Материал: Uchebnik_dlya_sud_expertov

UNIT 3. CRIMINAL AND CIVIL PROCEDURE

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1.“law” . , ,

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•a law/the law – a rule that people in a particular country or city must obey. There ought to be a law against smoking in public places.

•law/the law (no plural form)– the whole system of rules that citizens of a country must obey. Discrimination in any form must be against the law.

•law (no plural form) - a particular type of law, usually used in the names of branches of law, e.g. criminal law, land law etc. I’m going to chose business law as my major.

1.All citizens of one country must be equal before the law.

2.Those people who break the law must be punished.

3.We should pass a new law to solve this problem.

4.According to law every citizen has to pay taxes.

5.Some bills proposed by the government will never become laws.

6.In some countries there is a law which allows citizens to carry guns.

7.Criminal law deals with types of crimes and punishment for them.

8.The law on compulsory seat belts has been a success.

9.Respect for law is the foundation of every civilized society.

10.The soldiers will be charged under military law.

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1.I have a lot of work.

2.There are a lot of branches of law.

3.I don’t have much work at the weekend.

4.There are not many employees in this company.

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Most countries ( ) 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 ( -

). But the victim of the crime ( ) in a civil, not a criminal, action. (' ) 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 ( «

»); but the plaintiff in a civil action is required to (

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Criminal and civil procedures are different. In Anglo-American law, (

) [the state] is called the prosecution, but the party bringing a civil action is ( ). 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 England. But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez vs. Smith".

Nevertheless there are many point of contact between criminal and civil law. In most countries if the loser of a civil case refuses to comply with the order made against him—for example, to pay money to the winner of the action—( ,

) may result in a criminal prosecution. Disobeying any court may constitute criminal conduct, and the disobedient loser of a civil action may find he or she not only has to pay the damages originally ordered by the court, but a criminal penalty as well.

Although the guilty defendant in a criminal case (

), 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.

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1.A criminal case is brought by ____________.

2.The person is charged with the criminal offence is _____________.

3.The party bringing a civil action is _____________.

4.A successful criminal prosecution will result in ____________.

5.If the plaintiff is successful the defendant will be found __________.

6.The plaintiff is required to prove his case ____________.

7.The prosecution must prove the guilt of the defendant _______________.

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The system of law.

The common divisions of a system of law.

The difference between public and private law.

The difference between substantive and procedural law.

The difference between domestic and international law.

UNIT 4. INTELLECTUAL PROPERTY LAW

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INTELLECTUAL PROPERTY

In general, it is not against the law to steal someone else's ideas. If a man I meet in a bar tells me how people can become rich, and I publish a bestselling book based on his ideas, I do not have to pay him any money or even mention his name in the book. But most countries do place legal limits on copying the exact words someone has written, the art or music they have created, or the technology they have invented. Such work is known as intellectual property. The main legal instruments for protecting it are patents and copyrights.

In order to prevent a new discovery or scientific process from being copied, it is necessary to apply for a patent. If granted, a patent makes it illegal for others to manufacture or use the invention without permission. However, a patent will only be granted if the invention has not yet been shown in public and if it has industrial application. Ideas—mathematical and scientific theories, for example—cannot be patented. The patent must be carefully worded since it may be possible for someone to copy any part of the process or invention not mentioned in the patent.

Literature, artistic works, computer programs, movies and radio and television broadcasts cannot be patented, but they can be protected by copyright. In most countries, such work is automatically protected when it is created; there is no need to apply for or to register copyright. It is usual to record the date of creation and mark it with the international copyright symbol ©, but this is not essential.

As with other kinds of property, intellectual property can only be protected if ownership is clear. The holder of a patent is often a company rather than the individual scientists inventing something in the course of their work. A copyright is usually owned by the creator of the work— the writer, painter or musician—but like other property, it might be passed to someone else. If a journalist is employed by a newspaper then the articles he writes are usually the copyright of the newspaper owner. The copyright in a movie is owned by the film maker, not by individual writers or performers. The copyright in the book is held by the publishers who commissioned it.

In recent years it has been difficult for intellectual property law to keep pace with technological change. Video recording, satellite television, and the use of computers have expanded so rapidly that it is becoming difficult to control copying. The main emphasis of recent laws is not to prevent people from copying, but to ensure they pay for doing so.

The laws of intellectual property usually require anyone wanting to copy something to ask permission from the holder of the patent or copyright. In the case of small-scale use of artistic work,

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