Английский язык. Профессиональная лексика для юриста. Учебное пособие

Many crimes may be committed without giving anyone a right to bring a 14. __: e.g. treason and forgery where no one has been defrauded, so too perjury. On the other hand, many or most civil wrongs are not crimes: e.g. trespass where no willful 15. __ is done is not a crime. In some cases, however, the same act is both a 16. __ and a civil wrong, as in the case of injuries to the person and defamatory libel, and in general, it may be said that any criminal act which causes damage to an individual is 17. __ actionable. In such cases both civil and criminal proceedings may, with some exceptions, be taken for the same act; it is not necessary to choose between the two, but the proceedings are quite 18. __. Only in some exceptional cases can 19. __ and redress be obtained in the same proceedings.

In legal systems based on common law the standards of 20. __ are higher in a criminal action than in a civil one. In a criminal action the 21. __ must prove the guilt of the 22. __ “beyond reasonable doubt”, but the plaintiff in a civil action is to proof his case “on the balance of probabilities”. The party bringing a criminal action is called the prosecution, the party bringing a civil action is called the 23. __. In both kinds of actions the other party is known as the defendant.

One purpose of both civil law and criminal law in common law system is to 24. __ to harmful acts committed by individuals. However, each type of law provides different responses.

Language Development

Exercise 1. Choose the best way to complete the sentences.

1.The general term “pleadings” refers to…

a)inspection of documents;

b)asking witnesses oral questions;

c)the series of written claims and defences that establish what is at issue.

2.The process of uncovering all evidence is called…

a)pleadings;

b)discovery;

c)conclusion of litigation.

3.Subpoena is…

a)an official notice to appear in court as a witness to give evidence;

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b)the statement of claim made by the plaintiff;

c)the testimony of witnesses.

4.Finally the judge gives…

a)instructions to the jury on the law;

b)the decision in the form of a reasoned judgement;

c)his opinion of the case.

5.If the losing party fails to perform satisfaction, the prevailing party can …

a)appeal the case to a higher court;

b)take measures to enforce the judgement;

c)make objections to evidence.

Exercise 2. Mark the statements which are true.

1.The term “procedure” refers to the trial itself.

2.The first step of a civil procedure is filing a summons.

3.The defendant may make a counterclaim against the plaintiff.

4.“Deposition” is interrogatories, which require written answers.

5.In civil cases the plaintiff’s barrister rather than a prosecutor argues the case.

6.All civil cases should be tried by jury.

7.Finally the plaintiff’s barrister gives the decision in the form of a reasoned judgement.

8.The party in whose favour judgement made is the losing party.

9.The final stage is the enforcement of the judgement.

10.After the court hands down a judgement, the losing party has only one option: to satisfy the judgement.

Exercise 3. Read this article on limiting legal problems and match the first half of each paragraph (1–5) with the correct second half (a–e) below.

Preventing large fees by limiting legal problems

It is always easier (and cheaper) to prevent a legal problem from arising than to deal with a problem through litigation. Saving money on legal fees does not mean ignoring problems or handling matters yourself when you need legal expertise. Be proactive, for example:

1.If somebody threatens to sue you, do not wait for the lawsuit. [...]

2.If you have a problem employee, do not fire him or her without consulting an employment lawyer. [...]

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3.It is a good idea to get everything in writing. [...]

4.Consider inserting a “loser pays” rule into your commercial contracts. [...]

5.If you are about to be sued, check your insurance policies. [...]

a)This discourages frivolous litigation.

b)Businesses occasionally pay their lawyers for defending a lawsuit without recognising that the litigation expenses are covered by insurance.

c)Hire a lawyer immediately. Early settlement talks can clarify positions and save substantial money in the form of both legal fees and damages.

d)They can tell you how to conduct the firing in a way that minimises your exposure to a lawsuit.

e)Too much litigation arises out of ‘he said / she said’ disputes that can be avoided by simple documentation. This rule applies to dealings with your lawyers as well.

Exercise 4. Civil or criminal? In each case of the following, decide: a) whether it is a civil or criminal case (or both); b) who will initiate the proceedings (“the proceedings will be initiated by...”) and c) what the possible punishment is (“the likely punishment is...”). Prove your point of view.

1.A man burgled a flat and stole possessions to the tune of several hundred pounds. It is not his first offence.

2.A company promised to deliver a new machine by 1 September. It is the end of December but the machine ordered has not arrived.

3.A rugby player is so angry with the referee during a game that he hits him and breaks his nose.

4.A man fired two shots at another man during an argument. A few hours later the injured man died of the injuries he had received.

5.A company has hired a truck and refuses to return it or to pay for another week’s hire.

6.A car has crashed into the fence of a house. The driver refuses to pay for the repairs.

7.A motorcyclist collided with and killed a pedestrian.

8.A man replaced the price labels on certain goods in a supermarket with labels showing lesser prices, and at the checkout he paid those lesser prices. He was then arrested.

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Exercise 5. Write 7-12 sentences contrasting criminal and civil procedure. In your answers use conjunctions while or whereas.

Example: While a criminal act is called … , a civil act is called … ; or:

A criminal act is called … whereas a civil act is called … .

TEXT B. Criminal Procedure

Read the text and get ready to discuss it.

The state prosecutes those charged with a crime. The police investigate a crime and may apprehend suspects and detain them in custody. If the police decide an offender should be prosecuted, a file on the case is sent to the Crown Prosecution Service (CPS) – the national prosecution service for England and Wales. The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so, whether the public interest requires a prosecution. They can decide to either go ahead with the prosecution, send the case back to the police for a caution, or take no further action. Criminal proceedings can be initiated either by the serving of a summons setting out the offence and requiring the accused to attend court, or, in more serious cases, by a warrant of arrest issued by a Magistrates’ Court. Lawyers from the CPS may act as public prosecutors.

The Criminal Defence Service provides legal aid, which funds the services of an independent duty solicitor who represents the accused in the police station and in court. However, at the end of a Crown Court case the judge has the power to order the defendant to pay some or all of the defence costs.

There are three categories of a criminal offence. Summary offences, tried without a jury, are minor crimes only tribal in the Magistrates’ Court. Indictable offences are serious crimes, such as murder, which can only be heard in the Crown Court. The formal document containing the alleged offences, supported by facts, is called an indictment. A case which can be heard in either the Magistrates’ Court or the Crown Court, such as theft or burglary, is tribal either way. If the defendant pleads guilty, the Magistrates’ Court can either proceed to sentence or commit to the Crown Court for sentence, where more severe penalties are available. If there is a not guilty plea, the court can decide the mode of trial. The person

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charged may request a trial by jury. If granted, such trials take place in the Crown Court.

The English system of justice is adversarial, which means that each side collects and presents their own evidence and attacks their opponent’s by cross-examination. In a criminal trial, the burden of proof is on the prosecution to prove “beyond reasonable doubt” that the accused is guilty. A person accused or under arrest for an offence may be granted bail and temporarily released. However, bail may be refused, for example if there are grounds for believing that the accused would fail to appear for trial or commit an offence. In the Crown Court, there may be a preparatory hearing for a complex case before the jury is sworn in.

Prior to the trial, there is a statutory requirement for disclosure by the prosecution and defence of material relevant to the case, for example details of any alibis – people who can provide proof of the accused’s whereabouts at the time of the crime – or witnesses – people who may have seen something relevant to the crime. Once a trial has begun, the defendant may be advised by counsel to change his or her plea to guilty, in expectation of a reduced sentence. If, at the end of the trial, the court’s verdict is not guilty, then the defendant is acquitted.

Exercise 1. Replace the words and phrases in italics with alternative words and phrases from the text. Pay attention to the grammatical context. There is more than one possibility for one of the answers.

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 3. started, the defendant 4. comes before the court.

d.The police formally 5. accuse the suspect in the police station.

e.If the offender 6. admits his/her guilt in the Magistrates’ Court, the court imposes a 7. punishment.

f.The police investigate a serious offence and 8. arrest a suspect.

g.The suspect may ask for 9. release from custody before the trial.

h.10. Serious crimes can only be heard in the Crown Court, but minor offences are tribal in the Magistrates’ Court.

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Exercise 2. Here are the various stages of a criminal trial. Fill in the missing words in the sentences. Choose from the following:

When the __ knows that he is going to stand trial, he asks a __ to prepare his __.

The information collected is then given to a __ who will __ him in court.

In a criminal case, the police will have their own barrister, who is known as the __.

These two barristers are referred to throughout the trial as __ and __.

Before the trial begins, the counsels review their __ and decide how to present their case.

Members of the __, when required, are selected and __ on their duties. A date for the trial is arranged.

At the beginning of the trial, the judge asks the defendant how he __: “__” or “__”.

Both counsels then address the jury with a __ of what they believe is true, and explain what the jury will hear at the trial.

The counsel for the prosecution then calls and __. The counsel for the defence can __ these people.

The defendant will also be questioned by both counsels.

At the end of the trial, the counsels summarise the facts as they see them, and the jury then __ to __ in private.

When the jury has reached its __, it returns to the court and the __ of the jury delivers it to the court.

If the defendant is found to be “not guilty”, he is __.

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However, if the jury’s verdict is “guilty”, the defendant is __ and __ by the judge.

The defendant may have to serve a __ sentence (in other words go to prison), he may be given a __ sentence, or he may be __ (or a combination of two of these).

If the defendant is not happy with the decision of the court, he is free to __ to a higher court.

The highest courts for __ in England and Wales are the House of __ and the Court of Justice of the European Communities (also called the European Court of Justice, or __ for short).

Exercise 3. Translate the Russian fragments into English.

Principles of criminal procedures

•the accused is (считается невиновным) until proved guilty;

•to prove guilt, the prosecution must show (при полном отсутствии оснований для сомнения) that he or she committed the offence. This means that if there is a reasonable doubt as to guilt, then there must be an (оправдательный приговор);

•no one is under a duty to help the police with their (расследованием), or to make a statement to them; further, this lack of cooperation cannot be held against them (в суде);

•(подозреваемый имеет право хранить молчание) and it cannot be held against them;

•a defendant is tried on the facts of the case, not on the evidence of previous convictions; the court will not be told of any (прежней судимости), since that might create prejudice. Only if found guilty will “form” be relevant, when it may influence the (судебный приговор); but the accused will forfeit the benefit of this rule if he or she falsely tells the court they are of good character, or if they attack the character of the prosecution witnesses;

•the trial is based on (показания свидетелей); generally, written evidence is not allowed since there is no opportunity for its maker (подвергнуть перекрёстному допросу). It is allowed, however, when the contents of the written statement are not in dispute; also, the evidence of a witness must be of what he or she saw or heard and not hearsay (i.e. secondhand evidence). For instance, B cannot give evidence to say that A

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saw the (подзащитный совершил преступление). A has to come to court to give his or her own evidence;

•the accused is protected from trial by newspaper; (регламент суда) prevent the papers from reporting anything other than the evidence given in the case; speculation by the press is prohibited.

Exercise 4. Complete the following conversation with the words from the box.

proceedings defence reason unfair juror clerk

Barrister: Your Honour, I don’t believe that… four should sit for this trial.

Judge: For what … ?

Barrister: One of his answers to my questions. He believes that young people are more likely to commit crimes these days.

Judge: And you’re worried that he will be … toward the defendant? Barrister: Yes. My client is only seventeen years old.

Judge: The … has a point. We’ll release him. Barrister: Thank you, Your Honour.

Judge: We’ll continue the … after the … of the court calls in another juror.

Exercise 5. Put the following stages into the correct sequence in the flowchart below. Then, match each step to its correct definition.

acquittal of accused conviction of accused appeal against judgement interrogation of witnesses appearance in court investigation by police apprehension of suspect release on bail

charge of suspect sentence by judge

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1. crime reported

2.

3. investigation of suspect

4.

5.

8. interrogation of accused and 9.

10.

11.decision of jury

12.judgement of judge

15.

16.

1.___: the police free the person alleged to have committed the crime on condition that the accused appears at court at a future date;

2.___: the jury panel make a decision whether they believe (beyond reasonable doubt) that the accused committed the crime of which s/he is accused;

3.___: the judge decides punishment;

4.___: the police carry out a systematic examination of the person who may have committed a crime;

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5.___: the police receive information that a crime may have been committed;

6.___: the police make a claim of wrongdoing against the person alleged to have committed the crime;

7.___: the police carry out further questioning of the person alleged to have committed the crime;

8.___: the defendant is found not guilty of the charge;

9.___: the accused comes to court to face charges;

10.___: the police carry out a detailed enquiry into the alleged crime;

11.___: after being found guilty, the accused brings an action to clear his/her name or to reduce the sentence;

12.___: the police arrest the person who is alleged to have committed the crime;

13.___: the police detain the person alleged to have committed the crime;

14.___: the judge makes a judicial decision;

15.___: the police collect evidence against the accused from those who can give evidence;

16.___: the defendant is found guilty.

Exercise 6. With a partner act out the roles below based on Task 4. Then, switch roles.

USE LANGUAGE SUCH AS:

Your Honour, I don’t believe that … He believes that …

My client is only …

Student A: You are a counsel for the defence. You see a problem with a juror. Talk to Student B about:

•the juror;

•a question and answer;

•your client.

Student B: You are a judge. Talk to Student A about a juror and make a decision.

TEXT C. Trial by Jury in Britain

Read and translate the text. Make up the summary of the text in writing.

Trial by jury is an ancient and important feature of English justice. Although it has declined in civil cases (except for libel and

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