INGLÉS

Diana Pintos González

2º Criminología y Psicología

Universidad Europea de Madrid

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2
ÍNDICE

Module 1:

Introduction: English for law.

The characteristics of English law.

Module 2:

An introduction to criminology.

Crime – general topic introduction.

Module 3: The legal systems.

Lesson 1 – The Spanish Legal System.

Lesson 2 – The British Legal System.

Lesson 3 – The British Legal System – Scotland and Ireland.

Module 4.

The European Union.

The European Union – International Function.

The European Union – The EU Law.

Module 5.

Cybercrime and cyber security.

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4
 MODULE 1 à INTRODUCTION: ENGLISH FOR LAW.

USEFUL TERMINOLOGY.

Councel tables: where the lawyers sit.

To take oath: in the constitution, in the bible.

Law – Meaning and definition à Ancient period (Romans):

- Justinian: “the standard of what is just and unjust”.

- Cicero: “law is the highest reason implanted in nature”.
- Hindu Thought: Dharma and Adharma – Law is means to achieve justice.

Definition of law:

The Law comprises 3 branches:

- Legislative: Congress – makes laws.

- Executive: the President – enforces the laws.
- Judicial: the Courts – interpret the laws.
- Police corps: implement the laws.

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 STRANGE LAWS FROM AROUND THE WORLD.

A lot of places that have stranges laws, though many are archaic and rarely enforced.

- Suspiciously holding a salmon in the UK: Parliament’s famous Salmon Act of 1986
states that it’s illegal to hold a salmon under suspicious circumstances.
- Chewing gum in Singapore: a rule enforced in order to keep public spaces clean. An
exception is made for dental or nicotine gum.
- Naming your baby appropriately in Denmark: the country has official child naming
guidelines. If you don’t like the 7,000 approved names, you need government approval.
- Hiking naked in Switzerland: Swiss canton Appenzell was the first to ban the
indecent act after a naked German man walked past a family picnicking in the Alps in
2009.
- Bird feeding in Venice: a fine of up to $700 is in store for anyone who feed the
pigeons in Venice’s St. Marks’s Square. The city banned the practice, citing the birds as
a health hazard, and as bad for the monuments.

THE COURTROOM.

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 WHO IS IN THE COURTROOM?

THE PARTIES.

The people or entities who are directly involved in a lawsuit are called parties.

They are plaintiffs (those who are suing in a civil case) or defendants (those being sued in a
civil case or accused in criminal cases).

The parties may be presented at the counsel tables with their lawyers during the trial.

Defendants in criminal cases have a constitutional right to be present at their trials.

THE JUDGE.

The judge presides over court proceedings from the “bench” – usually an elevated platform.
The judge has five basic tasks:

- To preside over the proceedings and see that order is maintained.

- To determine whether any of the evidence that the parties want to use is illegal or
improper.
- In jury trials, to give the jury instructions about the law that applies to the case and the
standards it must use in deciding the case before it begins its deliberations about the
facts in the case.
- In “bench” trials (cases tried without a jury), to determine the facts and decide the
case.
- To sentence.

LAWYERS.

In the courtroom, the lawyers will be sitting at the counsel tables near the bench or be speaking
to the judge, a witness, or the jury.

Each lawyer’s task is to bring out the facts that put his o her client’s case in the most favorable
light, but using approved legal procedures.

In a criminal case, the government’s lawyer is called the prosecutor – usually an assistant
district attorney or assistant U.S. attorney.

Criminal defendants may be represented by a public defender, a lawyer appointed by the court,
or a private attorney hired by the defendant.

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 WITNESSES.

Give testimony about the facts or issues in the case that are in dispute.

During their testimony, they sit on the witness stand, facing the courtroom.

Because the witnesses are asked to testify by one party or the other, they are often referred to as
plaintiff’s witnesses, government witnesses, or defense witnesses.

THE JURY.

The group of people seated in the boxed – in area on one side of the courtroom is the jury. The
judge decides the law in the case and instructs the jury on the law.

It’s the jury’s role to decide the facts in the case, and to apply the law on which the judge has
instructed it in order to reach a verdict.

In cases where the evidence conflicts, it’s the jury’s job to resolve the conflict and decide what
really happened.

THE COURT REPORTER.

Sits near the witness stand in the courtroom and records everything that is said during the trial
(or introduced into evidence) by typing it on a stenographic machine or by making an electronic
sound recording.

This becomes the official record of the trial.

The court reporter also produces a written transcript of the proceedings if either party appeals
the case or requests a transcript.

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 UNIT 1. THE CHARACTERISTICS OF ENGLISH LAW.

LEGAL SYSTEMS

ADVERSARIAL SYSTEM

The adversarial system or adversary system is a legal system used in the common law countries
where two advocates represent their parties’ case or position before an impartial persona or group
of people, usually.a jury or judge, who attempt to determine the truth and pass judgment
accordingly.

This system is a contest, where two parties fight to win.

The police:

- Run the investigation, the responsabilities for gathering evidence rests with the two
parties – the prosecutor (with the police) and the defense – and an independant evaluation
of that evidence by an impartial judge is left to the trial.
- Must have a warrant to search your home. If a person does not allow entry and a police
officer cannot obtain a search warrant, any items seized cannot be used in a criminal case.

+ Protection from unlawful search and seizure.

_ The lack of judicial management in the pre – trial phase often leads too long delays between the
alleged offense and the trial of the case.

INQUISITORIAL SYSTEM

An inquisitorial system is a legal system in which the court, or a part of the court, is actively
involved in investigating the facts of the case.

It is based on the idea that a trained professional investigates both sides of the matter, and has
access to all the information about it, so the truth will be discovered.

Rather than being a contest, the inquisitorial system is an investigation.

The police:

- Work with the court to discover the facts concerning the crime, and also work closely
with the prosecutor.
- In the investigation portion, have the right to search your home without a warrant. The
rationale is that the individual has already proven themselves to be the criminal type and
untrustworthy.
- Can hold the accused for up to 48 hours without charge.
- Can haul in any suspect as well as interrogate them in many ways that are not accepted
in the adversarial system.

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+ The courts and police are proactive in dealing with dangerous criminals.

_ Limited protection against infringement of rights.

Both systems:

- Police have the right to investigate and to be a part of the investigative process.
- They have the right to detain and arrest.

T H E ACCU S E D

The accused (Adversarial system):

- Has the right to remain silent. He or she chooses whether or not to answer the questions
of the prosecutor and the judge.
- Has the right to a lawyer to represent him or her, should the accused decide to testify, he
or she is subject to cross – examination and could be found guilty of perjury.
- Is considered innocent until proven guilty. It is a legal right of the accused in a criminal
trial, and so the burden of proof is upon the prosecution, the rights of the accused is a
crucial aspect.

+ A lawyer may represent you if you are not qualified.

_ The case may be decided by how experienced your lawyer is, and not by who is innocent or
guilty.

The accused (Inquisitory system):

- Has no right to silence; silence indicates a refusal to cooperate and the judge/jury will
consider this as a sign of guilty.
- Has no right to lawyer. It is the responsibility of the accused to speak for and represent
himself.
- Is considered guilty until proven innocent. The state/authority has already decided guilty
and the burden of proof is upon the accused. In a criminal trial, the judge questions the
accused to try to get him or her to admit to the crime.

+ If you are innocent, the thorugh investigation process should prove your innocence to the court.

_ You must represent yourself, even if you are not qualified to do so.

Both systems:

- The option of bail is possible, the defendant can assist in his or her freedom to prove
innocence.
- The accused is guaranteed the right to a fair trial and is protected from self –
incrimination. It is a legal right which provides that no person be compelled in any
criminal case to be a “witness against himself”.

An Adversarial trial has similarities to that of an Inquisitorial, but there are distinct differences in
the Procedural Ruling.

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England and Wales, the United States, and most if not all common law countries, have an
adversarial system.

Civil Law countries, such as France and the Netherlands, have and inquisitorial system.

The inquisitorial system is used particularly in many European countries and continental
jurisdictions.

CH AR ACT E R I S T I CS OF E NGL I S H L AW

- Gradually evolving.
- Common law – not Roman law.
- (Partly) made by judges – doctrine of precedent.
- Adversarial rather than inquisitorial.
- Monarch is nominal head.

WHAT IS COMMON LAW?

The common law legal system originated in England, in the Middle Ages.

It was later adopted in the United States and Canada and is in place in most Commonwealth
countries.

Common law has no basis in statute and is established and developed through written opinions
of judges delivered at the end of a trial.

Today, one-third of the world's population lives in common law jurisdictions or in systems
mixed with civil law, including Antigua and Barbuda, Australia, Bahamas, Bangladesh,
Barbados, Belize, Botswana, Burma, Cameroon, Canada, Cyprus, Dominica, Fiji, Ghana ...

GENERAL CHARACTERISTICS

- Common law is an unwritten law – formulated mainly by judges. It is case – centered and
judge – centered- (Scope for discretionary).

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 - Main aim is to find and provide pragmatic solution to particular specific trial/problems –
not to seek a general rule of conduct or general principles law for the future.
- It is more concrete and less abstract if you compare it with Civil Law System.
- It is mainly a public law system.
- The basis for Common Law System is English Law.

WHERE IS THE INQUISITORIAL SYSTEM USED?

Inquisitorial systems are used primarily in countries with civil legal systems, such as France,
Spain, and Italy, as opposed to common law systems.

This means countries that derived their law from the Napoleonic or Roman codes.

*Countries using common aw, including the United States, may use an inquisitorial system for
summary hearings in the case of misdemeanors, such as minor traffic violations.

GLOSSARY

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 MODULE 2 à UNIT 2. AN INTRODUCTION TO
CRIMINOLOGY

VOCABULARY

Exercise 1 à Give a definition of Criminology.

Criminology is a science that involve different areas like anthropology, economics, statistics and
psychology and the studies of the criminal behavior.

WHAT IS CRIMINOLOGY?

Is the study of crime and criminal behavior, informed by principles of sociology and other non –
legal fields, including psychology, economics, statistics and anthropology.

Criminologists examine a variety of related areas, including: the characteristics of people who
commit crimes, their economic status, education, etc.

WHAT TOPICS ARE RELATED TO CRIMINOLOGY?

Criminological research focuses on issues related to the causes and consequences of crime,
delinquency, and victimization, as well as the operation of the criminal justice system, with an
emphasis on police, courts, and corrections.

WHAT IS CRIMINOLOGY WITH PSYCHOLOGY?

This degree examines the causes, legal framework and responses to crime, combined with the
study of psychology. Students engage with criminological, sociological and psychological
theories and approaches to crime.

Criminology and psychology are closely related as both rely on an understanding of human
behavior.

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Psychologists specialize in understanding how the way we process information and make
decisions can be influenced by factors such as trauma, biological disorders, changing
environments and lifestyle choices.

WHY ARE PEOPLE SO INTERESTED IN CRIMINAL PSYCHOLOGY?

Ver often, mental illness and psychosis go hand in hand with criminal behavior.

Research into the minds of criminals has helped us gain a better understanding of what causes
criminal and violent behavior – hopefully, before the persona commits a crime.

Here are five traits that are fundamental to forensic psychology practitioners:

- Strong Communication Skills. No matter what position you hold, strong communication
skills are integral for anyone in the forensic psychology field.
- The ability to maintain objectivity.
- Critical thinking skills.
- Attention to Detail.
- Compassion.

The professionals develop strong research and analytical skills that are also highly sought – after
in many other professions.

Is criminal psychology stressful?

Some professionals develop the inability to sleep, body aches and pains, and even experience
bouts of depression and anxiety as a result of this very difficult and challenging line of work.

This is not work for the faint of heart, either. Many forensic psychologists work on court cases an
appear as expert witnesses.

It is a profession that confronts the dark side of human behavior on a daily basis.

What are the 5 natures of criminology?

The interests of criminologists include:

- The study of nature crime and criminals.

- Origins of criminal law.
- Etiology of crime.
- Social reaction to crime.
- The functioning of law enforcement agencies and the penal institutions.

Exercise 2: Listening practice à What is a forensic psychologist?

1. These professionals may specialize in different fields. Which does the speaker
mention?

Divorce, family cases, custody.

Some Forensic Psychologists specialize in child custody cases, others advise the courts and law
enforcement agencies in all the issues that involve the crime.

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Other professionals strictly do research, to improve the current methods employed by colleagues
working on ground.

They create tests to help them evaluate criminal profiles, and also design new, more effective
protocols.

2. What does he say is the most challenging aspect of forensic psychology? Why?

Court work. Because is more than lecture, there is somebody that make you look bad and that’s
challenging.

He finds the courtroom work very challenging because of the legal system: Adversarial.

In this system a battle takes place between two lawyers to prove the other wrong.

The other part will try to discredit you.

3. How does his work affect him?

This profession makes you see things in a different light.

The speaker says he can detect the threats people normally don’t see.

He believes that helping the criminal justice system succeed, as well as, helping the victims, is
very rewarding.

Exercise 3: Discuss the following questions.

1. After watching the video, where do you think most criminal psychologists work?

It is common for criminal psychologists to work in the legal and criminal justice system, federal
and state government institutions, hospitals and healthcare centers, academia, or prisons and
correctional centers. This can include performing responsibilities in a criminal court, clinical
office or school.

2. What do criminal psychologists do on a daily basis?

Criminal psychologists seek to understand the motivations of criminals and develop a

psychological profile to understand or apprehend them.

They examine individual criminal behaviors and diagnose any mental health conditions. They
frequently step into the courtroom to provide expert testimony.

3. Do criminal psychologists go to crime scenes?

A criminal psychologist that works on ground, spends his or her day examining crime scenes,
looking at crime scene photos, working with law enforcement officers, advising lawyers, and
testifying in court.

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 UNIT 3. AN INTRODUCTION TO CRIMINOLOGY 2.

HOW DO WE TALK ABOUT CRIME IN ENGLISH?

There are lot of specialized words and phrases in English. There is a formal terminology that
judges, lawyers and newspaper reporters use.

There’s also informal language that people use when talking about crimes in casual conversation.

VOCABULARY

victim witness arrest Get arrested

cyber criminal
robbery
assault
jail
courtroom
kidnapping

Actions related to crime:

- Attempt (a crime): try to do it.

- Commit (a crime): do it.
- Get arrested for (a crime): get caught by the police and taken to jail.
- Be accused of (a crime): have someone say that you did it.
- Be charged with (a crime): be officially accused through the legal process.
- Be suspected of (a crime): have people think that you did it.
- Be acquitted of (a crime): have judge or jury decide that you’re not guilty.
- Be convinced of (a crime): have a judge or jury decide that you’re guilty.
- Serve time for (a crime): go to prison because you did it.
- Witness (a crime): see what happened.
- Be a victim of (a crime): have a crime done to you.

TYPES OF CRIME

- Violent crime.
- White collar crime.
- Misdemeanors.
- Cybercrime.
- Organized crime.

VIOLENT CRIME

Violent crime includes the following:

- Armed robbery (like robbing a bank or a liquor store).

- Mugging (robbing someone b ¡y threatening them with a gun or knife).

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 - Murder (killing someone).
- Kidnapping (taking someone and keeping them illegally).
- Assault (beating someone up).
- Sexual assault/rape (having sex with someone who doesn’t want it).

WHITE – COLLAR CRIMES

White – collar crimes are different kinds of theft and fraud that don’t physically threaten anyone.

- Insurance fraud (making a false claim in order to get money from an insurance company).
- Identity theft (taking someone’s personal information so that you can use their credit
cards or bank accounts).
- Tax evasion (not paying your taxes on purpose).
- Bribery (giving money to a politician, police officer, etc. to get favors from them).
- Blackmail (threatening to release someone’s secrets in order to control them).

MISDEMEANORS

Misdemeanors are less serious crimes which usually don’t cause serious harm to other people.

- Shoplifting (stealing something out of a store).

- Drug possession (having illegal drugs).
- Vandalism (doing graffiti or breaking things).
- Prostitution (having sex for money).
- Trespassing (going into someone’s property without permission).
- Drunk driving.

Ways to describe people:

- A criminal.
- A suspect.
- An accused murderer.
- An accomplice (someone who helps someone to commit a crime).

Other phrases related to crime:

- The criminal justice system.

- Crime rates are going up.
- The punishment doesn’t fit the crime.
- Organized crime (like the mafia).

Exercise 2: make a list of terms to talk about crimes related to International Relations.

Black market Tax evasion Illigitimate International bodies

Institutions Owe accountability Extent Liabilities
Distortion Impact Member state Iniciatives
Ineffective Infiltration Irrefutable Risk
Foreing policies Threat Piracy Constrain

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 Tribunals Evidence Smuggling Human slavery
Side effects Human trafficking Trading in protected Counterfeit goods
species

CRIME IN INTERNATIONAL RELATIONS

Transnational organized crime is part and parcel of the modern, globalized economy. The black
market has irrefutable influence over both economic and political structures.

It corrodes and corrupts the institutions with which it comes into contact. Features that arise as a
side effect of organized criminal activity also impact economic, social, and political
developments.

Isolated approaches aimed at counteracting criminal networks have proved ineffective,

necessitating a fresh perspective on foreign policy – based solutions.

A central difficulty of researching organized crime is the opaque nature of criminal networks,
whose members prefer to operate in the shadows. The underworld does not owe accountability to
any outsiders, nor do crime syndicates generally file tax returns.

International bodies like the United Nations Office on Drugs and Crime are forced to rely on the
reports of member states, which are often subject to distortion. This makes accurate assessment
of the extent and impact of organized crime difficult.

Part of what makes the black market difficult to combat is the malleable approach of criminal
networks. They employ a variety of strategies to pursue their illicit activity and will quickly adapt
to the given strength or weakness of their host state.

These strategies manifest themselves as either evasion, confrontation or infiltration of state

institutions. All of these strategies undermine legitimate sociopolitical structures, making it
imperative to implement effective foreign policy iniciatives that fight the trade as a whole.

Glossary: transnational organized crime, foreign policy, containment, governance, illicit,

insurgency…

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 MODULE 3 à THE LEGAL SYSTEMS

UNIT 1. THE SPANISH LEGAL SYSTEM

Exercise: Listening for vocabulary. Fill in the gaps with a word from the video:

1 – Thanks to the Constitution, the Spanish state was transformed into a social and democratic
state.

2 – To come to a democratic agreement there must be a consensus among all the citizens.

3 – More than 91% of Spanish citizens endorsed the document.

4 – Spanish is designated as the official language in all the territory.

5 – The Spanish citizens agreed unanimously on certain principles.

6 – These principles are: solidarity, equality, political pluralism, freedom and justice.

INTRODUCTION

The Spanish Constitution of 1978 (Constitución Española) is the current supreme law of the
Kingdom of Spain.

It was approved in plenary sessions of the Congress of Deputies and the Senate held on the 31st
October 1978 and ratified by a Spanish people’s referendum of 6 December 1978.

HEAD OF STATE

Spain is a parliamentary monarchy, based on parliamentary representation.

Head of State: The King, currently, Felipe VI, is the head of the Spanish state. He represents the
state, and the unity and continuity of its institutions.

His functions include international and national representation and arbitration between other state
institutions.

The King also has other relevant functions including:

- The designation of the Deputy of the Congress, who is vested as President of the
government by the Congress.
- The appointment (as proposed by the competent authorities) of the members of the
governing body of the judiciary, ministers and other relevant officers of the state.

Exercise: Vocabulary. Fill in the gaps with the words in the box.

The 1978 Constitution of Spain strictly limits the king’s constitutional powers.

Executive powers are expressly vested in the government, not in the king. The king’s few powers
are exercised always on the instruction of the prime minister and responsible ministers.

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The ministers have to countersign the king’s acts, and the thereby authorize them. An exception
applies to the order appointing the prime minister and the order to prematurely dissolve
parliament and hold new elections if a prime minister cannot be appointed. These are authorized
not by advice of a minister but by the advice and countersignature of the president of the Congress
of Deputies (lower house). The king has almost no personal discretion and is limited to
representative and ceremonial duties only.

THE STRUCTURE

Spanish state power is divided between the legislative, executive and judiciary powers: The
legislative power of the state is vested in the Spanish Parliament (Cortes Generales), comprising
2 houses à the Congress of Deputies and the Senate.

The two houses have the following functions:

- Legislative, involving the passing of legislation.

- Budgetary, entailing the approval of the annual state revenues and expenditures.
- Other functions established in the CE.

The executive power of the state is exercised by the government, which consists of the President,
vice – presidents (when applicable), ministers and other members as may be determined by law.

The government is in charge of:

- Domestic and foreign policy.

- Civil and military administration.
- The defense of the state.

The judiciary is composed of judges and magistrates who are independent, irremovable and liable
and subject only to the rule of law.

Exercise. Answer the following questions.

1. Does the Constitution provide for a separation of powers?

The CE establishes the principle of the separation of the powers of the state, which is divided into
three branches: legislative, executive and judicial.

2. How is it ensured that a branch does not exceed its authority?

There are several checks and balances in place to ensure that a branch does not exceed its
authority:

- The Cortes Generales oversees government action. It can put formal questions to the
government and each of its members and appoint fact – finding committees (Comisiones
de Investigación).
- The Cortes Generales also proposes certain high officers of the state who are formally
appointed by the King (for example, judges of the Supreme Court and Constitutional
Court and members of the governing body of the judiciary).

The Congress of Deputies can challenge government policy by passing a motion of censure, which
is approved on a vote by an absolute majority of its members.

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The government can:

- Propose legislation and constitutional amendments.

- Lodge an appeal for its declaration as unconstitutional (recurso de inconstitucionalidad).
- Dissolve the Cortes Generales in certain circunstances.

In addition to handing down judgments, the judiciary can request the execution of judgments.

It is also involved in governmental and administrative functions regarding parliamentary control

and the requirement of government liability.

WHO CAN PROPOSE LEGISLATION? PROPOSAL AND DRAFTING OF LAWS

Legislation can be proposed by (article 87, CE):

- The government.
- The Congress of Deputies and the Senate.
- The assemblies of the autonomous communities.
- Popular initiative.

GOVERNMENT
The government participates in the legislative process by filing a bill of law (Proyecto de Ley).
Legal bills proposed by the government are passed by the Council of Ministers, which then
submits them to the Congress of Deputies, accompanied by a statement setting out the necessary
grounds and facts for them to reach a decision.

THE CONGRESS OF DEPUTIES AND THE SENATE

These bodies can make a proposal of law (Proposición de Ley).

Proposals of law are regulated in the standing orders of the houses.

Non – governmental bills that are considered by the Senate are referred to the Congress of
Deputies for enactment.

THE ASSEMBLIES OF THE AUTONOMOUS COMMUNITIES

The assemblies can request that the government pass a bill or refer a non – governamental bill to
the Congressional Steering Committee (Mesa del Congreso).

POPULAR INITIATIVE
Such an initiative requires at least 500,000 authenticated signatures and cannot relate to certain
matters, such as taxation, international affairs or the prerogative of granting pardons.

SCRUTINY

Once a bill or a proposal of law is proposed and accepted by a plenary full session of the Congress
or Deputies, it is discussed by the members to determine whether it is to be accepted, rejected or
amended.

Bills and proposals of law are passed to the Standing Legislative Committee for scrutiny.

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The Standing Legislative Committee designates a committee (ponencia), which prepares a brief
about the text (Dictamen); this is discussed and voted on the plenary session of the Congress of
Deputies.

Once the text of the bill or proposal of law is approved, it is submitted by the President of the
Congress of the Deputies to the Senate, which then follows a similar procedure.

ENACTMENT

The process finishes with the ratification and promulgation of the law.

Within 15 days, the King gives his assent to a law passed by the Cortes Generales. He then
promulgates the law and orders its immediate publication.

The law enters into force 20 days after its publication in the Official State Gazette, unless the
Gazzette provides otherwise.

HUMAN RIGHTS

Human rights are protected in the CE under the section headed “Fundamental rights and duties”,
which is divided into five chapters:

- Chapter I – “Spaniards and Aliens”. States the conditions required for the exercise of
fundamental rights.
- Chapter II – “Rights and Liberties”. Is divided into two sections:
o Section 1: “Fundamental Rights and Public Liberties”, which contains the
declaration of fundamental rights.
o Section 2: “Rights and Duties of Citizens”.
- Chapter III – “Governing Principles of Economic and Social Policy”.
- Chapter IV – “Guarantee of Fundamental Rights and Liberties”. Lays out the system for
promoting and protecting fundamental rights.
- Chapter V – “Suspension of Rights and Liberties”. Sets out the exceptional situations in
which fundamental rights can be suspended.

The rights protected by the CE are:

- Right to life.
- Right to physical and moral integrity.
- Ideological and religious freedom.
- Right to freedom and security.
- Right to honor, to personal and family privacy and to a person’s own image.
- Freedom of residency and movement.
- Freedom of expression.
- Right to meet.
- Right to association.
- Right to participate.
- Right to education.
- Right to unionization.
- Right to strike.
- Right to petition.

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 UNIT 2. THE BRITISH LEGAL SYSTEM (ENGLAND AND WALES).

UK LEGAL SYSTEMS

The UK has three separate legal system; one each for England and Wales
(“Common Law”), Scotland (“Scots Law”) and Northern Ireland (“Anglo –
Irish Law").

This reflects its historical origins and the fact that both Scotland and Ireland,
and later Northern Ireland, retained their own legal systems and traditions under
the Acts of Union 1707 and 1800.

UK LEGAL SYSTEM: ENGLAND AND WALES

The UK is a constitutional monarchy. The Head of State is the monarch (not a president), whose
duties, functions and powers are conscribed by convention. One of the conventions is that the
monarch is politically neutral.

England and Wales operate a common law system which combines the passing of legislation but
also the creation of precedents through case law. The laws are established by the passing of
legislation by Parliament which consists of the ‘Monarch’, the House of Commons and the
House of Lords. The House of Commons is directly elected by the people and the Prime
Minister is traditionally a member of this House. The Court System and case law are controlled
by the judiciary which is completely separate the Parliament.

WHAT IS THE ROLE OF THE MONARCHY?

The monarch is head of state but does not rule. The King is constitutionally obligated to follow
the government’s advice.

The King appoints the PM and other ministers, opens new parliamentary sessions and undertakes
state visits.

The King also acts as head of the nation. In this role he is a focus of national identity and
represents stability and continuity.

WHAT DOES THE KING DO?

The King is the UK head of state. However, his powers are symbolic and ceremonial, and he
remains politically neutral.

He receives daily dispatches from the government in a red leather box, such as briefings ahead of
important meetings, or documents needing his signature.

The prime minister normally meets the King on a Wednesday at Buckingham Palace, to keep him
informed on government matters. These meetings are completely private and there is no official
record of what is said.

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The King also has a number of parliamentary functions:

- Appointing a government: the leader of the party that wins a general election is usually
called to Buckingham Palace, where they are formally invited to form a government. The
King also formally dissolves a government before a general election.
- State Opening and the King’s Speech: the King begins the parliamentary year with the
State Opening ceremony, where he sets out the government’s plans, in a speech delivered
form the throne in the House of Lords.
- Royal Assent: when a piece of legislation is passed through Parliament, it must be
formally approved by the King in order to become law. The last time Royal Assent was
refused was in 1708.

In addition, the King hosts visiting heads of state and meets foreign ambassadors and high
commissioners based in the UK. He leads the annual Remembrance Day Ceremony.

The King is also head of the Commonwealth, an association of 56 independent countries and 2.5
billion people. For 14 of these countries, known as the Commonwealth realms, he is their head of
state.

Exercise 1. Find information about the words underlined in the previous text:

- House of Lords.
- The annual Remembrance Day Ceremony.
- Commonwealth.

Exercise 2. Fill in the gaps with a word from the video.

- The UK Parliament has three elements: The House of Commons – the chamber, The
House of Lords – the second chamber and The.
- The main work of Parliament is by the House of Commons and The House of Lords. The
two Houses laws, and the work of the government, government and important issues.
- It has so that today everyone can in how the UK is and who it.

THE PARLIAMENT

Parliament is made up of three central elements: the House of Commons, the House of Lords and
the Monarchy. The main business of Parliament takes place in the two Houses. Generally, the
decisions made in one House have to be approved by the other.

The mains functions of the UK Parliament are to:

- Check and challenge the work of the Government (scrunity).

- Make and change laws (legislation).
- Debate the important issues of the day (debating).
- Check and approve Government spending (budget/taxes).

THE HOUSE OF COMMONS – AN OVERVIEW

The House of Commons is a representative body, the membership of which is elected. Certain
persons are disqualified from membership by profession or occupation (for example, full – time
judges) or by status (for instance, persons under the age of 21).

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The UK public elects 650 Members of Parliament (MPs) to represent their interests and concerns
in the House of Commons. MPs consider and propose new laws and can scrutinize government
policies by asking ministers questions about current issues either in the Commons Chamber or in
the Committees.

The Speaker is the Chairman of the House of Commons and carries out their duties impartially
such as by ruling on procedural points. By convention, the Prime Minister is a member of the
House of Commons.

THE COMPOSITION OF THE HOUSE OF COMMONS: POLITICAL PARTIES &

INDEPENDENTS

State of the parties.

Nearly all MPs are members of political parties. The list on the next page details the composition
of the House of Commons, which is made up for a total of 650 seats, based on the number of MPs
in each party. If an MP is not a member of a political party, they are known as an ‘Independent’.

- The Conservative party forms a majority government. Their current working majority is
67. This takes into account the non – voting Speaker and their deputies, and non – sitting
Sinn Féin MPs.

THE BRITISH POLITICAL SYSTEM

The British political system is a two-party system. Since the 1920s, the two dominant parties have
been the Conservative Party and the Labour Party. Before the Labour Party rose in British politics,
the Liberal Party was the other major political party, along with the Conservatives.

Exercise 3. A quick research. Find out information about leaders of political parties in the UK.

THE HOUSE OF LORDS – AN OVERVIEW

The House of Lords, also known as the House of Peers, is the second chamber of UK Parliament.
It plays a crucial role in examining bills, questioning government action and investigating public
policy.

Peers regularly review and amend bills before they reach Royal Assent, seeking agreement with
the House of Commons on the final text (also known as ‘ping pong’). While it is unable to prevent
bills passing into law, except in certain limited circumstances, it can delay bills and force the
Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on
the more powerful House of Commons that is independent of the electoral process.

The number of members in the House of Lords is not fixed and membership is by appointment,
heredity or official function.

HOW UK GOVERNMENT WORKS

In the UK, the Prime Minister leads the government with the support of the Cabinet and ministers.

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The Prime Minister:

- Is the leader of His Majesty’s Government and is ultimately responsible for all policy and
decisions.
- Oversees the operation of the Civil Service and government agencies.
- Appoints members of the government.
- Is the principal government figure in the House of Commons.
- Is The Hon Rishi Sunak MP (02/2023).

THE CABINET

The Cabinet is made up of the senior members of government. Every week during Parliament,
members of the Cabinet (Secretaries of State from all departments and some other ministers) meet
to discuss the most important issues for the government.

Ministers are chosen by the Prime Minister form the members of the House of Commons and
House of Lords. They are responsible for the actions, successes and failures of their departments.

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 UNIT 3. THE BRITISH LEGAL SYSTEM (SCOTLAND AND IRELAND).

SOURCES OF LAW

Exercise 1: Categorize the following sources of Law as primary or secondary.

- Textbooks and commentaries by legal writers.

- Case law (decisions of the higher courts, or “courts of record”, which are binding on and
must be followed and applied by less senior courts).
- Legislation (Acts of Parliament or statutes, statutory instruments, Orders in Council, etc.).
- Decisions of the courts (of whatever seniority) of other (foreign) jurisdictions.
- The opinions of legal experts.

Exercise 2: Fill in the gaps with the most appropriate word from the chart below.

- The _____ is the law declared by_____, derived from ____. It originated with the legal
reforms of King Henry II in the 12th century and was called “common” because it applied
_____ across the whole country. The doctrine of ____, whereby courts follow and apply
the principles declared in previous ____ decided by more senior courts, known as “courts
of record”, is also known by the Latin expression “____”.

- The common law includes both____, such as the offence of murder, and____, such as
court procedure rules derived from the inherent jurisdiction of the court.

- Common law rules may be ____ by legislation, which is said to “trump” or take
precedence over the common law. Offences of theft, for example, based on the old
common law offence of larceny, are now governed by the Theft Acts 1968, 1978 etc; and
the original ____ for murder (though not the offence itself) were replaced by statutes such
as the Homicide Act 1957.

- There is a ____to the extent to which common law judges, however creative or “activist”,
can reform an out-of-date law, particularly if it derives from a statute. In such___, only
Parliament can change the law. The need for such a change often follows a period of
research and consultation by the____, which was set up to review and propose reform to
old or inadequate laws.

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 UK LEGAL SYSTEM

UK LEGAL SYSTEM IN BRIEF

The UK is divided into three main jurisdictions (or self – contained legal systems):

- England and Wales.

- Scotland.
- Northern Ireland.

Each jurisdiction has its own laws, court system, lawyers and judges. However:

- Laws that apply in one jurisdiction, particularly if they are derived from legislation (Acts
of Parliament and Statutory Instruments) may apply equally, or very similarly, in other
jurisdictions.
- While the courts in each jurisdiction can decide cases differently from those in other
jurisdictions, the final appeal for all of them goes to the UK Supreme Court.
- Moreover, the process of devolution has resulted in variations between the laws of Wales
and those of England, and even as between different regions in England. Acts of
Parliament can take effect differently, or at different times, in different parts of the
jurisdiction of England and Wales.

The UK has three separate legal systems: one each for England and Wales (“Common Law”),
Scotland (Scots Law) and Northern Ireland (Anglo – Irish Law). This reflects its historical origins
and the fact that both Scotland and Ireland, and later Northern Ireland, retained their own legal
systems and traditions under the Acts of Union 1707 and 1800.

UK LEGAL SYSTEM: ENGLAND AND WALES

The UK is a constitutional monarchy. The Head of State is the monarch (not a president), whose
duties, functions and powers are conscribed by convention. One of the conventions is that the
monarch is politically neutral.

England and Wales operate a common law system which combines the passing of legislation but
also the creation of precedents through case law. The laws are established by the passing of
legislation by Parliament which consists of the ‘Monarch’, the House of Commons and the House
of Lords. The House of Commons is directly elected by the people and the Prime Minister is
traditionally a member of this House. The Court System and case law are controlled y the judiciary
which is completely separate to Parliament.

UK LEGAL SYSTEM: SCOTLAND

Scotland joined England to form the UK by the Act of Union of 1707. However, Scotland has a
long – santanding legal tradition at the time, and the Act of Union expressly preserved the existing
Scottish courts and legal system. As a result, Scotland has continuously formed a separate legal
jurisdiction with its own courts.

The Scottish legal system is best described as a hybrid system, due to its use of both civil law and
common law. Scotland enjoys a distinct legal system from the union, giving the legislature,
judiciary and government autonomy over law and policy decision – making.

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 UK LEGAL SYSTEM: NORTHERN IRELAND

The Northern Ireland Act 1998 was designed to restore devolved government in the six counties
of Northern Ireland. Previously, the Government of Ireland Act 1920, partitioned Ireland and
created the Stormont Parliamentary system in the north. However, the Stormont system was
suspended in 1972, and abolished by the Northern Ireland Constitution Act 1973. The new
Northern Ireland Assembly is intended to support and institutionalize a unique form of
compulsory power – sharing between nationalists and unionists.

The Northern Ireland Assembly is empowered to enact primary and secondary legislation, but
unlike the Scottish Assembly, has no taxing powers. From its inception in 1999 until 2007, the
Northern Ireland Assembly was repeatedly suspended due to political conflict, but devolution has
been uninterrupted since that time.

SCOTS COURT

29
NORTHERN IRELAND

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 MODULE 4

UNIT 1. THE EUROPEAN UNION – BASIC KNOWLEDGE SURVEY

When was the EU formed and why?

The European Union is set up with the aim of ending the frequent and bloody wars between
neighbours, which culminated in the Second World War. As of 1950, the European Coal and Steel
Community begins to unite European countries economically and politically in order to secure
lasting.

How many countries were there initially? Which ones?

Belgium, Germany, France, Italy, Luxembourg, Netherlands.

How many members does the EU have currently?

The European Union (EU) is a political and economic union of certain European states. There are
currently 27 member states of the EU.

Name the 27 countries that form the EU today.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

Why is Norway not in the EU?

Norway has high GNP per capita and would have to pay a high membership fee. The country has
a limited amount of agriculture, and few underdeveloped areas, which means that Norway would
receive little economic support from the EU.

Why is Turkey not part of the EU?

Since 2016, accession negotiations have stalled. The EU has accused and criticized Turkey for
human rights violations and deficits in rule of law.

In 2017, EU officials expressed that planned Turkish polices violate the Copenhagen criteria of
eligibility for an EU membership.

Why is it significant?

The EU is the largest trade block in the world.

It is the world’s bigger exporter of manufactured goods and services, and the biggest import
market for over 100 countries.

Free trade among its members was one of the EU’s founding principles. This is possible thanks
to the single market.

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Who controls the EU?

The EU sets the EU’s overall political direction – but has no powers to pass laws. Led by its
President – currently Charles Michel – and comprising national heads of state or government and
the President of the Commission, it meets for a few days at a time at least twice every 6 months.

What do we refer to when we talk about the ‘4 freedoms’ of citizens?

This means that citizens have the right:

- To live and work in another EU/EEA country.

- To move money between countries of the EU/EEA.
- To sell and buy goods in other EU/EEA countries.
- To receive and provide services in other EU/EEA countries.

Do these citizens have any obligations?

These citizens must conform to the rules and standards that have been agreed between member
states through treaties, legislation and directives.

What are the aims and values of the EU?

The Treaty of Lisbon set out the aims of the EU:

- To promote peace and the well – being of EU citizens.

- To offer EU citizens freedom, security and justice, without internal borders, while also
controlling external borders.
- To work towards the sustainable development of Europe, promoting equality and social
justice.
- To establish an economic union, with the euro as its currency.
- To contribute to the sustainable development, peace and security of the Earth.

Are there disadvantages in being in the EU? If so, name some.

- Cost. The costs of EU membership to the UK is 15bn libras gross (0.06% of GDP) – or
6.883 billion libras net.
- Inefficient policies.
- Problems of the Euro.
- Pressure towards austerity.
- Net migration.
- More bureaucracy less democracy.

Are there any advantages? If so, name some.

Stimulus to GDP growth, more jobs, higher wages and pensions; growing internal market and
domestic demand; free movement of labour, goods, services and capital; free access to 450 million
consumers.

INTRODUCTION

The EU is an organization open to the world, based on the common values of freedom, democracy,
rule of law and respect for human rights.

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Its strategic aims include the consolidation of a stable and united democratic Europe, which
speaks with its own voice on the international scene.

The EEA is an area of free trade and free movement of peoples made up of the member states of
the EU, plus Norway, Iceland and Liechtenstein.

Switzerland has an agreement that extends the single market to include it, though it is not part of
the EEA. Ireland, along with the countries in the EU and EEA are part of the single market.

The EU’s responsibilities and influence in the world are steadily growing, in consonance with its
economic, commercial and diplomatic importance: it is the world’s number – one trading power,
with a currency of reference, as well as the leading donor of humanitarian aid.

THE HISTORY OF THE EU

1945 – 1959. A PEACRFUL EUROPE – THE BEGINNINGS OF COOPERATION.

The EU is set up with the aim of ending the frequent and bloody wars between neighbours, which
culminated in the Second World War. As of 1950, the European Coal and Steel Community
begins to unite European countries economically and politically in order to secure lasting peace.
The six founding countries are Belgium, France, Germany, Italy, Luxembourg and the
Netherlands. The 1950s are dominated by a cold war between east and west. Protests in Hungary
against the Communist regime are put down by Soviet tanks in 1956. In 1957, the Treaty of Rome
creates the European Economic Community (EEC), or ‘Common Market’.

EU Pioneers.

The following visionary leaders inspired the creation of the EU we live in today. Without their
energy and motivation, we would not be living in the sphere of peace and stability that we take
for granted.

From resistance fighters to lawyers and parliamentarians, the EU pioneers were a diverse group
of people who held the same ideals: a peaceful, united and prosperous Europe.

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 UNIT 2. THE EUROPEAN UNION – INTERNAL FUNCTION.

Vocabulary.

Amended: make minor changes to improve or make more accurate.

Policy agenda: a list of subjects or political issues that need to be taken care of at a specific time.

Enacted: the process in a law – making body by which the law is agreed upon and made official.

Subsidiarity: a political principal where a central authority performs tasks that are not performed
at a local level.

Challenged: a formal questioning of the legality of a person, act or thing.

Treaties: a formally concluded and ratified agreement between states.

Claims: a right or title to something.

Approved: officially agreed.

Who runs the EU?

The EU is run by five main institutions:

- The European Council.

- The Council of the EU.
- The European Parliament.
- The European Commission.
- The Court of Justice.

THE EUROPEAN COUNCIL

The European Council, which is the meeting place for heads of state or government, sets the EU’s
overall policy agenda and its priorities.

It meets at least four times each year, but more often when necessary.

The European Council is entirely different from the Council of the European Union, which is
generally referred to as just ‘the Council’ or ‘the Council of Ministers’.

THE EUROPEAN COMMISSION

The European Commission will commonly propose new EU laws, after having consulted other
EU institutions and interested parties.

The draft EU law must then be approved by the Council, which is composed of government
ministers, and by the European Parliament, which is made up of directly elected representatives
from national constituencies.

These members of the European Parliament, or MEPs, are organized into political groups rather
than by nationality.

34
A draft law will commonly be amended by the Council and by the European Parliament.

These institutions will normally discuss the draft with each other and with the Commission.

There are limits on the laws that can be passed:

In deciding whether and how to legislate, the EU is supposed to take account of what is known as
‘subsidiarity’: asking itself whether action at EU level is really required, or whether the issue
could be dealt with adequately by member countries.

National parliaments can express views on this, and they can also bring a challenge in court if
they do not agree that action is required at EU level.

The EU only has the powers given to it by the treaties that established it.

Laws cannot be made unless permitted by a particular Treaty article allowing the EU to act on
that topic.

The Commission and member countries put EU rules into practice:

When EU law is enacted, it must then be implemented.

The European Commission has the main responsibility for this, but it works closely with
administrators in the member countries.

Implementation of many EU policies is therefore shared between the European Commission and
member countries.

THE COURT OF JUSTICE

The EU court can invalidate EU laws, or force countries to follow them.

The Court of Justice is also important in the running of the EU.

Laws enacted by the EU can be challenged in court for a variety of reasons.

A challenge might be brought on the basis that a law went further than was allowed by the treaty
article on which it was based.

The Court interprets what the treaty articles mean, and what they do and don’t allow.

Or it might be argued that the law was in some unintended way discriminatory.

If the court is convinced by such arguments the EU legislation can be declared invalid.

The Court of Justice can also give judgments about the member countries.

An individual might believe that something a country has done is contrary to that country’s
obligations under EU law.

If the court is convinced by these claims, it can rule that the national action is incompatible with
EU law.

If that happens, the member state must bring its behavior into line with EU law.

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 THE COUNCIL OF THE EU

For the Council presidency there is no election: every country takes its turn. This means that every
member state – however big or small – holds the presidency of the Council.

01/01/21 à Portugal.

01/07/21 à Slovenia.

01/01/22 à France.

01/07/22 à Czech Republic.

Exercise 2:

What country holds the presidency of the EU now?

The Swedish presidency of the Council of the EU à 01/01/23.

During the first half of 2023, Sweden holds the presidency of the Council of the EU. Sweden has
identified four priorities for the work under its third presidency of the Council:

- Security – unity.
- Competitiveness.
- Green & energy transition.
- Democratic values and the rule of law – our foundation.

What are the priorities the current presidency has set?

The Swedish presidency will prioritise continued economic and military support for Ukraine, as
well as support for Ukraine’s path towards the EU. It will devote its attention to European
competitiveness, reducing risks of volatile energy prices and energy market reform, the green
transition and the upholding of the rule of law.

Exercise 3: fill in the gaps.

The presidency of the Council rotates among the EU member states every 6 months. During this
6-month period, the presidency chairs meetings at every level in the Council, helping to ensure
the continuity of the EU’s work in the Council.

Member states holding the presidency work together closely in groups of three, called ‘trios’.
This system was introduced by the Lisbon Treaty in 2009. The trio sets long – term goals and
prepares a common agenda determining the topics and major issues that will be addressed by the
Council over an 18-month period. On the basis of this program, each of the three countries
prepares its own more detailed 6-month program.

The current trio is made up of the presidencies of France, the Czech Republic and Sweden.

Exercise 4: language focus.

1. Unsociable, unsure, unresponsible, unknown à irresponsible.

2. Irregular, irreliable, irrational, irrelevany -à unrealiable.
3. Intolerant, incompetent, inaccurate, inusual à unusual.

36
4. Dishonest, dissatisfied, disabled, disexperienced à inexperienced.
5. Impatient, impolite, impleasant, improbable à unpleasant.
6. Illimited, illegal, illiterate, illogical à unlimited.

37
 UNIT 3. THE EUROPEAN UNION LAW

European Union law is the system of laws operating within the member states of the European
Union. The EU has political institutions and social and economic policies.

The Council of the EU represents member state governments, while the Court of Justice is meant
to uphold the rule of law and human rights.

The European Union is based on the rule of law. This means that every action taken by the EU is
founded on treaties that have been approved democratically by its members. EU laws help to
achieve the objectives of the EU treaties and put EU policies into practice.

There are two main types of EU law: primary and secondary.

PRIMARY VS SECONDARY LAW

Every action taken by the EU is founded on the treaties. These binding agreements between EU
member countries set out EU objectives, rules for EU institutions, how decisions are made and
the relationship between the EU and its members.

Treaties are the starting point for EU law and are known in the EU as primary law.

The body of law that comes from the principles and objectives of the treaties is known as
secondary law; and includes regulations, directives, decisions, recommendations and opinions.

LEGISLATIVE VS NON – LEGILSATIVE ACTS

Legislative acts are adopted following one of the legislative procedures set out in the EU treaties
(ordinary or special).

Non – legislative acts do not follow these procedures and can be adopted by EU institutions
according to specific rules.

The EU can pass laws only in those areas where its members have authorized it to do so, via the
EU treaties.

AREAS OF EU ACTION

The EU can only act in those areas where its member countries have authorized it to do so, via
the EU treaties.

The treaties specify who can pass laws in what areas: the EU, national governments or both.

3 principles determine how and in what areas the EU may act:

- Conferral – the EU has only that authority conferred upon it by the EU treaties, which
have been ratified by all members countries.
- Proportionality – the EU action cannot exceed what is necessary to achieve the
objectives of the treaties.
- Subsidiarity – in areas where either the EU or national governments can act, the EU may
intervene only if it can act more effectively.

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 AREAS WHERE ONLY EU CAN LEGISLATE

In certain areas, the EU alone is able to pass laws. The role of member countries is limited to
applying the law, unless the EU authorizes them to adopt certain laws themselves. In these areas,
the EU has what the treaties call exclusive competences:

- Customs union.
- Competition rules for the single market.
- Monetary policy for the eurozone countries.
- Trade and international agreements (under certain circumstances).
- Marine plants and animals regulated by the common fisheries policy.

EU OR NATIONAL GOVERNMENTS CAN LEGISLATE

In certain areas, both the EU and member countries are able to pass laws. But member countries
can do so only if the EU has not already proposed laws or has decided that it will not. In these
areas, the EU has what the treaties call shared competences:

- Single market.
- Employment and social affairs.
- Economic, social and territorial cohesion.
- Agriculture.
- Fisheries.
- Environment.
- Consumer protection.
- Transport.
- Trans – European networks.
- Energy.
- Security and justice.
- Public health.
- Research and space.
- Development cooperation and humanitarian aid.

MEMBER COUNTRIES LEGISLATE, EU HELPS

In certain areas, the EU can only support, coordinate or complement the action of member
countries. It has no power to pass laws and may not interfere with member countries’ ability to
do so. In these areas, the EU has what the treaties call supporting competences:

- Public health.
- Industry.
- Culture.
- Tourism.
- Education and training, youth and sport.
- Civil protection.
- Administrative cooperation.

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 WHERE THE EU PLAYS SPECIAL ROLE

In certain areas, special competences enable the EU to play a particular role or to go beyond what
it is normally allowed under the treaties:

- Coordination of economic and employment policies.

- Definition and implementation of the Common Foreign and Security Policy.
- The ‘flexibility clause’, which under strict conditions enables the EU to take action
outside its normal areas of responsibility.

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 MODULE 5

UNIT 1. CYBERCRIME AND CYBER SECURITY

Terminology related to cyber security.

WHAT IS CYBER SECURITY?

Measures taken to protect a computer or computer system (as on the Internet) against
unauthorized access or attack – Merriam – Webster.

The state of being protected against the criminal or unauthorized use of electronic data, or the
measures taken to achieve this – Oxford Dictionaries.

Governments, military, private corporations, financial institutions, hospitals and other businesses
collect, process and store a great deal of confidential information on computers and transmit that
data across their networks (using also external suppliers and customers networks too) to send their
data to other computers.

With the growing volume and sophistication of cyber attacks, ongoing attention is required to
protect sensitive business and personal information, as well as safeguard national security and
personal data.

Nowadays, the nation’s top intelligence officials warned that cyber attacks and digital spying are
the top threat to national security, eclipsing terrorism.

Exercise 1: fill in the gaps.

The video states that in the near future cyber attacks will in amount.

Working in cyber security can be very

Most of our information is stored in

Ana’s problem began when she tried to use a

41
You should be careful if they ask you to fill in your account

Ana was shocked when an enormous amount of money was of her account

Hackers often use emails to scam people.

Cyber security helps people prevent digital access to their computers.

Cybercrime also known as Computer crime, refers to any crime that involves a computer/mobile
and a network.

The computer may have been used in the commission of a crime, or it may be the target.

Netcrime is criminal exploitation of the internet.

Experts defined Cybercrime as “Offences that are committed against individual or groups of
individuals with a criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm to the victim directly or indirectly, using modern telecommunication
networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones
(SMS/MMS)”.

Cybercrime has devastating consequences on world economies and has suffered a significant
increase in the past decade. Top 10 Common Types of Cybersecurity Attacks:

- Malware.
- Phising.
- Man – in – the – Middle (MitM) Attacks.
- Denial – of – Service (DOS) Attack.
- SQL Injections.
- Zero – day Exploit.
- Password Attack.
- Cross – site Scripting.

The highest rate of cybercrime was found to be in the United States which may mainly contribute
to the board range of available broadband connections, which are those that allow uninterrupted
internet connectivity.

From 2006 to 2020, the United States experienced 156 significant cyber attacks – more than the
UK, India and Germany combined.

A “significant” cyber attack refers to a hack into a country’s government agency, a defense or
high – tech company, or a crime with losses of more than $1M.

Committing a cyber crime can have serious consequences. In the United States, a cyber criminal
can receive up to 20 years in prison for hacking into a government institution if it compromises
national security.

Yet, despite the consequences, cyber criminals continue to wreak havoc across the globe. But
some countries seem to be targeted more than others.

Personal computers.

42
Computer networks managing the information systems of organizations,
businesses, financial institutions, etc.

Critical infrastructure (vital assets of a nation – virtually/physically)

controlled by supervisory control & data acquisition.

How can cyber attacks hurt national security?

Cyber attacks can:

- Paralyse the government’s decision making systems.

- Cripple a nation’s critical infrastructure.
- Cause massive panic & trigger inadvertent.

U.S. National Cyber Strategy: 4 pillars.

Protecting the American people, the homeland and the American way of life by safeguarding
networks, systems, functions and data.

Promoting American prosperity by nurturing a secure, thriving digital economy and fostering
strong domestic innovation.

Preserving peace and security by strengthening the ability of the U.S., its partners and allies to
deter and punish those who use cyber maliciously.

Advancing American influence to extend the key tenets of an open, interoperable, reliable and
secure internet.

43