Иностранный язык в сфере юриспруденции Legal profession Legal professions in England. Barristers. Solicitors. Judges Freedom has to be restricted if it is to survive. This is done by the law which prohibits certain actions because they are against the interests of most citizens. But there is no point in having laws unless they can be enforced. Laws are enforced in two ways: • by the Police, whose duty it is to catch offenders; • by the Law Courts which find out whether a person is innocent or guilty — if he is guilty, the courts then award punishment, either a fine or a term of imprisonment. The court system depends on the legal profession to make it work. Lawyers in England are divided into two distinct groups: barristers and solicitors. Theoretically barristers are advocates and specialists in various fields of law, and solicitors are lawyers who deal with clients directly employing barristers for advice and advocacy in higher courts. Barristers and specifics of their work Many barristers are self-employed and work in offices called chambers. Some barristers work at government departments or agencies such as the Crown Prosecution Service and the Government Legal Profession. There are also a limited number of opportunities to work in the legal departments of large companies or other organizations such as charities. There are different types of barristers: • chancery law — both traditional, trusts and probate, and commercial, business and financial disputes; • civil law; • civil liberties and human rights law; • commercial dispute resolution law; • common law; • company law; • competition law; • criminal law; • employment law; • environment and planning; • family law; • media, sports and entertainment law. The barrister job description can involve a wide range of skills. The role of a barrister can include the following: • the ability to communicate with a wide range of people; • determination, stamina, self-motivation and self-discipline; • excellent communications and interpersonal skills; • the ability to express arguments and ideas clearly; • an analytical mind and a logical approach; • strong academic ability; • commercial and legal awareness; • advocacy skills — the ability to be an advocate for someone else and act in their best interests; • attention to detail and strong research skills; • excellent time, project and people management skills; • the ability to remain calm under pressure and a flexible approach to working when situations change; • problem solving skills; • a responsible attitude and integrity. In order to qualify as a barrister it is obligatory to undertake three components of training: • academic; • vocational; • pupillage or work-based learning. Solicitors and specifics of their work Solicitors are classically called "men of affairs who advise the public in legal and business matters". Solicitors represent and defend clients' legal interests, and provide advice in many situations, for example: • giving expert advice on everyday issues, such as buying and selling homes, and dealing with relationship breakdowns; • helping businesses with commercial transactions • protecting individuals' rights, making sure they're treated fairly by public or private bodies; • providing free help "pro bono" in certain circumstances, for example for people who are unable to pay for legal services. Solicitor's work can be divided into contentious legal work — resolving disputes between two or more parties, usually in a court or tribunal — and non-contentious legal work – dealing with the legal aspects of a client’s business or personal matter. Solicitor's duties include: • researching cases and legislation; • drafting letters, contracts, wills and other legal documents; • liaising with clients and other professionals such as barristers; • representing clients in court or at tribunals. Structure of the English judiciary system The English judiciary system is organised very differently. They have no ministry of Justice. Some of the functions of such a ministry are distributed among members of the Cabinet; to a certain extent the Home Secretary is their minister of criminal justice, and to a lesser extent the Lord Chancellor is their minister of civil justice. The traditional picture of the English lawyer is that the solicitor is the legal adviser of the public. The solicitor may conduct the client's case in the lower courts. The barrister can be consulted only through the solicitor; he has the sole right of audience in the higher courts. There is approximately one solicitor to every 1300 of the population, with considerable regional and local variations. There is a heavy concentration in commercial centers. The ratio for barristers is about one per every 10,000. But a lot of work in English solicitors' offices is undertaken by managing clerks, now called "legal executives", who are the third type of lawyers. The judge is the presiding officer of the court. Judges are not themselves a separate profession: they are barristers who have been elevated to the bench, itself a name derived from the part of the Court where they sit. The judge decides the interpretation of the law. The great strength of the British legal system lies in the position of the judges. Once they are appointed it is practically impossible to dismiss them as long as they remain on "good behaviour". The jury system is one of the most distinctive features of British justice. A jury consists of twelve people who are householders, selected at random by the officers of the court. Notice that they are not legal specialists, but simply ordinary men and women who have been ordered to attend. With a few exceptions, juries are seldom employed today in civil cases. In criminal cases involving more than three months' imprisonment, which are not tried by the magistrates' courts, the trial must be by a jury. The professional judges, "High Court Judges", deal with the most serious crimes. They are paid salaries by the state. But in Britain, the vast majority of judges are unpaid, doing their work voluntarily, and they are called Magistrates or Justices of the Peace. They are usually well-known local citizens who are selected not because they have any legal training but because they have "sound common sense". They are appointed by the Lord Chancellor. Legal professions in the USA The legal profession in the United States is a vital component of the country’s judicial system, ensuring the rule of law and the protection of individual rights. It encompasses a diverse range of roles, each with its own responsibilities, qualifications, and areas of expertise. The present generation of would-be lawyers seems to be driven by the competitive spirit and the several alternative avenues that a law degree provides. The majority of law students do look at legal careers within the US either in law firms, multinational corporations or the judiciary. The US Bureau of Labour Statistics states that salaries of experienced lawyers would vary widely according to the type, size, and location of their employer. The legal services in the US have almost always appeared in the list of topranking and top-paying jobs and therefore still an appealing career choice for many. Let's now review some of the top legal careers in the US. 1. Litigation and trial lawyers representing clients in both civil and criminal litigation are widely sought. They lead the way in being the top paid legal professionals and get well paid when they are able to win cases for their clients. 2. Attorneys, commonly referred to as lawyers, are perhaps the most recognized legal professionals in the United States. They represent clients in legal matters, provide advice on legal rights and obligations, and advocate on behalf of their clients in court. An attorney will focus their practice in the courtroom. They're automatically lawyers at the same time because they need to go through the same process to qualify. The difference is that upon passing the bar, they also need the approval to practice law in court. 3. Barristers are highly trained with specialist knowledge and experience in and out of court. The Bar is committed to excellence in advocacy, advisory services and promotes the unique position of barristers as independent and objective legal specialists. 4. General counsels head the law departments of corporations. 5. Judges work in courts and enjoy healthy benefits, expense accounts and contributions to retirement plans made on their behalf. 6. Academia: securing a position as a law school teaching faculty, including as a teaching assistant, can be very competitive. Qualifications for top candidates would require a law degree from a top law school, high grades, work experience in the legal practice, and publications in scholarly journals. 7. Arbitrators, mediators, or conciliators: arbitrators are usually attorneys or hold specific industry knowledge. They hear and decide disputes between opposing parties as an impartial third party. Mediators on the other hand help people resolve their disputes. Conciliators are similar to mediators who help guide opposing sides to a settlement. 8. Litigation Support Roles organize, analyse and present case materials through computer systems. Legal professionals in litigation support roles earn good salaries and possess law degrees or advanced degrees in technology, business or finance. As technology controls the legal practice in handling processes, legal research, database management and administrative activities, legal professionals are increasingly opting for these roles. 9. Legal Specialist Roles in specific industry areas are also gaining fast popularity. A legal specialist may be involved in support scheduling, obtaining equipment and editing presentations and notes apart from drafting, editing and updating legal documents and validating them for accuracy. Much of the work involves being part of the organisation’s processes and developing, implementing and validating document management, version processes and discovery processes. 10. Law Firm Administrators mostly oversee the business and administrative aspects of running a law firm and perform non-legal aspects of law practice such as financial management and reporting, business development, human resources, facilities management, technology, marketing and practice management. This can be a great career option for those seeking a regular working-hour job within the legal industry. 11. International organisations: although not among the top-paying jobs, candidates often consider a career with an international organisation such as the UN, international charities or campaigning organisations. Many students and graduates, particularly with a background in law and having an interest in international relations may consider a career working for an international organisation. Although rewarding in the long-term, few opportunities are available for new graduates to work in this field other than as an intern or volunteer. 12. Law firm consultant/legal recruiter enjoy a varied work environment, flexibility and the ability to attend meetings, travel and meet people. Top law firms in the US rely heavily upon legal recruiters for fresh entrants. Legal recruiters are able to identify bright law graduates, review their CVs and arrange interviews. Having some experience in recruitment can give better prospects at this profile. The legal profession in the United States is diverse and multifaceted, encompassing a wide range of roles that contribute to the functioning of the legal system. Legal professions in Russia In Russia, lawyers provide legal assistance, represent clients in court, and offer advice on legal matters. The role of a lawyer is vital in both criminal and civil law cases. Currently, justice in the Russian Federation is treated as a special type of independent state activity. The aim of justice in Russia is to safeguard the citizens' rights and interests as well as those of the state and of individual institutions, enterprises and organizations. Justice in the Russian Federation is administered by the courts of law only, whereas the court system depends on the legal profession to make it work. Russia is similar to many other European countries in having different kinds of lawyers, and consequently various types of state and privately-owned legal institutions that form the basis of the country’s legal system. A diploma in law enables you to make a career of a judge, an attorney, a legal adviser, a procurator, a notary or an investigator. Let's review each of them in detail. Judges: citizens of the Russian Federation, who have reached the age of twenty five, have a higher legal education, and a record of work in the legal profession of no less than five years, may become judges and work in all levels of courts of the Russian Federation. Procuracy, which, like all Russian courts, protects legality, law and order in the country. Its main function is to supervise the implementation of laws by local legislative and executive bodies, administrative control organs, legal entities, public organizations, and officials, as well as the lawfulness of their acts. The ProcuratorGeneral of the Russian Federation is nominated by the President and serves a fiveyear term. Procurators of republics, regional and city prosecutors are appointed by the Russian Prosecutor-General. A career of an attorney is usually started in advocatura or Russian Bar with its main function to provide representation to citizens in courts in both civil and criminal cases. Professional attorneys in Russia form the so-called colleges — professional unions of about 150 lawyers each. These colleges maintain consultation bureaus in virtually every town and city throughout the country. At the consultation bureaus citizens may seek legal advice on a vast array of questions: • divorce; • custody; • inheritance; • property rights; • housing disputes; • labor conflicts. The colleges also provide legal defense for people accused of criminal offences. The constitution provides that a defendant is guaranteed the right to legal counsel and the legal assistance will be provided free of charge if the defendant cannot afford a lawyer. Russian attorneys are also establishing their own law firms, independent of the colleges and consultation bureaus. Lawyers are also widely employed by militia organs of the Russian Federation as investigators. Investigators are responsible for: • conducting the criminal investigation; • collecting the evidence; • finding witnesses; • providing the document basis of any criminal case. A notary is another important type of a legal profession. The most common function of a notary is to notarize documents. Notaries are also authorized to witness and attest signatures, to take acknowledgements and certify or attest copies. It is widely acknowledged that the profession of a lawyer is one of the most important and diversified professions in any law-governed state. The main purpose of this profession is to protect the rights and legal interests of citizens, institutions and organizations, as well as to educate people in the spirit of strict observance of all laws and the norms of behavior. Глоссарий Иностранный язык в сфере юриспруденции Law of Tort Бездействие — невыполнение или несвоевременное выполнение действия, которое должно было быть выполнено в соответствии с обязанностями или обязательствами. Деликт — гражданское правонарушение, влекущее за собой ответственность за причинение вреда другому лицу или его имуществу. Деликтное право — отрасль права, регулирующая гражданские правонарушения и ответственность за причинение вреда другим лицам или их имуществу. Нарушение обязанностей — невыполнение обязательства или обязанности, возложенной на определенное лицо в соответствии с законом или договорными отношениями. Небрежность — форма гражданской ответственности, при которой одна сторона несет ответственность перед другой за вред, причиненный небрежным поведением. Обязанность проявлять должную осмотрительность — обязанность проявлять разумную осторожность и заботу о других людях или их имуществе, чтобы не причинить вреда. Преступник — лицо, совершившее гражданское правонарушение, или деликт, причинившее вред другому лицу или его имуществу. Причинно-следственная связь — причинно-следственная связь между действием или бездействием и результатом, которая рассматривается в контексте юридической ответственности. Средство правовой защиты — способ восстановления нарушенных прав или компенсации причиненного вреда. Судебный запрет — постановление суда, предписывающее или запрещающее совершение определенных действий, обычно для защиты прав или предотвращения ущерба. Ущерб — вред, травма или потеря, причиненные одной стороной другой в результате действия или бездействия. Omission — failure or neglect to perform an act that should have been performed according to duties or obligations. Tort — a civil wrong that gives rise to liability for harming another person or their property. Law of tort — an area of law that governs civil wrongs and liability for causing harm to others or their property. Breach of duty — a failure to perform an obligation or duty that was assigned to a certain person in accordance with the law or contractual relations. Negligence — a form of civil liability in which one party is responsible to another for harm caused by negligent conduct. Duty of care — an obligation to exercise reasonable caution and care for other people or their property to avoid causing harm. Tortfeasor — a person who commits a civil wrong, or tort, causing harm to another person or their property. Causation — the causal relationship between an action, or omission, and the result, which is considered in the context of legal liability. Remedy — a legal remedy or way to restore violated rights or compensate for harm done. Injunction — a court order directing or prohibiting the performance of certain actions, usually to protect rights or prevent damage. Damage — harm, injury, or loss caused by one party to another as a result of an act or omission. Иностранный язык в сфере юриспруденции What is Law Law. Reasons for having it Most laws have developed from customs. Customs are settled and accepted ways of behavior in the defined circumstances. The development of the society made it obvious that customs could not regulate all aspects of social relations and that, in turn, caused a need for laws. Every country has its own system of law as each country has developed differently. But in all countries the idea was the same: to separate legislature and judiciary. The courts would only apply the law that the governments had made. When making new codes, the lawmakers were influenced by the codes produced in the 7th century under the direction of Roman Emperor Justinian. This is where the name "Roman law" comes. The common law system in England began to develop after the Norman Conquest in 1066. Before that the island had been following the law of the Anglo-Saxons, who had been present there since 5th Century AD. The Anglo-Saxon law, especially after the accession of Alfred the Great in 871 AD, consisted of a developed body of rules resembling those being used by the Germanic peoples of northern Europe: • local customs governed most matters; • the church played a large part in government; • crimes, which were often based upon blood feud, were treated as wrongs for which compensation was made to the victim. The Anglo-Saxon law was relatively free of the Roman influence and its influence was only exerted indirectly and primarily through the Church. Only with the Norman Conquest did the Roman law started to impact the development of the laws of England. Unlike most modern states, Britain does not have a codified constitution. Instead, it relies on Acts of Parliament, court judgments and conventions. One of them is Magna Carta. It is Latin for 'great charter' and the term was first used in 1217 to distinguish it from the Charter of the Forest, a document that also set out limits on the king's administration, this time of the royal forest, areas of the country set aside for royal hunting and subject to much harsher laws and restrictions. In other words, Magna Carta was the first document to set out the laws that the king and everyone else had to follow. Copies of Magna Carta were sent out to be read out in each county of England so that everyone knew of its existence. Origin of laws Wherever people live together, they usually agree on rules about conduct and procedures. They do this so that the group may better achieve its objectives and to ensure that the rights of its individual members are respected and protected. Schools have rules specifically for these purposes. Families too might have rules, determined by parents, to ensure the safety of younger members. Society has certain unwritten rules that reflect social and cultural values, such as an expectation that individuals display courtesy and good manners, observe things like queues and keep to the left on escalators. A law is the highest form of rule and protects individuals by determining what is acceptable behaviour and conduct. Laws are considered a fundamental element of civilized society. They are responsible for: • maintaining order; • ensuring good conduct; • protecting the human and civil rights of individuals. Without a system of laws, society would most likely degenerate into disorder and anarchy. Let's review some of the definitions to help us look at laws from different points of view: According to Salmond: "Law is body of Principles recognised and applied by the State in the Administration of Justice." According to Paton: "Law consists of a body of rules which are seen to operate as binding rules in the community by means of which sufficient compliance with the rules may be secured to enable the set of rules to be seen as binding." Austin says: "Law is the command of Sovereign," i.e. rules laid down by political superiors to political inferiors. In the words of A. V. Dicey: "Law is the reflection of Public opinion." Thus, various sources define law as a set of rules or standards, enforceable by the courts, which regulate the activities of the state, the relationship between the state and the citizens, the relationship between individuals and the conduct or behavior of an individual. There are several purposes of law: 1. Establishing standards. The law shapes acceptable behaviour in the society. According to the law, it is possible to identify what offences are. 2. Maintaining order. The primary function of law is to maintain peace, justice and order. 3. Resolving disputes. Any society consists of people with different needs, that is why disputes are unavoidable. The law creates a judicial system including the system of the courts for mitigating these controversies. 4. Protecting liberties and rights. The constitutions secure guiding liberties and rights from the unreasonable intrusions by persons, organizations, or governments. Why does law matter at all? 1. Laws set the standard for acceptable (and unacceptable) behaviours. At its most basic, the law is about mitigating conflict. When creating laws, societies reckon with what drives conflict. Some things, like murder and theft, are obvious and have been included in laws stretching back to ancient times. 2. Laws provide access to justice. If it is against the law to punch someone in the face, someone who gets punched can do something about it other than simply swinging back. In a perfect world, justice is equal. It does not matter who got punched or who did the punching. What matters is that the law against punching was broken. 3. Laws keep everyone safe. Laws do not only respond to injustices and harm. They work to prevent them. Food safety laws are a prime example. In the past, the food industry was horrendously unregulated. In the 18th and 19th centuries, American food producers went to extreme measures in their quest for profit. They watered down milk and stirred in materials like chalk for colour. In 1906, American President Roosevelt and the Congress passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This marked the beginning of modern food safety and monitoring. 4. Laws make human rights a reality. Supreme Court Justice Sonia Sotomayor once said, "I firmly believe in the rule of law as the foundation for all our basic rights". Basic rights are the human rights that everyone is entitled to. This includes the right to life, the right to marry, the right to be free from discrimination, and more. 5. Laws are important for social progress. If laws remained stagnant, so would societies. Throughout history, law has been employed as a tool for social change. Laws prevent people from getting fired from their jobs because of who they marry or because of a disability. The concept of law as a mechanism for social change is complicated because if the majority of a community doesn’t agree with the law, it’s likely that the law won’t be enforced. Two motives for making and enforcing laws Every society that has ever existed has recognized the need for laws. But what motivates governments to create and enforce laws? Take a look at Figure 1 to see the main motives. Figure 1. Two motives for making and enforcing laws Motives for making and enforcing laws Social control Implementation of justice The first motive is social control. No doubt that the power and authority of the state are established by public laws. The framework for peaceful interaction among citizens is provided by civil laws. Without laws there could be disorder and anarchy in society. One more reason why we have laws is the implementation of justice. But the problem here is that very few people can define what justice is. However, most of us feel that it is something very important. The concept of justice differs in every culture. It has been the subject of debates for philosophers, theologians and legislators since the time when the Ancient Greek philosopher Plato set up his first theory of justice. The common place of these debates is the following. The values which are created and dominate in the society influence the notion of justice. The word "justice" is often used together with the word "fairness". We all want to be treated fairly. But we all are very different, and what is fair for one group of people may be unfair for another one. In fact the everyday notion of justice and fairness is rather far from their theoretical definitions. And governments have much more practical considerations such as rising crime rates to enforce laws. Sometimes laws look like an attempt to use common sense, but it is not so simple. Common sense itself is a complex combination of skills based on behaviours of different people in different situations. So to sum up, the motives to make and to enforce laws are based on several purposes. And the government-made laws reflect this combination of reasons. Law in the life of ordinary people A society cannot function without basic rules and laws. In our everyday life we make decisions, and these decisions are made with law in mind. Without laws and rules the way we live our lives would change: we would have to act differently, the way we survive would be different, the way we protect our self would change, and the way we view our society and the human race would also be different. In the opinion of many people, the law is a necessary evil that should be used only when everyday informal ways of settling disputes no longer work. If our neighbour plays loud music late at night, we will probably try to discuss the matter with him rather than consulting the police, lawyers or the courts. Only when we are injured in a train accident, or when a neighbor refuses to behave reasonably, we do start thinking about the legal implications of everyday activities. In general, it seems that people all over the world are becoming more and more accustomed to using legal means to regulate their relations with each other: • multinational companies employ expensive experts to ensure that their contracts are valid wherever they do business; • non-industrialized tribes in South America use lawyers in order to try to stop governments from destroying the rainforests where they live; • in the former Soviet republics where law was long regarded as merely a function of political power, ordinary citizens have started challenging the decisions of their governments in courts of law. And at a time when workers, refugees, commodities and environmental pollution are travelling around the world faster than ever before, there are increasing attempts to internationalize legal standards. When it helps ordinary people to reach just agreements across social, economic and international barriers, law seems to be regarded as a good thing. However, when it involves time and money and highlights people’s inability to cooperate informally, law seems to be an evil — but a necessary one that everyone should have a basic knowledge of. Reasons for seeking legal advice Liability for legal malpractice can arise from giving legal advice. Legal advice is guidance regarding an individual's legal rights and obligations in light of their unique facts and circumstances. Legal advice can be provided by in-house or external lawyers. In-house lawyers are employees of the company and provide legal advice exclusively to that company. External lawyers are hired by the company for a specific period of time or for a specific task. External lawyers may be a more cost-effective option for companies that do not need full-time legal counsel. Some transactions in modern society are so complex that few of us would risk making them without first seeking legal advice. Some examples of such transactions include: • buying or selling a house; • setting up a business; • deciding who will inherit our property when we die. When choosing your legal adviser it is important to check that: • they have experience in the issue you want help with; • they are suitably qualified to offer you the assistance you need. You should get legal advice as soon as an issue arises because delay can adversely affect the outcomes of court cases. Once a decision has been made there are strict deadlines for making appeals. Delay can mean losing your case even if your legal claim is correct. Contacting a lawyer early for preliminary advice will help you understand the legal issues involved, the kind of information you need to collect and to make a practical decision about what course of action to pursue, including a court challenge. If you need advice from a lawyer, you will need to give them as much information as possible. Need for making legal advice In today's complex world, the need for seeking legal advice has become more crucial than ever before. Whether you are an individual facing a legal issue or a business navigating the intricate web of laws and regulations, having access to sound legal advice is paramount. Here is the list of five reasons why it is important: 1. Understanding rights and obligations: The legal system is vast and can be overwhelming for those not well-versed in it. Legal advice helps individuals and businesses understand their rights and obligations under the law, enabling them to make informed decisions. 2. Protection from legal risks: Ignorance of the law is not an excuse, and failing to seek legal advice can expose individuals and businesses to significant legal risks. Legal advisors can help identify potential risks and provide strategies to mitigate them. 3. Compliance with laws and regulations: Laws and regulations are constantly evolving, making it challenging for individuals and businesses to stay compliant. Legal advisors can help ensure that you are operating within the bounds of the law, avoiding costly penalties and legal disputes. 4. Conflict resolution: Legal advice is crucial in resolving disputes and conflicts in a timely and efficient manner. Whether it is a contractual dispute, a family matter, or a business conflict, legal advisors can provide guidance on the best course of action to achieve a favourable outcome. 5. Strategic decision-making: Legal advisors offer valuable insights and expertise that can help individuals and businesses make strategic decisions. Whether it is drafting a contract, negotiating a deal, or planning for the future, legal advice can be instrumental in achieving your goals. In conclusion, the need for seeking legal advice cannot be overstated. In a world where laws and regulations govern nearly every aspect of our lives, having access to competent legal counsel is essential for protecting your rights, managing risks, and making informed decisions. Whether you are facing a legal issue or simply want to ensure compliance with the law, seeking legal advice is a wise investment that can save you time, money, and stress in the long run. Глоссарий Иностранный язык в сфере юриспруденции Law systems Законодательство — процесс создания или принятия законов; свод законов, принятых органом государственной власти. Идеология — набор убеждений или принципов, которые формирование и толкование законов в рамках правовой системы. влияют на Историческая подоплека — контекст прошлых событий и явлений, которые формируют текущее состояние правовой системы. Оперативный инструмент — средство или механизм, используемый в практических целях; в данном контексте это относится к правовой системе как средству реализации законов и нормативных актов. Правовая идентичность — отличительные характеристики и особенности правовой системы страны, которые способствуют формированию ее национальной идентичности. Правовая система — всеобъемлющая совокупность законов, институтов, норм и практик, которые регулируют правовые отношения в обществе. Правовая традиция — историческая и культурная практика, которая формирует толкование и применение закона в обществе. Правовой источник — любой письменный или неписьменный материал, который содержит информацию о законе и может быть использован для определения того, что закон требует или разрешает. Правовые особенности — уникальные характеристики или черты правовой системы, которые отражают конкретный культурный, исторический и социальный контекст страны. Религиозная правовая система — свод законов и нормативных актов, основанный на религиозных убеждениях, ценностях и принципах. Это часто используется в странах, где религия играет важную роль в обществе и государстве. Система гражданского права — правовая система, в которой законы кодифицированы, то есть записаны и сгруппированы в кодексы. Эти кодексы служат основным источником права, и судьи применяют положения кодекса к конкретным случаям. Система общего права — правовая система, основанная на прецедентах и прецедентном праве, где судебные решения используются в качестве источника права. Система обычного права — правовая система, основанная на обычаях, традициях и практике конкретного общества или сообщества. Социалистическая правовая система — правовая система, основанная на принципах социализма. Для нее характерны государственная собственность и контроль над ключевыми отраслями, коллективное принятие решений и стремление к достижению социального равенства и справедливости. Социальная идентичность — часть «я» человека, концепция, основанная на восприятии принадлежности к определенной социальной группе. Социальные отношения — взаимодействия и связи между людьми и группами внутри общества, часто регулируемые законом. Юридический обычай — устоявшаяся модель поведения в определенной социальной среде. Юрисдикция — законное право рассматривать и разрешать дело. Она определяет, какой суд или другой орган имеет право толковать и применять закон в конкретной ситуации. Legislation — the process of making or enacting laws; the body of laws enacted by a governing authority. Ideology — a set of beliefs or principles that influence the formation and interpretation of laws within a legal system. Historical background — the context of past events and developments that shape the current state of a legal system. Operational instrument — a tool or mechanism used for practical purposes; in this context, it refers to the legal system as a means to implement laws and regulations. Legal identity — the distinct characteristics and features of a country's legal system that contribute to its national identity. Legal system — a comprehensive framework of laws, institutions, norms, and practices that govern a society's legal affairs. Legal tradition — the historical and cultural practice that shape the interpretation and implementation of law within a society. Legal source — any written or unwritten material that provides information about the law and can be used to determine what the law requires or permits. Legal peculiarities — unique characteristics or features of a legal system that reflect the specific cultural, historical, and social context of a country. Religious legal system — a set of laws and regulations based on religious beliefs, values, and principles. It is often used in countries where religion plays a significant role in society and government. Civil law system — a legal system in which laws are codified, meaning they are written down and organized into codes. These codes serve as the primary source of law, and judges apply the provisions of the code to specific cases. Common law system — a legal system based on precedent and case law, where judicial decisions are used as a source of law. Customary law system — a legal system based on the customs, traditions, and practices of a particular society or community. Socialist legal system — a legal framework based on the principles of socialism. It is characterized by state ownership and control over key industries, collective decisionmaking, and the goal of achieving social equality and justice. Social identity — the portion of an individual's self — a concept derived from perceived membership in a relevant social group. Social relations — the interactions and relationships among individuals and groups within a society, often regulated by law. Legal custom — the established pattern of behavior within a particular social setting. Jurisdiction — the legal authority to hear and decide a case. It determines which court or other body has the power to interpret and apply the law in a particular situation. Иностранный язык в сфере юриспруденции Heads of Tort Heads of tort There are numerous individual torts but they are easily divided into two main types. Many torts will be about unlawful interference while many others will be about a breach of a duty created by law. Lawyers refer to different kinds of torts as the heads of tort, the most important of which are: • negligence; • nuisance; • trespass to land; • trespass to the person; • defamation; • product liability; • vicarious liability. Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act, e.g., a duty to help someone because of one’s own previous conduct. Car accidents are among the most common events that result in personal injury lawsuits. Operators of motor vehicles have a duty to exercise reasonable care while driving, follow the rules of the road, and avoid hurting pedestrians, bikers, and other drivers. Negligence arises if they fail to do so and ultimately cause an accident that results in injuries to another. Some common negligence case examples under this category include, but are not limited to, the following scenarios: • a driver runs a stop sign and slams into another car; • a driver operates illegally in the bicycle lane and hits a bicyclist; • a driver runs a red light and hits a pedestrian in a crosswalk. Negligence lawsuit cases can also arise out of premises liability claims. Individuals have a right to be safe from harm when they are lawfully on another person's property. This includes settings such as stores, schools, parks, office buildings, shopping malls, grocery stores, and hotels, among many others. An injured person may file a lawsuit under this category if they become injured on another's property due to negligence in the management of the premises or as a result of an unsafe or defective condition present at the property. Some negligence case examples involving premises liability include, but are not limited to, the following hypotheticals: • a hotel patron sustains injuries due to a ceiling collapse in their room; • a worker gets injured in an elevator shaft fall; • a shopper slips and falls on wet flooring at a grocery store after the owner fails to put up a "Caution: Wet Floor" sign after cleaning up a spill. Negligence at construction sites can lead to a number of different accidents, which include, but are not limited to, falling object accidents, falls, electrocution, caught in-between accidents, defective ladder accidents, crane accidents, demolition accidents, and elevator accidents. The following are some specific negligence cases examples within the construction sector: • a construction worker sustains serious injuries after getting hit on the head by a heavy, falling object; • a laborer is fatally injured after using a defective saw; • a pedestrian is seriously injured after getting struck by flying debris from a demolition site. When a person dies as a result of another’s negligence, family members of the deceased individual may commence a wrongful death lawsuit against the person whose negligent actions or inactions caused the death. Notably, car accidents cause the most wrongful death claims due to the large amount of drivers each day and the frequency at which people drive. The following are some negligence case examples that may warrant filing a wrongful death lawsuit: • a passenger in one vehicle is killed in a collision with another vehicle; • a pedestrian is struck and killed by a bus while walking within a crosswalk; • a motorcyclist is run off the road and dies after a driver fails to use turn signals and fails to safely merge into the motorcyclist’s lane. Negligence is a foundational concept of tort law. Some primary factors to consider in ascertaining whether a person’s conduct lacks reasonable care are: • the foreseeable likelihood that the conduct would result in harm; • the foreseeable severity of the harm; • the burden of precautions necessary to eliminate or reduce the risk of harm. The following five elements may typically be required to prove negligence. 1. The existence of a legal duty that the defendant owed the plaintiff. 2. Defendant’s breach of that duty. 3. Harm to the plaintiff. 4. Defendant’s actions are the proximate cause of harm to the plaintiff. 5. Defendant’s actions are the cause-in-fact of harm to the plaintiff. Nuisance refers to actions by someone or something within their control that interfere with rights of either the public or private citizens outside of their property. This can be in many forms such as creating loud noises or letting water run onto another person’s property. Courts look broadly to evaluate whether an action by a party constitutes a nuisance, including whether the action unreasonably interferes with the health, safety, and comfort of the affected parties. The length of the nuisance, degree of unreasonableness, and whether there is a law or regulation prohibiting the act will be influential. Where there is a nuisance, parties typically receive damages unless the nuisance will continue or prove irreparable, in which case parties may seek equitable relief. The ability of a party to recover from a nuisance depends on whether the nuisance is public or private. There are public and private nuisances. Let's review each of them with examples. A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. For example, a business that emits large amounts of foul smelling gas that spreads throughout the city would be creating a public nuisance. Most public nuisances must be brought by government officials on behalf of the public. Private citizens can bring a class action to enjoin the nuisance in some cases. For a private individual to bring an action on their own, they must have suffered a greater or different nuisance than the rest of the public. In the above example, if the gas intruded into houses beside the business, those homeowners might be able to bring private actions given the unique impact on their homes. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through the actions of another. Courts use several factors to determine reasonableness including: • whether the plaintiff had the property before the nuisance began; • the level of harm versus the usefulness of the defendant’s activity; • whether the action would be annoying to the average person. For example, a person mowing their lawn once a week in a neighborhood, while loud, will likely not be a nuisance given the utility of keeping grass mowed and expectations of the average person. However, a person that has a loud generator outside running all day for over a week could very well be considered a nuisance to neighbors. A court will not find a private nuisance where the harm is caused by the unique attributes of the plaintiff rather than due to the actions of the defendant. For example, if a person has a unique sensitivity to noise, a neighbor will not be liable to the person for harm from using a lawn mower, even if it causes the person ear pain. The typical remedy for nuisance, either public or private, is damages. Courts may grant injunctive relief if monetary damages will not adequately resolve the dispute. In some circumstances, an individual may go onto another’s property to stop a nuisance occurring, but they must be careful only to use reasonable actions to abate the nuisance. For example, if a neighbor left a water hose on that was washing away a person’s flowers, they likely could go onto the neighbor’s property and turn the water off. However, the person could not go onto the neighbors property and rip the faucet off the house. Trespass to land occurs where a person directly enters upon another’s land without permission, or remains upon the land, or places or projects any object upon the land. Here are some examples of trespass. 1. Entering a private residence: a person walks into a neighbor's home without an invitation or permission, even if they do not intend to steal anything. 2. Walking on private land: a person crosses through a fenced-off area of land that is clearly marked as private property, ignoring "No Trespassing" signs. 3. Parking on private property: a vehicle is parked in a driveway or lot that is not open to the public without the owner’s consent. Trespass to the person is a legal concept that deals with intentional harm or interference with an individual's personal integrity and physical well-being. It encompasses two distinct but related torts: assault and battery. In England and Wales, it also includes false imprisonment. False imprisonment occurs when a person is confined or restrained against their will without lawful justification. Here are some examples. 1. Wrongful detention by security personnel: a store security guard detains a customer for suspected shoplifting without sufficient evidence or reasonable suspicion, preventing them from leaving the store. 2. Unlawful arrest by police: a police officer arrests an individual without probable cause or a warrant, holding them in custody without legal justification. 3. Involuntary confinement in a mental health facility: a person is admitted to a psychiatric hospital against their will and without proper legal procedures being followed, such as a court order. Defamation is the act of making false statements about a person that causes harm to the person’s reputation. Technically speaking, the term "defamation" is used to refer to a false assertion that has been made about another person. Usually, the goal of making a false statement like this is to hurt the other person. Defamation is frequently mentioned in relation to libel and slander. Below are some examples of defamation. 1. False accusation of a crime: a person tells others that a neighbor has been arrested for theft when this is not true, damaging the neighbor's reputation in the community. 2. Spreading rumors: an employee tells coworkers that a colleague is having an affair with their boss, which is completely false and harms the colleague's professional standing. 3. Misleading statements about competence: a manager publicly claims that an employee is incompetent and has been fired for poor performance, even though the employee was never fired. Product liability is the area of the law that governs this type of injury. The burden to recover damages under product liability law is lower than in other personal injury cases. This is because the plaintiff does not have to prove negligence. Plaintiffs typically file product liability cases against a manufacturer or retailer for selling a dangerous or defective product to a consumer. All distribution chain parties can be liable in a product liability lawsuit. This is because manufacturers, retailers, and distributors must only market products that meet the ordinary expectations of the consumer. Below are some examples of product liability cases. 1. Defective manufacturing: a toy manufacturer produces a batch of dolls, but due to a malfunction in the assembly line, some dolls have small parts that can easily detach and pose a choking hazard for young children. If a child chokes on a detached part, the manufacturer could be held liable for producing a defective product. 2. Design defects: a car manufacturer designs a vehicle with a fuel tank that is prone to exploding in rear-end collisions. If someone is injured in an accident due to this design flaw, the manufacturer could be held liable for the design defect. 3. Failure to warn: a pharmaceutical company produces a medication but fails to adequately warn consumers about serious side effects. If a patient suffers harm due to these side effects, the company could be held liable for not providing sufficient warnings. Vicarious liability is liability that arises when an individual or entity is held partially responsible for the unlawful actions of another party, even though the latter carried out the actions alone. Vicarious liability can arise in situations where one party is responsible for, and has control over, someone such as an employee, and is deemed negligent in carrying out their responsibility and exercising their control. Below are some examples of vicarious liability. 1. Agency relationships: a real estate agent showing a property accidentally causes damage to a client's home. The real estate brokerage may be held vicariously liable for the agent’s actions since the agent was acting on behalf of the brokerage. 2. Retail store incidents: an employee at a retail store spills a liquid on the floor and fails to clean it up, leading to a customer slipping and falling. The store owner may be held vicariously liable for the employee's negligence while performing job duties. 3. Construction accidents: a construction worker accidentally damages a neighbor's property while operating heavy machinery on a job site. The construction company that employs the worker may be held vicariously liable for the damage caused by its employee during work. Statutory torts A lot of torts are based on the common law that is on precedents. Some torts come from statutes and are known as statutory torts. The breach of duty that must be proved is defined in a statute. For example, injury suffered because of defective equipment may lead to negligence action regulated by the 1969 Employers Liability Act. However, not every wrong committed in the society is remediable in tort. The claimant has to show that he has to show that he has suffered an action recognised as a tortious one and he has to show that this relation to the tortfeaser gives him the legal capacity to sue. A statutory tort is a type of civil wrong that is specifically defined and governed by statutes or laws enacted by legislative bodies, rather than being based on common law principles or judicial decisions. Statutory torts are created when a legislature passes a law that outlines particular wrongful actions or behaviours and establishes liability for individuals or entities that engage in those actions. Statutory torts are created by the legislature through the passage of a statute or law that explicitly defines the wrongful conduct and sets the legal standards for liability. These statutes provide a clear and specific framework for determining whether a tort has occurred. Statutory tort statutes tend to be precise and clear in their definitions because they are codified in written laws. This clarity helps individuals and legal professionals understand their legal obligations and potential liabilities. Statutory tort statutes often specify the elements or requirements that must be met to establish liability. Plaintiffs must typically prove that the defendant's actions meet the criteria set forth in the statute to succeed in a statutory tort claim. Statutory tort statutes also frequently outline the remedies available to plaintiffs who prevail in their claims. These remedies may include monetary damages, injunctive relief — court orders to stop certain actions, or specific performance — requiring the defendant to fulfil a contractual obligation. Statutory torts provide a degree of uniformity across jurisdictions within the same legal system because the statutes provide consistent standards for liability. However, variations may still exist based on the content of state or federal statutes. Examples of statutory torts can vary depending on the jurisdiction and the specific laws in place. Some common examples include: • defamation; • product liability; • consumer protection; • invasion of privacy. In summary, statutory torts are civil wrongs that are specifically defined and governed by statutes or laws passed by legislative bodies. These torts offer clear standards for liability and remedies to individuals who have been harmed due to the actions or behaviours outlined in the relevant statute. While common law torts are based on judicial decisions and legal principles, statutory torts are distinguished by their legislative origin and explicit definitions. Иностранный язык в сфере юриспруденции Starting Action in Court Starting a civil action in England and Wales When a person is in dispute with another person, sometimes it is necessary to start a claim in the civil court. This process is called "filing a claim" or "issuing a claim". In England most civil claims are filed with the country court. There are over 200 country courts in England and Wales. Most cities and large towns have a country court. A claim is a set of operative facts creating a right enforceable in court. The term "claim" is generally synonymous with the phrase "cause of action", though some contexts prefer to use one of the terms over the other. For example, in the field of insurance, you generally file a claim for coverage under a policy rather than file a cause of action for coverage under a policy. In order to be a valid claim, it must have: • merit; • be based on provable facts; • be supported by the law. The assertations must be factual, complete, and have evidence or other forms of proof. When a claim is invalid due to lacking merit, it is called an unreasonable claim. A claim is a legal declaration or demand someone makes seeking compensation or alleging owed payment for loss caused to them. A claim is usually based on asserting loss from a contract or negligent tort. A person or entity can make a legal demand against another party, which can be a person or entity, for the claimed wrongdoing. The people or entities directly involved in a lawsuit are called parties. They are plaintiffs, the party who filed the civil case, or defendants, the party the plaintiff sued in a civil action or the government accused in a criminal case. The plaintiff in a civil case is the person, corporation, or other entity that files the lawsuit. At the trial court level, they have the burden of proof with regard to their claims. Generally, the plaintiff in a civil case must prove each element of their case by a preponderance of the evidence. This means that they must prove each allegation they make is more likely to be true than not. In a criminal case, the government acts as the plaintiff and prosecutes the criminal defendant. The prosecution must prove each element of the charged crimes beyond a reasonable doubt to secure a guilty verdict. In a civil case, the defendant is the person, corporation, or entity against whom the plaintiff files their lawsuit. In a criminal case, the defendant is the person, corporation, or entity against whom the government has filed criminal charges. The procedure for the court action is typically as follows. 1. The plaintiff or prosecution presents their case to the court first. Once they finish presenting their case, the defendant will present theirs. 2. The defendant may present defenses to the plaintiff's claims. Their job is to show the plaintiff hasn't met their burden of proof. 3. Witnesses testify about the disputed facts or issues in the case. They sit on the witness stand, facing the courtroom. The judge swears in witnesses before they testify. The witness must take an oath to tell the truth before they testify. Any party to the litigation may call witnesses to testify about the case. They generally provide more information about the facts at issue in the case. There are several different types of witnesses. 1. Character witnesses testify as to a person's character or reputation. For example, a party calling a character witness to testify about the person who allegedly committed fraud would testify as to whether they believe the person is honest or truthful. 2. Fact witnesses offer testimony regarding facts at issue in the case. For example, in an elder abuse case, a party may call a caretaker to testify about the alleged abuser's acts toward the elder. 3. Expert witnesses are witnesses who possess specialized knowledge about a topic at issue in the case. For example, in a medical malpractice case, a party may hire an expert witness to testify whether a doctor's actions met specific standard of care requirements. Because parties call witnesses to testify, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses. In a criminal case, the government's lawyer is called the prosecutor. The prosecutor is usually an assistant district attorney in state court cases or assistant U.S. attorney in federal court cases. A public defender or private attorney may represent a criminal defendant. A criminal defendant who cannot afford an attorney, called an indigent defendant, may ask the court to appoint an attorney for them. Whether your case is in state court or federal court, and whether it's a civil or criminal case, a judge will preside over your courtroom appearance. The judge ensures that all parties get a fair trial. This includes ensuring that the parties: • follow proper procedures; • observe courtroom decorum; • espect the judiciary and legal process. Once the parties complete the jury selection process, the trial begins. Jurors listen to the parties' arguments and defenses. Once the trial concludes, the judge gives the jury instructions. Then, the jury deliberates the case and reaches a verdict. The jury foreperson will announce the verdict in the case. The court reporter sits near the witness stand and records everything said during the trial. This becomes the official record of the trial. Most court reporters use a stenotype, a machine that translates keystrokes into symbols corresponding to the spoken word. Court reporters don't work only in the courtroom. They also record depositions in attorneys' offices and some conferences in judges' chambers. A court interpreter presents a verbatim rendition of a party or witness's testimony. The court reporter records the interpreter's translation, which becomes part of the court's record of the proceeding. The court interpreter's job is to interpret exactly what the witness or defendant says. If a witness needs help understanding a question, the interpreter may not use their own words to explain. The court clerk, sometimes called the courtroom deputy, usually sits in the courtroom near the judge. The clerk does the following: • takes care of records and exhibits; • prepares judgment and verdict forms; • generally helps the judge keep the trial running smoothly. Outside the courtroom, the clerk of court can provide procedural and general information about the legal process and court rules to litigants. However, they cannot provide legal advice. A claim form is the document that a claimant uses to start legal action against the defendant. The claimant has to pay a sum of money, called a court fee, for the court to issue proceedings. In the claim form, the claimant must state the amount of his or her claim and request the defendant to pay all of the legal costs of the case. In civil cases, the court can award damages to the person who has suffered as the result of wrongdoing. In certain circumstances, the court will issue an injunction to prevent the wrong doing from occurring again. A civil action in the county court or the High Court begins when the plaintiff serves documents containing details of a claim on the defendant. If the defendant defends the action, the court is informed; documents are prepared and circulated to all parties; and the case proceeds to trial and judgment. A decision in civil cases is reached on the balance of probabilities. The court also decides the expenses of the action, which may be considerable, and the loser usually pays both his own and his opponent’s costs. Civil litigation can be relatively cheap, quick and efficient in the county court, but it can be complicated, expensive and subject to delay in the High Court. It is often advisable that disputes be settled by negotiation out of court to avoid high costs and any uncertainty about a trial result. Attempts are being made to reorganize civil law procedures because of concern about the lack of efficiency of the system, with its delays and expense. Much of the High Court’s work has been transferred to the county court, and cheaper, quicker alternative forms of settlement have been implemented, particularly those dealing with smaller matters. Starting a criminal action in England and Wales Crimes are offences against the laws of the state, and the state usually brings a person to trial. Prior to 1985, the police in England and Wales were responsible for prosecuting criminal cases, but a Crown Prosecution Service now does this job. It is independent of the police, financed by the state and staffed by state lawyers. There is criticism of the performance of the CPS, which suffers from understaffing and underfunding. The CPS and its head, the Director of Public Prosecutions — DPP, have the final word in deciding whether to proceed with difficult cases. Although there are many different kinds of crimes, criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes. Crimes against a person are those that result in physical or mental harm to another person. They can be divided into two main categories: 1. Forms of homicide where the physical harm to another individual is so severe that it causes death, e.g. first-degree murder, voluntary manslaughter, or vehicular homicide. 2. Other violent crimes include assault and battery, arson, child abuse, domestic abuse, kidnapping, rape and statutory rape. Crime against property, in most cases, is the interference with another person’s property. They generally result in the suspension of the use or pleasure of property, however, they may involve harm to an individual physically or mentally as well. Crimes against property have penalties based on: • the type of offense; • the value of the property; • if any, the criminal history of the person who committed the crime. Charges and punishment may also be determined by the kind of property. Crimes against property include theft, auto theft, destruction of property, shoplifting, grand theft, and arson. Inchoate crimes are those crimes that were initiated but not completed, and acts that assist in the commission of another crime. Inchoate crimes require more than a person simply intending or hoping to commit a crime. Rather, the individual must take a "substantial step" towards the completion of the crime in order to be found guilty. Inchoate crimes include: • aiding and abetting; • attempt; • conspiracy. In some cases, inchoate crimes can be punished to the same degree that the underlying crime would be punished, while in other cases, the punishment might be less severe. All criminal offenses are technically considered statutory crimes since they are all prohibited by statute. The acts forbidden for societal improvement and safety are referred to as statutory crimes in this sense. Statutory crimes can also be defined as offenses against morals. For example, manufacturing or trafficking in significant quantities of drugs, such as one kilogram of cocaine, is illegal in Florida, US, and involves a minimum sentence of 15 years in prison as well as a penalty of $250,000. The offense itself, as well as any aggravating or mitigating factors, will determine the specific penalties. Statutory crimes include: • public intoxication; • traffic offenses; • reckless driving; • selling alcohol to minors; • drug cultivation; • hit-and-run. Financial crimes often involve deception or fraud for financial gain. Although white-collar crimes derive their name from the corporate officers who historically perpetrated them, anyone in any industry can commit a white-collar crime. These crimes include many types of fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime. The illegal operations of people who belong to criminal organizations that provide illicit goods and services are referred to as "organized crime". Distributing and selling illicit products and services are common activities carried out by organized crime groups. When most people think of organized crime, they immediately think of the Mafia, although the phrase can also apply to any group that controls significant illicit businesses. The idea that such businesses are structured likely to be lawful firms and adopt a corporate structure is a fundamental sociological idea in the study of organized crime. Senior partners generally oversee profits, employees oversee and run the company, and customers purchase the products and services that are provided by the enterprise. Organized crimes include: • money laundering; • drug trade; • illegal gambling; • cannabis cultivation; • arms smuggling. Crimes against morals, frequently referred to as victimless crimes, are transgressions that do not include harm to a person or piece of property. Since they violate the law, they may be subject to a monetary penalty, prison time, or other penalties as specified by statute. Depending on the nature of the act, punishments for moral violations can vary from fines to years behind bars. For example, in Florida, a first-time prostitution offense warrants a maximum $500 fine and a further 60 days in prison. Repeat breaches carry a $5,000 fine and an authorized sentence of five years in jail. Crimes against morality include: • illegal gambling; • bigamy; • indecent exposure; • prostitution; • illegal drug use. There are also environmental crimes based on many federal environmental statutes. These include: • the Resource Conservation and Recovery Act, Fungicide; • the Federal Insecticide, and Rodenticide Act; • the Rivers and Harbors Act of 1899, also known as the Refuse Act; • the Federal Water Pollution Control Act, also known as the Clean Water Act; • the Toxic Substances Control Act; • The Clean Air Act. For example, discharging pollutants into waterways for navigation without a permit is penalized by the Clean Water Act, which imposes fines of up to $25,000 per day and imprisonment of up to a year. In criminal proceedings, the statute expressly names "responsible corporate officers" as prospective defendants. Street crimes are crimes against people or property that occur in public areas. These crimes can hurt or distress people or companies in public places, and they frequently have an immediate effect on the community. To protect the public, law enforcement organizations usually focus on investigating and preventing these offenses. The proportion of arrests for street crimes that involve members of racial minorities is disproportionately significant. Street crimes include: • auto theft; • stealing; • assault; • robbery; • rape; • graffiti; • vandalism. Fraud is the word used to signify the deliberate use of deceit to get value, most commonly money. False statements, misrepresentations, or dishonest behavior meant to mislead or deceive are typically used in fraud cases. Money laundering from illegal operations, benefit fraud, and tax fraud are all examples of fraud. All societies have crime at some point in time. However, some patterns and trends appear to show up consistently at various times and locations. 1. Traditional societies that is, rural and agricultural communities lacking substantial economic development generally have lower rates of property crime and higher rates of violent crime as compared to economically advanced societies. 2. In communities with a long history, violent crimes like assault, rape, and murder are not uncommon and are frequently seen as inevitable facets of daily existence. 3. Violence becomes more and more abhorrent as these nations modernize and prosper economically. Modern crime has changed in step with technology, creating a challenging environment for both society and law enforcement. While traditional criminal acts continue, the digital age has led to an increase in computer crimes such as identity theft, internet fraud, and hacking. The basic goals are still to maintain the rule of law, safeguard public safety, and protect people and their neighborhoods despite these changes. Managing crime in its modern manifestations requires vigilance, innovative thinking, and a complete strategy. Criminal actions are started by the state. Having arrested the suspect, the police must decide of they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him in condition that he appears on a certain day at a certain magistrates court. This is known as unconditional bail. However, the police may instead take a suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail — that is, release the suspect provided that he puts some money as security. If the defendant is found guilty, the court can order punishment. This can either be a custodial sentence, which means going to prison, or a non-custodial sentence such as a fine, probation or a community service order. Arrests for most criminal offences are made by the police, although any citizen can make a "citizen's arrest". Arrests of suspects and searches of property can now be made by the police for certain arrestable offences without applying to the magistrates' court for arrest and search warrants, although in some cases they must still follow this procedure. The police operate under codes of practice that lay down strict procedures for the protection of suspects: • the police have no authority to question people or to detain them at a police station if they have not been arrested or charged; • once a person has been arrested and charged with an offence, he or she must be brought before a magistrates court, normally within 24 hours; this period can be extended to up to 96 hours without charge in serious cases; • after 96 hours, the police must release the suspect if no charges are brought. The police have been heavily criticized in recent years for their arrest, questioning and charging practices. When a person appears before a magistrates court prior to a trial, the magistrates can grant or refuse bail. If bail is refused, a person will be kept in custody in a remand centre or in prison. If bail is granted, the individual is set free until his or her later court appearance. The court may require certain assurances from the accused about conduct while on bail, such as residence in a specific area and reporting to a police station. Application for bail is a legal right, since the accused has not yet been found guilty of a crime, and there should be strong reasons for refusing it. There is concern that people who are refused bail are, at their later trial, either found not guilty or are punished only by a fine. The system thus holds alleged criminals, amounting to one-fifth of prison inmates, in custody to await trial and increases overcrowding in prisons. But there is also public concern about accused persons who commit further serious offences while free on bail. Many people charged with minor offences, such as road traffic violations, are not arrested. They are summoned to appear in court to hear the charges against them. It is often suggested that the summons procedure could be used more widely in order to avoid bail problems and prison overcrowding. Criminal trials in the magistrates and crown courts are, with a few exceptions, open to the public. But the media can report only the court proceedings and must not comment upon them while the trial is in progress. Глоссарий Иностранный язык в сфере юриспруденции What is law Анархия — состояние общества без установленного порядка или законов, характеризующееся хаосом и отсутствием контроля. Англосаксонское право — правовая система, существовавшая в Англии до нормандского завоевания и основанная на местных обычаях и правилах. Великая хартия вольностей — документ, подписанный в 1215 году, который ограничил власть короля и установил права граждан, став первым шагом на пути к конституционному правлению в Англии. Верховенство права — система норм и принципов, регулирующих поведение отдельных лиц и организаций в обществе и обеспечивающих справедливость и порядок. Гражданские права — права, которые обеспечивают свободу и защищают людей от произвольных действий государства и других лиц. Закон — система правил, установленных государством, которая определяет допустимое поведение и защищает права граждан. Законодатель — это лицо или орган, который разрабатывает, принимает и утверждает законы. Кодекс — систематизированный свод законов или правил, действующих в рамках определенной правовой системы. Конституция — свод основополагающих принципов и норм, определяющих структуру и функции правительства; она может быть, как писаной, так и неписаной. Общее право — правовая система, основанная на судебных прецедентах и обычаях, сложившаяся в Англии после нормандского завоевания. Обычай — устоявшаяся практика или привычка, признаваемая в определенных обстоятельствах нормальной и приемлемой формой поведения. Применение правосудия — процесс применения законов с использованием судебной системы. Римское право — правовая система, возникшая в Древнем Риме и повлиявшая на развитие правовых систем во многих странах, в том числе на кодификацию законов. Социальные нормы — неписаные правила поведения, регулирующие взаимодействие между членами общества и отражающие его культурные ценности. Судебная система — система судов, отвечающих за применение и толкование законов. Anarchy — a state of society without an established order or laws, characterized by chaos and lack of control. Anglo–Saxon law — the legal system that existed in England before the Norman Conquest, based on local customs and rules. Magna Carta — a document signed in 1215 that limited the power of the king and established the rights of citizens, marking a first step toward constitutional governance in England. Rule of law — a system of norms and principles that regulate the behaviour of individuals and organizations in society, ensuring justice and order. Civil rights — rights that ensure freedom and protect individuals from arbitrary actions by the state and others. Law — a system of rules established by the state that defines permissible behaviour and protects the rights of citizens. Legislator — a member of a group of people who together have the power to make laws. Code — a systematic collection of laws or rules that apply within a specific legal system. Constitution — a set of fundamental principles and norms that define the structure and functions of government; it can be either written or unwritten. Common law — a legal system based on judicial precedents and customs, developed in England after the Norman Conquest. Custom — an established practice or habit recognized in certain circumstances as a normal and acceptable form of behaviour. Administration of justice — the process of applying laws and administering justice through the judicial system. Roman law — a legal system that originated in Ancient Rome, influencing the development of legal systems in many countries, including the codification of laws. Social norms — unwritten rules of behaviour that regulate interactions among members of society and reflect its cultural values. Judiciary — the system of courts responsible for applying and interpreting laws. Глоссарий Иностранный язык в сфере юриспруденции Heads of Tort Вид деликта — категория гражданского правонарушения, определяющая характер и особенности ответственности за причинение вреда. Дееспособность — способность физического лица иметь права и обязанности по закону. Единообразие — последовательность в применении законов и правил на всей территории страны или в рамках определенной системы. Клевета — нанесение ущерба чьей-либо репутации путем распространения ложной информации о ком-либо. Небрежность — форма гражданской ответственности, при которой одна сторона несет ответственность перед другой за вред, причиненный небрежным поведением. Незаконное проникновение — проникновение на территорию другого лица или пребывание на ней без разрешения. Ответственность за качество продукции — ответственность производителей или продавцов за качество и безопасность продаваемых ими товаров. Причинение неудобств — вмешательство в пользование имуществом другого лица, как правило, посредством шума, запаха или других помех. Статутный деликт — правонарушение, которое регулируется законом и предусматривает конкретные виды ответственности. Субсидиарная ответственность — юридическая ответственность, возлагаемая на одно лицо за действия другого лица, например, на работодателя за действия работника или на владельца транспортного средства за действия водителя. Head of tort — a category of civil wrong that defines the nature and features of liability for causing harm. Legal capacity — the ability of an individual to have rights and obligations under the law. Uniformity — consistency in the application of laws and rules throughout a country or within a particular system. Defamation — the act of damaging someone's reputation by spreading false information about them. Negligence — a form of civil liability in which one party is responsible to another for harm caused by negligent conduct. Trespass — entering or remaining on another person's land without permission. Product liability — the responsibility of manufacturers or sellers for the quality and safety of products they sell. Nuisance — interference with another person's enjoyment or use of their property, typically through noise, smell, or other disturbances. Statutory tort — a tort that is regulated by statute and provides for specific types of liability. Vicarious liability — legal responsibility imposed on one person for the actions of another, such as an employer for an employee or a vehicle owner for a driver. Иностранный язык в сфере юриспруденции Legal systems Legal systems in the world There are as many legal systems in the world as there are countries. They all differ from each other and have unique features suitable for that particular country. Historically, each country operates based on their own legal customs, traditions, and peculiarities of the mentality. The legal identity of countries allows us to speak about their identity. Each country has its own legal system, the set of all legal phenomena — norms, institutions, relationships, sense of justice — that exist within it. The legal system is a product of history resulting from long struggles in society. In this regard, the legal system is strongly influenced by the type of society. This happens because it is the society that finds law in practice, and the practice of law itself is a reflection of how society forms its social identity. J. H. Merryman states that the legal system is an operational instrument that includes institutions, procedures, and legal rules. It should be noted that there are a number of reasons that affect the legal system, including: • historical background and development of the system; • its characteristics or typical mode of thought; • its distinctive institutions; • the types of legal sources it acknowledges and its treatment of these; • its ideology. There are several criteria for classification of legal systems of different countries: 1. The generality of the genesis, meaning the origin and the subsequent development of the system. 2. The common principles for regulation of social relations: in some countries, it is the idea of freedom of the subjects, their formal equality, fairness and justice, in others — theological and religious principles, or socialist and national-socialist ideas. 3. The unity of terminology, legal categories and concepts, and techniques of exposition and systematization of the law. Legally-related countries generally use identical or similar in meaning terms, because of the unity of their origin. With that in mind the legal science distinguishes the following jurisdictions: 1. Anglo-Saxon: England, United States, Canada, Australia, New Zealand. 2. Roman-Germanic: continental Europe, Latin America, some countries in Africa, and Turkey. 3. Religious-legal: countries with the state religion, e.g. Islam, Hinduism, Judaism. 4. Socialist: China, Vietnam, North Korea, Cuba. 5. Customary law: Equatorial Africa and Madagascar. There are generally considered to be five legal systems in the world today. You can see them on Figure 1. Figure 1. Legal systems Legal systems Civil law Common law Customary law Religious law Religious law Civil law systems have their origin in the Roman legal tradition. Civil systems vary widely, both in procedure and substantive law, so conducting research on a particular nation's civil law system should include looking at that nation's specific system of law. Nations with civil law systems have comprehensive, frequently updated legal codes. Case law is a secondary source in these jurisdictions. France and Germany are two examples of countries with a civil law system. Common law systems rely more on precedent — judicial decisions that have already been made. Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties. The legal system in the United States is a common law system, with the exception of Louisiana, which has a mix of civil and common law. Customary law systems are based on patterns of behavior that have come to be accepted as legal requirements or rules of conduct within a particular country. The laws of customary legal systems are usually unwritten and are often dispensed by elders, passed down through generations. As such, customary law research depends greatly on the use of secondary sources. Oftentimes, customary law practices can be found in mixed legal system jurisdictions, where they are combined with civil or common law. Religious legal systems are systems where the law emanates from texts or traditions within a given religious tradition. Many Islamic nations have legal systems based in whole or in part on the Quran. A hybrid or mixed legal system combines parts of more than one approach to create a system unique to the country. Many countries have mixed legal systems incorporating common, civil, religious, and customary law systems: • the US state of Louisiana uses common law, but it also utilizes a civil law system for much of its state law and procedures because of its origins as a French territory; • on recognized tribal lands in the US, customary laws of the tribe may be used instead of state or federal laws; • the Philippine system includes French civil law, US-style common law, sharia law, and Indigenous customary law because of its history; • many African countries include a parallel tribal or ethnic legal system to adjudicate family law matters. Two main traditions of law in the world When talking about law in a transnational, global or comparative perspective, legal scholars often use expressions like "legal cultures", "legal families" and "legal traditions". We employ these macro-level concepts to categorise and analyse legal systems and to build methodological frameworks for comparison. Each of these terms has been subject to much discussion, especially in comparative law, where there is a lively debate on methodology. "Legal tradition" is used widely and variously, especially in the Englishlanguage publications. Many, if not most, scholars invoke John Henry Merryman’s "The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America", which was first published in 1969. Legal tradition there is defined as a set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in the society and the polity, about the proper organization and operation of the legal system, and about the way law is or should be made, applied, studied, perfected, and taught. In other words: legal traditions are understood as the historical underpinnings of modern law. It is important to know them because "the legal tradition relates the legal system to the culture of which it is a partial expression. It puts the legal system into cultural perspective". Legal systems vary from country to country, and sometimes within a single country. Although they develop in different ways, legal systems also have some similarities based on historically accepted justice ideals. Legal systems do fall into groups or patterns with some similar features within each group. There are two main traditions of law in the world: 1. One is based on English Common law and has been adopted by many Commonwealth countries and most of the United States. 2. The other tradition, sometimes known as Continental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe. Continental law has also influenced Japan and several socialist countries. Common law Common law is a body of rulings made by judges on the basis of community customs, beliefs, usages and principles that are observed as rules of conduct. It is also based on previous court decisions. It covers matters such as contracts, ownership of property and the payment of claims for personal injury. Common law originated in England and spread to various countries that were once part of the British Empire. It is primarily found in English-speaking countries such as the United States, Canada, Australia, and the United Kingdom. Common law relies heavily on the doctrine of precedent, also known as 'stare decisis'. Courts are bound by previous decisions, and these judicial precedents form the basis for future rulings. Judges interpret statutes and apply legal principles based on prior court decisions. Common law is known for its flexibility and adaptability. Judges have the authority to interpret and apply the law in a manner that suits the specific circumstances of each case. This allows the law to evolve gradually through judicial decisions. Judges play a crucial role in the development of common law. They interpret statutes, fill in gaps in the law, and create legal principles through their judgments. Precedents set by higher courts serve as binding authority on lower courts. Continental law Continental law is a system in which legal decisions are usually made by applying detailed written laws to the case in question. Various forms of continental law are found in continental Europe and in parts of Asia, Africa and Latin America. Continental law, also known as civil law, has its roots in Roman law and the legal systems of continental Europe. It is prevalent in many countries, including France, Germany, Spain, Italy, and most of Latin America. Continental law emphasises the importance of written legal codes. Legal principles and rules are codified in comprehensive statutes or codes, providing a systematic and organised framework for legal proceedings. These codes serve as the primary source of law. Continental law typically classifies legal matters into distinct categories, such as contract law, property law, and tort law. This classification allows for a structured approach to legal analysis and provides a comprehensive legal framework. In continental law systems, judges have a more limited role compared to common law. Their primary responsibility is to apply the law as provided by statutes and codes. They focus on interpreting and enforcing existing legal provisions, rather than creating new legal principles through their judgments Continental law places a significant emphasis on legal doctrine and scholarly commentary. Legal scholars and jurists play a crucial role in interpreting and developing the law, and their writings often influence judicial decision-making. While common law relies on precedent and judicial interpretation, continental law emphasises comprehensive legal codes and statutory provisions. Common law allows for flexibility and evolution through judicial decisions, while continental law provides a structured framework with a greater reliance on legislation. These two legal systems have influenced legal traditions worldwide, and many countries have adopted a hybrid approach that incorporates elements of both systems. Иностранный язык в профессиональной деятельности Areas of Law National law The term "area of law" is used to refer to the specific legal field or category within which legal issues and disputes are addressed. Law is a vast and complex system that encompasses various specialized areas, each dealing with distinct aspects of human activity and societal interactions. Some common areas of law include criminal law, civil law, family law, contract law, property law, administrative law, constitutional law, environmental law, intellectual property law, and many others. National law, also known as domestic law, refers to the legal system established by a sovereign state to govern the conduct of its citizens, residents, and entities within its territorial boundaries. National law encompasses statutes, regulations, judicial decisions, and constitutional provisions that define rights, duties, and procedures within a specific jurisdiction. National laws are laws that exist within a particular country. Domestic laws can be Federal, affecting the whole nation, or State, affecting a specific State. Federal law refers to the body of laws created by the national government of a country. In the United States, federal law is established by the Constitution, statutes are enacted by Congress, and regulations are created by federal agencies. Federal law applies uniformly across all states and territories, and it takes precedence over state laws in cases of conflict due to the Supremacy Clause of the U.S. Constitution. An example of federal law is Affordable Care Act, which aims to increase health insurance coverage and reduce healthcare costs in the United States. Municipal law refers specifically to the body of laws and regulations enacted by municipal governments, which are local governing bodies such as cities, towns, or villages. Municipal law includes ordinances, codes, and resolutions that govern local matters, such as land use, public safety, health regulations, and local business operations. Examples of municipal laws include: • zoning ordinances; • building codes; • land use regulations; • taxation laws; • licensing and permit requirements; • local election laws; • public health and safety regulations; • local administrative procedures. Local law refers to ordinances and regulations enacted by local government entities, such as cities, towns, or counties. Local laws address specific issues within the local jurisdiction, including zoning, public safety, and local business regulations. Local laws must comply with both state and federal laws but can provide more detailed rules that cater to the particular needs of the community. An example of local law is the requirement for businesses to obtain a permit before operating in a certain location. This helps ensure compliance with local regulations and standards. The sources of national law vary from one country to another, but common sources include: • constitutions; • statutes enacted by legislative bodies; • administrative regulations; • judicial precedent. Constitutional provisions often serve as the supreme law of the land, providing a framework for the distribution of powers and the protection of individual rights. National law addresses a wide array of matters, including criminal law, civil law, administrative law, family law, property law, and more. It reflects the unique history, culture, values, and political institutions of each sovereign state, giving rise to diverse legal systems around the world. National law relies on a hierarchical system of courts and law enforcement agencies to interpret and enforce legal norms within a given jurisdiction. Violations of national law may result in various sanctions, including fines, imprisonment, injunctions, and other penalties imposed by competent authorities. International law The essential structure of international law was mapped out during the European Renaissance, though its origins lay deep in history and can be traced to cooperative agreements between peoples in the ancient Middle East. Among the earliest of cooperative agreements were: • a treaty between the rulers of Lagash and Umma in the area of Mesopotamia in approximately 2100 BCE; • an agreement between the Egyptian pharaoh Ramses II and Hattusilis III, the king of the Hittites, concluded in 1258 BCE. Early writers who dealt with questions of governance and relations between nations included: • Bartolo da Sassoferrato, 1313/14–1357, the founder of the modern study of private international law; • Baldo degli Ubaldi, 1327–1400, a famed teacher, papal adviser, and authority on Roman and feudal law. The development of international law — both its rules and its institutions — is inevitably shaped by international political events. From the end of World War II until the 1990s, most events that threatened international peace and security were connected to the Cold War between the Soviet Union and its allies and the U.S.-led Western alliance. The UN Security Council was unable to function as intended, because resolutions proposed by one side were likely to be vetoed by the other. The bipolar system of alliances prompted the development of regional organizations: the Warsaw Pact organized by the Soviet Union and the North Atlantic Treaty Organization, NATO, established by the United States. This system encouraged the proliferation of conflicts on the peripheries of the two blocs, including in Korea, Vietnam, and Berlin. Furthermore, the development of norms for protecting human rights proceeded unevenly, slowed by sharp ideological divisions. International law refers to a body of rules and principles that govern the relations between states and other international actors. It is primarily concerned with regulating interactions among sovereign states and addressing global issues that transcend national borders. In contrast to international law, domestic law regulates the relations of individuals and legal persons within the borders of each individual state. The main acts constituting domestic law are Civil Codes and Criminal Codes. International law derives its authority from various sources, including: • treaties; • customary practices; • judicial decisions; • the general principles of law recognized by civilized nations. Treaties, also known as conventions or agreements, play a central role in codifying norms and rules that bind states to specific obligations. International law encompasses a wide range of subjects, including diplomacy, human rights, trade, armed conflict, environmental protection, and more. Its scope is broad and evolving, reflecting the changing dynamics of global politics and societal needs. Unlike national law, international law lacks a centralized enforcement mechanism. Compliance with international norms relies heavily on state consent, diplomatic pressure, and mechanisms such as international tribunals and arbitration. Enforcement mechanisms vary depending on the nature of the violation and the willingness of states to uphold their obligations. Civil law The term "civil law" derives from the Latin "iuscivile", the law applicable to all Roman citizens. Its origins and model are to be found in the monumental compilation of Roman law commissioned by the Emperor Justinian in the 6th century CE. While this compilation was lost to the West within decades of its creation, it was rediscovered and made the basis for legal instruction known as Corpus iuriscivilis. Succeeding generations of legal scholars throughout Europe adapted the principles of ancient Roman law in the Corpus iuriscivilis to contemporary needs. Medieval scholars of Catholic church law, or canon law, were also influenced by Roman law scholarship as they compiled existing religious legal sources into their own comprehensive system of law and governance for the Church, an institution central to medieval culture, politics, and higher learning. By the late Middle Ages, these two laws, civil and canon, were taught at most universities and formed the basis of a shared body of legal thought common to most of Europe. The birth and evolution of the medieval civil law tradition based on Roman law was thus integral to European legal development. It offered a store of legal principles and rules invested with the authority of ancient Rome. As civil law came into practice throughout Europe, the role of local custom as a source of law became increasingly important — particularly as growing European states sought to unify and organize their individual legal systems. Throughout the early modern period, this desire generated scholarly attempts to systematize scattered, disparate legal provisions and local customary laws and bring them into harmony with rational principles of civil law and natural law. In the 18th century, the reforming aspirations of Enlightenment rulers aligned with jurists desire to rationalize the law to produce comprehensive, systematic legal codes. Such codes, shaped by the Roman law tradition, are the models of today’s civil law systems. See Figure 1 for the timeline of civil law development. Figure 1. Civil law development In the latter part of the 20th century and continuing into the 21st century, civillaw systems underwent substantial modification as a result of the changing sources of law in modern, bureaucratic, regulatory states. Virtually all modern civil-law systems have increasingly made use of uncodified statutory law in order to regulate broad areas of social and economic life. Such legislation typically falls outside the scope of the traditional civil codes, even when it touches on questions concerning contract or delict — areas of law that were traditionally governed by the codes. Furthermore, because much of the modern statutory law is administered by regulatory agencies, it lacks the systematically integrated conceptual framework characteristic of the civil-law codes, which were shaped by legal and cultural traditions. Contemporary statutory law tends to reflect the much-broader role of the state in modern society, even in the areas traditionally considered to be part of "private" law. In addition, both constitutional law and international law have reflected a broadened concern for fundamental rights in ways that also make civil law more public in orientation. Such developments in modern law have had important implications for the traditional content and scope of civil law: • the influence and salience of classical codes have receded, as many codebased legal systems now rely on extensive areas of non-codified "special legislation" as well as the case law of national and supranational courts; • traditional divisions of areas of law within civil codes have become increasingly uncertain as the law addresses new problems, such as consumer protection and sports law, that were not contemplated by the prior legal categories; • public-law concerns have pervaded almost every area of the civil law: equal treatment principles, for example, have completely transformed the previously patriarchal family-law provisions of civil codes everywhere. These developments have been especially pronounced in countries that are members of the European Union, largely owing to supranational efforts to integrate European markets and to harmonize national laws. European law often affects and even replaces the substantive rules of the civil law, although it does not necessarily use traditional civil-law juridical constructs or respect traditional dogmatic civil-law categories. It therefore contributes to the further breakdown of the civil codes. Public law Public bodies, such as central and local government, have to obey the law. The type of law governing the conduct of public bodies is known as "public law". Public law is the branch of law whose main purpose is to regulate and supervise the different links established between individuals and private institutions that are related to public power, as long as these sectors are protected by public powers of a legitimate nature and following the statutes of the law. The field of public law encompasses various branches, including in particular : • administrative law; • constitutional law; • criminal law; • public finance law; • public international law. Public law originated in Rome and its development has been classified into different periods ranging from the founding of Roman Empire to the establishment of Justinian Empire. In each of these periods, we can find particular characteristics that distinguish them. Public law should ensure that public bodies act lawfully, rationally, fairly, and compatibly with the human rights of those affected by their actions. Public law consists of drawing up a set of general conditions based on freedom and security, which allows the inhabitants or groups of a society to acquire a particular set of interests through the State. It regulates the correct exercise of the powers that make up the State, always seeking different collective or common interests. Below you can review the key characteristics of public law. 1. It is one of the most specific branches of law because it focuses on relationships between specific groups and individuals within a society. 2. It deals with issues that may affect a person within the public sphere. 3. It involves links between a person and a state entity. 4. It deals with heteronomy and obligatory norms. 5. It is in opposition to private law. Public law and its legal nature can be defined as a set of rules that regulate legally the organization and proper functioning of the state, as well as the relations between citizens and the state. Where a public body acts unlawfully, there are a number of ways that those affected can challenge that behaviour or decision. These include: • complaining using public bodies complaints procedures or Ombudsmen; • exercising rights of appeal to a tribunal — if such rights exist in relation to the particular decision to be challenged, such as in welfare benefits cases; • asking a public body to review its decision; • a process called judicial review. Judicial review is a particularly important aspect of the constitutional settlement in the UK. It performs an essential task in that it allows the courts and judiciary oversight of the government. Judicial review is a process, a court case, where a judge or judges decide whether a public body has behaved lawfully. Public law is important because of the unequal relationship between the government and people. The government is the only body that can make decisions about people's rights and people must act within the law. Thanks to public law, a person can apply for judicial review if he or she is not satisfied with the decision of an authorized body. It is important because it defends people when there are unbalanced relationships between the individual and the state, or the bodies that represent it. Criminal and civil procedures Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. These rules govern: • how a lawsuit or case may be commenced; • what kind of service of process is required; • the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; • the timing and manner of depositions and discovery or disclosure; • the conduct of trials; • the process for judgment; • various available remedies; and how the courts and clerks must function. A civil action may be commenced in the High Court through any of the following processes, depending on the nature of the action: • originating summons; • applications / originating motions; • petitions; • writ of summons. Some systems, including the English and French, allow governmental persons to bring a criminal prosecution against another person. Prosecutions are nearly always started by the state in order to punish the accused. Civil actions, on the other hand, are started by private individuals, companies or organizations, for their own benefit. In addition, governments may also be parties to civil actions. These cases are usually in different courts. However this is distinguished from civil penal actions. In jurisdictions based on English common-law systems, the party bringing a criminal charge is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as the "defendant". Any police officer may, with or without a warrant, arrest any person who commits an offence in his presence or whom he reasonably suspects of having committed an offence. In certain circumstances, a private person may also arrest another without warrant and as soon as practicable, hand him or her over to the police. Similarly, a judge or magistrate may arrest or order the arrest of any person who commits an offence in his presence or within his or her jurisdiction. A person may also go to the police and lodge a complaint at a charge room that a crime has been committed, whether the person is known or unknown. The fundamental difference between a civil case and a criminal one is that a criminal case involves a crime against the state, while a civil case is essentially a dispute between private parties. Below you can see some of the important differences between a civil and a criminal case. 1. Burden of proof. The burden of proof the prosecution must meet in a criminal case is much higher than the one the plaintiff must meet in a civil case. In a criminal case, the state must prove beyond a reasonable doubt that the defendant committed the crime of which he's been accused. By contrast, a civil plaintiff must merely show that it is more likely than not that the accusations behind the claim are true. This is called the "preponderance of evidence" standard. 2. Stakes. In the vast majority of civil cases, money is what's at stake, though there might be some effects on a defendant's procedures or methods should they lose. By contrast, the stakes in a criminal trial often involve a defendant's freedom. The state is often attempting to remove an individual from society and strip him or her of many freedoms, which requires clearing a significant burden of proof. 3. Procedural differences. The vast majority of criminal trials are jury trials. In fact, that is one of your foundational Constitutional rights. By contrast, while many civil trials include a jury, quite a few of them are heard and decided solely by a judge. Furthermore, while every criminal defendant is entitled to a criminal defense attorney, regardless of the defendant's ability to pay, that same right does not exist in a civil trial. Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The standards of proof are higher in a criminal case, since the state does not wish to risk punishing an innocent person. 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 for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable. Иностранный язык в сфере юриспруденции English court Civil and criminal courts A court is an institution that the government sets up to settle disputes through legal action. Courts decide what happened and what to do about it. They decide whether a person committed a crime and the corresponding punishment. They also provide a peaceful way to decide private disputes that people cannot resolve among themselves. Courts use the adversary process to help them decide cases. Through this process, each side presents its most persuasive arguments to the "fact finder," either a judge or a jury, emphasizing the facts that support its case. Each side also draws attention to any flaws in its opponent's arguments. This may include: • questioning witnesses; • presenting evidence; • making legal arguments to support their party's position. The fact finder decides the case based on the arguments and evidence presented. The primary function of any court system — to help keep domestic peace — is so obvious that it is rarely considered or mentioned. If there were no institution that was accepted by the citizens of a society as an impartial and authoritative judge of whether a person had committed a crime and, if so, what type of punishment should be meted out, vigilantes offended by the person’s conduct might well take the law into their own hands and proceed to punish the alleged miscreant according to their uncontrolled discretion. If no agency were empowered to decide private disputes impartially and authoritatively, people would have to settle their disputes by themselves, with power rather than legitimate authority likely being the basis of such decisions. Such a system might easily degenerate into anarchy. Not even a primitive society could survive under such conditions. Thus, in this most basic sense, courts constitute an essential element of society’s machinery for keeping peace. The court system can generally be divided into two main categories: trial courts and appellate courts. Each type has a distinct role in the judicial process. Trial Courts are the first level of courts where cases are heard. They are responsible for determining the facts of a case and applying the law to those facts. Trial courts can be further categorized based on their jurisdiction. 1. Civil courts handle disputes between individuals or organizations, such as contract disputes, property issues, and family law cases, e.g. divorce, custody. 2. Criminal courts deal with cases involving violations of criminal law. Here, the state prosecutes individuals accused of crimes ranging from misdemeanors to felonies. 3. Family courts are a specialized type of civil court that focuses on family-related issues, such as divorce, child custody, and adoption. 4. Small Claims Courts are designed to resolve minor disputes involving limited amounts of money, usually under a specific threshold. They have simplified procedures to make it easier for individuals to represent themselves. 5. Traffic Courts handle violations of traffic laws, such as speeding tickets and driving under the influence offenses. Appellate Courts, on the other hand, review decisions made by trial courts. They do not conduct new trials but rather assess whether the law was applied correctly. Appellate courts also have specific functions: • Intermediate Appellate Courts review decisions from trial courts. They typically handle appeals from civil and criminal cases and are often the first level of appeal. • Supreme Courts are the highest courts in a jurisdiction. Supreme Courts review significant legal issues and ensure uniformity in the interpretation of law across lower courts. Their decisions are usually final. See Figure 1 for all types and subtypes of courts. Figure 1. Types and subtypes of courts Types of courts Trial courts Civil courts Criminal courts Small claims courts Appellate courts Traffic courts Family courts Intermediate appellate courts Supreme courts In addition to general trial and appellate courts, there are specialized courts designed to address specific issues: • bankruptcy courts handle cases related to bankruptcy filings and debt relief; • probate courts deal with matters concerning wills, estates, and guardianships; • juvenile courts focus on cases involving minors, including delinquency and dependency cases; • drug courts aim to rehabilitate drug offenders through treatment programs instead of incarceration. Where people disagree about any matter of fact or point of law which affects their legal rights, that problem can be resolved in what is called a civil action. Civil actions are taken by individuals against other individuals or organisations. The State generally has no part to play in such cases. Civil actions are actions that typically include personal injury claims arising from road traffic accidents, breach of contract actions, disputes over rights of way or planning permission and so on. Some examples of civil cases are: • a person who is hurt in a car accident sues the driver of the other car; • a worker sues his employer after the worker hurts his back at work and can never work again; • homeowner who has hired a builder to build a new kitchen sues the builder when the kitchen is badly built and has to be fixed; • family sues their doctor when the doctor does not discover that the mother has cancer in time for the cancer to be treated. A criminal case is based on an offense against society’s rules. The police are involved in investigating the crime and a person, called a suspect, is charged with a crime and brought to court. The state of Michigan, or the federal government, will be the one charging the suspect with a crime, not the actual victim. The government has to prove that the suspect committed the crime. In a criminal case, the suspect must be found guilty beyond a reasonable doubt. Crimes where the suspect could go to jail for more than one year are called felonies. Crimes where the suspect could serve a year or less in jail are called misdemeanours. Some examples of crimes are: • drunk driving; • murder; • arson; • selling illegal drugs. Advantages of the Crown Court The Crown Court system was created by the Courts Act of 1971. It is a court with more power to convict serious offenders compared to the smaller magistrate's court. The crown court deals with serious criminal cases, indictments and appeals that may originate from the magistrate courts. These crimes include sexual offences, murder, robbery and blackmail that have been committed by either an adult or a juvenile. Crown courts have various advantages and disadvantages. One advantage of crown courts is that they have lower acquittal rates compared to magistrate courts. Unlike magistrate courts, crown courts have a jury which extensively deliberates on the facts of a case before a court decision is handed down. Jury decision-making combined with that of the judge contribute to lower rates of conviction for the sake of conviction. In magistrate's courts, decisions are made solely by the presiding magistrate and these decisions may not always favour the defendant. The Crown Court is located in over 70 court centres across England and Wales, including the Central Criminal Court, more commonly known as the Old Bailey. At the Crown Court the case will be heard before a judge and jury. A defendant charged with an "either way" offence may chose to have their case heard in a Crown Court before a jury if they wish. The jury is made up of twelve people who know nothing about the trial before they come to court. It is their job to listen to all the evidence presented and to decide whether or not the accused is guilty. The judge will then decide the punishment for the offence. Jury is a historic legal institution in which a group of laypersons participate in deciding cases brought to trial. The exact characteristics and powers of the jury depend on the laws and practices of the countries, provinces, or states in which it is found, and there is considerable variation. Basically, however, it recruits laypersons at random from the widest population for the trial of a particular case and allows them to deliberate in secrecy, to reach a decision by a vote, and to present its verdict without giving reasons. Throughout its history, it has perhaps been both overpraised as a charter of liberty and overcriticized as a reliance on incompetent amateurs in the administration of justice. In 2017 the U.S. Supreme Court held that the federal rule that prevents former jurors from testifying about the deliberations of the jury on which they served could be suspended in cases in which there is clear evidence that a juror made statements during deliberations indicating that his or her vote to convict the defendant was significantly motivated by racial animus. The origin of the jury is disputed. It may have been indigenous to England or have been taken there by the Norman invaders in 1066. Originally, the jurors were neighbourhood witnesses who passed judgment on the basis of what they themselves knew. The breakdown of medieval society and the growth of the towns changed the role of the jury, which came to be called upon to determine the facts of the case on the basis of the evidence presented in court. Traditionally, the jury had 12 members and was required to reach its decision with unanimity. Over time, some modifications occurred: • some jurisdictions prescribe or allow a jury of six in minor criminal cases; • in civil cases the federal courts usually employ a six-person jury; • many jurisdictions allow verdicts by less-than-unanimous votes. When the required number of jurors cannot agree on a verdict, termed a "hung jury" in the United States, the judge declares a "mistrial", which means that the case, unless it is withdrawn, must be tried anew. Remarkably, hung juries occur with relative infrequency even when unanimity is required. In Europe juries generally operate under a different principle. Unless at least two-thirds of all the jurors vote guilty, the defendant must be acquitted. The United States Army court-martial jury also operates under this principle. In civil cases the jury decides both issues of liability and the amount of damages. In criminal cases the jury has been restricted generally to issues of guilt, while punishment has generally been left to the judge. Trial by jury is conducted under the supervision of a judge. The formula for sharing power between a judge and jury is complex. 1. The judge decides what the jury may or may not hear under the rules of evidence. 2. If the judge finds that the evidence presented leaves no factual issue to be resolved, he may withdraw the issue from the jury and direct the jury to acquit a defendant or, in a civil trial, a fine for either plaintiff or defendant; however, he cannot direct a guilty verdict in a criminal trial. 3. In some jurisdictions the judge may, and often will, summarize the evidence or even discuss its weight. 4. The judge instructs the jury as to the law it should apply in reaching the verdict. 5. If the judge finds the jury’s verdict to be manifestly against the weight of the evidence, he may with one exception set it aside and order a new trial. The only exception is in a criminal case in which the jury renders an acquittal; under Anglo-American law, though not under European continental law, the jury’s acquittal is always final. The jury normally renders a general verdict, i.e., a "yes" or "no" answer to liability or guilt, and does not give reasons for its decision. However, at times courts employ "special verdicts" or "special interrogatories" in which the jurors are asked to decide a series of specific factual issues that bear on the overall verdict. Judges working at Crown Courts or as District Judges at the Magistrates Court are legally qualified either as barristers or solicitors and work full-time as judges. As a result a Judge can sit alone but there will usually be a legal adviser present to assist where necessary. A Judge will normally wear a gown and wig in a Crown Court. The system of appeal In England, the system of appeal is an important part of the legal system. The system of appeal allows individuals who are dissatisfied with a decision made by a lower court or tribunal to have that decision reviewed by a higher court. There are several levels of appeal in England. See Figure 2 for detailed information. Figure 2. Levels of appeal in England Levels of appeal The County Court The High Court The Court of Appeal The Supreme Courts The first level is the County Court, which hears civil cases and some criminal cases. The County Court of England and Wales is a civil court that deals with a wide range of legal disputes, including contract disputes, property disputes, and personal injury claims; it also has jurisdiction over certain family law matters, such as divorce and child custody. The County Court operates at a local level, with courts located throughout England and Wales. Each court serves a specific geographical area, and cases are typically heard by a district judge. In the County Court, cases are usually heard by a judge alone, without a jury. The judge is responsible for making decisions based on the evidence presented by the parties involved in the case. The County Court has the power to issue a wide range of orders, including: • injunctions; • orders for specific performance; • orders for the payment of money. It can also award damages to compensate individuals or businesses for losses suffered as a result of the actions of another party. The County Court plays an important role in the English and Welsh legal system by providing a forum for individuals and businesses to resolve civil disputes fairly and efficiently. Its decisions can have a significant impact on the lives of those involved, and it is widely regarded as an important part of the country's justice system. If a party is dissatisfied with the decision of the County Court, they can appeal to the High Court. The High Court is the third highest court in the UK that deals with civil cases and appeals of decisions made in lower courts. It is based in London at the Royal Courts of Justice, but it has district registries throughout England and Wales where almost all High Court proceedings may be issued and heard. High Court cases are usually heard by a single judge, but certain types of hearings — such as criminal appeals and judicial review cases — are assigned to a Divisional Court, a bench of two or more judges. A jury will occasionally sit in the High Court, but only in cases involving defamation, false imprisonment, malicious prosecution and fraud. If a party is dissatisfied with the decision of the High Court, they can appeal to the Court of Appeal. The Court of Appeal of England and Wales is the second-highest court in the legal system of England and Wales, sitting above the High Court and below the Supreme Court. It is divided into two divisions: the Civil Division and the Criminal Division. The Court of Appeal has the power to hear appeals against decisions made by judges sitting in the High Court, as well as certain types of tribunals. It can make several types of decisions, including: • upholding the original decision; • reversing it; • ordering a retrial. Its decisions are binding on the lower courts, and it has the power to set legal precedents that lower courts must follow. Finally, if a party is dissatisfied with the decision of the Court of Appeal, they can appeal to the Supreme Court. It is the highest court in the United Kingdom. The judges, known as justices, have the final say on the biggest legal issues. They are the ultimate check and balance on the UK's laws and constitution. Their job is no different to many comparable bodies in other countries. They rule on what a law means when there is a dispute. These are cases that raise what the court considers to be genuinely important points that affect the nation. Tribunals Tribunals in England and Wales form an essential part of the justice system, providing a specialised forum for resolving various disputes outside the traditional court system. Tribunals offer a quicker, more informal, and often less expensive way to resolve disputes in specific areas such as employment, immigration, social security, and tax. Here is an overview of the tribunal system in England and Wales: The tribunal system in England and Wales is divided into two main tiers: the First-tier Tribunal and the Upper Tribunal. These tiers are part of the unified Tribunals Service, which was created to streamline and standardise tribunal procedures across different areas of law. The First-tier Tribunal is the first level at which cases are heard. It is subdivided into seven chambers, each dealing with different areas of law. 1. Social Entitlement Chamber deals with cases related to social security, child support, criminal injuries compensation, and asylum support. 2. Health, Education and Social Care Chamber handles issues involving mental health, special educational needs and disabilities, and care standards. 3. General Regulatory Chamber covers a wide range of regulatory issues, including charity law, environment, and information rights. 4. Immigration and Asylum Chamber addresses appeals against decisions made by the Home Office regarding immigration, asylum, and nationality. 5. Property Chamber handles disputes related to land, property, and housing, including leasehold disputes, rent assessments, and valuation tribunal matters. 6. Tax Chamber deals with appeals against decisions made by HM Revenue and Customs on matters such as income tax, VAT, and other tax-related issues. 7. War Pensions and Armed Forces Compensation Chamber deals with appeals regarding war pensions and compensation for armed forces members and their families The Upper Tribunal primarily serves as an appellate body, hearing appeals from decisions made by the First-tier Tribunal. It also has original jurisdiction in certain cases. The Upper Tribunal is divided into four chambers. 1. Administrative Appeals Chamber hears appeals on administrative decisions from various First-tier Tribunal chambers. 2. Immigration and Asylum Chamber deals with appeals from the Immigration and Asylum Chamber of the First-tier Tribunal. 3. Lands Chamber handles appeals and cases related to land and property, including compulsory purchase and land valuation disputes. 4. Tax and Chancery Chamber hears appeals from the Tax Chamber and also deals with certain financial and regulatory cases. Tribunals are designed to be more accessible and less formal than traditional courts. They aim to provide a user-friendly environment where individuals can represent themselves without the need for legal representation, although parties can still choose to have legal support if they wish. Tribunal judges and members often have expertise in the specific subject matter of the disputes they adjudicate, ensuring informed and fair decision-making. Tribunal hearings are generally more flexible in their procedures, allowing for a quicker resolution of cases. The emphasis is on resolving disputes efficiently while maintaining fairness and justice. Decisions made by the First-tier Tribunal can usually be appealed to the Upper Tribunal, and, in some cases, further appeals can be made to the Court of Appeal and, ultimately, to the Supreme Court, though such cases are relatively rare and typically involve significant points of law. The tribunal system plays a crucial role in the administration of justice in England and Wales. Advantages of the tribunal system are the following. 1. They provide a specialised and efficient mechanism for resolving disputes in a wide range of areas. 2. They help to alleviate the burden on the traditional court system, ensuring that cases are handled by experts in the relevant fields. 3. They lead to more informed decisions and contribute to the overall effectiveness and accessibility of the justice system. Глоссарий Иностранный язык в сфере юриспруденции Legal profession Арбитр — нейтральное лицо или группа лиц, которые разрешают споры между двумя или более сторонами. Они могут быть выбраны самими сторонами или назначены в соответствии с определенными правилами. Барристер — юрист, специализирующийся на адвокатской деятельности и представляющий интересы клиентов в судах высшей инстанции. Они могут работать независимо в палатах или быть наняты правительственными ведомствами или организациями. Гражданское право — рассматривает споры неуголовного характера между физическими или юридическими лицами Закон о конкуренции — регулирует антиконкурентное поведение и способствует развитию рыночной конкуренции. Закон о разрешении коммерческих споров — разрешает споры, связанные с бизнесом. Закон об окружающей среде и планировании — регулирует землепользование и охрану окружающей среды. Канцлерское право — специализируется на спорах о трастах, завещаниях и коммерческих спорах. Королевская прокурорская служба — это государственное учреждение в Англии, ответственное за судебное преследование по уголовным делам, расследуемым полицией. Корпоративный закон - регулирует создание и деятельность компаний. Мировые судьи — судебные должностные лица, обладающие ограниченной юрисдикцией в некоторых странах. Как правило, они рассматривают мелкие уголовные дела, такие как мелкие кражи или нарушения общественного порядка, а также могут проводить предварительные слушания по более серьезным преступлениям. Мировые судьи также могут выдавать ордера на арест, проводить коронерские дознания и выполнять некоторые административные функции. Наказание — мера ответственности, назначаемая судом лицам, признанным виновными в совершении преступления, которая может включать штрафы или тюремное заключение. Нотариус — государственный служащий или частный юрист, предоставляющий услуги, связанные со сделками с недвижимостью, завещаниями и доверительным управлением, а также с другими юридическими вопросами. Нотариусы уполномочены удостоверять подлинность документов, подтверждать личность физических лиц и давать юридические консультации по различным вопросам. Общее право — право, разработанное на основе судебных решений, а не законодательных актов. Палата — помещение, используемое для специальных или официальных целей, или группа людей, которые образуют парламент (часть парламента): заседания совета проводятся в зале совета. Примиритель — это нейтральная третья сторона, которая помогает конфликтующим сторонам прийти к соглашению. Примирение, как правило, является добровольным процессом, и примиритель не имеет полномочий навязывать сторонам какое-либо решение. Роль примирителя заключается в том, чтобы способствовать общению, находить точки соприкосновения и предлагать возможные решения, которые помогут сторонам прийти к собственному соглашению. Семейное право — занимается юридическими вопросами, связанными с семейными делами, такими как развод и опека над детьми. Солиситор — юрист, который напрямую взаимодействует с клиентами, предоставляя юридические консультации и подготавливая дела для адвокатов, чтобы они могли представлять их в суде. Судебная система — это учреждение, отвечающее за толкование и применение законов, разрешение правовых споров и обеспечение справедливости в обществе. Он состоит из иерархии судов разных уровней, каждый из которых обладает определенной юрисдикцией и полномочиями. Суды — судебные органы, которые определяют невиновность или виновность лиц, обвиняемых в нарушении законов, и назначают наказания в случае признания виновными. Судьи высокого суда — профессиональные юристы, которые ведут дела в высшем апелляционном суде страны. Они отвечают за толкование и применение закона, разрешение юридических споров и обеспечение правосудия на самом высоком уровне. Трудовое законодательство — регулирует отношения между работодателями и работниками. Уголовное право — относится к законам, запрещающим действия, наносящие вред обществу, и предусматривающим наказание за нарушения. Юридическая профессия — совокупность лиц, получивших образование и лицензию на юридическую практику, включая адвокатов, барристеров и солиситоров. Arbitrator — a neutral person or group of people who resolve disputes between two or more parties. They can be chosen by the parties themselves or appointed in accordance with certain rules. Barrister — a lawyer who specialize in advocacy and represent clients in higher courts. They may work independently in chambers or be employed by government departments or organizations. Civil law — addresses non-criminal disputes between individuals or entities. Competition law — regulates anti-competitive behavior and promotes market competition. Commercial dispute resolution law — resolves business-related disputes. Environment and planning law — regulates land use and environmental protection. Chancery law — focuses on trusts, probate, and commercial disputes. Crown Prosecution Service (CPS) — is a government agency in England responsible for prosecuting criminal cases investigated by the police. Company law — governs the formation and operations of companies. Justices of the Peace (JPs) — judicial officers who have limited jurisdiction in some countries. They typically handle minor criminal cases, such as petty theft or public order offenses, and can also conduct preliminary hearings for more serious crimes. JPs may also be responsible for issuing warrants, conducting coroner inquests, and carrying out certain administrative duties. Punishment — a penalty imposed by the courts on individuals found guilty of a crime, which may include fines or imprisonment. Notary — a public official or private legal professional who provides services related to real estate transactions, wills and trusts, and other legal matters. Notaries are authorized to authenticate documents, certify the identity of individuals, and provide legal advice on various issues. Common law — law developed through court decisions rather than statutes. Chamber — a room used for a special or official purpose, or a group of people who form (part of) a parliament: Meetings of the council are held in the council chamber. Conciliator — is neutral third party who helps conflicting parties reach an agreement. Conciliation is typically a voluntary process, and the conciliator does not have the authority to impose a solution on the parties. The conciliator's role is to facilitate communication, identify common ground, and suggest potential solutions to help the parties find their own resolution. Family law — addresses legal issues related to family matters, such as divorce and child custody. Solicitor — a lawyer who interact directly with clients, providing legal advice and preparing cases for barristers to present in court. Court system — the institution responsible for interpreting and enforcing laws, resolving legal disputes, and ensuring justice in a society. It consists of a hierarchy of courts at different levels, each with specific jurisdictions and powers. Law courts — judicial bodies that determine the innocence or guilt of individuals accused of violating laws and impose punishments if found guilty. High court judges — legal professionals who preside over cases in a country's highest court of appeal. They are responsible for interpreting and applying the law, resolving legal disputes, and ensuring justice at the highest level. Employment law — governs the relationship between employers and employees. Criminal law — pertains to laws prohibiting actions that harm society, with penalties for violations. Legal profession — the collective group of individuals who are trained and licensed to practice law, including lawyers, barristers, and solicitors. Иностранный язык в сфере юриспруденции Law of Tort The concept of tort The concept of tort is used in most English-speaking states with common law traditions. A tort is a wrongful act committed by an individual against another individuals’ person, property or reputation. The law of tort deals with civil wrongs. A wrong is something that causes harm or damage to another person. A person who suffers harm or damage is hurt in some way. This hurt might be physical in nature, but it might be some other type of hurt, such as causing someone to lose money. The law of tort is connected with the breach of the duty of care by accident but sometimes deliberately. This area of law is based on the following principle: — “In situations where I cause harm to another person, I may be liable to compensate him or her for that harm, even in situations when I do not have a contract with that person and I did not commit a criminal act against that person”. After the Normans conquered England in 1066, they soon lost the French language, but they retained a peculiar form of it for writing about law. Tort is "lawFrench", itself derived from the Latin word tortus, twisted. The common law of torts overlaps the law of "civil responsibility" in continental Europe. The continental Europeans use this phrase to refer to private suits over injuries, as opposed to criminal prosecutions. However, different legal traditions locate the boundaries of these broad areas of law somewhat differently and adopt somewhat different legal doctrines. Tort law, an essential component of civil law, assumes a critical function in redressing injustices and furnishing recourse for those who have endured suffering or injury due to the conduct or negligence of third parties. Tort law’s primary emphasis is compensating individuals who have suffered harm. Tort law encompasses a broad spectrum of civil wrongs broadly classified into three main categories: • intentional torts include intentional wrongdoings like assault, battery, and defamation; • negligence refers to careless but unintentional behaviour; • strict liability holds parties accountable for the harm caused by inherently hazardous activities, regardless of fault; The main principle of law of tort. An example of tortious action A tort is a civil wrong in the sense that it is committed against an individual, which includes legal entities such as companies, rather than the state. The gist of tort law is that a person has certain interests which are protected by law. These interests can be protected by a court awarding a sum of money, known as damages, for infringement of a protected interest. It aims to provide compensation to the injured party and deter others from engaging in similar harmful behaviour. One of the main principles of tort law is the concept of negligence. Negligence is the failure to exercise reasonable care, resulting in harm to another person or their property. To establish a claim of negligence, four elements must be proven. See them on Figure 1. Figure 1. Elements to establish a claim of negligence A claim of negligence Duty of care Breach of duty Causation Damages In legal practice today, of all the tort actions, it is negligence which has pride of place. By far the most tort claims are brought in negligence and, even if other torts such as breach of statutory duty or nuisance are involved in a particular case, negligence is frequently pleaded as well. This has not always been the case. Negligence is a relatively recent action to emerge in its own right in the long history of tort. Here is the example of negligence: a driver running a red light and causing a car accident due to inattentiveness. Let's review each of the elements of a tortious claim. The first one is a duty of care. Tort law defines "duty of care" as the legal obligation to act with care, caution, and reasonable consideration to avoid inflicting another person or entity pain or injury. The first matter to be proved is that the defendant owed a duty of care to the claimant. Unless it is possible to establish this in the particular circumstances of the case, there will be no point in considering whether a particular act or omission which has resulted in harm was negligent. As will be seen, the existence of a duty of care depends upon foresight, proximity and other complex factors. Here is the example of duty of care: a pharmacist who dispenses the wrong medication or incorrect dosage to a patient has failed to meet their duty of care. The second element is breach of duty. The term "breach of duty" pertains to a party’s neglect to fulfill their obligations or legal responsibilities towards another party. The second matter to be considered is whether the defendant was in breach of the duty of care. This element lies at the very heart of the negligence action. It involves consideration of whether the act or omission of which the claimant complained amounts in law to a negligent act. Here is the example of breach of duty: a driver who is speeding, texting while driving, and driving under the influence Tort law also requires causation to relate the defendant’s carelessness to the plaintiff’s injuries or damage. Causation is the element that establishes a direct link between the defendant’s wrongdoing or negligence and the plaintiff’s injury or damage. Causation requires showing that the defendant’s actions or omissions significantly contributed to the plaintiff’s injuries. Here is the example of causation: John, is texting on his phone while driving through a busy intersection. He fails to notice a red light and collides with another vehicle, causing injuries to the occupants of the other car. In this case John's distracted driving directly caused the collision and injuries to the occupants of the other vehicle. Damages refer to the monetary compensation or relief sought by the plaintiff due to the harm or injury they have sustained due to the defendant’s unlawful conduct. The purpose of damages in tort cases is to compensate the plaintiff for economic and non-economic losses that have resulted from the defendant’s actions or negligence. Here is the example of damages. The injured party suffers harm or losses as a result of the driver's negligent actions. It's important to note that the principle of negligence applies to a wide range of situations, including car accidents, medical malpractice, slip and fall incidents, and product liability cases. Each case is evaluated based on its unique circumstances, and the court determines whether negligence has occurred. In conclusion, the main principle of the law of tort is negligence. By establishing the elements of duty of care, breach of duty, causation, and damages, individuals who have suffered harm can seek compensation for their losses. Understanding the concept of negligence is crucial in navigating the complexities of tort law and ensuring justice is served. Tort vs. crime A crime is a wrong arising from a violation of a public duty. A tort is a wrong arising from the violation of a private duty. Examples of torts arising from a violation of private duties include: negligence, breach of contract, and defamation. Again, however, a crime can also constitute a tort. For example, assault is a tort, but it is also a crime. A person who is assaulted may bring criminal charges against the assailant and may also sue the assailant for damages under tort law. An employee’s theft of his employer’s property that was entrusted to the employee constitutes the crime of embezzlement as well as the tort of conversion. The police may prosecute a crime, and the offender is imprisoned, but this does not compensate the injured party. To obtain compensation the injured party will need to bring a claim in tort law. A tort is a new word in the world of crime. Albeit considered the same as crime, its use is subtly different. A tort is a wrongful act of a person that causes considerable mental or physical suffering or loss to a person. See Table 1 for detailed differences between a tort and a crime. Table 1. Differences between a crime and a tort Feature Tort Crime Nature of wrong Civil wrong Public wrong Parties involved Victim (Plaintiff) vs. Wrongdoer (Defendant) State (Prosecution) vs. Accused Objective Compensation for damages Punishment for the offender and deterrence Burden of proof Preponderance of the evidence (more likely than Beyond a reasonable doubt not) Standard of care Negligence, strict liability, Mensrea (guilty mind) often or intentional act required Court system Civil court Criminal court Remedies Monetary damages, injunctions Fines, imprisonment, probation Examples Negligence (car accident), defamation, product liability Theft, assault, murder Tortious liability vs. contractual liability Tortious liability and contractual liability are two different forms of legal liability that can arise in different circumstances. Tortious liability refers to a person's legal responsibility for causing harm to another person, regardless of whether there was a contract in place. This type of liability arises from a tort, which is a civil wrong that is not based on a contract. Some common torts include negligence, battery, and defamation. For example, in the landmark case of Donoghue v. Stevenson, 1931, UKHL 100, the defendant was held liable for tortious liability after he served a ginger beer containing a decomposed snail to the plaintiff, which made her ill. The court held that the defendant owed a duty of care to the plaintiff to take reasonable care to ensure that the product was fit for consumption. Contractual liability refers to a person's legal responsibility for a breach of contract. A contract is a legally binding agreement between two or more parties, and a breach of contract occurs when one of the parties fails to perform their obligations under the agreement. For example, in the landmark case of Parker v. Taswell, 1858, the defendant failed to deliver the goods that he had agreed to supply to the plaintiff under a contract. The court held that the defendant was liable for contractual liability because he had breached his obligations under the contract. Thus, tortious liability arises from a civil wrong, while contractual liability arises from a breach of contract. The two forms of liability are distinct and can exist independently of one another. Глоссарий Иностранный язык в сфере юриспруденции Areas of law Внутреннее законодательство — еще один термин, обозначающий национальное законодательство; законы, существующие в конкретной стране. Источники национального права — это основания, из которых проистекает национальное право, включая конституции, законы, принятые законодательными органами, административные постановления и судебные прецеденты. Международное право — совокупность норм и принципов, регулирующих отношения между суверенными государствами и другими международными субъектами. Оно включает международные договоры, международное обычное право и принципы, признанные в международных отношениях. Местное законодательство — постановления и правила, принятые органами местного самоуправления (например, городами, поселками, округами) и регулирующие конкретные вопросы в рамках местной юрисдикции. Местные законы должны соответствовать законам штата и федеральным законам. Муниципальное законодательство — свод законов и правил, принятых местными органами власти, такими как города, поселки или деревни. Оно включает постановления и кодексы, регулирующие местные вопросы, такие как землепользование и общественная безопасность. Национальное законодательство — также известное как внутреннее право, оно относится к правовой системе, созданной суверенным государством для регулирования поведения своих граждан и юридических лиц в пределах его территориальных границ. Оно включает в себя законы, нормативные акты, судебные решения и конституционные положения. Область права — конкретная правовая область или категория, в которой рассматриваются конкретные правовые вопросы и споры. Примеры включают уголовное право, гражданское право, семейное право, договорное право, имущественное право, административное право, конституционное право, экологическое право и право интеллектуальной собственности. Правоприменение — механизмы, с помощью которых национальное законодательство интерпретируется и применяется, как правило, с участием иерархической системы судов и правоохранительных органов. Нарушения могут повлечь за собой такие санкции, как штрафы или тюремное заключение. Сфера применения — круг вопросов, регулируемых национальным законодательством, охватывающий различные области, такие как уголовное право, гражданское право, административное право и семейное право. Оно отражает уникальную историю и культуру каждого суверенного государства. Федеральный закон — совокупность законов, принятых национальным правительством страны. В США он устанавливается конституцией, законодательными актами, принятыми конгрессом, и нормативными актами, разработанными федеральными агентствами. Федеральное законодательство применяется единообразно во всех штатах и имеет приоритет над законами штатов в случае конфликта. Domestic law — another term for national law; laws that exist within a specific country. Sources of national law — the origins from which national law derives, including constitutions, statutes enacted by legislative bodies, administrative regulations, and judicial precedents. International law — set of rules and principles that govern relations between sovereign states and other international actors. It includes treaties, customary international law, and principles recognized in international relations. Local law — ordinances and regulations enacted by local government entities (e.g., cities, towns, counties) that address specific issues within the local jurisdiction. Local laws must comply with state and federal laws. Municipal law — the body of laws and regulations enacted by local governing bodies such as cities, towns, or villages. It includes ordinances and codes that govern local matters like land use and public safety. National law — also known as domestic law, it refers to the legal system established by a sovereign state to govern the conduct of its citizens and entities within its territorial boundaries. It includes statutes, regulations, judicial decisions, and constitutional provisions. Area of law — a specific legal field or category that addresses particular legal issues and disputes. Examples include criminal law, civil law, family law, contract law, property law, administrative law, constitutional law, environmental law, and intellectual property law. Enforcement — the mechanisms through which national law is interpreted and enforced, typically involving a hierarchical system of courts and law enforcement agencies. Violations can result in sanctions like fines or imprisonment. Scope — the range of matters addressed by national law, encompassing various fields such as criminal law, civil law, administrative law, and family law. It reflects the unique history and culture of each sovereign state. Federal law — the body of laws created by the national government of a country. In the U.S., it is established by the Constitution, statutes enacted by Congress, and regulations created by federal agencies. Federal law applies uniformly across all states and takes precedence over state laws in case of conflict. Глоссарий Иностранный язык в сфере юриспруденции English court Апелляционный суд — второй уровень судов рассматривающий апелляции судов первой инстанции. в Великобритании, Апелляционный суд — суд в Англии и Уэльсе, рассматривающий апелляции на решения мировых судов и некоторых трибуналов. Апелляционный суд — это суд высшей инстанции, который рассматривает апелляции по судебным делам, уже рассмотренным и по которым вынесено решение в суде низшей инстанции. Апелляционные суды существуют как на уровне штата, так и на федеральном уровне и состоят только из судейского состава без присяжных. Верховный суд — высший суд во многих правовых системах, часто отвечающий за толкование конституционных вопросов. Гражданский суд — это суд, который рассматривает гражданские дела, например, споры между физическими лицами или организациями. Гражданское отделение — часть судебной системы, которая рассматривает гражданские иски. Закон о судах — законодательство, регулирующее деятельность судов в определенной юрисдикции. Истец — сторона, подающая иск в гражданском деле. Королевский суд — уголовный суд высшей инстанции в Англии и Уэльсе. Олд-Бейли — знаменитый уголовный суд в Лондоне. Ответчик — лицо или организация, против которых подан иск в гражданском деле или которые обвиняются в совершении преступления в уголовном деле. Суд по делам несовершеннолетних — суд, рассматривающий дела несовершеннолетних, совершивших преступления или нуждающихся в защите. Суд по делам о банкротстве — это суд, который рассматривает дела о банкротстве физических или юридических лиц, неспособных выплатить свои долги. Суд по делам о дорожно-транспортных происшествиях — суд, рассматривающий нарушения правил дорожного движения и дорожно-транспортные происшествия. Суд по делам о наркотиках — специализированный суд, рассматривающий преступления, связанные с наркотиками, и предлагающий варианты лечения для обвиняемых. Суд по наследственным делам — часть судебной системы, рассматривающая завещания, имущественные споры, опекунство и попечительство. Суд по семейным делам — суд, рассматривающий вопросы семейного права, такие как развод, опека над детьми и алименты. Суды мелких тяжб — специальные суды, предназначенные для быстрого и эффективного рассмотрения мелких исков. Судьи — должностные лица, которые председательствуют на судебных заседаниях и выносят решения на основании закона. Трибунал первой инстанции — тип трибунала в Великобритании, который рассматривает дела в конкретных областях права, таких как иммиграция или социальное обеспечение. Уголовное отделение — часть судебной системы, которая рассматривает уголовные дела. Уголовный суд — суд, рассматривающий уголовные дела, в которых человек обвиняется в совершении преступления. The Upper Tribunal — the second tier of tribunals in the UK, hearing appeals from firsttier tribunals. Divisional court — a court in England and Wales that hears appeals from magistrates' courts and some tribunals. Appellate court — the higher court that hears and reviews the appeals from legal cases that have already been heard and ruled on in a lower court. Appellate courts are present at both the state and federal levels and feature only a committee of judges without a jury. Supreme Court — the highest court in many legal systems, often responsible for interpreting constitutional issues. Civil court — a court that hear civil cases, such as disputes between individuals or organizations. Civil division — part of a court system that deals with civil lawsuits. Courts act — a legislation that governs the operation of courts in a particular jurisdiction. Plaintif — a party bringing a lawsuit in a civil case. Crown court — a high-level criminal courts in England and Wales. Old Bailey — a famous criminal court in London. Defendant — person or entity being sued in a civil case or accused of a crime in a criminal case. Juvenile court — a court that handle cases involving minors who have committed crimes or are in need of protection. Bankruptcy court — a court that handle bankruptcy cases, which involve individuals or businesses who are unable to pay their debts. Traffic court — a court specifically dealing with traffic violations and accidents. Drug court — a specialized court that focus on drug-related offenses and provide treatment options for defendants. Probate court — part of the judicial system handling wills, estates, conservatorships, and guardianships. Family сourt — a court that deal with family law matters, such as divorce, child custody, and support. Small claims courts — special courts designed to handle small claims quickly and efficiently. Judges — officials who preside over court proceedings and make decisions based on the law. The first-tier tribunal — a type of tribunal in the UK that deals with specific areas of law, such as immigration or social security. Criminal division — a part of a court system that handles criminal cases. Criminal court — a court that try criminal cases, where an individual is accused of committing a crime. Глоссарий Иностранный язык в сфере юриспруденции Starting Action in Court Бремя доказывания — обязанность истца доказать каждый элемент своего дела с помощью преобладающего большинства доказательств в гражданских делах или вне всяких разумных сомнений в уголовных делах. Давать показания — предоставлять доказательства или информацию в качестве свидетеля в судебном разбирательстве. Доказуемые факты — утверждения, которые могут быть подтверждены доказательствами и необходимы для обоснованности заявления. Иск — совокупность фактических обстоятельств, создающих право, подлежащее защите в суде; синоним «основания для иска». Это юридическое заявление, в котором истец требует компенсации или утверждает, что ответчик обязан возместить ущерб, причиненный истцу. Истец — сторона, которая подает гражданский иск, требуя правовой защиты или компенсации; несет бремя доказывания по делу. Необоснованное требование — требование, которое является недействительным из-за отсутствия оснований или доказуемых фактов. Обвинение — в уголовных делах государственная организация, которая выдвигает обвинения против ответчика и должна доказать его вину. Обоснованность — неотъемлемые права и нарушения, на которые ссылается истец; иск должен быть обоснованным, чтобы считаться действительным. Ответчик — сторона, против которой подан иск; в уголовном деле юридическое лицо, обвиняемое правительством. Подача иска — процесс официального предъявления иска в гражданский суд для возбуждения судебного разбирательства. Преобладание доказательств — стандарт доказывания в гражданских делах, при котором истец должен продемонстрировать, что его утверждения с большей вероятностью являются правдой, чем ложью. Свидетель — лицо, дающее показания о спорных фактах или обстоятельствах по делу; перед дачей показаний должен быть приведен к присяге. Свидетель по фактам — свидетель, который дает показания относительно конкретных фактов, имеющих отношение к делу. Свидетель репутации — свидетель, вызванный в суд для дачи показаний о моральном облике подсудимого. Свидетель эксперт — свидетель, обладающий специальными знаниями, имеющими отношение к делу, который дает показания, основанные на его опыте. Стороны — физические или юридические лица, непосредственно участвующие в судебном процессе, в том числе истец и ответчик. Суд графства — тип суда в Англии и Уэльсе, куда подается большинство гражданских исков; в стране насчитывается более 200 судов. Burden of proof — the obligation of the plaintiff to prove each element of their case by a preponderance of the evidence in civil cases or beyond a reasonable doubt in criminal cases. Testify — to provide evidence or information as a witness in a court proceeding. Provable facts — factual assertions that can be supported by evidence and are necessary for a claim to have validity. Claim — a set of operative facts creating a right enforceable in court; synonymous with «cause of action.» It is a legal declaration seeking compensation or alleging owed payment for loss caused to a party. Plaintiff — the party who files a civil case, seeking legal remedy or compensation; has the burden of proof in the case. Unreasonable claim — a claim that is invalid due to lacking merit or provable facts. Prosecution — in criminal cases, the government entity that brings charges against the defendant and must prove the defendant's guilt. Merit — the inherent rights and wrongs of a claim; a claim must have merit to be considered valid. Defendant — the party against whom a lawsuit is filed; in a criminal case, the entity accused by the government. Filing a claim — the process of formally submitting a claim to a civil court to initiate legal proceedings. Preponderance of evidence — a standard of proof in civil cases where the plaintiff must demonstrate that their claims are more likely true than not. Witness — an individual who provides testimony about disputed facts or issues in a case; must be sworn in before testifying. Fact witness — a witness who offers testimony regarding specific facts at issue in the case. Character witness — a type of witness who testifies about a person's character or reputation. Expert witness — a witness with specialized knowledge relevant to the case, providing testimony based on their expertise. Parties — the individuals or entities directly involved in a lawsuit, which include the plaintiff and defendant. Country court — a type of court in England and Wales where most civil claims are filed; there are over 200 country courts.
