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Unit 5 Civil LawUNIT 5
Civil Law
Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company which as they feel is responsible for the injury. These are major features of civil law:
The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs and many defendants in the same case.
The plaintiff starts the lawsuit by filling a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is that the plaintiff’s version of what happened in the case is more probably true than not true.
Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors; five must agree if there are six jurors.
A Task 1. Read and translate the following word combinations: divisions and categories of law, domestic relations, to deter criminal behavior, to find smb. guilty, grounds for the civil suit, harmful actions, private disputes, to be liable under criminal law and civil law, to commit an arson, payment for damages, to bring a suit, to impose penalties, a paper called a complaint, a paper called an answer, burden of proof, to prove the case by a preponderance of evidence, the plaintiff’s version, landlord and tenant.
Task 2. Match the following:
B
Task 1. Make the summary and annotation of the text: Civil Proceedings
In England and Wales civil proceedings are instituted by the aggrieved person; no preliminary inquiry on the authenticity of the grievance is required. Actions in the High Court are usually begun by a writ of summons served on the defendant by the plaintiff, starting the nature of the claim. A defendant intending to contest the claim informs the court. Documents setting out the precise question in dispute (the proceedings) are then delivered to the court. County court proceedings are initiated by a summons served on the defendant by the court, subsequent procedure is simpler than in the High Court.
A decree of divorce must be pronounced in open court, but a procedure for most undefended cases disposes with the need to give evidence in court and permits written evidence to be considered by the registrar.
Civil proceedings, as a private-matter, can be abandoned or ended by compromise at any time. Actions brought to court are usually tried without jury, except in defamation, false imprisonment or malicious prosecution cases, when either party may, except in certain special circumstances, insist on trial by jury, or a fraud case, when the defendant may claim this right. The jury decides questions of fact and damages awarded to the injured party; majority verdicts may be accepted.
Task 2. Read and translate the text: Characteristics of Civil Law
The most obvious feature of a civil law system is the presence of a written code of law. The code is a systematic and comprehensive compilation of legal rules and principles. Although the contents of codes may vary widely from country to country, all codes are intended as a blueprint of social regulation that attempts to guide individuals through society from birth to death.
The civil law tradition makes a sharp distinction between private and public law. Private law includes the rules governing civil and commercial relationships such as marriage, divorce, and contractual agreements. Public law consists of matters that concern the government: constitutional law, criminal law, and administrative law. In many countries with civil law systems, two sets of courts exist – those that hear public law cases and those that address matters of private law.
The role of judges in civil law jurisdictions differs considerably from that of judges in common law systems. When different facts or new considerations arise, common law judges are free to depart from precedent and establish new law. The civil law tradition views judges as government officials who perform essential but uncreative functions. Civil law judges administer the codes that are written by legal scholars and enacted by legislators. They may also consult legal treatises on the issue in question. The civil law system assumes that there is only one correct solution to a specific legal problem. Therefore, judges are not expected to use judicial discretion or to apply their own interpretation to a case.
Civil law systems do not have any process like the common law practice of discovery – the pretrial search for information conducted by the parties involved in the case. The trial of a case under civil law also differs substantially from a common law trial, in which both parties present arguments and witnesses in open court. In civil law systems the judge supervises the collection of evidence and usually examines witnesses in private. Cross-examination of witnesses by the opposing party’s attorney is rare. Instead, a civil law action consists of a series of meetings, hearings, and letters through which testimony is taken, evidence is gathered, and judgment is rendered. This eliminates the need for a trial and, therefore, for a jury.
Systems of common law and civil law also differ in how law is created and how it can be changed. Common law is derived from custom and precedents (binding judgments made by prior judicial decisions). In the common law system, the precedent itself is law. Therefore, the judges who decide which party will prevail in any given trial are also the creators of common law. Civil law, on the other hand, is made by legislators who strive to supplement and modernize the codes, usually with the advice of legal scholars. Civil law judges administer the law, but they do not create it.
1) Match words and collocations with the ones that have similar meanings.
2) Determine if the sentences are true or false, according to the text. 1. The feature of a civil law system is the presence of a written code of law. 2. The code is a systematic and comprehensive compilation of legal rules and principles. 3. The civil law tradition doesn't make a sharp distinction between private and public law. 4. Private law includes the rules governing civil and commercial relationships. 5. Public law consists of matters that concern criminal law. 6. The role of judges in civil law jurisdictions doesn't differ from that of judges in common law systems. 7. Systems of common law and civil law differ in how law is created and how it can be changed. 8. Civil law judges administer the law, but they do not create it.
3) Make a short plan of the text.
С
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