PRACTICE 4 - The Criminal procedure

1. Translate the following words and word combinations or find Russian equivalents:

arraignment; depositions of witnesses; to take into custody; affidavit; prosecutor; plea bargaining; information; pleadings; the existence of probable cause; to introduce evidence at hearing; mandatory sentence; to be placed on parole; confrontation of the offender; jury trial; subpoena.

2. Translate the following sentences into Russian:

1.In both criminal and civil proceedings, a document (pleading) must be filed with the court to start a proceeding. In criminal law it is called an information.

2.The papers are filed for the state by a prosecutor. To an information is attached an affidavit to show probable cause, under oath.

3. At time of arrest, a defendant will be advised of: (a) the charge; (b) right to an attorney; (c) right to appointed attorney at state expense if he can't afford an attorney; (d) that he does not have to say anything without attorney present; e) that anything said can be used against him in court; and (f) right to bail, amount to bail, and way to post it.

4.The judge issues a bench warrant to the sheriff for arrest of defendant.

5. At the first court hearing the court advises the defendant of his right to [jury trial and if defendant says he wants to waive any right, court will examine him to see if he understands rights and effect of a waiver.

3. Find English equivalents for the following Russian expressions and words:

средство удержания устрашением от совершения преступных дейст­вий; тяжкое преступление; преступное намерение, перенесенное на дру­гую цель; лишение человека жизни; избиение; общественное правонару­шение; мошеннический обман; средство судебной защиты; истец; ответ­чик.

PRACTICE 5 - TORTS: The Issue of Private Wrongs

1. Translate the following words and word combinations or find Russian equivalents:

confinement; culpability; recklessness; personal tort; negligence; intentional tort; mayhem; preponderance of evidence; proximate cause; misfeasance.

2.Translate the following sentences into Russian:

1. Trespass or tort is unlawful interference with the person, property, or rights of another.

2.Battery is intentional touching of another person in a rude, insolent or angry manner. "Person" includes things attached to him at the time and the touching can be by an agency set in motion.

3. Trespass requires proof of a specific intent to do the act which has caused the harm, that is, that the act of a defendant is volitional.

4.Burglary is "breaking and entering".

5.Negligence means to do an act, which a reasonably prudent person would, in some or similar circumstances, not do, or to refrain from doing an act which a reasonably prudent person would do.

6. Reckless means doing an act with heedless disregard for the safety of others where the actor knows, or has every reason to know, that a very high risk of harm is being created.

7. Intentional means the act was done knowingly and volitionally, the result of the act may not have been intended or even foreseeable.

8. The intent is the most important question in Criminal Law, with negligence the least; in Tort Law, negligence is most important, with intent the least.

9. Tort Law became the way to address a private wrong while Criminal Law addressed public wrongs. But the same act could be a crime and a tort. Today, a person might be sued at both Criminal Law and Tort Law for the exact same set of acts.

10. Tort is considered to have several purposes: (a) compensate people for wrongs suffered; (b) place the cost of compensation upon those who, injustice, ought to bear it; (c) prevent future loss and harm (general and specific deterrence); (d) vindicate the person wronged; (e) to deter victims from making an individual retaliation for wrongs done.

3.Find English equivalents for the following Russian expressions:

заявление об обвинении; письменное показание с целью выдачи ордера на арест; приказ суда, судебный ордер; взять под стражу; выдавать на поруки, освобождать из-под стражи под залог; предъявление обвинения; отказываться от права; обязательное, по закону, наказание; условное освобождение; очная ставка; прокурор; вызов в суд по повестке; обвинительный акт; суд присяжных; давать показания.

Дата добавления: 2014-10-17