- •Министерство финансов Российской Федерации
- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Введение
- •Chapter I law Unit 1 Introduction to Law
- •Introduction to Law
- •Vocabulary
- •Vocabulary tasks
- •The Aims of Law
- •In trouble with the law law-abiding my word is law
- •Unit 2 What Law Is
- •What Is Law?
- •Social Morality, Rules and Laws
- •Vocabulary
- •Vocabulary tasks
- •Chapter II sources of law Unit 3 Sources of English Law
- •Sources of English Law
- •The Principal Sources
- •The Subsidiary Sources
- •Vocabulary
- •Vocabulary tasks
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •Text c Common Law and Equity
- •Historical Development
- •Vocabulary
- •Vocabulary tasks
- •Text d Sources of American Law
- •Vocabulary
- •Vocabulary tasks
- •Text e Continental Systems
- •For You to Remember
- •Sources of Civil Law
- •Vocabulary
- •Vocabulary tasks
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Text b Characteristics of Constitutions
- •Vocabulary
- •Vocabulary tasks
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •13 States convention written constitution
- •Vocabulary tasks
- •Unit 8 The Constitution of the Russian Federation
- •The New Russian Constitution
- •Amendments to the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •1) Государственная власть
- •2) Управление, руководство
- •3) Форма правления, государственное устройство, политический строй
- •4) Правительство, правительственный аппарат
- •Text b The British Parliament
- •Vocabulary
- •Parliamentary Control
- •Vocabulary tasks
- •The System of Government
- •The House of Commons
- •Parliamentary Debates
- •Text c Law-making Process in the uk
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •The Royal Assent
- •Bill And Law
- •How Bills Go through Parliament
- •Vocabulary
- •Making New Law
- •Types of Bills
- •Vocabulary task
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Vocabulary tasks
- •Text e The Role of the Monarch in Britain
- •Vocabulary
- •The Richest Woman in the World
- •Vocabulary task
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Checks and balances
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •How Congress Makes Laws
- •Vocabulary
- •Vocabulary tasks
- •Text b The Political System of the usa
- •The Political System
- •The Constitution
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Two-Party System
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Vocabulary tasks
- •Text b The Parliament of the Russian Federation
- •Vocabulary
- •Article 97
- •Article 98
- •Article 99
- •Vocabulary tasks
- •Chapter V law enforcement Unit 14 Law Enforcement Bodies
- •Text a Role of Government
- •Text b Role of Police Force
- •Vocabulary
- •Vocabulary tasks
- •Unit 15 Enforcing the Law in Britain
- •Text a The English Legal System
- •Vocabulary
- •Text b The British Police
- •Vocabulary
- •Vocabulary tasks
- •Identify showing murder investigation found dead
- •Unit 16 Law Enforcement in the usa
- •Text a Protecting the Rights of the Accused
- •Text b Police Technology in the usa
- •Vocabulary
- •Vocabulary tasks
- •Federal Bureau of Investigation
- •Vocabulary
- •Vocabulary tasks
- •Unit 17 Law Enforcement in the Russian Federation
- •Text a Law Enforcement of Today
- •Vocabulary
- •Text b Application of Law Enforcement
- •Vocabulary
- •Vocabulary tasks
- •Chapter VI the courts Unit 18 The Court System of the uk
- •Text a Judicial Institutions
- •Text b Classification of the English Courts
- •Text c The Hierarchy of the Courts
- •Restrictions
- •Vocabulary
- •It is useful to know
- •For you to know
- •5) Cause – судебный процесс, судебное дело, тяжба
- •6) Controversy – гражданский судебный процесс, правовой спор,
- •7) Process – судебный процесс, процедура, порядок, производство дел, судопроизводство, процессуальные нормы
- •8) Proceeding(s) – судебный процесс, рассмотрение дела в суде, судебное разбирательство, судебная процедура, производство по делу, судопроизводство
- •Vocabulary tasks
- •Text d Courts of England and Wales
- •Judicial organization
- •Unit 19 The u.S. Court System
- •Text a Understanding the u.S. Court System
- •State Courts
- •A Typical State Judicial System
- •Federal Courts
- •Text b Jurisdictions of the Federal and State Court Systems
- •The Federal Judicial System
- •9 Justices
- •12 Circuits
- •Vocabulary
- •Vocabulary tasks
- •Text c The Miranda Warning
- •Vocabulary
- •Unit 20 The Court System of the Russian Federation
- •The Court Structure
- •Vocabulary
- •Vocabulary tasks
- •Text b Jurisdiction of Courts
- •The Constitutional Court
- •Jurisdiction of the Courts of General Jurisdiction
- •The Supreme Court of the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Text c The Courts of the Subjects of the Russian Federation
- •Text d The Arbitrazh Court of the Russian Federation.
- •Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance
- •Vocabulary
- •Vocabulary tasks
- •Opening remarks at Meeting with the Judges of the Russian Court
- •Contents
- •Legal English - 1
Text d Courts of England and Wales
Task 1 Understanding the general content of the text.
The text describes judicial organization in England and Wales. Quickly skim the text and give each paragraph (А, В, С, etc.) a suitable heading.
Example: suitable headings for paragraph A are: 'Jurisdiction of the House of Lords' or 'The House of Lords'.
Judicial organization
A Superior courts. The highest court is the House of Lords, which exercises the judicial function of Parliament. In theory appeal to the House of Lords is an appeal to the whole House but in practice, particularly since the Appellate Jurisdiction Act, 1876, created a group of salaried life peers, the Lords of Appeal in Ordinary, or 'law lords', there is an established convention dating from 1844 that lay peers do not participate in judicial sittings of the House. Appeals are referred to an Appellate Committee of the House. By that Act an appeal must be heard by at least three of the Lord Chancellor, the Lords of Appeal in Ordinary, and such peers as hold or have held high judicial office. The House has almost entirely appellate jurisdiction only, in civil and criminal cases from the Courts of Appeal in England and in Northern Ireland and in civil cases only from the Court of Session in Scotland.
В The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, the Restrictive Practices court, certain special courts, and certain tribunals, such as the Lands Tribunal. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.
С The High Court in its civil jurisdiction is divided into three Divisions (Queen's Bench, Chancery, and Family (formerly Probate, Divorce and Admiralty)) to each of which certain kinds of cases are assigned. Divisional courts of each of the divisions, consisting of two or more judges, have limited appellate jurisdiction in certain cases. The main civil jurisdiction is exercised by single judges hearing cases of the kind appropriate to the divisions to which the judges belong.
D The criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench Division. A divisional court of two or three judges of that Division deals with appeals from a Crown Court and magistrates' courts, and also exercises the supervisory jurisdiction of the court, issuing the prerogative writ of habeas corpus1 and to ensure that magistrates’ courts and inferior tribunals exercise their power properly, by granting orders of mandamus, prohibition and certiorari2.
E The Crown Court, created in 1972, replaces the former assizes and quarter sessions. It exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen's Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates’ courts and proceedings on committal by magistrates to the Crown Court for sentence.
F The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only, over indictable offences committed in Greater London or on the high seas. The court consists of ex officio judges and in practice consists of judges of the Queen’s Bench Division, the Recorder of London, the Common Serjeant, and certain additional judges of the Central Criminal Court.
G Inferior courts. County courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.
H Magistrates’ courts consist of a stipendiary magistrate or of from two to seven (usually two or three) lay justices of the peace; a single lay justice has a very limited jurisdiction. Magistrates’ courts have civil jurisdiction in relation to certain debts, licenses, and domestic proceedings. In the exercise of criminal jurisdiction one or more justices may sit as examining magistrates to conduct a preliminary investigation into an indictable offence. A magistrates’ court may try summarily many minor statutory offences and also certain offences if the prosecutor applies for the case to be heard summarily, the court agrees it is a suitable mode of trial and the defendant does not elect jury trial. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.
1 habeas corpus лат. судебный приказ о доставке в суд лица, содержащегося под стражей, для выяснения правомерности содержания его под стражей; writ of habeas corpus букв. “ты можешь иметь тело (неприкосновенным)”
2 certiorari лат. “to be informed” направление обвинительного акта в Высокий суд.
Task 2 Completing a diagram.
Read the text in more detail and complete the diagram, which shows the hierarchy and jurisdiction of the Courts in England and Wales. Write the name of each court in the correct box as in the example and indicate which are inferior and superior courts.
A Specify which court deals with the following cases:
actions for damages
actions for the possession of property
bankruptcy matters
civil disputes involving large sums of money
civil proceedings
company matters
contentious probate
criminal cases
defamation
disputes arising from trade and commerce
family matters
intellectual property disputes
judicial review matters
land matters
matrimonial matters
minor criminal offences
minor family matters
non-contentious probate
partnership matters
recovering small debts
shipping disputes
trusts
B Complete the following sentences with a suitable word from the box.
proper patent ignorance determined sentenced
application appellant jurisdiction
The courts with original civil _____ are chiefly the High Court and county courts.
_____ of the law is no defence.
The designer immediately applied for a _____ for the new model he had created.
The court that the defendant was in breach of his obligations.
The _____ remedy for breach of contract is often an order of specific performance.
The judge _____ the murderer to life imprisonment.
The party who appeals is the _____ .
His _____ for the post of senior legal adviser was not accepted.
Over to you
Use your completed diagram to describe the organization of the courts and judiciary in England and Wales. Include the following points:
• Courts of civil and criminal jurisdiction
• The hierarchy of courts
• The role and jurisdiction of each court