Текст 1

THE US COURT SYSTEM

The U.S. Supreme Court

The Supreme Court of the United States was created by Sec. 1 Article III of the Constitution. Its jurisdiction is set out by statute in Title 28 of the U.S. Code. The organization of the Court is also spelled out by legislation. The Court itself develops the rules governing the presentation of cases. One of the most important powers of the Supreme Court is judicial review. While the Supreme Court is a separate branch of government, outside factors do exert some influence on the Court.

There are nine justices: a Chief Justice of the United States and eight associate justices, who are appointed by the president with the advice and consent of the Senate. Justices serve during good behavior (usually until death, retirement or resignation.)

Judicial Review

Judicial review consists of:

-The power of the courts to declare laws invalid if they violate the Constitution.

-The supremacy of federal laws or treaties when they differ from state and local laws.

-The role of the Court as the final authority on the meaning of the Constitution.

Influences on the Court

There exist both legal and political influences on the Supreme Court justices and their decisions. Among the legal influences on Supreme Court decisions are:

-The Constraints of the Facts: Courts cannot make a ruling unless they have an actual case brought before it. The facts of a case are the relevant circumstances of a legal dispute or offense. The Supreme Court must respond to the facts of a dispute.

-The Constraints of the Law: Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant. These include: interpretation of the Constitution, interpretation of statutes, and interpretation of precedent.

How Cases Make Their Way to the U.S. Supreme Court

Each year, about 4,500 cases are requested for review by the Supreme Court. Less than 200 cases are actually decided by the Court each year. There are three ways for a case to make its way to the US Supreme Court.

1) There are cases in which the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples.

2) Those cases appealed from lower federal courts can be heard at the Supreme Court. Some laws obligate (or force) the Supreme Court to hear them. But most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard.

3) The US Supreme Court reviews appeals from state supreme courts that present substantial "federal questions," usually where a constitutional right has been denied in the state courts.

In both civil and criminal law, the Supreme Court is the final court of appeal.

State Courts

-Each state has a court system that exist independently from the federal courts. State court systems have trial courts at the bottom level and appellate courts at the top. Over 95% of the nation's legal cases are decided in state courts (or local courts, which are agents of the states).

-Some states have two appellate levels, and others have only a single appellate court. States vary in the way they organize and name their courts, but they usually give some lower courts specialized titles and jurisdictions. Family courts settle such issues as divorce and child-custody disputes, and probate courts handle the settlement of the estates of deceased persons. Below these specialized trial courts are less formal trial courts, such as magistrate courts and justice of the peace courts. These handle a variety of minor cases, such as traffic offenses, and usually do not use a jury.

-Cases that originate in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried.

Federal Courts of Appeal

When cases are appealed from district courts, they go to a federal court of appeals. Courts of appeals do not use juries or witnesses. No new evidence is submitted in an appealed case; appellate courts base their decisions on a review of lower-court records. In 1990, the 158 judges handled about 41,000 cases.

There are 12 general appeals courts. All but one of them (which serves only the District of Columbia) serve an area consisting of three to nine states (called a circuit.) There is also the U.S. Court of Appeals for the Federal Circuit, which specializes in appeals of decisions in cases involving patents, contract claims against the federal government, federal employment cases and international trade.

Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court.

Federal District Courts

All federal courts, except for the U.S. Supreme Court were created by Congress. There are ninety four federal district courts across the country, with at least one in every state (larger states have up to four). There are about 550 federal district-court judges who are appointed by the president with the advice of the Senate. District courts are the only courts in the federal system in which juries hear testimony in some cases, and most cases at this level are presented before a single judge.

Court of Military Appeals

The Court of Military Appeals hears appeals of military court-martial. Usually plaintiffs and defendants in the cases heard are militaries.

Court of International Trade

The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices.

Court of Claims

The Court of Claims hears cases in which the U.S. Government is sued.

Упражнение 1. Найдите в тексте эквиваленты следующим русским терминам и выражениям

Юрисдикция, судебный надзор, занимать должность пожизненно, объявить закон юридически недействительным, суд последней инстанции, принимать постановление (о суде), споры юридического характера, компетенция в качестве суда первой инстанции, стороны (в судебном процессе), приказ об истребовании дела, апелляционный суд, суд магистрата, мировой суд, суд присяжных, доказательства, коллегия судей; сторона, подающая апелляцию; свидетельские показания, истцы, ответчики, подать иск.

Упражнение 2. Выполните перевод текста с листа

THE UK COURT SYSTEM

Civil courts

'Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper court normally deal with points of law. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates' Courts or the County Courts.

Judges have different titles depending on their experience, training, and level. A single stipendiary magistrate or three lay magistrates sit in the Magistrates' Court. There's no jury in a Magistrates' Court. Family cases may go on appeal from the Magistrates' Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or injury they have suffered. There are circuit judges and recorders who sit in the County Courts, usually without a jury. Juries ate now rare in civil actions, so normally the judge considers both law and fact.

More complex civil cases, such as the administration of estates and actions for the recovery of land, arc heard in the High Court of justice, which is divided into three divisions: Family, Chancery and Queen's Bench. The court has both original, that is, first instance, and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions bind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved. Appellants must, however, apply for leave to appeal. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number of law lords for an appeal hearing is normally three, bur generally there is a sitting of five judges.'

Criminal courts

About 9.5% of all criminal cases in England and Wales are tried in the Magistrates' Courts, which deal with petty crimes, that is, less serious ones. In certain circumstances, the court may commit an accused person to the Crown Court for more severe punishment, by way of either a fine or imprisonment. Except in cases of homicide, children under 14 and a Youth Court must always try young persons - that is, minors between 14 and 17 years of age - summarily, meaning without a jury. A Youth Court is a branch of the Magistrates' Court- Indictable offences, that is, more serious ones such as theft, assault, drug dealing, and murder are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime. In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime, she or he is charged with. The Crown Court may hear cases in circuit areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.

(Professional English in Use Law// Gillian D. Brown, Sally Rice: Cambridge University Press, 2007. – p. 14)

Упражнение 3. Закончите диаграмму в соответствии с информацией, приведенной в Упражнении 2

The court system in England and Wales

CRIMINAL CASES CIVIL CASES

(Professional English in Use Law// Gillian D. Brown, Sally Rice: Cambridge University Press, 2007. – p. 15)