Unit
5. Courts in Great
Britain and the USA
Judiciary
in Great Britain
Criminal Proceedings. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates' Court and the Crown Court, and
the courts of appeal are the Court of Appeal and the House of Lords.
The
Magistrates' Court. The
most common type of law court in England and Wales is the Magistrates' Court.
The Magistrates' Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable
offences) then go to the Crown Court. Civil cases are dealt with in County
courts.
Magistrates'
Courts have limited powers of penalty but
they may commit a convicted
offender to the Crown Court
if it is considered that the powers of the Magistrates' Court are insufficient.
Approximately 95% of all prosecutions are
dealt with in the Magistrates' Courts.
Juvenile
Courts are composed of specially trained magistrates. They try most charges
against children and young persons under the age of 18 years.
The
Crown Court. The
Crown Court is the senior court of trial for criminal offences. The courts are
established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit Judge or Recorder who sits with a jury. The Crown Court for the
City of London is the Central Criminal Court, also known as the Old Bailey.
The
Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the
Magistrates' Court.
The
Court of Appeal. The
Court of Appeal hears appeals from criminal cases heard in the Crown Courts.
The
House of Lords. The
House of Lords is the most senior and final court of appeal.
Civil
Proceedings. Civil
proceedings consist of litigation
about property, family
matters and actions to obtain
financial redress for
damage to property and personal injury. The
courts of trial for such litigation are the County Court and the High Court of
Justice.
County Courts are local
courts and are presided over by a single Judge. The High Court of Justice is
situated in London. Some cases before the High Court of Justice may be heard
before a jury.
Word
list
Judiciary
— судочинство
court
of trial — суд першої інстанції
court of appeal — апеляційний
суд
the Magistrates' Court — Магістратський
суд
the
Crown Court — Королівський суд
juvenile
court — суд у справах неповнолітніх
summary
offence — злочин, який не становить великої суспільної
небезпеки
indictable
offence — особливо тяжкий злочин
jury
— суд присяжних
penalty
— покарання; стягнення; штраф
convicted
— ув'язнений, в'язень
prosecution
— судовий розгляд
judge — суддя
to
sentence for smth. — засуджувати за щось; виносити вирок litigation — тяжба,
спір
to
obtain financial redress for smth. —
одержати фінансове відшкодування
за щось injury
— образа, кривда
Exercise
1
Fill
in the blanks.
1. There are two courts of ... and two courts of ... for criminal proceedings in England, Wales
and Northern Ireland.
2. The Magistrates' Court deals with ... .
3. More serious offences go to the ... .
4. Magistrates' Courts have limited powers of ... .
5. Magistrates' Courts may commit ... to the Crown Court.
6. Approximately 95% of all ... are dealt with in the Magistrates' Court.
7. ... courts try most charges against children and young persons under the age of
18 years.
8. The Crown Court is the senior court of trial
for.......................
9. The Crown Court may hear ... against conviction and/or ...
for some offences dealt
with at the Magistrates' Court. 10. The Court of ... hears appeals from criminal
cases heard in the Crown Court.
11. The House of Lords is the most senior and
final ....................
12. Civil proceedings consist of ... about
property, family matters and actions to obtain ... for damage to property and
personal injury.
13. County Courts are ... over by a single Judge.
14. Some cases before the High Court of Justice
may be heard before ... .
Exercise
2
Read the following sentences and decide if
they are true or false.
1. The courts of trial are the Magistrates'
Court and the Crown Court.
2. The courts of appeal are the Court of Appeal
and the House of Lords.
3. The Magistrates' Court is the senior court of
trial.
4. The Magistrates' Court deals with summary
offences.
5. More serious offences are committed to the
Crown Court.
6. Juvenile Courts try charges against convicted
offenders.
7. Juvenile Courts try most charges against
children and persons under the age of 18 years.
8. The Crown Court is the lower court of trial.
9. The Court of Appeal hears appeals from
criminal cases heard in the Crown Courts.
10. The House of Lords is the most senior and
final court of appeal.
11. Criminal proceedings consist of litigation
about property, family matters and actions to obtain financial redress for
damage to property and personal injury.
12. County Courts are local courts and are
presided over by a jury.
Exercise
3
Find words and expressions in the text which
mean:
1. the system of law courts in a country;
2. place where law-cases are held;
3. person against whom a legal action is
brought;
4. punishment for wrongdoing;
5. court where children are tried; 6. crime breaking of a rule.
Exercise 4
Ask questions to get the
following answers.
1. There are two courts of trial and two courts
of appeal for criminal proceedings in England, Wales and Northern Ireland.
2. The courts of trial are the Magistrates'
Court and the Crown Court.
3. The courts of appeal are the Court of Appeal
and the House of Lords.
4. The Magistrates' Court deals with summary
offences.
5. The Crown Court deals with indictable
offences.
6. Magistrates' Courts have limited powers of
penalty.
7. Approximately 95% of all prosecutions are
dealt with in the Magistrates' Courts.
8. Juvenile Courts try most charges against
children and young persons under the age of 18 years.
Exercise
5
Answer the following
questions.
1. What courts are there in England, Wales and
Northern Ireland?
2. What offences does the Magistrates' Court
deal with?
3. Where must the most serious offences be
committed to?
4. What charges do Juvenile Courts try?
5. What court is the senior court of trial for
criminal offences?
6. What is the most senior and final court of
appeal?
7. What do civil proceedings consist of?
8. Where is the High Court of Justice situated? Exercise
6
Complete
the following sentences by translating the words and expressions in brackets.
1. All criminal cases start in the (Магістратському суді).
2. More serious criminal cases then go to (Королівський суд).
3. Civil cases are dealt with in (судах графств).
4. Appeals are heard by (апеляційними судами).
5. The highest court of appeal in England and
Wales is (Палата лордів).
6. The legal system also includes (суди у справах неповнолітніх) which deal with offenders under seventeen.
Exercise 7
Work in pairs. Discuss the following.
- What courts do you think would
deal with:
a) careless driving?
b) a divorce case?
c) a shoplifting committed by a schoolboy?
d) an assault causing actual bodily harm?
e) a murder of a child?
Use the following expressions.
- I am sure that ... .
- I am certain that ... .
- There is no doubt
- I am not sure ... .
- I can't say for sure ... .
- I agree with you ... .
- I can't agree with you.
Exercise
8
Read
the text and translate it into Ukrainian.
THE COURT SYSTEM OF ENGLAND AND WALES
The most common type of law court in England
and Wales is the magistrates' court. There are 700 magistrates' courts and
about 30,000 magistrates.
More
serious criminal cases then go to the Crown Court which has 90 branches in
different towns and cities. Civil cases (for example, divorce or bankruptcy
cases) are dealt with in County courts.
Appeals
are heard by higher courts. For example, appeals from magistrates' courts are
heard in the Crown Court, unless they are appeals on points of law. The highest
court of appeal in England and Wales is the House of Lords. Scotland has its
own High Court in Edinburgh which hears all appeals from Scottish courts.
Certain cases may be referred to the European Court of Justice in Luxembourg.
In addition individuals have made the British Government change its practices
in a number of areas as a result of petitions to the European Court of Human
Rights.
The
legal system also includes juvenile courts which deal with offenders under
seventeen and coroners' courts which investigate violent, sudden or unnatural
deaths. There are administrative tribunals which make quick, cheap and fair
decisions with much less formality. Tribunals deal with professional standards,
disputes between individuals and disputes between individuals and government
departments (for example, over taxation).
Exercise
9
Find in the text English equivalents for the
following expressions:
-
загальне
право
- рішення
суду
- кримінальний
кодекс
- цивільний
кодекс
- Королівській
Суд
-
цивільна
справа
-
суди
графств
-
Європейський
суд у справах людини
-
правова
система
-
суд у
справах неповнолітніх
-
кримінальна
справа.
Exercise
10
Answer the following question.
1. Who is responsible for making laws in
Britain?
2. What is the difference between criminal and
civil law?
3. What is the most common type of law court in
England and
Wales?
4. Name three other types of British courts.
Exercise 11.
Read, translate and retell the text. THE
SYSTEM OF COURTS IN THE UNITED STATES
In the United States the
judiciary (which is a collective term for courts and judges) is divided into
the national (federal) and state judiciary. Each is independent of the other
with the exception that the US Supreme Court may, under special circumstances
involving federal questions, review a state court decisions.
The State courts are set up in a system that looks like the system of
Federal courts, with the Supreme Court at the top, which meets in the Supreme
Court Building in Washington, D. C. It is a beautiful building of white marble.
The figures over the entrance represent the national ideas of law and liberty.
Above the main entrance appear the words "Equal Justice Under Law".
The
US Supreme Court is the highest tribunal in the United States. It includes a
Chief Justice and eight Associate Justices. They are all appointed by the
President and approved by the Senate.
The
Supreme Court is in session from October to June. One of the most important
duties of the justices is to decide whether laws passed by the Congress agree
with the Constitution. The justices do this by interpreting the laws of
Congress and the provisions of the Constitution. If the Supreme Court decides
that the Constitution does not give Congress the power to pass a certain law,
the court declares the law to be unconstitutional. Such a law can no longer be
enforced by the President and his executive officers.
Besides
the US Supreme Court there are various district courts and courts of appeals .
They have somewhat less political importance, since their principal duty is to
settle cases where no constitutional question is at stake . These courts handle
both civil and criminal cases. Each state has at least one district court; a
few have as many as four. Each court has from one to 24 federal judges,
depending on the volume of business. All judges are appointed for life by the
President, or until they choose to resign.
Word list
judiciary — судоустрій
chief justice — головний суддя
to
enforce — здійснювати,
проводити в життя
Court of appeals — апеляційний суд
to
be at stake — бути
в небезпеці
Exercise
12 Answer
the questions.
1. What sort of court system is there in the
United States?
2. Where does the Supreme Court of the United
States meet?
3. When is the Supreme Court in session?
4. What is one of the most important duties of
the Supreme Court?
5.
How
long can a federal judge hold office? 6.
What
questions are settled by state (district) courts?
Exercise 13
Read, translate and retell
the jokes.
1
The presiding judge leans
towards one of the other judges and says to him in his ear:
"This case must be held behind closed
doors". "Why?"
"Because from that door there's a cursed
draught".
2
I warn you, says the presiding judge
solemnly, "that demonstrations of any kind are prohibited; therefore
whoever shouts "Long live! Hurrah! "or" Down with! "will be
sent outside".
The
accused from his cage begins to shout: "Hurrah! Down with! Hurrah! Down
with!"
Exercise
14
Read, translate and retell the text in indirect
speech.
In
theory, all Americans charged with a crime are equal before justice in every
American court. This is guaranteed by the "due process" and the
"equal protection" clauses to the Constitution. Justices of the
Supreme Court and of many state courts take oaths to "do equal justice to
the poor and to the rich". Unfortunately, despite all these guarantees not
all people meet with the same justice in the USA. The following text gives an
example of that. Whom does the law discriminate against most often?
THE LAW
"I definitely do not like the Law",
said Simple, using the word with a capital letter to mean police and court
combined.
"Why?" I asked.
"Because
the Law beats my head. Also because the Law will give a white man One Year and
give me Ten", tried to explain Simple.
"But
if it wasn't for the Law", I said, "you would not have any
protection".
"Protection?"
yelled Simple. "The Law always protects a white man. But if I protest, the
Law says, "What do you want, Negro?" Only most white policemen do not
say "Negro".
"Oh,
I see. You are talking about the Police, not the Law in general".
"Yes, I am talking about the
police".
"You have a bad opinion of the
Law", I said.
"The
Law has a bad opinion of me", said Simple. "The Law thinks all
Negroes are in the criminal class. The Law stops in the street and shakes me
down — me, a working man. I do not like the police".
"You must be talking
about the way-down-home-in-the South Law", I said, "not up the
North".
"I am talking about
the Law all over America", said Simple, "The North or the South. So
far as 1 am concerned, the police are not good. It was
the Law that started the Harlem riots by shooting the soldier-boy".
"Listen", I said,
"you are generalizing too much. Not all cops are bad. There are some
decent policemen — particularly in New York. Well, anyhow, if it
wasn't for the police, who would keep you from being robbed?"
"I
have been robbed", said Simple, smiling indignantly, "and there was
not a cop to be found anywhere, I could not even find a P. D. car".
"Did you report being robbed?"
"I did the first time,
but not after that. Those policemen down at the police station looked at me
like I were the robber. They asked me for all kind of identifications, from my
driving license to my draft card. That was during the war. I told them.
"How can I show you my draft card when it was in my pocket book and my
pocket book has been stolen?" They wanted to lock me up for having no
draft card".
"That does not sound plausible".
"It may not sound
plausible — but that's how it was, said Simple. "I told the Desk Sergeant
that those mugs had taken Eighty Dollars off of me at the point of a gun. The
Desk Sergeant asked where had got Eighty Dollars? I showed him my hands. I
said, "Do you see these here calluses? I work for my money", I said.
"I do not steal". The Desk Sergeant hollered, "Don't get smart,
boy, or I'll throw you into jail. That's why I wouldn't go back to any police
station to report anything since then".
"Maybe you'll be better treated next time".
"Not as long as I am black", said Simple.
"You look at everything, I regret to
say, in terms of black and white". "So does the Law".
Word
list
a clause to the Constitution —
стаття Конституції
cop —
поліцейський
P. D. = Police Department
identifications — посвідчення особи
draft card — військовий
білет
plausible — правдоподібний
Desk Sergeant — черговий сержант
mug — грабіжник,
розбійник
Don't get smart! — Не будь розумником!
Exercise
15 Answer
the questions.
1. How did Simple use the word "Law"?
Why does he dislike it?
2. What does the Law think of Negroes?
3. What facts mentioned by Simple prove that in
the eye of the Law a white man differs from a Negro?
4. What happened to Simple when he was robbed
during the war?
5. How was Simple treated at the police station?
6. Why did the Desk Sergeant threaten to send
Simple to jail?
7. Why has Simple avoided going to any police
station to report anything ever since that day?
8. In what terms does the Law look at
everything?
Exercise 16
Discuss the suggested points.
TALKING
IT OVER
1. Why is American government sometimes referred
to as "Uncle Sam"?
2. The structure of the national Government is
based on the US Constitution of 1787 which regulates its work. How is American
Government organized?
3. The President of the USA exercises great
powers. How is it ensured that the President gets in touch with all civilian
and military nerve centres? (Use the information of the tables "The
Cabinet" and "The Presidency".)
4. They say that in Washington, D. C. politics Uis the No. 1 topic of conversation. Why do you think it is so?
5. Do white and coloured people enjoy equal
rights under the American Constitution? Whose interest does the Law in
capitalist countries protect? Can you give any examples from books or
newspapers?
6. If politics is a serious topic of
conversation, why do you think there are so many jokes on politics? What do
they make fun of? Do you remember any of them?
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