The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else’s goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes as individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortious act. For example, simply entering land without the owners’s permission is not a crime in English law. It is, however, the tort of trespass. The police cannot take any action unless the trespasser commits certain crimes such as displacing the legal occupier and refusing to leave, threatening violence, or damaging property. In order to prevent trespass or to get compensation for any inconvenience caused, the occupier will therefore have to start a civil action in tort.
There are other differences between torts and crimes. As for all civil actions, the standard of proof required is lower than in criminal prosecutions. And for many torts it is not necessary to show any particular mental element, so tort actions are often appropriate in the case of accidents.
The following table compares these two divisions of law.
| Crime | Tort |
| 1A public wrong against society 2"Plaintiff" (prosecutor) is the state (offended person is usually a witness) 3Mostly statutory law 4Prosecutor's burden of proof: guilty beyond a reasonable doubt 5Consent rarely a defense 6No damages are necessary 7Basis for criminal guilt: an intentional act, and sometimes gross negligence or recklessness | 1 A private wrong against individuals or businesses 2 Plaintiff is an individual or a business 3 Mostly common law 4 Plaintiff's burden of proof: preponderance of the evidence 5 Consent usually a defense 6 Damages must be shown. 7 Basis for tort liability: an intentional act, negligence, or strict liability |
Vocabulary
award v выносить решение; a damages award решение о возмещении убытков / ущерба
battery n побои; оскорбление действием; assault and battery оскорбление действием
breach v нарушать; breach of duty невыполнение / нарушение обязательств
consent n согласие
due care n необходимые меры предосторожности
duty n обязанность
exercise v выполнять
expressly adv явно, определенно (выраженный)
foresee v предвидеть; foreseeable должен быть предсказуем
gain no benefit не получить удовлетворения
implicitly adv косвенно; подразумеваемым образом
inconvenience n неудобство; беспокойство
intentional act n умышленное / преднамеренное действие
invasion n посягательство
liability n ответственность; обязательство; долг; strict liability не подлежащий обсуждению долг
occupier n владелец
passersby n прохожие; passerby n прохожий
prosecutor n обвинитель
proximate adj непосредственный, прямой
rarely adv редко, изредка
reasonable doubt n разумное, обоснованное сомнение
reasonable person n разумный человек
recklessness n небрежность; неосторожность
remedy n средство; judicial remedy n право судебной защиты
seek (sought, sought) v добиваться
statutory law n статутное право; право, основанное / предусмотренное законом
tort n деликт, правонарушение; tortious adj деликтный; tort of conversion присвоение имущества
trespass n посягательство; нарушение чужого правовладения
Reading tasks
Answer these questions.
1 What are torts?
2 What are the reasons for tort?
3 What is the law of torts?
4 What torts are mentioned in the text?
5 Name two torts that are also crimes.
6 In what case will the defendant be ordered to pay compensatory damages and punitive damages?
7 What is commonly believed an amount of punitive damages ("special damages")?
8 What is the essential purpose of the law of torts?
9 What is the main difference between torts and crimes?
10 Why is it often difficult to distinguish between torts and crimes?
11 What are two chief categories of torts?
12 What are intentional torts?
13 Name four examples of intentional torts.
14 What are two categories of intentional torts?
15 What is negligence?
16 Name the basic elements needed to prove negligence.
17 Distinguish between crime and tort.
Vocabulary tasks
A Match the following English words and phrases with their Russian equivalents.
| wrongful conversion | a | обман | |
| false imprisonment | b | вторжение в частную жизнь | |
| negligence | c | преследовать в судебном порядке | |
| punitive damages | d | незаконное лишение свободы | |
| invasion of privacy | e | присвоение имущества | |
| fraud | f | начинать процесс о возмещении убытков | |
| be prosecuted by the state | g | небрежность | |
| pay restitution | h | штрафные убытки | |
| enter damages | i | выплатить возмещение |
B Match the legal terms with their definitions.
| 1distress 2negligence 3privacy 4defamation 5fraud 6conversion 7statute 8fine 9plaintiff 10battery 11defendant 12punitive damages | aharm done to a person’s reputation bwillful deception and dishonesty ctake another person’s money property, etc. and use it as if it were one’s own dpersonal; not for the public ecarelessness fgreat pain or sorrow gpunishment for outrageous conduct hthe person against whom the accusation is brought in a trial ihitting hard jone who charges another in a court of law ka sum of money paid as a punishment for breaking a law lalaw |
C Form the verbs from these nouns and give Russian equivalents.
| Noun | Verb | Noun | Verb |
| assault defendant damage award cause compensation conversion fine imprisonment injury | invasion infliction offender product punishment prosecution proceeding remedy trespass violation |
D Match the two parts (1 – 7 and a – g) to form collocations.
1 intentional a duty
2 to cause b with
3 to act c liability
4 torts against d negligently
5 to interfere e tort
6 legal f harm
7 product g property
E Choose the correct definition for each legal term.
| 1tort | aa German or Austrian cake ba debt owed to the sovereign ca civil wrong or private injury against a person or his/her property dan involuntary action which amounts to a criminal offense because of an actual or potential injury |
| 2assault | aa mineral from the dead sea ba military invasion cthe civil wrong of inflicting actual bodily injury on another dthe act of intentionally placing another person in fear of bodily injury |
| 3punitive damages | adamages to compensate for injury bdamages in a civil suit that are meant to punish the wrongdoer for causing injury c“nominal” or minimal damages dnon-monetary damages, such as an injunction (injunctive relief) or “specific performance” of a contract obligation |
| 4intentional infliction | aa cause of action that allows after a person is insulted bthe grief a child will bring upon his parents ca cause of action for recovery when a defendant’s behaviour toward a plaintiff is so outrageous and extreme that it causes serious emotional distress dstriking another person intentionally |
| 5false imprisonment | aplacing a convicted defendant in a a maximum security prison bdescription of when the judge and jury disagree about a sentence ca criminal imprisonment for civil wrong dunlawful confinement of a person against that person’s will |
| 6negligence | aforgetfulness bwillful misconduct cnecessity defense dbreach of a duty that proximatelyly caused an injury |
| 7trespass | athe act of entering another’s land without permission ba motion before trial in a tort action cwhen a lawyer invades the personal life of a client dan interference with one’s enjoyment of life |
| 8intent | awhere desert nomads live bthe name given to the action that a person performs while committing a tort cthe desire to cause a certain result or to act with substantial knowledge that an injury will result dthe singular form of the word ‘intense’ |
| 9reasonably prudent person | aarisk taker ban investor in the stock market ca fictional man or woman whose anticipated reactions to certain events will provide the standard for determining a defendant’s liability in a tort action dthe actual conduct of a particular defendant in a civil or criminal action |
F Complete the sentences with the words from the box.
| harm deterrence tort law civil wrongs torts award of damages criminal offences crime |
Tort law is the body of law that deals with 1) _________, except those that arise from contract problems. The purpose of 2) _________ is to compensate an injured party through the 3) _______for the injuries incurred during a tortious act. Policy considerations, such as maintenance of a peaceful society, 4) _______, social responsibility, and the balancing of economic interests against societal benefits, play vital roles in 5) _________ because it attempts to find a balance between the 6) _______ caused to individuals and the benefit to society. Of course, societal wrongs are also dealt with in criminal law. The difference is that a tort is a wrong against an individual, whereas a 7) _______ is a wrong against society as a whole. However, some acts or omissions may be both 8) _______ and tortious ones. A simplified equation to explain the elements of a tort action is
act/omission + personal/property/interest + intent/negligence/inadvertence/ mistake = tort
Over to you
1 “Instead of suing the city authorities, people who fall into holes in the street should accept responsibility for their own carelessness”.
Write a paragraph containing two arguments for and two against this statement.
Then discuss your answer with other students.
2 Give two reasons torts are often easier to prove than crimes.
Unit 24 Punishment
Before you read
Discuss these questions.
1 In your opinion, what does ‘punishment’ mean?
2 What kinds of punishment do you know?
3 Do you agree that punishment should fit the crime?
Text A
Punishment describes the imposition by some authority of a deprivation – usually painful – on a person who has violated a law, a rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of sentence by a designated official, usually a judge. Informally, and organized group – most typically the family, may punish perceived wrongdoers.
Because punishment is both painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation.
Most penal historians note a gradual trend over the last centuries toward more lenient sentences in Western countries. Capital and corporal punishment, widespread in the early 19th century, are seldom invoked by contemporary society. Indeed, in the United States corporal punishment as such appears to be contrary to the 8th Amendment’s restrictions on cruel and unusual punishment. Yet the rate of imprisonment in the United States appears to be growing. Furthermore, since the middle of the 20th century, popular and professional sentiment has taken a distinctly punitive turn and now tends to see retribution and incapacitation – rather than rehabilitation – as the goals of criminal punishment.
Any criminal punishment is always a restriction of the rights of convicted persons. This restriction is a sort of retribution for the crime a person committed. If a person is convicted, the court decides on the most appropriate sentence. The facts of the offence, the circumstances of the offender, his/her previous convictions are taken into account. The more serious an offence is, the stricter a penalty should be.
Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason. There are quite a lot of countries where death penalty is prohibited.
Punishment is an ancient practice whose presence in modern cultures may appear to be out of place because it purposefully inflicts pain. In the minds of most people, however, it continues to find justification.
Vocabulary
accusation and proof v обвинение и доказательство
atrocious murder n зверское / жестокое убийство
community supervision n надзор государства; общественный надзор
convicted person n осужденный
deprivation n лишение
designated official n назначенное лицо
deterrence n 1 удерживание от совершения действий устрашением; 2
средство удерживания (устрашением) от совершения действий; crime
deterrence n удерживание устрашением от совершения преступления
fine n штраф; v налагать штраф
guilt producing представляющий вину
imposition n установление; назначение; imposition of sentence n
вынесение приговора; назначение наказания
imprisonment n 1 тюремное заключение; 2 лишение свободы
incapacitation n ограничение права и / или дееспособности
incarceration n лишение свободы; заключение в тюрьму
inflict v 1 наносить (вред) 2 назначать (наказание); inflict pain
причинять боль; inflict capital punishment / death penalty
назначить смертную казнь
invoke v применять (норму, статью, прецедент)
justification n 1 оправдание; 2 подтверждение; основание
lenient sentence n syn mild sentence n мягкий приговор; мягкое
наказание
modes of punishment способы / формы / методы наказания
penal adj карательный; уголовный; penal historians историки по
уголовным делам
penalty n 1 наказание; 2 штраф; взыскание; death penalty смертная
казнь; syn capital punishment
perceived adj убежденный, сознательный
punishment n наказание; capital punishment смертная казнь syn death
penalty; corporal punishment телесное наказание
purposefully adv умышленно, преднамеренно
rehabilitation n реабилитация
restitution n восстановление первоначального положения; реституция
retribution n кара
sentiment n отношение; мнение; чувство
take into account принять во внимание
wrongdoer n правонарушитель, преступник
Reading tasks
Answer these questions.
1 What is the purpose of punishment?
2 What are four basic justifications in Western culture?
3 What is a gradual trend toward sentences in Western countries?
4 Do you think mild sentences are a sign of a civilized society?
5 What is criminal punishment?
6 What crimes should be punished by imprisonment?
7 Do you think imprisonment is the right method to help a criminal go straight? Prove your opinion.
8 What qualities can a person get rid of in prison (if any)?
9 If you were in prison, what wouldn’t you be able to get used to?
10 Do scenes of violence in films encourage crime?
11 Does legalized selling of firearms stimulate murder?
12 Does legalized selling of firearms ensure security?
13 Is death penalty a deterrent to murder?
Language focus
| at behind in instead of into like under with |
A Use the prepositions in the box to fill the gaps.
Some stupid thieves
1) _________ the town of Vang, Norway, a group of professional thieves were carrying out a carefully planned robbery. Everything was going 2) _________ clockwork. They broke into a company 3) _________ night, located the safe and set up some explosives that would blow the door of the safe off, allowing them to get to the money inside. After setting the fuse, they ran 4) _________ the next room, crouched 5) _________ the wall and waited for the explosion. It came a few seconds later. The safe door was blown off. So was the roof. In fact, the entire building collapsed, trapping the robbers, still crouching in the next office, 6) _________ the rubble of the destroyed building. There had been just one problem they had not foreseen: 7) _________ money, the safe had been filled 8) _________ dynamite.
B Complete this newspaper report. Write the verbs in the correct form, present simple or present continuous.
It’s summer. A man is out for a quiet walk. He’s walking along a country road and he 1) _________ (mind) his own business when he 2 _________ (be knocked down) and seriously injured by a minivan. The man, a writer of thrillers and horror fiction, 3) _________ (survive) but he 4) _________ (become) obsessed with the vehicle that maimed him. He doesn’t bear a grudge against the driver. Instead, he 5) _________ (buy) the minivan and 6) _________ (hide) it. This sounds like the plot of a Stephen King thriller, but it is in fact the latest chapter in the writer’s real life. King has bought the van and he 7) _________ (intend) to take a sledgehammer to it. At present King 8) _________ (recover) from his injuries at home, where he 9) _________ (suffer from) a broken hip, a fractured leg and a collapsed lung. The story is uncannily like the plot of his novel Thinner (written several years previously), in which the victim’s family 10) _________ (put) a curse on the driver. King, however, 11) _________ (demand) only the withdrawal of the driver’s licence. As for the minivan, we 12) _________ (not know) if King will actually carry out his revenge or if he is simply hatching the plot for a new novel!
Vocabulary tasks
A Match the legal terms with their definitions.
| deterrence | a | a lack of something that you need or want | |
| restitution | b | the punishment given by a court | |
| rehabilitation | c | severe punishment for something seriously wrong that somebody has done | |
| sentence | d | the prevention of criminal behaviour by fear of punishment | |
| retribution | e | a sum of money that must be paid as punishment for breaking a law or rule | |
| deprivation | f | to help somebody to have a normal life in society after being in prison | |
| punishment | g | compensation for some harm or wrong | |
| fine | h | a sanction against a person who has violated the law |
B The word PUNITIVE has the following meanings in Russian.