ANGLIČTINA_KOMPLET
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criminal procedure
civil procedure
parties
prosecutor x defendant
claimant/plaintiff x defendant
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,
to settle dispute
standard of proof
beyond reasonable doubt, high
on the balance of probabilities
defendant is found
guilty or not guilty
liable or not liable
possible outcomes
conviction or acquittal
remedy, damages, specific
performance, injunction
examples of wrongs murder, theft, armed robbery
negligence, breach of contract
citation of cases
R. v. Novak (UK), The people v. Novak (USA)
Svoboda v. Novak
claimant… expression used in England, plaintiff...expression used in the USA and formerly in England
Courts in England 1st level- Magistrates´ court (main business - criminal, matrimonial, licensing cases) – binds no one
2nd level civil law disputes - County court
Mainly criminal law disputes - Crown court
3rd level high court (different divisions for different cases (both appeals and new cases), binds courts below
but not itself
a)family division - civil
b)chancery division - civil
c)queen’s bench division - criminal
4th level court of appeal= civil and criminal division (only appeals) – binds courts below and normally binds
itself
5th level house of lords (only appeals) – binds courts below but not itself
Courts in Czech Republic
LEGAL PROFESSIONS
Solicitors – prepare cases for barristers or do out-of-court work - giving legal advice, drawing up docs
(wills, contracts), dealing with litigations settled out-of-court, payed by clients, the right of audience only in
magistrate courts, have to pass Law Society Final Examination, practice 2 years as an articled clerk=trainee
solicitor
Barristers – argue cases in court, may become judges, payed by solicitors, have the right of audience, have
to pass Bar Final Examination to be admitted to the Bar (advokátní komora), practice one year as a
pupil=trainee barrister
The right of audience - is a barristers´ right to be heard in arguing cases in front of a judge even in the
highest courts.
Attorney – US, Czech Republic - lawyer, who can represent a client in the trial
Advocate – Czech Republic
Public prosecutor – lawyer, who defends the interests of the state
Judge – lawyer, who presides over the court, he decides if accused is guilty or not. He decides questions of
law. He is independent of the government, so he can make impartial decisions. He controls the course of
trial, adjudicates all matters of the admissibility of evidence and is the sole arbiter of matters of law in the
case
Executor - seize (zabavit) property of those unable to paid debts (=distrainer)
Jury – in the crown court trial, there are twelve jurors – ordinary members of public between the ages of 18
and 70 who are selected at random. They are not paid, they are just given expenses. Its job is to listen to the
case and to decide the question of fact. It is necessary 10 of 12 to agree and the decision must be beyond
reasonable doubt, their duty is to bring a verdict.
Privileged conversation - the form of conversation between a lawyer and his client where the client know
that what he says will not be passed to someone else without his permission.
Legalese - professional jargon of lawyers, using words from Latin, French, Old English, very formal words
that are not used anywhere else, words that look like normal English – but have special meaning