- •Chapter XI the work of the courts - part 1 the courts
- •Vocabulary list
- •Reading Comprehension Exercises
- •Skimming
- •Scanning
- •Vocabulary Work Exercises
- •Suggest Russian equivalents of the following expressions and use them in your own sentences based on the text.
- •Suggest English equivalents of the following expressions and use them in your own sentences based on the text.
- •Match the expressions on the left (a) with their translation on the right (b).
- •Guess the concept of the following definitions.
- •Give definitions of these words. Use the dictionary. Suggest the word – combinations in which these words can be used.
- •Match the words on the left (a) with their definitions on the right (b) and give their Russian equivalents.
- •Translate the sentences from English into Russian.
- •Complete the sentences with the words from the box.
- •Fill in the gaps with the appropriate prepositions from the box.
- •Translate the sentences from Russian into English using the active vocabulary.
- •Speaking Exercises
- •Say whether the following statements are true or false. Explain why drawing on the text.
- •Answer the questions about the text.
- •Draw up the plan for rendering the text and then summarize it.
- •Discuss these issues.
- •Find the information on the Internet on the following themes and make presentations in class.
Translate the sentences from English into Russian.
1. This agency will carry out the administrative and support tasks for the Court of Appeal, High Court, Crown Court, and county courts.
2. Certain other distinguished judges, for example the Lord Chief Justice and the Master of the Rolls, may also sit in 'the Lords'. All the Law Lords are Life Peers, created from the ranks of judges.
3. The Law Lords may reach their decisions by a majority, and it is not unusual for the court to decide its cases by a majority of 3-2.
4. Lord Chancellor Falconer said the object of the creation of this 'new free-standing Supreme Court will be to 'separate the highest appeal court from the second house of Parliament, and remove the Lords of Appeal in Ordinary from the legislature ... the proposed new Court will be a United Kingdom body legally separate from the England and Wales courts since it will also be the Supreme Court of both Scotland and Northern Ireland'.
5. Consultation Paper prepared by the Department for Constitutional Affairs refers to: questions about whether there is sufficient transparency of independence from the executive and legislature to give people the assurance to which they are entitled about the independence of the judiciary.
6. The considerable growth of judicial review in recent years has inevitably brought the judges into the political eye. It is essential that our systems do all that they can to minimise the danger that judges decisions could be perceived to be politically motivated.
7. It therefore follows that a High Court Judge in the Queen's Bench Division is likely to find the year divided up into periods when he or she will be in London, or say, Leeds, Manchester, Cardiff or Winchester trying either serious criminal cases or important civil cases, or sitting in the Court of Appeal, assisting the Lords Justices to hear criminal appeals.
8. Circuit Judges may be specially approved to try cases involving certain types of serious criminal offences, such as murder, rape, child abuse, and fraud.
9. Members of the public sit as magistrates as an act of public duty.
10. In cases of difficulty, where, for example, the circumstances of death may point to someone being to blame, a jury will be sworn to give a verdict as to the cause of death.
Complete the sentences with the words from the box.
1. decision(2); 2. recognizes; 3. law; 4. Tribunal; 5. binding(2); 6. judges(2); 7. precedent; 8. sentencing; 9. injustice; 10. co-ordinate jurisdiction; 11. per incuriam; 12. development; 13. Court of Appeal; 14. follow; 15. settlements; 16. free; 17. entered into; 18. criminal jurisdiction; 19. court's opinion; 20. criminal; 21. duty; 22. principle; 23. conflicting; 24. rule(2); 25. decided; 26. criminal cases; 27. House; 28. Parliament; 29. a question; 30. court; 31. civil side; 32. previous decision; 33. applicant; 34. conflicting; 35. members; 36. misunderstood; 37. tribunals; 38. statute; 39. force; 40. binding; 41. determination; 42. review; 43. in ignorance; 44. unanimous; 45. bound; 46. entitled; 47. first instance; 48. inferior; 49.overruled. |
JUDICIAL DECISIONS AS AUTHORITIES
1. The decisions of the House of Lords upon questions of ________ are normally considered by the House to be _________upon itself, but because too rigid adherence to __________ may lead to __________ in a particular ___ and unduly restrict the proper ____________ of the law the House will depart from a previous __________ when it appears right to do so, although it bears in mind the danger of disturbing retrospectively the basis upon which contracts, property ___________ and fiscal arrangements have been ______________and the especial need for certainty as to the _________law.
2. When a broad ________ has been clearly decided by the ________, the decision should not be weakened or frittered away by fine distinctions, and an erroneous _________ of the House upon a __________ of law can be set right only by Act of ___________.
3. A decision of the House of Lords occasioned by __________ of the House being equally divided is as ________ on the House and on all inferior _________ as if it had been _________.
4. Decisions of the House of Lords are binding on every court ________ to it.
5. The decisions of the __________ upon questions of law must be followed by Divisional Courts and courts of ___________, and, as a general _____, are binding on the Court of Appeal until a contrary __________ has been arrived at by the House of Lords.
6. There are, however, three, and only three, exceptions to this rule; thus (1) the Court of Appeal is _________ and bound to decide which of two __________ decisions of its own it will follow; (2) it is ________ to refuse to follow a decision of its own which, although not expressly _____, cannot, in its opinion, stand with a decision of the House of Lords; and (3) the Court of Appeal is not ______ to follow a decision of its own if given __________.
7. Unlike the House of Lords, the Court of Appeal does not have liberty to ________ its own earlier decisions.
8. A decision is given per incuriam when the _______ has acted __________ of a ____________of its own or of a court of ____________ which covered the case before it, in which case it must decide which case to _________; or when it has acted in ignorance of a House of Lords decision, in which case it must follow that decision; or when the decision is given in ignorance of the terms of a__________ or rule having statutory ________.
9. In its _______________ the Court of Appeal applies the same principles as on the _________, but _________ that there are exceptions (a) where the _______ is in prison and in the full _____________ wrongly so; (b) where the court thinks that the law was ___________ or misapplied; and (c) where the full court is carrying out its _______ to lay down principles and guidelines in relation to __________.
10. A Divisional Court is bound by its own previous decisions, regardless of how many ________ are sitting, with limited exceptions in __________, subject always to the per incuriam ______. Faced with ________ earlier decisions the court is _____ to decide which to follow.
11. Divisional Court decisions bind _______ of first instance, even of a different division, but not the Employment Appeal __________.