Criminal and Civil Cases

Crime is a violation of a law that forbids or commands an activity. Such crimes as murder, rape, arson are on the books of every country. Because crime is a violation of public order, the government prosecutes criminal cases.

Courts decide both criminal and civil cases. Civil cases stem from disputed claims to something of value. Disputes arise from accidents, contractual obligations, and divorce, for example.

Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.

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

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

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

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

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

Notes

violation – нарушение закона

to violate – нарушать закон

to forbid – запрещать

rape – изнасилование

rapist – насильник

to rape – насиловать

arson – поджог

arsonist – поджигатель

claim – требование, претензия, заявление; иск

to claim – требовать (возмещение убытков); заявлять права, подавать иск

claimant – предъявляющий права,истец

distinction – различие

to force – заставлять, принуждать

defendant – ответчик, подсудимый, обвиняемый

fine – штраф

victim – жертва, пострадавший

pursue – предъявлять иск; преследовать

compensation – возмещение убытков, компенсация

procedure – процедура

to allow – позволять, давать возможность

action – судебный процесс, обвинение, иск

plaintiff – истец

road accident – дорожно-транспортное происшествие

to injure – причинить вред, ранить

to prove – доказать, подтвердить

damage – убыток, ущерб (мн.ч. – компенсация за убытки)

2. Read the text again to answer the following questions:

1. Do the English Magistrates’ Courts deal with civil and criminal cases?

2. Are criminal and civil procedures different?

3. What may an English criminal court do in order pay a fine?

4. In what cases can the victim of a road accident get compensation?

5. How do we call the person, bringing a criminal action in Anglo-American law?

6. How do we call the person, bringing a civil action in Anglo-American law?

7. What does the phrase “The people vs. Smith” mean?

8. What does the Japanese Family Court deal with?

9. What do we usually call a crime?

10. Is evidence from a criminal trial admissible as evidence in a civil action about the same mater?

3. Translate the following words and word-combinations from English into Russian:

to violate the law, the main argument, rape, to be found guilty of, court procedure, to be injured in a road accident, arson, civil matter, to make a rather clear distinction between, prosecution, claim for compensation, to pay a fine as punishment, allow, on the other hand, victims of the road accident, civil court, to force a defendant to pay a fine, distinction, to forbid, plaintiff, evidence, trial, damage, criminal matter, careless driving.

4. Find the English equivalents for the following words and phrases:

нарушение закона, насильник, ответчик, поджигать, нарушать закон, запрещать, подтвердить, изнасилование, убыток, подавать иск, гражданский суд, позволять, жертва, различие, штраф, принуждать, подсудимый, преследовать, компенсация, причинить вред, истец, процедура, судебный процесс, дорожно-транспортное происшествие, поджог, сторона, доказательство, общественный порядок.

5. Decide which sentences are true and which are false? Make the false sentences true:

1. Usually courts don't decide civil cases.

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

3. Civil actions can never be started by individuals.

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

5. The plaintiff can claim for compensation in Court.

6. The English Magistrates' Courts deal with civil cases.

7. The victim of a road accident can get compensation if the driver, who injured him, pleads himself guilty.

8. The Japanese Family Court deals with divorce proceeding.

9. Civil cases stem from disputed claims to something of value.

10. Criminal and civil procedures are not different.