Text e subject matter of legal system criminal law versus* civil law

Laws differ not only in their origin, but also in their purpose. One way of classifying and understanding the law is by subject matter. Lawyers often divide the law and the legal system into two: criminal law and civil law.

One category is the criminal law – the law dealing with crime in which a case is called a prosecution. The case is instituted by the prosecutor, who takes over the case from the police. The defendant* (or accused) has already been charged with specified crimes. Criminal law spells out punishments of fines or imprisonments for violators.

The civil law is much more wide-ranging. It deals with issues not covered by criminal law, including marriage, divorce, business, civil rights and housing. The civil law also includes the law of contract* and family law and / or intellectual property law. In a civil case, the plaintiff*, normally a private individual or company, brings an action* to win compensation. If the case is proven, the defendant* normally pays the plaintiff damages* (money).

versus = vs. – проти, у порівнянні з

law of contract – договірне право

plaintiff – позивач

to bring an action – вчинити позов

defendant – відповідач

damages – збитки, відшкодування, компенсація за збитки

Exercise 15 Put the following terms into the appropriate group below. Two terms can appear in both groups.

compensation contract crime damages family law intellectual property plaintiff police private individual prosecution to bring an action to fine the defendant theft to bring a case the accused to charge someone with something

1. Criminal law – to charge someone with something,…

2. Civil law – plaintiff,…

Exercise 16 Match these bodies of law (1–3) with their definitions (a–c). Write down the translation of the definitions of every body of law.

1 Civil law a) area of the law which deals with crimes and their punishments, including fine and / or imprisonment (also penal law);

2 Common law b) 1) legal system developed from Roman codified* law, established by a state for its regulation; 2) area of the law concerned with non-criminal matters, rights and remedies*;

3 Criminal law c) legal system which is the foundation of the legal systems of most of the English-speaking countries of the world, based on customs and court decisions (also case law, judge-made law*).

codified – зведений в кодекс

remedies – відшкодування

case law / judge-made law – прецедентне право, право, яке засновано на судовій практиці

Final speaking task: speak on the difference between civil and common law. Which body of law, civil law or common law, is the basis of the legal system of our jurisdiction? Discuss with your partner what tradition of law has developed in our country. Why?

Exercise 17 There are several ways to refer to what a law says. 1) Read the following sentences and translate them.

The law stipulates that corporations must have three governing bodies. The law provides that a witness must be present. The patent law specifies that the subject matter must be “useful”.

These verbs can also be used to express what a law says:

The law states / sets forth / determines / lays down / prescribes that...