9. Прочитайте пункты а и b и найдите соответствия.

A

1. the Supreme Court

2. the Court of Appeal

3. Tribunals

4. the Divisional Courts of the High Court of Justice

5. the County Court

6. the Magistrates` Courts

B

a. the most complicated claims for debt repayment, personal injury, breach of contract, family issues, housing disputes, etc.

b. family matters, liquor licensing, betting and gaming work

c. property and money cases, cases of contract and negligence

d. the rights and obligations of private citizens towards each other and a public authority

e. appeals on points of law of general public importance – commercial disputes, family matters, etc.

f. the power to either reverse or uphold decisions of the lower civil courts

10. Соотнесите английские слова и словосочетания с русскими эквивалентами.

1. civil lawsuit a. ходатайство

2. criminal trial b.обнаружение, раскрытие

3. pleading c. письменные показания под присягой, приобщение к

материалам дела

4. service of process d. уголовное судопроизводство

5. disclosure e. средство судебной защиты

6. deposition f. состязательная бумага

7. remedy g. судебное дело, иск, тяжба

11. Работа в парах. На основе прочитанного текста обсудите сферы деятельности судов различной юрисдикции в Великобритании и представьте результаты обсуждения.

12. Прочитайте текст “The Reform of the Civil Procedure in the UK” и найдите ответы на вопросы.

1. What are the duties of the judge according to the reform?

2. Is it necessary for the parties to be present at the hearing?

3. May the parties choose the form of alternative dispute resolution themselves?

THE REFORM OF THE CIVIL PROCEDURE IN THE UK

One of the main features of the reforms is that the manage­ment of the case was removed from the hands of the litigants and passed to the judge. Under this new system of judicial case management the judge's active management of the case requires him to do the following:

• encourage the parties to settle the case or part of the case;

• to identify the true points at issue as early as possible and ensure that issues which do not require litigation are disposed .of before the case is tried;

• and to ensure that the case proceeds quickly and efficiently.

Technology should be used wherever appropriate. As many aspects of the case as possible should be dealt with on the same occasion and the case may be dealt with without the parties having to attend the court. Procedural errors are not to invali­date any part of the proceedings unless the court exercises its discretion to order that they should. Furthermore, accidental errors or omissions can be corrected at any time and the court may do this on its own initiative.

The parties should consider whether some form of alterna­tive dispute resolution (ADR) would be more suitable than lit­igation, and if so, endeavor to agree which form to adopt. Both the claimant and the defendant may be required by the Court to provide evidence that alternative means of resolving their dis­pute were considered. The Courts take the view that litigation should be the last resort, and that claims should not be issued pre­maturely when a settlement is still actively being explored. Among the most frequently used ADR methods one should mention the following:

• arbitration, where an independent, impartial third party hears both parties to a dispute and makes a decision to resolve it. However, arbitration is private rather than public, and some forms of arbitration are decided on the basis of documents only. In most cases, the arbitrator's decision is binding on both parties.

• mediation, where the disputants, not the mediator, decide the terms of the agreement. The mediator's role, however, is to check carefully that the parties are able to do what they agree to do. Mediation is now the most popular form of alternative dispute resolution in the UK and Europe as it offers solutions beyond those that a court could ordinarily impose. It is increas­ingly used in commercial, personal injury and clinical negli­gence cases.

• conciliation involves an impartial third party helping the parties to resolve their problem. They are free to agree to the resolution or not. In consumer disputes, conciliation is the first stage in the arbitration process and the conciliator is usually a member of the trade association.

• adjudication, where an independent third party considers the claims of both sides and makes a decision. Adjudicators are usually experts in the subject matter in dispute and are not bound by the rules of litigation or arbitration. Their decisions are often interim ones, i.e. they can be finalized using arbitra­tion or another process. Adjudication decisions are usually binding on both parties by prior agreement.

• expert determination, where an independent third party considers the claims and issues a binding decision. The third party is usually an expert in the subject of the dispute and is chosen by the parties, who agree at the outset to be bound by the expert's decision. It can be most suitable for determining technical aspects of a complex dispute.