fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But victim of the crime pursues his claim for compensation in a civil, not a criminal, action. The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison or, in some countries, executed. In English law the prosecution must prove the quilt of a criminal «beyond reasonable doubt»; but the plaintiff in a civil action is required to prove his case «on the balance of probabilities».
Criminal and civil procedures are different. In Anglo-American law, the party bringing a criminal action (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. Sanchez would be described as «the people vs. (= versus, or against) Sanchez» in the United States and «R. (Regina, that is, the Queen) vs. Sanchez» in English. But a civil action between Ms. Sanchez and a Mr. Smits would be «Sanchez vs. Smith»
Nevertheless there are many point of contact, between criminal and civil law. In most countries if the loser in a civil case refuses to comply with the order made against him – for example, pay money to the winner of the action – the procedures for forcing him to comply may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find lie or she not only has to play the damages originally ordered by the court, but a criminal penalty as well.
Although the guilty defendant in a criminal case will not automatically be found liable in a civil action about the same matter, but his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than it is in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.
Comprehension questions
1.What can you say about the standards of proof in a criminal action and in a civil one?
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2.May the prosecution and the plaintiff be called the defendant in law action?
3.Could you give any examples of points of contact between criminal and civil law?
4.How must the quilt of a criminal and a civil action be proved in English law?
5.Has the guilty defendant in a criminal case any chances to avoid civil liability?
Text 4 Differences in Procedure
punishment (for) - наказание pursue - преследовать
penalty – наказание, взыскание admissible - допустимый liable – вероятный, возможный sentence - приговор
imprisonment – тюремное заключение
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal «beyond reasonable doubt»; but the plaintiff in a civil action is required to prove his case «on the balance of probabilities». Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But, in a civil case, the court will weigh all the evidence and decide what is most probable.
Criminal and civil procedure is different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
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Some courts, such as the English Magistrate 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.
Evidence from a criminal 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 then 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 which the defendant should pay to the plaintiff.
Comprehension questions
1.Why are the standards of proof in a criminal action higher than in a civil one?
2.Do you consider it is fair to prove a civil action «on the balance of probabilities»?
3.Can the guilt of a suspect in criminal action be proven if a judging person has a feeling or intuition for the guilt?
4.What is the main difference between criminal and civil procedure?
5.Can the defendant in a civil court be sentenced to the imprisonment?
UNIT 5 CIVIL LAW
Text 1 Civil Law prominence – выдающееся положение
to distribute - распределять influential - влиятельный
despite (of) – вопреки, несмотря на adversary – противник, враг
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generalities – общие места, обобщения inquisitorial – пытливый, любознательный predetermined - предопределенный
scope – 1) границы, масштаб 2) возможности to deal with – иметь дело с, работать с чем-либо distinguish (from) – отличие (от)
Civil law is the dominant legal tradition today in most of Europe, all of Central and South America, parts of Asia and Africa, and even some discrete areas of the common-law world (e.g., Louisiana, Quebec, and Puerto Rico). Public international law and the law of the European Community are in large part the product of persons trained in the civil-law tradition. Civil law is older, more widely distributed, and in many ways more influential than the common law. Despite the prominence of the civil-law tradition, judges and lawyers trained in the commonlaw tradition tend to know little about either the history or present-day operation of the civil law. Beyond the most basic generalities - e.g., the common law follows an “adversarial” model while civil law is more “inquisitorial,” civil law is “codebased,” civil-law judges do not interpret the law but instead follow predetermined legal rules - judges and lawyers from the United States seldom have any deeper sense of the civil-law tradition. This overview is designed for judges and lawyers who seek to expand their knowledge of the civil-law tradition and who might wish to consider the civil law system as a source of legal reforms. The scope of this paper is necessarily limited. Each civil-law country has developed its own distinct legal system that draws on the rich history of the civil law, and it is not possible to discuss here such variations in detail. Moreover, this discussion does not attempt, except in a most general way, to deal with the substantive law of the civil-law systems, which can differ markedly between individual countries and also from that of common-law countries. Instead, it focuses on general features that distinguish the civil-law tradition from the common-law tradition. Particular references are made to the civil-law systems of France and Germany and to two
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systems in Latin America, those of Chile and Brazil, because of their strong influence on many other systems.
Comprehension questions
1.Why is civil law in many ways more influential than the common law.
2.In what terms could you define the civil law?
3.Is civil law universal in the legal systems of various countries?
4.What countries had great influence on many other civil-law systems?
Text 2 Torts tort – деликт, гражданское правонарушение defamation - клевета
file a suit – тяжба, процесс
trespassing – посягательство, злоупотребление to undergo – испытывать, переносить negligent – небрежный, халатный
strict liability – строгое обязательство, задолженность diligence – прилежание, усердие
to encompass - окружать occur – случаться, происходить
to purchase – покупать, приобретать peeler – инструмент для удаления шелухи pollution - загрязнение
the release of toxins – выброс токсинов to adhere – придерживаться чего-либо
Tort law is a streamline of law which covers issues of civil wrongs like defamation, and the other actions involving law violations. In case a person has undergone a physical, legal or any economic harm then he can file a suit under the
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