UNIT 4. LEGAL SYSTEMS OF THE WORLD
STARTING UP
1.How do you understand the term “legal system”?
2.What legal systems do you know?
3.What legal system is there in the RF?
4.What systems do the UK and theUSA belongto?
READING
*A. Read the text and give Russian equivalents to words and phrases below:
Legal Systems of the World
The contemporary legal systems of the world are generally based on one of four basic systems: civil law (Roman-Germanic legalfamily), common law (Anglo-Saxon legalsystem), statutory law, religious law, customary law, or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies Law at the level of legal systems is called Comparative Law.
Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass, and common law because it is employed by the greatest number of people.
Civil law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.
This can be contrasted with common law systems; the intellectual framework of which comes from judge-made decisional law, and gives precedential authority to prior court decisions, on the principle that it is unfair to treat similar facts differently on different occasions.
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Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlaid by Napoleonic, Germanic canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous.
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis).
If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a “matter of first impression”), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
The common law – so named because it was “common” to all the king's courts across England – originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. The British Empire spread its legal system to its historical colonies, many
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of which retain the common law system today. These “common law systems” are legal systems that give great precedential weight to common law, and to the style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law.
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy). This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.
Religious law refers to ethical and moral codes taught by religious traditions. Examples include Christian canon law, Islamic sharia, Jewish halakha, and Hindu law.
The two most prominent systems, Canon Law and Sharia differ significantly in that Canon Law is based on a codified Catholic, Anglican and Orthodox law, while Sharia is derived from multiple sources, including analogical reasoning, and juridical consensus.
Customary law (also, consuetudinary or unofficial law) exists where:
-a certain legal practice is observed and
-the relevant actors consider it to be law.
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of “what has always been done and accepted by law.” Related is the idea of prescription; a right enjoyed through long custom rather than positive law.
Most customary laws deal with standards of community that have been long-established in a given locale. However the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – in example, laws against piracy or slavery (see hosti shumani generis).
In many, though not all instances, customary laws will have supportive court rulings and case law that has evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the interpretation of such law by relevant courts.
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1.Incorporate
2.Codified into
3.Intellectual framework
4.Judge-made decisional law
5.Precedential authority
6.Inquisitorial system
7.Legislative statutes
8.Promulgated
9.Inherited
10.Singular legislator
11.Juridical consensus
12.Idea of prescription
**B. Answer the following questions using the information from the text:
1.What are the main legal systems in the world today?
2.What are the main features of each law system described in the
text?
3.What is the source of law in religious and customary law systems?
4.What is the most widespread legal system in the world? Why?
GRAMMAR:
Unreal Conditionals
UNREAL CONDITION (PRESENT AND FUTURE SITUATION)
SECOND CONDITIONAL
Example 1:
You are dreaming: If I were a diplomatic agent, I would protect all human rights.
There is no real possibility. You are just imagining the situation.
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Example 2:
You are sharing your dreams with your colleague: If I had a promotion, I would make you “my right hand”.
The situation is also unreal.
Second Conditional is formed in the following way:
if + Past Simple would / could / might etc. + the main verb
If I were you, I would take this advantage.
UNREAL CONDITION (PAST SITUATION)
Example 1:
Last week your colleagues went to the conference to Germany. You didn’t know about it but it was your dream to visit Germany. So when you met your colleagues you said:
If I had known you went to Germany, I would have gone with you.
But this is not real at the moment.
Example 2:
Your friend went bankrupt last week. But you didn’t know you about it. So you say:
If you had told me about your problems, I could have lent you some money.
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Third Conditional is formed in the following way:
if + Past Perfect would / could / might etc. + have + past participle
If I had looked the weather forecast, I would have learnt about the coming hurricane.
We use the Third Conditional to talk about an unreal situation in the past.
Mixed Conditionals
1. When the if-clause refers to the unreal situation in the present and the main clause refers to the unreal situation in the past we use
If + Past Simple would / could / might + have + past participle
If I were you, I would have taken this job offer.
2. When the if-clause refers to the unreal situation in the past and the main clause refers to the unreal situation in the present we use
If + Past Perfect would / could / might + the main verb
If you had done it in time, you wouldn’t have such problems now.
*A. What would you do in each situation? These are UNREAL PRESENT situations:
•call an ambulance
•try to find his parents
•scream
•make a complaint
•call the police
•walk to the nearest petrol station
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1.You find a something strange one in your soup.
2.You see a robber stealing something in the shop.
3.You see a mouse in your house.
4.There is no petrol in your car.
5.You see somebody has lost his consciousness.
6.You see a child who is lost.
*B. Write a conditional sentence for each situation:
1. I wasn't hungry, so I didn't eat anything.
If I’d been hungry, I would have eaten something.
2.The accident happened because the man crossed the road in the wrong place.
3.I didn’t know that Lack had a morning flight, so I didn’t wake
him up.
4.I could buy the flat only because the bank approved the credit.
5.I went by bus because I had no money for taxi.
**C. Complete the following sentences in column A using the correct choice from column B:
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A |
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B |
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1. |
Everyone on board the plane |
a) If I had not been to a doctor. |
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would have died. |
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b) if you had taken him |
to the |
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2. |
If |
the |
officials |
hadn’t |
fun-fair. |
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stopped the poor man. |
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c) if the plane had crashed. |
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3. |
If the climbers had found an |
d) she could have bought |
some |
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easy way. |
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expensive clothes. |
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4. |
I |
would |
be in a |
hospital |
e) so many people wouldn’t have |
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now. |
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been killed. |
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5.We would have got wet.
6.If he had had enough time last summer.
7.I might have come to your
help.
8.If the driver had not slept.
9.The young boy would have been very happy.
10.If her father had been rich.
f)he could have built his small house in two days.
g)if we hadn’t taken our umbrellas.
h)they could have reached the top easily.
i)he would have gone on a holiday.
j)if I had had time last Sunday.
**D. Put the verbs in brackets into the correct form. Pay attention to Mixed Conditionals:
a)If I (be) you, I (go) on a business trip last week.
b)I (visit) this country last year if you (tell) me about your idea.
c)You (pass) the final exams successfully if you (be) more hardworking.
d)If he (listen) to me, he (be) a top executive now.
e)If you (stay) in bed last week, you (feel) better at the present
moment.
**E. Fill in the gaps using the verbs in brackets. Some verbs must be in the negative in order to make sense:
1. |
If you .......................................... |
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late again for training again today |
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(to be), I |
.......................................... |
you play in tomorrow’s match. (let) |
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2. |
I.................................... |
all |
August in Thailand (to spend) |
if |
I .......................................... |
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the time and the money. (to have) |
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3. |
I ......................................................................... |
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angry (to be) |
if |
you .......................................... |
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my chocolate mousse. (to eat) |
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4. |
If just |
one person .......................................... |
my birthday |
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(remember), I .......................................... |
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sad. (to be) |
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5. |
You............................................................ |
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sorry |
(to |
be) |
if |
you |
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.......................................... |
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for your exams. (to revise) |
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6. |
I .......................................... |
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that umbrella inside the house (open) if |
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I .......................................... |
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you. (to be) It's bad luck. |
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7. |
We..................................................................... |
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(to |
eat) |
out |
if |
there.......................................... |
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no food at home. (to be) |
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8. |
The holidays .......................................... |
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great (to be) if the weather |
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.......................................... |
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better. (to be) |
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9. |
I .......................................... |
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out with him (to go) even if you |
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.......................................... |
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me. (to pay) |
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10. If you .......................................... |
me about the concert (to tell), |
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I .......................................... |
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(to go) |
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11. If |
you .......................................... |
so much beer (to drink), you |
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.......................................... |
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so fat. (to be) |
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12. If |
I............................................... |
you |
were coming (to |
know), |
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I .......................................... |
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a cake. (to bake) |
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13. The world .......................................... |
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a better place (to be) if |
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politicians .......................................... |
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less vain. (to be) |
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14. You................................................... |
it |
better |
(to |
do) |
if |
you |
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.......................................... |
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more time over it. (to take) |
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15. If I ............................................................. |
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more about computers |
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(to understand), I.......................................... |
help you out. (to be able to) |
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READING:
*A. Read the texts on the legal system of the United Kingdom:
The legal system in the United Kingdom
The United Kingdom has three legal systems, each of which applies to a particular geographical area. English law and (Welsh law) applies in England and Wales, Northern Ireland law applies in Northern Ireland, and Scots law applies in Scotland.
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While these three systems diverge in the more detailed rules, there are also substantive fields of law which apply across the United Kingdom.
The United Kingdom does not have a single legal system because it was created by the political union of previously independent countries. Article 19 of the Treaty of Union, put into effect by the Acts of Union in 1707, created the Kingdom of Great Britain, but guaranteed the continued existence of Scotland’s separate legal system.
The Acts of Union of 1800, which combined Great Britain and Ireland into the United Kingdom of Great Britain and Ireland, contained no equivalent provisions but preserved the principle of separate courts to be held in Ireland, of which the part called Northern Ireland remains part of the United Kingdom.
The Supreme Court of the United Kingdom is the highest court in the land for all criminal and civil cases in England and Wales and Northern Ireland, and for all civil cases in Scots law. The Supreme Court came into being in October 2009, replacing the Appellate Committee of the House of Lords. In England and Wales, the court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High
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Court of Justice (for civil cases) and the Crown Court (for criminal cases). The Courts of Northern Ireland follow the same pattern.
In Scotland the chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. Sheriff courts have no equivalent outside Scotland, as they deal with both criminal and civil case loads.
The Judicial Committee of the Privy Council is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies.
There are also immigration courts with UK-wide jurisdiction – the Asylum and Immigration Tribunal and Special Immigration Appeals Commission. The Employment tribunals and the Employment Appeal Tribunal have jurisdiction throughout Great Britain, but not Northern Ireland.
European Union law is actively transposed into the UK legal systems under the UK parliament's law-making power, in fulfillment of its EU treaty obligations, not inherently by acts of the European Union Parliament.
*B. Answer the questions:
1.How many legal systems are there in the UK?
2.What contributed to creating the UK legal system?
3.What is the function of the Supreme Court of the United Kingdom?
4.Does the European Union law influence the UK legal systems? If yes, in what way?
*C. Give Russian equivalents to the following words and word combinations:
diverge apply
put into effect
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provisions civil cases
highest court of appeal
the British Crown dependencies law-making power
treaty obligations law-making power
the European Union Parliament
*D. Read the text which consists of three parts and answer the question in the title:
How are laws made in the UK?
PART A.
The predominant sources of law in the UK are:
•primary legislation known as Acts of Parliament or Statuses which begin life as drafts called Bills;
•secondary or delegated legislation such as statutory instruments, bye-laws, and professional regulations.
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A new act is passed in order to:
•update or amend existing legislation;
•legislate for new circumstances;
•ensure UK compliance International or European Union law;
•consolidate laws by bringing together into one statute all the existing statutes in one topic;
•codify rules.
Parliament can enact any law it chooses or repeal obsolete laws which are no longer relevant.
PART B.
The government may proceed to initiate a consultative process by the publication of a Green Paper in which its proposals are set out at an early stage with the intention of attracting public response and comment.
The government’s White Papers contain their more definite proposals, although these are often published following consultation or discussion with pressure groups, professional bodies, or voluntary organizations. A Bill does not have to be preceded by a White or Green Paper, although it may have been presented for public security, that is, examination, in draft from earlier.
PART C.
All Acts must be submitted to both Houses of Parliament in the draft dorm of a Bill. The legislative process involves three readings in both Houses. At the first reading, the title is read to Members of Parliament (MPs); at the second reading, VPs debate proposals.
Then a standing committee will scrutinize the provisions in the Bill and may amend it to ensure that it enshrines the principles debated and approved at the second reading. This is reported back to MPs. At the third reading, the Bill is re-presented.
The Bill then goes through readings in the upper house. The actual drafting of the legislation is undertaken by Parliamentary Council. Finally,
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a Bill must receive Royal Assent from the monarch before it becomes law on a specified date. In fact, this stage has been reduced to a formal reading of the short title of an Act in both Houses of Parliament and is now a formality.
Government Bills are introduced by the Government; Private Members Bills are proposed by MPs. Both methods may result in Public Acts that govern the general public. Private Acts affect particular individuals or institutions.
Find verbs in part A that can be used to make word combinations:
1.______________ Acts of Parliament
2.______________ new statutes
3.______________ existing legislation
4.______________ obsolete law
5.______________ statute law, case law and amendments into one
Act
6. ______________ law by repealing and re-enacting in one statute provisions of a number of statutes on the same subject
Complete the sentences. Look at parts A and B to help you. Pay attention to the grammatical context.
1. An order made under authority delegated to a governmental minister by an Act of Parliament is known as a ______________.
2. A ______________ is made by a local authority or a public or nationalized body and has to be approved by central government.
3.Charities like Oxfam and Help the Aged can act as
______________, lobbying for law reform.
4.The Committee needs to ensure the Bill incorporates the principles agreed so they check it by ______________ ______________
______________.
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A visiting Russian colleague is asking an English solicitor about the legislative process. Replace the underlined words in their conversation with alternatives from part C. Pay attention to the grammatical context. There is more than one possibility for two of the answers:
Natasha: How is new legislation enacted?
Charles: Well, initially the (1) draft legislation has to be (2) presented to both Houses. The draft is (3) discussed several times. A Committee has the job of checking that the Bill (4) incorporates the fundamental elements (5) agreed at the second reading. After this, the Bill is (6) shown again to the lower House.
Natasha: Who does the (7) formal writing of the legislation?
Charles: It is (8) done by qualified barristers employed as civil servants, known as Parliamentary Council.
Natasha: Who can (9) put forward Bills?
Charles: The government and, less commonly, MPs.
***E. Make a round table discussion:
prepare the round table discussion on reforming the Russian legal system in recent years.
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