Part 1. The uk justice system
FUNDAMENTALS The court system of England and Wales is represented by 2 types of judicial institutions: courts and tribunals. Look at the diagram below. You can see four tiers of courts:
The UK system of tribunals is represented by Employment Tribunal and Employment Appeal Tribunal, as an example. Actually, there are other tribunals which have first-tier and upper tribunals for appeal.
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Core Vocabulary 2
judicial branch of power – судебная ветвь власти justice system – система правосудия court system – система судов indictment – обвинительный акт indictable – подлежащий преследованию по обвинительному акту conviction – обвинительный приговор sentence – приговор суда, определяющий меру наказания first-instance case – дело, рассматриваемое в суде первой инстанции point of law – вопрос права first-tier tribunal – трибунал первого уровня
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Justice – судья верховного суда judge – судья остальных уровней magistrate – мировой судья district judge – районный судья circuit judge – окружной судья recorder – мировой судья по уголовным делам Lord Chief Justice – лорд-главный судья Magistrates’ Court – мировой суд County Court – суд графства Crown Court – суд Короны High Court – Высокий суд Family Bench – отделение Высокого суда по решению дел из области семейного права Chancery Bench – суд канцлера, отделение Высокого суда, занимающееся тяжбами по завещаниям, бизнесу, земельному праву Queen’s Bench – отделение Высокого суда, суд королевской скамьи, занимающийся вопросами гражданского права |
Exercise 1
Study the diagram below using the above Core Vocabulary to help you. Speak about the court structure
THE STRUCTRE OF COURTS
Exercise 2
Scan the texts below and decide which text refers to which box of the diagram above. Then read the texts carefully and do Exercises 3, 4 and 5 below to be sure of the words and contents.
The Queens Bench Division
deals with large and/or complex claims for compensation. It also
deals with a limited number of appeals from magistrates courts or
Crown Courts, as well as reviewing the actions of organizations to
see whether they have acted legally, and with libel and slander
actions.
The UK Supreme Court deals
with civil and criminal appeals from the Court of Appeal, or in some
cases the High Court where the case involves a point of law or is of
general public importance.
Magistrates are members of
the public who are appointed by the government and agreed to preside
over the magistrates’ courts to decide cases. They don’t have
legal education but have been trained to court procedure.
Magistrates do not get any payment for their work. They deal with
less serious criminal cases, such as minor theft, criminal damage,
public disorder and motoring offences
The Family
Division deals with complex defended divorce cases, dissolution of
civil partnerships, wardship, adoption, domestic violence and so on.
It also deals with appeals from magistrates and county courts in
matrimonial cases.
District judges (magistrates'
courts) are full-time members of the judiciary who hear cases in
magistrates' courts. They usually deal with the longer and more
complex matters coming before the magistrates' courts.
The Chancery Division deals
with trusts, contested wills, winding up companies, bankruptcy,
mortgages, charities cases etc.
The Crown Court deals with
the following types of cases:- more
serious criminal offences which will be tried by judge and jury appeals
from the magistrates court - which are dealt with by a judge and at
least two magistrates convictions
in the magistrates' court that are referred to the Crown Court for
sentencing. Imprisonment
and fines in the Crown Court are more severe than in the
magistrates' court.
Examples of cases dealt with
by the county court County
courts can deal with a wide range of cases, but the most common ones
are:- consumer
disputes, for example, faulty goods or services traffic
accidents, falling into holes in the pavement, accidents at work some
domestic violence cases, but these may also be heard in the
magistrates court race,
sex and disability
discrimination
cases debt
problems, for example, a creditor demanding payment employment
problems, for example, wages or salary, dismissal.
Justices of the Supreme Court
of the United Kingdom are the judges of the Supreme Court of the
United Kingdom other than the President and Deputy President. The
Supreme Court is the highest in the whole of the United Kingdom for
civil matters, and for criminal matters from the United Kingdom
jurisdictions of England and Wales and Northern Ireland. Justices
are appointed by the Queen on the advice of the Prime Minister, who
receives recommendations from a selection commission.
The current Lord Chief
Justice, Lord Judge, is also Head of Criminal Justice and President
of the Courts of England and Wales. Lord
Chief Justices are appointed by a special panel convened by the
Judicial Appointments Commission.
There are numerous County
Courts or ‘small claims courts’ covering England and Wales,
dealing with civil matters such as financial or housing disputes,
family issues, personal injury and breach of contract.
Circuit
judges are senior judges in England and Wales who sit in the Crown
Court, County Courts and certain specialized sub-divisions of the
High Court of Justice. Circuit judges are appointed to one of seven
regions of England and Wales and sit in the Crown and County Courts
within their particular region. Some
circuit judges deal specifically with criminal or civil cases, while
some are authorized to hear public and/or private law family cases.
Some circuit judges may be asked by the Lord Chief Justice (LCJ) to
sit in the Criminal Division of the Court of Appeal. There are
currently over 600 circuit judges throughout England and Wales.
The High Court judges
currently appointed in England and Wales deal with the more complex
and difficult cases.
High
Court judges usually sit in London, but they also travel to major
court centres around the country as well as sitting in London. They
try serious criminal cases, important civil cases and assist the
Lord Justices to hear criminal appeals.
High
Court judges are assigned to one of the three divisions of the High
Court - the Queen's Bench Division the Family Division and the
Chancery Division.
Exercise 3
Find proper translation for each of the followings names of offences or legal matters
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libel and slander
дискриминация на основании нетрудоспособности
adoption
благотворительность
faulty goods
ущерб здоровью личности
consumer disputes
дефектные товары
disability discrimination
домашнее насилие, насилие по отношению к членам семьи
debt
усыновление
will
ипотека
winding up
завещание
mortgage
долг
charity
роспуск, ликвидация (компании)
personal injury
иски потребителей
domestic violence
клевета, высказанная и клевета письменно изложенная