Civil proceedings
Civil suits involve such noncriminal matters as contracts, family relationships, and accidental injuries. In most civil cases, an individual or organization sues another individual or organization. Civil proceedings are started by the aggrieved person. Actions in the court usually begin by a writ served on the defendant by the plaintiff, stating the nature of the claim, or by a summons served on the defendant by the court. It directs the defendant to appear in court on a certain date. The defendant then files a document called an answer. The answer contains the defendant's version of the facts of the case and asks the court to dismiss the suit. The defendant also may file a counterclaim against the plaintiff.
In most cases, the complaint and the answer are the first of a series of documents called the pleadings. In the pleadings, the plaintiff and defendant state their own claims and challenge the claims of their opponents. In order to encourage parties to confine the issues in dispute, the courts have the power to order pre-trial exchange of witness statements. Courts may impose penalties in costs on parties who unreasonably refuse to admit facts or to disclose documents before trial.
Civil proceedings, as a private matter, can usually be abandoned or ended by settlement between the parties at any time. In the great majority of cases, parties to a dispute settle their differences through their solicitors before the trial stage is reached. Actions brought to court are usually tried without a jury, except for some types of offences where either party may apply for a trial with jury.
Most civil decisions do not involve a prison sentence, though the party at fault may be ordered to pay damages.
The legal system of the uk English Law - Quiz
Ex. 53 Here is a quiz on some points of law – English style. The answers may be different in Ukraine.
A. Working in pairs answer Yes or No to each of the questions. The answers according to English law will be given.
Is it a crime to try and kill yourself?
Is it illegal to help somebody commit suicide?
Can you be executed for murdering a policeman?
If, after a murder, all the victim’s relatives plead: “Please, don’t prosecute!”, can charges against the suspected culprit be dropped?
If two armed thieves break into a house, guns in hand, and one of them shoots and kills the house-owner, is his accomplice guilty of murder?
If I find an intruder in my lounge at night stealing my millions, have I a legal right to assault him with a weapon?
If I set a trap – a fifty-kilo weight just above the front door – for any burglars who might try and enter the house, am I breaking the law?
After a divorce or legal separation can a wife be required to pay alimony to her ex-husband?
If I promise to marry my girlfriend and then change my mind shortly before the wedding, can she take me to court?
If you said to your teacher in the middle of one of his lessons: “You don’t know the first thing about teaching!” could he bring a civil action against you?
Would I be in danger of committing an offence if I put an advertisement for my school in the paper saying: “Male white teacher required”?
If, as a defendant, I am not satisfied with the way my barrister has handled my defence, can I sue him?
If you were in my house – uninvited – and the ceiling, which had had a large crack in it for some time, caved in and broke your leg, would it be a good idea to consult your solicitor?
Can a person suspected of and charged with rape be allowed bail?
B. Work with a partner to discuss the following questions and choose answers.
What is the age of criminal responsibility in England and Wales (ie the age at which a person can be charged with a criminal offence)?
a 8 years old b 10 years old c 12 years old d 14 years old
The criminal statistics of England and Wales distinguish between indictable and non-indictable offences, which correspond approximately to serious and less serious crimes. Non-indictable crimes are tried only at the level of magistrates' courts, while indictable offences may be tried by jury in a higher court.
What is the most common type of indictable offence recorded by the police?
a Car crime d Violent crime
b Other theft e Fraud and forgery
c Burglary f Criminal damage
At what age is a person most likely to be found guilty of or cautioned for an indictable offence?
a 14 and under 17 b 17 and under 21 c 21 and over
Which one of the following crimes known to the police in England and Wales involves the greatest total value of property stolen?
a Burglary d Theft of motor vehicles
b Theft from another person e Shop-lifting
c Theft by an employee
Who among the following is least likely to kill you?
a A friend or acquaintance b A present or former spouse or lover
c Another member of your family d A stranger
If you commit a murder, which of the following methods are you most likely to use?
e
a Shooting b Hitting or kicking c Sharp instrument d Strangulation e Other
What is the average age of judges in England and Wales?
a 50 b 60 c 70
What is the most frequently used punishment for indictable offences?
a Probation b Prison c Fine
How likely is a man over 21 to be found guilty of an indictable offence than a woman over 21?
a As likely b Twice as likely c More than four times as likely
True or false?
More women than men are found guilty of shoplifting.
C Check your answers. Are there any answers that surprise you? What are the laws concerning these matters in Ukraine?
Ex. 54 Study the chart and describe the legal system of the United Kingdom:
Ex. 55 Translate the following text into Russian: