Английский язык. Профессиональная лексика для юриста. Учебное пособие

b)only if a case has been heard in the County Court;

c)only if a case raises a point of general public importance.

4.The Criminal Division of the Court of Appeal hears appeals about errors of law in…

a)the Magistrates’ and Crown Courts;

b)the Court of Appeal and the Supreme Court;

c)the Queen’s Bench Division and the High Court.

5.The High Court consists of…

a)3 divisions, the Chancery Division, the Family Division and the Queen’s Bench Division;

b)3 divisions: the Chancery Division, the Crown Court Division and the Division of the High Court;

c)3 divisions: the Civil Division, the Companies Court and the Crown Court Division.

6.Decisions of the High Court may be appealed to…

a)the Chancery Division;

b)the Civil Division of the Court of Appeal;

c)the County Courts.

7.The Crown Court deals with…

a)large and complex business disputes;

b)intellectual property;

c)indictable criminal cases.

8.The Magistrates’ Courts deal with…

a)summary criminal cases;

b)claims for repayment of debts;

c)bankruptcy and land.

9.The Tribunals Service makes decisions on…

a)breach of contract and housing issues;

b)social security, education, employment;

c)cases sent for sentencing and appeals.

10.Decisions of the County Courts may be appealed…

a)to the appropriate Division of the High Court;

b)to the Civil Division of the Court of Appeal;

c)to the Criminal Division of the Court of Appeal.

11.Decisions of the Crown Court may be appealed…

a)to the Chancery Division;

b)to the County Courts;

c)to the Criminal Division of the Court of Appeal.

12.Decisions of the Tribunals Service may be appealed…

a)to the Magistrates’ Courts;

b)to the appropriate Division of the High Court;

c)to the Queen’s Bench Division.

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Exercise 4. Complete the diagram which shows the hierarchy and jurisdiction of the Courts in England and Wales. Write the name of each Court in the correct box as in the example and indicate which are inferior and superior court. State the function of each branch.

Exercise 5. Complete the following text with the words and phrases from the box. Get ready to discuss the information.

Coroner’s Courts

Coroners investigate 1. __ and 2. __ or sudden deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If the death is sudden and the cause unknown, the coroner need not hold 3. __ if, after a post-mortem 4. __ has been made, he or she is satisfied that the death was due to 5. __ __. Where there is a reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified 6. __, the coroner must hold an inquest and it is the duty of the coroner’s court 7. __ how, when and where the deceased died. A coroner may sit 8. __, or in certain circumstances, with a jury. In Scotland the local procurator fiscal inquires privately into all 9. __ and 10. __ deaths and may report the findings to the Crown Office. In a minority of cases 11. __ accident inquiry may be held before the sheriff. For certain categories (such as deaths in custody) a fatal accident inquiry is mandatory. In addition, the Lord Advocate has discretion 12. __ an inquiry in the public interest in cases where the circumstances give rise to public concern.

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Exercise 6. Translate the following sentences.

Судебная система Шотландии

1. Судебная система Шотландии существенно отличается от английской и сохраняет по отношению к ней значительную самостоятельность. 2. По уголовным делам в качестве высшей и окончательной инстанции выступает расположенный в Эдинбурге Высокий уголовный суд (the High Court of Justiciary). 3. Судья этого суда вместе с 15 присяжными слушает по первой инстанции дела о наиболее серьезных преступлениях, преследуемых по обвинительному акту. 4. В качестве апелляционной инстанции Высокий уголовный суд в составе трех или более его членов рассматривает жалобы на приговоры любых шотландских судов, в том числе и вынесенные судьей этого же суда. 5. Постановления Высокого уголовного суда играют весьма важную роль в развитии шотландского уголовного права и процесса. 6. Высшая судебная инстанция по гражданским делам – Сессионный суд (Court of Session), заседающий в Эдинбурге. 7. Сессионный суд имеет внешнюю палату и внутреннюю палату. 8. В суде внешней палаты судьи рассматривают дела по первой инстанции либо единолично, либо с участием 12 присяжных.

TEXT B. Federal Courts

Read and translate the text. Get ready to discuss its main points.

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority…”

(The Constitution of the United Sates, Article III)

The United States federal courts make up the Judiciary Branch of government organized under the Constitution and laws of the federal government of the United States. Federal courts hear cases involving the constitutionality of a law; cases involving the laws and treaties of the US; ambassadors and public ministers; controversies in which the US government is a party; disputes between two or more states; admiralty law; and bankruptcy cases. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The federal court system includes the Supreme Court, district and appellate courts, special courts. The work of the federal courts touches upon many of the most significant issues of national im-

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portance, and federal judges exercise wide authority and discretion in the cases over which they preside. Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.

All of the federal courts, the US district courts are the most numerous. Congress has divided the country into ninety-four federal judicial districts, and in each district there is a US district court. The US district courts are the federal trial courts – the places where federal cases are tried, witnesses testify, and juries serve. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. These are the only federal courts where “grand” juries indict those accused of crimes and “petit” juries decide the case. Every day hundreds of people across the nation are selected for jury duty and help decide cases. Decisions of the district courts are typically appealed to the districtʼs court of appeals.

Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.

The second highest level of the federal judiciary is made up of the courts of appeals. Congress has placed each of the ninety-four districts in one of the twelve regional circuits, and each has a court of appeals. If you lose a trial in a district court, you can ask the court of appeals to review the case to see if the judge applied the law correctly. Sometimes courts of appeals are also asked to review decisions of federal administrative agencies, such as the National Labour Relation Board.

The Supreme Court is the highest court of the United States, and the only one specifically created by the Constitution. A decision of the Supreme Court cannot be appealed by any other court. The Supreme Court consists of a chief justice and eight associate justices. The Supreme Court has original jurisdiction only in two kinds of cases: those involving foreign dignitaries and those in which a state is a party. All other cases reach the court on appeal from lower courts. Decisions of the Court need not be unanimous, a simple majority prevails.

In addition to the federal courts of general jurisdiction, there are two special trial courts that have nationwide jurisdiction over certain types of cases. These are:

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1.The Court of International Trade addresses cases involving international trade and customs issues.

2.The United States Court of Federal Claims has jurisdiction over most claims for money damages against the United States, disputes over federal contracts, unlawful “takings” of private property by the federal government, and a variety of

other claims against the United States.

Although the federal courts hear significantly fewer cases than state courts, the cases they do hear tend more to be of national importance, because of the federal laws they enforce and the federal rights they protect.

Exercise 1. Match the English and Russian equivalents.

Exercise 2. Complete the following sentences.

1.The judicial power is represented by…

2.By the Constitution the courts have the power...

3.One of the most important duties of the Supreme Court is to decide...

4.The United States is divided into 94 districts each of them...

5.Almost all persons accused of committing federal crimes...

6.Another important special court is the Customs Court, which has exclusive...

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7.The federal courts deal with the most significant issues…

8.The power of federal courts extends…

9.The courts of appeals make up…

10.The US district courts are…

Exercise 3. Mark the statements which are true. Prove yourchoice.

1.Congress has the authority to create and abolish federal courts as well as to determine the number of judges in the federal judicial system.

2.The federal judges are appointed by the Senate for life, in practice, until they die, retire or resign.

3.The Supreme Court consists of a Chief Justice and nine Associate Justices.

4.Most of the cases heard by the Supreme Court are appeals from the lower federal courts.

5.Each state has at least two federal courts.

6.Usual claims are for unpaid salary, property taken for public use, contractual obligations, and personal injuries for which the Federal Government is allegedly responsible.

7.Another important special court is the customs court, which has exclusive jurisdiction over cases connected with monetary problems.

8.The federal courts have exclusive jurisdiction over traffic, juvenile and small claims.

9.Several special courts have general jurisdiction over certain types of cases.

10.All the federal judges are appointed for life terms.

11.Most crimes and violations of private life, civil law cases are matters for tax court adjudication.

12.Decisions of the federal courts may be appealed to the state court.

13.The legislative branch has no power to change the federal courts’ appellate jurisdiction.

14.The decisions of the judges must be based only on the use of written constitution, elaborate legal codes, common law tradition.

Exercise 4. Match the Russian and English counterparts. (More than one English variant is possible.)

a) начать дело (любое); начать гражданское дело/ уголовное дело; выступать по делу; судебное дело; гражданское / уголовное дело; сторона в деле; возбудить дело; вести защиту по делу; создать дело против кого-л.; перечень дел, назначенных

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к слушанию; дело об убийстве; объявить о начале слушания дела; рассмотреть дело в суде; отменить слушание дела; прекратить дело; пересмотреть дело; проиграть дело; покончить с делом без задержки; изложить дело; настаивать на разбирательстве дела; вести судебное разбирательство по (гражданскому, уголовному) делу; дело, по которому вынесен смертный приговор; дела, разбираемые на основании «общего права»; возбудить дело против кого-л. за (клевету); установить истинное (первоначальное) положение вещей/дела; взять дело назад; заниматься (данным) делом.

b) to establish a case against smb.; a cause list; to lose oneʼs case; to press the case; to state oneʼs case; to call on a case; a suit; aparty to the action; to bring an action against smb.; suits at Common Law (Common Law suits); to abandon the action; to file a suit; a legal action; to plead the cause/case; to start a (criminal) prosecution; to sue a person for (libel); to quash the case; to adjourn the case; to dispose of a case without delay; to initiate a suit/criminal proceedings; to consider the case; to reopen the case; to make out a prima facie case; a prosecution for murder; a law suit; to prosecute the case/to conduct the prosecution; to try civil actions/to try criminal prosecutions; a capital case; a criminal action/a prosecution; to handle the case; to withdraw the case, to appear.

Exercise 5. Look at the table comparing the stages of the judicial system in the USA. Speak on each stage of the court system using words and phrases from the text.

US Supreme Court Opinions (Approximately 140 signed opinions)

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Exercise 6. Answer the following questions.

1.Who is responsible for making laws in the US?

2.Name the American courts you know in the descending order.

3.How are federal courts organized?

4.Where do the Americans start litigation from?

5.What does the word “to appeal” mean?

6.What is the attitude of an average American to the United States Supreme Court?

7.What methods of selecting judges in the US do you know?

8.What is the basic difference in the jurisdiction of federal and state courts?

Exercise 7. Study the information on the State Courts. Get ready to discuss the main points.

State Courts: Organization and Role

The justice system in the United States is one of the most unique in the world. It consists of two separate levels of courts, state and federal, that can peacefully co-exist under the concept of federalism. The type of court that a case is tried in depends on the law, state or federal, that was allegedly violated. Most of the laws that govern our day-to-day living are state laws; violations of federal law include offenses involving federal government employees, crimes committed across state lines (for example, kidnapping or evading arrest), and fraud involving the national government (such as income tax or postal fraud).

State courts are essential to the administration of justice in the US because they handle by far the largest number of cases and have the most contact with the public. State courts handle the cases that people are most likely to be involved in, such as robberies, traffic violations, broken contracts, family disputes and juvenile.

The state courts have such a heavy caseload because their general, unlimited jurisdiction allows them to decide almost every type of case. Jurisdiction refers to the kinds of cases a court is authorized to hear.

Most every town or city has a court with a justice of the peace, magistrate, or judge, who is not necessarily trained in law, who handle minor criminal cases (misdemeanors or violations), less serious civil suits (involving small sums of money), traffic and parking violations. These courts are variously called municipal courts, justice of the peace courts, and magistrate’s courts. They are known

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more as courts of limited jurisdiction. Courts of special jurisdiction include courts that specialize in certain areas of law: family courts, juvenile courts, and probate courts (which deal with transfer property and money of a deceased).

Courts of General Jurisdiction. Such courts have regular jurisdiction over all cases and controversies involving civil and criminal law. Courts of general jurisdiction are typically county courts but, in less populated states, may be courts of a region that includes several counties. They may be called superior courts or district courts, and their judges are law-school graduates, often with extensive experience at the bar.

Appellate Courts. In some states the only appellate court is the state’s Supreme Court; others provide an intermediate court of appeals. A person convicted of the crime has the right to an appellate court and ultimately to the court of last resort, usually the state supreme court, whenever the trial court is alleged to have erred on a point of law. Some appeals are mandatory – the appellate court is required to hear the case (death sentences). States can also permit their appellate courts to choose which appeals they will hear in certain categories of cases. These are known discretionary appeals.

Exercise 8. Read the text and fill in the blanks with the words from the list, then be ready to speak about the functions, decisions and impact of the Supreme Court.

The US Supreme Court

The US Supreme Court is the highest court of the 1.__. It is a different kind of appeals court – its major 2.__is not correcting errors made by trial judges but clarifying the law when other courts disagree about the 3.__of the Constitution of the federal laws.

The decisions of the Supreme Court hands down on cases appealed from lower courts set 4.__for the interpretation of the Constitution and federal laws that all other courts, both state and 5.__ , must follow. This power of judicial 6.__makes the Supreme Court’s role in the government vital. Judicial review is the power of any court, when deciding a case, to declare that a law passed by a 7.__or

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an action of an executive official is invalid because it is inconsistent with the Constitution. Although district courts, courts of appeals, and state courts can 8.__the power of judicial review, their decisions are always subject to review by the Supreme Court on appeal. When the Supreme Court declares a law unconstitutional, however, its 9.__can only be overruled by a later decision of the Supreme Court or by an 10.__to the Constitution. Seven of the twenty-seven Amendments to the Constitution have invalidated decisions of the Supreme Court. However, most Supreme Court cases don’t 11.__the constitutionality of laws but the interpretation of laws passed by Congress. The decisions of the Supreme Court 12.__the lives of millions of people, from magazine editors trying to decide whether publishing a disparaging article about a famous person may make them liable for damages, to taxpayers whose tax bill may be affected by rulings about state and federal tax laws. The widespread 13.__of some cases results in lively debates in the media. Rarely everyone agrees with an outcome. Appellate 14.__ has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Congress has from time to time conferred upon the Supreme Court power to 15.__rules of procedure to be followed by the lower courts of the United States.

The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight. Power to 16.__the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate.

TEXT C. The Judicial System

in the Republic of Belarus

Read and translate the text. Make up the summary of the text in writing.

The system of courts in Belarus is based on the territorial principle and specialisation.

The judicial power in the Republic of Belarus belongs to the courts. The Court structure in the Republic of Belarus is determined by the law. The judicial power is exercised by general, economic and other courts envisaged by the legislation of the Republic.

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