English court system

Court of Justice of the European Communities

House of Lords

Court of Appeal, Court of Appeal,

Criminal Division Civil Division

Crown Court High Court

Magistrates’ Court County Court

Exercise 3 Complete the description that refers to each court from the diagram. Translate them.

1 Claims of lesser value will start in a County Court. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters.

2 Matters of important legal dispute arising in the Crown Court may be appealed to the______________________.

3 From the Court of Appeal, there can be an appeal to the_______________________ on fact or law, but usually appeal is only allowed on matters of legal importance.

4 If the case involves a serious crime, it is heard in the_______________. It has about 70 centres around the jurisdiction.

5 In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400________________.

6 More substantial civil claims (over around £25,000) are heard in the_________________.

7 The___________________was set up under the Treaty of Rome of 1957, by which the European Community was established. The court can overrule all other courts on matters of Community law.

8 Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the__________________.

Exercise 4 Courts can be distinguished with regard to the type of cases they hear. Match each of the following types of court (1–9) with the explanation of what happens there (a–i).

1 Appellate court (or court of appeals, appeals court) 2 Crown court 3 High court 4 Juvenile court 5 Lower court (or court of first instance) 6 Magistrates’ court 7 Moot court* 8 Small-claims court* 9 Tribunal

a) this is where a person under the age of 18 would be tried; b) this is the court of primary jurisdiction, where a case is heard for the first time; c) this is where small crimes are tried in the UK; d) this is where law students argue hypothetical cases; e) this is where a case is reviewed which has already been heard in a lower court; f) this is where cases involving a limited amount of money are handled; g) this is where serious criminal cases are heard by a judge and a jury in the UK; h) this is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes; i) this is usually the highest court in a jurisdiction, the court of last resort.

moot court – навчальний судовий процес

small-claims court – суд у справах із незначною сумою позову

Exercise 5 Read and translate the text. Find out the functions in the court of every official involved in legal action.

Text b court personnel in great britain

The largest group of judges in Great Britain are magistrates. They are ordinary citizens who are not legal professionals but are respectable people involved in the running of the legal system. They sit as a group of three (as a “bench”) with a legally qualified* clerk, who can advise on points of law.

In the higher courts, the judges are almost all former barristers. But many cases are also heard by recorders* - part-time barristers from private practice. The grand jury, the common jury and the special jury sit on a criminal case, a civil case, or both. The common jury in the Crown Court consist of 12 people, aged 18 to 70.

The jury are a selected group of laymen* that hear the witnesses in legal disputes and decide the facts. A courtroom trial in which a jury decides the facts is called a trial by jury.

Before each court term, a jury commissioner* or another public officer prepares a panel*, or large initial list, of qualified jurors. For each trial, jurors are selected by lot* from this panel.

Before the trial begins, the jurors swear to decide the facts fairly. They hear the testimony given by witnesses for both sides, including cross-examinations. Then counsel for each side sum up, or summarize the case, and the judge explains the applicable law in his instructions to the jury.

In civil suits for financial damages, the jury must decide who is at fault and must determine the amount of money to be paid. In criminal cases, the jury must decide whether or not the accused is guilty “beyond a reasonable doubt”, and then either return a verdict* of guilty, or acquit* the defendant by a verdict of not guilty. If the verdict is guilty, the judge imposes the sentence, or punishment, within limits that have been fixed by the legislature. Until 1966 in England and Wales all the members of the jury had to be in agreement. Now, at least ten of the twelve jury members must agree before a verdict can be given.

legally qualified – юридично правоможний

recorder – мировий суддя з кримінальних та цивільних прав, протоколіст

laymen – непрофесіонал

commissioner – уповноважений, інспектор

panel – склад, список, персонал

lot – жереб

to return a verdict – виносити вирок

to acquit – виправдовувати, звільняти

Writing task A: answer the questions according to text B in writing.

1 What is unique in the work of Magistrates?

2 How do they qualify as the judges in the higher court?

3 What are the recorders?

4 What are the jury? What cases do they hear?

5 What kinds of the jury do you know?

6 How do the jury fulfill their duties?

Speaking task A: use the questions from writing task A as a plan to describe court personnel in Great Britain.

Exercise 6 Read arguments for or against the jury system. Discuss the problem with your partner using the following questions:

Does a jury system exist in all countries?

Must a jury system be introduced in Ukraine?

For	Against
* It’s the most democratic system, because more than one person is responsible for making decisions. * Nobody can influence a jury. * Female jurors are more sympathetic * Every modern democratic country must employ a jury system. * A jury always consists of honest people.	* A jury consists of people who are not professional lawyers. * Female jurors are too sympathetic. * Ukraine has its own juridical traditions. * Nobody can guarantee that a juror isn’t a criminal himself. * Jurors can be bribed*

to bribe – пропонувати, давати хабаря, підкуповувати

Exercise 7 Transform the verbs from Active Voice into the Passive according to the model. Translate the sentences. For references see the grammar supplement.

Model: The Japanese criticized a jury system. (Past Simple Active).

A jury system was criticized by the Japanese. (Past Simple Passive).

1 Usually professional judges make such decisions.

2 Special magistrates courts deal with juveniles.

3 The jury found the defendant guilty of kidnapping.

4 Some countries, like Russia and South Korea, don’t use a jury system.

5 The public prosecutor changed his decision.

6 Recently the government has appointed the members of the Supreme Court.

7 A barrister represents his client in court.

Exercise 8 Read and translate the text. Make a diagram of the US court system.