Court system of Britain

The British courts are organized in three tiers (ярус), like a pyramid. At the bottom of the pyramid are the lower courts, in the middle – the appellate courts, at the top – the highest court, the House of Lords. The pyramid has two arms: for civil cases and for criminal cases.

Lower courts hear most civil cases (divorce or bankruptcy) and «minor» crimes – offences (illegal parking). These courts are called magistrates’ courts (with three judges at a trial). In Britain there are about 700 magistrates’ courts and about 30,000 magistrates. The magistrate is an unpaid judge, without any legal training, a respected citizen of his locality (местность).

Then go county courts (with one professional judge trained as a barrister) where only civil cases are heard. There are two types of advocates in Britain: solicitors (50,000) and barristers (5,000). Solicitors work for clients (preparing documents for buying or selling houses, making wills, etc.), represent them in lower courts and prepare cases for barristers to present in higher courts.

More serious criminal cases go to the Crown Court (90 branches in town and cities) where one professional judge and a jury fix the punishment (sentence). The Crown Court can be considered as higher appellate court which deal with appeals (petitions). The next higher courts are the House of Lords, the European Court of Justice and the European Court of Human Rights.

The legal system also includes juvenile courts (which deal with offenders under 17), coroners’ courts which investigate violent, sudden or unnatural deaths), administrative tribunals (which deal with disputes between individuals, and disputes between individuals and state departments over taxation, for example).

Besides (кроме) a judge, a barrister, a prosecutor, a plaintiff, a defendant, witnesses there is a jury at a criminal trial. Jury (6 or 12 people) listen to the evidence and decide whether (ли) the defendant is guilty or innocent. This is called the verdict. The judge applies the law and gives the sentence. If a juror is not impartial in a concrete case, he can be challenged by the judge. There are two types of challenges: a challenge for cause and a peremptory challenge.

F. Выберите правильный вариант ответа на вопросы:

1. What is the highest court in Britain?

   1. the House of Lords

   2. the European court of Human Rights

2. What is the highest court in Europe?

   1. the Crown Court

   2. the European court of Human Rights

3. What court does an Englishman go when he divorces?

   1. juvenile court

   2. magistrates’ court

4. Who can serve as a magistrate?

   1. a person trained in law

   2. any respected person

5. When does a person go to the county court?

   1. when he/she appeals in a civil case

   2. when he/she starts a criminal case

6. What advocates are the most numerous (многочисленные) in Britain?

   1. solicitors

   2. barristers

7. What British advocates are more qualified?

   1. solicitors

   2. barristers

8. What court hears criminal cases?

   1. a county court

   2. the Crown Court

9. In what court does a jury appear (появляются)?

   1. in a magistrate court

   2. in the Crown court

10. What court deals with unnatural deaths?

    1. administrative tribunal

    2. coroners’ court

11. Who applies the law at a trial?

    1. a jury

    2. a judge

12. Who decides whether a defendant is guilty or innocent?

    1. a jury

    2. a judge

13. When is a juror challenged by the judge?

    1. when he/she is impartial

    2. when he/she is not impartial

G. Вставьте подходящие по смыслу слова в пропуски:

Three, individuals, appellate, appeals, solicitor, European Court of Human Rights, witness, barrister, peremptory challenge, verdict

1. When a person makes a will he goes to a … .

2. When a person appeals he goes to a … .

3. In the middle of the court pyramid there are … courts.

4. When a person is not satisfied (не удовлетворен) with the decision of the House of Lords he goes to the … .

5. In a magistrate court there are usually … magistrates.

6. County courts and the Crown Court deal with … .

7. Administrative tribunals deal with disputes between … and state departments.

8. A … gives the evidence at a trial.

9. A jury reaches the … .

10. When a judge doesn’t explain the cause (причина) of a juror’s challenge it is called … .

H. Ответьте на вопросы:

1. What is the structure of the British court system?

2. What cases are heard by magistrates’ courts?

3. What judge is a magistrate?

4. What cases are heard by county courts?

5. What is the difference between solicitors and barristers?

6. What cases does the Crown Court hear?

7. Who presides (председательствует) in the Crown Court?

8. What other types of courts are there in Britain?

9. What does each of them deal with?

10. Who takes part at a trial?

11. What does each of them do?

12. What is the difference between a judge and a jury?

13. Why can a juror be challenged by the judge?

14. What types of British courts do you know?

15. What types of British legal professions do you know?