Судова система в країнах мова яких вивчається

One of 3 branches of federal government , the judiciary, consists of system of courts and headed by the Supreme Court of the US. Congress today retain the power to create and and abolish federal courts. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the US, cases affecting ambassadors, ministers and consuls of the foreign countries in the US, different controversies and bankruptcy cases. The Supreme Court is the highest court of the US. A decision of the Supreme Court cannot be appealed to any other court. All federal judges and Supreme Court justices have been members of the bar. The Supreme Court has original jurisdiction in only 2 kinds of cases: those involving foring dignitaries and those in which a state is a party. Most of cases involve interpretation of the law. A significant amount of work of the SC consists of determine whether legislation or executive acts conform to the Constitution. The UK does not have a single unified judicial system. The Court of Appeal, the High Court, The Crown Court, the Magistrate’s Court and the County Courts are administrated by Her Majesty’s Courts of Justice. The House of Lords is the highest appeal court in almost all cases in England and Wales and its decisions are binding on all lower courts. The Privy Council is the highest court of appeal for the UK in a number of areas of law, particularly devolution matters. The Supreme Court is the most important superior court of England and Wales. It consists of court of appeal, High court of Justice and Crown Court. The Court of Appeal consists of 2 divisions: the Civil and Criminal Division. The High Court function both as a civil trial court and a criminal appellate court for cases from higher courts. The Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal.

Цивільне судочинство в країнах мова яких вивчається

In the USA a civil case begins when the plaintiff, files a complaint in a court. The complaint must contian: l) a short and plain statement of the claim 2) a demand for kind of relief. The relief" might be payment of a special amount of money. When the complaint is filed, the summons is issued to the defendant. The summons tell the defendant who sued him and where he must appear. When the defendant is notified he has been sued, he must file an answer. If the defendant feels that he is the injured party, he might answer counterclaim. The parties to any lawsuit can challenge each other’s pleadings by means a “motions”. The whole proceeding questions and answers is often transcribed into a typewritten form. In The UK civil law is concerned mostly with the disputes between individuals or corporate bodies. Action is taken by the aggrieved party. Most claims are initiated by the use of a claim form. Once the claim has been filed with a court, a copy is served on the defendant with a response pack, inviting them to either admit the claim, using the form of admission or to defend it, using the form of defence. The response also contains acknowledgement of service form to confirm receipt of the claim, and a counterclaim form for the defendant to use if they wish to claim against the claimant. A defendant must respond within 14 days of service of the particulars of the claim. If the defendant does not reply to the claim, the claimant may obtain a default judgment. The court will award judgment in his favour without the trial. The court may give summary judgment against the claimant if it appears that his claim has no reasonable prospect of succeeding. Civil Justice in England and Wales is administrated mainly by the County courts and the High Court. All cases concerning goods, property are subject to Civil Procedure Rules. Cases must be prove on the balance of probability. A large number of tribunals exist most dealing with cases that involve the rights of private citizens against decisions of the state in areas such as social security, mental health and employment.