по суду. It is not easy to start divorce proceedings.

tribunal n – суд, трибунал. Industrial tribunals have a major part to play in employment disputes.

(11) witness n – 1) свидетель (в суде); 2) понятой; 3) доказательство, свидетельство. The witness was cross-examined by the defending counsel. Give witness on behalf of an accused person.

abuse n – 1) злоупотребление; 2) плохое обращение. We must put a stop to political abuses. Any child in Britain suffering physical, emotional or sexual abuse can ring free of charge and obtain expert help.

Vocabulary exercises

1. Pick out from the text all the word combinations with the following words (terms) and give their Russian equivalents:

– court;

-  law;

-  bail;

-  case;

-  accusation;

-  decision;

-  to deal with;

-  matter;

-  proceeding;

-  evidence.

2. Find in the text the English equivalents for the following phrases:

– упразднять законы;

– применять законы;

– подать апелляцию в вышестоящий суд;

– решения, обязательные для нижестоящих судов;

– подозреваемый в совершении преступления;

– выдвигать официальное обвинение;

– находиться под стражей;

– быть уполномоченным заслушивать определенные дела;

– в пользу обвиняемого;

– давать показания;

– прерывать судебное разбирательство;

– вести, слушать дело в суде;

– быть представленным в суде профессиональным юристом.

3. Translate the sentences from Russian into English.

1. Во всех правовых системах существуют институты для создания, совершенствования, упразднения и применения закона.

2.  Как правило, система правовых институтов представляет собой иерархию.

3.  Лицо, которое считает, что его дело было несправедливо рассмотрено в нижестоящем суде, может подать апелляцию в вышестоящий суд для пересмотра.

4.  Уголовное дело обычно начинается в суде магистратов, который уполномочен заслушивать только определенные незначительные дела, такие как нарушение правил парковки.

5.  Серьезные преступления, такие как убийство, не могут быть заслушаны магистратами и должны быть переданы в суды Короны.

6.  В некоторых случаях подсудимому дается право выбирать, будет ли его дело рассматриваться в суде магистратов или в суде Короны, где решение по его делу будет вынесено судом присяжных.

7.  Суд присяжных состоит из 12 присяжных заседателей, которые являются обычными членами общества и выбираются наугад.

8.  В обязанности суда присяжных входит слушание дела и вынесение решения по делу на основании имеющихся фактов.

9.  Обвиняемый, признанный виновным судом магистратов, может подать апелляцию в местный суд Короны.

10. Апелляции, поданные на решение суда Короны, поступают первоначально в Высокий суд и в особых случаях в апелляционный суд, а затем в палату лордов.

11. Решения Лордов-судей, заседающих как окончательный апелляционный суд, являются обязательными для всех судов.

4. Match the words on the left with the words on the right:

1) to appeal against	a) criminal and civil matters
2) to decide	b) trial
3) to make	c) a case
4) to deal with	d) a punishment
5) to stand	e) an accusation

5. Explain the meaning of the following words and expressions^

– to appeal to a higher court;

-  reassessment;

-  the from of a hierarchy of courts;

-  to release smb on the condition;

-  to be in custody;

-  unconditional bail;

-  jury service;

-  to make a mistake about a point of law;

-  a not guilty decision;

-  law-lords;

-  to overturn a decision;

-  sexual discrimination;

-  sexual abuse;

-  to conduct a case in a court.

Discussion: "Legal cases are best decided by professional judges, not by ordinary members of the public".

Give two points for and two against this statement. Discuss your point of view with other students.

Unit 5

LAWYERS AT WORK

1. Use the words and phrases in the box to predict what you think the text may be about. What sort of topics and ideas do you think it will contain?

Attorney	barrister	client
public	solicitor	clerk
prosecutor	legal work	will
judge

2. Read the text quickly and try to understand what information is of primary importance or new to you.

Lawyers at work

(1) Although many kinds of people working in or studying legal affairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs. In Japan a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge. In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, and once appointed they cannot continue to practice as barristers. Solicitors do much of the initial preparation for cases which they hand to barristers, as well as handling legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have the right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client's case. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia. The government is considering various proposals, but there are arguments for maintaining, as well as removing, the division. Range of work.

(2) Even lawyers with the same qualifications and professional title may be doing very different kinds of work. Most towns in the United States, for example, have small firms of attorneys who are in daily contact with ordinary people, giving advice and acting on matters such as consumer affairs, traffic accident disputes and contracts for the sale of land. Some may also prepare defences for clients accused of crimes. However, in both the United States and other industrialized countries, lawyers are becoming more and more specialized. Working in small firms, lawyers now tend to restrict themselves to certain kinds of work, and lawyers working in large law firms or employed in the law department of a large commercial enterprise work on highly specific areas of law. One lawyer may be employed by a mining company just to prepare contracts for the supply of coal. Another may work for a newspaper advising the editors on legal matters. Another may be part of a Wall Street firm of over a hundred lawyers who specialize in advising stockbrokers on share transactions.