Судебные Инны

Барристер допускается к практике только в том случае, если он «был призван» (to be admitted) в профессию «Судебным Инном». Судебные Инны – это школы-гильдии (guilds). Их четыре: Греевская школа-гильдия, Линкольская школа-гильдия, Внутренний Темпл и Средний Темпл. Судебные школы-гильдии – очень старая английская традиция. Своими корнями (to date back to) она уходит в XIV век. По существу судебные школы-гильдии – профессиональные организации барристеров, в которые издавна объединялись английские адвокаты. С недавних пор в школы-гильдии принимаются для обучения и практики только обладатели университетских дипломов (the University degree owner).

Чтобы стать барристером, необходимо провести определенное время в школе-гильдии, это время измеряется необычной единицей – «обеденными сессиями» (dinners). Как правило, ежегодно проводится четыре сессии. В течение одной сессии необходимо отобедать (to dine) в столовой своей школы-гильдии по крайней мере три раза. Но чтобы быть принятым в барристеры, требуется посетить (to attend) не менее семи сессий. В давние времена совместные застолья были призваны облегчить установление контактов (to facilitate) между барристерами и теми, кто хочет быть посвященным в это «сословие».

Text b Judges

Task: read the text and focus on its main points.

The judge is the presiding officer of the court. The statutory basis for the appointment of judges dates from the Act of Settlement 1700¹. Under the original arrangements the districts were grouped into 60 county court circuits, each with its own judge appointed by the Lord Chancellor from barristers of at least seven years’ standing. On the re-organisation of the criminal courts under the Courts Act 1971 the existing county court judges became Circuit judges. Every Circuit judge is by virtue of his or her office capable of sitting as a judge for any county court district and at least one is assigned to each district by the Lord Chancellor. A full-time District judge is barred from legal practice. District judges were formerly called registrars; the change of title reflected the fact that their functions are now judicial. They are responsible for procedural steps in court proceedings. Their administrative functions have now been transferred to substantial staffs of clerks and bailiffs.

Judges themselves are not a separate profession: they are barristers who have demonstrated competence in litigation and have been elevated to the bench², itself a name derived from the part of the Court where they sit. A barrister always enters the judiciary at the lower trial level. He is thereafter promoted, if he proves successful in the initial judicial post.

The traditional function of judges is to apply existing rules of law to the case before them. The judge decides the interpretation of the law. After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.

Judges are capable of “making law” both through the interpretation of statutes and the doctrine of precedent. When an Act of Parliament makes no provision for the case in question and there is no existing precedent, the judge must, if necessity, create a new law.

Judges are not under the control of Parliament, or the Civil Service. The independence of the judiciary is a fundamental principle of constitutional law. Closely related to judicial independence is the doctrine of judicial immunity.

The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with the professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs)³. They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense”⁴ and understanding of their fellow human beings.

Magistrates are selected by special committees in every town and district. Nobody, even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.

The work of the Magistrates’ Courts⁵ throughout the country depends on the unpaid services of JPs.

Notes:

¹ Act of Settlement – акт о престолонаследии

² be elevated to the bench – возвысить до положения судьи

³ Magistrate, Justice of the Peace (JP) – судья, мировой судья

⁴ “sound common sense” – (зд.) чувство здравого смысла

⁵ Magistrates’ Court – суд магистратов, мировой суд (рассматривает дела о мелких преступлениях)

Ex. 1. Say if these statements are true or false.

1. The judge is the presiding officer of the court.

2. Every Circuit judge is capable of sitting as a judge for one county court area.

3. A part-time district judge is barred from legal practice.

4. Here was the change of judges titles but their functions remained the same.

5. Judges themselves are a separate profession.

6. A barrister always enters the judiciary at the highest level.

7. The judge decides the interpretation of the law.

8. Judges are capable of “making law” through the doctrine of precedent.

9. Judges are under the control of Parliament.

10. Judicial independence is a fundamental principle of constitutional law.

11. Professional judges are paid salaries by the state.

12. Magistrates are also professional judges but they deal with less serious crimes.

13. Magistrates are selected by special committees in every town and district.

Ex. 2. Here are the answers to some questions on the text. What are the questions?

1. The Act of Settlement 1700.

2. The existing country court judges became Circuit judges.

3. A full-time district judge is barred from legal practice.

4. Registrars are responsible for procedural steps in court proceedings.

5. They are barristers who have demonstrated competence in litigation.

6. If he proves successful in the initial judicial post.

7. The judge summarizes the case for the jury.

8. The judge must, if necessity, create a new law.

9. The doctrine of judicial immunity.

10. The professional judges.

11. Justices of the Peace.

12. The committee tries to draw Magistrates from different professions and social classes.

13. The unpaid services of JPs.

Ex. 3. Complete the following sentences:

1. The judge is ...

2. On the reorganization of the criminal courts …

3. The Lord Chancellor assigned …

4. Registrars are responsible for …

5. The statutory basis for the appointment of judges dates from ...

6. Judges are barristers who ...

7. The traditional function of judges is ...

8. Judge’s summing up is ...

9. Judges “make law” through ...

10. The fundamental principle of constitutional law is ...

11. Judicial immunity means ...

12. The professional judges deal with ...

13. Magistrates or Justices of the Peace are ...

14. JPs are selected by ...

Ex. 4. Explain and expand on the following:

1. The judge is a presiding officer of the court.

2. There was the re-organization of criminal courts under the Courts Act of 1971.

3. Judges themselves are not a separate profession.

4. A barrister enters the judiciary at the lower trial level.

5. The judge decides the interpretation of the law.

6. Judges are capable of making laws.

7. Judges are not under the control of Parliament.

8. Alongside with the professional judges there are unpaid judges.

9. Magistrates are selected by special Committees.

Ex. 5. Points for discussion:

1. Long period of standing.

2. Entering the judiciary.

3. Functions of judges.

4. Judicial independence and immunity.

5. The appointment of Magistrates and their work.

6. Professional judges.

Text C US Attorneys

Task: fill in suitable adjectives from the box.

federal judicial powerful faithful political considerable

T he Justice Department is responsible for _________ execution of the laws under the president’s authority. The main administrators of ________ law enforcement are the ninety four US attorneys, appointed by the president on the advice and consent of the Senate. Unlike federal judges, they are _________ appointees who serve at the pleasure of the president and are expected to relinquish their positions with the government changes.

There is a US attorney in each federal __________ district. US attorneys have __________ discretion, which makes them ___________ political figures in the community. Their decision to prosecute or not affects the wealth, freedom, right, and reputation of individuals and organizations in the district.