5. Still and other time adverbs

‘However, if there is a private prosecution, the State still has the right to intervene and take over the matter.’

Adverbs of time say when something happens. Examples: already, soon, still, just and etc. Still is used to say that something is in the present, not in the past.

Already, still, soon , and just usually go in ‘mid-position’.

Exercise 5. Insert the given adverbs in their correct place.

a. We’ ll be home (soon).

b. I trust you. (still)

c. She’s had her hair cut. (just)

d. He’s got the insurance money. (already)

e. Is it snowing? (still)

f. We’ve been debating for hours, but we can’t decide (still)

g. You’re not seeing that Jackson boy, are you? (still)

h. Abortion was legalized in 1967, yet many people believe it is morally wrong. (still)

i. These tests exist today and are used on the rare occasions that a claim to a right comes before the courts because of a local custom.’ (still)

j. ‘Since there were (or are) exceptions to the general common law, the judges, from the earliest times, established a series of rigorous tests or hurdles that had to be passed before they recognized any local custom. (still).

Comprehension check

Exercise 1. Answer the following questions.

a. What is the nature of law?

b. What motives do governments have in making and enforcing laws?

c.. What is classification by types of law?

d. What is the most important distinction between international and national law?

e. What is the key difference between public law and private law?

f. What types of law can public law be divided into?

g. What types of law can private law be divided into?

Exercise 2. Do you agree or disagree with the following statement?

It is not easy to give a simple one - sentence definition of law.

Exercise 3. Explain and extend the following definitions of law.

a. John Austin, writing in the early nineteenth century, defined law as being a command issued from a superior (the State) to an inferior (the individual) enforced by sanctions.

b. Sir John Salmond defined law as being ‘the body of principles recognized and applied by the state in the administration of justice’.

Which definition, in your opinion, is probably the nearest that one can get to a workable ‘one sentence’.

Discuss

a. What is law in general terms?

b. Why is law described as a formal mechanism for controlling society?

Decide which of the following situations comes under the law of contract and which comes under the law of tort:

• A man who bought a new car on hire-purchase has failed to pay the instalments due to the hire-purchase company.

• A man complains that a newspaper has written an untrue article about him, which has affected his reputation.

2.3 Distinctions between criminal cases and civil cases

So, as legal systems develop, the different rules tend to fall into two main categories, criminal law and civil law, and the objectives of each, although closely connected, are different. Criminal law is concerned with conduct of which the state disapproves so strongly that it will punish the wrongdoer. It is felt that society cannot work if people are allowed to take the property of others at will; therefore theft is forbidden and thieves are punished to deter them, and others of a like mind, from repeating this conduct. It is not the objective of criminal law to compensate the victim, except perhaps incidentally.

Civil law has a complementary function. If a dispute arises between two individuals, each believing himself to be in the right, a quarrel may ensue and violence or other criminal conduct may result. To prevent this, rules of civil law were developed in order to determine which of the two parties was in the right. The party in the wrong was then obliged to make redress by compensating the other for any loss the wrongdoer might have caused. The object of the civil law therefore is to resolve disputes and give a remedy to the persons wronged, not to punish wrongdoers.

There are some other differences between criminal cases and civil cases. Professor Jacqueline Martin gives four distinctions between criminal cases and civil cases. These are:

• The cases take place in different courts. In general, criminal cases will be tried in either the Magistrates’ Court or the Crown Court, while civil cases are heard in the High Court or the County Court.

• The person starting the case is given a different name: in criminal cases they are referred to as the prosecutor, while in civil cases they are the claimant (pre-1999, the plaintiff). As already stated, the criminal case is taken on behalf of the State and there is a Crown Prosecution Service responsible for conducting cases.

• The terminology used is different. A defendant in a criminal case is found guilty or not guilty (an alternative way of putting it is to say the defendant is convicted or acquitted), whereas a defendant in a civil case is found liable or not liable. At the end of a criminal case those who are found guilty of breaking the law may be punished, while at the end of a civil case anyone found liable will be ordered to put right the matter as far as possible. This is usually done by an award of money in compensation, known as damages, though the court can make other orders such as an injunction to prevent similar actions in the future, or an order for specific performance where the defendant who broke a contract is ordered to complete that contract.

• The standard of proof is different. Criminal cases must be proved ‘beyond reasonable doubt’. This is a very high standard of proof, and is necessary since a conviction could result in a defendant serving a long prison sentence. Civil cases have only to be proved ‘on the balance of probabilities’, a lower standard in which the judge decides who is most likely to be right. This difference in the standard to which a case has to be proved means that even though a defendant in a criminal case has been acquitted, a civil case based on the same facts against that defendant can still be successful. Such situations are not very common.

It is important to note that the same series of events may sometimes give rise to both criminal and civil proceedings. For instance, it is common for a civil action to follow a successful criminal case, especially in road accident cases. A defendant may be found guilty of a driving offence, such as going through a red traffic light or driving without due care and attention; this is a criminal case. Anyone who was injured or had property damaged as a result of the incident could bring a civil action to claim compensation. The fact that the defendant had already been convicted of a driving offence will make it easier to prove the civil case.

WORDS AND PHRASES YOU NEED TO KNOW

1. party (one of the people or groups who are involved in a legal agreement)

2. prosecutor n (public official who prepares and conducts the prosecution of persons accused of crime)

3. plaintiff n (the one who initially brings a civil suit in a court of law)

4. convict v (find a person guilty of a criminal offence upon a criminal trial)

conviction n

5. liable adj ( of a person subject to or likely to incur a fine, penalty, etc)

6. damages n (monetary compensation) award damages

7. injunction n (a court order commanding or preventing an order)

8. performance n (execution)

9. reasonable doubt n (the doubt that prevents one from being firmly convinced of a defendant’s guilt, or the belief that there is a real possibility that a defendant is not guilty)

beyond reasonable doubt (the standard used by a jury to determine weather a criminal defendant is guilty)

10. proof n (evidence that tends to establish the existence of a fact in issue) standard of proof n prove v

11. sentence n (a punishment that a judge gives to someone who is guilty of a crime) serve a sentence v (spend time in prison)

12. balance of probability (this is the burden of proof in a civil trial, in which the jury is instructed to find for the party that, on the whole, has the stronger evidence, however slight the edge may be. Cf. clear and convincing evidence)

13. bring a civil action (suit); sue (for)

14. claim n (the assertion of a right to money or property)

claim v.

Reading notes:

1. the Magistrates’ Court (a court with limited jurisdiction over minor criminal and civil matters)

2. the Crown Court (an English court having jurisdiction over major criminal cases)

3. the County Court (an English court with powers and jurisdiction dictated by a state constitution or stature and jurisdiction over civil cases)

4. the High Court of Justice (the lower branch of the Supreme Court of England)

Exercise 1. Read the following sentences, notice carefully the active words in bold, and translate the sentences into Russian.

Party

1. Are you a party to the agreement?

2. He sees himself as the innocent party in this dispute.

3. To prevent this, rules of civil law were developed in order to determine which of the two parties was in the right. The party in the wrong was then obliged to make redress by compensating the other for any loss the wrongdoer might have caused.

Prosecutor

1. The prosecutor makes a closing speech to the jury pointing out the strengths of the prosecution case.

2. A prosecutor is a lawyer who is trying to prove in a court of law that someone is guilty of a crime.

3. The person starting the case in criminal cases is referred to as the prosecutor.

Plaintiff

1. Civil cases can be brought by individuals, companies, and organizations. The individual bringing the action is referred to as plaintiff.

2. Plaintiff is the older term for claimant.

3. The person starting the case is given a different name: in criminal cases they are referred to as the prosecutor, while in civil cases they are the claimant (pre-1999, the plaintiff).

Convict/conviction

1. The Criminal Appeal Act 1995 states that the Court of Appeal ‘shall allow an appeal against conviction if they think that the conviction is unsafe; and dismiss such an appeal in any other case.

2. Anyone convicted of a criminal offence must appear first before a magistrates’ court.

3. A defendant in a criminal case is found guilty or not guilty (an alternative way of putting it is to say the defendant is convicted or acquitted.

Liable

1. People who walk on the grass are found liable to a fine of 5 pounds.

2. A defendant in a civil case is found liable or not liable.

3. At the end of a criminal case those who are found guilty of breaking the law may be punished, while at the end of a civil case anyone found liable will be ordered to put right the matter as far as possible.

Damages

1.The main remedy awarded by the courts is an order that an amount of money be paid to the claimant. This is called an award of damages.

2. Special damages is the term for damages which can be calculated specifically.

3. This is usually done by an award of money in compensation, known as damages, though the court can make other orders such as an injunction to prevent similar actions in the future, or an order for specific performance where the defendant who broke a contract is ordered to complete that contract.

Sue/bring a civil action

1. An employer has a duty to pay wages to the employee, while the employee has the right to sue for any wages which are owed.

2. There is a contract between a solicitor and client. So, if there is a breach of contract, the client has the right to sue the solicitor.

3. Anyone who was injured or had property damaged as a result of the incident could bring a civil action to claim compensation.

Sentence

1. The Criminal Justice Act 2003 (CJA) has provisions for a new community order which will allow the court to impose a variety of requirements such as supervision, unpaid work, curfew and treatment requirements. It will also be possible to add suitable requirements to a suspended sentence.

2. CJA will also provide a new sentence of ‘custody plus’ combining a custodial sentence with various requirements in the community in the period after release from prison.

3. This is a very high standard of proof, and is necessary since a conviction could result in a defendant serving a long prison sentence.

Proof/prove

1. The standard of proof is different.

2. Criminal cases must be proved ‘beyond reasonable doubt’.

3. This is a very high standard of proof.

Reasonable doubt

1. In deciding whether guilt has been proved beyond reasonable doubt, the jury must begin with the presumption that the defendant is innocent.

2. The words ‘reasonable doubt’ are used in instructions to the jury in a criminal trial to indicate that innocence is to be presumed unless the jury can see no reasonable doubt of the guilt of the person charged.

3. The term does not require that proof be so clear that no possibility of error exists; it means that the evidence must be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

Claim

1. An employer has a duty to provide a safe system of work for all employees, while an employee has the right to claim compensation if he is injured because the employer has broken this duty.

2. When the defendant receives the claim form there are several routes which can be taken.

3. Claimant is someone who claims something, especially money from the government, a court etc because they think they have a right to it.

Exercise 2. Fill the spaces in the following sentences with a suitable expression from Exercise 1

a. Is it justice to avoid … to someone who was injured while carrying out criminal activities?

b. She … him for libel, and the court ordered him to pay her … of 1500 pounds.

c. Should a criminal be able to use the legal rules to … for injuries caused by another person?

d. The court awarded her 1500 pounds in ….

5. A civil action in either the County court or the High Court is usually started by the …’s serving a document on the defendant, which tells the defendant what the claim is.

6. If something is … beyond … …, it is shown to be almost certainly true.

7. It is possible for a client … both solicitors and barristers for negligence.

8. The Court of Appeal can allow a defendant’s appeal and quash the ….

9. Anyone found trespassing … … … a maximum fine of 100 dollars.

10. … … are intended to punish the defendant, not merely compensate the claimant. … … are very rarely awarded.

11. CJA has created an intermittent custody order under which an offender served his … at weekends or overnight.

l. Civil cases have only to be … ‘on the balance of probabilities’, a lower standard in which the judge decides who is most likely to be right.

m. The judge helped the … to reach the agreement.

Exercise 3. Find in the text English equivalents for the following Russian words and expressions.

сторона по договору, обвинитель, истец, разумное сомнение, вне всяких обоснованных сомнений, подать иск, требования, компенсация за убытки, решение суда о возмещении убытков, исполнение, исправить, осудить, оправдать, компенсация за убытки, осторожность, несущий ответственность, критерий доказанности, возмещать убытки, уголовное дело, гражданское дело, судебный запрет, нарушить закон, признать виновным, собственность,

Exercise 4. Translate these sentences into English.

a. Суд принял решение о возмещении убытков.

b. Гражданское право – это область права, нормы которого регламентируют отношения между частными лицами.

c. Гражданское дело может быть возбуждено любым частным лицом, если оно желает получить в суде материальную компенсацию понесенного им урона. Если истцу удастся доказать свою правоту, то он получит причитающееся ему вознаграждение. За все платит ответчик.

d. Уголовное право представляет собой самостоятельную отрасль английской правовой системы. Его нормы регламентируют ответственность за совершение преступлений.

e. В самом общем виде уголовное право можно рассматривать как некий перечень тех актов поведения, которые общество и государство в данное время полагают необходимыми считать наказуемыми.

f. Думаю, тебе удастся выиграть иск против компании, страхующей автомобили.

g. Он отделался мягким приговором.

h. Они возбудили дело о возвращении себе прав на собственность.

i. Она преследовала его судебным порядком, претендуя на крупную сумму денег.

j. Эти подозрения подтверждаются самыми прямыми доказательствами.

k. Подсудимый был признан виновным в ограблении.