Task 3. Give Kazakh/Russian equivalents to the following words

public, civil, private, standard, procedure, personal, modem, criminal, individual, code, reputation, dispute, contract

Task 4. Correct the statements, using the following phrases.

it is wrong it is false it is not right it is not true	это неправильно/ (бұл) дұрыс емес
on the contrary	наоборот/керісінше
it contradicts reality	это противоречит действительности/бұл шындыққа қарама-қайшы келіп тұр
in my opinion to my mind	по моему мнению/менің ойымша
my understanding is that	по моему пониманию/менің түсінігімше

 

1. Both damages and fines are sums of money.

2. Both damages and fines may benefit the victim of the accident.

3. Damages are part of the civil law.

4. Public law includes Contract Law; Constitutional law and Family law.

5. In a civil case a crime is proven even if people’s judgment is based on intuition or feeling.

 

Task 5. Many of the following words occur in the text. The ones on the left are related to the ones on the right. Can you make pairs?

1.commit	a. an action
2. to bring	b. a crime
3. to lose	c. a case
4. to doubt	d. a guilt
5. to prove	e. an evidence
6. to win	f. a criminal
7. to require	g. a prosecution

 

Task 6. Tick off the true sentences:

1. Usually courts don’t decide civil cases.

2. In England a defendant can be forced to pay a fine.

3. Civil actions can never be started by individuals.

4. Criminal and civil procedures are considered different in all the countries.

5. The plaintiff can claim for consequences in the Court.

Task 7. Complete the sentences:

1. Constitutional law regulates...

2. International law regulates...

3. Torts deal with...

4. Probate deals with…..

5. Law of Trusts deals with……….

 

Task 8. Translate the sentences paying attention to the word “since”

1. Не was arrested since he was found guilty of murdering a man.

2. This case should be a civil action since it is a wrong committed against property.

3. The punishment was clear since the trial began.

4. He has been afraid of the police since childhood.

5. Since he refused to pay money foe the damages, the case was brought to court.

Task 9. Read the text and answer the questions:

1. What does the civil law of England, Wales and Northern Ireland cover?

2. Can civil actions be started by individuals?

3. Do courts decide civil cases?

4. Does the party pay for judgments?

5. What kind of cases do higher courts deal with?

Civil Justice

The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and torts (non-contractual wrongful acts suffered by one person at the hands of another). It also includes constitutional, administrative, industrial and other laws.

Civil proceedings, as a private matter, can usually be abandoned or ended by settlement between the parties at any time. Actions brought to court are usually tried without a jury. Higher courts deal with more complicated civil cases. Most judgments are for sums of money, and the costs of an action are generally paid by the party losing it.[9]

Task 10. Match each word/ phrase on the left with the correct translation on the right

 

English	Russian/Kazakh
probate law	правонарушение/құқық бұзушылық
public law	частное право/жеке құқық
legal remedies	правовые нормы о доверительной собствености/сеніп тапсырылған меншік туралы құқықтық нормалар
law of torts	истец/талапкер
unjust enrichment	судебное преследование/сотпен қудалау
well being	средство судебной, правовой защиты/сот, құқық қорғау құралы
private law	здоровье, благополучие, процветание/денсаулық, жақсы өмір, гүлдену
law of trusts	уголовный процесс, уголовное делопройзводство/қылмыстық процесс, қылмыстық ісжүргізу
prosecution	право/закон о наследовании/мұрагерлік туралы құқық/заң
plaintiff	деликтное право/деликт құқығы
inheritance	неосновательное, несправедливое обогащение/негізсіз, әділетсіз баю
criminal procedures	наследуемая недвижимость, наследование/мұрагерлікке қалатын мүлік
wrong	публичное право, закон/жария құқығы, заң

 

CRIMINAL LAW

(6 hours)

(А -2 hours) Warming-up

1. What is a crime?

2. What are distinctions between criminal and civil procedures in Kazakhstan?

3. Is there any difference between serious and less serious crimes?

 

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

English	Kazakh	Russian
violation (n) violate (v)	заңды бұзу	нарушение закона нарушать закон
forbid (v) (forbade; forbidden)	тыйым салу	запрещать
prosecute (v)   prosecution (n)   prosecutor (n)   public prosecutor (n)	сот тәртібімен қудалау   айып   айыптаушы   прокурор	преследовать судебным порядком обвинение   обвинитель   прокурор
claim (n) (for)     claim (v)   claimant (n)	1. талап, шағым, өтініш; 2. талап 1. (шығынды өтеуді) талап ету; 2. талап ету   талапкер	1. требование, претензия, заявление; 2.иск 1. требовать (возмещение убытков); 2.подавать иск   истец
force (v)	мәжбүрлеу	заставлять, принуждать
bring an action	іс қозғау	возбудить дело
defendant (n)	жауапкер, сотталушы, айыпталушы	ответчик, подсудимый, обвиняемый
fine (n)	айыппұл	штраф
victim (n)	құрбан, жәбірленуші	жертва, пострадавший
pursue (v)	1. талап қою; 2. ізге түсу	1.предъявлять иск; 2.преследовать
compensation (n)	залалды өтеу, компенсация	возмещение убытков, компенсация
action (n)	сот процесі, талап	судебный процесс, иск
deal (v) (dealt; dealt) with	іс жүргізу, біреумен іс жүргізу, мәселені қарау	вести дело, иметь дело с кем-то, рассматривать вопрос
party (n)	тарап	сторона

 

Task 2. Tick off the true sentences.

1. Criminal and civil procedures are considered different in most countries.

2. Courts decide exclusively criminal cases.

3. Criminal actions can never be started by the state.

4. The party bringing an action is called a defendant.

5. The phrase “The people vs. Brown” means a criminal case against a person.

Task 3. Match the verbs given on the left with the nouns on the right to form word combinations.

1.violate	a) an action
2.make	b) a fine
3.bring	c) compensation
4.pay	d) distinction
5.deal with	e) the law
6.claim	f) a case

Task 4. Fill the gaps with words and expressions from the text

1. The law … any criminal activity.

2. …is a person who brings an action of law.

3. English Magistrate Courts … with civil and criminal cases.

4. He claimed 50000 tenge …from his employer for being injured at work.

5. The court … him to pay … for speeding.

(В - 2 hours)

Warming-up

1. What is the difference between a CRIME and a CRIMINAL?

2. What are the causes of crimes?

3. Is the crime rate high in Kazakhstan?

Task 1. There are many crimes, or offences. How many of the offences in the box do you know? Choose three and tell a partner what you think they are. Then look up any words you don’t know in a dictionary.

armed robbery arson blackmail bribery burglary car theft drug dealing drunk driving forgery hijacking homicide kidnapping murder pickpocketing rape smuggling shoplifting terrorism vandalism

Task 2. Match each word on the left with the correct definition on the right:

an arsonist	breaks into houses or other buildings to steal
a shop-lifter	kills someone
a vandal	sets fire to property illegally
a burglar	steals things from people’s pockets in crowded places
a murderer	buys and sells drugs illegally
a kidnapper	takes away people by force and demands money for their return
a pickpocket	takes control of a plane by force and makes the pilot change course
a drug-dealer	steals from shops while other acting as an ordinary customer
a terrorist	makes counterfeit (false) money or signature
a hijacker	deliberately causes damage to property
a forger	uses violence for political reasons
a robber	bring goods into a country illegally without paying tax
a smuggler	takes money or property illegally, often by using threats or violence