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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)

convictionn

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

6. damagesn (monetary compensation) award damages

7. injunctionn (a court order commanding or preventing an order)

8. performancen(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. proofn(evidence that tends to establish the existence of a fact in issue) standard of proofn provev

11. sentencen (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. claimn (the assertion of a right to money or property)

claimv.

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 actionto claimcompensation.

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 convictioncould result in a defendant serving a long prison sentence.

Proof/prove

1. The standard of proofis 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 formthere 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.


Date: 2016-01-14; view: 205


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Distinctions between criminal cases and civil cases | Exercise 4. Read the following sentences, notice carefully the words in bold, and translate the sentences into Russian.
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