Task 1. Read the text and name the distinguishes between criminal and civil procedures

Crime is violation of a law that forbids or commands an activity. Such crimes as murder, rape, arson are on the books of every country. Because crime is violation of public order, the government prosecutes criminal cases.

Courts decide both criminal and civil cases. Civil cases stem from disputed claims to something of value. Disputes arise from accident, contractual obligations, and divorce, for example.

Most countries make a rather clear distinction 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 have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal action.

Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly started by the state. Civil actions, on the other hand, are usually started by individuals.

Some courts, such as the Magistrate Courts and the Japanese Family Court, deal with both civil and criminal matters. Others, such as the English Crown Court, deal with exclusively with one or the other.

In Anglo-American law, the party brining a criminal action (that is, in most cases the state) is called the prosecution, but the party brining a civil action is plaintiff. In both kind of action the other party is known as the defendant. A criminal case against a person called Ms. Brown would describe as “The People vs. (versus, or against) Brown in the United States and R.(Regina, that is, the Queen) vs. Brown in England. But a civil action between Ms. Brown and Mr. Smith would be “Brown vs. Smith” if it was started by Brown, and “Smith vs. Brown” if it was started by Mr. Smith.[10]

Learn the new words

Date: 2016-05-16; view: 971; Нарушение авторских прав