Technical Reading2 Law Iv

UNIVERSIDAD COOPERATIVA DE COLOMBIA “Profesionales con Criterios Políticos” Villavicencio – Meta – Colombia

Faculty of Law English IV – technical reading #2 Name: _______________________________

Code: __________ Date _____________

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CRIMINAL AND CIVIL PROCEDURES I Criminal procedure is composed of the rules governing the series of proceedings through which the substantive criminal law is enforced. In the United States, most crimes are defined by local and state government, though the federal government has adopted its own criminal code, at Title 18, to deal with activities extending beyond state boundaries or having special impact on federal operations. II The procedure for criminal trials in federal courts is outlined in Title 18. States also have statutes that set out the framework for criminal procedure, subject to important constitutional limits. For example, the US Constitution Bill of Rights provides basic protections including the right to an attorney, the right to not testify, the right to confront witnesses, and the right to a jury trial, among others. State constitutions may increase, but not take away from the federal protections. III The American criminal system is an adversarial and accusatorial model. Criminal procedure must balance the defendant's rights and the state's interests in a speedy and efficient trial with the desire for justice. Therefore, the rules of criminal procedure are designed to ensure that a defendant's rights are protected. IV The rules of criminal procedure are different from those of civil procedure, because the two areas (criminal and civil) have different objectives and results. In criminal cases, the state brings the suit and must show guilt beyond a reasonable doubt, while in civil cases the plaintiff brings the suit and must only show the defendant is liable by a preponderance of the evidence.

V Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or group against another and is to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law.

Vocabulary for the wrriten test: Civil trial: Juicio civil Claim: Reclamar, Alegar Bail: Fianza Abatement of action: extinción de la acción. Negotiated settlements: Acuerdos negociados Tort law: Ley de resposabilidad civil Acquittal: Exoneración

Affiant: Declarante Appellee: Apelado Refugee: Refugiado Restraining order: Orden de restriccion. Heir: Heredero Sexual harassment: Acoso sexual Malfeasance: Conducta irregular Teacher: Ing. William Céspedes.