Text 2 comprehension questions

Answer these questions.

1 In a criminal case, why is a person usually prosecuted by the state and not by the actual

victim?

2 What does ‘the presumption of innocence’ mean?

3 What is the difference between the ‘burden of proof’ and the ‘standard of proof’?

4 What does the principle of proof ‘beyond reasonable doubt’ mean?

5What does the principle of proof ‘on a balance of probabilities’ mean?

6Why do you think complaints against the police are investigated by an independent

body?

7At what stage of the criminal process is the person involved called ‘the suspect’, ‘the

Accused’ (‘the defendant’), ‘the convict’?

True-false statements

Confirm or refute these statements. Begin with a short answer, e.g. ‘Yes, it is/has/does, etc.’ or ‘No, it isn’t/hasn’t/doesn’t, etc.’ and add one sentence to prove your point.

1English law allows a victim to prosecute the offender.

2 A fine for a criminal offence is paid to the victim.

3In civil proceedings each party usually pays its legal costs itself.

4 When a person utters a threat 'I'll sue you!' he wants you to go to prison for what you

have done.

5 The defence has the duty to prove that the defendant is innocent.

6One cannot be sued and prosecuted for one and the same offence.

7A person who was beaten up by the police may bring criminal prosecution against the

offending officers.

11. Civil or criminal?

In each case of the following, decide a) whether it is a civil or criminal case (or both); b) who will initiate the proceedings (‘the proceedings will be initiated by ...’) and c) what the possible punishment is (‘the likely punishment is ...’). Prove your point of view.

1. A man burgled a flat and stole possessions to the tune of several hundred pounds. It is not his first offence.

2. A company promised to deliver a new machine by 1 September. It is the end of December but the machine ordered has not arrived.

3. A rugby player is so angry with the referee during a game that he hits him and breaks his nose.

4. A man fired two shots at another man during an argument. A few hours later the injured man

died of the injuries he had received.

5. A company has hired a truck and refuses to return it or to pay for another week’s hire.

6. A car has crashed into the fence of a house. The driver refuses to pay for the repairs.

7. A motorcyclist collided with and killed a pedestrian.

8. A man replaced the price labels on certain goods in a supermarket with labels showing lesser prices, and at the checkout he paid those lesser prices. He was then arrested.

Citations

Reread the last three paragraphs of Text 2. Are the following cases civil or criminal?

1. Barclays Bank plc* v. Fairclough Building Ltd (1995)

2. R. v. Adomako (1994)

3. Rondel v. Worsley (1967)

4. R. v. Lawrence (1982)

5. DPP v. Camplin (1978)

6. Donoghue v. Stevenson (1932)

7. Attorney-General v. Blake (1998)

8. Fagan v. Metropolitan Police Commissioner (1969)

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* ‘Plc’ (public limited company) and ‘Ltd’ (limited) are abbreviations used with names of companies.

13. Criminal and civil procedure Note-taking

Complete these notes on Text 2 and use them to talk about criminal and civil procedure.

14. Definitions Language use

Match the following concepts (1-7) with their defining words (some defining words must be used twice). Then write full definitions. Do not borrow dictionary definitions. When you have finished, check that our definitions contain verbs instead of dashes .

Date: 2016-03-03; view: 826