- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Chapter I law Unit 1 Introduction to Law
- •Introduction to Law
- •Vocabulary
- •Vocabulary tasks
- •The Aims of Law
- •In trouble with the law law-abiding my word is law
- •Unit 2 What Law Is
- •What Is Law?
- •Social Morality, Rules and Laws
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •Text d Sources of American Law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 8 The Constitution of the Russian Federation
- •The New Russian Constitution
- •Amendments to the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
- •Chapter V law enforcement Unit 14 Law Enforcement Bodies
- •Text a Role of Government
- •Text b Role of Police Force
- •Vocabulary
- •Vocabulary tasks
- •Unit 15 Enforcing the Law in Britain
- •Text a The English Legal System
- •Vocabulary
- •Text b The British Police
- •Vocabulary
- •Vocabulary tasks
- •Identify showing murder investigation found dead
- •Unit 16 Law Enforcement in the usa
- •Text a Protecting the Rights of the Accused
- •Text b Police Technology in the usa
- •Vocabulary
- •Vocabulary tasks
- •Federal Bureau of Investigation
- •Vocabulary
- •Vocabulary tasks
- •Unit 17 Law Enforcement in the Russian Federation
- •Text a Law Enforcement of Today
- •Vocabulary
- •Text b Application of Law Enforcement
- •Vocabulary
- •Vocabulary tasks
- •Chapter VI the courts Unit 18 The Court System of the uk
- •Text a Judicial Institutions
- •Text b Classification of the English Courts
- •Text c The Hierarchy of the Courts
- •Restrictions
- •Vocabulary
- •It is useful to know
- •For you to know
- •Vocabulary tasks
- •Text d Courts of England and Wales
- •Judicial organization
- •Unit 19 The u.S. Court System
- •Text a Understanding the u.S. Court System
- •State Courts
- •A Typical State Judicial System
- •Federal Courts
- •Text b Jurisdictions of the Federal and State Court Systems
- •The Federal Judicial System
- •9 Justices
- •12 Circuits
- •Vocabulary
- •Vocabulary tasks
- •Text c The Miranda Warning
- •Vocabulary
- •Unit 20 The Court System of the Russian Federation
- •The Court Structure
- •Vocabulary
- •Vocabulary tasks
- •Text b Jurisdiction of Courts
- •The Constitutional Court
- •Jurisdiction of the Courts of General Jurisdiction
- •The Supreme Court of the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Text c The Courts of the Subjects of the Russian Federation
- •Text d The Arbitrazh Court of the Russian Federation.
- •Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance
- •Vocabulary
- •Vocabulary tasks
- •Opening remarks at Meeting with the Judges of the Russian Court
- •Contents
- •Legal English - 1
Unit 19 The u.S. Court System
Before you read
Discuss these questions.
1 What is the general meaning of the word “court”?
2 Comment on this statement “I must speak the truth, and nothing but the truth.”
Text a Understanding the u.S. Court System
When a cause of action occurs, the plaintiff, or injured party, files a complaint [petition] with the court having jurisdiction over the matter. The petition requests a review of the facts by the court. Every plaintiff who follows the procedure for submitting a petition receives his or her day in court regardless of the merits of his or her claim. However, trial judges may almost immediately dismiss cases they deem to be frivolous, or the matter may be settled out of court prior to or even during the actual trial of the case itself.
In a civil case, the losing party may appeal at least once as a matter of right. The court that has power to hear that appeal is called the appellate court. Normally this is the intermediate appellate court since most states and the federal system have three-tiered systems. Since the facts are considered to have been determined by the trial court, the appellate court will only hear questions of law. In other words, the question becomes whether the trial court understood and acted in accordance with the law in the jurisdiction.
The following chart will help you visualize how the cases move from court to court.
Level 1 Trial Court |
Level 2 Appellate |
Level 3 Court of Last Resort |
State system: e.g., Circuit Court of Shelby County, Tennessee |
e.g. , Court of Appeals of Tennessee |
e.g., Supreme Court of Tennessee |
Federal system: District Court |
U.S. Court of Appeals |
U.S. Supreme Court |
State Courts
There are two main court systems in the United States, the federal and the various state systems.
Each of the fifty states and several territories has its own system so the chart above and the explanations below are very generalized overviews.
Level 1: Trial Court
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Also referred to as the court of general jurisdiction, the court of record, or the court of original jurisdiction
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Plaintiff versus defendant: Johnson v. Pletnikoff
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Issues of fact: what happened?
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Jury is presented with evidence and renders verdict
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Issues of law: was the defendant's action legal or illegal? judge presides over case, instructs jury on law, enters judgement
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The losing party has appeal as a matter of right to the next level.
Level 2: Appellate Court
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Intermediate appellate jurisdiction
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Appellant versus appellee or petitioner versus respondent
losing party versus winning party in the previous trial or sometimes appellee versus appellant depending on the trial court designation
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Only issues of law may be considered by the appellate court.
a. prejudicial error – remand for new trial: start over
b. reverse trial decision – judgement for appellant: loser in Level 1 becomes winner
c. affirm trial court decision – judgement for appellee: winner in Level 1 stays winner
• An appeal from this level is normally at the discretion of the next higher court.
Level 3: State Supreme Court
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Appellate jurisdiction or the court of last resort
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Appellant and appellee/petitioner and respondent
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Unless there is a conflict with the U.S. Constitution or federal law, no appeal is possible.
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The state supreme courts are the final arbiters of state law.
Examine the diagram showing the structure of a typical state judicial system.