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UNIT 3. CRIMINAL AND CIVIL PROCEDURE

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•a law/the law – a rule that people in a particular country or city must obey. There ought to be a law against smoking in public places.

•law/the law (no plural form)– the whole system of rules that citizens of a country must obey. Discrimination in any form must be against the law.

•law (no plural form) - a particular type of law, usually used in the names of branches of law, e.g. criminal law, land law etc. I’m going to chose business law as my major.

1.All citizens of one country must be equal before the law.

2.Those people who break the law must be punished.

3.We should pass a new law to solve this problem.

4.According to law every citizen has to pay taxes.

5.Some bills proposed by the government will never become laws.

6.In some countries there is a law which allows citizens to carry guns.

7.Criminal law deals with types of crimes and punishment for them.

8.The law on compulsory seat belts has been a success.

9.Respect for law is the foundation of every civilized society.

10.The soldiers will be charged under military law.

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1.I have a lot of work.

2.There are a lot of branches of law.

3.I don’t have much work at the weekend.

4.There are not many employees in this company.

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Most countries ( ) between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes ( -

). But the victim of the crime ( ) in a civil, not a criminal, action. (' ) 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. In English law the prosecution must ( «

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Criminal and civil procedures are different. In Anglo-American law, (

) [the state] is called the prosecution, but the party bringing a civil action is ( ). 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".

Nevertheless there are many point of contact 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—( ,

) 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 (

), but his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than it is in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.

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1.A criminal case is brought by ____________.

2.The person is charged with the criminal offence is _____________.

3.The party bringing a civil action is _____________.

4.A successful criminal prosecution will result in ____________.

5.If the plaintiff is successful the defendant will be found __________.

6.The plaintiff is required to prove his case ____________.

7.The prosecution must prove the guilt of the defendant _______________.

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The system of law.

The common divisions of a system of law.

The difference between public and private law.

The difference between substantive and procedural law.

The difference between domestic and international law.

UNIT 4. INTELLECTUAL PROPERTY LAW

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INTELLECTUAL PROPERTY

In general, it is not against the law to steal someone else's ideas. If a man I meet in a bar tells me how people can become rich, and I publish a bestselling book based on his ideas, I do not have to pay him any money or even mention his name in the book. But most countries do place legal limits on copying the exact words someone has written, the art or music they have created, or the technology they have invented. Such work is known as intellectual property. The main legal instruments for protecting it are patents and copyrights.

In order to prevent a new discovery or scientific process from being copied, it is necessary to apply for a patent. If granted, a patent makes it illegal for others to manufacture or use the invention without permission. However, a patent will only be granted if the invention has not yet been shown in public and if it has industrial application. Ideas—mathematical and scientific theories, for example—cannot be patented. The patent must be carefully worded since it may be possible for someone to copy any part of the process or invention not mentioned in the patent.

Literature, artistic works, computer programs, movies and radio and television broadcasts cannot be patented, but they can be protected by copyright. In most countries, such work is automatically protected when it is created; there is no need to apply for or to register copyright. It is usual to record the date of creation and mark it with the international copyright symbol ©, but this is not essential.

As with other kinds of property, intellectual property can only be protected if ownership is clear. The holder of a patent is often a company rather than the individual scientists inventing something in the course of their work. A copyright is usually owned by the creator of the work— the writer, painter or musician—but like other property, it might be passed to someone else. If a journalist is employed by a newspaper then the articles he writes are usually the copyright of the newspaper owner. The copyright in a movie is owned by the film maker, not by individual writers or performers. The copyright in the book is held by the publishers who commissioned it.

In recent years it has been difficult for intellectual property law to keep pace with technological change. Video recording, satellite television, and the use of computers have expanded so rapidly that it is becoming difficult to control copying. The main emphasis of recent laws is not to prevent people from copying, but to ensure they pay for doing so.

The laws of intellectual property usually require anyone wanting to copy something to ask permission from the holder of the patent or copyright. In the case of small-scale use of artistic work,

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4.The patent must be carefully worded since ________.

a)somebody can copy any part of the invention mentioned in the patent

b)somebody can copy any part of the invention not mentioned in the patent

c)somebody can copy any part of the invention despite the patent

5.Literature, artistic works, computer programs, movies and radio and television broadcasts

_________.

a)can be protected by copyright

b)can be protected by patent

c)can not be protected by the law

6.Intellectual property can only be protected if __________.

a)it is patented

b)it is registered

c)its ownership is clear

7.The main emphasis of intellectual property law _________.

a)is to prevent people from copying

b)is to ensure people pay for coping

c)is to ask permission from the holder of the patent or copyright

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Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1)literary works;

(2)musical works, including any accompanying words;

(3)dramatic works, including any accompanying music;

(4)pantomimes and choreographic works;

(5)pictorial, graphic, and sculptural works;

(6)motion pictures and other audiovisual works;

(7)sound recordings; and

(8)architectural works.

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

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Case.

Several television production companies sued Sony, a manufacturer of home VCRs, charging that VCR consumers were recording their copyrighted works and that Sony was liable because of its marketing of the recorders.

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TRADEMARKS AND TRADE SECRETS

1. register 2. a symbol 3. a competitor 4. legal remedy 5. similar 6. intellectual property 7. the same name 8. secrets 9.a criminal offense

Another kind of __________ is a trademark. Companies often use a certain name or description to help sell their products, or sometimes ________ which everyone comes to associate with that company, such as the M design of McDonald's or the shell design of Shell Oil. To prevent other businesses from using their trademark, companies often ________ them. Another _______ is to take out an injunction against a company which has tried to pass itself off as your company by using _________ or similar packaging. The London store Harrod's took out a passing-off action against a small business in New Zealand not only because it was also called Harrod's but because its bags looked _______.

The law provides some help for companies that want to keep trade secrets confidential. In some countries, it is _________ to pass information about an employer's production methods, business techniques and customer lists. In others, it is legal for a contract of employment to include restrictions about giving away or using such ______, and the restrictions may continue to apply even after the employee has left the company. Some contracts enable a company to take legal action against an ex-employee who tries to work for _______. English law recognizes the need for businesses to protect themselves from ex-employees who start up a rival business, but it also puts limits upon the extent that the company can restrict others.

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Q: What is a service mark?

A: A service mark is exactly the same as a trademark with the exception that it distinguishes your services from others in the market.

Q: Is trademark the same as trade name?

A: A trade name is slightly different to a trademark. A trade name refers to the name of the business or company, where a trademark refers to products/services.

However, a trade name can be used as a trademark if it is used to help distinguish between products and services, for example 'HSBC Savings Account'.

Q: What is qualified as a trademark?

A: Trademarks cannot be freely registered and will be investigated thoroughly before registration is approved. To qualify for registration the trademark must: be distinctive and not be a commonly used word; be available for use, i.e. not used or registered by another party; be lawful.

Q: What Does ®, ™ and SM Mean?

A: A party can display ™ next to a trademark that has not been registered. However, there must be a public claim to the trademark.

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