Английский язык | 10 - 11 классы
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.
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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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There have been, and will continue to be, different definitions of law.
The Greek philosopher Aristotle (384 - 322 B.
C. ) saw law as a "pledge that citizens of a state will do justice to one another".
The Roman philosopher Cicero (106 - 43 B.
C. ) contended that law was the agreement of reason and nature, the distinction between the just and the unjust.
Law consists of enforcement rules governing relationship among individuals and between individuals and their society.
Law is one of the most necessary institutions.
No society could exits if all people did just as they pleased, without regard for the rights of others.
Nor could a society exits if its members did not recognize that they also have certain obligations towards one another.
Law establishes the rules that define a person's rights and obligations.
Law also sets penalties for people who violate these rules, and it states how government shall enforce the rules and penalties.
In most societies, various government bodies, especially police agencies and courts, see that laws are obeyed.
Because a person can be penalized for disobeying law, most people agree that laws should be just.
With reference to its origin, law is derived from judicial precedents, from legislation or from custom.
With reference to is subject - mater, law is private or public.
Private law determines a person's legal rights and obligations in many kinds of activities that involve other people.
The great majority of lawyers and judges spend most of their time dealing with private - law matters.
More than 10 million cases are field in the United States courts each year.
These cases are called lawsuits or civil suits.
Private la can be divided into six major branches according to the kinds of legal rights and obligations involved.
These branches are :
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.
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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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Most barristers are professional advocates earning their living by the presentation of civil and criminal cases in court.
A barrister must be capable of prosecuting in a criminal case one day, and defending an accused person the next, or of preparing the pleadings and taking the case for a plaintiff in a civil action one day, and doing the same for a defendant the next.
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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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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?
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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.
ПОМОГИТЕ С ПЕРЕВОДОМ ПОЖАЛУЙСТА?
ПОМОГИТЕ С ПЕРЕВОДОМ ПОЖАЛУЙСТА!
The lawyers of different countries differ widely from one another.
The Continent bases its jurisprudence upon the university - made civil law, in place of the Judge - made common law of England and the USA.
The practice of this civil law consists of several co - ordinate professions, each constituting a career in itself.
Such are, for instance, the professions of judge, of diplomat, of higher civil servant, of law teacher and scholar.
The United States stand at the opposite extreme ; the student, after his formal education is completed, is admitted by the State to the privilege of general practice of the law.
There is little or no connection between his course of preparation - which may or may not be in a university - and the particular line of highly specialized legal activity in which he will find himself at first, and from which he can later pass to the bench, into politics or even business.
In England the lawyer occupies a position somewhat resembling that of his colleague in the United States, but not to the extreme exemplified here.
Вопрос Перевод текста HOW DO CRIMINAL AND CIVIL LAWS DIFFER?, расположенный на этой странице сайта, относится к категории Английский язык и соответствует программе для 10 - 11 классов. Если ответ не удовлетворяет в полной мере, найдите с помощью автоматического поиска похожие вопросы, из этой же категории, или сформулируйте вопрос по-своему. Для этого ключевые фразы введите в строку поиска, нажав на кнопку, расположенную вверху страницы. Воспользуйтесь также подсказками посетителей, оставившими комментарии под вопросом.
КАК РАЗЛИЧАЮТСЯ УГОЛОВНОЕ И ГРАЖДАНСКОЕ ПРАВО?
Когда нарушаются личные законные права человека, то этот вопрос
регулируется гражданским законодательством.
Оно применяется всякий раз, когда лицо
имеет право подать в суд на другое лицо.
Примером такой ситуации является
ситуация, когда арендатор не оплачивает арендную плату.
Полиция не будет
расследовать гражданские конфликты.
Когда человек нарушает определенные обязанности перед обществом и
нарушает общественное спокойствие и порядок, то нарушение регулируется
уголовным законодательством.
Правительство, действуя от имени всех людей,
расследует, привлекает к ответственности и пытается штрафовать или сажать в
тюрьму предполагаемого правонарушителя.
Как правило, когда происходит преступление, в то же
время нарушаются и личные права потерпевшего.
Таким образом, гражданское право
также может применяться.
Поэтому жертва преступления вправе подать в суд на
правонарушителя, но это редко случается, потому что обычно трудно взыскать
компенсацию за ущерб от преступников.