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lOMoAR cPSD| 58412604 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY GROUP EXERCISE
SUBJECT: LEGAL ENGLISH
CLASS: CLC.ĐB09.21-1-22 (N08) Group: 06
2022 – 2023 school year lOMoAR cPSD| 58412604
GROUP WORKING MINUTES AND DETERMINATION OF THE
LEVEL OF PARTICIPATION IN GROUP EXERCISES Subject: Legal English
Class: CLC.ĐB09.21-1-22 (N08) Group: 06
Topic: Comparison criminal and civil court system in the UK I/ MEETING DETAILS
Meeting Facilitator: Đinh Hải Phong Date: November 3rd, 2022 Time: 21:00PM
E-Meet URL: https://meet.google.com/avd-kyob-hia II/ ATTENDEES. All members of group 6 III/ CONTENT
- Meeting to discuss and agree on the topic of group exercises.
- Develop a general outline for the agreed topic. - Assign work. IV/ Evaluation
1. The job completion level is set out: Job Completion level Undeveloped Inconsistent Accomplished Choose a topic X Make an outline X Assign work X
2. Level of individual participation in group exercises: Date: November 3rd, 2022 Location: No (online) Group 06 Class: 4630B Grade: 46 1
Total number of members of the group: 03 lOMoAR cPSD| 58412604 Present: 03 Absence: 0 With reason: x No reason: x STUDENT FULL NAME Student Student Teacher rating ID reviews sign A B C Scores Letter points 1 463031 Đinh Hải Phong 2 463039 Nguyễn Thị Kim Vân 3 463040 Hoàng Hà Vy
Hanoi, November 3rd, 2022 Leader Phong Đinh Hải Phong 2 CONTENTS
INTRODUCTION ................................................................................................. 1 lOMoAR cPSD| 58412604
BODY ...................................................................................................................... 1
I/ Definition...................................................................................................1
II/ Healthy lifestyle and longevity in reality.................................................2
III/ Disadvantages.........................................................................................3
1. An unhealthy lifestyle is more convenient........................................3
2. A healthy lifestyle is expensive.........................................................4
IV/ Advantages..............................................................................................4
1. Fights disease.....................................................................................4
2. Builds confidence..............................................................................5
3. Improves brain health and mood.......................................................5
4. Reduces stress....................................................................................5
5. Optimizes performance......................................................................6
6. Healthy gut and organs......................................................................6
7. Maintain healthy ưeight or lose it......................................................6
8. Lengthens lifespan.............................................................................7
CONCLUSION...................................................................................................7
SOURCES...........................................................................................................8 1 lOMoAR cPSD| 58412604 INTRODUCTION
Both criminal and civil courts in the UK mainly hear evidence and aim to
determine what happened in a case. But how do these two court systems operate
and, more importantly, how do they differ from each other? In this essay, we will
give an overview of the criminal and civil court systems in the UK, as well as the
fundamental differences between the two courts. BODY I/ Criminal Court 1. Jurisdiction
Criminal cases include summary offence matters, indictable offences as
well as ‘either way’ offences. All criminal cases will start in the Magistrate’s
court, but more serious criminal matters are sent to the Crown Court. Appeals
from the Crown Court will go to the criminal division of the Court of Appeal and
potentially the High Court or Supreme Court.
1.1 Magistrate court
All criminal cases start in the Magistrate’s court and about 95% of all
criminal cases are tried here. The Magistrate’s court has jurisdiction to hear all
summary offence matters- minor crimes only triable in Magistrate’s court. These
crimes include but are not limited to: driving under the influence of alcohol or
drugs, minor criminal damage, minor assault and drug offences. Cases are
normally heard by either a panel of 3 magistrates or a District Judge, without a
jury, therefore, the magistrate makes all the decisions, including any penalty.
1.2. Crown Court
The Crown Court deals with indictable offenses - serious crimes which can
only be heard in the Crown Court such as murder, rape and robbery, as well as
‘either way’ offenses. Defendants are convicted in Magistrate’s court but sent to
the Crown Court for sentencing due to the seriousness of the offence and appeals
against decisions of the Magistrate’s court in almost all criminal cases. lOMoAR cPSD| 58412604
The Crown Court typically has a jury of twelve people who decides whether the
defendant is guilty or not and a judge who decides what sentence they get.
1.3. Court of Appeal (Criminal division)
Appeals against conviction or sentence from the Crown Court are heard by
the Court of Appeal. The court can also handle applications for permission to
appeal. The Lord Chief Justice is the President of the Court of Appeal and is
supported by a Vice President.
1.4. Supreme Court
The Supreme Court is the final appeal court. If leave to appeal is granted
by the Court of Appeal, cases may go on appeal to the Supreme Court judges can
hear the most serious and sensitive cases in the Crown Court and some sit with
Appeal Court judges in the Criminal Division of the Court of Appeal.
2. Rights, protections and punishments 2.1. Rights
Criminal defendants have several constitutional rights. These include: The
right to remain silent: the defendant cannot be forced to speak in any criminal
case. The right to confront witnesses: the defendant has the right to cross-examine
witnesses The right to a public trial: the defendant is guaranteed public trials in
criminal cases. The right to a jury trial: a person accused of a crime has the right
to be tried by a jury, except for petty offences carrying a sentence of six months
or less of jail time. The right to be represented by an attorney: the defendant has
the right to have the assistance of counsel for his defence. If the defendant cannot
afford an attorney, a judge must appoint an attorney. The right to adequate
representation: the defendant is entitled to adequate representation- to have a
lawyer who does a reasonably good job at defending them. The right to not be put
in double jeopardy: the defendant cannot be put on a trial more than once for the same offence lOMoAR cPSD| 58412604
2.2. Protections
The most common form of protection is a restraining order. Restraining
orders may be made on conviction or acquittal for any criminal offences. The
guiding principle is that there must be a need for the order to protect a person. A
restraining order on conviction is made to protect the victims of the offence from
conduct that amounts to harassment or will cause a fear of violence, while a
restraining order on acquittal protects a person from harassment by the defendant.
2.3. Punishments
There are four main types of sentences that a judge or magistrate can pass. These include: •
Custodial sentence: used when a crime is so serious, or when an offender’s
record is so bad, no other sentence will do •
Community sentence: both punish through unpaid work, for example, and
try to help people stay out of trouble •
Fines: for less severe offences, the amount of fine is set by the court after
considering the seriousness of the offence and how much money the offender has •
Discharges: used for the least serious offences for which the experience of
being taken to court is considered to be enough II/ Civil Court
1. Jurisdiction of civil court
Civil cases are all cases concerning goods, property, debt repayment and
breach of contract. The two main courts dealing with civil cases in England and
Wales are the County Court and the High Court. The County Court deals with
minor civil matters, while the High Court deals with large or complex civil disputes
1.1. County Court
The County Court also hears complex first-instance civil cases, such as
contract disputes, compensation claims, consumer complaints about faulty goods lOMoAR cPSD| 58412604
or services, and bankruptcy cases. County Court judgments may call for the
payment or return of money or property. Claimants previously referred to as
plaintiffs, may seek a legal remedy for some harm or injury they have suffered.
Successful litigants may ask the court to enforce the judgment through one of a
range of procedures, including writs and warrants of control. 1.2. High Court
More complex civil cases, such as the administration of estates and actions
for land recovery, are heard in the High Court of Justice. The High Court is made
up of three divisions: Chancery, King's Bench and Family. The Chancery Division
hears matters regarding the estates of the deceased, bankruptcy, copyright,
guardians, sale of land, mortgages, partnerships, patents, registered designs and
trademarks. King's Bench hears matters regarding 'habeas corpus' (violation of
private liberty), review and ordinary civil disputes like contractual claims. It also
hears cases that can't be tried within the County Court, for instance, higher value
possession or personal injury claims. there's an overlap between these two
divisions, with some cases not being specifically assigned to Chancery or King's
Bench. The Family Division hears matters including wardship, guardianship,
adoption, matrimonial actions and noncontentious probate actions.
Cases in the High Court are generally heard by one judge. Juries only sit in
libel cases and actions against the police. Some appeals from the county court are
to the High Court, mainly appeals from hearings during the case rather than trials.
1.3. Court of Appeal
From the High Court, cases may go on appeal to the civil division of the
Court of Appeal, which can reserve or uphold a decision of the lower courts.
Permission is essential for a request in the majority of cases. In many cases,
permission may be granted by the court whose decision is being appealed.
Permission can even be granted by the Court of Appeal. The Court of Appeal will
only grant permission to appeal if certain criteria are met. lOMoAR cPSD| 58412604
1.4. Supreme Court
The Supreme Court is the most senior court in the UK. It is the final court
of appeal for all UK civil cases. It hears appeals against decisions made by the
Court of Appeal, and in some limited cases, decisions made by the High Court.
The Supreme Court hears appeals on arguable points of law of general public
importance. Decisions are taken by a majority.
2. Rights, protections and punishments 2.1. Rights
Before the civil trial begins, the presiding judge explains the rights, duties
and responsibilities of the persons involved in the case. The judge shall have the
right to request explanations from the plaintiff, the defendant, and any parties.
The parties shall be appropriately informed if throughout the trial there are any
matters for which the members of the judicial panel demand explanation with
the judge's consent. For the defendant, they may request the Court to see, take
notes and make copies of the lawsuit petition and the documents and evidence
attached to the lawsuit petition. The defendant has the right to make a counter-
claim before opening the meeting to check the handover, access and disclosure
of evidence and conciliation. Civil plaintiffs have the right to present evidence,
documents, objects and requests; present opinions on relevant evidence,
documents and objects and request the persons competent to conduct legal
proceedings to examine and evaluate them; also to be informed of the results of
investigation and case settlement and to defend themselves, and to ask someone
to protect their legitimate rights and interests.
2.2. Protections
The persons involved in the case, the legal representative of the parties to
the claim, the witnesses, the experts, the interpreters and others involved in the
judicial hearing are obligated to observe the orderly conduct of the trial and to
follow the orders of the presiding judge. The plaintiff has the right to change the
contents of the lawsuit claim, or withdraw part or the whole of the lawsuit claim. lOMoAR cPSD| 58412604
In addition, the plaintiff has the right to accept or reject part or all of the
counterclaim of the defendant. The defendant is notified by the court of being
sued and makes a counterclaim against the plaintiff. Có bị lệch sang phần quyền ko
2.3. Punishments
Civil cases generally only result in monetary damages or orders to do or
not do something, known as injunctions. Civil law settles dispute between
individuals and organisations, and it often involves compensation being awarded.
No one is sent to prison in a civil case, but they may be left out of pocket if they're
found liable for compensation. A guilty defendant is punished by incarceration
and/or fines, or in exceptional cases, the death penalty. Crimes are divided into
two broad classes: Felonies and Misdemeanors. In the case of civil law, the losing
party has to reimburse the plaintiff, the amount of loss which is determined by the
judge and is called punitive damage.
III/ Fundamental difference between criminal and civil case 1. Generally
The fundamental difference between a civil case and a criminal one is that
a criminal case involves a crime against the state, while a civil case is a dispute
between private parties. This is the reason why a criminal case is often referred
to as R v. Defendant which R represents Regina for the Queen and Rex for the
King. In contrast, a civil case is written in the form of Private Party A v. Private
Party B in which A and B have equal legal status, A is the claimant and B is the
defendant. So the purpose of punishments of civil law and criminal law are
different. Civil law is designed to punish the offender - aiming for deterrence,
rehabilitation, and retribution. Criminal law is designed to prevent offenders from
committing the offence again, aiming for a law-abiding society.
Then about the burden of proof, the burden of proof the prosecution must
meet in a criminal case is much higher than the one the plaintiff must meet in a lOMoAR cPSD| 58412604
civil case. Criminal cases require the prosecution to convince the jury that the
defendant is guilty “beyond a reasonable doubt.” Even the very slightest doubt
regarding guilt would result in a finding of “not guilty”. By contrast, a civil
plaintiff must merely show that it is more likely than not that the accusations
behind the claim are true. This standard is generally referred to as a
“preponderance of the evidence.” Conceptually, if you consider a balance scale,
the plaintiff must only barely tip the scale in his favour to earn a verdict. If there
is a corresponding criminal case, it probably speaks well for proving liability in the civil case.
Moreover, about procedural differences, the vast majority of criminal trials
are jury trials. In fact, that is one of the foundational Constitutional rights. By
contrast, while many criminal trials include a jury, quite a few of them are heard
and decided solely by a judge. Furthermore, while every criminal defendant is an
attorney to a criminal defence attorney, regardless of the defendant’s ability to
pay, that same right does not exist in a civil trial. When it comes to appeals, either
party can appeal in a civil trial. While in a criminal trial, only the defendant can
appeal the decision of the court.
Last but not least, about the outcome, the decision in the criminal case is
guilty or not guilty. When you are found guilty in criminal case, the outcome is
to restore justice through punitive and rehabilitative penalties. If you have
committed a crime, you can expect to pay a fine, complete a community order, or
go to prison depending on the laws you have breached. For civil cases, you will
be found liable (occasionally partially liable) or not liable. Civil law cases provide
justice by putting a person or organisation back into the position they were in
before any wrongdoing happened. The court or tribunal usually awards a
monetary amount, known as damages or compensation. lOMoAR cPSD| 58412604 2. Proceeding
2.1. Criminal case
If a person breaches criminal law, they’re subject to criminal prosecution by the
state. Examples of offences that breach criminal law include: murder, sexual
assault, fraud, money laundering and drug dealing. First, the police will
investigate a crime and may apprehend and charge suspects. A person accused or
under arrest will either remain in custody or may be granted bail and temporarily
released. Bail may be refused, however, if there is evidence to suggest that the
accused would fail to appear for trial, for instance. The police can send a file on
the case to the Crown Prosecution Service, which can decide to either go ahead
with the prosecution, send the case back for caution or take no further action.
Before the trial, there is a statutory requirement for disclosure by the prosecution
and defence of material relevant to the case, as well as the interrogation of the
accused and any alibis or witnesses. The UK has an adversarial justice system,
meaning that both sides collect and present their own evidence and attacks their
opponent by cross-examination. If convicted, the offender will receive the penalty
laid out in the relevant legislation and sentencing guidelines by the judge, usually
in the form of fines, sentences or community orders. The defendant is considered
to be innocent unless proven guilty beyond a reasonable doubt. If the court’s
verdict is not guilty then the defendant is acquitted. 2.2 Civil case
Proceedings begin when the claimant issues a claim form that must contain
or be accompanied by the particulars of the claim. The claim form and particulars
of the claim must set out a summary of the basic facts of the claim against the
defendant. The documents have to be served on the defendant in accordance with
special rules and within prescribed timeframes. The defendant with a response
back invites them to either admit the claim, using a form of admission or to defend
it, using a form of defence. The response back also contains an acknowledgment
of service form to confirm receipt of the claim. Besides, if the defendant wishes lOMoAR cPSD| 58412604
to defend the claim he must serve a defence, including any counterclaim,
normally within 14 days of receiving the claim form. If the defendant does not
respond, judgment may be given in favour of the claimant. The defendant may be
able to get a time extension for filing a reply on defence by using the part of the
acknowledgment of service form that states an intention to defence the claim. CONCLUSION
In conclusion, although there are some structural similarities, the criminal and
civil court systems are fundamentally different in many aspects, such as the rights,
proceedings and the outcome. We hope that our essay has provided a better
understanding of these two courts and has cleared up any confusion or
misunderstanding about their differences. SOURCES
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population, “Circulation”, April 2018.
2. What is a standard drink?, “National Institute on Alcohol Abuse and Alcoholism”
3. The population health benefits of a healthy lifestyle: Life expectancy
increased and onset of disability delayed, “Health Affairs”, August 2017.
4. The combined effects of healthy lifestyle behaviors on all-cause mortality:
a systematic review and meta-analysis, “Preventive Medicine”, September 2012.
5. Changing minds about changing behavior, “Lancet”, January 2018.
6. The US Food and Drug Administration (FDA) Final Determination
regarding Partially Hydrogenated Oils (trans fat)
7. The US Food and Drug Administration (FDA) Family Smoking
Prevention and Tobacco Control Act- An Overview