English Law

English Law is one of the major European legal systems, Roman law being the other. English law has spread to many other countries, including former English colonies such as the USA, Canada, Australia, and New Zealand.

English law has an evolving history dating from the local customs of the Anglo-Saxons, traces of which survived until 1925. After the Norman Conquest there grew up, side by side with the Saxon shire courts, the feudal courts of the barons and the ecclesiastical (church) courts. From the king's council developed the royal courts, presided over by professional judges, which gradually absorbed the jurisdictions (legal powers) of the baronial and ecclesiastical courts. By 1250 the royal judges had amalgamated the various local customs into the system of common law – that is, law common to the whole country. A second system known as equity developed in the Court of Chancery, in which the Lord Chancellor considered petitions.

In the 17th and 18th centuries common law absorbed the Law Merchant, the international code of mercantile customs. During the 19th century virtually the whole of English law was reformed by legislation; for example, the number of capital offences was greatly reduced.

A unique feature of English law is the doctrine of judicial precedents, whereby the reported decisions of the courts form a binding source of law for future decisions. A judge is bound by decisions of courts of superior jurisdiction but not necessarily by those of inferior courts.

Поширюватись, місцеві традиції, церковні суди, слід (відбиток), судовий прецедент, злочин (що карається смертною карою), право справедливості, повноваження, позов (ходотайство, позовна заява), бути зв’язаним, суд нижчої інстанції, суд вищої юрисдикції.

Task 11 . Read the text and translate all the unknown words and word combinations. Make up your own dialogues on the basis of the text

English Legal System

Law is a body of rules and principles under which justice is administered or order enforced in a state or nation. In Western Europe there are two main systems: Roman law and English law. US law is a modified form of English law.

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States (as opposed to civil law or pluralist systems in other countries, such as Scots law). It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to the American revolution is still part of the law of the United States through reception statutes, except in Louisiana, and provides the basis for many American legal traditions and policies, though it has no superseding jurisdiction.

English law in its strictest sense applies within the jurisdiction of England and Wales. Whilst Wales now has a devolved Assembly, any legislation which that Assembly enacts is enacted in particular circumscribed policy areas defined by the Government of Wales Act 2006, other legislation of the U.K. Parliament, or by orders in council given under the authority of the 2006 Act. Furthermore that legislation is, as with any by-law made by any other body within England and Wales, interpreted by the undivided judiciary of England and Wales.

The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent (stare decisis) to the facts before them. A decision of the highest appeal court in England and Wales, the House of Lords, is binding on every other court in the hierarchy, and they will follow its directions. For example, there is no statute making murder illegal. It is a common law crime - so although there is no written Act of Parliament making murder illegal, it is illegal by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the death penalty.

England and Wales are constituent countries of the United Kingdom, which is a member of the European Union. Hence, EU law is a part of English law. The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form. The European Court of Justice can direct English and Welsh courts on the meaning of areas of law in which the EU has passed legislation.

Task 12 . Complete the text using the proposed words. Discuss the text with the partner

dealt with, precedents, Continental law, civil disputes, cases, common law, codify, to apply, innocence, judge, common law systems, principle, customs, facts, interpreted, under the authority of