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ТОП 10 на сайтеПриготовление дезинфицирующих растворов различной концентрации
Техника нижней прямой подачи мяча.
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Обработка изделий медицинского назначения многократного применения
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ЗНАЕТЕ ЛИ ВЫ?
Влияние общества на человека
Приготовление дезинфицирующих растворов различной концентрации
Практические работы по географии для 6 класса
Организация работы процедурного кабинета
Изменения в неживой природе осенью
Уборка процедурного кабинета
Сольфеджио. Все правила по сольфеджио
Балочные системы. Определение реакций опор и моментов защемления
II. CHIEF LAW ENFORCERS – THE POLICE
Стр 1 из 12Следующая ⇒
I. CRIME AND PUNISHMENT
1. UNIT 1. Crime _________________________________________________4
2. UNIT 2. Categories of crime in England______________________________5
3. UNIT 3. Criminal procedure _______________________________________8
4. UNIT 4. Criminal Code of the Russian Federation _____________________12
5. UNIT 5. History of Punishment ____________________________________15
6. UNIT 6. Types of Punishment______________________________________18
II. CHIEF LAW ENFORCERS – THE POLICE
7. UNIT 1. Some Historical Facts________________________________________23
8. UNIT 2. .The British Police __________________________________________25
9. UNIT 3. Police of the Russian Federation______________________________ _28
10. Кейс-метод (Case Study)___________________________________________31
12. Список использованной литературы_________________________________37
PART 9. CIVIL PROCEDURE
13. UNIT 1.Civil Code of the Russian Federation___________________________38
14. UNIT 2. Civil Procedure in the UK___________________________________44
15. UNIT 3. Civil Procedure in the USA__________________________________52
16. UNIT 4. Civil Offences, Torts_______________________________________54
17. UNIT 5. Remedies in the Civil Court of Law____________________________61
18.Образцы исков в гражданский суд___________________________________63
19. Glossary ________________________________________________________67
20. Список использованной литературы__________________________69
I. CRIME AND PUNISHMENT
UNIT 1. CRIME
Посмотрите на рисунки. Опишите, что изображено на них. Как Вы думаете, каким образом они связаны между собой?
2. Прочитайте возможные определения слова “преступление”. Какое из них, по вашему мнению, наиболее четко отражает смысл этого слова?
1. An act or the commission of an act that is forbidden by law.
2. Deviant behavior that violates prevailing norms.
3. Illegal activity in general.
4. A bad, immoral or dishonourable act.
5. Offence that is committed against individuals or groups of individuals with a criminal
6. The breach of rules or laws.
Прокомментируйте следующие утверждения.
1. Most crimes are drug-related.
2. Schools should have programs which teach young people about the danger of taking drugs.
3. Most crimes are against property not people.
4. Low level of education can lead to crime.
4. Ответьте на вопросы.
1. Do you think that the problem of criminality is urgent in our country?
2. What can be a cause of crime?
a) Family surroundings, especially in early years.
b) The income level of the family.
c) The moral atmosphere of the time: unemployment, commodity shortages, the impact of the media.
d) The effectiveness of the police.
3. What kind of crimes do you know?
Повторите за преподавателем данные слова, обратите внимание на их произношение.
authority, ultimately, violation, unauthorized, associate, explosively, offence, society, indictable, fraud.
6. Прочитайте бегло текст “Crime” и ответьте на вопросы:
1. Is every violation of law a crime?
2. Do different societies define crimes in the same way?
Crime is a breach of rules or laws for which some governing authority can ultimately prescribe a punishment. Individual human societies may define crimes differently. Modern societies generally regard crimes as offences against the public or the state. The word ‘crime’ is generally associated with wrongdoing but not every type of wrongdoing is a crime. Telling lies is immoral wrong but if telling lies is put into practice resulting in physical harm to another, then such action becomes both criminal and immoral.
There are some acts which are crimes in one country but not in another. For example, it is a crime to have more than one wife at the same time in France, but not in Indonesia. There are quite a lot of agreements among states as to which acts are criminal. But such acts as stealing, physical attack or damaging somebody’s property will be unlawful in all countries and the way of dealing with people suspected of crime may be different. Sometimes government “creates” new crimes by identifying a form of behavior and passing a new law to deal with it. Different societies or governments often review their ideas of what should and shouldn’t be a crime. For example, discrimination against someone on the ground of race or sex was not considered to be a crime until relatively recently.
Over the past years, the Internet has grown explosively and the new crimes have appeared such as unauthorized access or “hacking”, copyright infringements, child pornography,etc. Cybercrimes may intentionally harm the reputation of the victim, they may threaten a nation’s security or financial health.
Most crimes are not reported, not recorded, not followed through, or not able to be proved. When informal relationships and sanctions are insufficient to establish and maintain a desired social order, a government or a state may impose more strict systems of social control.
7. Работа в парах. Прочитайте текст еще раз и найдите в нем ответ на следующий вопрос.
1. Какие преступления, появившиеся за последнее время, были упомянуты в тексте?
UNIT3. CRIMINAL PROCEDURE
PRETRIAL STAGE. A criminal case passes through several phases before trial. First, the crime is reported and investigated. Then, if there is probable cause, that is reasonable grounds – something more than mere suspicion to believe that a particular person committed the crime, that person can be arrested. A warrant for arrest is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees).
Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges, usually called either an indictment (by a grand jury) or information (by a magistrate or police officer) and must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt.
Most cases are resolved without a trial. Prosecutors and defenсe counsel usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed-upon plea is rare.
BURDEN OF PROOF. At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge or jury need only find that the evidence favors the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt.
The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the responsibility of the counsel to examine the witness in such a way as to produce the evidence he needs.
THE ORDER OF PROCEEDINGS. The session is opened by the court being called to order the Clerk of the Court. “The court will come to order. All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea.
In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction then the court must acquit the accused.
The defendant cannot be called by the prosecution and does not have to be called by the defence. However, once called, the defendant is subject to cross-examination by the prosecution.
The defence counsel and the prosecution make a speech, summarizing the case. The judge sums up the case from both points of view, instructing the jury as to the law. He reminds the jury that if there is any doubt at all in their minds their duty is to acquit. The jury retires to the jury room to decide its verdict. A verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE. Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases. (the system presupposes that a judge is less likely to be swayed by improper evidence.) The judge’s or jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS. The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial.
Appellate courts cannot overturn a verdict simply because they disagree with it - e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
Работа в парах. Прочитайте текст “Criminal Procedure” еще раз. Найдите словосочетания со словом “evidence”.Установите, в каком контексте они упомянуты в тексте. Составьте предложения с этими словосочетаниями.
6. Выберите правильный вариант ответа в соответствии с содержанием текста.
1. At the first stage of a criminal case before trial … .
a) the police collect evidence
b) the crime is reported and investigated
c) the suspected person must be interviewed by the police
2. A person may be arrested if there … .
a) is a suspicion of the police officer
b) is a testimony of witnesses
c) are reasonable grounds
3. At the final stage … .
a) the suspected person must be arrested by the police
b) criminal charges must be brought against somebody
c) the suspected person must be taken into custody
4. A successful criminal prosecution requires … .
a) a preponderance of evidence
b) proof of guilt beyond a reasonable doubt
c) that evidence favors the prosecution over the defendant
5. There is a special order of proceedings and the session starts with … .
a) the prosecutor’s statement
b) the defence opening speech
c) the appropriate plea of the accused
6. The verdict “not guilty” means that … .
a) the defendant is acquitted
b) there was insufficient evidence to prove the guilt beyond reasonable doubt
c) the jury considers the defendant to be innocent
7. Appellate courts exist to … .
a) find the defendant guilty
b) impose a more severe punishment
c) correct errors in the application of the law
History of Punishment
In primitive society punishment was left to the individuals wronged or their families and was vindictive or retributive: in quantity and quality it would bear no special relation to the character or gravity of the offenсe. Gradually there arose the idea of proportionate punishment of which the characteristic type is “an eye for an eye”. In early times a superstitious belief in omens, ghosts, witchcraft and the like was very common. Superstitions maintained a grip on the lives of many people. It was tempting and easy to blame almost any misfortune on somebody else, and sometimes senile old women were often the target being accused of all kinds of witchcraft. “Witches” were frequently executed.
Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience. Indeed, the term ordeal itself has the meaning of “judgment, verdict”. In some cases the accused were considered innocent if they survived the test or if their injuries healed. In others, only death was considered proof of innocence. If the accused died they were often presumed to have gone punishment. In medieval Europe like trial by combat trial by ordeal was considered a procedure based on the premise that God would help the innocent by performing a miracle.
With the passage of time the attitude of society towards the excesses of the criminal law gradually changed. The courts and the people themselves came to rebel against all the savagery. As to the people, the last public execution in England took place in 1868, in front of Newgate Prison. The condemned man was Michael Barrett, an Irish rebel sentenced for his part in a bomb attack. The crowd sympathized with Barrett and was so hostile towards the hangman that the execution almost caused a riot. From that time onwards all executions were held inside prisons. It was not until 1969 that the death penalty for murder was finally abolished. Imprisonment has always been a favored form of punishment. For hundreds of years the Tower of London was regarded as the premier prison in the land.
The progress of civilization has resulted in a vast change in both the theory and in the method of punishment. With the growth of law, the state took over the punitive function and provided itself with the machinery of justice for the maintenance of public order. From that time crimes were against the state, and such punishment as lynching became illegal. In the eighteenth century the humanitarian movement began to teach the dignity of the individual and to emphasize rationality and responsibility. The result was the reduction of punishment both in quantity and in severity, the improvement of the prison system, and the first attempts to study the psychology of crime and to distinguish classes of criminals with a view to their improvement. Later law breakers were considered as a product of social evolution and cannot be regarded as solely responsible for their disposition to offences. Crime was treated as a disease. Punishment, therefore, can be justified only if it either protects society or acts as a deterrent, or when it aims at the moral regeneration of the criminal.
5. Найдите в тексте английские эквиваленты следующим словам и словосочетаниям.
3. возложить вину
6. доказательство невиновности
7. превышение судебных правомочий
8. поднять бунт против суровых мер наказания
9. тюремное заключение
10. отменить смертный приговор
11. сдерживающее устрашением средство
12. приговорить к наказанию
6. Выразите согласие/несогласие со следующими утверждениями.
1. A judicial practice by which the guilt or innocence of the accused is determined is a verdict.
2. Trial by ordeal meant severe experience for the accused.
3. There were a lot of theories confirming the effectiveness of trial by ordeal.
4. The result of progress was the improvement of the prison system.
5. The last public execution took place in 1968 in France.
UNIT6. TYPES OF PUNISHMENT
Types of Punishment
There are several kinds of punishment available to the courts. Crimes are punished according to their seriousness. More serious crimes are given harsher penalties. In declaring a sentence a judge may take into account the following: prior criminal record, the age of the offender and other circumstances surrounding the crime, including cooperation with law enforcement officers, the amount of loss to victims, whether a weapon was used in the crime, the age or helplessness of the victims.
Punishment may include:
- a fine
- term of imprisonment (time in jail or prison)
- probation or parole
- community service
For criminal offences FINES are also often used as in civil cases when the offence is not a very serious one and when the offender has not been in trouble before.
For more serious crimes the usual punishment is IMPRISONMENT. The length of sentences varies from a few days to a lifetime. However, a life sentence may allow the prisoner to be released after a suitably long period if a parole board agrees that his detention no longer serves a purpose. In some countries, such as the Netherlands, living conditions in prison are fairly good because it is felt that deprivation of liberty is punishment in itself and should not be so harsh that it reduces the possibility of the criminal re-educating and reforming himself. In other countries, conditions are very bad. Perhaps because of an increase in crime or because of more and longer sentences of imprisonment, some prison cells have to accommodate far more people than they were built to hold. Britain and the United States are trying to solve the shortage of space by allowing private companies to open prisons.
PROBATION is the suspension of jail time. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. Offenders are ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, live at a directed place, obey the orders of the probation officer. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their whereabouts to officials. Also, offenders have been ordered to submit to repeated alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform community service work.
PAROLE is the supervised release of prisoners before the completion of their sentence in prison. They may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer.
Parole should not be confused with probation, as parole is serving the remainder of a sentence outside of prison, where probation is given instead of a prison sentence and as such, tends to place more rigid obligations upon the individual serving the term.
CORPORAL PUNISHMENT is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer. This kind of punishment is still employed in Malaysia, Singapore, Pakistan, Zambia and Zimbabwe. Courts may sentence offenders to be caned or whipped. As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation.
COMMUNITY SERVICE requires the offender to do a certain amount of unpaid work usually for a social institution such as a hospital.
ДИСКУССИЯ - “Capital punishment: For and Against”. Прочитайте текст и аргументы, касающиеся “за” и “против” применения смертной казни. Выразите ваше личное мнение по данному вопросу, используя формулы речевого общения.
The death penalty by hanging for murder and some other crimes was first suspended in 1965, and was completely abolished in 1969 in Great Britain. But opinion polls consistently show that over half of the public is in favour of the death penalty, especially for terrorist offences and the murder of policemen. The general public seems to support harsh treatment of criminal offenders, and argue that more sympathy and aid should be given to the victims of crimes. The UN has declared itself in favor of abolition, Amnesty International actively campaigns for abolition, and the issue is now the focus of great debate.
Supporters of capital punishment believe that death is a just punishment for certain serious crimes. It deters people from committing such crimes. It must not be abolished.
Opponents argue that execution is cruel and uncivilized. The death penalty can only be imposed for especially grave crimes against life and may not be imposed against women, men under eighteen years of age.
The goal of punishment under the new Criminal Code in Russia is the re-establishment of social justice, the rehabilitation of the convicted person, and the prevention of the commission of new crimes (Art. 43 CC). The widely used Soviet punishment of banishment was abolished toward the end of the perestroika period, but the 1996 Criminal Code still includes the death penalty and other common forms of punishment: fine, prohibition to engage in a profession, confiscation of property, and deprivation of liberty among others. The death penalty can only be imposed for especially grave crimes against life and may not be imposed against women, men under eighteen years of age at the time of the commission of the offence, or men over sixty years of age at the time of judgment (Art. 59 CC). Whereas fifteen years was the maximum period of imprisonment under the old code, the 1996 Code introduces life imprisonment as an alternative to the death penalty.
Some Historical Facts
The police play the most important part in keeping public order and protecting persons and property. To do their work properly the police need necessary powers. They have the power to intervene to prevent a crime. If their orders are not obeyed, they may arrest the people who have broken the law and bring them before the courts.
Centuries before the formation of any official police force passed when attempts were made to provide some means of ‘community policing’. In England keeping law and order was the special responsibility of Justices of the Peace (JPs).
Despite the cruel penalties inflicted upon criminals the state of lawlessness in the seventeenth and eighteenth centuries was appalling. By the second half of the eighteenth century the general population lived with a terrifying sense of insecurity. Gangs of criminals roamed the towns. Any form of transport was risky.
Justices of the Peace had to employ thief-takers to catch criminals. Thief-takers were often no better than the criminals themselves. Sometimes they were criminals who knew the criminal underworld well.
The most notorious thief-taker of all was Jonathan Wild who operated in the early part of the eighteenth century. He began his career in a small way informing on criminals who were suspected of crime. Eventually he built up a criminal empire of his own. His speciality was the organization of robberies and burglaries. He was then paid rewards by the victims for securing the return of their property.
In 1719 as a direct result of activities of this kind Parliament passed the Second Transportation Act which laid down that anyone taking a reward for receiving stolen goods, who did not also help to arrest the thief and give evidence against him, was guilty of a 'felony' (serious crime which could result in sentence of death). Eventually, Wild was himself caught and prosecuted.
The first police force to become an organized body of men wearing uniforms and given special powers was named the Metropolitan Police Force ('The Met'), because it policed the metropolis of London. This force was created by the Metropolitan Police Act 1829. At that time Sir Robert Peel was the Home Secretary, and policemen were therefore known as 'Peelers' or 'Bobbies'. The new police force first went out on duty on 29 September 1829.The force made a poor start. By the end of the year the most of men had been dismissed because of being drunk on duty.
It is hardly surprising that in the early days of the force public opinion was very much against it. Newspapers complained bitterly that the police behaved with brutality in their enthusiasm to make arrests. At the same time the police were blamed for failing to clear up crime.
Nevertheless, the value of an organized police force soon became apparent. The first plain-clothes detectives were used to gather information on the activities of gangs of criminals.
The Metropolitan Police force was well organized and disciplined and after initial period of public skepticism became the model for other police forces in Great Britain and this police system had been adopted throughout the world.
UNIT 2. THE BRITISH POLICE
The British Police
The police have many functions in the legal process. As well as gathering information for offences to be prosecuted in the courts the police have wide powers to arrest, search and question people suspected of crimes and to control the actions of members of the public during public demonstrations and meetings. In some countries the police have judicial functions; for example, they may take a decision as to guilt in a driving offence and impose a fine without the involvement of a court.
The mere presence of the police is a factor in deterring people from committing offences. A just legal system needs an independent, honest police force. In countries where the public trusts the police force they are more likely to report crimes, and it seems that they are also more likely to be law-abiding.
Police powers are great and they are given to the police as part of their overall responsibility to enforce the law but they are all governed by the law and are subject to strict control by rules and regulations. For example, a British police officer is subject to the law and may be sued or prosecuted for any wrongful act committed in carrying out duties. Legislation and the code of practice in England are designed to prevent any abuse of power enjoyed by the police officer. In 1985 The Police Complaints Authority was established to supervise the investigation of any serious complaint against the police officer.
The police in Britain are organized very differently from any other country. Most countries have a national police force which is controlled by central Government. Britain has no national police force although the police is supervised by the central Government’s Home Office. There is a separate police force for each of 52 areas into which the country is divided. Each has a police authority – a committee of local county councilors and magistrates. The policing of London is in the hands of the Metropolitan Police Force with headquarters at New Scotland Yard. The forces co-operate with each other but it is unusual for members of one force to operate in another’s area unless they are asked to give assistance.
One of the important powers of the police which has caused much difficulty and controversy is the power to question or interview persons suspected of crime. The Police and Criminal Evidence Act 1984provides numerous laws to protect people in England who are being interviewed by the police.
All members of the British police must gain a certain level of academic qualifications at school and undergone a period of intensive training. The career structure in the British police force allows to be promoted from constable to sergeant, then through inspector and superintendant to chief constable. In London the Head of the Force is called the Metropolitan Commissioner. He heads the force which now has more than 25,000 police officers—one-fifth of all the officers in England and Wales. The police are helped by a number of special constables- members of the public who work for the police voluntarily for a few hours a week. Women make up about 10 per cent of the police force.
In most countries the police carry guns. The British police generally do not carry firearms, except in Northern Ireland.. In certain circumstances specially trained police officers can be armed , for instance, those who guard politicians and diplomats or who patrol airports. but only with the signed permission of magistrate.
The police now use advanced modern equipment. This ranges from motorbikes and squad cars to helicopters. It includes the most advanced surveillance aids and access to the Police National Computer and the facilities of the Forensic Science Service. This service runs highly sophisticated laboratories where forensic scientists carry out the scientific examination of exhibits.
Ever since the first police force in England was founded, the police have come under criticism—for denying civil liberties, for failing to catch criminals or for catching the wrong people. These cases which have resulted in serious injustice have had a profound effect upon the whole criminal justice system and, of course, the police and the manner in which they carry out their duties. They have also resulted in very significant changes in the law.
Список использованной литературы
1. Андрианов С.Н., Берсон А.С., Никифоров А.С. Англо-русский юридический словарь. М: Руссо, 2000.
2. Крупченко А. К. Law in Russia. Internationalization of Law.М: Внешмальтиграф, 1999.
3. Николаева А.В., Разуваева Т.Н. Английский дл юристов. Ростов-на-Дону: Издательский центр “Март”, 2002.
4. English for Professional Communication in Law. Под ред. Л.С. Артамоновой. М: Юнити, 2011.
5. Hadfield J. Advanced Communication Games. Longman, 1987.
6. J. F. de Freitas .Survival English. М: Высшаяшкола, 1990.
7. Learning from common mistakes. Cambridge University Press, 2009.
8. Pearson Education Limited, 2000.
9. Powell R. Law today. England: Longman Group UK Ltd, 1993.
10. Rilay A. English for law. Pearson, 1995.
11. Rivlin G. First Steps in the Law. Oxford University Press, 2002.
12. Schrampfer B. A. English grammar. Pearson, 1999.
13. en.wikipedia org/wiki/Crime; Crime in Russia; Detention.
Изучите раздел Гражданского кодекса РФ об основных положениях гражданского законодательства и отношениях, регулируемых им. Найдите ответы на вопросы.
1. Does Article 2 “Relations regulated by civil legislation” embrace the whole sphere of individualized creativity and nonmaterial relations? (Yes\No? Why?)
2. What does Civil legislation consist of and how are its provisions implemented?
3. What is the effect of Civil legislation in time?
4. How do you understand the notion “Business Custom”?
5. What is meant by “Application of Civil legislation by analogy”?
6. How does Civil legislation correlate with International Law?
10. На основе текста “Chapter 1. Civil Legislation” подготовьте презентацию на тему “General provisions of the Civil Code of the Russian Federation”. При подготовке презентации используйте следующие выражения.
Introducing the topic:
Referring to questions:
Introducing each section:
Summarizing a section:
Dealing with questions:
WHAT IS A TORT?
Generally speaking, a "tort" is an injury one person or entity inflicts (accidentally or intentionally) upon another. When one person commits a tort upon another, the injured
person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders. The person who brings the lawsuit is called the "plaintiff," and the person who is sued is called the "defendant." The area of tort law is often referred to as "personal injury" law. Most torts involve, in some part, the doctrine of "negligence." The concept of negligence can generally be describes as (i) the failure of one person to act in way we would expect that person to do under the circumstances and (ii) an injury which results from that failure.
A tort is a civil wrong that can be remedied by awarding damages (other remedies may also be available). These civil wrongs result in harm to a person or property that forms the basis of a claim by the injured party. The harm can be physical, emotional or financial. Examples of torts include medical negligence, negligent damage to private property and negligent misstatements causing financial loss. There are many specific torts, such as trespass, assault and negligence.
Business torts include fraudulent misrepresentation, interference in contractual relations and unfair business practices. Torts fall into three general categories: intentional torts (e.g. unfair
competition), negligent torts (e.g. causing an accident by failing to obey traffic rules) and strict liability torts (e.g. liability for making and selling defective products).Why some wrongs are dealt with by tort law (or the law of torts) and others considered criminal offences is the subject of some debate. However, there are certainly overlaps between tort law and criminal law. For example, a defendant can be liable to compensate for assault and battery in tort and also be punished for the criminal law offence of assault.
Differences between tort law and criminal law include: the parties involved (the state brings an action in crime, a private individual brings an action in tort); the standard of proof (higher in criminal law); and the outcomes (a criminal action may result in a conviction and punishment, whereas an action in tort may result in liability on the part of the defendant and damages awarded to the claimant1).
The primary aims of tort law are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms. The injured person may sue for both an injunction to stop the tortious conduct and for monetary damages. Depending on the jurisdiction, the damages awarded will be either compensatory or punitive. Compensatory damages are intended to put the victim in the position he or she would have been in had the tort not occurred. Punitive damages are awarded to punish a wrongdoer. As well as compensation for damage to property, damages may also be awarded for: loss of earnings capacity, future expected losses, pain and suffering and reasonable medical expenses.
Подберите к английским словам и выражениям (колонка А) соответствующие слова и выражения (колонка B).
TYPES OF TORTS
There are a number of different types of torts. Here is a short list of the most common.
1. These types of torts involve all of the personal injuries one can receive in an automobile accident. Generally, one driver causes an accident which injures (or sometimes kills) others (e.g. his passengers, people in another automobile or pedestrians).
2. These types of torts involve injuries one can receive from the condition of a particular parcel of property, mostly due to the failure of the property owner to keep the condition of the property in a safe condition. Two common examples of these types of torts include (i) a "slip and fall" accident and (ii) an injury one receives from a crime committed on another's property (e.g. being mugged or assaulted in a private parking garage where the owner of the garage knew that people were getting mugged all the time - and did nothing to prevent further muggings).
3. These types of torts involve injuries one can receive due to the mistake of a licensed professional (i.e. a doctor, a lawyer or a dentist). Generally, these types of torts require the "expert" testimony of a professional (e.g. another doctor in a medical malpractice case).
4. These types of torts involve injuries one can receive from a "product" such as a machine, medical device or a prescription drug. The injured person must prove that the product in question was improperly designed, constructed or packaged without the proper regard for the damage it could cause to a human being.
5. These types of torts involve injuries one can receive from something another says or writes which is untrue, malicious and/or private. These defamation torts include (i) slander (spoken word), (ii) libel (written word) and (iii) invasion of privacy (making something public which was and should have remained very private).
6. These types of torts generally involve one person physically attacking another person. These are also sometimes called "intentional torts" to distinguish them from most other torts (which usually involve an accident resulting from another's mistake or lack of care).
7. This is also another type of intentional tort. This involves one person lying, misrepresenting or concealing an important piece of information from another person in order to get that other person to do or refrain from doing something. In short, a plaintiff is tricked by the fraudulent act of the defendant.
9. Ответьте на вопросы.
1. What are the types of torts?
2. How do you understand the "slip and fall" type of accident?
3. People of what professions can be accused of malpractice?
4. What is the difference between slander and libel?
5. How do intentional torts differ from most other torts?
6. What type of tort does misrepresenting or concealing information belong to?
7. What type of tort does physically attacking a person belong to?
10. Прочитайте текст “Assault and Battery” и ответьте на вопросы.
1. What is the main difference between assault and battery?
2. What are the most common punishments imposed for assault, battery and fraud?
ASSAULT AND BATTERY
Assault is a threat against a person, and battery is physical attack. For example, a person who waves a fist in front of another person and threatens to beat that person is guilty of assault; a person who strikes another person with a fist is guilty of battery. The victim can sue the assailant for damages, and the state may also prosecute for misdemeanor.
In a civil case alleging assault, the victim must prove that he or she was in imminent danger of injury or had reason to think so. Abusive language alone does not constitute an assault. Threatening with a pistol may be an assault, even if the weapon is unloaded. In a case of battery the amount of contact is unimportant, for any touching of another person in an angry, vengeful, rude, or insolent manner constitutes a battery.
Fraud is an intentional untruth or a dishonest scheme used to take deliberate and unfair advantage of another person or group of persons. It includes any means, such as surprise, trickery, or cunning, by which one cheats another.
Courts have distinguished two types of fraud, actual fraud and constructive fraud. Actual fraud is intentional criminal deception for the purpose of inducing another to part with something of value, to acquire something of less than apparent value, or to surrender a legal right. Schemes specifically intended to cheat someone, such as selling shares in nonexistent plots of land, are actual frauds. Constructive frauds are words, acts, or omissions that tend to mislead or deceive someone or violate a confidence but that are not necessarily of malicious intent. Selling a house while forgetting to mention a chronically malfunctioning heating system is an example of constructive fraud.
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