English_for_Lawyers_2011

Unit 1. Law of Crimes. Section 1. The nature of Criminal Law

2.Arrange the letters in the following legal terms; then match these terms with their definitions:

3. Choose and read the word that best completes the sentence.

1)Criminal / Civil law is the branch of law that defines crimes, treats of their nature, and provides for their probation / punishment.

2)A Criminal Code / Execution is a compilation of government laws that outline a nation's laws regarding criminal offenses, and the maximum and minimum punishments that courts can suit / impose upon offenders when such crimes are committed (for example: vandalism, retail theft, theft of property etc.).

3)A tort / crime is a civil wrong committed against an individual; a tort / crime, on the other hand, is regarded as an offense committed against the public, even though only one individual may have been wronged.

4)It'll be some weeks before your offence / case comes to trial.

5)A penalty / supervision is a legal or official punishment for committing a crime or other offense, e.g. a fine or imprisonment.

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4. Complete the text with the words from the box.

The first written ____________________of law were produced by the Sumerians around 2100-2050 BC. Another important early code was the Code Hammurabi, which formed the core of Babylonian _______________. Neither set of laws separated __________________ codes and civil laws.

Law of the Twelve Tables, earliest code of ____________ law, was formalized in 451-450 bc from existing oral law by ten magistrates and inscribed on tablets of bronze or wood, which were posted in the principal Roman Forum. The Twelve Tables covered all categories of the law and also included specific __________________ for various ____________________. This code conflated the ____________________ and criminal aspects, e.g. treating ___________________ as a tort.

The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of penalty, at least concerning Europe, arose in Spanish Late Scholasticism, when the theological notion of God's penalty became transfused into canon law first and, finally, to secular criminal law.

The development of the state provided justice emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for _____________, which allowed for its development as a recognized entity.

5. Give the English equivalents for the following word combinations:

Кримінальне право, кримінальний кодекс, злочин, правопорушення, покарання, призначати покарання, загрожуючи покаранням, запобігати злочину, тілесні ушкодження, забороняти, втрата свободи, нагляд, умовне покарання,типовізлочини,призвестидошкідливихнаслідків,бутисхильним до чогось, бути ув’язненим, порушення громадського порядку.

6. Translate into English:

Згідно зі ст. 3 КК України законодавство України про кримінальну відповідальність становить кримінальний кодекс України. Цей письмовий нормативно-правовий акт приймається Верховною Радою України або всеукраїнським референдумом, який визначає, які суспільно небезпечні діяння є злочинами і які покарання застосовуються до осіб, що їх вчинили.

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Unit 1. Law of Crimes. Section 1. The nature of Criminal Law

IV. GRAMMAR FOCUS

1.Point out sentences with Passive Voice in the text and explain their use.

2.Transform the sentences in Active Voice into the sentences in Passive Voice according to the model:

Model: The government typically enforce the criminal law. The criminal law is typically enforced by the government.

1)Private parties usually enforce the civil law.

2)Criminal punishment may include execution, loss of liberty, government supervision (parole or probation), or fines.

3)They classify this act as a crime.

4)In a criminal case the state initiates the suit.

5)In a civil case the victim brings the suit.

6)They may incarcerate persons convicted of a crime.

V. SPEAKING

1. A. Read the questions and discuss them in groups.

Q 1: What is the difference between criminal and civil law? Q 2: Can an event be both a criminal and civil offence?

Q 3: Can being present at the scene of a crime make you guilty? Q 4: What is the definition of "criminal trespass?"

Q 5: What exactly is the felony murder law?

Q 6: What exactly does the term "eluding a police officer" mean?

Q 7: I was the victim of a hit and run. I located the offending vehicle and owner. What should I do to pursue this?

Q 8: I was involved in a hit and run accident but left the scene. Do I need an attorney to go to court with me?

B. Match the questions from part A with the answers (ATTENTION: the answers are given from the point of view of American legislation).

A: Felony murder means that all persons engaged in a felony are liable for murder if one of them kills a person during the crime.

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Part IV. Criminal Law and Criminal Proceedings

The precise definition of felony murder varies from state to state. Generally, someone is liable for murder if, during the course of committing a serious felony with another person, someone other than one of the participants is killed.

A "serious felony" is one like arson, robbery, burglary, kidnapping, or rape.

In some states, it's a defense to felony murder if the defendant was unarmed and had no reason to believe that any of his co-conspirators was either armed or intended to engage in any conduct dangerous to life.

A: Civil law is concerned with relationships between individuals and is addressed in civil court. Criminal law pertains to the relationship between an individual and the state. Cases that are prosecuted are heard in criminal court.

A: Leaving the scene of an accident (hit and run) is a serious offense. In many states, it carries enough points to result in a revocation of your driving privileges. It also carries a possible fine and jail sentence. So, you should seek legal advice right away. A criminal defense attorney in your town can tell you what action is best to take, and whether you should have an attorney accompany you to court to speak for you and attempt a favorable resolution of the case for you.

A: If you're the victim of a hit and run accident, you should immediately report the accident to the police, and advise them that the driver left the scene without providing you with identification and insurance information. Ask the police to fill out a report. The report will likely be assigned a case number either immediately or within a few days.

You should also call the claims department of your insurance company as soon as possible.

A: Yes. Depending on the circumstances, a single event may be tried in both courts. This is not considered double jeopardy.

A: In most states, juries are instructed that merely being present at the scene of a crime, even with guilty knowledge that a crime is being committed, isn't enough to convict a person of a crime. But there are principles of criminal liability that apply to people other than the actual

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Unit 1. Law of Crimes. Section 1. The nature of Criminal Law

perpetrator of a crime. For example, under federal law there is a crime called "misprision" of a felony, which applies to a person who has actual knowledge of the commission of a felony and doesn't report it to the authorities.

A: While the precise definition can vary from state to state, a person commits the crime of "criminal trespass" when she enters or remains on another's property without the owner's consent. You may have a defense against criminal trespass if the property was open to the public, or your conduct didn't substantially interfere with the owner's use of the property, or you immediately left the premises when requested.

A: Fleeing or eluding police occurs when a police officer gives you a visual or audible signal to stop, whether by hand, voice, emergency light or siren, and you don't obey.

It's unlawful for a person who's either driving or in a vehicle, or not to disobey an officer's order to stop, by fleeing on foot or by any other means.

2.The criminal justice process typically begins when a police officer places a person under arrest. Discuss the following questions concerning the arrest:

1.When is a person considered to be arrested?

2.Is the use of physical restraint or handcuffs always necessary? Give the examples.

3.In which of the following circumstances can a police officer arrest a person?

– The police officer personally observes a crime

– The police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime.

– The police officer suspects but is not sure that a person has committed or is about to commit a crime.

– A police officer receives a report of an armed robbery that has just occurred at a liquor store, then sees a man who matches the suspect's exact description running down the street near the store.

– An arrest warrant has been issued.

– The police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime, but he hasn’t obtained a valid warrant to arrest this person.

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Part IV. Criminal Law and Criminal Proceedings

Unit 1. Law of Crimes

Section 2. Criminal Law of the UK

and the USA

I. LEAD-IN

1.Read and comment the quotation by John Selden (1584–1654), English historian, jurist, and politician: “Ignorance of the law excuses no man; not that all men know the law, but because it is an excuse every man will plead, and no man can tell how to confute him”.

2.Match the following English words and expressions with their Ukrainian equivalents:

3.How many syllables are there in the following words? Which of the syllables is stressed in each of them?

Administered, hierarchically, magistrates, procedurally, offences, indictable, indictment, considerably, separate, requirement

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Unit 1. Law of Crimes. Section 2. Criminal Law of the UK and the USA

TEXT 2

4. Read the text and tell:

–what information is new for you;

–what you have already known about criminal law of England and the USA.

Criminal Law of England and the USA

Criminal law in England derives from a number of diverse sources. The definitions of the different acts that constitute criminal offences can be found in the common law (murder, manslaughter, conspiracy to defraud) as well as in thousands of independent and disparate statutes and more recently from supranational legal regimes such as the EU. As the law lacks the criminal codes that have been instituted in the United States and civil law jurisdictions, there is no unifying factor to how crimes are defined, although there have been calls from the Law Commission for the situation to be remedied. Criminal trials are administered hierarchically, from magistrates' courts, through the Crown Courts and up to the High Court. Appeals are then made to the Court of Appeal and finally the House of Lords on matters of law.

Procedurally, offences are classified as indictable and summary offences; summary offences may be tried before a magistrate without a jury, while indictable offences are tried in a crown court before a jury. The distinction between the two is broadly between that of minor and serious offences. In common law crimes are classified as either treason, felony or misdemeanor.

The way in which the criminal law is defined and understood in England is less exact than in the United States as there have been few official articulations on the subject. The body of criminal law is considerably more disorganised, thus finding any common thread to the law is very difficult. A consolidated English Criminal Code was drafted by the Law Commission in 1989 but, though codification has been debated since 1818, as of 2007 has not been implemented. Scotland has a completely separate legal system.

In the United States, criminal prosecutions typically are initiated by complaint issued by a judge, or by indictment issued by a grand jury. As to felonies in Federal court, the Fifth Amendment to the United States

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Part IV. Criminal Law and Criminal Proceedings

Constitution requires indictment. The Federal requirement does not apply to the states, which have a diversity of practices. Three states (Connecticut, Pennsylvania, and Washington) and the District of Columbia do not use grand jury indictments at all. The Sixth Amendment guarantees a criminal defendant the right to a speedy and public trial, in both state and Federal courts, by an impartial jury of the State and district wherein the crime was committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Counsel for his defense. The interests of the state are represented by a prosecuting attorney. The defendant may defend himself pro se, and may act as his own attorney, if desired.

IІ. DEVELOPMENT

1. In the text find the words (sentences) …

a)comparing the way in which the criminal law is defined in England and the USA;

b)describing classifications of crimes/offences in England;

c)characterizing the initiation of criminal prosecutions in the

USA.

2.Use the information from the text to divide the sentences into

two groups: those relating to the criminal law of England, and those relating to the criminal law of the USA.

1)The law lacks the criminal codes.

2)The criminal codes have been instituted.

3)The defendant may defend himself pro se, and may act as his own attorney, if desired.

4)Offences are classified as indictable and summary offences.

5)The criminal law is not strictly defined and is rather disorganised.

6)Criminal prosecutions are initiated by complaint issued by a judge, or by indictment issued by a grand jury.

7)Different states have a diversity of practices.

8)The Sixth Amendment guarantees a criminal defendant the right to a speedy and public trial

9)The interests of the state are represented by a prosecuting attorney.

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Unit 1. Law of Crimes. Section 2. Criminal Law of the UK and the USA

10)There is no common idea to how crimes are defined

11)Criminal trials are administered by magistrates' courts, Crown Courts, High Court and the Court of Appeal.

1,

3. In the text find the related word to the following verbs:

to indict, to offend, to conspire, to try, to accuse, to defend, to codify.

4. Translate into English

Особи, які вчинили злочин на території України, підлягають відповідальності згідно з чинним Кодексом.

Питання про кримінальну відповідальність дипломатичних представників іноземних держав та інших громадян, які за законами України і міжнародними договорами, згода на обов'язковість яких надана Верховною Радою України, не є підсудні у кримінальних справах судам України, в разі вчинення ними злочину на території України вирішується дипломатичним шляхом.

Громадяни України, які вчинили злочин за межами України, підлягають кримінальній відповідальності згідно з чинним Кримінальним Кодексом, якщо інше не передбачене міжнародними договорами України, згода на обов᾽язковість яких надана Верховною Радою України.

III.PRACTICE AND EXPERIENCE

1.Howgoodareyouatdetectivework?Belowtherearetwoconversations. They include 6 colloquial speech words. The synonyms for these words you can find in the box. Read the conversation and use the context to match the words with their synonyms.

1)A defense lawyer

2)An informer

3)In prison

4)to arrest

5)To rob using weapons

6)To inform the police

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Part IV. Criminal Law and Criminal Proceedings

Dialogue 1.

−Have you heard about Henry?

−No. What?

−He’s been nicked.

−You are joking. What happened?

−He was blagging a bank with his brother and somebody grassed on them.

−Who’s the nark?

−Who knows? Henry’s got a lot of enemies.

Dialogue 2.

−What did he get?

−Eight years.

−Eight years inside! You said he had a good brief.

−Well, he thought he did.

2.A. Below there are the quotations by famous people about law. Match the parts of the quotations and then try to guess who each of the quotations belong to. Then check your answers.

B. Which of the quotations do you agree with? Which of them can you argue? Motivate your point of view.

1)Law grinds the poor,

2)Law is a form of order and

3)Law is founded not on theory but

4)Laws, like houses,

5)Laws were made

6)Let all the laws be clear, uniform,

A.lean on one another.

B.and rich men rule the law.

C.to be broken.

D.good law must necessarily mean good order.

E.upon nature.

F.and precise

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