Alternative dispute resolution

Alternative dispute resolution suggests a variety of techniques for resolving disputes without the need of conventional litigation. It may include mini-trial (a shortened simplified form of court hearing), informal methods of arbitration and structured forms of conciliation using a specially trained mediator acting as a go-between.

In the field of commerce many parties prefer to refer their disputes to arbitration rather than to have them resolved in court. The parties agree to place their dispute in the hands of an independent third party and invest him with the power to decide the issue. The main advantages of arbitration are that the proceedings are in private and that the arbitrator will have special knowledge of the particular trade or business. Arbitration may also be faster and cheaper than court procedure, but this is not necessarily the case, since it may take several months for the parties to agree on an arbitrator and arrange proceedings, and arbitrator’s and lawyer’s fees can be very high. The parties may appoint any person they wish to act as arbitrator. Lawyers are often appointed, but in some cases a person with relevant technical knowledge is appointed.

An arbitrator is bound to apply the law accurately, he is subject to extensive control of the courts, with respect to both the manner in which the arbitration is conducted and the correctness of the law applied. The judgement of an arbitrator is called his award and is subject to an appeal to the high Court on a question of law.

Consent to arbitration by a state can be given in three ways:

· By inclusion of a special arbitration clause in a treaty;

· By a general treaty of arbitration, which arranges arbitration procedures for future disputes;

· By a special arbitration treaty designed for a current dispute.

Complete the line of synonyms with the word from the text.

1. customary, habitual, traditional, ____________

2. appeasement, pacification, ____________

3. intermediary, moderator, ____________

4. dependent, subordinate, ____________

5. decision, judgement, verdict, ____________

6. permission, approval, sanction, ____________

Answer the questions:

1. What types of alternative dispute resolution can be used instead of conventional litigation?

2. What are the main advantages of arbitration?

3. To what control is the arbitrator subject?

4. What are possible variants to conduct arbitration?

DISCUSSION

1. Name differences between barristers and solicitors.

2. Dwell on the functions of the following legal officers: judges, magistrates, coroners.

3. Point out the characteristic features of the legalese and give reasons for the slow pace of modernizing legal language.

4. What is meant by saying: “In most legal systems, conversations between a lawyer and his client are privileged”?

5. Agree or disagree with the statement:

“A lawyer is a gentleman that rescues your estate from your enemies and then keeps it to himself”. (Lord Henry P. Brougham)

6. Find out the following information about the judiciary in the Republic of Belarus:

· Are the members of the judiciary appointed from practising lawyers or is there a career judiciary?

· What are the titles of the different classes of the judiciary?

· What procedures are necessary to become a judge?

· Do the same judges hear first instance cases and appeal cases?

· Do the same judges hear civil and criminal cases?

· Is there an equivalent group to the lay magistrates?

· Does the practice of alternative dispute resolution exist in the Republic of Belarus?Compare it with the above description by pointing out common and distinctive issues.

UNIT 6

CRIMINAL LAW

LIST OF WORDS

criminal offence	addiction (an addict)
criminal contempt	drug trafficking
criminal negligence	loan sharking
habitual criminal	access to confidential information
criminal liability	imprisonment
criminal record	acquittal, to acquit
civil wrong	by early parole
criminal proceedings	life sentence
sentence	penal law
legal consequences	to deter crime
positive law	death penalty
deliberate killing	life imprisonment
premeditated murder	solitary confinement
crime of aforethought	to put smb on probation
killing with intent (premeditation)	community service
principle of legality	corporal punishment
petty crime / offence	suspended sentence
grave crime	to ban smb from driving
attempted crime	to dismiss the case
infamous crime	felony
latent crime	misdemeanor
capital crime / punishment	disorderly conduct
compulsed participant in a crime	self-defence
confess to a crime	death penalty
crime difficult to trace	battery
crime instrument	bigamy
crime investigation	conversion
crime of aforethought	coup
crime scene	libel
crime suspect	manslaughter
crime victim	perjury
detected crime	slander
domestic crime	trespass
infamous crime	theft
juvenile crime	sedition
war crime	forgery
crime of passion	treason
to deter crime	murder
charge with crime	robbery
double jeopardy	assault
areas of authority	rape
statutes of limitation	arson
a life sentence	burglary
to claim jurisdiction	shoplifting
to extradite	larceny
ignorance of the law	theft
controversy	drug dealing
close scrutiny	mental incapacity
insanity-plea laws	insanity
mental incapacity	life imprisonment
negligence	solitary confinement
intention	to put on probation
recklessness	corporal punishment
to establish the offence	suspended sentence
court-martial	to acquit (acquittal – n)
confinement	cold-blooded murder
internment	accessory (before) after the fact
actus reus	aggravated assault
mens rea	housebreaking
to show evidence	cold-blooded murder
malice aforethought	conspiracy
avoid guilt	medical malpractice
duress	juvenile delinquency
mitigation	disorderly conduct
criminal liability	breach of the peace
aggravating circumstances	political assassination
malpractice	premeditated murder
indictable offenses	death penalty
negligent homicide	capital punishment
mercy killing	minor offences
accessory after (before) the fact	to execute
to outlaw	death prisoner
sumptuary laws	release by early parole
drug abuse	term of imprisonment

Ex. 1. Look through the list of phrases with the word “ crime ” in A and find their Russian equivalents in B. Make up your own sentences using them.

A	B
1. crime of aforethought	a) мелкое преступление
2. crime wave 3. attempted crime	b) покушение на совершение преступления
4. grave crime	c) преступление против всеобщих законов
5. infamous crime	d) трудно раскрываемое преступление
6. latent crime	e) предумышленное преступление
7. organized crime	f) организованная преступность
8. petty crime	g) преступление против собственности
9. crime difficult to trace	h) тяжкое преступление
10. crime against law of nations	i) волна, динамика преступности
11. crime against property	j) позорящее преступление
12. capital crime 13. desist from crime	k) отказываться от совершения преступления
14. capital crime 15. confess to a crime	l) преступление, караемое смертной казнью
16. crime instrument	m) скрытая преступность
17. crime investigation 18. crime scene	n) преступление, наказуемое смертной казнью
19. crime suspect	o) потерпевший от преступления
20. crime victim 21. detected crime	p) лицо, подозреваемое в совершении преступления
22. domestic crime	q) обвинять в совершении преступления
23. juvenile crime	r) вынужденный участник преступления
24. war crime	s) признаться в совершении преступления
25. charge with crime	t) расследование преступления
26. to deter crime 27. compulsed participant in a	u) преступление, совершенное несовершеннолетним
crime	v) военное преступление
	w) бытовое преступление
	x) орудие преступления
	y) сдерживать преступность
	z) место совершения преступления
	aa) раскрытое преступление

Ex. 2. Complete the following table.

crime	criminal	verb
murder	—	—
burglary	—	—
shoplifting	—	—
smuggling	—	—
kidnapping	—	—
terrorism	—	—
blackmail	—	—
forgery	—	—
assault	—	—
rape	—	—
arson	—	—
mugging	—	—
pickpocketing	—	—
drug-trafficking	—	—
blackmail	—	—
high-jacking	—	—
drunken driving	—	—
theft	—	—
robbery	—	—

Ex.3. In each group find an odd word and explain your choice.

1. blame — charge — prosecution — accusation

2. injure — hurt — harm — haunt

3. witness — testimony — confession — evidence

4. await — expect — estimate — anticipate

5. trial — inquest — ruling — inquiry

6. atrocity — barbarities — outrage — wickedness

7. legality — lawfulness — liability — validity

8. offence — crime — felony — equity

9. outdated — feeble — obsolete — stale

10. recognize — ostracize — accept — acknowledge

11. custody — testimony — captivity — internment

12. hearing — inquiry — inquest — request

13. persuasive — inductive — hypnotic — convincing

14. tribunal — court of law — court-martial — jailbird

15. appeal — prosecution — defense — custody

16. conclude — terminate — determine — close

17. allege — pronounce — declare — state

18. offence — crime — violation — casualty

19. surveillance — observation — surrender — watch

20. regulation — ordeal — rule — law

Ex. 4. Insert prepositions where necessary:

1. A military tribunal sentenced the terrorists ___ lifeimprisonment.

2. He was tried ___ court-martial and found guilty.

3. They are all ___ detention.

4. The appeal ___ the ruling will be heard next month.

5. You should allow six days ___ check clearance.

6. They tried to impose a ban ___ smoking.

7. The Supreme Court has just turned ___ our appeal.

8. Demands were made for the leader of the sect to be barred ___ Britain.

9. We should get papers ___ next Monday if we are lucky.

10. He died ___ detention.

11. She imposed severe discipline ___ her children.

12. Last week the suspect was finally put ___ custody.

Ex.5. Below are the word combinations with the word “ violence”. Insert suitable prepositions, and make sentences of your own using the phrases. Translate the phrases into Russian.

1. to resort ___ violence

2. to die ___ violence

3. to do violence ___ a superior

4. to handle smb ___ violence

5. to enter a house ___ violence

6. robbery ___ violence

Ex. 6. Take notice of the difference in the use of the following words:

1. imprisonment — the condition of being (put) in prison;

2. confinement — the condition of being confined in or to a place (e.g. solitary confinement);

3. custody — imprisonment under guard (until trial);

4. house arrest — confinement to one’s home;

5. captivity — the state of being a captive;

6. internment — the act of interning or the period of time during which a person is imprisoned.

Insert one of the above words to suit the situation:

1. His period of ______ was up, he was set free.

2. It has become a custom to raise wild animals in ______.

3. The government was afraid of mass protests if Defoe was imprisoned, so he was put under ______.

4. The “Solidarity” leaders were put in ______ camps.

5. Peter was remanded in ______.

6. The Colonel ordered to keep the Gadfly in solitary ______.

7. His ______ ended last night.

8. His sentence was ______ for five years.

9. The ______ of political prisoners without trial is quite common.

Ex. 7. A criminal is someone who commits a crime. Below are the word combinations with the word “criminal ”. Translate them and link each word combination to its definition.

Court of Criminal Appeal, criminal contempt, criminal negligence, criminal court, criminal forfeiture, criminal law, criminal lawyer, criminal procedure, criminal record, habitual criminal, criminal liability, war criminal

1. A barrister or solicitor who specializes in felonies and misdemeanours.

2. A person charged with or convicted of crimes against humanity.

3. Previous crimes of which an individual has been convicted.

4. Rules governing the investigation of crimes; the arrest, charging and trial of accused criminals; and the sentencing of those convicted.

5. One of the higher courts of law hearing cases sent up for review.

6. Disorderly behaviour, disrespect, or disobedience of a judge’s orders, particularly during a trial.

7. A person who repeatedly commits offences.

8. Where an individual fails to exercise a duty of care and the resulting action leads to the commission of a crime.

9. The branch of law which deals with felonies and misdemeanours.

10. Loss of property or a right as a consequence of an offence.

11. A court with jurisdiction to hear felonies and misdemeanours.

12. Responsibility for committing a crime (excluded persons include minors and the insane).

Ex. 8. Match the words with their definitions and learn them.

murder, intention, defence, duress, argue, self-defence, convince, mitigation, protect, violence

1. Actions or words which are intended to hurt people; extreme force.

2. The crime of intentionally killing a person.

3. To show disagreement, esp. strong disagreement, in talking or discussing.

4. Reduction in the severity of some penalty; making or becoming milder, less severe, or less painful; moderate.

5. Threats used to force a person to do something.

6. To keep (someone or something) safe from injury, damage or loss.

7. Protection of yourself, either by fighting or discussion.

8. Determination to do a specified thing or act in a specified way.

9. To make someone certain; to persuade.

10. An argument or explanation which you use to prove that you are not guilty of something.

Ex.9. Below are words denoting different types of legal offences. Match the words in the left hand column with their definitions.

arson, assault, battery, bigamy, burglary, conversion, coup, libel, robbery, manslaughter, perjury, rape, slander, treason, trespass, theft, sedition, forgery

1. A sudden action against the government to force it to be changed.

2. The offence of using force against any person, or putting them in fear of being subjected to force, in order to commit a theft.

3. The offence of giving false evidence.

4. A defamatory statement made in permanent form, such as writing, film, television or other public performance.

5. Sexual intercourse with another person without his/her consent.

6. The intentional or reckless destruction or damage of property by fire without the lawful excuse.

7. A defamatory statement made by such means as words or gestures not in permanent form.

8. An intentional or reckless act that causes someone to be put in fear of immediate physical harm.

9. Conduct comprising a breach of allegiance to the state.

10. A wrongful direct interference with another person or with his property without his consent.

11. The offence of making a “false instrument” in order that it may be accepted as genuine, causing harm to others.

12. Dishonestly taking something which belongs to someone else and keeping it; stealing.

13. The act of going through a marriage ceremony with someone when one is already lawfully married to someone else.

14. The tort of wrongfully dealing with a person’s goods that constitutes the denial of the owner’s rights.

15. Speaking or writing of words that are likely to incite ordinary people to public disorder or insurrection.

16. Homicide that does not amount to the crime of murder but is still neither lawful nor accidental.

17. Crime of illegally entering a place and stealing things.

18. The intentional or reckless application of physical force to someone without his consent.

Ex. 10. Match each person in the box with the description given below.

forger, hooligan, murderer, shoplifter, vandal, burglar, hijacker, pickpocket, smuggler, witness

1. This person takes control of a plane or boat by force ______.

2. This person sees what happens during a crime or accident. ______

3. This person brings goods into the country illegally. ______

4. This person might steal food from a supermarket. ______

5. This person kills someone on purpose. ______

6. This person makes illegal copies of paintings, documents etc. ______

7. This person damages other people’s property. ______

8. This person might steal your wallet in a crowd. ______

9. This person steals from houses. ______

10. This person causes trouble at football matches. ______

Ex. 11. Complete each part sentence with one of the endings.

1. I decided to buy a burglar alarm after someone broke ______

2. When Alan was stopped outside the supermarket he ended ______

3. After climbing over the prison wall, Peter managed to get ______

4. The old couple who live opposite were taken ______

5. At the end of the trial Hilary was found ______

6. My neighbours admitted denting my car but got away ______

7. The bank at the end of the street was held ______

8. Nobody saw Jack cheating and he got away with ______

9. The hijackers took fifteen people ______

a) in by a salesman who cheated them out of their money.

b) away by stealing a car parked nearby.

c) up at the police station, charged with shoplifting.

d) it, although everyone suspected what had happened.

e) into my house and stole my stereo.

f) with paying only £50 damages.

g) hostage and demanded £1,000,000 from the authorities.

h) guilty and sentenced to six months in prison.

i) up by two masked men last week

Ex. 12. Fill in the gaps with the necessary words from the box.

vagrancy, assassination, smuggling, highjack, embezzling, libel, blackmail, manslaughter, trespass, arson, theft, bigamy, kidnap, perjury

1. If your passport has been stolen, report the ______ to your nearest embassy immediately.

2. He was arrested in connection with drug ______.

3. The recent series of airplane ______.

4. Flowers were laid to commemorate the anniversary of ______ of John Lennon.

5. “If you don’t give me the money, I’m going to tell your wife.” “This is ______!”

6. Two managers were charged with ______ $400,000 over a ten-year period.

7. This ______ meant that no one must go inside the property because it was not public like a park, but private.

8. Holt sued the newspaper for ______.

9. The driver of the train was charged with the ______ of 13 people.

10. Do you realise that by lying to the court you have committed ______?

11. Police are treating the fire as a case of ______.

12. The growing numbers of the poor were reflected in begging, ______ and theft, all of which led to repressive reactions.

13. Green, who has five wives and 30 children, had been charged with four counts of ______.

14. Terrorists have ______ a French officer and are demanding $400,000 from the French government.

Ex. 13. What crimes are described in the following sentences?

1. The crime of being disloyal to your country or its government, especially by helping its enemies.

2. To take someone somewhere illegally by force, often in order to get money for returning them.

3. The act of murdering an important person.

4. When someone tries to get money from you or make you do what they want by threatening to tell other people your secrets.

5. The crime of being married to two people at the same time.

6. Disobedience or disrespect towards a court of law.

7. The act of leaving the army, navy etc without permission.

8. The criminal offence of living on the street and begging from people.

9. The crime of taking something illegally from one country to another.

10. When people risk money or possessions on the result of something which is not certain, such as a card game or a horse race.

11. An attack on someone in which they are robbed in a public place.

12. To steal money from the place where you work.

13. The crime of killing someone illegally but not deliberately.

14. The crime of threatening to attack someone physically and then attacking them.

15. An organized attempt to change the government or leader of a country, using violence.

16. Speech, writing, or actions intended to encourage people to disobey a government.

17. The crime of deliberately making something burn, especially a building.

18. The act or crime of stealing.

19. To go onto someone’s private land without their permission.

20. When someone writes or prints untrue statements about someone so that other people could have a bad opinion of them.

21. The crime of killing a child.

22. The crime of stealing money or things from a bank, shop etc, especially using violence.

Ex. 14. There are words denoting types of crimes in the box. Choose the suitable word for each definition. Mind that there are odd words in the box. Give Russian equivalents for the described crimes and classify each crime as violent or non-violent.

armed robbery, blackmail, vagrancy, arson, fraud, murder, speeding, shoplifting, burglary, assault, libel, theft, treason, sexual assault, assassination, money laundering, perjury, homicide, bigamy, drug dealing, forgery, parking, smuggling, battery, embezzlement, gambling, extortion, manslaughter

1. A generic term for the killing of another person.

2. Any instance in which one party deceives or takes unfair advantage of another.

3. Attempt to use illegal force on another person.

4. Attempt to use illegal force on another person in the absence of consent to sexual relations.

5. Attempt to transform illegally acquired money into apparently legitimate money.

6. Driving a vehicle in excess of the permitted limit.

7. Leaving one’s vehicle in an area or for a duration in contravention of the law.

8. Possession of and/or trading in illegal substances.

9. Taking the property of another without right or permission.

10. The actual use of illegal force on another person.

11. The crime of breaking into a private home with the intention of committing a felony.

12. The unlawful killing of a person with intent.

13. The unlawful killing of a person without malicious intent and therefore without premeditation.

14. The unlawful taking of another’s property using a dangerous weapon.

15. Setting fire to a building.

16. Going through a ceremony of marriage when you are still married to someone else.

17. Killing a public figure illegally and intentionally.

18. Getting money from people by using threats.

19. Telling lies when you have sworn an oath to say what is true in court.

20. Betraying your country to a foreign power.

21. Making an illegal copy of a banknote or document.

22. Using illegally or stealing money which you are looking after for someone else.

23. Taking goods illegally into or out of a country.

24. Getting money from people by threatening to publicise facts they do not want revealed.

25. Writing, publishing or broadcasting a statement which damages someone’s character.

Ex. 15. Here is the story of a very unfortunate, irresponsible man called Mr N. E. Body. Imagine that he was stopped by the police at each and every point of the drama. Read about what happened and, after each piece of information you receive, decide what punishment he deserves.

Here are some of the sentences you might wish to hand out:

You might feel the ¹⁾ death penalty is in order, or ²⁾ life imprisonment, even ³⁾ solitary confinement. You could put him ⁴⁾ on probation, give him ⁵⁾ community service or ⁶⁾ impose a fine — anything from $10 to $ 1,000. You might consider ⁷⁾ corporal punishment (a short, sharp shock), a shortish ⁸⁾ prison sentence or, of course, you could make that a ⁹⁾ suspended sentence. You might make him pay ¹⁰⁾ compensation, or would you like to see him ¹¹⁾ banned from driving? No? Well, his ¹²⁾ licence could be endorsed. Or would you ¹³⁾ dismiss the case, ¹⁴⁾ find him not guilty of any crime, ¹⁵⁾ acquit him, find the case ¹⁶⁾ not proved?

1. Mr Body drank five pints of beer and five single whiskies in a pub, got into his car and drove away.

2. He did not drive dangerously but exceeded the speed limit as he wanted to catch up with a friend who had left the wallet in the pub.

3. As he was driving along, a little girl ran into the road and he knocked her down.

4. There was no way he could have stopped, drunk or sober.

5. The little girl suffered only bruises and superficial injuries.

6. Mr Body’s wife had left him two days ago.

7. Six months later, it was clear that the little girl was to suffer from after-effects of the accident and would stutter for many years.

8. Mr Body had never previously received any summons for traffic offences.

9. The little girl admitted that it was her fault.

10. The passenger in Mr Body’s car was killed outright as he went through the windscreen.

Ex. 16. Below are 10 statements by defendants. Read the statements and say what crime has each one been accused of.

1. “I arrived home late and found that I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We’ve just moved house and I didn’t realize I was in the wrong street...”

2. “I was walking my dog when I saw the gun lying on the ground. I picked it up — it was still warm — and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police arrived...”

3. “I opened the bank account in a false name as a way to help my employer pay less tax. It’s perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance...”

4. “Ok, so there are a hundred and twenty-three copies of Four Weddings and a Funeral. That’s perfectly true, but I had no intention of selling them. I'm a collector.”

5. “Well this obviously isn’t my suitcase. I’ve never seen this things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That’s probably how the two cases got mixed up. After all, JA aren’t very unusual initials. A photograph with me in it? My word, That’s incredible! It must be someone who knows me...”

6. “I didn’t know she was still alive, I thought she’d died in a car accident. I couldn't believe it when I saw her walk into the room. Surely you don’t think I did this just to get your money...?”

7. “You misunderstand me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etcetera. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return...”

8. “After leaving the office I realized I’d forgotten my umbrella. I went back in to get back it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in office. I didn't ever look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase — intending to use the other side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders came out of his office...”

9. “I painted them for pleasure. I had no intention of deceiving people. I never said they where by other people. Yes, I did include the signatures of other artists but that's because I wanted them to be perfect copies...”

10. “Mr Wills sent me the money to help me in my business venture — I’m trying to start a design agency. He sent me cheques every month for $ 1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn’t write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.”

Ex. 17. Translate into English using words and word combinations from your active vocabulary:

1. Суд признал его соучастником преступления, укрывавшим преступника.

2. Его осудили за незаконное присвоение имущества.

3. Это классифицируется как незаконное проникновение в чужое помещение.

4. Физическое насилие при отягчающих обстоятельствах карается длительным сроком.

5. Прокурор требовал осудить обвиняемого за преднамеренное убийство, но присяжные отклонили обвинение и признали судебный случай самозащитой.

6. Из-за медицинской халатности она стала инвалидом.

7. Общественность возмущена хладнокровным убийством адвоката.

8. Был предотвращен преступный заговор с целью совершения политического убийства.

9. Их задержали за нарушение общественного порядка.

10. К сожалению, растет уровень подростковой преступности.

11. Это было хладнокровное убийство с целью устранения конкурента по бизнесу.

12. В большинстве стран торговля наркотиками преследуется законом.

Read the text and get ready to discuss it.

TEXT 1

Criminal law

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