What isLaw.

Every day of our lives we are restrained and guided by law. It protects us while it restricts us. Sometimes it punishes us. It determines the registration of our births and the distribution of our possessions at death. It tells us how fast we can drive and how long we must attend school, it restricts the type of home we build, etc. The scope of the law necessarily makes it complex, and complexity has created the need for specialists, namely lawyers. This puts the practice of law well beyond the reach of the layman. For legal assistance in specific instances, the services of a competent professional are advisable.

Basically, law is a system of rules. Members of a society establish these rules in order to live in relative harmony. Law can also be defined as a standard of conduct, which regulates the relation of an individual to the central government, the relation of the government to the individual, and the relations among the individuals. If there is a conflict in these relations, the law also provides an institution, the court system, through which the respective sides can litigate a problem and reach a solution.

The court is used to determine conflicts between two individuals and to provide a forum for the enforcement of criminal law. If one court rules against him, the litigant often is able to appeal his case to a higher appellate court.

New words:

Restrain- сдерживать A layman- обыватель

To litigate- рассуждать

Билет 14. Courts and Their Functions

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In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts.

The court is a state body that administers justice on behalf of the state.

There are courts of first instance (original jurisdiction) and second instance ( appellate jurisdiction). A court in which a case is first heard is called the court of first instance. A court of original jurisdiction is one which first examines a case in substance and brings in a sentence or decision. Any court, from the district court to the Supreme Court of the state may sit as a court of first instance. In almost all cases it is possible to appeal to higher court for reconsideration of the decision of the original court. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance.

The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional.

The Supreme Court is the highest judicial body for civil, criminal, administrative and other cases under the jurisdiction of common courts. It exercises judicial supervision over the activities in the procedural forms envisaged by federal law and provides interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts.The basic judicial body is the district court. District courts try both criminal and civil cases. It is also the duty of the district courts to protect the electorial rights of citizens. The higher courts of constituent entities of the Russian Federation hear and determine cases of major importance. They are courts of appellate jurisdiction.

The Supreme Arbitration Court is the highest judicial body settling economic disputes and other cases examined by courts of arbitration ; it exercises judicial supervision over their activities in the procedural forms envisaged by federal law and provides interpretation on issues of court proceedings.

In all courts cases are tried in public. The participants in the trial ( the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the others) speak in the open court. The accused is guaranteed the right to defend. The press has the right to be present.

During the hearing o a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed session is allowed only in exceptional cases. Closed sessions only allowed if it it in the interests of both sides or for the necessity to keep state secrets. Trial without participation of both sides is not allowed. The judges are independent and they must obey the law.

Topical vocabulary

• to create - создавать

• to modify -изменять

• to abolish -отменять

• to apply - обращаться

• hierarchy - иерархия

• capacity -способность

• to define -определять

• a particular court определенный суд

• to specialize - специализироваться

• to treat - трактовать, обращаться

• reassessment -переоценка

• binding upon - связанный с

• first instance - первой инстанции

• second instance – второй инстанции

• to examine - изучить

• decision - решение

• appeal - апелляция

• protest - протест

• to protect - защищать

• interpretation - интерпретация, толкование

• constituent entity - субъект федерации

• a participant - участник

• to keep state secrets - хранить государственные секреты

• to obey the law - следовать закону

Answer the questions:

1. What is the role of each court?

2. What is the function of a court of first instance?

3. What is the basic judicial body of state?

4. What is the function of a court of second instance?

5. What cases does a district court consider?

6. What are the functions of the Supreme Court?

7. What is the function of the Arbitration Court?

8. What is the procedure of the trial?

Билет 15.