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The subject matter of the legal system





11. One way of classifying and understanding the law is by subject matter. Lawyers often divide the law and the legal system into two: criminal law and civil law. Classify the following terms into the appropriate column below. Two terms can appear in both columns.

compensation contract crime damages family law

intellectual property plaintiff police private individual

prosecution the accused the defendant theft

to bring a case to bring an action to fine

to charge someone with something

Criminal Civil
to charge someone with something plaintiff

Now complete the following text contrasting criminal and civil law by choosing from the words/phrases above.

Criminal Law vs Civil Law

One category is the criminal law - the law dealing with crime. A case is called a _____________. The case is instituted by the prosecutor, who takes over the case from the _____________ who have already decided _____________ the defendant (or_____________) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of _____________ and __________________________. In a civil case, the _____________, normally a_____________ ____________or company, __________________________ to win_____________. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff_____________(money).

 

Notice the distinction between damage and damages. Damage (uncountable singular) refers to physical harm; damages (uncountable plural) refers to financial compensation that a person claims for injury or harm that has been suffered.

 

Legal professionals

12. Every legal system needs professionals to provide legal services. These systems are organized in many different ways. In England this work is carried out by two groups of professionals - solicitors and barristers.

Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.

advising clients on general legal issues

advising clients on specialist legal issues

advising on litigation advising on tax matters

advocacy in all courts advocacy in the lower courts

commercial work conveyancing of houses

dealing with commercial transactions

drafting of documents in connection with litigation

making wills preparing cases

share and other property dealings

 

Solicitors Barristers
advocacy in the lower courts advocacy in all courts

A solicitor is a man who calls in a person he doesn't know to sign a contract he hasn't seen to buy property he doesn't want with money he hasn't got.'

Attributed to: Dingwall Bateson (1898-1967), British lawyer

 

Prepositions at law

13. Every area of English has its own specialist use of prepositions. Law is no exception.

A. Below are some typical legal phrases. What preposition do you use with the following phrases?

1 to accuse someone of something

2 to be liable_____something

3 to sentence someone_____a punishment

4 to claim damages_____something

5 to be entitled_____compensation

6 to bring a case_____someone

7 to be guilty_____an offence

8 to fine someone_____something

 

В. Now complete the following texts with the above phrases. Use each phrase once in the past tense. Write one word in each gap.

In Court 1, the Police Prosecutor accused Mary Philips _________ disorderly behaviour. A number of witnesses were called to give evidence. Finally, the magistrate decided that Philips ____________________________ the charge but did not _________her _________ prison. Instead, he _________ her _________her behaviour. In Court 2, John Peters __________ __________ _________ ________ his employer. He___________________ _________ a serious injury at work. The judge decided that his employer ____________________________ the injury and ruled that Peters ____________________________ substantial damages.

 

At trial

14. The climax of the legal proceedings is the trial. Read the following text about the trial and the answer the true/false questions below the text.

A trial may be defined broadly and comprehensively as a judicial examination of the issues between the parties. Although some variations may exist, trials are usually held before a judge sitting alone, a referee, or a judge and jury. The counsels for the prosecution and for the defence make opening statements to the jury, outlining what each sees as the nature of the case and what each hopes to prove as the trial proceeds. Next, the counsel for the prosecution presents his case by calling witnesses, questioning them, and permitting them to be cross-examined by the counsel for the defence. The counsel for each side then makes a closing argument to the jury, summarizing the evidence in a light most favourable to their respective clients. The function of the jury is to determine the facts of the case, whereas the function of the judge is to determine the applicable law and to oversee the parties' presentation of the facts to the court. After the judge has instructed the jury on the applicable law, the jury will retire to deliberate in private until it reaches a just verdict, which will then be announced in open court. The verdict of a jury terminates the trial. In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

Most words ending in -ly are adverbs. However there are some adjectives ending in -ly, like disorderly.

 

1. Criminal trials are always held in front of a jury. False

2. A judge may sit alone to hear a legal case. ______

3 At the beginning of the trial both counsels outline their case.

4 The counsel for the defence may cross-examine prosecution witnesses.

5 The function of the jury is to decide the applicable law.

6 The judge may intervene if the counsels on either side fail to observe the court procedures.

7 The judge advises the jury on the law relevant to the case..

8 The jury discusses their verdict in open court.

 

Name the crime 1

15. The names of twenty-two crimes are given below. The list gives the definitions of the same crimes. Match the crimes to their definitions. The first one has been done for you: the crime of assault is "acting in such a way as to make someone believe he or she will be hurt"

 

arson assassination assault bigamy blackmail bribery burglary embezzlement espionage extortion forgery fraud libel manslaughter murder perjury piracy robbery slander smuggling theft treason

 

1. assault acting in such a way as to make someone believe he or she will be hurt

2.__________________betraying your country to a foreign power

3.__________________copying patented inventions or copyrighted works

4.__________________entering a building illegally and stealing things

5.__________________setting money from people by threatening to publicise facts they do not want revealed

6.__________________getting money from people by using threats

7.__________________getting property or money from people by making them believe untrue things

8.__________________going through a ceremony of marriage when you are still married to someone else

9.__________________killing a public figure illegally and intentionally

10._________________killing someone illegally and intentionally

11._________________killing someone unintentionally or in mitigating circumstances

12._________________making an illegal copy of a banknote or document

13._________________offering money corruptly to get someone to do something to help you

14._________________saying something which damages someone's character

15._________________setting fire to a building

16._________________stealing something by using force or threatening to use force

17._________________stealing, taking property which belongs to someone else

18._________________taking goods illegally into or out of a country

19._________________telling lies when you have sworn an oath to say what is true in court

20._________________trying to find out secrets by illegal means

21._________________using illegally or stealing money which you are looking after for someone else

22._________________writing, publishing or broadcasting a statement which damages someone's character

 

Name the crime 2

Defence

16. Below are 10 statements by defendants. Read the statements and say what crime has each one been accused of.

1. "I arrived home late and found that I'd forgotten my keys. I didn't want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We've just moved house and I didn't realise I was in the wrong street...

2. "I was walking my dog when I saw the gun lying on the ground. I picked it up - it was still warm - and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That's when the police arrived...

3. "I opened the bank account in a false name as a way to help my employer pay less tax- It's perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance…

4. "OK, so there are a hundred and twenty-three copies of Four Weddings and a Funeral. That's perfectly true, but I had no intention of selling them. I'm a collector.

5. "Well this obviously isn't my suitcase. I've never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That's probably how the two cases got mixed up. After all, JA aren't very unusual initials. A photograph with me in it? My word, that's incredible! It must be someone who knows me...

6. "I didn't know she was still alive, I thought she'd died in a car accident. I couldn't believe it when I saw her walk into the room. Surely you don't think I did this just to get your money...?

7. "You misunderstand me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children, etc. It isn't easy and I know that. I just wanted to help. I didn't expect him to do anything in return...

8. "After leaving the office I realised I'd forgotten my umbrella. I went back in to get it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office;. I didn't even look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase - intending to use the other side as notepaper. I don't believe in wasting paper. At that moment Mr Sanders came out of his office...

9. "I painted them for pleasure. I had no intention of deceiving people. I never said they were by other people. Yes, I did include the signatures of other artists but that's because I wanted them to be perfect copies...

10. "Mr Wills sent me the money to help me in my business venture - I'm trying to start a design agency. He sent me cheques every month for $1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn't write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.

Useful verbs at law

17. All the verbs below relate to legal matters. Use the past tense forms to complete the sentences. The first one has been done for you as an example.

accuse acquit arrest award confess charge drop engage fine grant imprison plead release seize serve

 

1. After six hours of questioning the accused man confessed

2. The government_______________an amnesty to all political prisoners.

3. Her boss_______________her of stealing £250

4. The secret police_______________him for six months in a high security jail.

5. We_______________the best commercial lawyer we could find to represent us but we still lost the case.

6. The prisoner_______________guilty to all charges.

7. On 12 August they_______________him with murder.

8. The policeman stopped the car and_______________the driver.

9. The president_______________the opposition leader from prison.

10. The court_______________him £2,500 for obtaining money by false pretences.

11. After consideration, the plaintiff_______________the case against his neighbour.

12. The customs_______________the shipment of books.

13. He_______________six months in a local prison.

14. The Crown Court_______________the plaintiff £75,000 in damages plus costs.

15. Two of the men were sent to prison, but the judge_______________the third.

Adjectives at law

18. All the adjectives below are connected with legal matters. Use them to complete the sentences. The first one has been done for you: a preliminary hearing is held before a court case to determine if the whole case should be tried or just some issues.

bankrupt civil concurrent consecutive exemplary exempt flagrant germane hostile intentional joint liable out-of-court overdue preliminary

 

1. After the preliminary hearing the judge decided that it was not necessary to try the whole case.

2. Although it was her first case her conduct of it was_________________and she was complimented by the judge.

3. As chairman he was personally_________________for the company's debts.

4. Before leaving the country, the husband took all the money from their_________________bank account.

5. Giant Inc has offered £500,000 compensation and they are hoping to reach an_________________settlement this week.

6. He was given two_________________jail sentences of six months in December, so he will be free by June at the latest.

7. He will obviously be found guilty, it is a_________________case of corruption.

8. His business was unsuccessful and after only two years he was_________________.

9. Interest payments on the debt are three weeks_________________and must be paid immediately.

10. Mr and Mrs Lewes brought a_________________action against the airline for ruining their holiday.

11. Non-profit making organisations are_________________from tax.

12. The defendant's wife was ruled a_________________witness by the judge and cross-examined by the defence.

13. The prosecution claimed that their abusive treatment of the child was an act of_________________cruelty and not simply the result of a momentary passion.

14. They were given two_________________jail sentences of two years, so they will be in prison for up to four years.

15. Your argument is not_________________to the motion and I suggest we return to the business in hand.

 

Opposites

The words below are all from the world of law. Match them into twelve pairs with opposite meanings and write them in the table. The first one has been done for you as an example: guilty and innocent are opposites.

 

 

Complete these twelve sentences. Use one word from each pair of opposites. The first one has been done for you as an example.

 

1. He was found guilty and sentenced to two years in prison.

2. There was insufficient evidence for the court to________________her.

3. As the accused was seriously ill. The judge decided to ___________ the trial until the 23rd.

4. The_________________says he cannot pay the amount the court has awarded.

5. According to the terms of the contract, if the________________doesn't pay the rent for two months he can be evicted.

6. The police were accused of using torture to make suspects __________.

7. Before you ________________such a large amount of money, are you sure you can repay it?

8. He brought a ________________action against the company, claiming that the accident had been caused by a manufacturing fault in the automobile.

9. He has served twelve years in prison and the authorities will________________him tomorrow.

10. The________________case is that the accused could not have committed this crimes as he was in Glasgow on the day in question.

11. I'm afraid I'll have to________________our meeting on the 16th - I have to go to Berlin on that day to see a client.

12. The question is this: when he left the gun in the room was it a________________plan or a moment of carelessness?

Useful verbs at law 2

All the verbs below relate to legal matters. Use them to complete the sentences. You may have to change the forms of the verbs to fit the grammar of the sentences*. The first one has been done for you as an example.

advise appeal commit disclaim disclose embezzle establish follow impose legislate manipulate offer preclude prevent value

 

1. He disclamed all knowledge of the robbery until £250,000 in cash was found in his house.

2. He is_______________us £ 100,000 for the house, which is £ 10,000 less than we wanted.

3. He says he's innocent and he's going to_______________to the supreme court against the decision.

4. He was sent to prison for six months for_______________his clients' money.

5. I believe that they are_______________the accounts to make the company look more profitable.

6. In my opinion they'll_______________the business at about £2m.

7. Our solicitor has_______________us to take the documents to the police.

8. Parliament has_______________against the sale of drugs.

9. The bank has no right to________________details of my account to the tax office.

10. The business was_______________in 1881.

11. The court has_______________the precedent set in the 1972 case.

12. The magistrate_______________a fine of £150.

13. The gang had_______________six robberies before they were caught.

14. They have changed the locks on the building to_______________the former managing director from going in.

15. This agreement does not_______________further agreements between these parties in the future.

 

Individual Task (Reading)

Read the text and learn new words. Get prepared to write a test.







Что делает отдел по эксплуатации и сопровождению ИС? Отвечает за сохранность данных (расписания копирования, копирование и пр.)...

ЧТО ПРОИСХОДИТ ВО ВЗРОСЛОЙ ЖИЗНИ? Если вы все еще «неправильно» связаны с матерью, вы избегаете отделения и независимого взрослого существования...

Что делать, если нет взаимности? А теперь спустимся с небес на землю. Приземлились? Продолжаем разговор...

Живите по правилу: МАЛО ЛИ ЧТО НА СВЕТЕ СУЩЕСТВУЕТ? Я неслучайно подчеркиваю, что место в голове ограничено, а информации вокруг много, и что ваше право...





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