Английский язык | 10 - 11 классы
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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.
Раскройте скобки, употребив глагол в страдательном залоге 1?
Раскройте скобки, употребив глагол в страдательном залоге 1.
The members of the suprem court (to appoint) by the government.
2. the accused (to find) guilty by the jury.
3. the UNO(to found) in 1944 when the second World War was coming to its end.
4. trespassers (to prosecute).
5. a good marriage (to base on) trust.
6. the house (to mortgage) by him last year in order to start a business.
7. sometimes civil rights and civil liberties (to use) interchangeably.
8. you can claim your money back if the goods (to damage).
9. most of the criminal and civil cases (to try) by the district courts of the USA.
10. the police usually (to call) by neighbors.
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Прочитайте и переведите письменно текст.
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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The Courts in our Country
The court is an organ of state that administers justice on the basis of the laws of the state.
There are courts of first instance and second instance.
A court of first instance examines a case in substance and brings in a sentence or a judgement.
A court of second instance examines appeals and protests against sentences and judgements of courts of first instance.
However, any court may sit as a court of first instance.
The basic judicial organ is the district court.
It tries both criminal and civil cases.
The district court consists of a judge and two assessors.
Cases are tried in public and proceedings are oral.
The participants in the trial (the victim, the accused, the plaintiff, the defendant and others) speak in open court.
The accused has the right to defence.
The highest judicial organ is the country's Supreme Court supervising the activities of all the judicial organs of the state.
As a court of first instance it tries the most important criminal and civil cases.
It also hears appeals against sentences and judgements of lower courts.
Помогите пожалуйста вставить в упражнение соченания из текста?
Помогите пожалуйста вставить в упражнение соченания из текста.
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.
Переведите следующие предложения, используя пассивную конструкцию : The criminal is identified ; the suspect was traced and located ; the facts are gathered for court presentation, the division of the?
Переведите следующие предложения, используя пассивную конструкцию : The criminal is identified ; the suspect was traced and located ; the facts are gathered for court presentation, the division of the investigation into three phases is made for convenience of discussion, the same evidence is often used for three objectives, the criminal was identified as the perpetrator of the criminal acts, the identity of the criminal has been discovered through his confession, the guilt of the accused has been proved, the defendant was identified and associated with the crime scene : the facts are being established with the help of the witnesses.
Помогите с переводом)) The Civil Code Napoleon in later life considered the Civil Code to be the most significant of his achievements?
Помогите с переводом)) The Civil Code Napoleon in later life considered the Civil Code to be the most significant of his achievements.
The Code represented a comprehensive reformation and codification of the French civil laws.
Under the ancien regime more than 400 codes of laws were in place in various parts of France, with common law predominating in the north and Roman law in the south.
The Revolution overturned many of these laws.
In addition, the revolutionary governments had enacted more than 14, 000 pieces of legislation.
Five attempts were made to codify the new laws of France during the periods of the National Convention and the Directory.
Through the efforts of Napoleon the drafting the new Civil Code in an expert commission, in which Jean - Etienne - Marie Portalis took a leading role, took place in the second half of 1801.
Napoleon attended in person 36 of the commission's 87 meetings.
Although the draft was completed at the end of 1801, the Code was not published until 21 March 1804.
The Civil Code represents a typically Napoleonic mix of liberalism and conservatism, although most of the basic revolutionary gains - equality before the law, freedom of religion and the abolition of feudalism - were consolidated within its laws.
Property rights, including the rights of the purchasers of the biens nationaux were made absolute.
The Code also reinforced patriarchal power by making the husband the ruler of the household.
The Napoleonic Code was to be promulgated, with modifications, throughout the Empire.
The Civil Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808 and a Penal Code in 1810.
A Rural Code was debated, but never promulgated.
The Code Napoleon, renamed the Civil Code, was retained in its majority after the restoration of the Bourbons in 1815.
The Civil Code has served as the model for the codes of law of more than twenty nations throughout the world.
Помогите с переводом)) The Civil Code Napoleon in later life considered the Civil Code to be the most significant of his achievements?
Помогите с переводом)) The Civil Code Napoleon in later life considered the Civil Code to be the most significant of his achievements.
The Code represented a comprehensive reformation and codification of the French civil laws.
Under the ancien regime more than 400 codes of laws were in place in various parts of France, with common law predominating in the north and Roman law in the south.
The Revolution overturned many of these laws.
In addition, the revolutionary governments had enacted more than 14, 000 pieces of legislation.
Five attempts were made to codify the new laws of France during the periods of the National Convention and the Directory.
Through the efforts of Napoleon the drafting the new Civil Code in an expert commission, in which Jean - Etienne - Marie Portalis took a leading role, took place in the second half of 1801.
Napoleon attended in person 36 of the commission's 87 meetings.
Although the draft was completed at the end of 1801, the Code was not published until 21 March 1804.
The Civil Code represents a typically Napoleonic mix of liberalism and conservatism, although most of the basic revolutionary gains - equality before the law, freedom of religion and the abolition of feudalism - were consolidated within its laws.
Property rights, including the rights of the purchasers of the biens nationaux were made absolute.
The Code also reinforced patriarchal power by making the husband the ruler of the household.
The Napoleonic Code was to be promulgated, with modifications, throughout the Empire.
The Civil Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808 and a Penal Code in 1810.
A Rural Code was debated, but never promulgated.
The Code Napoleon, renamed the Civil Code, was retained in its majority after the restoration of the Bourbons in 1815.
The Civil Code has served as the model for the codes of law of more than twenty nations throughout the world.
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. Переведите на русский язык.
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.
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Сложно перевести текст помогите кто может!
Text 3.
Criminal Process in England and Wales
(1) Under English law there are three types of trial processes in criminal law.
The types of criminal trial are "summary" or "indictment" and the third type is "either way" which is an offence that can be tried in either court.
Summary trials take place in the lower court, i.
E. the Magistrates Court.
Indictment trials normally start in the Magistrates Court before they are referred to the higher court, the Crown Court for trial.
(2) The criminal court process in England and Wales starts with an indictment.
An indictment is the legal term for the criminal charges that form the basis of the trial.
The prosecution of the indictment is generally carried out the Crown Prosecution Service or CPS.
The CPS are the legal arm of the state and they decide if the information and evidence provided by the police is solid enough for criminal charges to be brought against the defendant.
This initial process is termed the committal.
Committal proceedings are dealt with by a magistrate.
The magistrate will access the evidence.
(3) Less serious offences are dealt with in the Magistrate Court, these types of offences are called summary offences.
Offences that fall into this group include low level motoring offences, minor assault, some arson cases and other low level crime such as criminal damage and taking without the drivers consent.
There are limits to the types of cases that a Magistrates Court can deal with.
Trials in the Magistrate Court take place in one of two ways.
The most common of these is a trial that takes place before a bench of "lay magistrates".
This must be made up of at least three people but they are not normally lawyers or solicitors.
The less common type of Magistrates Court trial is that of a Stipendiary Magistrate.
(4) Crown Courts deal with the more serious criminal offences.
These crimes are titled indictable offences and cover a wide range of acts.
Indictable offences include murder, manslaughter, kidnapping, blackmail and armed robbery.
People charged with these offences have their first court appearance in the Magistrates Court before the Crown Court.
At this stage the Magistrate must decide if the defendant should be released on bail or to keep him / her in custody.
This stage of the process is called the first appearance.
In the Crown Court the trial is overseen by a Circuit Judge or a High Court Judge and a jury.
The status of the judge depends on the seriousness of the offence and complex nature of the offence.
A jury is only called in the defendant enters a plea of "not guilty".
(5) “Either way” cases are those that are between the two levels and can be tried by magistrates or by a Judge and Jury in a Crown Court.
Magistrates can "decline jurisdiction" on cases that they believe are too serious for them to deal with.
Then the case must be dealt with in the Crown Court.
An adult defendant can ask for trial by jury in a crown court and the court system must agree to this.
(6) The judge supervises the criminal trial by attempting to ensure clarity and fairness of the proceedings.
The judge must also decides on legal issues (such as whether a piece of evidence is admissible - should be put before the jury) and also instruct the jury as to the correct view to the case.
In England and Wales juries are made up of 12 people aged between 18 and 70 years old.
It is the role of the jury to decide if the defendant is either guilty or innocent.
The jury will access the evidence before them and come to a verdict.
The verdict can either be a unanimous verdict where all the jurors are united in their view or a majority verdict where the majority of the jury has agreed on an outcome.
Trial by Jury has been central to English Common Law since the Magna Carta was signed by King John in 1215.
In criminal cases, the prosecution must prove guilt of the defendant.
The defendant does not have to prove his / her innocence.
The standard of proof required in law is that the case must be proved beyond reasonable doubt.
If a defendant is found guilty then it is the judge that will pass sentence and also set the length of time the defendant will serve for their crime.
There is a course to appeal after the first trial but there needs to be compelling evidence for an appeal to be heard.
(7) Criminal law in England is always developing and the recent Heathrow robbery trial was the first trial without a jury in England for nearly four hundred years.
The trial was carried out in front of a judge because of fears of jury tampering.
Вы находитесь на странице вопроса Прочитайте текст и переведите его на русский язык? из категории Английский язык. Уровень сложности вопроса рассчитан на учащихся 10 - 11 классов. На странице можно узнать правильный ответ, сверить его со своим вариантом и обсудить возможные версии с другими пользователями сайта посредством обратной связи. Если ответ вызывает сомнения или покажется вам неполным, для проверки найдите ответы на аналогичные вопросы по теме в этой же категории, или создайте новый вопрос, используя ключевые слова: введите вопрос в поисковую строку, нажав кнопку в верхней части страницы.
Уголовным и гражданским деламПреступление является нарушением закона, который запрещает или команды активностью.
Такие, как убийство, изнасилование, поджог находятся на балансе каждой страны.
Поскольку преступление является нарушением общественного порядка, правительство расследует уголовные дела.
Суды решают как уголовные и гражданские дела.
Гражданские дела вытекают из претензий к что - то ценное.
Споры возникают в результате несчастных случаев, договорных обязательств, и развод, например.
Большинство стран делают довольно четкое различие между гражданским и уголовным процедурам.
Например, английский уголовный суд может вынудить ответчика выплатить штраф в качестве наказания за его преступления, и он может иногда придется платить судебные издержки обвинения в.
Но жертва преступления Активного его требование о компенсации в гражданском, а не уголовного, действия.
Уголовные и гражданские процедуры различны.
Хотя некоторые системы, в английском праве, позволяют частное лицо возбудить уголовное преследование другому гражданину, преступные действия почти всегда начинались государством.
Гражданские процедуры, с другой стороны, обычно запускаются отдельными лицами.
Некоторые суды, такие как английский судах магистратов и японском суде по семейным делам, имеют дело с гражданским и уголовным делам.
Другие, такие как английский коронного суда, дело исключительно с одной или другой стороны.
В англо - американском праве, в результате чего партия уголовное дело (то есть, в большинстве случаев государство) называется обвинение, но партия подачи гражданского иска является истец.
В обоих видах действия другая сторона известна в качестве ответчика.
Возбуждено уголовное дело в отношении лица, называется г - жа Браун будет описана как "Народ против (против или против) Браун" в Соединенных Штатах и "Р.
(Regina, то есть, Королева) против Брауна" в Англии , Но гражданский иск между г - жи Браун и г - н Смит будет "Браун против Смита", если он был запущен Браун, и «Смит против Брауна", если он был запущен г - н Смит.
Данные из уголовного процесса не обязательно принимаются в качестве доказательства в гражданском деле о том же.
Например, жертвой дорожно - транспортного происшествия непосредственно не выиграет, если водитель, который ранил его признан виновным в совершении преступления неосторожного вождения.
Он до сих пор, чтобы доказать свою правоту в гражданском иске.
На самом деле он может быть в состоянии доказать свое гражданское дело даже тогда, когда водитель был признан невиновным в уголовном процессе.
После того, как истец показал, что ответчик несет ответственность, главный аргумент в гражданском суде о сумме денег, или ущерб, ответчик должен выплатить истцу.