Use the conversation from Task 36 to complete a lawyer’s recommendation for sentencing.

 

Recommendation for Sentencing   I recommend that the defendant ____________ ______________________________________ ______________________________________ I feel this way because he _________________ ______________________________________ ______________________________________ I don't want the defendant to receive a sentence of ____________________________________ ______________________________________ That sentence would _____________________ ______________________________________ ______________________________________

 

38.With a partner, act out the roles below.

Use language such as:

Let's talk about the sentencing.

My client doesn't deserve to go to jail.

I just don't want him to...

 

Student A:You are a prosecutor. A defense lawyer is talking to you about a client. Talk to Student B about: - sentencing - other convictions • - why you are seeking that punishment

Student B:You are a defense attorney. Talk to Student A about your client's sentencing

 

39. a)Classify the following terms into the appropriate column below. Two terms can appear in both columns.

compensation // contract // crime // damages // family law// intellectual property // plaintiff // police // private individual// prosecution // the accused // the defendant // theft // to bring a case // to bring an action // to fine // to charge smone with smth an action to fine

 

 

Criminal	Civil

 

b) Now complete the following text contrasting criminal and civil law by choosing from the words/phrases above.

 

Criminal Law vs Civil Law

One category is the criminal law - the law dealing with __________. A case is called a ___________. The case is instituted by the prosecutor, who takes over the case from the ____________ who have already decided _________ the defendant (or _______) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of ____________and ______________ __________. In a civil case, the _____________ normally a______________ or company, ________ ___________ __________ to win ____________. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ______________ (money).

 

40. A number of agencies, organizations and individuals are involved in the administration of the criminal taw. The most important are:

• the police • the magistrate • the prosecutor

• the suspect • the defence counsel • the judge

• the jury

Draw lines to combine the two halves of the sentences to describe the functions of each.

Who	What
1. The police interrogate	a) arrests, searches, and seizures.
2. The police carry out	b) on the sentence to be imposed.
3. The magistrate sometimes conducts	c) over the court.
4. The prosecutor conducts	d) suspects and witnesses.
5. The suspect has the right	e) the case in court on behalf of the police.
6. The suspect is innocent	f) the investigation in cases of serious criminal offence.
7. The defence counsel assists	g) the suspect from violations of his rights at the hands of law-enforcement personnel.
8. The defence counsel protects	h) the suspect in gathering exonerating evidence.
9. The judge presides	i) to remain silent.
10. The judge decides	j) until proved guilty.
11. The jury decides	k) whether the accused is guilty or not.

 

41. Read the text and answer the questions.

1. Why is common law called “English"?

2. Why are so many countries influenced by common law?

Common Law

Common Law (Anglo-Saxon legal family) is a type of legal system, often synonymous to “English common law", which is the system of England and Wales in the UK. It is also in force in approximately 80 countries which were influenced by the former British Empire. The English common law reflects Biblical influences as well as systems imposed by early conquerors including the Romans, Anglo-Saxons, and Normans.

Some legal scholars attribute the formation of the English common law system to King Henry II (r. 1154 - 1189). Until the time of his reign, laws customary were administered locally. Henry II having established the King's court, designated that laws were "common" to the entire England.

The foundation of English common law is"legal precedent" — referred to as start decisis (Lat) meaning “to stand by things decided". In the English common law system, court judges are bound in their decisions in large part by the rules and other doctrines developed by the judges of earlier English courts. These rules were supplemented or amended over time.

FindEnglishequivalentstothefollowingRussianword combinations.

1) дополнить или исправить

2) основа общего права

3) доктрины, созданные судьями

4) быть ограниченным в своих решениях

5) ученые-юристы

6) являться синонимом

7) приписывать создание кому-либо

8) бывшая Британская империя