Блок 2.

3
READING 1: CRIMINAL LAW AND A CRIME
Read the text and answer the questions:
1. What does criminal law deal with?
Criminal law deals with offenses against the state, often referred to as crimes, which call for
prosecution by officials of the state. It involves actions that are considered illegal and are subject
to punishment, including fines, imprisonment, or other penalties. The focus is on maintaining
public order and protecting the safety and well-being of society.
2. What are the main functions of criminal law?
The main functions of criminal law include:

1. **Define Prohibited Conduct:** Criminal law defines specific actions or behaviors that are
considered illegal and punishable.

2. **Deterrence:** Criminal law serves as a deterrent by imposing penalties on individuals who

engage in prohibited conduct. The fear of punishment is intended to discourage others from
committing similar offenses.

3. **Punishment:** Criminal law provides a system for punishing those who violate its
provisions. This can involve fines, imprisonment, probation, or other forms of punishment.

4. **Rehabilitation:** In some cases, criminal law aims to rehabilitate offenders, helping them
reintegrate into society as law-abiding citizens. Rehabilitation programs may be part of a
criminal sentence.

5. **Protection of Society:** Criminal law seeks to protect society from individuals who engage
in harmful or dangerous conduct. Removing offenders from the general population helps ensure
the safety of others.

6. **Retribution:** Criminal law may seek retribution or justice by imposing a penalty that is
proportionate to the severity of the offense. This is often seen as a form of societal revenge for
the harm caused.

7. **Restitution:** Criminal law may require offenders to make restitution to victims,

compensating them for any harm or losses suffered as a result of the criminal act.
8. **Establishing Guilt or Innocence:** Criminal law provides mechanisms for determining
whether an individual is guilty or innocent of the charges brought against them. This involves
legal procedures, evidence, and the right to a fair trial.

9. **Maintaining Order:** By clearly defining what conduct is prohibited and establishing

consequences for violations, criminal law contributes to maintaining social order and preventing
chaos.

10. **Preserving Individual Rights:** While punishing criminal behavior, the legal system must
also ensure that the rights of individuals accused of crimes are protected, including the right to a
fair trial, legal representation, and due process.

These functions collectively contribute to the overall goal of maintaining a just and orderly
society.

3. Why is the term crime substituted by the term offence in modern legal documents?
The use of the term "offence" instead of "crime" in legal documents can vary based on legal
systems and jurisdictions. However, there are some general reasons why the term "offence"
might be used, and these reasons can be influenced by historical, linguistic, or legal
considerations. Here are a few possible explanations:

1. **Broader Scope:** The term "offence" may have a broader scope than "crime." In some legal
systems, "offence" is a more encompassing term that includes not only crimes but also other
violations of the law that may not be classified as crimes but still warrant legal consequences.

2. **Linguistic Tradition:** The choice between "crime" and "offence" can be influenced by
linguistic traditions. In some jurisdictions, the use of "offence" may be more common and align
with the historical development of legal language.

3. **Legal Categories:** Legal systems often categorize offenses based on their nature and
severity. For example, there may be distinctions between criminal offenses and civil offenses.
Using the term "offence" may allow for a more flexible application across different legal
categories.

4. **Historical Reasons:** The use of the term "offence" might have historical roots in the legal
evolution of a particular jurisdiction. Legal terminology can be influenced by historical practices,
and changes in language may reflect shifts in legal philosophy or societal norms.
5. **International Harmonization:** In the context of international law or legal harmonization
efforts, the use of standardized terms across different jurisdictions may be sought. "Offence"
could be chosen as a term that has a broad and internationally recognized meaning.

6. **Avoiding Ambiguity:** Some legal systems may use "offence" to avoid potential
ambiguity. The term "crime" might be associated with specific elements that are not universally
applicable, and the use of "offence" might provide a more neutral and inclusive term.

It's important to note that the choice of terminology can vary, and the specific reasons for using
"offence" instead of "crime" would depend on the legal context and the goals of the legal system
in question. Legal scholars, legislators, and drafters of legal documents may make these choices
based on considerations specific to their jurisdiction and legal traditions.
4. Give a descriptive definition of a crime.
A crime can be descriptively defined as a specific act or omission that is prohibited and
punishable by law. It is a wrongdoing against the state or the public, rather than just a private
individual, and it typically involves a violation of established laws and regulations. Crimes are
considered offenses of a serious nature, and they may result in legal consequences such as fines,
imprisonment, probation, or other penalties.

Key elements of a descriptive definition of a crime include:

1. **Legality:** A crime must be defined by existing laws or statutes. An act is not considered a
crime unless it has been expressly prohibited by law.

2. **Wrongful Act or Omission:** Crimes can involve both actions (acts) and failures to act
(omissions) that are considered harmful or dangerous to individuals or society.

3. **Intent or Mens Rea:** Many crimes require a mental state of intent or knowledge (mens
rea) on the part of the perpetrator. This means that the person committing the act must have
intended to cause a certain result or must have known that their actions would lead to that result.

4. **Harm or Potential Harm:** Crimes often involve harm to individuals, property, or society
as a whole. However, certain crimes may also be based on the potential for harm, even if harm
does not occur.

5. **Punishment:** Crimes are punishable offenses, and the punishment is usually determined
by the severity of the crime. Punishments can include fines, imprisonment, community service,
probation, or other penalties.
6. **Public Interest:** Crimes are generally offenses against the public or the state, and they are
prosecuted by government authorities rather than private individuals. The state represents the
public interest in maintaining order and protecting citizens.

Examples of crimes include theft, assault, murder, fraud, and other offenses defined by the legal
system. The categorization of crimes can vary based on jurisdiction and legal traditions, and
different legal systems may have distinct classifications and elements for defining criminal
conduct.
5. Give a prescriptive definition of a crime
A prescriptive definition of a crime outlines what society or legal authorities believe should be
considered a crime. It sets forth normative principles and standards, prescribing certain behaviors
or omissions as criminal based on societal values, ethical considerations, and the need for order
and public safety. This definition is more about expressing societal expectations and moral
judgments rather than describing specific elements of criminal conduct.

Key elements of a prescriptive definition of a crime include:

1. **Violation of Social Norms:** Crimes are actions or omissions that violate established social
norms, ethical standards, or values held by a community or society.

2. **Harm to Society:** Crimes are often seen as acts that cause harm to the well-being, safety,
or interests of society as a whole. The focus is on protecting the collective welfare.

3. **Legally Prohibited Conduct:** A prescriptive definition may emphasize that crimes are
actions expressly prohibited by law to maintain order and protect the rights of individuals.

4. **Moral Wrong:** Crimes are viewed as morally wrong actions, and their prohibition is
justified on the basis of shared moral or ethical principles.

5. **Deterrence and Prevention:** The prescriptive definition may emphasize the role of
criminal laws in deterring individuals from engaging in harmful conduct and preventing the
occurrence of socially undesirable behavior.

6. **Public Condemnation:** Crimes are considered actions that warrant public condemnation
and disapproval. The legal system reflects societal values by identifying certain conduct as
unacceptable.
Prescriptive definitions guide the formulation of laws and legal standards by expressing what
behaviors should be punished and condemned by society. They play a crucial role in shaping the
legal and moral framework of a community, influencing the legislative process, and informing
public discourse on issues related to crime and punishment.
UNDERSTANDING DETAILS
1. Explain the difference between the terms in the given pairs: 1) statutory law – common
law 2) substantive law – procedural/adjective law 3) descriptive definition – prescriptive
definition 4) legal wrong – public wrong 5) an act – an omission 6) offender – injured
party
1. **Statutory Law – Common Law:**
- *Statutory Law:* Refers to laws that are enacted by legislative bodies. It involves written
laws created by statutes, codes, or regulations passed by a legislature.
- *Common Law:* Evolves through court decisions and precedents. It is based on judicial
decisions in individual cases and the application of legal principles by judges.

2. **Substantive Law – Procedural/Adjective Law:**

- *Substantive Law:* Defines rights, duties, and offenses, addressing the substance of legal
issues. It establishes the rules for governing behavior and specifies the rights and duties of
individuals.
- *Procedural/Adjective Law:* Outlines the procedures to be followed in enforcing substantive
law. It guides the process of applying and enforcing legal rules, including court proceedings and
remedies.

3. **Descriptive Definition – Prescriptive Definition:**

- *Descriptive Definition:* Describes what is currently considered a crime based on factual
observations and existing legal standards.
- *Prescriptive Definition:* Expresses what society or legal authorities believe should be
considered a crime. It sets forth normative principles, prescribing certain behaviors or omissions
as criminal based on societal values.

4. **Legal Wrong – Public Wrong:**

- *Legal Wrong:* Any act or omission that violates a legal right. It may lead to a civil action
for damages or other remedies.
- *Public Wrong:* Also known as a crime, it is an offense against the public or the state. Public
wrongs are prosecuted by the government, and penalties may include fines, imprisonment, or
other sanctions.

5. **Act – Omission:**
 - *Act:* Involves a positive action or behavior that may be subject to legal consequences.
- *Omission:* Refers to the failure to act or perform a duty when there is a legal obligation to
do so. In some cases, omissions can lead to legal consequences.

6. **Offender – Injured Party:**

- *Offender:* The person who commits a crime or violates the law. They may face legal
consequences through the criminal justice system.
- *Injured Party:* The victim or party who suffers harm or loss due to a wrongful act. In civil
cases, the injured party may seek compensation or other remedies.

These distinctions help clarify the different aspects of law, ranging from its sources (statutory vs.
common law) to its nature (substantive vs. procedural law) and the perspectives involved in
defining and addressing legal concepts.
2. Explain the meaning of the phrases: 1) to enforce social control 2) to discourage harmful
behaviour 3) to serve as a deterrent 4) to restrain behaviour 5) criminal conduct 6)
redressable by compensation
1. **To Enforce Social Control:**
- **Meaning:** Criminal law serves as a mechanism to maintain order and regulate behavior
within a society. By defining certain acts as crimes and prescribing penalties, it establishes a
framework for social control. The legal system, through enforcement, ensures that individuals
adhere to established norms and rules.

2. **To Discourage Harmful Behavior:**

- **Meaning:** Criminal law aims to discourage individuals from engaging in harmful or
socially undesirable behavior. By attaching legal consequences such as fines, imprisonment, or
other penalties to specific acts, the law seeks to deter individuals from committing offenses that
may cause harm to others or disrupt societal harmony.

3. **To Serve as a Deterrent:**

- **Meaning:** Criminal sanctions not only discourage the offender but also act as a deterrent
for others who may contemplate similar misconduct. The idea is that the fear of legal
consequences will discourage individuals from engaging in criminal conduct, contributing to the
prevention of offenses.

4. **To Restrain Behavior:**

- **Meaning:** Criminal law serves to restrain individuals from engaging in activities that are
considered harmful, unlawful, or disruptive to the community. The threat of legal consequences
acts as a restraint on behavior, influencing individuals to conform to legal standards.
5. **Criminal Conduct:**
- **Meaning:** Criminal conduct refers to actions or omissions that violate established laws
and are subject to legal penalties. It encompasses behavior deemed unlawful, and individuals
engaging in such conduct may be prosecuted and punished under criminal law.

6. **Redressable by Compensation:**
- **Meaning:** In certain cases, harm caused by criminal conduct can be redressed through
compensation or restitution. This means that, in addition to criminal penalties, the legal system
may provide mechanisms for the victim to seek compensation or restitution from the offender as
a form of redress for the harm suffered.

These phrases highlight the multifaceted nature of criminal law, encompassing not only
punishment for offenders but also the broader goals of maintaining social order, deterring
harmful behavior, and providing redress for victims.

READING 2: CLASSIFICATIONS OF OFFENCES UNDERSTANDING MAIN POINTS

Read the text and answer the questions:
1. What was the original classification of offences according to the degree of their
seriousness in the common law system?
In the common law system, offences were originally classified into two main categories based
on the degree of their seriousness:

1. **Felonies:**
- **Characteristics:** Felonies were considered more serious crimes.
- **Penalties:** Conviction for a felony often resulted in severe penalties, including
imprisonment for more than a year, fines, or even capital punishment (in some cases).
- **Examples:** Crimes such as murder, robbery, and burglary were typically classified as
felonies.

2. **Misdemeanors:**
- **Characteristics:** Misdemeanors were regarded as less serious crimes.
- **Penalties:** Convictions for misdemeanors generally led to less severe penalties, such as
shorter periods of imprisonment (usually one year or less) and smaller fines.
- **Examples:** Offenses like petty theft, simple assault, and certain traffic violations were
often categorized as misdemeanors.
This classification was based on the principle that more serious crimes warranted more severe
punishments. Felonies were considered grave offenses that posed a greater threat to society,
while misdemeanors were seen as less egregious violations of the law.

It's important to note that this classification system varied by jurisdiction, and the specific crimes
categorized as felonies or misdemeanors could differ. Over time, legal systems have evolved,
and many jurisdictions now use more nuanced classifications, incorporating additional categories
and considering factors beyond just the degree of seriousness.
2. What classifications of offences replaced the original one in the English-Welsh legal
system? Which of them is still in use?
In the English-Welsh legal system, the original classification of offenses into felonies and
misdemeanors underwent significant changes. The classifications that replaced the original
system are:

1. **Indictable Offenses:**
- **Characteristics:** Indictable offenses are more serious crimes that historically required a
formal indictment and a trial by jury.
- **Procedure:** The trial for indictable offenses typically takes place in the Crown Court.
- **Penalties:** Conviction for an indictable offense can result in severe penalties, including
imprisonment for varying durations, fines, or other forms of punishment.

2. **Summary Offenses:**
- **Characteristics:** Summary offenses are less serious crimes that can be dealt with
summarily (without a jury trial) by a magistrate.
- **Procedure:** The trial for summary offenses takes place in the Magistrates' Court.
- **Penalties:** Penalties for summary offenses are generally less severe and may include
fines, community service, or short-term imprisonment.

3. **Either-Way Offenses:**
- **Characteristics:** Either-way offenses are intermediate offenses that can be tried in either
the Magistrates' Court or the Crown Court, depending on factors such as the seriousness of the
case.
- **Procedure:** The mode of trial is determined based on the defendant's choice or the
decision of the court.
- **Penalties:** Penalties for either-way offenses vary but can be more severe than those for
summary offenses.
As of my last knowledge update in January 2022, this classification system is still in use in the
English-Welsh legal system. It provides a more flexible approach to categorizing offenses,
taking into account factors such as severity and the appropriate level of judicial scrutiny.
However, legal systems can undergo reforms, so it's advisable to check for any updates or
changes in classification that may have occurred since then.
3. How are offences classified according to the mode of trial? Give definitions and examples of
each type of offences: a) summary offences b) indictable offences c) offences triable either way
(either way offences)
In the English legal system, offenses are classified according to the mode of trial, and there are
three main categories: summary offenses, indictable offenses, and offenses triable either way.

### a) Summary Offenses:

- **Definition:** Summary offenses are less serious criminal offenses that are triable summarily,
without a jury, in a Magistrates' Court. They are typically less complex cases that do not carry
severe penalties.

- **Examples:** Common examples of summary offenses include minor theft, certain traffic
offenses, and some forms of criminal damage.

### b) Indictable Offenses:

- **Definition:** Indictable offenses are more serious criminal offenses that traditionally
required a formal indictment and a trial by jury in the Crown Court. These offenses are often
complex and may involve more substantial legal procedures.

- **Examples:** Indictable offenses include serious crimes such as murder, robbery, and certain
types of fraud.

### c) Offences Triable Either Way (Either Way Offenses):

- **Definition:** Offenses triable either way are intermediate offenses that can be tried either
summarily in a Magistrates' Court or on indictment in the Crown Court. The choice of venue
depends on factors such as the seriousness of the case and the defendant's preference.

- **Examples:** Examples of either way offenses include theft, certain types of assault, and
handling stolen goods. The decision on the mode of trial is influenced by factors such as the
complexity of the case and the potential severity of the punishment.
### Note:

- The mode of trial for either way offenses may be determined during the early stages of legal
proceedings based on factors like the defendant's election or the decision of the court.

- Legal reforms and changes may occur, so it's important to consult the most recent legal sources
for any updates or modifications to the classification of offenses in the English legal system.
4. How are offences classified according to their object? Give definitions and examples of each
type of offences: a) offences against the state, b) offences against the person c) sexual offences e)
offences against property f) offences against public order g) road traffic offences
### a) Offences Against the State:

- **Definition:** Offenses against the state involve actions that are considered harmful to the
interests or security of the state or government. These offenses are typically aimed at
undermining the functioning of the government or its institutions.

- **Examples:** Treason, sedition, espionage, and acts of terrorism are examples of offenses
against the state.

### b) Offences Against the Person:

- **Definition:** Offenses against the person involve actions that cause harm or pose a threat to
the physical or mental well-being of individuals.

- **Examples:** Assault, murder, manslaughter, and kidnapping are examples of offenses

against the person.

### c) Sexual Offences:

- **Definition:** Sexual offenses involve acts that are of a sexual nature and are often non-
consensual or involve individuals who are incapable of giving legal consent.

- **Examples:** Rape, sexual assault, indecent exposure, and child exploitation offenses fall
under the category of sexual offenses.
### d) Offences Against Property:

- **Definition:** Offenses against property involve actions that unlawfully interfere with or
damage the property rights of individuals or entities.

- **Examples:** Burglary, theft, robbery, and criminal damage are examples of offenses against
property.

### e) Offences Against Public Order:

- **Definition:** Offenses against public order involve actions that disrupt or disturb public
peace, safety, or order.

- **Examples:** Rioting, affray, violent protests, and certain forms of disorderly conduct fall
under offenses against public order.

### f) Road Traffic Offences:

- **Definition:** Road traffic offenses involve violations of traffic laws and regulations related
to the use of roads and vehicles.

- **Examples:** Speeding, driving under the influence (DUI), reckless driving, and failure to
comply with traffic signals are examples of road traffic offenses.

These classifications help in organizing and understanding different types of offenses based on
their nature, impact, and legal significance. Legal systems may vary in the specific
categorization and definitions of offenses, and updates or modifications may occur over time.

UNDERSTANDING DETAILS
Explain the difference between the offences in the given pairs: a) treason – misprision of treason
b) sedition – terrorism c) murder – manslaughter d) assault – battery e) kidnapping – hostage-
taking f) burglary – robbery g) forgery – fraud h) arson – trespass to land i) riot – affray j)
speeding – obstruction
### a) Treason vs. Misprision of Treason:

1. **Treason:**
 - **Definition:** Treason involves acts or attempts to overthrow the government or betray
one's country, often through acts such as aiding enemies during wartime.
- **Example:** A person actively collaborating with an enemy during a time of war.

2. **Misprision of Treason:**
- **Definition:** Misprision of treason is the failure to report or disclose treasonous activities
to the authorities, knowing that such activities are taking place.
- **Example:** Knowing about a plot to overthrow the government but not reporting it to law
enforcement.

### b) Sedition vs. Terrorism:

1. **Sedition:**
- **Definition:** Sedition involves actions that incite resistance or rebellion against lawful
authority, often with the goal of destabilizing or overthrowing the government.
- **Example:** Distributing pamphlets advocating the violent overthrow of the government.

2. **Terrorism:**
- **Definition:** Terrorism involves acts of violence or intimidation designed to create fear
and coerce a population or government for political, ideological, or religious purposes.
- **Example:** Bombing a public space to instill fear for a political cause.

### c) Murder vs. Manslaughter:

1. **Murder:**
- **Definition:** Murder is the intentional killing of another person with malice aforethought.
- **Example:** Deliberately shooting someone with the intent to kill.

2. **Manslaughter:**
- **Definition:** Manslaughter is the unlawful killing of another person without malice
aforethought, often due to recklessness or negligence.
- **Example:** Causing a fatal car accident due to reckless driving.

### d) Assault vs. Battery:

1. **Assault:**
- **Definition:** Assault is the intentional threat or attempt to cause physical harm to another
person, creating a reasonable fear of imminent harm.
- **Example:** Swinging a fist at someone but missing.

2. **Battery:**
- **Definition:** Battery is the intentional physical contact with another person resulting in
harm or offense.
- **Example:** Punching someone and making contact.
(Continued in the next response due to length limit.)

GRAMMAR
1.Complete using the comparative form of the adjectives in capitals. - Нужно использовать
написанные заглавными буквами прилагательные в их сравнительной форме.
1) Your brother is much taller than mine.
2) This island used to be much greener before the forest fires.
3) Slow down! You're fitter than me and I can't keep up!
4) Veronica seems happier since she moved schools.
5) It's actually trendier to wear your hair up this year.
6) As the time for the performance got nearer, I got more nervous.
7) Old people are often wiser than young people.
8) Why don't you try and find a cheaper computer game and save some money?
9) Matt seems to have got even lazier than he used to be and almost never studies.
10) If the problem gets any more serious, we may need to inform the manager about it.
11) If you work more quickly, you'll finish sooner and then you can go home earlier.
12) Ben says he's feeling much better after his illness.
13) I have even less free time this year than I did last year.
14) The news was much worse than anyone had feared.
15) You'll need to be able to run farther than this if you're going to do the marathon.
2. Complete using the superlative forms of the adjectives in capitals. - Нужно использовать
написанные заглавными буквами прилагательные в их превосходной форме.
1) I think Mohammed Ali was the greatest boxer that ever lived.
2) It was the most boring film I had ever seen.
3) Our teacher told us that the student with the highest mark would get a prize.
4) Ginger is one of the luckiest cats alive – he's been hit by a car three times and has never been
hurt!
5) Out of all the students in my music school, I practice the most often.
6) The Pacific is the deepest ocean in the world.
7) That's the ugliest fish I've ever seen!
8) I was ill before the exam and I did the worst out of the whole class.
9) The farthest I've run in one day is about ten kilometres.
10) Don't you think this would be the loveliest spot for a picnic?
11) But that's the craziest idea I've ever heard!
12) I asked the assistant to show me the most modern phone they had.
13) I told the manager that it was the worst hotel I had ever stayed in.
14) Who do you think is the least talented actor to win an Oscar?
15) Out of all the members of the choir, Jason sang the best.
Объяснение:
Сравнительная степень прилагательных (comparative) используется при сравнении двух
предметов.
Превосходная (superlative) – при сравнении трёх и более предметов.
Как образуются эти степени:
1) Односложные прилагательные: добавляем суффиксы –er и –est:
deep – deeper – the deepest
2) Односложные прилагательные, оканчивающиеся на букву e – добавляем только –r и –st:
wise – wiser – the wisest
3) Односложные прилагательные, оканчивающиеся на согласную, перед которой идёт
короткая гласная – последняя буква удваиваем:
fit – fitter – the fittest
4) Двусложные прилагательные, оканчивающиеся на букву y – y меняем на i, затем также
добавляем суффиксы –er и –est:
ugly – uglier – the ugliest
5) Слова, состоящие из двух и более слогов (кроме пункта 4) – степени сравнения
образуются с помощью слов more и the most:
boring – more boring – the most boring
6) Исключения:
Good – better – the best
 Bad – worse – the worst
Little – less – the least
Much/Many – more – the most
Примечание: в этом задании даны не только прилагательные, но и наречия (well, quickly).

D
1.I have never read a better book than this one. EVER
This is the best book I have ever read .
2. Nobody has ever been this far into the jungle. THE
This is the farthest anybody has ever been into the jungle
3. Liam is the tallest boy in class THAN
Every other boy in class is taller than Liam.
4. This is the nicest beach along the coast. THAN
This beach is nicer than the others along this part of the coast.
5. I read that Mount Everest is the highest mountain NO
I read that there is no mountain higher than Mount Everest.
6. This stamp is rarer than any other in my collection. MORE
The other stamps in my collection are more common than this one.
7. Nobody in the class runs as fast as Pedro. RUNNER
Pedro is the fastest runner in the class.
8. The painting Ed did is the ugliest one you can imagine. THAN
You can’t imagine an uglier painting than the one Ed did.
E
John is so tall that he can see over the wall.
My sister is so clever that she will go to university.
This computer game is so good that I can't stop playing it.
Tim has so a lot of work to do that he can't go out.
It's so hot that I can't sleep.
Tina arrived so late that she missed the train.
We have so a lot of bills to pay that we don't have any money for luxuries.
Ausrtaria is so far away that it takes one day to get to it.

F
1-D
2-A