Discussion

1. Check your knowledge by defining whether the following statements are true of false. Justify your choice:

1. On the Continent the volume of written law tends to preponderate over the volume of unwritten.

2. More of Continental law derives from judicial precedents rather than from legislative enactment.

3. In common law systems sometimes governments make laws.

4. In England the ultimate legislator is the Crown.

5. Specific performance is forcing someone to pay damages for breaking a contract.

6. In codifying their legal systems, many countries looked to the previous similar cases.

7. In the European legal system the task of the courts is deductive.

8. In the English legal system a court which is inferior in authority to another court is not obliged to follow a court of superior authority.

9. In Roman-Germanic Law different branches of law are separated.

10. Legal acts of ministries and other governmental departments of the RB constitute secondary legislation.

2. Comment on the issues below using as many legal terms as possible:

1. Historical background of common law and continental law.

2. The main principles of common law and continental law systems.

3. The difference between civil and public law, their main categories.

4. Differences between criminal and civil procedures.

UNIT 3

Civil and public law

LIST OF WORDS

to sue	to go into court
to seek damages	to bring/start a criminal/civil action
to award damages	a trial
private nuisance	leave of court
wrong	to find guilty / innocent
tort	to administer property
trust	to prove one’s case
probate	legal remedy
defendant	to disobey court
prosecution	to pay a fine
standard of proof	to pursue a claim
execute	to be mistreated
plaintiff	public law
Magistrates Court	to accuse
Crown Court	to be liable
be liable	civil law
loser	criminal law
to avoid liability	to sentence
court ruling	to claim damages
suspect (n, v)	to be entitled
court procedure	disorderly behaviour
court of Appeal	to give evidence
court of cassation	the plaintiff
court of honour	the accused
court of last resort	the defendant
burlaw court	to charge smb with smth
hold for court	to commence / bring prosecution
open court	to suffer a loss
to commit to court	to impose duty

Ex. 1. Complete the missing forms. Make some sentences using the derivatives.

Noun	Verb	Adjective
dispute	—	—
—	administer	—
—	—	legal
benefit	—	—
—	inherit	—
proof	—	—
—	—	admissible
—	defend	—
penalty	—	—
—	—	compliable
—	suspect	—
—	—	disobedient
—	—	valid
—	prescribe	—
description	—	—
—	enforce	—
—	assume	—

Ex. 2. The English often use prefixes to create opposites. Choose the right prefixes — il-, im-, in-, ir-, un- — for each of the adjectives.

admissible, capable, competent, confirmed, correct, dependent, insured, just, lawful, legal, legitimate, moral, movable, perfect, professional, proper, reconcilable, recoverable, regular, reliable, sane, solvent, valid

Use twelve of the adjectives given above to complete these sentences.

1. Hearsay evidence — evidence which a witness has heard from another source — is ______ in a court of law.

2. Can you check these accounts? Some of the figures seem to be ______.

3. The witness was completely ______: she kept changing her story.

4. It is ______ for a lawyer to enter into personal relations with a client.

5. We returned the goods to the supplier because they were ______.

6. That's very interesting, but ______: can you please comment only on this case?

7. There are rumours of a takeover, but they are still ______.

8. It is ______ to sell tobacco without a licence.

9. He could not pay his debts and was declared ______.

10. This document is ______ without the signature of a witness.

11. The director of the company has left the country permanently and I'm afraid the debt is now ______.

12. At twenty one she left home and became ______.

Ex. 3. Look through the list of phrases in A and find their Russian equivalents in B.

A	B
1. court of Appeal	a) отдавать под суд
2. court of cassation	b) суд последней инстанции
3. court of honour	c) кассационный суд
4. court of last resort	d) законодательное собрание
5. court procedure	e) апелляционный суд
6. court ruling	f) открытое/открывать судебное заседание
7. burlaw court	g) суд чести
8. commit to court	h) соседский, “товарищеский” суд
9. constitutional court	i) судопроизводство
10. general court	j) конституционный суд
11. hold for court	k) разрешение суда
12. leave of court	l) гражданский суд
13. open court	m) подавать жалобу
14. go into court	n) предавать суду
15. civil court	o) постановление суда

Ex. 4. Read the short case study below and complete it by using some of the prepositions.

The plaintiffs owned a house next door ¹⁾ ______ the defendant’s factory. Sometimes black smoke from the factory chimneys would blow across the plaintiffs’ garden. The plaintiffs sued the owners of the factory complaining ²⁾ ______ damage caused ³⁾ ______ plants in their garden ⁴⁾ ______ the smoke and loss of enjoyment of their property. They sought damages and an injunction to prevent the defendants using their premises as a factory.

Held: the owners of the factory were liable ⁵⁾ ______ the plaintiffs ⁶⁾ ______ the tort of private nuisance. The plaintiffs were awarded damages ⁷⁾ ______ the loss of their plants and granted an injunction restricting the use of the defendants’ property. It was reasonable that the defendants should use their premises as a factory but not ⁸⁾ ______ a way which would cause nuisance ⁹⁾ ______ adjoining property. The injunction would apply until the defendants were able to control the smoke ¹⁰⁾ ______ their chimneys.

Find in the text the English equivalents for the following:

1. предъявлять иск, 2. требовать возмещения убытков, 3. возмещать убытки, 4. источник опасности или неудобства, 5. недвижимость, 6. судебный запрет.

Ex. 5. Below are some typical legal phrases. What preposition do you use with each of them?

1. to accuse ___ smth

2. to be liable ___ smb ___ smth

3. to sentence smb ___ a punishment

4. to claim damages ___ smth

5. to be entitled ___ compensation

6. to bring a case ___ smb

7. to be guilty ___ an offence

8. to fine smb ___ smth

Complete the short situations with the above phrases. Use each phrase once in the past tense. Write one word in each gap.

1. In Court 1, the Police prosecutor ______ Mary Phillips ______ disorderly behaviour. A number of witnesses were called to give evidence. Finally, the magistrate decided that Phillips ______ ______ ______ the charge but did not ______ her ______ prison. Instead, he ______ her ______ her behaviour.

2. In Court 2, John Peters ______ ______ ______ ______ his employer. He ______ ______ ______ a serious injury at work. The judge decided that his employer ______ ______ ______ the injury and ruled that Peters ______ ______ ______ substantial damages.

Ex. 6. Match the words in the box with their definitions and learn them.

tort, inheritance, victim, proof, prosecution, evidence, plaintiff, defendant, loser, liable

1. Someone who makes a legal complaint against someone else in court.

2. Money, a house etc. received from someone after they have died.

3. A person who is at a disadvantage as a result of what has happened.

4. Evidence that shows conclusively whether something is a fact or not.

5. A wrongful act, injury or damage (not involving a breach of contract), for which a civil action can be brought.

6. A person in a law case who is accused of having done something illegal.

7. Someone or something which has been hurt, damaged or killed, or has suffered, either because of the actions of someone or something else, or because of illness or chance.

8. Having (legal) responsibility for something or someone.

9. The conducting of a lawsuit or the party who institutes and carries on criminal proceedings in court.

10. Everything (objects, statements, documents) which helps to show how a crime happened.

Ex. 7. One way of classifying and understanding the law is by subject matter. Lawyers often divide the law within the Continental legal system into two: criminal law and civil law. Classify the following terms into the appropriate column below. Two terms can appear in both columns.

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

criminal law	civil law

Complete the following passage contrasting criminal and civil law by choosing from the above words/phrases. Make necessary changes:

One category is the criminal law — the law dealing with ¹⁾ ______. The case is instituted by the prosecutor, who takes over the case from the ²⁾ ______ who have already decided ³⁾ ______ the defendant (or ⁴⁾ ______) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of ⁵⁾ ______ and ⁶⁾ ______. In a civil case, the ⁷⁾ ______, normally a ⁸⁾ ______ or company, ⁹⁾ ______ to win ¹⁰⁾ ______. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ¹¹⁾ ______ (money).

Ex. 8. Choose a word or words from the list below to complete the following sentences. Use cognates, word families, and your dictionary to help you decide. Some words are used more than once.

offender, fine, assault, grievous, bodily harm, citizen, guilty, juvenile, punishment, actual bodily harm

1. The law can punish criminals in many different ways, but most people would agree that the worst ______ a court can give is the death sentence.

2. A person who commits a criminal offence is called a criminal, or ______.

3. If you attack another person illegally in Britain you will be tried for unlawful ______.

4. If you physically hurt or injure the person you attack, you will be tried for unlawful ______ occasioning (causing) ______.

5. If the injury you cause in the attack is very serious it is called ______.

6. At the beginning of his or her trial the accused person must state whether s/he has committed the offence or not: whether s/he is ______ or not ______.

7. To punish a minor offence the court may order the criminal to pay a sum of money called a ______.

8. Young people who are accused of crimes are tried by a special court called the ______ court.

9. Under the British Nationality Act 1981 a person may become a British ______ by being born in the UK to a parent who is British.

Ex.9. The suffixes -er and -or are often added to nouns or verbs to form related nouns (called ‘agent nouns’) which refer to the person or thing that does an action.

Examples:

Noun or verb	Agent noun	Meaning
offer advertise property	offeror advertiser proprietor	person who offers person, company, etc. who advertises person who owns property (also owner)

Give some more examples of agent nouns ending in -or and -er.

Complete the phrases by choosing the two people related to each topic from the list given below. Check that you understand the words in CAPITALS. Mind that the suffix -ee is added to nouns or verbs to form agent nouns which refer to the person or thing that is acted upon.

a) client	j) employee
b) injured party	k) solicitor
c) offeror	l) defendant
d) executor	m) testator
e) trustee	n) offeree
f) vendor	o) purchaser
g) beneficiary	p) employer
h) plaintiff	q) tortfeasor
i) landlord	r) tenant

(1) LEGAL ADVICE

A ______ is a lawyer who gives legal advice to his or her ______ and may sometimes represent them in court.

(2) WILL

The ______ is the person appointed to ‘execute’ the will, that is to give effect to the wishes expressed in the will by the ______.

(3) TORT

A ______ is a person who commits a civil wrong, called a tort, which causes damage or injury to the ______.

(4) SALE

The ______ sells an article or product to the buyer, or ______, who buys, or ‘purchases’ it.

(5) TRUST (repeat each word twice)

A ______ is the legal owner of property which s/he holds in trust for the benefit of the ______. Under rules of Equity, the ______ must act in the interests of the ______, according to the terms of the trust.

(6) CONTRACT

In English law a contract is formed when the ______ accepts the offer which the ______ has made.

(7) EMPLOYMENT

A contract of employment creates a special legal relationship in which the two parties have certain rights and duties. For example, the ______ has the duty to make sure that the ______’s place of work is safe.

(8) LEASE OF LAND

The ______ is the person who owns land which the ______ uses (e.g. as a dwelling or place of work), and for which s/he pays a sum of money called rent.

(9) CIVIL ACTION

In a civil case, the party who takes legal action against the ______ (for example for a tort, or breach of contract) is called the ______.

Ex.10. A person may be found liable for the breach of contractual relations (e.g. business liability, products liability, parents’ liability). In a criminal case the defendant may be found guilty or not guilty (innocent).

What is wrong in the following situation and why?

Bob was charged with murder and is sued in the county court. The plaintiff is successful in the action and Bob is found liable. He is punished by being ordered to pay the plaintiff 100,000 pounds in damages.

Ex. 11. Revise some of the key vocabulary relating to criminal and civil proceedings and complete the following sentences:

1. In criminal proceedings a ______ prosecutes a ______. If the latter is guilty, he or she will be ______ and may be punished.

2. In civil proceedings a ______ sues a ______. If the latter is found ______ he or she will have to pay ______.

Before you start reading the text learn the definitions.

Public law is the part of the law which deals with the State and also with relations between the State and individuals in circumstances where the State has special rights or powers.

Private law is the part of the law which deals with relations between individuals, and also between individuals and the State in circumstances where the State has no special rights or powers (English law).

Civil law is Roman law or a legal system based on Roman law as distinct from the English system of common law; private law in the Codified legal system as opposed to Criminal law and Administrative law.

TEXT 1