
- •Смолікевич н. Р.
- •Glossary
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- •Glossary
- •Task 2. Legal Terms a test to check your knowledge of the legal terms. Use the clues on the left to complete the words on the right.
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- •Task 4. Complete the sentences with the appropriate words, given above them in the table.
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- •Here is a scheme of the usa court system:
- •Glossary
- •Inheritance [ln'heritans] - спадок
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Task 10.
Make sentences putting the words in the correct order.
upon / territorial / the system of courts / is / specialization / and / of general jurisdiction / built / principles of / division.
codified laws / Roman law, / based / on / of / is / consisting mainly / the Ukrainian legal system.
by / professional / justice / administered / judges / is .
have / cases / original / most / in / civil and criminal / local courts / jurisdiction.
independent / the Supreme Court / as being / is / impartial body / an / and / regarded.
the Crimean Autonomous Republic / of / the constitutionality / presidential decrees, cabinet acts / determines / legislation, / and acts of / the Constitutional Court of Ukraine.
7. the Court / in / Appeal / cases / appellate / of / procedure / and in the first instance / reviews / both.
Task 11.
Translate the English proverbs. Make explanatory notes of one of the proverbs in writing.
Every land has its own law.
Custom rules the law.
The more laws the more offenders.
There is one law for the rich and another for the poor.
A lean agreement is better than a fat judgement.
Go to law for a sheep and lose your cow.
From a foolish judge a quick sentence.
Poverty is the mother of crime.
Lawsuits consume time, and money, and rest, and friends.
A good judge conceives quickly, judges slowly.
JUDICIAL SYSTEM IN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
The United Kingdom is a unitary state consisting of four countries, but it doesn't have a single unified judicial system. There are three distinct jurisdictions in the country: England and Wales have one system, Scotland - another and Northern Ireland - a third. Each has its own court system, legal rules and juridical profession.
The accession of the United Kingdom to the European Community in 1973 has meant the addition of a further legislative authority in its legal system. The country is also a signatory of the European Convention of Human Rights and this has been incorporated into UK law.
The legal system reflects the division between civil and criminal law.
County Courts deal only with civil cases. They are also called local courts. The County Court consists of a judge of the Supreme Court, but in more valuable cases - a circuit judge and a recorder, usually without a jury. So, normally a judge considers both matters of fact and points of law. The Court decides family or bankruptcy matters, contract disputes, consumer complaints and compensation claims. Claimants, also called plaintiffs, may seek a legal remedy for some harm (damage to property) or personal injury they have suffered from.
The High Court of Justice (the High Court) hears more complex civil lawsuits, such as the administration of estates and lawsuits for the recovery of land. It has both original, that is, the first instance, and appellate jurisdiction. The High Court consists of the Queen's Bench Division, the Chancery Division, and the Family Division. It is situated in London. However, the Queen's Bench Division of the Court considers appeals from lower criminal courts, as well as civil matters.
In civil matters the Court of Appeal (Civil Division) receives appeals from the High Court and from the County Court. It can reverse or uphold a decision of the lower courts. Its decision binds all the lower civil courts. Appellants must apply for leave to appeal.
The highest court, the House of Lords, deals with civil and criminal matters (including appeals from Scottish and Northern Irish courts). It is the final court of appeal in the country. The court comprises about thirty life peers appointed from judges and barristers. They are called the Lords of Appeal or the "Law Lords".
Magistrates' Courts try mostly criminal cases, about 95 percents of all of them. They have limited powers of penalty and deal with non-serious crimes (summary offences). If there is enough evidence against the accused and the crime is not serious, a Magistrates' Court considers this case where three unpaid magistrates pass a judgment, or can also impose a punishment. A single stipendiary magistrate or three lay magistrates sit in the Magistrates' Court. Magistrates are not trained lawyers; they are just ordinary people of good reputation whom a local committee has appointed to the job. They are also known as Justices of the Peace (JPs).
The Crown Court hears more serious criminal offences (indictable offences), such as theft, assault, drug dealing, murder and appeals from Magistrates' Courts. It is the senior court of trial for criminal offences. In England and Wales, one judge with a jury of twelve people decides whether the defendant is guilty of the crime charged with. The Crown Court for the City of London is the Central Criminal Court, known as the Old Bailey. From the Crown Court, appeals against conviction or sentence lie to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.
The legal system also includes juvenile courts which deal with offenders under seventeen, coroners' courts investigating violent, sudden deaths and administrative tribunals deciding disputes between individuals, individuals and government departments. All criminal trials in the United Kingdom are held in open court.
Main responsibility for the administration of the judicial system rests on the Lord Chancellor and the Home Secretary. The Lord Chancellor acts as a head of judiciary, also serves as a cabinet minister and a speaker of the House of Lords.
The death penalty for murder was abolished in 1965.
British citizens can also appeal to the European Court of Human Rights.
Scotland has its own legal system, separated from the rest of the United Kingdom. Its law is closer to the Roman and Dutch law. Sheriff Courts handle civil and minor criminal cases without jury and more serious crimes with a jury. The High Court of Justice decides serious crimes. It comprises a judge and a jury of fifteen jurors. In Scotland there are three possible verdicts: "guilty", "not guilty" and "not proven" in contrary to British legal system with two verdicts: "guilty" and "not guilty". The High Court in Edinburgh hears all appeals from Scottish courts.
The judicial system of Northern Ireland in many aspects is similar to that operating in England and Wales. It has its own court system in which the Supreme Court of Justice comprises the superior courts: the Court of Appeal, The High Court and the Crown Court.
A common feature to all legal systems of the UK is the absence of a complete code; the sources of law include legislation and unwritten (undeveloped) or common law.
Here is a scheme of the Court System of England and Wales: