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Сидоркина Е.В. Английский язык для юристов. Ч. 1

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3.a professional who speaks for the accused and advises him/her in court

4.somebody who has seen a crime happen

5.a professional who assists the lawyer of the accused

6.a group of people in court who decide whether somebody is innocent or

guilty

7.somebody whose job is to deter people from committing crimes and to arrest those who break the law

8.a professional who represents the state in court

9.somebody who notes down that is said in court

COMPREHENSION

14. Say if the following statements are true or false. Comment on the true statements and correct the false ones:

1.The US Supreme Court is composed of six judges, who are called Law

Lords.

2.The decisions of the Supreme Court are binding for all lower courts.

3.The courts of the federal judiciary hear both civil and criminal cases appealed from state courts.

4.There are 94 federal districts courts in the USA.

5.A jury is a group of three, five or sometimes seven persons.

6.Some of the states have their own independent systems of courts.

7.In all states judges are elected and hold office for fixed periods.

8.A policeman is a professional who represents the state in court.

9.An accused is somebody who has been charged with committing a crime.

10.The district courts have original jurisdiction in all cases.

11.Police court can consider criminal cases.

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12. The Court of Appeals has only appellate jurisdiction.

15. Choose the correct alternative in each case to complete the sentence:

1.The United States is divided into ______ districts, or circuits, and within each are federal district courts.

a) 24 b) 50 c) 12 d) 94 e) 16

2.The US Supreme Court has _____ justices.

a)9

b)8

c)12

d)14

e)24

3.The court hearing only specific dispute is _________. a) police court

b) magistrate court c) juvenile court d) district court

e) municipal court

4.The lowest courts in the federal system are the ________. a) trial courts

b) district courts c) state courts d) federal courts

e) municipal courts

5.A group of people in court who decide whether somebody is innocent or guilty is called __________.

a) judges b) justices

c) magistrates d) jury

e) policemen

6.A ______________ is the process of examining a case in a court of law and deciding whether someone is guilty or innocent.

a) jurisdiction

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b)appeal

c)prosecuting

d)evidence

e)trial

7. The judge will hear the next ____________ after lunch.

a)case

b)charge

c)matter

d)trial

e)dispute

8.District court cases are heard by ________. a) a judge

b) a judge and a jury c) a jury

d) a magistrate e) a Chief Justice

9.All the federal judges are appointed________. a) for ten years

b) for life

c) for two years d) for seven years e) for four years

10.Most crimes and violations of private life, civil law cases are matters for

_________.

a) state court adjudication

b) the US Supreme Court adjudication c) tax court adjudication

d) district court adjudication e) municipal court adjudication

DISCUSSION

16. Answer the following questions:

1.How many levels is the US Judiciary divided into?

2.What cases do federal district courts handle?

3.Who appoints Federal district court judges?

4.What is the head of the judicial power in the USA?

5.Who does the Supreme Court consist of?

6.What are the duties of Justices?

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7.What jurisdiction does the Court of Appeals have?

8.How many Courts of Appeals are there in the USA?

9.What is the role of the lowest courts in the federal system?

10.What kind of cases do they try?

11.Is a jury trial provided in all cases?

17. Combine the whole information of the previous lessons and make a topic about the USA judicial system.

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READING

1. Read and translate the following international words:

system

administration

proceedings

structure

appeal

session

committee

normally

category

type

final

instrument

action

general

criminal

instance

original

civil

organization

validity

competence

2. Read and translate the text. Then agree or disagree with the statement:

- The courts in Great Britain are divided into three large groups: civil courts, criminal courts and courts of Appeal.

CIVIL COURTS IN THE UK

The structure of the court system in Britain is many-layered. There is law regulating the organization and competence of the courts. There is no written constitution, hence no Constitutional Court in Great Britain. So, the courts cannot question the authority of the constitutional validity of the statutes; they can only interpret them.

British law is divided into two parts civil and criminal. There are also two types of courts dealing with civil and criminal jurisdictions. Besides, there are many special tribunals, for example, industrial tribunals dealing with labour disputes.

Both criminal and civil courts in England and Wales primary hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. In Eng-

land, simple civil actions, for example family matters such as divorce, are heard in either the MКРТЬЭЫКЭОЬ’ CШЮЫЭЬ or the County Courts.

More complex civil cases, such as the administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and QЮООЧ’Ь BОЧМС. 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. 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 House of Lords is the final point of appeal.

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The Court of Appeal sits in London at the Royal Courts of Justice in the Strand and consists of the Civil Division which hears appeals from the High Court and from the County Courts and the Criminal Division which hears appeals from the Crown Court.

Vocabulary notes:

1.many-layered

2.to aim

3.divorce

4.MКРТЬЭЫКЭОЬ’ CШЮЫЭЬ –

5.County Courts

6.estates

7.recovery

8.High Court of Justice

9. Chancery

-

10.Queens Bench

11.to reverse

12.to uphold

13. to bind

,

14.to leapfrog

15.bypassing

16.

barristers

 

(

,

)

Strand

(

 

)

17.

 

18.

Crown Court

 

 

 

VOCABULARY WORK

3. Find in the text the English equivalents for the following Russian wordcombinations given below:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

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4. Make some word-combinations from the following words:

1.a case

2.to hear, to review, to decide, to argue

-----------------------------------------------------------------------------

1+2

1.court

2.Crown, lower, magistrates’, county

1+2

5. Find synonyms for the following words:

1. trial

a. arbiter

2. to try

b. jurisdiction

3. judge

c. to hear

4. to explain

d. court

5. prerogative

e. to interpret

6. category

f. type

7. bench

g. evidence

8. proof

h. tribunal

6. Match each of the following types of court with explanation of what happens there:

1. appellate court

a. This is usually the highest court in a jurisdiction,

 

the court of last resort

2. crown court

b. This is where petty crimes are tried in the UK

3. high court

c. This is where a group of specially chosen people

 

examine legal problems of a particular type, such as

 

labour disputes

4. lower court

d. This is where a case is reviewed which has al-

5.ЦКРТЬЭЫКЭОЬ’

ready been heard in a lower court

e. This is where serious criminal cases are heard by

court

a judge and a jury in the UK

6. tribunal

f. This is the court of primary jurisdiction, where a

 

case is heard for the first time

 

87

Text II

7. Read and translate the text:

CRIMINAL COURTS IN THE UK

The MagТЬЭЫКЭОЬ’ CШЮЫЭЬ КЫО ЭСО ХШаОЬЭ tier of criminal court in England and

Wales, dealing with about ninety-eight percent of all criminal cas-

ОЬ. TСО MКРТЬЭЫКЭОЬ’ CШЮЫЭЬ ЭЫв ЭСО ХОЬЬ ЬОЫТШЮЬ ШППОЧМОЬ КЧН МШn- duct preliminary inquiries into the more serious crimes. They are presided over by Justices of the Peace (JPs). Justices of the Peace are appointed by the Lord Chancellor.

Indictable offences, that is, more serious ones such as theft,

assault, drug-dealing, murder, are tried in the Crown Court. The Crown Court has existed only since 1972. In almost all criminal cases, the state, in the name of the Crown, prosecutes a person alleged to have committed a crime. In the UK, 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.

Cases involving people under 17 are heard in juvenile courts. These are specially constituted magistratescourts which either sit apart from other courts or are held at a different time. Only limited categories of people may be present and media reports must not identify any juvenile appearing either as a defendant or a witness. Where a young person under 17 is charged jointly with someone of 17 or over, the case is heard in an ordinary magistratescourt or the Crown Court. If the young person is found guilty, the court may transfer the case to a juvenile court for sentence unless satisfied that it is undesirable to do so.

Vocabulary notes:

1. tier

,

2.to deal with

3.preliminary inquiry

4. indictable offence

,

5.theft

6.assault

7.to exist

8.alleged

9.defendant

10.conviction

11.jointly

12.to transfer

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VOCABULARY WORK

8. Find in the text the English equivalents for the following Russian wordcombinations given below:

1.

2.

3.

4.

5. ,

6.

7.

8.

9.

10.

11.

9. Find synonyms for the following words:

1. to handle

a. offence

2. crime

b. stealing

3. defendant

c. investigation

4. murder

d. to prosecute

5. adjudication

e. to lead

6. theft

f. to deal with

7. to charge

g. killing

8. inquiry

h. accused

9. to conduct

i. conviction

10. Complete the text using the proper words or phrases in the box and then translate them:

sentence

court

judge

evidence

prison

jail

verdict crime

 

 

case

defence

fine

 

 

 

 

 

 

 

 

 

If you commit a ____________ and are caught, you can expect to go to

_____________. Your ____________ will be heard before a _____________ and jury. The prosecution will try to show why you are guilty, while the _____________

will try to show that you are not.

When all the _____________ has been heard, the jury will be asked for their

_____________ - «Guilty» or «Not guilty». If you are found guilty, the judge will pass ______________. He might impose a two-year _____________ sentence. If you are lucky, you might get away with a ______________ of 500$. The time you actually spend in ____________ will depend on your behavior while you are there.

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11. Match a proper definition:

1. the words «case» means

a) sentence, adjudication, arbitration or

2. the word «court» in-

condemnation

b) a criminal, or an offender

volves the idea of

 

3. when we say «judge-

c) to charge, impeach, blame

ment» we mean

 

4.

It is common knowledge

d) the same as suit, action, process and

that «verdict» is

trial

5.

«Convicted» is viewed as

e) justice and punishment

6.

The word «to accuse»

f) the decision of a jury

can be interpreted as

 

7.

The word «evidence»

g) testimony, proof, ground or belief.

means

COMPREHENSION

12. Say if the following statements are true or false. Comment on the true statements and correct the false ones:

1.The House of Lords is the final court of appeal for civil and criminal cases in

the UK.

2.The court of the House of Lords consists of twelve life peers appointed from

judges and prosecutors.

2.TСО MКРТЬЭЫКЭОЬ’ CШЮЫЭЬ ЭЫв ЭСО ХОЬЬ ЬОЫТШЮЬ ШППОЧМОЬ.

3.The Crown Court considers both civil and criminal cases.

4.The Crown Court has existed only since 1972.

5.Indictable offences are tried only in the County Courts.

6.All English judges and magistrates are professional lawyers.

7.Cases involving people under 17 are heard in juvenile courts.

8.The County Courts are the lowest tier of criminal court in England and

Wales

13. The statements below are all taken from the same case. They were made orally in open court during the trial. Read them and decide who made each statement:

1) «I would like to remind you of the testimony of Mrs. Ellen Barry. She told us that her husband phoned her to say that he had had a successful day. Now, Mr.

Barry was a drugs dealer, yet when the police arrived on the scene of the crime he

СКН К ЭШЭКХ ШП 12.50 £ ТЧ СТЬ ЩШМФОЭЬ. АО КХЬШ ФЧШа ЭСКЭ СО СКН ЛШrrowed money from Mr. Swan on a previous occasion and failed to repay it».

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