Unit 6. Courts and Law

Task 1. Memorise the following translations of the terms used in the text in task 2.

the European Court of Justice – Суд Европейских Сообществ the Court of Appeal – Апелляционный суд the High Court – Высокий суд правосудия the Crown Court – Суд короны county court – суд графства magistrates' court – суд магистратов, мировой суд Judicial Committee of the Privy Council – Судебный комитет Тайного совета the Queen's Bench Division – Отделение королевской скамьи the Commercial Court – Коммерческий суд, суд по торговым делам the Admiralty Court – Суд по морским делам, Морской суд the Administrative Court – Административный суд the Family Division – Отделение по семейным делам the Chancery Division – Канцлерское отделение the Divisional Court – Апелляционное присутствие the Civil Division – Отделение по гражданским делам the Criminal Division – Отделение по уголовным делам Law Lords – Судебные лорды (члены апелляционного комитета палаты лордов) the Lord Chief Justice – лорд-главный судья Lord Justice of Appeal – судья апелляционного суда

Task 2. Read the text and form a clear idea of the system of courts in England and Wales.

English Courts Today

The current arrangement of the system of justice in England and Wales is based on its historical development. At the moment, the court structure in England and Wales comprises the following elements:

P the House of Lords (the Appellate Committee)

P the Supreme Court consisting of:

• the Court of Appeal

• the High Court

• the Crown Court

P County Courts

P Magistrates' Courts

A certain number of cases may also be referred to the European Court of Justice, which has jurisdiction on matters of European Community law.

Unit 6. Courts and Law - student2.ru The House of Lordsis at the top of the structure. Lords of Appeal in Ordinary commonly known as the Law Lords, each of them being a full member of the House and a life peer, perform their judicial functions sitting as the House itself or, more commonly, hearing appeals as a Committee of the House known as the Appellate Committee.

The Supreme Court is not a separate entity. It comprises the Court of Appeal, High Court of Justice and the Crown Court and only exists as a combination of the three.

The Court of Appeal sits in London at the Royal Courts of Justice (RCJ) in the Strand and consists of the Civil Division which hears appeals from the High Court and from the County Courts and the Criminal Division which hears appeals from the Crown Court. The Court of Appeal has appellate jurisdiction only and is composed of Lord Justices of Appeal together with a number of ex officio members.

Cases involving points of law may be further referred by either of the Divisions to the Appellate Committee of the House of Lords. On some occasions where an important point of law is involved, appeals may go direct to the House of Lords from either the High Court or the Crown Court.

The High Court of Justice deals with the more important civil disputes (i.e. those in which large sums of money or other important issues are at stake). There are three Divisions of the High Court:

The Queen's Bench Division presided over by the Lord Chief Justice deals with actions for damages arising from torts, breaches of contract and libel. The Court also hears disputes arising from trade and commerce (the Commercial Court) as well as from shipping disputes (the Admiralty Court). Both the Commercial Court and the Admiralty Court have been created as part of the Queen's Bench Division of the High Court of Justice. The Administrative Court in the Queen's Bench Division deals with a variety of judicial review matters.

The Family Division headed by the President deals with matrimonial and family matters, including issues relating to children, wardship and adoption applications, divorce. It also deals with non-contentious probate, which means cases concerned with wills where there is no dispute and, where no will has been made, the distribution of estates under the intestacy laws.

The Chancery Division presided over by the Vice-Chancellor has jurisdiction over a wide range of issues, including land matters, trusts, contentious probate, company, partnership and bankruptcy matters as well as intellectual property disputes.

The Crown Court deals with all those criminal cases which the Magistrates are not empowered to deal with. Practically, all its work is concerned with cases committed for trial or sentence by the Magistrates or with appeals from their decisions.

The County Courts, in their present form, came into existence in 1846 as a result of an Act of Parliament. They were intended to provide a means of recovering small debts and to give, in a limited range of cases, similar remedies to those obtained in the High Court. This has remained their main function, but they now have jurisdiction to deal with a broad spectrum of civil proceedings, including, within specified limits, virtually all those matters which are covered by the three Divisions of the High Court. An exception is actions founded on defamation, i.e. libel and slander. Applications relating to adoption of children and actions for the possession of property are examples of matters which may be dealt with by the County Courts. In fact, about 90 per cent of all civil proceedings are commenced and concluded in these courts.

Each County Court has its own district. Some of the courts' powers are exercisable only within their district, while others are not subject to territorial limitations. Certain designated County Courts have jurisdiction to deal with divorce and other family matters, insolvency and admiralty matters.

The Magistrates' Courts deal with minor family matters, some forms of civil debt as well as minor criminal offences that can be tried either way where the defendant has elected to be tried summarily. The magistrates have limited sentencing powers. Where they are of the opinion that the offence deserves a more severe sentence, the magistrates can commit the offender for sentencing at the Crown Court. The magistrates' court usually sits as a bench of three lay magistrates with a legally qualified clerk to advise them on points of law. Apart from lay magistrates, there are also professional magistrates, or stipendiaries. A stipendiary magistrate sits alone.

Task 3. Find in the text the answers to the following questions.

1. What elements is the court structure of England and Wales comprised of?

2. How do the Law Lords perform their judicial functions?

3. What is the structure of the Supreme Court?

4. What is the jurisdiction of the Court of Appeal?

5. What divisions does the High Court of Justice comprise?

6. What is the jurisdiction of the Queen's Bench Division?

7. What cases does the Family Division deal with?

8. What issues does the Chancery Division have jurisdiction over?

9. What cases is the work of the Crown Court concerned with?

10. What is the role of the County Courts in the British system of justice?

11. What are the main characteristics of the Magistrates' Courts?

Task 4. Match the following English expressions with their Russian Equivalents.

1) to argue / plead a case 2) to decide a case 3) to hear / try a case 4) to lose a case 5) to win a case 6) to dismiss a case 7) to file a case 8) to initiate a case 9) to review a case

а) возбудить иск, обвинение, судебное дело b) выиграть дело, выиграть процесс с) вынести решение по делу d) рассматривать судебное дело е) оспаривать обвинение, выступать в защиту обвиняемого f) пересмотреть дело g) подать иск h) прекратить дело i) проиграть дело / судебный процесс

Task 5. Translate the following text into English.

Особенностью Верховного судаАнглии и Уэльса является то, что он состоит из трех судов:

• Высокого суда;

• Суда Короны;

• Апелляционного суда.

Высокий суд имеет гражданско-правовую юрисдикцию, Суд Короны -уголовно-правовую, а Апелляционный суд рассматривает жалобы на их решения.

В составе Высокого суда имеется три отделения:

° Отделение королевской скамьи;

° Канцлерское отделение;

° Отделение по семейным делам.

Отделение королевской скамьи рассматривает сложные гражданские дела, в том числе связанные с морскими перевозками и торговлей.

Канцлерское отделение решает дела, касающиеся интеллектуальной собственности (патентного и авторского права), а также дела о доверительном управлении имуществом и банкротстве.

Отделение по семейным делам рассматривает сложные семейные споры.

Суд Короны имеет уголовно-правовую юрисдикцию (в отличие от гражданско-правовой юрисдикции Высокого суда). Дела рассматриваются судьёй-профессионалом и присяжными.

Апелляционный суд рассматривает жалобы на решения Высокого суда и Суда Короны.

Task 6. Read the text and form a general idea of the civil justice reform taking place in England and Wales. Answer the following questions on the text.

1. What does the reform of the judicial system of England and Wales consist in?

2. What is the creation of the new Supreme Court aimed at?

3. Will the new Supreme Court be like the Supreme Court of the US, the German model of a court or the European Court of Justice?

Farewell to the Traditional System of Justice
or Just a New Supreme Court?

One of the most significant changes in the judicial system of England and Wales is the introduction of a brand new institution, which will be totally different from all the bodies existing within the system so far – the new Supreme Court.

The new Supreme Court is supposed to put the relationship between the executive, the legislature and the judiciary on a modern footing respecting the separation of powers between the three. The functions of the highest courts in the land are currently divided between the House of Lords (the Appellate Committee) and the Judicial Committee of the Privy Council. The Appellate Committee of the House of Lords receives appeals from the courts in England and Wales and Northern Ireland, and in civil cases from Scotland. The Judicial Committee of the Privy Council, in addition to its overseas and ecclesiastical jurisdiction, considers questions as to whether the devolved administrations, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly are acting within their legal powers. The Human Rights Act 1998 which made the European Convention on Human Rights a part of English domestic law makes stricter requirements to ensuring independence and impartiality of the judicial system. It raises questions about whether there is sufficient independence from the executive and the legislature when the highest court of appeal is situated within one of the chambers of Parliament. The Government believes that the creation of a separate Supreme Court will be an important part of the reforms which will rearrange the relationship between the Judiciary, the Government and Parliament to preserve and increase independence of English judges.

The idea of the reform of the highest court in the land is about abolishing the jurisdiction of the House of Lords within the UK's judicial system and vesting the functions currently performed by the Appellate Committee of the House of Lords in a new Supreme Court which will by no means be connected to Parliament. It should be understood that this will not be a Supreme Court based on the US model with the power to strike down and annul legislation and assert the primacy of the constitution. Nor will it be a constitutional court based on the German model or a court which would give definitive rulings on difficult points of law the way the European Court of Justice does. A Supreme Court along one of such models would be a departure from the UK's constitutional traditions where Parliament is supreme. Regardless of the membership in the European Union and the Human Rights Act, this principle remains intact.

Task 7. Read the following text and give in short the information about the system of courts in the USA.

What Is a Court?

A courtis a tribunal established to administer justice under the law. It may decide civil disputes or criminal cases. A court may award damages or administer punishment for crimes.

Courts vary in authority (or jurisdiction) from justice of the peace and small claims courts to the supreme courts of various states and the Supreme Court of the United States. State courts have the power to decide cases involving state and local laws. Federal courts have the power to decide cases involving federal law.

There are two different levels of courts: trial courtsand appellate courts. A trialcourt is the first court to hear a dispute. Witnesses testify and present information to prove the alleged facts. A trial court consists not only of a judge but also of lawyers, who are officers of the court, and others who are necessary for the court's operation. The words court and judge are often used to mean the same thing. While presiding over a legal action, the judge may be referred to as "The Court" or "Your Honor".

An appellate courtsometimes reviews decisions of a trial court when a party claims an error of law was made at the trial level. In most cases, the decision may be appealed to the next higher court, including the state supreme court. The decision of the supreme court of a state may be reviewed by the Supreme Court of the United States.

Unlike trial courts, appellate courts do not hear witnesses or accept new evidence. They examine the transcript – the word-for-word written record of what was said at the trial. They also read appellate briefs (written arguments on the issues submitted by the opposing attorneys). Then the appellate courts listen to oral arguments of the attorneys and may question them about the case. Finally, the appellate courts decide whether, as a matter of law, the decision below should be affirmed (upheld), reversed (overturned), amended (changed), or remanded (sent back to the trial court for corrective action, including, possibly, a new trial).

Task 8. Answer the following questions:

1. What is the definition of a court?

2. What functions does a court fulfill?

3. What kinds of courts are found in the United States?

4. What are the two different levels of courts?

5. What is the main function of a trial court?

6. What is the main function of an appellate court?

7. Is new evidence accepted by appellate courts?

8. What is a transcript and what are appellate briefs?

9. What do appellate courts do?

10. What decisions are made by appellate courts?

Task 9. Read the text given below and find the answers to the following questions: