Differences in Procedure

Before–Exercises

I. Look through the text, write down the nouns with suffixes:
1) -er, -aut, denoting a doer; 2) -tion, -sion, -ment, -ance, -ty.

 

II. Find the adjectives with suffixes:
-al, -able, -ful, -ent.

 

III. Find the adverbs with a suffix “-ly”

IV. Recording the following words:

 

differ – difference prosecute – prosecution punish – punishment probable – probability reason – reasonable

guilt – guilty admit – admissable care – careless argue – argument

 

V. Recollect the meaning of the following modal verbs:
may have to pay
may force to pay
must prove the guilt
should pay money
a crime cannot be proven
has to prove his case

 

VI. Find in the dictionary the meanings of the following words:
to pursue a claim – to benefit – liable –

 

VII. Read the text and answer Before –Questions:
1. Is there any distinction between civil and criminal procedure in most countries?
2. In what cases are the standards of proof higher? Why?
3. How must the guilt of a criminal be proved in English law?
4. Whom are civil actions usually started by?
5. What matters does the Magistrates’ court deal with?

 

Differences in procedure

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.

The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case ”on the balance of probabilities”. Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

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

Some courts, such as the English Magistrates Courts (see Chapter 4) and the Japanese Family Court, deal with both civil and criminal matters. Others, such as the English Crown Court, deal exclusively with one or the other.

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

Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.

After – Exercises

I. Find one sentence of the text from the four given below.
1. It is possible in English law to bring a civil action against the police.
2. Thus, in a civil case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason for this doubt.
3. Most Continental criminal codes are entirely modern inventions.
4. Civil law concerns disputes among citizens within a country and public law concerns disputes between citizens and the state.

 

II. Find and read the sentences corresponding to the following ones:
1. Согласно английскому праву, вина преступника должна быть доказана «вне всякого сомнения».
2. Другие суды, например Суд Королевы, рассматривает исключительно гражданские или уголовные дела.
3. Согласно англо-американскому праву, сторона, возбуждающая уголовное дело, (т.е. в большинстве случаев государство), называется обвинение, а сторона, возбуждающая гражданское дело называется истец.

 

III. Correct the following sentences according to the text.
1. In a criminal case a crime can be proved if the person judging it doubt the guilt of the suspect.
2. Criminal actions are nearly always started by individuals.
3. Magistrates’ Courts deal only with civil cases.
4. The party bringing a criminal action is called the plaintiff.
5. Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about moral punishment.

 

IV. Review the text and find:
a) the sentences which are the most informative ones;
b) the sentences which carry some additional information.

 

V. What was new for you in the text?

VI. Comprehension.
1. In English law the act of violence against a person may be treated both as a crime and as a civil tort. Explain some of the differences between the two procedures.
2. Compare the principles of “proof beyond reasonable doubt” and “proof on the balance of probabilities”
3. Which is / are true? a) Both damages and fines are sums of money.
b) Both damaged and fines may benefit the victim of an accident.
c) Damages are part of the civil system of law.