Before you read the passage, talk about these questions.
1. Why do people decide to take legal action?
2. What do people need to do in order to start a case?
11. Read and listen to the brochure.
Butler & Evans Associates
Are you injured because of someone else's carelessness? Are you involved in a dispute with a neighbor? Butler and Evans is available to help you take legal action.
Everyone is entitled to due process. When you decide to initiate a lawsuit, call us. We are going to make sure you got the damages you're entitled to. Our investigators are able to get all the proof needed for your trial. When a verdict is not in your favor we appeal whenever possible. In the event we fail to settle or win your case, you don't owe us anything. So what do you have to lose? Call 876-0251 today to arrange a meeting.
Mark the following statements as true (T) or false (F).
1. Butler and Evans Associates helps people who have been hurt.
2. The firm's clients are responsible for bringing proof to the attorneys.
3. The firm does not charge clients whose cases are not won or settled.
13. Choose the word that is closest in meaning to the underlined part.
1. Jane received money as compensation for her accident.
A proof B damages C due process
2. The law firm helps people involved in an argument or conflict with their neighbors.
A a dispute B a lawsuit C a trial
3. Ms Harris wants to start the process of legal action.
A appeal B initiate C settle
4. Everyone in the country has the right to receive justice according to established rules.
A due process B appeal C damages
5. Mr. Tan initiated a legal course of action against his neighbor because her dog barks too much.
A appeal B lawsuit C dispute
Fill in the blanks with the correct words and phrases from the word bank.
1. Hopefully, Mr. Wilton will be able to __________ this problem without going to court.
2. Mrs. Janson decided to __________ after the judge ruled against her.
3. In this __________ the defendant is accused of stealing from a bank.
4. Ms Britt wants to take _________ against her employer for not giving her a promotion.
5. Attorneys don't win cases when there is not enough __________ to support their arguments.
15. Listen to a phone call between a client and an attorney at a law firm.
a) Choose the correct answers.
1. What is the conversation mostly about?
A an offer to settle
B evidence in a trial
C the filing of a lawsuit
D an injury from a car accident
2. What will the man mostly likely do?
A Bring in more evidence
B Refuse the attorney's offer.
C Pay for half of the damages
D Drop the lawsuit against the woman.
b) Listen again and complete the conversation.
Lawyer: Hello, Mr. Williams. I received an 1__________ from Ms. Johnson's lawyer. She's ready to end this dispute.
Client: Really? What do we need to do?
Lawyer: Well, she's not dropping the 2 __________ unless you agree to 3________.
Client: What is she asking for?
Lawyer: She wants you to 4 ________ _________ ________ of the damages to her car.
Client: But I didn't wreck her car. Someone else ran into it.
Lawyer: I know. But since you have no 5 ___________, I suggest you settle.
Client: I don't like it. But I guess 6 _________ __________.
Use the conversation from Task 16 to fill out the attorney's notes.
With a partner, act out the roles below.
Use language such as:
She's ready to end this dispute
What is she asking tor?
I suggest you
Read and translate the text. Find out the main differences between Civil Law and Public Law.
CIVIL AND PUBLIC LAW
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 practicing lawyers. Public law relates to the state. It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security.
Private law is concerned with the relationships between legal persons, that is individuals and corporations, and includes family law, contract law and property law. 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 their duties. It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction - an order made by the court.
The main categories of English civil law are:
Contracts: binding agreements between people (or companies):
Torts: wrongs committed by one individual against another individual's
person, property or reputation;
Trusts: arrangements whereby a person administers property for another
person's benefit rather than his own (Land Law);
Probate: arrangements for dealing with property after the owner's death
(Family Law).
The main categories of public law are:
Crimes: wrongs which, even when committed against an individual, can harm the wellbeing of society in general;
Constitutional Law: regulation of how the law itself operates and of the relation between private citizen and government;
International Law: regulation of relations between governments and also between private citizens of one country and those of another.
In codified systems there are codes that correspond to these categories. Roman codes covered contracts, property, inheritance, torts, etc, but said nothing about criminal law. So most criminal codes are quite modern inventions.
Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime and he may sometimes have to pay the costs of the prosecution. But the victim of the crime pursues his claims for compensation in a civil, not a criminal, action.
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also can be sent to prison. In English law the prosecution must prove the guilt of a criminal "beyond reasonable doubt". Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will consider all the evidence and decide what is most probable.
Criminal and civil procedure are different. Criminal actions are always started by the state. Civil actions, on the other hand, are usually started by individuals.
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.
Correct wrong statements.
• Both damages and fines are sums of money.
• Both damages and fines may benefit the victim of the accident.
• Damages are part of the civil law.
• Public law includes Contract Law, Constitutional law and Family law.