The system of law in the uk

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Vocabulary

1.claim for injunction — требование судебного запрета

2. a defendant — обвиняемый, подсудимый, ответчик

3. a prosecutor — обвинитель, прокурор

4. a claimant — истец

5. to find smb. guilty — признать кого-либо виновным

6. to find smb. not guilty — признать кого-либо невиновным

7. to find smb. liable — признать кого-либо подлежащим ответ- ственности (в гражданском процессе) 8. to convict — осудить

9. to acquit — оправдать

10. to have a criminal record — иметь судимость

11. to charge smb. with a criminal offence — предъявить обвинение в совершении преступления 12. judgement for the claimant — решение в пользу истца

13. burden of proof — бремя доказывания

14. standard of proof — критерий/степень доказанности

15. to prove guilt ‘beyond reasonable doubt’ — доказать вину «вне вся- кого разумного сомнения»

16. to prove a case ‘on a balance of probabilities’ — доказать дело, ос- новываясь «на соотношении вероятностей»

The study of law distinguishes between public law and private law, but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers. Public law relates to the state and is concerned with laws which govern processes in local and national government conflicts between an individual and the state. Private law is concerned with the relationships between individuals and corporations, and includes family law, contract law, property law, etc.

Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder or theft. The state prosecutes the offender. Civil law concerns relationships between private persons, their rights and duties. It also deals with the conduct which may give rise to a claim by a legal person for compensation or injunction. When it comes to prosecution under the laws of the country it’s common to speak about criminal offence but civil wrongs

Criminal and civil proceedings are usually very different. In a criminal proceeding a prosecutor prosecutes a defendant. If the verdict is “guilty”, the defendant is convicted. He will have a criminal record for the crime and will be punished by one of a variety of punishments ranging from life imprisonment to a fine, which is paid to a court. If the defendant is found “not guilty”, he is acquitted and allowed to leave court without punishment.

In civil cases a claimant sues a defendant or brings a claim against him. The proceeding may result in judgement for the claimant, which means that the defendant is found liable and the judge may order the defendant to pay damages.

The duty to prove a case is called the burden of proof. In criminal cases the burden of proof falls on the prosecution. In other words it’s the duty of the prosecution to prove guilt, the defendant doesn’t have to prove his innocence. This principle is called the presumption of innocence, which means that every person charged with a criminal offence is considered to be innocent until proved guilty.

The degree of proof which makes the court sure that the person is guilty is called the standard of proof. The standard of proof is higher in a criminal action than in a civil one since the penalties are stricter. In a criminal case a prosecution must prove the guilt of a criminal “beyond reasonable doubt”, which means that the prosecution must make the court sure that the defendant committed the crime. If the court is not sure or has a reason for the doubt, it must acquit the defendant.

In a civil action the burden of proof is on the claimant. He is required to prove his case “on a balance of probabilities”, i.e. to show that his case is more probable than not. But he doesn’t have to make the court sure about it; it’s enough to show that the defendant was probably guilty.

One and the same offence may sometimes result in both kinds of prosecution, civil and criminal. For example, the driver who injured a passer-by will not only face criminal penalties imposed by a criminal court but may have to pay compensation for injuries ordered by a civil court.

Подберите русские эквиваленты к следующим словам и выраже- ниям из текста.

1) criminal offence

2) civil wrong

3) criminal proceeding

4) civil proceeding

5) prosecution

6) defendant

7) claimant

8) criminal record

9) to pay damages

10) burden of proof

11) standard of proof

12) presumption of innocence

13) to charge smb. with a criminal offence

14) to prove the guilt “beyond reasonable doubt”

15) to prove a case “on a balance of probabilities”

BRANCHES OF LAW IN THE UK

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Labour Law

Vocabulary

1. legal rights — законные права

2. trade union — профсоюз

3. branches of law — отрасли права

4. conditions of work — условия труда

5. social security — социальная защита, обеспечение

6. disability insurance — страховка на случай нетрудоспособности

7. welfare — благосостояние

8. provisions — положения, условия

9. to negotiate an agreement — договариваться об условиях

10. favourable — благоприятный

11. restrictions — ограничение

12. grievance — жалоба, трудовой конфликт

13. dismissal — увольнение, от ставка

Labour Law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such it mediates many aspects of the relationship between trade unions and employers. Out of all different branches of law, this one deals with the terms and conditions of work, and disputes regarding employment of labour. This is a set of rulings and regulations that govern the relationship and terms between employers and employees.

In its most comprehensive sense the term includes social security and disability insurance as well. In addition to the individual contractual relationships growing out of the traditional employment situation, labour law deals with the statutory requirements and collective relationships that are increasingly important in mass-production societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services.

The basic subject matter of labour law can be considered under nine broad heads: employment; individual employment relationships; wages and remuneration; conditions of work; health, safety, and welfare; social security; trade unions and industrial relations; the administration of labour law; and special provisions for particular occupational or other groups. There are special rules about the employment of children and young people. Your rights at work will depend on:

your statutory rights and

your contract of employment

Statutory rights are legal rights based on laws passed by Parliament. Nearly all workers, regardless of the number of hours per week they work, have certain legal rights.

The contract of employment is the agreement made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them. In addition, the contract of employment will also include “custom and practice” agreements. These are how things are usually done in the workplace, for example, if the employer always gives the employees a day’s holiday in August. Even though this is not mentioned in the written contract this will form part of the contract of employment as it is usual practice. If the written contract says one thing, but in practice all the employees have been doing something else with the employer’s knowledge and agreement, the “custom and practice” would form the contract rather than the written statement.

A trade union may have negotiated an agreement with an employer about conditions at work. The negotiated agreement will often form part of a contract of employment, particularly if the conditions are more favourable than the previous ones. One of the main functions of trade unions is to protect the rights of workers.

All workers, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment. The statement must give details about: job title, wages and hours of work, sick pay, pension schemes, holiday entitlement, grievance, dismissal and disciplinary procedure and so on.