I. Division of Law
1. Read the following introductory text and compare i) private and public law, ii) civil and
criminal law, and iii) substantive and procedural law.
Law in general is divided into two broad and separate branches, traditionally called private and
public. Private law deals with relationships between individuals, such as contracts (in common
law) or the law of obligations (in civil law countries). Public law is concerned with the
relationship between individuals (both natural persons and artificial legal persons) and the state
and includes criminal law, administrative law and constitutional law.
The most prominent areas of these two branches are civil law and criminal law, respectively, as
each of them pursues completely different objects, namely, redress and punishment. Civil law
seeks to redress wrongs by enforcing compensation or restitution. Criminal law, on the
contrary, imposes punishment on the wrongdoer fulfilling the aims of retribution, deterrence
and, possibly, reformation. Both the types of law are also sub-divided into substantive law and
procedural (or adjective) law, the former defining rights and duties of people, the latter laying
down the rules with the help of which the rights and duties are enforced.
Created by the team of authors.
2. Listen to the differences between private and public law and write down definitions of the
branches that the speaker mentions.
Based on Powel, Richard. Law Today, Longman: 1993.
T: listening: Law Today, Unit 3
3. Practising definitions
A) There are more ways to define the same terms. Which branches are defined by the
following (first translate the Czech words into English, the first letters are given):
1. ___________________________ can be defined as the branch of law governing the creation,
variation, enforcement, and annulment of legally binding a______________ (dohody)
between persons
law of contracts: the branch of law governing the creation, variation, enforcement, and
annulment of legally binding agreements between persons
1
2. ___________________________ could be understood as the body of law concerned with
c______________ (odškodnění) the victims of civil wrongs independent of contract
law of torts: the body of law concerned with compensation the victims of civil wrongs
independent of contract
3. ___________________________ could be defined as the body of law relating to marriage,
separation, d______________ (rozvod) and the custody of children
family law: the body of law relating to marriage, separation, divorce and the custody of children
4. ___________________________ is the area of law dealing with arrangements relating to the
validity of w_______________ (závěti) and the administration of estates after the owner's
death.
law of probate: the area of law dealing with arrangements relating to the validity of will and the
administration of estates after the owner's death
B) Complete the definitions by arranging the words at the end into the correct order:
5. administrative law could be defined as the body of law that governs the activities of
………………………………………………………………………
of/agencies/goverment/administrative
administrative law: the body of law that governs the activities of administrative agencies of
government
6. land law is the area of law which deals with rights and interests
………………………………………………………………………
owning/related/and/to/using/assets/immovable
land law: the area of law which deals with rights and interests related to owning and using
immovable assets
7. law of trusts may be defined as the area of law dealing with arrangements whereby property
is held by one party ………………………………………………………………………
benefit/the/of/another/for
law of trusts: the area of law dealing with arrangements whereby property is held by one party
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for the benefit of another
8. criminal law can be defined as the part of law which deals with illegal conduct prohibited
and punished by the government
………………………………………………………………………
threatens/because/and/it/safety/harms/public
criminal law can be defined as the part of law which deals with illegal conduct prohibited and
punished by the government because it threatens and harms public safety
NOTE: The definitions above follow the structure of a formal definition:
Created by the team of authors.
Term to be defined
Verb (to be, to
mean, to be
defined as, …)
Class of
concepts
Special features
substantive law
can be defined as
the set of
rules
which creates, defines
and regulates rights and
duties of parties, such as
crimes and punishments
in criminal law.
common law
could be
understood as
a system of
law
based on custom which is
administered and
developed by the courts
in judicial decisions.
Based on: Chromá, Marta et al. New Introduction to Legal English, Revised Edition. Volume I.
Univerzita Karlova, 2011.
C) Write down formal definitions:
9. constitutional law
……………………………………………………………………
constitutional law could be understood as the body of law which defines the relationship of
different entities within a state
10. procedural law ……………………………………………………………………
procedural law can be defined as the legal rules governing the practice and procedure of the
courts when conducting lawsuits
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T: Revising vocabulary (credit test practice), in IS (odpovědníky):
natural person
fyzická osoba
artificial legal person
právnická osoba
to seek to redress
požadovat náhradu/odškodné
to impose punishmentuložit trest
retribution and deterrence
odplata/trest a odstrašování
procedural and substantive law
procesní a hmotné právo
to lay down the rules
stanovit/vytvořit pravidla
brach of law which deals with
odvětví práva, které pojednává o
illegal conduct
nezákonné jednání
nemovitý majetek
právně závazné
zrušení platnosti dohody
péče o děti
ve prospěch jiného
správa majetku/pozůstalosti
upravovat vztahy
odškodnit oběti
občansko právní delikt
immovable assets
legally binding
annulment of agreement
custody of children, child custody
for the benefit of another
administration of estate
to regulate relations
to compensate victims
civil wrong, tort
Created by the team of authors.
Criminal and civil procedure
4. Pair work: Student A reads Text 1, Student B reads Text 2: fill in the appropriate parts
of the table below and then share the information.
TEXT 1:
Criminal law is the body of rules defining the offences against the community at large. It
regulates how suspects are investigated, charged and tried. The law also provides the
punishments for convicted offenders. This is also termed as penal law.
The ‘wrong’ in criminal law is known as a ‘crime’ or an ‘offence’. These are acts considered to
be harmful to society as a whole. The person who commits the crime is a ‘criminal’ or an
‘offender’. The person who suffers is the victim.
In a criminal law proceeding, it is the state which tries to bring justice to the victim. The state is
represented by a prosecutor; the charged person is known as the defendant.
Because of the potential loss of liberty and personal rights involved, the standard of evidence in
criminal cases is higher than in civil cases. The job of the prosecutor is to prove that the
defendant committed the crime. There is a presumption that the defendant is innocent until
proven guilty. The prosecutor has to demonstrate a very high level (burden) of proof against the
defendant i.e. that the defendant is “guilty beyond reasonable doubt”. This means there must be
a very, very high level of certainty demonstrated to the jury and court. If the court is satisfied that
there is no reasonable doubt, the defendant is found guilty and convicted of the crime. If there is
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reasonable doubt, the defendant is found ‘not guilty’ of the crime and acquitted.
If the defendant is found guilty, they are sentenced. This means ‘given a punishment’. If the
crime is serious, they can be sent to jail or ‘imprisoned’.
Examples of crimes can include murder, theft, armed robbery and arson.
The case citation in a criminal proceeding is written as follows: R v. Novak (UK) ‘R’ stands for
Rex/Regina (king/queen) or The people v. Novak (USA)
TEXT 2:
Civil law is a body of law that determines private rights and liabilities, as distinguished from
criminal law. Civil cases usually concern private disputes between persons or organizations,
such as disputes involving accidents or contracts. Civil procedure seeks to compensate people
for monetary losses or settle disputes. The goal is to return the person who suffered the loss to
the same position before the loss happened or to resolve a disagreement. Where loss occurred
to one party because of the negligent (careless) acts of another party, this is referred to as a
‘tort’ (civil wrong).
In civil procedure, the legal dispute is between individuals and does not involve the state.
Therefore, the individual must commence the legal proceeding. The person who takes the legal
action is known as the claimant or plaintiff. The other party is known as the defendant. The
defendant is the person or entity that is being sued. The case citation (reference) in a civil
procedure case is written as follows: Svoboda v. Novak. The citation is correctly read: Svoboda
and Novak. In the USA, it is read as Svoboda versus Novak.
In the court, the claimant can represent themselves or hire a lawyer. The claimant must prove
that the defendant committed the civil wrong ‘on the balance of probabilities’. This roughly
means ‘more than 50% likely’. If the court is satisfied that the claimant has proved their case on
the balance of probabilities then the defendant is found ‘liable’. If not, then the defendant is
found ‘not liable’.
If the defendant is found liable, the court may award damages (financial compensation) to the
claimant. Other remedies may include specific performance or an injunction.
Examples of civil procedure cases may involve: injury or financial loss caused by negligence
and breach of contract.
NOTE: claimant… expression used in England, plaintiff...expression used in the USA and
formerly in England
Created by the team of authors (Martin Udall)
criminal procedure
civil procedure
parties
prosecutor X defendant
(state X individual)
claimant/plaintiff X defendant
(individuals or organisations)
the wrong is
called
a crime, an offence
a tort, a civil wrong
aim
to bring justice to the victim
to punish
to compensate people for losses or
to settle disputes
standard of
proof
beyond reasonable doubt
high burden of proof
on the balance of probabilities
5
defendant is
(found)
found guilty, found not guilty
found liable, found not liable
possible
outcomes
1) conviction: imprisonment
2) acquittal
compensation, remedy, damages,
specific performance, injunction
examples
murder, theft, armed robbery,
arson
negligence, tort
breach of contract
citation of
cases
R v. Novak (UK)
The people v. Novak (USA)
Svoboda v. Novak
useful verbs
to investigate, to charge with (an
to sue, to take a legal action, to try (a
offence/a crime), to try (a criminal
civil case), to award (damages), to
case),
resolve a dispute
to convict somebody of (a crime),
to punish, to acquit, to sentence, to
imprison
Created by the team of authors.
5. Language practice:
more exercises in Osnova - odpovědníky
5.1. Match the right halves of the sentences:
(i) They were compensated …
(ii) The defendant was convicted …
(iii) He was charged …
(iv) The defendant is innocent …
(v) Her injury was caused …
(vi) The claimant was awarded …
(vii) Torts are distiquished …
(viii) The prosecutor must prove the case ...
(a) … damages.
(b) … beyond reasonable doubt.
(c) … from crimes.
(d) … for a loss.
(e) … until proven guilty.
(f) … of the robbery.
(g) … with the murder.
(h) … by negligence.
key:
(i) They were compensated …(d)
(ii) The defendant was convicted … (f)
(iii) He was charged …(g)
(iv) The defendant is innocent …(e)
(v) Her injury was caused …(h)
(vi) The claimant was awarded … (a)
(vii) Torts are distiquished … (c)
(viii) The prosecutor must prove the case ..(b)
… for a loss.
… of the robbery.
… with the murder.
… until proven guilty.
… by negligence.
… damages.
… from crimes.
… beyond reasonable doubt.
Created by the team of authors.
5.2 Word formation. Complete the table with the correct noun or verb and then complete
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the sentences with suitable words from the table.
verb
noun
to compensate
to acquit
to sue
to prove
to try (a case)
compensation
presumption
loss
prosecution
breach
key:
verb
noun
to compensate
to acquit
to sue
to prove
to try (a case)
to presume
to lose
to prosecute
to breach/break
compensation
acquittal
law-suit
proof
trial
presumption
loss
prosecution
breach
Created by the team of authors.
a) The __________________ of innocence means that the defendant doesn’t have to prove
they are innocent.
The presumption of innocence means that the defendant doesn’t have to prove they are
innocent.
b) To win a __________________ the claimant must prove the legal liability of the defendant.
To win a lawsuit/trial the claimant must prove the legal liability of the defendant.
c) U.S. federal courts __________________ cases involving federal laws.
U.S. federal courts try cases involving federal laws.
d) When one party __________________ the contract, the other party can sue for damages.
When one party breaches/breaks the contract, the other party can sue for damages.
7
Created by the team of authors.
5.3 Translate into English/Czech:
žalobce a žalovaný claimant/plaintiff and defendant
spáchat trestný čin to commit a crime/an offence
utrpět újmu
to suffer a loss/an injury/harm/damage
žalovat pro odškodnění
to sue for damages
být obžalován z krádeže
to be charged with theft
vyšetřovat podezřelého
to investigate a suspect
odsouzený pachatel
convicted criminal
the defendant was found guilty
obžalovaný byl shledán vinen
monetary loss
peněžitá újma
to hire a lawyer
najmout si právníka
the defendant paid damages
žalovaný zaplatil odškodné
loss of liberty
ztráta svobody
rights and liabilities práva a povinnosti
to commence legal proceedings
zahájit soudní řízení
Created by the team of authors.
Next lesson: Revision exercise (preparation for ex. 5): class activity - reconstructing the
civil/criminal procedure table - each student gets 1 or 2 pieces of paper with information
(e.g. “acquittal”), goes to the board, sticks the piece to the appropriate place and
explains to the whole class
6. Revision: Explaining the difference between civil and criminal procedure to the public.
Student A - You are a journalist interviewing a lawyer on the differences between civil and
criminal procedure. Prepare questions. Student B - You are a lawyer answering the questions.
Your audience is general public.
Bářina aktivita - ppt “Civil-Criminal Revision Bára interviewing a lawyer.ppt”
roleplay - interviewing a legal expert: explaining to the general public the difference
between civil and criminal procedure:
Student 1: You are a journalist and you will introduce a prominent lawyer (give his/her
name, law firm and where s/he is from) and ask him about a particular point of difference.
Student 2 and 3: You are an important lawyer and will answer the journalist’s question.
Your audience is the general public.
Class activity:
● Each reporter will introduce his lawyer and ask him/her a question
● Each lawyer has 30 seconds to answer.
● The questions should not be repeated.
Compare with the real lawyers (short youtube explanations civil X criminal):
8
http://www.youtube.com/watch?v=IydYoIMnjmQ
http://www.youtube.com/watch?v=arK-yQeoRWA
http://www.youtube.com/watch?v=GVrfs8BK-gY
http://www.youtube.com/watch?v=SjUCFaMx5N8
II. System of courts in England and in the Czech Republic
1. Study the chart outlining the system of courts in England (and Wales) and fill in the gaps in
the text below with the appropriate names of courts:
T: Study the chart with the class first (vocab, e.g. APPEAL), and then the students fill in the
gaps
chart from: http://www.supremecourt.gov.uk ?
There are a wide variety of different types of courts and tribunals in England, some of which are
highly specialised and deal only with certain types of matters, nevertheless, all of the courts fall,
more or less, into a fairly well-defined hierarchy.
Minor criminal offences are tried at the Magistrates Courts which also handle certain domestic
matters and youth court matters. Most civil litigation, such as contract and tort matters, cases
involving debt collection or a "slip and fall" accident, takes place in the (1)
_________________.
9
The (2) _________________ handles trials of serious criminal offences where the defendant
normally has a right to a trial by jury. It also hears certain appeals from the Magistrates' Courts,
and can also be involved in sentencing a person convicted of a crime in the Magistrates' Courts.
The (3) _________________ is both an appellate court (for certain decisions from lower courts
and tribunals) and a court of first instance for cases of particular significance or value.
It has three divisions: The (4) _________________ hears cases involving contract and tort law
matters, the Chancery Division handles cases involving trust law, probate matters, tax and
bankruptcy, and the (5) _________________ handles matrimonial and other family law cases.
For most cases in England, the (6) _________________ will be the final court of appeal. It is
split into the Criminal Division and the (7) _________________, with its jurisdiction divided
accordingly.
The (8) _________________ hears and decides appeals from lower courts on matters that are
of general public importance. For example, if there is an unresolved question about how a
particular statute is to be interpreted, it might hear an appeal that raises that point in order to try
to settle the uncertainty surrounding it. The _________________ hears appeals of all type of
civil cases and all criminal cases
The tribunal system is extensive and handles an extremely wide variety of legal issues.
Recently, the tribunals have been re-organised and include e.g. the Mental Health Review
Tribunals, the Immigration Services Tribunals and the Employment Tribunals.
Minor criminal offences are tried at the Magistrates Courts which also handle certain domestic
matters and youth court matters. Most civil litigation, such as contract and tort matters, cases
involving debt collection or a "slip and fall" accident, takes place in the County Courts.
The Crown Court handles trials of serious criminal offences where the defendant normally has
a right to a trial by jury. It also hears certain appeals from the Magistrates' Courts, and can also
be involved in sentencing a person convicted of a crime in the Magistrates' Courts.
The High Court is both an appellate court (for certain decisions from lower courts and tribunals)
and a court of first instance for cases of particular significance or value.
It has three divisions: The Queen's Bench Division hears cases involving contract and tort law
matters, the Chancery Division handles cases involving trust law, probate matters, tax and
bankruptcy, and the Family Division handles matrimonial and other family law cases.
For most cases in England, the Court of Appeal will be the final court of appeal. It is split into
the Criminal Division and the Civil Division, with its jurisdiction divided accordingly.
The Supreme Court hears and decides appeals from lower courts on matters that are of
general public importance. For example, if there is an unresolved question about how a
10
particular statute is to be interpreted, it might hear an appeal that raises that point in order to try
to settle the uncertainty surrounding it. The Supreme Court hears appeals of all type of civil
cases and all criminal cases.
adapted from:
http://www.findlaw.co.uk/law/dispute_resolution/courts_system/court_and_tribunals/500115.html
2. Read the text about the system of courts in the Czech Republic and fill in the chart
below with the names of courts as described in the text.
The court system is composed of the Supreme Court, Supreme Administrative Court, 2 high
courts, 8 regional courts and 86 district courts. The Supreme Court and the Supreme
Administrative Court have their respective seats in Brno, high courts in Prague and Olomouc,
respectively. The civil and criminal proceedings are governed by the „two instance“ principle.
This means that if a case is decided by a first instance court, usually a district court, the appeal
against such first instance judgement is heard and decided by a second instance court whose
decision cannot be challenged by any ordinary means of remedy. The law stipulates specific
cases when a regional court acts as a first instance court and in this event a high court acts as
second instance (e.g. serious crime cases or most of commercial cases). The Supreme Court
hears, in particular, extraordinary means of remedy and is responsible for uniformity of judicial
practice. The Supreme Administrative Court is the supreme judicial body competent for cases
heard by administrative judges and is responsible for uniformity and legality of judicial practice
in administrative judiciary. A special place is occupied by the Constitutional Court of the Czech
Republic, which is an independent body responsible to protect constitutionality outside the
general court structure.
Simplified from: http://portal.justice.cz/Justice2/ms/ms.aspx?o=23&j=221&k=2566&d=16585
11
4th level of
jurisdiction
………………………
..
civil
commerci
criminal
divison
divison
Supreme Administrative
Court
al divison
3rd level of
jurisdiction
………………………
.. cases
2nd instance
other
(criminal&civil
proceedings
2nd level of
jurisdiction
Regional Courts
…………...
proceedings
…………...
proceedings
1st level of
jurisdiction
……………………….
.
1st instance
proceedings
Simplified from: http://portal.justice.cz/Justice2/ms/ms.aspx?o=23&j=221&k=2566&d=16585
3. Writing
3.1 When writing or speaking we connect our ideas and sentences with various linking
words, some examples are given below. Place them to suitable place in the table
according to their function.
like
unlike
first, second etc.
however
also
besides
in the same manner (way)
yet
next
moreover
on the other hand
last of all
similarly
on the contrary
in addition
to begin with
12
Can add more examples to each column?
addition of ideas
order or sequence
comparison
contrast
addition of ideas
order or sequence
comparison
contrast
also
besides
moreover
in addition
first, second, etc
further
next
last of all
to begin with
like
in the same manner
(way)
similarly
unlike
however
on the other hand
on the contrary
yet
and
furthermore
too
moreover
finally
hence
then
after
before
as soon as
in the end
as.. so
of equal importance
equally important
but
in contrast conversely
nevertheless
nonetheless
and yet,
in spite of this
while
although, though
Created by the team of
authors.
3.2 The following sentences compare the system of English and Czech courts. Fill in the gaps
with the following linking words:
then
unlike
finally
first
nevertheless
in a similar way to
a) I would like to compare the system of Czech and English court. {First} I will start with
13
similarities, {then} I will continue with the main differences, and {finally} I want to point
out a few additional features.
b) The Czech courts are structured hierarchically, {in a similar way to} the English courts.
Supreme Courts are the highest in both countries, {nevertheless} there are two of them
in the Czech Republic.
c) Some English courts specialize only in civil or criminal cases {unlike} the Czech courts
which all deal with both civil and criminal matters.
Could you substitute the linking words from the gaps with their synonyms?
key: e.g.
a) I would like to compare the system of Czech and English court. {At the beginning} I will
start with similarities, {next} I will continue with the main differences, and {eventually} I
want to point out a few additional features.
b) The Czech courts are structured hierarchically, {like} the English courts. Supreme Courts
are the highest in both countries, {however} there are two of them in the Czech
Republic.
c) Some English courts specialize only in civil or criminal cases {as opposed to} the Czech
courts which all deal with both civil and criminal matters.
d)
Created by the team of authors.
3.3 COMPULSORY WRITING ASSIGNMENT: Write down a short text (200 – 250 words)
comparing and contrasting civil and criminal procedure in England. Structure the text into
paragraphs – one paragraph for developing one idea, and connect ideas with suitable linking
words from the previous exercise. If you use any sources, don’t forget to cite them.
4. Language practice
Choose the possible class of concepts to be used in the following definitions (sometimes only
one class is possible, sometimes more):
an order of the court
a civil wrong
a wrongful act
a party
illegal behaviour
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unlawful conduct
a property arrangement
a sum of money
a) A tort might be explained as .........................................which causes harm, damage,
injury to an individual's person, property or reputation.
b) A trust may be defined as ...................................which aims at transferring the property to
one or more trustees who become the legal owner(s) who hold and administer the property for
the benefit or advantage of another person or a group of persons or for a specific purpose.
c) Crime may be explained as ...................................which is prosecuted and punished by the
State.
d) A plaintiff could be explained as ..............................who takes a legal action against
somebody in a civil case.
e) A defendant could mean ....................................who is either sued for damages or
compensation because of causing harm to somebody else or charged with committing an
offence.
f) Damages may be referred to as ................................which the court orders the defendant to
pay to the plaintiff as compensation for a breach of contract or tort.
g) An injunction might be explained as ........................................which is awarded against
the defendant not to do something or to do something.
h) A prosecutor could be defined as ....................................who brings a criminal charge
against the defendant.
key:
a) A tort might be explained as a wrongful act/unlawful conduct which causes harm, damage,
injury to an individual's person, property or reputation.
b) A trust may be defined as a property arrangement which aims at transferring the property to
one or more trustees who become the legal owner(s) who hold and administer the property for
the benefit or advantage of another person or a group of persons or for a specific purpose.
c) Crime may be explained as illegal behaviour/unlawful conduct/a wrongful act which is
prosecuted and punished by the State.
d) A plaintiff could be explained as a party who takes a legal action against
somebody in a civil case.
15
e) A defendant could mean a party who is either sued for damages or compensation because
of causing harm to somebody else or charged with committing an
offence.
f) Damages may be referred to as a sum of money which the court orders the defendant to
pay to the plaintiff as compensation for a breach of contract or tort.
g) An injunction might be explained as an order of the court which is awarded against
the defendant not to do something which would be in breach of contract.
h) A prosecutor could be defined as a party who brings a criminal charge against the defendant.
Created by the team of authors.
Tricky words from this lesson:
defendant - be careful about the translation into Czech, it depends on the context (civil X
criminal)
words you know from everyday English which have special meaning in legal context: party,
action, to try
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