Английский язык | 10 - 11 классы
VIII.
Заполните пропуски, используя глаголы, данные в скобках : 1.
In criminal law the state .
(to start) a criminal action.
2. There .
(to be) disagreements between individuals and their property.
3. Criminal law .
(to regulate) relations between citizens and the state.
4. In civil law an individual .
(to start) a civil action.
5. The other party in both cases .
(to be) the defendant.
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Governments have many ways to be sure that citizens obey the law.
They explain to the public what the law is and try to provide social support for law and order.
They use people forces to investigate crimes and catch criminals.
They use courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others.
And they try to re - educate and reform people who have broken the law.
Which of these is most effective in enforcing the law?
The laws of all countries are in written records - the legal codes of countries, the statutes and case judgments of common law countries, etc.
Many people do not know where to find these records.
But ignorance of the law is almost never a defence for breaking it.
Governments usually expect citizens to know the laws.
However, there are many laws, such as those prohibiting theft, assault and dangerous driving, which simply reflect social and moral attitudes to everyday behavior.
In such cases a person knows he is breaking the law, even if he doesn't know exactly which law it is.
1)What ways do goverments use to make citizens obey law?
2)What do goverments use police force for?
3)What do they use coutrs for?
4)What laws reflect social and moral attitudes to everyday behavior?
Перевод текста HOW DO CRIMINAL AND CIVIL LAWS DIFFER?
Перевод текста HOW DO CRIMINAL AND CIVIL LAWS DIFFER?
When the private legal rights of an individual are violated, the matter is governed by civil law.
It applies whenever one person has a right to sue another person.
An example of such a situation is when a tenant fails to pay the rent.
The police will not investigate civil conflicts.
When a person violates certain duties to society and disturbs public peace and order, the violation is governed by criminal law.
The government, acting in the name of all people, investigates, prosecutes, and tries to fine or imprison the alleged wrongdoer.
Generally, when a crime occurs, private rights of the individual victim are violated at the same time.
Thus, the civil law may also apply.
The victim of the crime may, therefore, sue the wrongdoer but seldom does because it is usually difficult to collect damages from criminals.
Ответить на вопросы по тексту THE SYSTEM OF LAW IN OUR COUNTRY Law is а system of rules established by the state?
Ответить на вопросы по тексту THE SYSTEM OF LAW IN OUR COUNTRY Law is а system of rules established by the state.
The main aim of law is to consolidate and safeguard the social and state system and its economic foundation.
The system of law in our country consists of different branches of law.
Constitutional law is a leading branch of the whole system of law.
Its principal source is the country’s Constitution.
It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with legal forms of concrete executive and administrative activity of the government and ministries.
Financial law regulates the budget, taxation, state credits and other spheres of financial activity.
Civil law is connected with relations in the economic sphere of social life, with relations involving property, its distribution and exchange.
The right в property is the central institution of civil law.
The rules of labour law include the legislation on the labour of industrial and office workers and matters arising from labour relations.
Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals.
Criminal law takes the form of а criminal code consisting of а general and special part.
Ответьте на вопросы 1.
What is law?
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What is the main aim of law?
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What branches of law does the system of law in our country consist of?
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What does each branch of law deal with?
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Составьте все типы вопросов к предложению In civil - law countries a more active role is assigned to the judge and a more passive role to counsel than in common - law countries?
Составьте все типы вопросов к предложению In civil - law countries a more active role is assigned to the judge and a more passive role to counsel than in common - law countries.
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The legal system in the United Kingdom (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.
Переведите текст PROPERTY LAW : The Issue of Rights Law may be broken into Criminal Law and Civil Law?
Переведите текст PROPERTY LAW : The Issue of Rights Law may be broken into Criminal Law and Civil Law.
Civil Law may be broken into Property Law, Contract Law and Tort Law.
Each of these three may be broken into law and equity components.
But it is Property Law which brings a need for the other many types of Civil Law.
It is the right of private property ownership ("mine, not yours") which gives the need for Property Law.
If there is no right to private property, then the king owns everything and punishes any who violates the laws he makes to protect what is his.
Well, if two of the actions in trespass were based upon injury to property or to property rights, a law of property would be required so that we could determine who owned what, or had what rights in what property.
If you damage my property, we need Tort Law, if I want to sell the land to you we need Contract Law ; if I want you to get my property when I die, we need Inheritance Law ; if I want to pay by check, we need Negotiable Instruments Law ; if we want to be merchants or manufacturers of products, we need Merchant Law ; we need remedies and procedure to make law work for us when someone breaches the law.
Thus Property Law asks : What are the respective rights : ownership - possession - use, present or future, contingent or certain, etc.
Of competing parties (that is, whose rights are the higher)?
Is the proof sufficient to tip the scales?
What needs to be done to uphold, or protect the rights?
Because of the importance attached to ownership of property and the means of production as well as the right to peaceable enjoyment, damages did not need to be shown to bring and win a case in Property Law.
The earliest cases were all strictliability : volitionally do an act and you are liable without regards to the state of your mind.
However, the state of your mind might effect the damage question.
Переведите пожалуйста, очень нужно The objective of the criminal law is to protect the community?
Переведите пожалуйста, очень нужно The objective of the criminal law is to protect the community.
There are several different types of crimes.
For example, there are offences against the person such as assault ; offences against property such as theft ; and offences against public order such as riot.
Civil cases are cases taken by individual people or businesses in order to claim or enforce a right.
There are different types of civil cases.
For example, there may be a breach of contract or there may be a claim for damage done through the negligence of another person (this is known as a civil wrong or tort).
Usually the person making the claim wants money to compensate for what has happened.
However, there are other special remedies which can be given.
In civil cases the main purpose is to investigate disputes between the parties and decide whether the defendant is liable to pay compensation.
There is no punishment involved.
Civil law is generally compensatory.
Civil proceedings, as a private matter, can be ended by settlement between the parties at any time.
Actions brought to the court are usually tried without a jury.
Higher courts deal with more complicated civil cases.
Most judgments are for sums of money and the costs of the prosecution are generally paid by the party losing it.
The name of the case will usually tell you if the case is criminal or civil.
The letter "R" stands for Rex (which means King) or Regina (which means Queen), showing that the case has been started by the State.
The small letter "v" between the names means "versus" (against).
In the civil cases the surname of the person starting the case is given first, then the surname of the person he is suing (taking the case against).
If a company is involved in a case, then the company's name is used.
In Anglo - American law, the party bringing a criminal action (in most cases it is the state) is called the prosecution.
The legal term for the person starting the civil case is the claimant (previously plaintiff).
In both kinds of action the other party is known as the defendant.
Another important difference between civil and criminal cases is what is called the burden of proof or the standard to which the case has to be proved.
In criminal cases this standard is a high one, beyond reasonable doubt, since a conviction could result in the defendant going to prison for a long time (or, in some countries, executed).
In civil cases the standard is lower, on the balance of probabilities.
This is because the judge has to decide for one party or the other and so he considers all the evidence and gives judgment for the party which he thinks is most probably right.
Sometimes one action can be in breach of two types of law.
This gives rise to what is known as double liability.
It means that two separate court cases may take place.
Double liability can occur wherever there is a crime and, in the course of this crime, an individual's rights were affected.
It most often hap pens where there is a road traffic offence (involving criminal law) and someone is injured as a result so that he or she wants to claim damages (under the law of torts).
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Заранее спасибо!
Поставить глагол в правильную форму : 1) Law (protect) us while it (restrict) us.
2)Law (regulate) the life we lead.
3)Law significantly (affect) our life.
4)The United States (possess) a unique court system in that there is a state system and a federal system.
5)The federal court (decide) a federal question.
6)State courts (hear) both civil and criminal cases.
7)Both the state and federal court systems (have) courts of original jurisdiction and courts of appellate jurisdiction.
Составьте пять вопросов к тексту?
Составьте пять вопросов к тексту.
THE ISSUE OF RIGHTS Law may be broken into Criminal Law and Civil Law.
Civil Law may be broken into Property Law, Contract Law and Tort Law.
Each of these three may be broken into law and equity components.
But it is Property Law which brings a need for the other many types of Civil Law.
It is the right of private property ownership which gives the need for Property Law.
If there is no right to private property, then the king owns everything and punishes any who violates the laws he makes to protect what is his.
Well, if two of the actions in trespass were based upon injury to property rights, a law of property would be required so that we could determine who owned what, or had what rights in what property.
If you damage my property, we need Tort law ; if I want to sell the land to you we need Contract Law ; if I want you to get my property when I die, we need Inheritance Law, if I want to pay by check, we need Negotiable Instruments Law ; if we want to be merchants or manufacturers of products, we need Merchant Law ; we need remedies and procedure to make law work for us when someone breaches the law.
Thus Property Law asks : What are the respective rights : ownership – possession – use, present or future, contingent or certain, etc.
Of competing parties?
Is the proof sufficient to tip the scales?
What needs to be done to uphold, or protect the rights?
Переведите пожалуйста текст?
Переведите пожалуйста текст.
The Law of Torts.
The law of “tort” is essentially the law of injuries and remedies for those injuries.
Torts can thus include assault, battery, false imprisonment, negligence, invasion of privacy, defamation, fraud, trespass and other wrongs.
Some of these wrongs may be both civil and criminal in nature.
A battery, for example, may be prosecuted by the state as a violation of the criminal statutes.
The offender may be sentenced to prison and be ordered to pay a fine to the state.
In some cases, he may also be ordered to pay restitution to the victim.
However, the battery may also be a civil tort as well.
The victim (the plaintiff) may sue in civil court for the tort of battery.
If the plaintiff is successful, the defender will be ordered to pay compensatory damages (to compensate for the injury) and punitive damages (to punish the defendant far having caused the act).
In the United States, it is commonly believed that courts will enter punitive damages in an amount that is roughly three times the size of the compensatory damages (which are sometimes called the “special damages” by plaintiff’s lawyers).
Thus, the essential purpose of the law of torts is compensatory and, though punitive damages may occasionally be awarded, its function is distinct from that of criminal law.
Criminal law is essentially punitive and an injured party is not awarded compensation in the criminal proceedings.
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1. In criminal law the state .
( starts) a criminal action.
2. There .
(are) disagreements between individuals and their property.
3. Criminal law .
( regulates) relations between citizens and the state.
4. In civil law an individual .
( starts) a civil action.
5. The other party in both cases .
(is) the defendant.