Criminal law

Criminal law is a branch of public law that defines crimes and fixes punishments. It also regulates the methods of charging and trying criminals.

The principal notion of criminal law is crime – violation of law punishable by the state.

Criminal law of most modern states classifies crimes as:

• offences against the safety of the state (treason, tax evasion, bribery, counterfeiting);

• offences against the public peace and order (drunk and disorderly conduct, carrying weapons, illegal speeding);

• offences against a person (homicide, assault, kidnapping, rape);

• offences against property (theft, larceny, robbery, burglary);

• offences against decency ( bigamy, sexual harassment).

According to their gravity, crimes are divided into felonies and misdemeanors. Felonies are the most serious crimes. Misdemeanors are less serious crimes.

Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea). In a murder, for example, Actus Reus is the killing of a human being by another human. Mens Rea is the person’s intent to kill.

One important principle of criminal law is presumption of innocence. Under this principle if the defendant has pleaded not guilty his innocence should be presumed until the state proves his guilt beyond reasonable doubt.

Even if Actus and Mens have been proved, the defendant may still avoid punishment if he can show that he has a defense – a reason the court should excuse his act. The most common defenses are: insanity, self-defense and duress - being forced to commit a crime.

Punishment is fine, imprisonment, or other penalty provided by law and imposed by the court. The punishment for a felony is imprisonment for at least one year or death in some limited cases. The punishment for a misdemeanor is fine or imprisonment for no more than one year. The ultimate penalty is death or capital punishment. Almost half the countries of the world have abolished the use of the death penalty.

The purpose of punishment is to reform and rehabilitate criminals, and to deter them and others from similar behavior in the future.

Criminal law is one of the fastest growing areas of the law. One of the reasons is that the number of crimes committed in some countries is increasing rapidly. Another reason is that different governments continually review their ideas of what should be considered a crime.

Contract law

Vocabulary

contract – контракт, договор

enforceable contract – имеющий исковую силу

contractor – контрагент, сторона в договоре

breach of contract – нарушение контракта

be in breach of contract – нарушить контракт

offer – оферта (предложение)

acceptance – акцептирование оферты (принятие предложения)

capacity – (право)способность, дееспособность

award – решение суда в гражданских делах

remedy – средство судебной защита, средство защиты права

damages (pl) – возмещение убытков

specific performance – постановление суда о выполнении условий договора

injunction – судебный запрет

Contract law is a central part of legal systems all over the world. It is the means by which exchange relations are supported. Many people think that a contract must be written and signed by the parties to the contract. This is a mistake. Simple transactions such as buying of a bus ticket or a packet of chips from a supermarket are enforceable contracts.

Agreement between the parties is an essential element of a contract. It must include an offer and an acceptance of the offer. The terms of the agreement offered and accepted by the parties must be certain and clear – that is, the contractors must know what they agree to. Another important element of an enforceable contract is the intention of the parties to be legally bound (there is no contract if, for example, the parties were just joking when they made the agreement).

Most legal systems also consider the capacity of the contractors – that is, their right to contract. There are some special rules if one of the contractors is under the age of 18, or insane; rules when one of the contractors made a mistake or was pressured or tricked into making an agreement, and rules for dealing with illegal contracts. For example, the agreement to commit a crime.

When a court decides if a contract has been made, it must consider all these elements.

A failure to comply with the terms of contract is called a breach of contract. If one of the parties fails to perform his or her obligations, the other party may apply to a court for a legal remedy. If the court decides that there was a breach of contract, it must then judge how the party in breach must compensate the other party.

The usual award for the loss because of the breach is monetary compensation, or damages.

Instead of damages, the court can force the other contractor to carry out the contract. This is called specific performance.

A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract.

Contracts are especially important in international business, where the parties try to specify all the parts of their agreement in a clear written contract so that to avoid differences of law and custom between their countries.