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Procedural law

Procedural law deals with methods of enforcing legal rights and duties. Laws, which specify how and when police can make arrests and what procedures can be used in a trial are procedural laws. In contrast, substantive law defines rights and duties; it is concerned with all rules of conduct except those involved in enforcement.

There are two types of procedural law - civil procedure and criminal procedure. Criminal procedure defines the process for enforcing the law when someone is charged with a crime. A crime is an offense against society, as well as a violation of the rights of the victim. Because a crime is an offense against society, representatives of society such as city police, the state highway patrol, or FBI agents investigate the alleged criminal conduct and try to arrest and imprison those who commit criminal acts. Other representatives of society - city prosecutors, state attorneys general, or U.S. attorneys try to convict the alleged offender during a criminal trial. The law of criminal procedure controls each of these activities.

Civil procedure is used when a civil law has been violated. Civil law is concerned only with private offenses.

These are offenses against a particular person who has been injured. When a civil law is violated, the injured party uses civil procedure to protect his or her rights, primarily through a civil trial. Since civil matters involve a private offense, police and public prosecutors generally do not involve themselves in the dispute.

One act may be both a crime and a civil offense. That is, one act may violate the criminal laws and at the same time violate the civil laws by causing a private injury.

Вариант III

1. Установите соответствия между фразами и словами:

a) to appeal 1. Deposit of money to guarantee appearance at one’s trial.

b) to prosecute 2. First ten amendments to the U.S. Constitution.

c) punishment 3. Take a question (to a higher court) for rehearing and a new decision.

d) Bill of Rights 4. Penalty inflicted for wrongdoing.

e) bail to school. 5. To start legal proceedings against somebody.

2. Переведите предложения:

1. The Supreme Court is the highest judicial organ of the USA and it meets in the Supreme Court building in Washington.

2. The district court is the only Federal court where trials are held, juries are used and witnesses are called.

3. Before the trial the judge and the lawyers question members of the jury to find out if they have any personal interest in it, or any feelings that might make it hard for a juror to be impartial.

4. Members of the jury take an oath to answer all questions completely and honestly.

5. Nowadays the basic modes of punishment in England are custody, probation and fine.

3. Перепишите предложения в пассивном залоге и переведите их:

1. Someone has given him a lot of money.

A lot of money …

2. The police arrested two hundred people.

Two hundred people …

3. They opened the prison at nine o’clock.

The prison …

4. We send two million fingerprints to the FBI.

Two million fingerprints …

5. They have invited five witnesses to the police station.

Five witnesses …

4. Поставьте предложения в отрицательную форму и переведите их:

1. They made a plan of an assault.

2. I’ll help you to preserve public order.

3. The police officer examined the crime scene.

4. The car had gone when I looked into the street.

5. He has just given the first aid.

5. Задайте все возможные вопросы к предложениям и переведите предложения:

1. My mother conducts the last interrogation.

2. They arrested him four days ago.

3. We’ll identify the offender.

6. Перепишите каждое предложение как утвердительное, вопросительное или отрицательное согласно указанию и переведите эти предложения:

1. Detectives searched and seized stolen property and instruments of the crime. (negative)

2. The Moscow Law Institute trains lawyers for Moscow and Moscow region. (question)

3. Do we study many special subjects at our College? (positive)

4. They interrogated criminals. (negative)

5. The investigator has just examined the crime scene very carefully. (negative)

7. Поставьте глаголы в скобках в соответствующую временную форму и переведите предложения:

1. She (to come) to the court a minute ago.

2. He (to read) the documents of the criminal case last week.

3. I never (to be) to Washington.

4. You ever (to see) the offender?

5. I (to call) the police an hour ago.

8. Раскройте скобки. Переведите предложения, обращая внимание на придаточные предложения условия и времени:

1. If you (to help) me, we (to catch) the criminal.

2. When the police officer (to collect) the facts, he (to prove) the innocence of this person.

3. You (to go) home as soon as the operator (to arrest) the criminal.

4. Don’t phone us until you (to collect) enough evidence.

5. Before Tom (to leave) he (to let) you know.

9. П ереведите предложения:

1. The police must investigate the murder committed by the notorious gang.

2. A person convicted by a Magistrates' court may appeal to the higher court.

3. You should go to the passport office today.

4. We can go to the court tomorrow.

5. According to our information, the President ought to be reelected.

Дата добавления: 2015-08-13