Английский язык | 10 - 11 классы
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THE CRIMINAL LAW.
The criminal law, like the law generally, is interpreted by the courts but changes in the law are the matters for Parliament.
In practice, most legislation affecting criminal law is government - sponsored, but there is usually consultation between government departments and the legal profession, the police, the probation service (in Scotland, the social work agencies) and voluntary bodies.
Переведите текст на русский язык Текст : The Lord High Chancellor of Great Britain presides over the House of Lords both in its legislative capacity and as a final court of appeal ; he is a member of ?
Переведите текст на русский язык Текст : The Lord High Chancellor of Great Britain presides over the House of Lords both in its legislative capacity and as a final court of appeal ; he is a member of the Cabinet and also has departmental responsibilities in connection with the appointment of certain judges.
He advises on, and frequently initiates, law reform programmes with the aid of the Law Commissions, the Law Reform Committee and committees (for a specific purpose).
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Подчеркните в тексте сказуемые и определите их залог (активный или пассивный) и время.
JUSTICE The English have given the world the system of English law that has its origins in Anglo - Saxon times.
Two of its hallmarks are its preference for customary law (the common law), and its system of application by locally appointed part - time magistrates, by locally chosen juries, and by the travelling judges going from one county town to another on circuit.
Other aspects of the English law are the fundamental assumption that an accused person is deemed innocent until proved guilty and the independence of the judiciary from intervention by crown or government in the judicial process.
The legal system is divided into civil and criminal courts.
The House of Lords is the ultimate court of appeal for both civil and criminal cases.
At the base of the criminal court system, the magistrates’ courts try more than 97 percent of the criminal cases.
More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities.
In 1971 the Crown Courts replaced the individual courts, and it is now a single court that may sit anywhere in England, deal with any trial on indictment, and hear appeals and proceedings either on a sentence or on civil matters.
Civil cases are dealt with in County courts.
Certain cases may be referred to the European Court of Justice in Luxembourg.
The legal system of Great Britain also includes juvenile courts which deal with offenders under seventeen, and coroners’ courts which investigate violent or unnatural death.
Tribunals deal with professional standards, disputes between individuals, and between individuals and government departments.
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Составьте предложения с каждым из них.
Law and order.
The law of the jungle.
To lay down the law.
Necessity knows no law /.
Переведите пожалуйста предложение, а конкретно фразу "sumps up the evidence" в данном предложении?
Переведите пожалуйста предложение, а конкретно фразу "sumps up the evidence" в данном предложении.
(ибо переводчик переводит совсем не по теме) In jury trials the judge decides questions of law, sumps up the evidence for the jury and instructs it on the relevant law, and discharges the accused or passes sentence.
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The legal system in the UK.
The study of law distinguishes between public law and private law, but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers.
Public law relates to the state.
It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security.
Private law is concerned with the relationships between legal persons, that is, individuals and corporations, and includes family law, contract law and property law.
Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft.
The state prosecutes the offender.
Civil law concerns relationships between private persons, their rights, and their duties.
It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction – an order made by the court.
However, each field of law tends to overlap with others.
For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation.
Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced.
1) _________ is law relating to acts, commited against the law which are punished by the state.
2) _____ is concerned with the constitution or government or the state, or the relationship between state and citizens.
3) _____ involves prosecution by the government of a person for an act that has been classified as a crime.
4) _____ is rules which determine how a case is administered by the courts.
5) _____ is concerned with the rights and duties of individuals, organi - zations, and associations (such as companies, trade unions, and charities), as opposed to criminal law.
6) _____ is common law and statute law used by the courts in making decisions.
Перевести текст Criminal Justice It is the law courts that are to administer criminal justice in England?
Перевести текст Criminal Justice It is the law courts that are to administer criminal justice in England.
Perhaps, criminal trial in the law courts of England is not so different from criminal trials in Europe.
Still, it is interesting to note that in England newspapers mustn’t describe the accused as the “thief”, or the “murderer” ; he is “the accused”, or “the defendant”, or “the prisoner”.
Here is a description of a criminal trial in England.
First, the counsel for the prosecution tells the court what he is going to prove by evidence in his opening statement.
Then he calls his witnesses.
These persons can say what they know in answers to questions, so the examination of witnesses is very important.
Then, the counsel for the defense is to defend the prisoner.
He calls his witnesses.
The judge can interfere if any of the questions are unfair.
Every counsel may examine a witness of the opposite side.
This is the cross - examination.
The law of evidence is very strict.
Every witness must swear an oath (sometimes with his hand on the Bible) “to tell the truth, the whole truth, and nothing but the truth”.
A witness is to give evidence in a special “witness box”.
A witness may tell only what he himself considers to be true.
There can be no “hearsay” evidence at the trial.
When the examination of the witnesses is over, counsels for both sides make further speeches.
Then the judge is to sum up.
After that he asks the jurors to consider their verdict.
The members of the jury have to decide only the questions of fact.
Questions of the law are for the judge.
So, the jury retires to a private room to consider a verdict, i.
E. to find the prisoner “guilty” or “not guilty”.
In English law courts the judge may know the prisoner’s past record of crime, if there is any, only after the verdict.
This should help the judge to pass the just sentence – more or less severe.
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The Legal Heritage of Greece and Rome.
The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs.
Before the Greeks most civilizations attributed their laws to their gods or goddesses.
Instead, the Greeks believed that laws were made by the people for the people.
In the seventh century B.
C. , Draco drew up Greece’s first comprehensive written code of laws.
Under Draco’s code death was the punishment for most offences.
Thus, the term draconian usually applies to extremely harsh measures.
Several decades passed before Solon – poet, military hero, and ultimately Athens’ lawgiver – devised a new code of laws.
He ended exclusive aristocratic Control of the government, substituted a system of control by the wealthy, and introduced a new law code.
Solon’s great contribution to the future good of Athens was his new code of laws.
He revised every statute except that on homicide and made Athenian law altogether more humane.
Trial by jury, an ancient Greek tradition was retained, but enslaving debtors was prohibited as were most of the harsh punishments of Draco’s code.
Under Solon’s law citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions.
What the Greeks may have contributed to the Romans was the concept of “natural law”.
In essence, natural law was based on the belief that certain basic principles are above the laws of a nation.
These principles arise from the nature of people.
The concept of natural law and the development of the first true legal system had a profound effect on the modern world.
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Substantive law creates, defines or regulates rights, liabilities, and duties in all areas of law and is contrasted with procedural law, which defines the procedure by which a law is to be enforced.
The head of state is the monarch, currently the Queen in the UK, but the government carries the authority of the Crown (the monarch).
The Westminster Parliament has two chambers : the House of Lords and the House of Commons, which sit separately and are constituted on different principles.
The Commons is an elected body of members.
Substantial reform is being carried out in the upper house, the House of Lords, where it is proposed that the majority of members be appointed, with a minority elected, replacing the hereditary peers.
There is no written constitution, but constitutional law consists of statute law, common law, and constitutional conventions.
The scope of the family law с переводом?
The scope of the family law с переводом.
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CRIMINAL AND CIVIL CASES Crime is a violation of a law that forbids or commands an activity.
Such as murder, rape, arson are on the books of every country.
Because crime is a violation of public order, the government prosecutes criminal cases.
Courts decide both criminal and civil cases.
Civil cases stem from claims to something of value.
Disputes arise from accidents, contract obligations, and divorce, for example.
Most countries make a rather clear distinction between civil and criminal procedures.
For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution.
But the victim of the crime pursuits his claim for compensation in a civil, not a criminal, action.
Criminal and civil procedures are different.
Although some systems, in the English law, allow a private citizen to bring a criminal prosecution to another citizen, criminal actions are nearly always started by the state.
Civil procedures, on the other hand, are usually started by individuals.
Some courts, such as the English Magistrates Courts and the Japanese Family Court, deal with both civil and criminal matters.
Others, such as the English Crown Court, deal exclusively with one or the other.
In Anglo - American law, the party bringing a criminal action (that is, in most cases the state) is called the prosecution, but the party bringing a civil action is the plaintiff.
In both kinds of action the other party is known as the defendant.
A criminal case against a person called Ms.
Brown would be described as "The People vs.
(versus, or against) Brown" in the United States and "R.
(Regina, that is, the Queen) vs.
Brown" in England.
But a civil action between Ms.
Brown and Mr.
Smith would be "Brown vs.
Smith" if it was started by Brown, and "Smith vs.
Brown" if it was started by Mr.
Smith.
Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter.
For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving.
He still has to prove his case in a civil action.
In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.
Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, the defendant should pay to the plaintiff.
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Уголовное право
Уголовное право, также как и закон, как правило трактуется судами, но изменения в законе - вопросы дляпарламента.
На практике большинство законодательств, затрагивающих уголовное право спонсируются правительством, но как правило обсуждается между правительственными ведомствами и юристами, полицией, службами пробации(в Шотландии, социальные рабочие учреждения) и добровольными организациями.