Victim is wholly innocent and the defendant even only little to

blame, then the defendant should shoulder the liability.

Now let us look at some examples of the criminal law. This is

the law by which the state regulates the conduct of its citizens.

Criminal offences range from the petty (e.g. parking offences) to

the very serious (e.g. murder). Look at the following situation. You

are driving your car at 70 m.p.h. (112 kilometers per hour) in an

area, which has a speed limit of 40 m.p.h. You are stopped by a police

officer and subsequently a case is brought against you for dangerous

driving. This is a criminal offence. The parties to the action

will therefore be the state (in the form of prosecuting authority)

and you (an individual).

Although the division between the civil and criminal law is

clear, there are many actions, which will constitute a criminal offence

and a civil wrong. For example, you are driving your car too

fast. Suppose that while you were doing this you knocked over and

Injured an elderly man. You will have committed a criminal offence

(dangerous driving) and a civil wrong (negligence). The legal

consequences under the criminal and civil law will be different.

You would be prosecuted by the state in the criminal courts for

dangerous driving and sued by the elderly man in the civil courts

for negligence. The two actions will be totally separate.

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The law of contract and the criminal law are two areas of substantive

law. «Substantive law lays down people's rights, duties,

liberties and powers». By this is meant the actual content or substance

of the law. These are the rules on which the courts base their

decisions.

Procedural law is also a set of rules. Rules of procedure are the

rules, which govern such matters as how the case is to be presented,

In what court it shall lie, or when it is to be tried. Procedural rules

are, in other words, the rules, which govern the machinery as opposed

to the subject-matter. It is a striking fact that in the earlier

stages of legal development these rules assume paramount importance:

form is better understood than substance, and formal requirements,

rather than abstract principles, usually determined

legal rights. However, the rules of procedure are now more flexible

than once they were.

Упражнение 1. Прочитайте определения юридических терминов. Дайте

русские эквиваленты выделенным словам и словосочетаниям. Переведите

предложения.

1. The person charged with the criminal offence is the defendant.

2. A criminal case is brought by a prosecutor. 3. A successful

criminal prosecution will result in a conviction. 4. The word

«guilty» is used primarily of criminals. The corresponding word in

civil cases is «liable», but this word is also used in criminal contexts.

5. The party bringing a civil action is the plaintiff. 6. The

party is one of the persons or sides in a legal agreement or dispute.

7. The defendant in a civil case is sued by the plaintiff. 8. If the

plaintiff is successful, the defendant will be found liable. 9. The distinction

between crimes and civil wrongs relates to the legal consequences.

10. A court order not to do something is an injunction.

11. Judgment is the decision of a judge or court. 12. Procedure is

the regular order of doing legal things. 13. A proceeding is a course

of action. 14. Damages are money given as legal compensation.

15. To sue is to take legal action against someone in a civil case.

Упражнение 2. Заполните пропуски следующими словами:

judgment prosecutor conviction plaintiff sues prosecution

punishment injunction punished

1. In criminal proceedings a (1) ... prosecutes a defendant.

2. The result of the (2) ... if successful is a (3) ... 3. And the defendant

may be (4)... by one of a variety of punishments ranging from

411

life imprisonment to a fine or else may be released or discharged

without (5) ... 4. In civil proceedings a plaintiff (6) ... (e.g. brings

an action against) a defendant. 5. The proceedings if successful result

in judgment for the plaintiff, and the (7) ... may order the defendant

to pay the (8)... money, or transfer property to him, or to

do or not to do something [(9) ...], or to perform a contract.

Упражненше 3, Заполните пропуски, разместив следующие слова и словосочетания

в соответствующую колонку:

crime, life imprisonment, to convict, civil wrong, guilty, plaintiff, defendant, to liable, to punish, prosecution, conviction, judgment for the plaintiff, prosecutor, punishment

Civil Criminal

Упражнение 4, Составьте словосочетания глаголов из колонки А и существительных

из колонки В.

А

1. bring

2. conduct

3. investigate

4. commit/charge with

5. punish

6. determine

7. give/hear

8. take/start

В

a. the prosecution

b. a criminal

с blame/right

d. the evidence

e. a case/an action/a prosecution

f. legal proceedings

g. a case/a crime

h. an offence

Упражнение 5. Подберите к словам из колонки А синонимы или близкие

по значению слова и словосочетания из колонки В.

А

1. liable

2. damage

3. tort

4. code

5. legal

6. distinction

7. neglect

8. negligence

9. breach

10. paramount

11. petty

В

a. most important/ greatest

b. take the responsibility for

с allowed by law

d. behaviour (moral)

e. pay no attention to/ fail to do smth.

f. carelessness

g. for this reason

h. civil wrong/ not (generally) a crime

i. money paid in compensation

j. difference

k. responsible for

412

12. crime

13. hence

14. conduct

15. shoulder

16. apportion

1.

m.

n.

0.

p.

a system of laws

breaking (an agreement/ duty)

offence

divide/ distribute

small

Упражнение 6. Заполните пропуски антонимами.

petty

unjust

legal

misconduct

case law ...

discharge

carefulness ...

written

injustice

national

unlawftil

based on precedent ...

release from prison

fair

Упражнение 7. Заполните таблицу на словообразование.

Verb

neglect

separate

justify

constitute

Noun

...

legalization

...

...

Adjective

prosecutive

...

punishable

blameless

Упражнение 8. A. Назовите 20'-25 ключевы[х слов и словосочетаний на

тему «Branches of the law».

В. Speak about:

Distinctions between the criminal law and the civil law. Give

your own examples of both of them.

Text 4

Какие судебные институты исполняют закон? Прочитайте и переведите

текст.

Judicial Institutions (Courts)