Theme 6. Law system

Task 1. Read the basic facts and interprete them.

• In the United Kingdom there is no written Constitution.

• The main sources of law are: Acts of Parliament (Statutory law), Common Law and the European Union law.

• Acts of Parliament are Bills, which were approved both by the House of Lords and the House of Commons and received the Royal Assent.

• Common Law is the ancient traditional system of law in Britain and other English speaking countries. It has never been codified. Acting according to precedent, Common Law is interpreted by judges.

• Since Britain is a member of the European Union, it has to obey the laws passed by the European Parliament in Strasbourg.

• The two main branches of law are Criminal Law and Civil Law. The system of courts reflects these two branches.

Task 2. Read the text and draw a scheme about the types of courts.

Types of Courts

In England and Wales the majority of cases are considered by Magistrates’ courts. These courts hear and determine criminal cases, for which jury trial is not required. These courts can also conduct preliminary investigation into more serious criminal offences. The limited civil jurisdiction of Magistrates’ courts extends to matrimonial proceedings for custody, adoption orders, guardianship orders. Magistrates or Justices of the peace (JPs) can be full time legally qualified lawyers, or unpaid lay magistrates. Magistrates are appointed by the Lord Chancellor.

The next step in civil courts is represented by County courts. County courts deal with contract and tort, trust and mortgage cases, actions for the recovery of land, hire purchase, landlord and tenant relations, divorce cases, complaints of race and sex discrimination.

The courts of similar status for criminal cases are Crown courts. They deal with contested trials of more serious cases before a jury, they also consider appeals from magistrates’ courts. Crown court is presided over by High Court judges.

Besides there are Juvenile courts, which consider criminal cases against people under 17, and Coroners’ courts, which investigate violent and unnatural deaths or sudden deaths where the cause is unknown.

The courts of a higher status are: the High Court of Justice and the Court of Appeal. The High Court of Justice is divided into the Chancery division, which deals with the interpretation of wills and the administration of estates, the Queen’s Bench Division, which deals with maritime and commercial law, and the Family division, with all jurisdiction affecting the family. Lord Chancellor is president of the Chancery Division. The Queen’s Bench Division is presided over by the Lord Chief Justice of England, who ranks next to the Lord Chancellor, and the Family Division is headed by the President. The Court of Appeal considers appeals from Crown Court. The Supreme Court consists of the Court of Appeal, the High Court and the Crown Court. A person convicted at a magistrates’ court may appeal to the Crown Court, while a person convicted at the Crown Court may appeal to the Court of Appeal and finally to the House of Lords. The highest court in the land is the House of Lords. This court is composed of the Lords of Appeal, who are lawyers of eminence generally appointed from amongst the judges of the Court of Appeal. They deal with points of law of general public importance brought before them on appeal from the Supreme Court. At the top of Judicial system is the Lord Chancellor. The Lord Chancellor’s Department was founded in 1885 by the creation of the post of Permanent Secretary. However, it wasn't until 1972, after the Courts Act 1971 came into force, that it assumed most of its present role and responsibilities. The Department's essential function is to promote the fair, efficient and effective administration of justice in England and Wales. Broadly speaking the Lord Chancellor is responsible for: appointing, or advising on the appointment of, judges; the administration of the court system and a number of tribunals; the provision of legal aid and legal services; and the promotion of reform and revision of English civil law. In addition, following the 2001 general election, the Department assumed responsibility for Human Rights, Freedom of Information, Data Protection, Reform of the House of Lords and a range of constitutional matters. In June 2002 the Department took over responsibility for Electoral Law, Data Sharing and Party Funding.

Lord Chancellor and Law Officers

The Lord Chancellor holds a special position, as both a minister with departmental functions and the head of the judiciary. The four Law Officers of the Crown are: for England and Wales, the Attorney General and the Solicitor General; and for Scotland, the Lord Advocate and the Solicitor General for Scotland. The official head of the Lord Chancellor's Department is the Permanent Secretary, a civil servant. The Department employs about 12,000 civil servants, of whom more than 10,000 work in the Court Service at courts and tribunals throughout England and Wales.

Law as Profession

There are two classes of Lawyers in the UK: barristers and solicitors. Barristers known as ‘the Bar’, have the monopoly of presenting cases in the higher courts. A solicitor is only allowed to do so in lesser courts. A solicitor’s job is to do the preliminary work for lawsuits and to deal with wills. Barristers of long experience can apply for a patent as Queen’s Counsel (QC). The Attorney General and the Solicitor General are the leading barristers in the country.

Task 3. Check yourself questions:

1. What is Common Law based on ?

2. What is the role of Lord Chancellor in the House of Lords?

3. What are the sources and branches of law in Britain?

4. What type of court is at the bottom of the court system ?

5. What sort of cases are considered by the Jury ?

6. Which courts can consider both criminal and civil cases?

7. What does the Lord Chief Justice of England preside over?

8. Who are Law Lords?

Task 4. Read about the following incidents and decide what court would consider the cases mentioned.

1. Police have some pretty good pictures of suspected Michael Howell, thanks to Howell, himself. Detectives say Howell took some snapshots with a stolen digital camera before the camera was pawned. According to investigators, one shot shows Howell holding the gun he allegedly used during the robbery of a shop. Police say a friend of Howell's pawned the digital camera without first erasing the memory. Now, Howell has another picture for his scrapbook -- his mug shot. He's being held on 100,000 pounds bail.

2. Police in Liverpool had good luck with a robbery suspect who just couldn't control himself during a lineup. When detectives asked each man in the lineup to repeat the words, "Give me all your money or I'll shoot," the man shouted, "That's not what I said!"

3. A fire tore through part of a Hartford nursing home early Wednesday, killing at least 10 people and injuring 23. Officials said the blaze was considered suspicious and a resident was being questioned.

4. Dionne Warwick, a singer, was arrested at an airport last year after authorities found marijuana in her bag. She is blaming someone else for putting it there. She thinks she was framed.

5. A Carjacker called the owner of the car he had stolen and said: “I'm the guy who hijacked your car, and I need to know how to hook up your stereo amplifier..." And yes, the phone call was traced and he's been arrested.

6. What does a well-dressed fugitive from justice wear? How about a novelty t-shirt that says "FUGITIVE" on it? He said afterward it was the only clean shirt he had. A police officer noticed him, grew suspicious, checked his record, and the next thing you know the guy's back in custody.

7. A GP sold women patients health and diet ‘wonder’ drinks. General Medical Council committee charged him with serious professional misconduct. The drink contained large amounts of vitamin A, which was dangerous for pregnant women.

1. A train driver who left his cab to investigate why he had been stopped for so long at a red light found the signalman slumped in a chair with his eyes shut, a court heard yesterday.

2. Kim Fowler, an ex-model, tried to hire a private investigator to murder her millionaire husband for 10,000 pounds.

Task 5. Read the following list and a) divide the words into two groups: crime and punishment; b) range the crimes from the least to the most serious and grave.

Capital punishment, fraud, embezzlement, life imprisonment, fine, shoplifting, bribery, rape, community service, hi-jacking, assault, probation, taking hostages, arson, imprisonment, manslaughter, murder, confiscation of property, blackmail, terrorism, poaching, robbery, trespassing.