Unit III Civil and Public Law

Task 1. Warming-up Activity.

1. Try to point out the main categories of the civil and public law?

2. What spheres of human life do they touch upon?

3. What are the differences between civil and criminal procedures?

Task 2. Read the text. The following sentences (1-8) have been taken out of the text. Fill in the gaps (A-H) with the appropriate sentence.

1) Consequently, most Continental criminal codes are entirely modern inventions.

2) Some courts, such as the English Magistrates Courts and the Japanese Family Court, deal with both civil and criminal matters.

3) In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities."

4) For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution.

5) 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.

6) Torts – wrongs committed by one individual against another individual's person, property or reputation.

7) It is also possible in English law to bring a civil action against the police.

8) 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.

Civil and Public Law

Main categories

One important distinction made in all these countries is between private –

or civil – law and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another. The main categories of English civil law are:

Contracts – binding agreements between people (or companies);

A _____

Trusts – arrangements whereby a person administers property for another person's benefit rather than his own Land Law;

Probate – arrangements for dealing with property after the owner's death;

Family Law.

The main categories of public law are:

Crimes – wrongs which, even when committed against an individual are considered to harm the well-being of society in general;

Constitutional Law – regulation of how the law itself operates and of the

relation between private citizens and government;

International Law – regulation of relations between governments and also between private citizens of one country and those of another.

In codified systems there are codes that correspond to these categories, for example, France's Code Civil and Code Penal. Justinian's Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. B _____

Differences in procedure

Most countries make a rather clear distinction between civil and criminal procedures. C _____ But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. (In France, however, a victim of a crime may be awarded damages by a criminal court judge.)

The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). D _____ Thus, in a civil case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

Criminal and civil procedure 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. E _____ Others, such as the English Crown Court, deal exclusively with one or the other.

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.

Evidence from a criminal trial is not necessarily admissable as evidence in a civil action about the same matter. F _____ 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.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.

Points of contact

Nevertheless there are many points of contact between criminal and civil law. G _____ 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.

H _____ Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.

Task 3. Find in the text equivalents to the following Russian words and word combinations.

1. спор

2. деликт

3. распоряжение имуществом на правах доверительной собственности

4. утверждение завещания

5. судебные издержки

6. обвинение

7. доказать вину

8. истец

9. обвиняемый

10) неосторожное вождение

11) соблюдать

12) не подчиняться

13) вводить в силу

14) оспорить решение

Task 4. Find in the text the words definitions of which are given below:

1) a person against whom a charge is brought in a court of law;

2) a demand or request for smth. which you have a right to have;

3) the person that suffers pain, death, harm, etc. as a result of other people's action;

4) the way of showing that smth is true;

5) a punishment for breaking a law, rule, or legal agreement;

6) a person who is suspected of a crime;

7) smth, such as a fact, sign., or object, that give proof or reasons to believe or agree with smth.;

8) the process of spoiling smth. and the harm or loss that results from this.

Task 5. Complete the definitions with the words from the list:

1) disclosure

2) inspection

3) witness statement

4) summons

5) form of admission

6) practice directions

7) counterclaim

1. _____ - the process by which a claimant may look at written evidence held by the defence.

2. _____ - the document in which the defendant makes a claim against the claimant.

3. _____ - the document in which the defendant agrees to the claim made by the claimant.

4. _____ - the document starting claim proceedings.

5. _____ - the process by which the claimant is required to inform the defendant of documents they hold relevant to the claim.

6. _____ - the document giving evidence by someone who saw or heard something critical to the case.

7. _____ - the instructions given by a judge on how procedures should be carried out in a case.

Task 6. Fill in the correct prepositions, then chose any three and make sentences.

1) to be held _____ a custody

2) to impose a sentence _____ smb.

3) to be accused _____ smth.

4) to be charged _____ smth.

5) to be guilty _____ smth.

6) to serve _____ a jury

7) to release smb. _____ bail

8) to bring _____ a verdict of guilty

9) to be _____ probation

10) to release smb. _____ parole

Task 7. Fill in the gaps with the suitable words from the list:

A. Witnesses, trial, crime, passes, defense, jury, defendant, evidence, prosecution

Anyone accused of a serious _____ has the right to a _____ by the _____, a group of men and women (usually twelve) chosen by chance. A _____ lawyer tries to convince the court that the _____ is guilty. A _____ lawyer sets out to prove that the accused person's innocent. _____ tell the court what they know about the crime. After listening to all the facts or _____ the jury must decide whether the prosecution has proved guilt. The judge helps the jury understand the laws relating to the trial and _____ a sentence if there is a guilty verdict.

B. Party, deter, time in jail, pleads, aggrieved person, fine, violation, probation, imposed upon, award of money, found guilty

In criminal matters, action is taken by the "state" (either federal, state, or local government agencies) against an individual for a _____ of the law. A criminal matter can result in a sentence such as a _____ , _____ or _____ . The sentence is _____ a defendant who _____ or is _____ to keep him from acting in the same manner in the future and also to _____ others from acting in a similar manner. Since a criminal matter can result in the "state" taking away person's freedom, there are additional constitutional protections built into the rules of the criminal procedure. In a civil case, the controversy is between two or more "people" ("people" can include individuals, businesses or government agencies). Most often, the result is an _____ to be paid by one _____ to the other. The judgment is imposed to make the _____ "whole" for the harm that has been caused by the other. A judgment in a civil matter does not include the imposition of a criminal sentence. The rules of the civil procedure are different than that of the criminal procedure because the proceedings are different.

Task 8. Match the following English expressions to their Russian equivalents:

A.

1) bailed defendant a) заявление против иска или обвинения

2) to call the defendant b) представление интересов ответчика

или подсудимого

3) defendant's plea c) направить подсудимого на

испытательный срок

4) disruptive defendant d) предполагаемый обвиняемый

5) evidence for the defendant e) права ответчика

6) motion of the defendant f) освобожденный под залог

7) to place defendant on probation g) ходатайство подсудимого

8) putative defendant h) доказательства в пользу

9) representation of the defendant i) вызвать ответчика в суд

10) rights of the defendant j) подсудимый, нарушающий порядок в

зале суда

B.

1) administratively liable a) ответственные стороны

2) to be personally liable . b) признать чью-либо ответственность

3) civilly liable c) третья виновная сторона

4) criminally liable d) лично ответственный партнер

5) to hold liable to e) подлежащий наказанию

6) liable third party f) подлежащий гражданско-правовой

ответственности

7) liable to capital punishment g) подлежащий уголовной

ответственности

8) liable to penalty h) нести личную ответственность

9) parties liable i) подлежащий административной

ответственности

10) personally liable partner j) подлежащий смертной казни

Task 9. Make word combinations and use them to complete the sentences below:

criminal doubt sentence indictable severe plea realistic guilty

reasonable defence proceedings costs reduced prospects offences penalties

1. The Crown Prosecutor considers whether there's sufficient evidence to provide a _____ of conviction.

2. There should be no conviction without proof beyond _____ .

3. The Crown Court always hears _____ such as manslaughter.

4. In serious crimes, courts can impose _____ .

5. At the end of a trial, a defendant may be ordered to pay a contribution to _____.

Task 10. Replace the underlined words and phrases with the alternative words from the list. Pay attention to the grammatical context:

bail apprehend detain appear acquit charge sentence

a) Bail may be refused and the defendant may be (1) held in police custody.

b) Alternatively, the defendant may be (2) found not guilty by the court and discharged.

c) Once proceedings have been initiated, the defendant (3) comes before the court.

d) The police formally (4) accuse the suspect in the police station.

e) If the offender pleads guilty in the Magistrates' Court, the court imposes a (5) punishment.

f) The police investigate a serious offence and (6) arrest a suspect.

g) The suspect may ask for (7) release from custody before the trial.

Task 11. Decide whether the following statements are true or false:

1. English criminal court may force a defendant to pay a fine as a punishment for his crime.

2. The standards of proof are higher in a civil action than in a criminal one.

3. Some systems allow a private citizen to bring a criminal prosecution against another citizen.

4. The party bringing a civil action is called prosecution.

5. The main argument in a civil court is about the amount of money.

7. Civil law concerns disputes between citizens and the state.

8. Torts are the arrangements whereby a person administers property for another person's benefit.

9. The main categories of public law are crimes, constitutional law and international law.

10. Probates are the wrongs committed by one individual against another individual's property.

11. Public law concerns disputes between one state and another.

Task 12. In groups of 4-5 discuss the following questions.

1. Can a person bring a criminal and a civil action at once?

2. What is your attitude to the jury trial? Are you for or against it?

3. What are the differences between the parties in a criminal and a civil action?

4. What are the similarities in criminal and civil procedures?

5. Comment on the number of people who take part in a criminal and a civil action.

6. What are the differences between criminal and civil actions in Russia and in Britain?

7. In English law an act of violence against a person may be treated both as a crime and as a civil tort. Explain some of the differences between the two procedures.

8. Compare the principles of "proof beyond reasonable doubt" and "proof on the balance of probabilities."

9. Which is/are true? "

a. Both damages and fines are sums of money,

b. Both damages and fines may benefit the victim of an accident,

c. Damages are part of the civil system of law.

10. Try to draw a plan of the court system in your country, showing which courts have civil functions and which have criminal functions. Compare your plan with another student's. Use a dictionary to check the English names of the different types of courts.

Task 13. Summarize the text and tell your group mates about:

1. main categories of civil and public law;

2. differences in civil and criminal procedures;

3. points of contact between criminal and civil law.