| Andrew: Now we are studying the foundation of British Law. And I believe it would be up to the point to write about the significance of the Bill of Rights. | Андрей: Мы сейчас изучаем основы Британского права. И я считаю, что было бы уместно писать о значимости Билля о правах. |
| Robert: Good idea. It is one of the basic instruments of the British Constitution, you know. | Роберт: Хорошая идея. Знаешь, он является одним из основных инструментов Британской конституции. |
| Andrew: Yes, I know that the Bill of Rights provided the foundation on which the government rested after the Revolution of 1688. | Андрей: Да, я знаю, что Билль о правах обеспечил основу, на которую опиралось правительство после революции 1688 года. |
| Robert: As far as I remember, it made monarchy clearly conditional on the will of Parliament and provided a freedom from arbitrary government. | Роберт: Насколько я помню, Билль сделал монархию явно зависимой от Парламента и обеспечил свободу от деспотичного правительства. |
| Andrew: I wonder, if this document helped to eliminate royal interference in parliamentary matters. | Андрей: Интересно, помог ли этот документ исключить королевское вмешательство в дела Парламента? |
| Robert: Sure. Besides, it proscribed certain forms of interference in the course of justice. | Роберт: Конечно. Кроме того он даже объявил вне закона некоторые формы вмешательства в ход правосудия. |
| Andrew: And does the act touch upon the question of elections? | Андрей: А затрагивает ли этот акт вопрос выборов? |
| Robert: Yes, it states that elections must be free and members of Parliament must have complete freedom of speech. | Роберт: Да, в нем говорится, что выборы должны быть свободными и члены Парламента должны иметь полную свободу слова. |
Ex. 1. Sum up the information you have learnt from the dialogue. Make use of the following.
basic instruments, the result of the struggle, provide the foundation, to be conditional on the will, arbitrary government, to be proud of, to declare illegal, royal prerogative, to dispense with the law, suspension of laws, consent of Parliament, to levy taxes, to eliminate interference, to proscribe, course of justice, to abuse one’s authority.
VII. Translate the following into English.
| Об этике в Палате Общин | |
| Палата общин на деле главная палата парламента. Ее состав регулярно обновляется по итогам всеобщих выборов и здесь утверждают все законы. Депутаты палаты общин составляют основу правительства страны, а само правительство формируется партией, имеющей большинство в палате общин. Только член палаты общин может стать Премьер-министром Великобритании Главная роль в организации работы парламента принадлежит спикеру. Он предоставляет право выступить тому или иному законодателю, обладает правом внесения дисциплинарных наказаний. Самое суровое наказание для британского законодателя состоит в том, что спикер называет провинившегося по имени, а не “ почтенный ”. Второе обращение по имени влечет лишение парламентария права присутствия в парламенте в течение 20 дней, третье – на неопределенный срок. Спикер избирается из числа наиболее опытных парламентариев, которые ни разу не позволили усомниться в их моральном облике. | in fact is renewed to take the floor “honourable” leads to to doubt, morals |
GRAMMAR SECTION
Grammar to be revised: Participle I and Participle II.
Ex. 1. Analyze and translate the sentences with Participle I and Participle II.
a) 1. A constable must have reasonable suspicion justifying the arrest.
2. A custody officer makes a written record in the presence of the person arrested, informing at that time the person orally of the grounds of his detention.
3. Having nothing more to say the prisoner kept silence.
4. Doubting that the person arrested would appear in court the custody officer decided to detain him.
5. Having decided not to prosecute the young man the police released him without bail.
6. Having no evidence against him we won't be able to charge him.
7. Following the criminal, the police car ran into a truck.
8. Having stopped and searched the man in the circumstances you acted unlawfully.
9. I wouldn't have journalists distorting the facts of the case.
b) 1. The hearing of the cases in the International Court of Justice is under the control of President or Vice-President elected by the Court itself.
2. The Court gives advisory opinions on legal matters referred to it by the General Assembly, the Security Council and other organs authorized by the General Assembly.
3. Tribunals chaired by someone who is legally qualified often consist of lay people.
4. Tribunals normally do not employ staff or spend money themselves, but their expenses are paid by the departments concerned.
5. It takes much longer to have a case heard in the Crown Court than in the Magistrates Court.
6. It is a royal prerogative to pardon a person convicted of a crime or to remit all or a part of a penalty imposed by a court.
7. When heard in public, such cases always attract a lot of public.
Ex. 2. Fill in the blanks with the appropriate Participle I from the box.
| searching, lying, fitting, investigating, suspecting, belonging, relating, conveying. |
1. To inform a juvenile's parents of his arrest is sometimes a heavy responsibility... on the custody officer.
2. All the suspects... to a "similar group" should be paraded separately.
3. The... officer can request a video identification if a suspect refuses an identification parade.
4. He attacked the policeman... him to the police station.
5.... that a young man had stolen a valuable ring from a jeweller a constable arrested him.
6. These documents were not the evidence... to the offence.
7.... the man suspected of drug-trafficking a policeman found some heroin on him.
8. Sergeant Brown saw a person... the description of the burglar, stopped and searched him.
Ex. 3. Fill in the blanks with Participle II from the box.
| filed, concerned, decided, unpaid, selected, composed, heard, investigated |
1. In Britain the vast majority of judges are...
2. Magistrates... by special committees in every town and city are also called Justices of the Peace.
3. Cases... in Magistrates' Courts can be appealed to the Crown Court.
4. Petitions... to the European Court of Human Rights resulted in some change in practices in a number of areas.
5. A sudden death of a pop star... by the coroner's court was quite a shock for the city.
6. The Supreme Court is reviewing the case... in a lower court.
7. The Federal judicial system... of three tiers is like a pyramid.
8. Supreme Courts... with legal matters including the legality of government acts have no role in legislation.
Ex. 4. Transform the following sentences so as to use Participle I as an attribute.
Model: You should address the officer who investigates homicides.
You should address the officer investigating homicides.
1. Legal systems usually have codes of conduct for the police which limit the time and the methods they can use to question suspects.
2. Mrs. Littlewood, 29, had her conviction of an assault which caused actual bodily harm to the policeman.
3. The police have found the evidence that proves his involvement in the crime.
4. The police shall arrest the pickets who sit down in the highway.
5. An identification officer who supervises the process and records its details should be present at the parade.
6. The man became violent, produced a weapon and attacked the policeman who was conveying him to the police station.
7. A man who is carrying a big new bag with a price tag on it might have stolen it.
Ex. 5. Join the two sentences into one using Participle II.
Model: The International Court of Justice consists of fifteen judges. They are elected for a nine-year term by the General Assembly.
The International Court of Justice consists of fifteen judges elected by the General Assembly for a nine-year term.
1. The County Courts were to facilitate the recovery of small debts. These courts were established in 1894.
2. The appeal will be heard on Monday. It was permitted direct from the Court of Summary Jurisdiction to King's Bench.
3. Cases of street collisions, hire – purchase and nuisances are heard by the County Courts. In such cases the claim should not exceed one hundred pounds.
4. Assizes are an integral part of the High Court. They are held three or four times a year at provincial towns.
5. The paintings haven't been found yet. They were stolen from the museum.
6. The man was knocked down in the street. He claimed damages to the car driver.
7. The International Court of Justice is the principal judicial organ of the UN. It was established by the Charter of the United Nations.
Ex. 6. Answer the questions using Participle I as an adverbial modifier of 1) time, 2) cause(reason), 3) circumstances (manner). Mind the form of the Participle.
Model 1: When did the police find stolen goods? (to conduct a search in the house).
While conducting a search in the house the police found stolen goods.
1. When did a patrolman see a burglar? (to be on duty)
2. When did Smith resist the police? (to arrest unlawfully)
3. When did the constable become still more suspicious about the man? (to listen to his answers)
4. When do local community and religious leaders check on condition of detention? (to visit the police station without warning)
5. When was the suspect interviewed? (to take to the police station)
Model 2: Why was he the most eligible for suspicion? (to have previous convictions for theft from cars)
Having previous convictions for theft from cars he was the most eligible for suspicion.
1. Why did the policeman decide to check on the adjacent street? (to alert by radio of a burglary)
2. Why is he placed in an extremely uncomfortable moral position? (to be a holder of the confidential information)
3. Why didn't he stop and search the man? (not to have reasonable suspicion)
4. Why didn't he identify the man at the parade? (not to see him before)
5. Why wasn't he released on bail? (not to have money to make bond)
6. Why didn't the arrested man understand anything? (to read his rights in the language he didn't know)
Model 3: How did he spend the day? (to make a house to house inquiry).
He spent the day making a house to house inquiry.
1. How did the police find a robber? (to use the information of the informant).
2. How did you and your partners spend the last night? (to patrol in the park).
3. How did a drunken man drive his car? (to violate all the traffic rules).
4. How did he get his money? (to import and supply cocaine).
5. How did they conduct the arrest? (to exceed their powers).
6. How did the officer spend the whole day? (to make a written record of his actions).
Ex. 7. Change the adverbial clause so as to use Participle II as an adverbial modifier.
Model: When he was asked about the accident he said nothing new.
When asked about the accident he said nothing new.
1. When a defendant is found guilty by the magistrates he may appeal to the local Crown Court.
2. If the International Court of Justice is requested it gives an advisory opinion on any legal question.
3. If in Northern Ireland a man is accused of a terrorist – type offence he is tried in non-jury courts to avoid any intimidation of jurors.
4. As the divorce was disputed by one of the parties it was transferred to the Family Division of the High Court.
5. Though foreign lawyers may be employed in Japanese law companies, they are not allowed to work on cases that involve Japanese laws.
6. Any member of the public may witness a court case, although he is not given the right to speak.
7. As the defendant was embarrassed by the question he didn't know what to say.
Ex. 8. Choose the appropriate form of the Participle to complete the sentences.
a) 1. (Obtaining / having obtained) the warrant the Customs officer searched the business records of Mr. Doyle.
2. (Authorizing / having authorized) the detention of a suspect beyond the initial twenty four hours the superintendant took into account all the circumstances of the case.
3. (Being arrested / having been arrested) unlawfully Mrs. Craddock complained the police actions.
4. (Being shown / showing) the suspect on video the witness didn't identify him.
5. (Being / having been) drunk the driver ran down a passer-by.
6. (Suspecting / having suspected) that the man was going to steal something the shop owner called a policeman.
7. (Threatening / being threatened) with a gun I had nothing to do but give my purse to a robber.
b) 1. Philip White seems to be a (promising/promised) lawyer.
2. A crowd of (exciting/ excited) people was waiting for the end of the trial outside the court building.
3. The process of taking an action from a lower court to the highest court may be very time -(consuming/consumed).
4. More serious offences are tried by the Crown Court, (presiding/presided) by a judge (sitting/sat) with a jury.
5. Cases (deciding/decided) by tribunals concern the rights and obligations of private citizens towards one another or towards government departments or other public authority.
6. Your proves sound (unconvincing/unconvinced).
7. (Submitting/submitted) Miss Fisher to cross-examination I wanted to get to the truth.
8. You'll have to study five years to be (qualifying/qualified) as a lawyer.
Ex. 9. Translate the sentences into English using the proper form of the Participle where possible.
1. Вы нарушили закон, не обеспечив присутствие взрослого при допросе несовершеннолетнего.
2. Судя по отпечаткам, преступников было несколько.
3. Честно говоря, я не очень доверяю показаниям этого свидетеля.
4. Сопротивляясь противозаконному аресту, они действовали в рамках закона.
5. Были обнаружены новые улики, оправдывающие его повторный арест.
6. Говоря неправду, вы лишь усугубляете свое положение.
7. Некоторым лицам, связанным с правом, не разрешается быть присяжными.
8. Мне нужны все дела в напечатанном виде, и как можно быстрее.
UNIT 4
The US Court System
Практические занятия – 12 часов.
Внеаудиторная самостоятельная работа – 14 часов.
Key vocabulary
rather than – скорее; а не...
adjudication – судебное решение, приговор; объявление к-л банкротом
limited and special authoritytiers –ограниченные и особые полномочия
resident of the district – житель района
in addition - вдобавок
military tribunal – военный трибунал
judicial circuit – юридическая сфера компетенции; выездная сессия суда
unanimous - единогласный, единодушный
intermediate appellate court – промежуточный апелляционный суд
to hear a case – слушать дело
despite this lack of awareness – не смотря на незнание
merit system - система заслуг – система найма и повышения по службе государственных служащих
ambassador - посол
copyright law – закон об авторском праве
I. Read the text and translate it into Russian.
The US Court System
Because the United States is a federal rather than a unitary system, there are federal and state courts. The judicial power of government is vested in a system in which there are several classes of courts to hear different classes of actions and perform different functions in the adjudication of cases. Within a court system each court has some limited and special authority.
The federal judicial system is composed of three tiers. The major trial courts are known as U.S. district courts. Each state has at least one, and the district court’s jurisdiction includes more than one. District court cases are heard by a single judge, who must be a resident of the district in which he presides. In addition to the district courts, several special courts created by Congress have original jurisdiction over certain types of cases, for example, tax courts, customs courts and courts martial (military tribunals).
Decisions of the district courts may be appealed to the 13 U.S. courts of appeals colloquially known as “circuit courts”. Several states comprise one federal judicial circuit. Judges in these courts usually sit in panels of three.
The Supreme Court serves as the court of the last resort for all legal cases in the United States of the literally thousands of requests for review filed each year. The Supreme Court chooses about 300 cases to consider on their merits. The Supreme Court sits en banc 1 rather than in smaller panels, and at least six of the nine justices must be present to hear a case. Decisions need not be unanimous, they are based on the will of the majority.
The United States Supreme Court enjoys high level of respect and prestige even though the public is not very knowledgable about its actual working or decisions. Despite this lack of awareness, opinion surveys consistently reveal greater public confidence in the Supreme Court than in Congress or the presidency.
States are free to structure their judicial systems as they choose. Most have chosen a four-tier model. At the lowest level are courts of limited jurisdiction, which hear minor civil and criminal cases, for example, traffic, juvenile and small claims courts which settle disputes involving small sums of money. The next level consists of state courts of general jurisdiction. Most states have a third tier, the intermediate court of appeals, as well as a top level, the state supreme court. Legal custom grants each losing litigant one appeal. In states without an intermediate appellate court, the state Supreme Court must hear these appeals.
While all federal judges are appointed for life terms by the U.S. president with the consent of the Senate, five methods are currently in use selecting judges in the states: partisan 2 election, nonpartisan elections, election by the state legislature, appointment by the governor and the merit system.
Most crimes and violations of private rights, as well as civil law cases, are matters for state court adjudication. The Constitution limits federal court jurisdiction to cases involving the Constitutions, federal law, treaties, admiralty and maritime law, and cases where ambassadors, the federal government, or two or more states are parties. The federal courts have exclusive jurisdiction over bankruptcy, patent and copyright law.
Notes:
- en banc (Lat.) – в полном составе
- partisan – приверженец политической партии, общественного течения
Ex. 1. Pair the words in column A with those from columnB.
| A | B |
| judicial | a) system |
| notable | b) jurisdiction |
| federal | c) circuit |
| original | d) decisions |
| unitary | e) judge |
| actual | f) exception |
Ex. 2. How are the following ideas expressed in one word?
1.the hearing of a civil or criminal case before a court of competent jurisdiction;
2.a person between the age of 10 and 17 who has committed a crime;
3.the power of a court to hear and decide a case or make a certain order;
4.an application for the judicial examination by a higher court of the decision of any inferior court;
5.the system of dividing into regional districts for the purpose of court administration;
6.a binding judgement determined by analysis and adjudication of the factual issues presented, rather than by the existence of a technical or procedural defect that requires one party to prevail;
7.in pleading, the facts giving rise to a right enforceable in the courts, which must show the existence of a right, an injury and damages;
8.the parties actively involved in a lawsuit;
9.the reasonable use of judicial power, i.e., the court's freedom to decide within the bounds of law action;
10. the traditional body of rules and practices related to business transacted at sea or to navigation, and always has been a body of law separate from every other jurisprudence.
Ex. 3. Match English and Russian equivalents.
| 1. unitary system | a) председательствовать |
| 2. district court | b) быть единодушным (единогласным) |
| 3. to preside | c) таможенные суды |
| 4. tax courts | d) единая система |
| 5. customs courts | e) суды с ограниченной юрисдикцией |
| 6. court martial | f) уполномочить |
| 7. to be unanimous | g) окружной суд |
| 8. state court adjudication | h) разрешение спора судом штата |
| 9. the courts of limited jurisdiction | i) налоговые суды |
| 10. to empower | j) проигравшая сторона в гражданском деле |
| 11. losing litigant | k) трибунал (военный) |
Ex. 4. Give the English equivalents for the following word combinations.
Частные лица, суды штатов, подать иск, федеральные суды, подпадать под юрисдикцию, разрешить дело в судебном порядке, Верховный суд, судебное разбирательство (тяжба), окружные суды, высшие суды, низшие суды, суд последней инстанции, рассматривать дело, апелляционные суды.
Ex. 5. Fill in the blanks with the suitable words.
The federal courts have three tiers: ______ courts, courts of ______ and the ______ Court. The ______Court was created by the Constitution; all other ______ courts were created by Congress. Most litigations occur in ______ courts. The structure of ______ courts varies from the state to state; usually there are ______ for less serious cases, ______ for more serious cases, intermediate ______ courts, and courts of last ______. State courts were created by state constitutions.
II. Complete the following text with the words and phrases from the box.
Coroner’s Courts
| violent, unnatural deaths, an inquest, examination, natural causes, circumstances, to establish, alone, sudden, suspicious, fatal, to instruct |
Coroners investigate _____ and _____ _____ or sudden deaths where the cause is unknown. Deaths may be reported to the local coroner (who is either medically or legally qualified, or both) by doctors, the police, the registrar, various public authorities or members of the public. If the death is sudden and the cause unknown, the coroner need not hold _____ if, after a post-mortem _____ has been made, he or she is satisfied that the death was due to _____ _____. Where there is reason to believe that the deceased died a violent or unnatural death or died in prison or in other specified _____, the coroner must hold an inquest and it is the duty of the coroner’s court _____ how, when and where the deceased died. A coroner may sit _____, or in certain circumstances, with a jury. In Scotland the local procurator fiscal inquires privately into all _____ and _____ deaths and may report the findings to the Crown Office. In a minority of cases _____ accident inquiry may be held before the sheriff. For certain categories (such as deaths in custody) a fatal accident inquiry is mandatory. In addition, the Lord Advocate has discretion _____ an inquiry in the public interest in cases where the circumstances give rise to public concern.
Ex. 1. Complete the following sentences.
- The judicial power is represented by a system of courts spread throughout the country and....
- By the Constitution the courts have the power....
- One of the most important duties of the Supreme Court is to decide....
- The United States is divided into 11 separate regions, each of them....
- Almost all persons accused of committing federal crimes....
- Another important special court is the Customs Court, which has exclusive....
Ex. 2. Find out whether the statement is true or false according to the information presented above.
- Congress has the authority to create and abolish federal courts as well as to determine the number of judges in the federal judicial system.
- The federal judges are appointed by Congress for life, in practice, until they die, retire or resign.
- The Supreme Court consists of a Chief Justice and eight Associate Justices.
- Most of the cases heard by the Supreme Court are appeals from the lower federal courts.
- Each state has at least two district courts.
- Usual claims are for unpaid salary, property taken for public use, contractual obligations, and personal injuries for which the Federal Government is allegedly responsible.
- Another important special court is the customs court, which has exclusive jurisdiction over cases connected with monetary problems.
Ex. 3. Choose the best way to complete the following sentences.
1. District court cases are heard by...
a) a single judge
b) a judge and a jury
c) a magistrate
2. Several special courts have... over certain types of cases.
a) general jurisdiction
b) original jurisdiction
c) special jurisdiction
3. All the federal judges are appointed...
a) for 10 years term
b) for 2 years term
c) for life terms
4. Most crimes and violations of private life, civil law cases are matters for …
a) state court adjudication
b) district court adjudication
c) tax court adjudication
5. Courts of limited jurisdiction hear...
a) serious civil and criminal cases
b) minor civil and criminal cases
c) appeals
6. Decisions of the district courts may be appealed...
a) to the state court
b) to the Supreme Court
c) to the 13 US courts of appeal
7. The federal courts have exclusive jurisdiction...
a) over traffic, juvenile and small claims
b) over bankruptcy, patents and copyright
c) over taxation, incomes and large sums of money
Ex. 4. Answer the following questions.
1. Who is responsible for making laws in the US?
2. Name the American courts you know in the descending order.
3. How are federal courts organized?
4. Where do the Americans start litigation from?
5. What does the word "to appeal" mean?
6. What is the attitude of an average American to the United States Supreme Court?
7. What methods of selecting judges in the US do you know?
8. What is the basic difference in the jurisdiction of federal and state courts?
Ex. 5. Points for discussion.
- Analyze the judicial branch of power in the United States.
- Examine the federal court system.
- The Supreme Court – the highest court of the country.
- Describe the structure and functions of Appeal Courts.
- State the role of the district courts.
- Examine special courts and their functions.
Ex. 6. Match the verbs with their appropriate explanations.
| 1 to be responsible for | a. to bring into use |
| 2 to establish | b. to deal with |
| 3 to be impartial | c. to interrogate |
| 4 to maintain | d. to spread or pass through or into every part of something |
| 5 to influence | e to be legally or morally accountable for carrying out a duty |
| 6 to exert | f. to agree definitely |
| 7 to handle | g. to set up |
| 8 to confirm | h. to prevent a decline |
| 9 to question | i. to give equal attention to all concerned |
| 10 to permeate | j. to have an effect on |
IV. Read the dialogue, reproduce it a) abridged, b) in the form of a monologue.
Dialogue 1. After the Seminar
Jack: Heather, are you through with the USA Constitution?
Heather: Oh yes, it wasn’t hard, you know. Reading and debating the Federalist Papers Americans became deeply conscious of the principles of democracy and its proper role in their life and... and all that stuff1.
Jack: How in the world do you find enough time? If things go on like this you’ll soon become a straight ‘A’ student2.
Heather: To tell the truth, I could hardly manage extra questions. You see, Constitution provides the rule of the majority, and it can be so cruel, so wrong, so oppressive to minorities that it perverts democracy itself. I mean society ought to be tolerant. And tolerance is something that we get through education, social traditions, through the instruction of family, our experiences in dealing with strangers.
Jack: You are far too deep in it yet. It’s for this purpose that constitutional law is made and it regulates relations of the kind by providing us with rights and freedoms... Of speech or expression... Why should we talk of the thing like this?
Heather: What I was asked, Jack, is to which extent these have to be restricted. The problem has been debated ever since nations originated. And, of course, I can’t be expected to solve it.
Jack: You need a bit of relaxing. What about an hour or two of music and dancing at our cafe? Some new CDs they’ve got there are terrific.
Heather: A good idea. And then we’ll have a walk to the campus under the new moon3.
Notes:
1 and all that stuff – и все такое;
2 a straight ‘A’ student – круглый отличник;
3 the new moon – молодой месяц.
Ex. 1. How is the following expressed in the dialogue?
1 an intention or plan; reason for an action
2 passing down of opinions, beliefs, customs from the past to the present
3 painful, causing suffering
4 able to understand
5 to supply
6 to argue about something with someone
7 a large group of people with a particular organization and shared customs, laws
8 the greater number or amount
9 to keep within limits
10 unjust
11 knowledge or skill which comes from practice
12 to turn away from what is right
13 the smaller number or part
Ex. 2. Present the information you have learned from the dialogue making use of the following.
To become deeply conscious, principles of democracy, to provide the rule of the majority, to be oppressive to minorities, to pervert democracy, tolerance, to regulate relations, to provide rights and freedoms, to be restricted, a bit of relaxing.
V. Render the following text into English using the topical vocabulary of the present unit.