Points of contact

Nevertheless there are many points 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 — 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 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 will not automatically be found liable in a civil action about the same matter, his chances of avoiding civil liability are not good. This is because the standard of proof in the civil case is lower than it was in the criminal case. The plaintiff will therefore make sure any information about a relevant criminal case is passed to the civil court.

It is also possible in English law to bring a civil action against the police. Sometimes this is done by someone who was mistreated when questioned by the police about a criminal case.

Match the words and word combinations from the text with their Russian equivalents:

1. to administer property	a) иметь основания
2. legal remedy 3. to pay a fine	b) судебное разбирательство, процесс; суд
4. to pursue a claim	c) признать виновным/невиновным
5. to have a reason	d) средство судебной защиты
6. to bring/start a criminal/civil action	e) не повиноваться решению суда
7. a trial	f) распоряжаться собственностью
8. to find guilty / innocent	g) избегать ответственности
9. to prove one's case	h) платить штраф
10. to disobey court 11. to avoid liability	i) завести уголовное/гражданское дело
12. to be mistreated	j) подвергаться незаконному обращению
	k)предъявлять иск
	l)доказать правоту, выиграть дело

Look through the text once again and decide if the following statements are true or false. Justify your choice.

1. There is not any distinction between civil law and public law.

2. The victim of the crime pursues his claim for compensation in a civil, not a criminal, action.

3. The standards of proof are equal in a criminal action and in a civil one.

4. Criminal and civil procedure are the same.

5. The English Crown Court deals exclusively with either criminal or civil matters.

6. The party bringing a criminal action is called the prosecution, but the party bringing a civil action is the plaintiff.

7. Evidence from a criminal trial is always admissible as evidence in a civil action about the same matter.

8. The amount of money, or damages which the defendant should pay to the plaintiff is not the main argument in a civil court.

9. Disobeying any court may constitute criminal conduct.

10. The guilty defendant in a criminal case will automatically be found liable in a civil action about the same matter.

Here is some more information about civil and criminal law.

TEXT 2

Law is classified as civil or criminal depending on the subject matter of the dispute and the legal consequences which result from the dispute.

Criminal law

A crime is regarded as a wrong done to the state. Prosecutions are usually commenced by the State, although they maybe brought by a private citizen. If the prosecution is successful the accused person (the defendant) is liable to punishment. Some crimes, for example, rape, have specific victims. Others, for example, treason or speeding, can be committed without causing loss to any particular person. If there is a victim the defendant will not usually have a say in whether or not a prosecution is brought, nor will he benefit from a conviction, since fines are payable to the State.

Prosecutions involving most serious offences, known as indictable offences, are brought in the name of the Queen / the State. Prosecutions of less serious offences, known as summary offences, are usually commenced in the name of the actual prosecutor (normally a police officer).

Civil law

Civil actions may be commenced by any person who seeks compensation for a loss which he has suffered. If the plaintiff is successful he will usually be awarded damages. The damages must be paid by the defendant. Their purpose is to compensate the plaintiff for his loss rather than to punish the defendant.

The categories of civil law:

· Contract determines whether promises made by persons are enforceable.

· Tort is defined as the breach of the general duty imposed by law (e.g. the duty not to be negligent or not to trespass on another person’s property).

· Property law relates to the ownership and possession of goods.

· Company law regulates the relationship that a company has with its directors, shareholders, creditors and employees.

· Commercial law covers contractual matters relating to business transactions (e.g. sale of goods, consumer credit, cheques).

· Employment law involves contractual relationships between the employer and employee. It also includes redundancy, unfair dismissal, and health and safety at work.

· Family law includes the law relating to marriage, divorce, nullity, guardianship and legitimacy.

Give Russian equivalents for the following legal terms from the text:

1. a wrong done to the state, 2. to commence / bring prosecution, 3. the defendant is liable to punishment, 4. to have a say, 5. to benefit from a conviction, 6. indictable offences, 7. summary offences, 8. in the name of, 9. to suffer a loss, 10. to impose duty, 11. contractual relationships, 12. nullity (of marriage), 13. guardianship, 14. legitimacy (in family law).

DISCUSSION

1. Find additional information to define whether the statements given below comply with the legislation of the Republic of Belarus. Ground your opinion:

1. Prosecutions are usually commenced by the State, although they may be brought by a private citizen.

2. If there is a victim the defendant will not benefit from a conviction, since fines are payable to the State.

3. Prosecutions involving most serious offences, known as indictable offences, are brought in the name of the State.

4. Prosecutions of less serious offences, known as summary offences, are usually commenced in the name of the actual prosecutor (normally a police officer).

5. Civil actions may be commenced by any person who seeks compensation for a loss which he has suffered.

6. Employment law involves contractual relationships between the employer and employee.

2. Get ready to discuss the issues below. Use additional information if necessary. Remember to use as many legal terms as possible while discussing the issues.

1. Point out major differences between public and civil law. Dwell on their main categories.

2. Explain differences between the criminal and civil procedures.

3. Compare the principles of “proof beyond reasonable doubt” and “proof on the balance of probabilities”.

4. Dwell on points of contact between criminal and civil law.

5. Draw a plan of the court system in the Republic of Belarus, showing:

· which legal system it can be referred to;

· which courts have civil functions and which have criminal functions;

· what common and specific features it has as compared to a similar legal system.

UNIT 4

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