Test 5 (Variant b)

1. Read the text:

THE SYSTEM OF COURTS IN THE UNITED STATES

The judicial branch has the responsibility of judging the constitutionality of acts of law.

According to the Constitution “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish”. The United States has a unique double system of judiciary: federal and state.

The federal system is headed by the US Supreme Court. The US Supreme Court is the highest tribunal in the United States. It includes a Chief Justice and eight associate justices. They are all appointed by the President and approved by the Senate.

Under the Constitution the Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers and consuls and cases in which a state is a party. In all other cases the Supreme Court’s jurisdiction is only appellate.

There are 12 Federal Courts of Appeal. The principal function of an appellate court is to review a trial court’s actions and decisions in given cases, and to decide whether the trial judge properly followed the law and legal precedent. In criminal or civil cases where a jury is used, the appellate court may have to decide whether the jury’s decision was proper.

The lower tier of the federal court system are United States District Courts. There are 91 Federal District courts throughout the country. They are trial courts of primary jurisdiction. The function of a trial court is to receive and consider evidence in a case and make judgements based on the facts and underlying law and legal precedent. District Courts primarily hear cases involving violations of federal law.

The state system of courts repeats the pattern of the federal system. It also consists of three tiers and is headed by a Supreme Court. The functions and powers of a state Supreme Court are similar to those of the US Supreme Court within the authority of a state constitution. Each state has a court of appeal. Appellate court judges review the earlier trial and determine whether or not it was fair, according to the law.

The lower tier of a state system are courts of trial. Trial courts at the state level may be divided into courts of limited jurisdiction and courts of general jurisdiction. Courts of limited jurisdiction rule on minor civil matters and minor violations of the criminal law. Courts of general jurisdiction consider more serious civil and criminal cases.

2. Answer the questions to the text:

1. Why is the USA judiciary system considered to be a unique one? 2. What is the structure of the federal system of courts? 3. What is the jurisdiction of a US District Court? 4. Does the Supreme Court of the USA have original jurisdiction or appellate jurisdiction? 5. What are the functions of the appellate courts of both federal and state systems?

3. Report the sentences:

1. In his message Mr. Hogarth wrote, ”To my regret I will not be able to attend the annual meeting of shareholders because of my illness.” 2. “You have found the son, haven’t you?” asked Harris. “No,” I replied. “I found the daughter. The son is dead.” “Bad luck,” Harris said. ”That means we are trustees for the estate until she is thirty-five, doesn’t it?” 3. “Uncle Douglas was afraid that I might spend the fifty-three thousand all at once,” she said. 4. “You cannot make any payment out of this letter of credit without the shipping documents being delivered,” the head of the department told his staff. 6. “We can arrange the payments in any way you prefer, as a quarterly or a monthly cheque,” Mr. Herond said.

4. Report the questions:

1. “Do you prefer to get the sum in traveller’s cheques or in cash?” the bank clerk asked the client. 2. “When did we make Mr. Graham’s will?” the senior partner asked the secretary. 3. “Miss Gibson, do you really realise the importance of these documents? Have you ever thought of the consequences of them being lost?” inquired Mr. Johnson trying to control his anger. 4. “You put all our fortune at stake in this business, didn’t you, John?” asked John’s wife. “Aren’t you wasting the family’s money?” she went on.

5. Change the questions into indirect ones using the following beginnings: I want to know ..., I’d like to know ..., I’m interested ..., I wonder ..., etc.:

1. How long has she been working for the firm? 2. By what time will the draft have been prepared? 3. The contract has already been signed, hasn’t it? 4. Did you contact the head office or the local branch of the bank? 5. Where is Mr Jones leaving for?

6. Put questions to the following sentences:

1. Unemployment is becoming a more and more destabilising factor for East-European countries. ( General. What factor? Disjunctive)

2. If I were you I would choose a different profession. ( Would? Why? )

3. Mr Grant has been working for the firm since 1973. (Since? Alternative )

4. You should submit the monthly budget to Mr Brommel for approval and signing. ( Whom? Should? Why? )

7. Use both, either, neither:

1. Do you want tea or coffee? ... . I don’t care. 2. The hotel is very cheap and it is ... clean ... comfortable. I do not recommend you to stay there. 3. ... you go with us ... you’ll have to spend a night in the forest alone. 4. Can ... of you speak English? 5. ... Mr Black ... Mr Brown can sign this letter but ... of them are out for lunch. 6. ... the police ... private detectives can help you in this matter, you will have to cope with it yourself.

8. Translate into English:

1. Я хотела бы приходить на работу когда мне захочется. 2. Вчера я видел такую картину! Если бы у меня была видеокамера, я бы снял отличный фильм для передачи “Сам себе режиссер”. 3. Что бы ты делал, если бы унаследовал приличную сумму денег? 4. Если бы он не женился, он бы закончил в тюрьме. 5. Что бы ты сделал, если бы нашел деньги - отдал бы полиции или оставил себе? 6. Если мы завтра не сумеем подписать контракт, мы будем вынуждены прекратить переговоры.