01-04-2020-Орловская И.В., Самсонова Л.С. Учебник английского языка для технических университетов и вузов (6-е издание, 2006)(1) (1171846), страница 78
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You will have committed a criminal offence (dangerous driving) and a civil wrong (negligence). The legalconsequences under the criminal and civil law will be different.You would be prosecuted by the state in the criminal courts fordangerous driving and sued by the elderly man in the civil courtsfor negligence. The two actions will be totally separate.410The 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 theirdecisions.Procedural law is also a set of rules.
Rules of procedure are therules, 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 rulesare, in other words, the rules, which govern the machinery as opposed to the subject-matter. It is a striking fact that in the earlierstages of legal development these rules assume paramount importance: form is better understood than substance, and formal requirements, rather than abstract principles, usually determinedlegal rights. However, the rules of procedure are now more flexiblethan once they were.Упражнение 1. Прочитайте определения юридических терминов.
Дайтерусские эквиваленты выделенным словам и словосочетаниям. Переведитепредложения.1. The person charged with the criminal offence is the defendant. 2. A criminal case is brought by a prosecutor. 3. A successfulcriminal prosecution will result in a conviction. 4. The word«guilty» is used primarily of criminals. The corresponding word incivil cases is «liable», but this word is also used in criminal contexts. 5. The party bringing a civil action is the plaintiff.
6. Theparty 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 theplaintiff 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 isthe regular order of doing legal things. 13. A proceeding is a courseof 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:judgmentprosecutorpunishment injunctionconvictionpunishedplaintiffsuesprosecution1. 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 from411life imprisonment to a fine or else may be released or dischargedwithout (5) ... 4. In civil proceedings a plaintiff (6) ... (e.g. bringsan 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 todo 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, tocute, liable, to punish, prosecution, conviction, judgment for the plaintiff, prosecutorfence, punishmentCivilCriminalУпражнение 4, Составьте словосочетания глаголов из колонки А и существительных из колонки В.А1.
bring2. conduct3. investigate4. commit/charge with5. punish6. determine7. give/hear8. take/startВa. the prosecutionb. a criminalс blame/rightd. the evidencee. a case/an action/a prosecutionf. legal proceedingsg. a case/a crimeh. an offenceУпражнение 5. Подберите к словам из колонки А синонимы или близкиепо значению слова и словосочетания из колонки В.А1. liable2. damage3. tort4. code5. legal6. distinction7. neglect8.
negligence9. breach10. paramount11. petty412Вa. most important/ greatestb. take the responsibility forс allowed by lawd. behaviour (moral)e. pay no attention to/ fail to do smth.f. carelessnessg. for this reasonh. civil wrong/ not (generally) a crimei. money paid in compensationj. differencek. responsible for12. crime13.
hence14. conduct15. shoulder16. apportion1. a system of lawsm. breaking (an agreement/ duty)n. offence0. divide/ distributep. smallУпражнение 6. Заполните пропуски антонимами.pettywrittenunjustinjusticelegalnationalmisconductlaw ...dischargecarefulness ...unlawftilbased on precedent ...release from prisonfaircaseУпражнение 7. Заполните таблицу на словообразование.NounVerbneglectAdjective...prosecutiveseparatejustifylegalization......punishableconstitute...blamelessУпражнение 8.
A. Назовите 20'-25 ключевы[х слов и словосочетаний натему «Branches of the law».В. Speak about:Distinctions between the criminal law and the civil law. Giveyour own examples of both of them.Text 4Какие судебные институты исполняют закон? Прочитайте и переведитетекст.Judicial Institutions (Courts)In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of413а hierarchy of courts.
The role of each court and its capacity tomake decisions is strictly defined in relation to the courts. Thereare two main reasons for having a variety of courts. One is that aparticular court can specialize in a particular kind of legal action.The other is so that a person who feels his case was not fairlytreated in a lower court can appeal to a higher court for reassessment.
The decisions of a higher court are binding upon lowercourts. At the top of the hierarchy is a supreme law-making body.The court in which a case is first heard is called the court offirst instance. Appellate courts (or Appeal Courts) are civil or crimecourts to which a person may go for a reconsideration of the decision of the original court.The formal courts are not the only means of solving disputes;adjudication increasingly takes place outside the court system. Thetwo main forms of extra-court adjudication are tribunals and arbitration.
Tribunals were established to adjudicate on disputes arisingout of social legislation which regulates such areas as employment,housing and social security benefits.The disputes in these areas might be settled by ordinary courtsbut the ordinary courts lack the necessary expertise or are too formal, slow and costly. Hence, the legislation has established a tribunal to do the job. There are numerous types of tribunals, each withits own limited jurisdiction over a particular type of claim. Manytribunals have expert assessors^ sitting along a legally experiencedchairman to make up the judging paneP. From the point of view ofthe ordinary citizens they are the most important courts in thecountry but from the point of view of lawyers they are perhaps theleast important element in the court system of England.In contrast, arbitration is a private means of adjudication, arranged and agreed between parties involved.
Here the parties agreeto place their dispute in the hands of an independent third partyand invest the arbitrator with the power to decide the issue. The arbitrator is likely to be someone with expertise in the area. The purpose of arbitration is to enable people to have small disputesresolved in an informal atmosphere, avoiding as far as possible thestrict rules of procedure usually associated with court proceedings.This does not mean that rules are not observed because the objectof all court procedures is to protect the interests of each party to theaction and to ensure that the case is tried fairly. Nevertheless, theformalities are kept to the minimum.414The advantages of arbitration are similar to those of tribunals:speed, lower costs, flexibility, informality and adjudication by anexpert.
These advantages must, of course, be balanced against disadvantages. There is the argument that cheaper, quicker and lessformal hearings result in a poor quality service. Nevertheless, theincreasing use of tribunals and arbitration seems to indicate thatthey are a popular way of resolving disputes. On a wider point, theyalso increase access to justice for the ordinary people who make up38 per cent of the plaintiffs.Notes to the Text1. expert assessor — эксперт-консультант2. judging panel — состав, список судейУпражнение 1.
Дайте русские эквиваленты выделенным словам и словосочетаниям, переведите предложения.1. А hierarchy of courts is an organization with levels of authority from the highest to the lowest courts. 2. To appeal means to takea case to a higher court in the hope of a new decision. 3. A requestto a higher court to reexamine and change the judgment of a previous court hearing is called an appeal. 4.
An appellant is the personor the party that requests an appeal. 5. Adjudicatioii is an act of giving a judgment or of deciding a legal problem. 6. The courts calledtribunals are specialist courts outside the judicial system which examine special problems and make judgments. 7. To arbitrate is tosettle a dispute between parties by referring it to an arbitrator instead of going to court.
8. The word «legislation» means makinglaws or the laws made. 9. Jurisdiction is administration of justice orthe extent of legal authority. 10. An assessor expert helps and advises a judge on technical matters in a particularly difficult case.11. Disputes are disagreements or arguments. To be in disputemeans to be in opposition to each other. 12. The agreement is binding on all parties, that is, all parties signing it must do what isagreed.
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