Common law
1. Common law is the law that comes from common people, versus
legislation, which comes from the experts.
2. “Golden rule” In a way, it is more of a process which has a single
guiding rule the “Golden rule” a negative rule “Don’t do something
to someone that you don’t want to experience to yourself, either
directly or through the agency the agency of a government.
3. In what cases judges can create “precedent”?
When there is no authoritative statement of the law, judges have
the authority and duty to make law by creating precedent.
4. Define the term precedent?
The body of precedent is called “common law” and it binds future
decisions.
5. What does stare decisis mean?
If a similar dispute has been resolved in the past, the court is bound
to follow the reasoning used in the prior decision.
Admission – acknowledgement of being true
Evidence – proof
Principles – rules
Applied – Put to practical use
Determining – deciding, concluding
Verdict – judgment
Pending – awaiting case
Dispute – argument
Current – present
1. Common law – has written codes and statutes
2. In all common law systems - there are lawyers barristers
3. The jury – goes through the evidence
4. Judges – Bring decisions by themselves
5. Common law court – Works according to written rules.
CIVIL LAW
1. Or Continental European law is the most widespread system of
law in the world. The central source of law that is recognized as
authoritative is codifications in a constitution of statute passed by
legislature to amend a code.
2. Are contents of the code same in every country?
Between continental law system and the common law system does
not lie in whether there exist codes of law in the country in
question, but rather lies in the concept regarding “legislation”.
3. Differences between the common law and civil law?
The common law system and civil law system differ in how law is
created and how it can be changed. As we know, Common law is
derived from custom and precedents so can be changed. As we
know Common law is derived from custom and precedents so the
precedent itself is a law. On the other hand, Civil law is made by
legislators whose aim is to supplement and modernize the codes,
most of the time with the advice of legal scholars. In the system
judges do not create the law but they administer law.
4. What is guaranteed by The European Convention of human
Rights Article 6?
Most European countries however are parties to the European
Convention of Human Rights. Article 6 guarantees “the right to a
fair trial” and the presumption of innocence.
5. Sociological differences between common law and civil law?
In some Civil law countries, judges are trained and promoted
separately from attorneys, whereas common law judges are usually
selected from accomplished and reputable attorneys.
6. Concept of legislation under continental law system?
The trial under civil law differs from a common law trial. In
common law both parties present arguments and witnesses in
open court. In civil law the judge supervises the collection of
evidence and usually examines witnesses in private. A civil law
action consists of a series meeting, hearing, and letters trough
which testimony is taken evidence is gathered and judgment is
rendered.
7. Civil law trial differs from a common law trial?
The role of judges in civil law differs from that of judges in common
law system. Common law judges are free to depart from precedent
and establish new law when different facts or new considerations
arise. On the other hand, Civil law sees judges administer the codes
that are written by legal scholars and enacted by legislators.
Distinction – difference
Administer – manage
Rendered – Given
Depart from – deviate
Arise – appear
Enacted – made into law
Treatises – a written study
Innocence – not guilty
Legislation – law or body of laws enacted
Defendant – offender
Is not in the text
1. Civil law – assumes that there is only one correct solution to a
specific
CRIME
1. What is a crime? COMMON LAW
Crime is a public wrong, it is an offence committed against the
government or the community. It is an action that is punishable by 1. Common law is the law that comes from common people, versus
criminal law. legislation, which comes from the experts.
2.In how many ways can crime be classified? CIVIL LAW
Crimes are classified in: 1. Common law crimes versus statutory 1. Or Continental European law is the most widespread system of
crimes, and law in the world. The central source of law that is recognized as
2. Crimes that are mala in se(evil in them) versus those that are authoritative is codifications in a constitution of statute passed by
mala prohibitia (criminal only because the lay says so). legislature to amend a code
3.What is the difference between a felony and misdemeanor? ARTICLE 6
The difference is based on the severity of the crime. Most European countries however are parties to the European
4.What actions are criminal? Convention of Human Rights. Article 6 guarantees “the right to a
-murder and rape – treason or tax evasion – littering – theft and fair trial” and the presumption of innocence.
the handling of stolen goods. PRECEDENT
5.How many forms of organized crime do you know? The body of precedent is called “common law” and it binds future
fraud, kidnapping, and the extraction of protection money, drugs decisions.
and prostitution. “GOLDEN RULE”
6. Define actus reus? ” In a way, it is more of a process which has a single guiding rule
A person can be accused of being guilty of a crime, if he or she the “Golden rule” a negative rule “Don’t do something to someone
either have performed a voluntary physical act or failed to act that you don’t want to experience to yourself, either directly or
when he or she had a legal duty to do so. through the agency the agency of a government.
7. What do you understand under the term “mens rea”
A person is guilty of a crime if he or she has had intent to act in a
harmful way. This element is sometimes called the requirement of
metal fault or mens rea, a latin term that means “guilty mind”.
8.How many types of parties to criminal conduct do you know?
-a principal in the first – a principal in the second – an accessory
before the fact – an accessory after the fact.
9.What is the diference between a principle in the 1 st degree and
a principle in the 2nd degree?
a person in the first degree is a person who with the requisite
intent actually engages in the criminal act that causes the harm. A
principal in the second degree who aids, counsels, enables, or
commands the principal in the first degree in the commission of
the crime and is present at the time of the Pcrime.. A person who is
not at the immediate crime scene may, nonetheless be a principal
in the second degree if he or she is considered constructively
present, for example, by being close enough to render assistance in
the commission of the crime.
10. Who is an accessory after the fact?
An accessory after the fact is a party who, though not present at
the commission of the crime, aids, receives, or comforts a
wrongdoer, knowing that he or she has committed a crime in order
to help the wrongdoer avoid capture, conviction, or punishment.
The assistance could e in the form of facilitating escape or
destroying evidence of the crime.
1.Felonies – zlobno 2.Misdemeanors – prekrsok
1. Lttering-gubre (garbage, debris, junk) 2. Treason-predavstvo
(deception betrayal) 3.Perpetrated – izvrsuva (accomplish, do,
commit, enact, perform, enact inflict,) 3.Fraud – izmama (decent,
imposition, cheat, forgery) 5.accused – obvinet (blamed, charged,
incriminated) 6.Inadvertent – nenamerno (accidental, careless,
thoughtless, negligent, unintentional) 7. capture – faka
(apprehend, arrest, catch, seize).
what information is not in the text.
1. Crime – is an action punishable by the private law.
2. Felonies – are organized crimes
3. Misdemeanors are classified into – complex misdemeanor
4. Most crimes are committed by – stealing a gun
5. A principal in the second degree is a party who – watches the
principal in the first degree.
STAGES OF A CRIMINAL CASE
1. What do police officers have to protect when arresting a
person.
Police officers must protect citizens constitutional rights, such as
the rights to remain silent and the right to be free from
unreasonable searches.
2. What does booking mean?
-Takes the criminal suspect’s personal information’s ; records
information about the suspect’s alleged crime ; performs a record
search of the suspect’s criminal background ; fingerprints,
photographs, and searches the suspect ; confiscates any personal
property carried by the suspect ; places the suspect in a police
station holding cell or local jail.
3. What does bail mean?
Bail is money or a cash equivalent that an arrested person has to
give to a court to ensure that he or she will appear in court when
ordered to do so.
4. Explain the term “arraignment”.
Arraignment is the firs stage of courtroom, based proceeding,
where a person charged with a crime is called before a criminal
court.
5. What do the so called ‘public defenders’ do?
They are government – appointed defense attorneys and are
responsible for zealously protecting a criminal defendant’s rights at
all stages of the criminal process.
6. Explain the term “plea bargains”.
Plea bargain means that defendant agrees to plead guilty to one or
more charges, most of the times to a lesser charge than one.
7. What happens at a preliminary hearing?
The judge decides whether there is enough evidence to convince
the reasonable jury that the defendant committed the crime for
which he or she is charged.
8. What happens in a criminal trial?
In a criminal trial, a jury examines the evidence to decide whether
beyond a” reasonable doubt” the defendant committed the crime
in question.
9. How many kinds of punishments may be imposed on a
convicted criminal defendant?
fines, incarceration in jail (shorter – term), probation , a suspended
sentence, payment of restriction to the crime victim, community
service, drug and alcohol rehabilitation.
10. How many types of sentences do you know?
concurrent ; consecutive ; deferred ; determinate ; final ;
indeterminate ; life ; mandatory ; maximum ; minimum ;
presumptive ; straight or flat sentence and suspended sentence.
11. What kind of punishments are “alternative sentences”?
Install Breathalyzer devices In their cars ; give lectures or teach
classes about the dangers of criminal behavior ; attend lectures
given by crime victims ; complete a drug or alcohol treatment
program ; do weekend jail time, or stay at home under “house
arrest”.
Underlined word is not correct. FInt the correct word in the text.
1.At home – under arrest ; 2.look ; denided – deem ; dismissed
3.take - refund ; 4. “plays to” – pleads to ; 5.fire- hire ; 6. cross-
fires – refute ; 7. revise – refute ; 8.abondoned – abolished 9.
phoned – postponed;10. renew – review.