Governments create laws. They are also very involved in enforcing the law. In the US, They have three levels of government - federal, state, and local. All three levels create laws and all three levels enforce laws. Each level of government usually uses police, public prosecutors, and courts to enforce the law.
Table
Examples of common names used for police, public prosecutors, and courts of the three levels of government in the US.
| Level of Government | Police | Prosecutors (прокуроры) | Courts |
| Federal Level | FBI- Agent (агент ФБР) Customs Inspector (таможенник) Internal Revenue Agent (агент налоговой службы) | U.S. Attorney General (министр юстиции США) | U.S. Supreme Court (Верховный суд США) Court of Appeals (апелляционный суд) District Court (окружной суд) Tax Court (налоговый суд) Bankruptcy Court (отдел по делам о банкротстве) |
| State Level | Highway Patrol (дорожный патруль) State Trooper (патрульный) | Attorney General (министр юстиции штата) State | Supreme Court (Верховный суд) Court of Appeals (апелляционный суд) Superior Court (главный суд первой инстанции) |
| Local Level (City and County) | Police Officer or Detective Sheriff | District Attorney (прокурор округа) City Attorney (прокурор города) Public Prosecutor (прокурор | City Court (муниципальный суд) Traffic Court (дорожный суд) Divorce Court (суд по разводам) Juvenile Court (суд по делам несовершеннолетних) Justice Court (суд справедливости) |
In general, each level of government is most concerned with its own laws. Thus, agents of the Federal Bureau of Investigation (FBI) investigate only violations of federal laws.
Procedural law deals with methods of enforcing legal rights and duties. Laws, which specify how and when police can make arrests and what procedures can be used in a trial are procedural laws. In contrast, substantive law defines rights and duties; it is concerned with all rules of conduct except those involved in enforcement.
There are two types of procedural law - civil procedure and criminal procedure. Criminal procedure defines the process for enforcing the law when someone is charged with a crime. A crime is an offense against society, as well as a violation of the rights of the victim. Because a crime is an offense against society, representatives of society such as city police, the state highway patrol, or FBI agents investigate the alleged criminal conduct and try to arrest and imprison those who commit criminal acts. Other representatives of society - city prosecutors, state attorneys general, or U.S. attorneys try to convict the alleged offender during a criminal trial. The law of criminal procedure controls each of these activities.
Civil procedure is used when a civil law has been violated. Civil law is concerned only with private offenses. These are offenses against a particular person who has been injured. When a civil law is violated, the injured party uses civil procedure to protect his or her rights, primarily through a civil trial. Since civil matters involve a private offense, police and public prosecutors generally do not involve themselves in the dispute.
One act may be both a crime and a civil offense. That is, one act may violate the criminal laws and at the same time violate the civil laws by causing a private injury.
TASKS
Task 1. According to the suffix, define nouns, adjectives, verbs, adverbs:
government, usually, prosecutor, investigation, codify, traditionally, procedural, possibly, judicial, simplify, generally, procedural, representative, procedure, violation, specify.
Task 2. Read and translate the following word combinations:
to enforce the law, to investigate violations, procedural law, to enforce legal rights and duties, substantive law, to charge with a crime, criminal conduct, to convict an offender, criminal trial, criminal procedure, an injured party, to protect the rights, civil procedure.
Task 3. Read and translate into Russian:
criminal procedure, criminal conduct, criminal laws, a city prosecutor, public prosecutor, state attorney general, investigator, policeman, prosecutor, judge, juror.
Task 4. Match the following:
1. procedural 1. prosecutor
2. to convict 2. of conduct
3. rules 3. law
4. public 4. crimes
5. violation 5. procedure
6. to investigate 6. an offender
7. civil 7. of federal laws
Task 5. Fill in the blanks using the words given in brackets:
1. … law deals with methods of enforcing the law.
2. There are two types of procedural law – civil procedure and … criminal procedure.
3. A crime is an offence against ….
4. Federal, state and local level of government of the USA usually uses police, public prosecutors and courts … laws.
5. Civil law is concerned only with … offences.
6. … law defines rights and duties and is concerned with all rules of conduct except those involved in enforcement.
7. Criminal procedure defines the process for enforcing the law when someone … with a crime.
(private, is charged, substantive, procedural, to enforce, criminal, society)
Task 6. Translate the following sentences, paying attention to the functions of the Infinitive:
1. A simple majority of the jury is enough to reach a verdict.
2. The law presumes the accused not to be guilty until his guilt has been proven.
3. To use custody is a sanction of last resort.
4. The defendant prefers to be discharged at once.
5. The person is unfit to be tried.
6. To inform the defense of witnesses, whose evidence may help the accused and whom the prosecution does not propose to call is a job of the prosecution.
7. To have made the same mistake twice was unforgivable.
8. He discovered how to open the safe.
9. The solicitor encouraged me to try to appeal again.
10. He was the only one to be imposed a sentence of imprisonment.
11. The defendant appears to have waiting a long time.
12. The person is too young to arrest him.
Task 7. Answer the questions:
1. What does procedural law deal with?
2. What is substantive law concerned with?
3. What are the two types of procedural law?
4. What does criminal procedure define?
5. When is civil procedure used?
6. What is civil law concerned with?
TEXT B
WHAT IS A COURT?
A court is a tribunal established to administer justice under the law. It may decide civil disputes or criminal cases. A court may award damages or administer punishment for crimes.
Courts vary in authority (or jurisdiction) from justice of the peace and small claims courts to the supreme courts of various states and the Supreme Court of the United States. State courts have power to decide cases involving state and local laws. Federal courts have power to decide cases involving federal law.
There are two different levels of courts: trial courts and appellate courts. A trial court is the first court to hear a dispute. Witnesses testify and presented information to prove the alleged facts. A trial court consists not only of a judge but also of lawyers, who are officers of the court, and others who are necessary for the court’s operation. The words court and judge are often used to mean the same thing. While presiding over a legal action, the judge may be referred to as “The Court” or “Your Honor.”
An appellate court sometimes reviews decisions of a trial court when a party claims an error of law was made at the trial level. In most cases, the decision may be appealed to the next higher court, including the state supreme court. The decision of the supreme court of a state may be reviewed by the Supreme Court of the United States.
Unlike trial courts, appellate courts do not hear witnesses or accept new evidence. They examine the transcript - the word-for-word written record of what was said at the trial. They also read appellate briefs (written arguments on the issues submitted by the opposing attorneys). Then the appellate courts listen to oral arguments of the attorneys and may question them about the case. Finally, the appellate courts decide whether, as a matter of law, the decision below should be affirmed (upheld), reversed (overturned опровергать), amended (changed), or remanded (sent back to the trial court for corrective action, including possibly a new trial).
Answer the questions:
1. What is a court?
2. What powers have State courts?
3. What powers have Federal courts?
4. What are the two different levels of courts?
5. What does a trial court consist of?
6. What is the role of witnesses at the trial?
7. What is the role of lawyers at the trial?
8. What is an appellate court?
9. Do appellate courts hear witnesses or accept new evidence?
10. What is a transcript and appellate briefs?
11. What is a procedure in appellate courts?
12. What are possible decisions of appellate courts?
TEXT C
Before reading the text learn to pronounce the following words correctly. Consult the dictionary if necessary:
| [o:] law force divorce order | [o] prosecute cost | [i]
| [i:] procedure legal deal | ||
| [æ] value accident magistrate matter damage contractual | [e] defendant evidence necessary benefit | [ei] violation claim rape obligation compensation plaintiff | [a:] command arson argument | ||
| [ ] government public punishment | [ә:] murder versus | [ju:] prosecution pursue dispute |
CRIMINAL AND CIVIL CASES
Courts decide both criminal and civil cases. Civil cases stem from disputed claims to something of value. Disputes arise from accidents, contractual obligations, and divorce, for example.
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 legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.
Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.
Some courts, such as the English Magistrates Courts and the Japanese Family Court, deal with both civil and criminal matters. Others, such as the English Crown Court, deal exclusively with one or the other.
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. A criminal case against a person called Ms. Brown would be described as "The People vs. (versus, or against) Brown" in the United States and "R. (Regina, that is, the Queen) vs. Brown" in England. But a civil action between Ms. Brown and Mr. Smith would be "Brown vs. Smith" if it was started by Brown, and "Smith vs. Brown" if it was started by Mr. Smith.
Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.
Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.