8. circuit judges assigned to … - окружныесудьи, назначенные…
9. itsjurisdictionisbothoriginalandappellate – он может быть как судом первой инстанции, так и апелляционным
10. the administration of estates – управлениеимуществом
REVISION
TASK 1. Answer the questions:
1. What are the main sub-divisions of the civil law of England, Wales and Northern Ireland?
2. What cases do the county courts deal with?
3. What do you know about the limited civil jurisdiction of magistrates’ courts?
4. What does the jurisdiction of the 274 county courts cover?
5. What cases may be tried in the county court by consent of the parties?
6. What can you say about other matters dealt with by the county courts?
7. What kind of courts regard divorce cases?
8. Do judges of the Supreme Court have power to sit in the county courts?
9. How is the High Court of Justice divided?
TASK 2. Check the comprehension of the text “Civil Courts” by choosing the answer, which you think, is correct.
1. The jurisdiction of the county courts covers actions founded upon contract and tort; trust and mortgage cases.
a) mortgage cases are under the jurisdiction of criminal courts;
b) actions founded upon contract may be regarded by both civil courts and criminal courts;
c) this statement is correct, in addition the recovery of land is under the jurisdiction of the county courts.
2. Other matters dealt with by the county courts include hire purchase, the Rent Acts, landlord and tenant, and adoption cases.
a) adoption cases cannot be regarded by the county courts, they are under the jurisdiction of the Supreme Court;
b) yes, it is true, besides the county courts regard the cases on divorce, complaints of race and sex discrimination;
c) the Rent Acts are under the jurisdiction of criminal acts.
3. All judges of the Supreme Court and all circuit judges have power to sit in the county courts.
a) it is not quite so, not all circuit judges have power to sit in the county courts;
b) the judges of the Court of Appeal have no power to sit in the courts either;
c) yes, it is absolutely true, and in addition recorders have also power to sit in the county courts, but each court has one or more circuit judges, assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them.
4. The High Court of Justice is divided into divisions.
a) yes, it is true and it includes the Chancery Division, the Queen’s Bench Division and the Family Division;
b) the High Court of Justice does not have any divisions;
c) the High Court of Justice is divided into the Chancery Division and the Family Division
and what is most interesting the High Court of Justice cannot be original.
5. The Chancery Division deals with the interpretation of wills and the administration of estates.
a) the Chancery Division deals only with the administration of estates;
b) the Chancery Division deals with the administration of estates and the matters of bankruptcies;
c) it is really true.
6. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen’s Bench Division.
a) the Queen’s Bench Division mainly deals with adoption cases and guardianship and with all jurisdiction, affecting the family;
b) the Queen’s Bench Division deals with the interpretation of wills;
c) yes, maritime and commercial law are under the jurisdiction of admiralty and commercial courts of this division.
7. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges.
a) yes, it is true and it may be added, that there may be single judges of the appropriate division, nominated by the Lord Chancellor;
b) appeals in these cases are heard by courts of five judges;
c) appeals from lower courts are heard by courts of only single judges.
TASK 3.Translate the microtext in writing.
Appeals in England and Wales
Appeals in matrimonial, adoption and guardianship proceedings heard by magistrates’ courts go to a divisional court of the Family Division of the High Court. Affiliation appeals are heard by the Crown Court, as are appeals from decisions of the licensing committees of magistrates. Appeals from the High Court and county courts are heard in the Court of Appeal (Civil Division), consisting of the Master of the Rolls and 27 Lord Justices of Appeal, and may go on to the House of Lords, the final court of appeal in civil and criminal cases.
The judges in the House of Lords are the nine Lords of Appeal in Ordinary, who must have a quorum of three, but usually sit as a group of five, and sometimes even of seven. Lay peers do not attend the hearing of appeals (which normally take place in a committee room and not in the legislative chamber), but peers who hold or have held high judicial office may also sit. The president of the House in its judicial capacity is the Lord Chancellor.
Commentary and notes to the text.
1. affiliationappeals – апелляции по делам об усыновлении
2. decisions of the licensing committees of magistrates – решенияуполномоченныхкомитетовмировыхсудей
3. the Master of the Rolls – хранительсудебногоархива
4. LordsofAppealinOrdinary – Лорды по апелляциям – постоянные члены суда
5. lay peers – пэры – непрофессиональныеюристы
6. the legislative chamber – законодательная палата
OTHER COURTS
Coroner’s courts
Coroners investigate violent and unnatural deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If the death is sudden and the cause unknown, the coroner need not hold an inquest if, after a post-mortem examination has been made, he or she is satisfied that the death was due to natural causes. Where there is reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified circumstances, the coroner must hold an inquest and it is the duty of the coroner’s court to establish how, when and where the deceased died. A coroner may sit alone, or in certain circumstances, with a jury.
Vocabulary notes.
1. coroner – коронер (следователь, специальной функцией которого является расследование случаев насильственной или внезапной смерти)
2. the registrar – регистрационное бюро (чиновник-регистратор)
3. to hold an inquest – проводитьрасследование
4. post-mortem – лат. Вскрытиетрупа
5. the deceased – покойный
Youth Courts
An important additional function of the magistrates’ courts is to hear cases involving young people under 18 (who are collectively called ‘juveniles’). The age of criminal responsibility in England and Wales is ten, except in Scotland where it is eight.
Britain has a serious problem with young offenders. The peak age for committing crime is 15: one in four criminal offences are committed by teenagers under 16. By that time crime is for many already a lifestyle, no wonder that one of the Government priorities is to reform youth justice to focus efforts on preventing offending by children and young people.
Special juvenile courts comprise experienced magistrates and must include at least one member of either sex. Proceedings are held in private, media reports must not identify a young person concerned in the proceedings, whether a defendant, victim or witness. There is a wide range of penalties for young people who are found guilty, ranging from fines and compensations for those under 17 (where their parents or guardians may be ordered to pay) to confinement for those aged 15 and over in a young offenders’ institution.
The Crime and Disorders Act 1998 has established a number of new orders to prevent offending and reoffending by young people.
There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (e.g. over taxation).
Courts of Appeal
Criminal appeals are an integral part of the criminal procedure in England and Wales as no trial process can be perfect. Some people have been found guilty of crimes they did not commit; and probably some that were really guilty have been found ‘not guilty’ and set free.
The appeal system is necessary safeguard against mistakes and injustice, which do occur from time to time. In criminal law appeals to a higher court can be expensive, and leave to appeal must usually have been granted by a lower court. People who have been convicted can appeal if their lawyer can either show that the trial was wrongly conducted or produce new evidence. Appeals can be made against the severity of the sentence, and can be brought on grounds of fact and law. If an appeal succeeds, the higher court may quash the conviction, reduce the sentence or order a new trial. Since 1989, the prosecution can also appeal against what it regards as an insufficient punishment, and the appeal courts can substitute a stronger sentence.
A person convicted by a magistrates’ court may appeal to the High Court (a divisional court of the Queen’s Bench Division), on points of law, and to the Crown court, by way of rehearing.
Appeals from the Crown court against the conviction or against the sentence (on points of law and fact) go to the Criminal Division of the Court of Appeal. The appeal is heard by two judges who deliver judgments.
A further appeal can be made to the Judicial Chamber of the House of Lords, which is the
highest court of appeal in England and Wales. But leave to appeal is only allowed if a point of law of general public importance is involved. The House of Lords, in this legal capacity, is normally represented by up to five Law Lords who hear the case, and who may be presided over by the Lord Chancellor, if the latter so wishes. From there, appeal is to the European Court of Justice.
In addition to these, there exists another appeal route from both the magistrates’ and Crown courts, which is to a divisional court of the Queen’s Bench Division. This procedure is only possible for matters of law.
REVISION
TASK 1.Complete the following sentences with the correct names of courts.
The most common type of Law Court in Great Britain is the (a)……….court. More serious criminal cases then go to (b)……….court. Civil cases are dealt with in (c)……….courts. Appeals are heard by(d)……….courts. The highest court of appeal in England and Wales is (e)………. .
Certain cases may be referred to (f) ……….in Luxembourg.
The legal system also includes (g) ……….courts (which deal with offenders under seventeen) and (h) ……….courts (which investigate violent, sudden or unnatural deaths). There are also administrative (i) ……….which deal with professional standards, disputes between individuals, and disputes between individuals and government departments.
TASK 2.Complete the following sentences with the words and phrases from the list below, using them in the correct form.
1.If a person in Britain has a legal problem, he will go and see a ………. . 2. A case of divorce is a ………. . 3. If you want to ……….your debts, your case will be heard in the County Court. 4. ……….is an expert in the interpretation of law. He is also an expert on ……….(the art of presenting cases in Court). 5. Coroners who have medical or legal training……….violent or unnatural deaths. 6. A jury consists of twelve jurors who are ordinary people chosen ……….from the Electoral Register. 7. In a Magistrates’ Court the accused is placed in ………. . 8. A defence lawyer in court ……….the witnesses. 9. A judge ……….the accused if he ………. .
to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence; at random; solicitor; the dock.
TASK 3. Choose the correct definition for each legal profession mentioned in texts above.
(a) an officer acting as a judge in the lower courts.
(b) a public official with authority to hear and decide cases in a law court.
(c) a group of people who swear to give a true decision on issues in a law court.
(d) an official who investigates the cause of any death thought to be violent or unnatural causes.
(e) a lawyer who has the right to speak and argue in higher law courts.
(f) a lawyer who prepares legal documents, advises clients on legal problems and speaks for them in lower law courts.
TASK 4. Match each word or expression below with the correct definition.
1. everything witnesses say in court: facts, etc.
2. where witnesses stand in court.
3. someone who sees a crime or an accident.
4. ask all witnesses involved in a case questions.
5. to say something happened though the fact hasn’t been proved yet.
6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.
a) witness b) cross-examine c) witness box d) evidence e) defence f) allege
TASK 5. Complete the following sentences with the words and phrases from the list below.
1. The number of young people who .......... crimes has risen sharply in recent years.
2. Another house was broken into last week. This is the third …….... in the area in the past month.
3. The judge …….... him to seven year’s ………. for armed robbery.
4. After twelve hours, the Jury finally reached its …….... : the prisoner was guilty.
5. Although the police suspected that he had been involved in the robbery, since they had no definite ………. there was nothing they could do about it.
6. He parked his car in the wrong place and had to pay a $20 parking ………. .
7. This is the fourth fire in the area recently. The police suspect ………. .
8. The shop decided to install closed-circuit television in an effort to combat the problem of ……….
9. He was ………. by police outside a pub in Soho and ………. with murder.
10. There are two criminal courts in Britain – the ……….for minor offences and the ……….for more serious ones.
11. A……….is a young person who breaks the law.
12. A……….is someone who sees a crime being committed.
13. The lawyer who prepares the case for his or her client prior to appearing in court is called a ……….. The lawyer who actually presents the case in court is called a………. .
14. The sum of money left with a court of law so that a prisoner may be set free until his or her trial comes up is called ………. .
15. The bank manager admitted taking $250,000 of the bank money during the previous five years. He was found guilty of ………..
16. If a person is ………., this means that he or she is put in prison before his or her trial comes up.
17. The witness held the Bible in her right hand and said: ”I swear by Almighty God that the ……….I shall give truth, the whole truth, and nothing but the truth”.
18. The formal statement made by a witness in court is called a ………..
19. Since it was his first offence, he was not sent to prison but put on ……….for 6 months.
20. At a trial, the barrister who speaks for the accused is called the Counsel for the ………., while the barrister who speaks against him is called the Counsel for the ………. .
arrested; solicitor; verdict; fine; juvenile delinquent; ball; prosecution; commit; shop-lifting; in custody; evidence; proof; charged; sentenced; Magistrates’ Court; probation; embezzlement; Crown Court; defence; barrister; witness; testimony; arson; burglary; imprisonment.
TASK 6. Complete the following sentences with the words from the list below.
Arrest
A policeman was sent to (a)……….the disappearance of some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera and some cash. When the policeman tried to (b)……….the boy, he became violent and the policemen had to(c)……….him. At the police station the boy could not give a satisfactory explanation for his actions and the police decided to (d)……….him with the (e)……….of the camera and cash. They took his (f)………., locked him in a (g)………., and (h)……….him overnight. The next morning he appeared in (i)……….before the (j)……….. He took an (k)………. and (l)………. not guilty.