I. Division of Law

I. Division of Law

1. Read the following introductory text and compare i) private and public law, ii) civil and criminal law, and iii) substantive and procedural law.

Law in general is divided into two broad and separate branches, traditionally called private and public. Private law deals with relationships between individuals, such as contracts (in common law) or the law of obligations (in civil law countries). Public law is concerned with the relationship between individuals (both natural persons and artificial legal persons) and the state and includes criminal law, administrative law and constitutional law.

The most prominent areas of these two branches are civil law and criminal law, respectively, as each of them pursues completely different objects, namely, redress and punishment. Civil law seeks to redress wrongs by enforcing compensation or restitution. Criminal law, on the contrary, imposes punishment on the wrongdoer fulfilling the aims of retribution, deterrence and, possibly, reformation. Both the types of law are also sub-divided into substantive law and procedural (or adjective) law, the former defining rights and duties of people, the latter laying down the rules with the help of which the rights and duties are enforced.

Created by the team of authors.

2. Listen to the differences between private and public law and write down definitions of the branches that the speaker mentions.

Based on Powel, Richard.Law Today, Longman: 1993.

T: listening: Law Today, Unit 3

3. Practising definitions

A) There are more ways to define the same terms. Which branches are defined by the following (first translate the Czech words into English, the first letters are given):

1. ______can be defined as the branch of law governing the creation, variation, enforcement, and annulment of legally binding a______(dohody) between persons

law of contracts: the branch of law governing the creation, variation, enforcement, and annulment of legally binding agreements between persons

2. ______could be understood as the body of law concerned with c______(odškodnění) the victims of civil wrongs independent of contract

law of torts: the body of law concerned with compensation the victims of civil wrongs independent of contract

3. ______could be defined as the body of law relating to marriage, separation, d______(rozvod) and the custody of children

family law: the body of law relating to marriage, separation, divorce and the custody of children

4. ______is the area of law dealing with arrangements relating to the validity of w______(závěti) and the administration of estates after the owner's death.

law of probate: the area of law dealing with arrangements relating to the validity of will and the administration of estates after the owner's death

B) Complete the definitions by arranging the words at the end into the correct order:

5. administrative law could be defined as the body of law that governs the activities of ………………………………………………………………………

of/agencies/goverment/administrative

administrative law: the body of law that governs the activities of administrative agencies of government

6. land law is the area of law which deals with rights and interests

………………………………………………………………………

owning/related/and/to/using/assets/immovable

land law: the area of law which deals with rights and interests related to owning and using immovable assets

7. law of trusts may be defined as the area of law dealing with arrangements whereby property is held by one party ………………………………………………………………………

benefit/the/of/another/for

law of trusts: the area of law dealing with arrangements whereby property is held by one party for the benefit of another

8. criminal law can be defined as the part of law which deals with illegal conduct prohibited and punished by the government ………………………………………………………………………

threatens/because/and/it/safety/harms/public

criminal law can be defined as the part of law which deals with illegal conduct prohibited and punished by the government because it threatens and harms public safety

NOTE: The definitions above follow the structure of a formal definition:

Created by the team of authors.

Term to be defined / Verb (to be, to mean, to be defined as, …) / Class of concepts / Special features
substantive law / can be defined as / the set of rules / which creates, defines and regulates rights and duties of parties, such as crimes and punishments in criminal law.
common law / could be understood as / a system of law / based on custom which is administered and developed by the courts in judicial decisions.

Based on: Chromá, Marta et al.New Introduction to LegalEnglish, RevisedEdition. Volume I. Univerzita Karlova, 2011.

C) Write down formal definitions:

9. constitutional law ……………………………………………………………………

constitutional law could be understood as the body of law which defines the relationship of different entities within a state

10. procedural law ……………………………………………………………………

procedural law can be defined as the legal rules governing the practice and procedure of the courts when conducting lawsuits

T: Revising vocabulary (credit test practice), in IS (odpovědníky):

natural personfyzickáosoba

artificial legal personprávnickáosoba

to seek to redresspožadovatnáhradu/odškodné

to impose punishmentuložittrest

retribution and deterrenceodplata/trest a odstrašování

procedural and substantive law procesní a hmotnéprávo

to lay down the rules stanovit/vytvořitpravidla

brach of law which deals with odvětvípráva, kterépojednává o

illegal conductnezákonnéjednání

nemovitýmajetekimmovable assets

právnězávaznélegally binding

zrušeníplatnostidohodyannulment of agreement

péče o děticustody of children, child custody

veprospěchjinéhofor the benefit of another

správamajetku/pozůstalostiadministration of estate

upravovatvztahyto regulate relations

odškodnitobětito compensate victims

občanskoprávnídelikt civil wrong, tort

Created by the team of authors.

Criminal and civil procedure

4. Pair work: Student A reads Text 1, Student B reads Text 2: fill in the appropriate parts of the table below and then share the information.

TEXT 1:

Criminal law is the body of rules defining the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders. This is also termed as penal law.

The ‘wrong’ in criminal law is known as a ‘crime’ or an ‘offence’. These are acts considered to be harmful to society as a whole. The person who commits the crime is a ‘criminal’ or an ‘offender’. The person who suffers is the victim.

In a criminal law proceeding, it is the state which tries to bring justice to the victim. The state is represented by a prosecutor; the charged person is known as the defendant.

Because of the potential loss of liberty and personal rights involved, the standard of evidence in criminal cases is higher than in civil cases. The job of the prosecutor is to prove that the defendant committed the crime. There is a presumption that the defendant is innocent until proven guilty. The prosecutor has to demonstrate a very high level (burden) of proof against the defendant i.e. that the defendant is “guilty beyond reasonable doubt”. This means there must be a very, very high level of certainty demonstrated to the jury and court. If the court is satisfied that there is no reasonable doubt, the defendant is found guilty and convicted of the crime. If there is reasonable doubt, the defendant is found ‘not guilty’ of the crime and acquitted.

If the defendant is found guilty, they are sentenced. This means ‘given a punishment’. If the crime is serious, they can be sent to jail or ‘imprisoned’.

Examples of crimes can include murder, theft, armed robbery and arson.

The case citation in a criminal proceeding is written as follows: R v. Novak (UK) ‘R’ stands for Rex/Regina (king/queen) or The people v. Novak (USA)

TEXT 2:

Civil law is a body of law that determines private rights and liabilities, as distinguished from criminal law. Civil cases usually concern private disputes between persons or organizations, such as disputes involving accidents or contracts. Civil procedure seeks to compensate people for monetary losses or settle disputes. The goal is to return the person who suffered the loss to the same position before the loss happened or to resolve a disagreement. Where loss occurred to one party because of the negligent (careless) acts of another party, this is referred to as a ‘tort’ (civil wrong).

In civil procedure, the legal dispute is between individuals and does not involve the state. Therefore, the individual must commence the legal proceeding. The person who takes the legal action is known as the claimant or plaintiff. The other party is known as the defendant. The defendant is the person or entity that is being sued. The case citation (reference) in a civil procedure case is written as follows: Svoboda v. Novak. The citation is correctly read: Svoboda and Novak. In the USA, it is read as Svoboda versus Novak.

In the court, the claimant can represent themselves or hire a lawyer. The claimant must prove that the defendant committed the civil wrong ‘on the balance of probabilities’. This roughly means ‘more than 50% likely’. If the court is satisfied that the claimant has proved their case on the balance of probabilities then the defendant is found ‘liable’. If not, then the defendant is found ‘not liable’.

If the defendant is found liable, the court may award damages (financial compensation) to the claimant. Other remedies may include specific performance or an injunction.

Examples of civil procedure cases may involve: injury or financial loss caused by negligence and breach of contract.

NOTE: claimant… expression used in England, plaintiff...expression used in the USA and formerly in England

Created by the team of authors (Martin Udall)

criminal procedure / civil procedure
parties / prosecutor X defendant
(state X individual) / claimant/plaintiff X defendant
(individuals or organisations)
the wrong is called / a crime, an offence / a tort, a civil wrong
aim / to bring justice to the victim
to punish / to compensate people for losses or
to settle disputes
standard of proof / beyond reasonable doubt
high burden of proof / on the balance of probabilities
defendant is (found) / found guilty, found not guilty / found liable, found not liable
possible outcomes / 1) conviction: imprisonment
2) acquittal / compensation, remedy, damages, specific performance, injunction
examples / murder, theft, armed robbery, arson / negligence, tort
breach of contract
citation of cases / R v. Novak (UK)
The people v. Novak (USA) / Svoboda v. Novak
useful verbs / to investigate, to charge with (an offence/a crime), to try (a criminal case),
to convict somebody of (a crime),
to punish, to acquit, to sentence, to imprison / to sue, to take a legal action, to try (a civil case), to award (damages), to resolve a dispute

Created by the team of authors.

5. Language practice:

more exercises in Osnova - odpovědníky

5.1. Match the right halves of the sentences:

(i) They were compensated …
(ii) The defendant was convicted …
(iii) He was charged …
(iv) The defendant is innocent …
(v) Her injury was caused …
(vi) The claimant was awarded …
(vii) Torts are distiquished …
(viii) The prosecutor must prove the case ... / (a) … damages.
(b) … beyond reasonable doubt.
(c) … from crimes.
(d) … for a loss.
(e) … until proven guilty.
(f) … of the robbery.
(g) … with the murder.
(h) … by negligence.

key:

(i) They were compensated …(d)
(ii) The defendant was convicted … (f)
(iii) He was charged …(g)
(iv) The defendant is innocent …(e)
(v) Her injury was caused …(h)
(vi) The claimant was awarded … (a)
(vii) Torts are distiquished … (c)
(viii) The prosecutor must prove the case ..(b) / … for a loss.
… of the robbery.
… with the murder.
… until proven guilty.
… by negligence.
… damages.
… from crimes.
… beyond reasonable doubt.

Created by the team of authors.

5.2 Word formation. Complete the table with the correct noun or verb and then complete the sentences with suitable words from the table.

verb / noun
to compensate
to acquit
to sue
to prove
to try (a case) / compensation
presumption
loss
prosecution
breach

key:

verb / noun
to compensate
to acquit
to sue
to prove
to try (a case)
to presume
to lose
to prosecute
to breach/break / compensation
acquittal
law-suit
proof
trial
presumption
loss
prosecution
breach

Created by the team of authors.

a) The ______of innocence means that the defendant doesn’t have to prove they are innocent.

The presumption of innocence means that the defendant doesn’t have to prove they are innocent.

b) To win a ______the claimant must prove the legal liability of the defendant.

To win a lawsuit/trial the claimant must prove the legal liability of the defendant.

c) U.S. federal courts ______cases involving federal laws.

U.S. federal courts try cases involving federal laws.

d) When one party ______the contract, the other party can sue for damages.

When one party breaches/breaks the contract, the other party can sue for damages.

Created by the team of authors.

5.3 Translate into English/Czech:

žalobce a žalovanýclaimant/plaintiff and defendant

spáchattrestnýčinto commit a crime/an offence

utrpětújmuto suffer a loss/an injury/harm/damage

žalovat pro odškodněníto sue for damages

býtobžalován z krádežeto be charged with theft

vyšetřovatpodezřeléhoto investigate a suspect

odsouzenýpachatelconvicted criminal

the defendant was found guiltyobžalovanýbylshledánvinen

monetary losspeněžitáújma

to hire a lawyernajmoutsiprávníka

the defendant paid damagesžalovanýzaplatilodškodné

loss of libertyztrátasvobody

rights and liabilitiespráva a povinnosti

to commence legal proceedings zahájitsoudnířízení

Created by the team of authors.

Next lesson: Revision exercise (preparation for ex. 5): class activity - reconstructing the civil/criminal procedure table - each student gets 1 or 2 pieces of paper with information (e.g. “acquittal”), goes to the board, sticks the piece to the appropriate place and explains to the whole class

6. Revision: Explaining the difference between civil and criminal procedure to the public. Student A - You are a journalist interviewing a lawyer on the differences between civil and criminal procedure. Prepare questions. Student B - You are a lawyer answering the questions. Your audience is general public.

Bářinaaktivita - ppt “Civil-Criminal Revision Bára interviewing a lawyer.ppt”

roleplay - interviewing a legal expert: explaining to the general public the difference between civil and criminal procedure:

Student 1: You are a journalist and you will introduce a prominent lawyer (give his/her name, law firm and where s/he is from) and ask him about a particular point of difference.

Student 2 and 3: You are an important lawyer and will answer the journalist’s question. Your audience is the general public.

Class activity:

●Each reporter will introduce his lawyer and ask him/her a question

●Each lawyer has 30 seconds to answer.

●The questions should not be repeated.

Compare with the real lawyers (short youtube explanations civil X criminal):

II. System of courts in England and in the Czech Republic

1. Study the chart outlining the system of courts in England (and Wales) and fill in the gaps in the text below with the appropriate names of courts:

T: Study the chart with the class first (vocab, e.g. APPEAL), and then the students fill in the gaps

chart from: ?

There are a wide variety of different types of courts and tribunals in England, some of which are highly specialised and deal only with certain types of matters, nevertheless, all of the courts fall, more or less, into a fairly well-defined hierarchy.

Minor criminal offences are tried at the Magistrates Courts which also handle certain domestic matters and youth court matters. Most civil litigation, such as contract and tort matters, cases involving debt collection or a "slip and fall" accident, takes place in the (1) ______.

The (2) ______handles trials of serious criminal offences where the defendant normally has a right to a trial by jury. It also hears certain appeals from the Magistrates' Courts, and can also be involved in sentencing a person convicted of a crime in the Magistrates' Courts.

The (3) ______is both an appellate court (for certain decisions from lower courts and tribunals) and a court of first instance for cases of particular significance or value.

It has three divisions: The (4) ______hears cases involving contract and tort law matters, the Chancery Division handles cases involving trust law, probate matters, tax and bankruptcy, and the (5) ______handles matrimonial and other family law cases.

For most cases in England, the (6) ______will be the final court of appeal. It is split into the Criminal Division and the (7) ______, with its jurisdiction divided accordingly.

The (8) ______hears and decides appeals from lower courts on matters that are of general public importance. For example, if there is an unresolved question about how a particular statute is to be interpreted, it might hear an appeal that raises that point in order to try to settle the uncertainty surrounding it. The ______hears appeals of all type of civil cases and all criminal cases

The tribunal system is extensive and handles an extremely wide variety of legal issues. Recently, the tribunals have been re-organised and include e.g. the Mental Health Review Tribunals, the Immigration Services Tribunals and the Employment Tribunals.

The Crown Court handles trials of serious criminal offences where the defendant normally has a right to a trial by jury. It also hears certain appeals from the Magistrates' Courts, and can also be involved in sentencing a person convicted of a crime in the Magistrates' Courts.

The High Court is both an appellate court (for certain decisions from lower courts and tribunals) and a court of first instance for cases of particular significance or value.

It has three divisions: The Queen's Bench Division hears cases involving contract and tort law matters, the Chancery Division handles cases involving trust law, probate matters, tax and bankruptcy, and the Family Division handles matrimonial and other family law cases.

For most cases in England, the Court of Appeal will be the final court of appeal. It is split into the Criminal Division and the Civil Division, with its jurisdiction divided accordingly.

The Supreme Court hears and decides appeals from lower courts on matters that are of general public importance. For example, if there is an unresolved question about how a particular statute is to be interpreted, it might hear an appeal that raises that point in order to try to settle the uncertainty surrounding it. The Supreme Court hears appeals of all type of civil cases and all criminal cases.

adapted from: