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1.ПРИНЦИПИ І МЕТОДИ ДІЯЛЬНОСТІ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ

2.НОТАРІАТ В УКРАЇНІ

3.КОНСТИТУЦІЙНЕ ПРАВО УКРАЇНИ

4.КРИМІНАЛІСТИКА

5.ИСТОРИЯ ПОЛИТИЧЕСКИХ И ПРАВОВЫХ УЧЕНИЙ

6."МАЛА" СУДОВА РЕФОРМА В УКРАЇНІ

7.ОБЩАЯ И КРИМИНАЛЬНАЯ СЕКСОЛОГИЯ

8.ЮРИДИЧНА ДЕОНТОЛОГІЯ

9.АНГЛІЙСЬКА МОВА ДЛЯ ЮРИСТІВ ENGLISH FOR LAW STUDENTS

10.СЛОВНИЧОК ЮРИДИЧНИХ ТЕРМІНІВ

11.КРИМІНОЛОГІЯ

12.ЖИТЛОВЕ ПРАВО УКРАЇНИ

13.СУДОВА РЕФОРМА В УКРАЇНІ: СТАН І ПЕРСПЕКТИВИ

14.ТЕОРІЯ ДЕРЖАВИ І ПРАВА

15.ЮРИДИЧНА ДЕОНТОЛОГІЯ

16.МІЖНАРОДНЕ ПРИВАТНЕ ПРАВО

17.ЗАКОН УКРАЇНИ Про місцеве самоврядування в Україні

18.ТРУДОВІ СПОРИ

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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