VII. Civil procedure in the USA.

VI. Law system in Ukraine.

1) What is law? Law is a system of rules established by the state.

2) What is the main aim of law?

The main aim of law is to consolidate and safeguard the social and state system and its economic foundation.

3) What’s the difference between private (or civil) law and public law?

Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.

4) What categories of law does the system of law in Ukraine consist of?

The system of law in this country consists of different categories of law: Constitutional law, Administrative law, International law, Civil law, Financial law, Labour law and others.

5) What is the principal source of Constitutional 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.

6) What category of law is closely connected with Constitutional law?

Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.

7) What does Criminal law define?

Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals.

8) What kind of relations does International law regulate?

International law regulates relations between governments and also between private citizens of one country and those of another.

9) What does Financial law regulate?

Financial law regulates the budget, taxation, state credits and other spheres of financial activity.

10) What is Civil law connected with?

Civil law is connected with relations in the economic sphere of life, with relations involving property, its distribution and exchange. The right to property is the central institution of civil law.

11) What rules does Labour law include?

The rules of Labour law include the legislation on the employment of industrial and office workers and regulate matters arising from employment relations.

VII. Civil procedure in the USA.

To begin a case the plaintiff should file a written statement of his complaint in a court. The complaint should contain: 1) a short and plain statement of the claim which shows that the plaintiff is entitled to relief, and 2) demand for the kind of relief. This “relief” might be payment of a special amount of money or a court order. The defendant should know that he is sued. The court sends him the summons. The summons includes the copy of the complaint and information when and where he should come to court.

There are several kinds of jurisdiction. “Subject matter jurisdiction” is the power of a court to deal with particular kinds of cases. “Monetary jurisdiction” is minimum or maximum dollar limit on civil cases that a particular court can handle. “Territorial jurisdiction” is the geographic extent of a court’s power. The case should be brought in the court that has jurisdiction to hear it.

1) What should the complaint in a civil case contain?

2) What does the summons include?

3) What is subjectmatter jurisdiction?

4) What is monetary jurisdiction?

5) What is territorial jurisdiction?

VIII. Criminal procedure in the USA.

There are four common ways to begin a criminal case:

1) A criminal case can begin when a person goes to the court and files a complaint that another person has committed an offence. The complaint is followed by an arrest warrant. A warrant is executed by arresting the defendant and talking him into custody.

2) Instead, a summons may be served on the defendant by a peace officer. A summons tells the defendant when and where he must appear in court. It is delivered to the defendant without placing him under arrest.

3) A criminal case can begin with an indictment made by a grant jury. Like a complaint an indictment is an accusation of felonious conduct.

4) A criminal case can begin with an arrest without a warrant. Under certain circumstances, a person can be arrested by a peace officer or a private citizen. This is known as a citizen’s arrest. Filing the complaint after the arrest is necessary because is formally begins the criminal case in the court.

Дата добавления: 2015-08-13