The United Kingdom does not have a single legal system. The law in Scotland was influenced by the Roman law and is different from the law of England, Wales and Northern Ireland.
The English legal system is centralised through a court structure which is common to the whole country.
Some important characteristics of the English law are:
English law is based on the common law tradition. By this we mean a system of ‘judge made’ law which is continuously developed through the decisions of judges in the cases brought before them. These judicial precedents are an important source of law in the English legal system.
Common law systems are different from the civil law systems of
Western Europe and Latin America. In these countries the law is codified or systematically collected to form a consistent body of legal rules.
English judges have an important role in developing case law and stating the meaning of Acts of Parliament.
English judges are independent of the government and the people appearing before them. This allows them to make impartial decisions.
Court procedure in England is accusatorial. This means that judges do not investigate the cases before them but reach a decision based only on the evidence presented to them by the parties to the dispute. This is called the adversarial system of justice.
It can be compared to the inquisitorial procedure of some other European systems where the function of the judges is to investigate the case and to collect evidence.
T e x t 2
Who is Who in the Law?
If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts:
MAGISTRATES. Magistrates are unpaid judges, usually chosen from well–respected people in the local community. They are not legally qualified. They are guided on points of law by an official, the Clerk.
SOLICITORS. After the suspect was arrested, the first person he/ she needs to see is a solicitor. Solicitors are qualified lawyers who advise the person and help prepare the defence case.
BARRISTERS. In more serious cases, or where there are special difficulties, it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court.
JURORS. A jury consists of twelve men and women from the local community. They sit in the Crown Court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent.
JUDGES. Judges are trained lawyers nearly always exbarristers, who sit in the Crown Court and Appeal Court. The judge rules on points of law, and makes sure that the trial is conducted properly. He/she does not decide on the guilt or innocence of the accused – that is the jury's job. However, if the jury find the accused guilty, then the judge will pass sentence.
T e x t 3
Solicitors and Barristers
England is unique in having two different kinds of lawyers. They are solicitors and barristers.
If a person has a legal problem, he goes to see a solicitor. Almost every town has at least one. In fact, there are about 60,000 solicitors in Britain.
Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in magistrates’ courts. He prepares the case and the evidence. He may represent his client in the lower courts. In a civil action, he can speak in the county court, when the case is one of divorce or recovering some debts. Besides, a solicitor deals with other matters. He does the legal work involved in buying a house, he writes legal letters for you, he helps you to make a will, etc.
Barristers are different from solicitors. Barristers are experts in the interpretation of the law. They advise on really difficult points, and conduct legal proceedings in the higher courts. Barristers are rather remote figures. A barrister’s client can come to him only via a solicitor.
Barristers do not have public offices in any street. They work in chambers, often in London. There are about 6,000 barristers in England. Usually only barristers can become judges in English courts.
Выполните письменно свой вариант контрольной работы:
Контрольная работа №1
Вариант 1
Упр. I: Перепишите следующие предложения, раскрывая скобки. Переведите предложения письменно.
1. Crimes committed by the juveniles (try / are tried) in juvenile courts.
2. The Lord Chancellor (appoints, is appointed) Justices of the Peace.
3. Some minor cases (hear / are heard) by 2 magistrates.
4. This case (will consider / will be considered) next week.
5. Justices of the Peace (choose / are chosen) from ordinary people
6. Magistrates (advise / are advised) on points of law by the clerk of the court.
7. A serious crime (committed / was committed) last week in this town.
8. Twelve men and women (will select / will be selected) from the local
community to try this case.
Упр. II: Заполните пропуски правильной видо-временной формой глагола. Перепишите и переведите предложения.
1. Magistrates ……….. minor cases. will be tried
2. They ………. this case two days ago. is tried
3. A serious case ………. in the Crown Court will try
last month. try
4. The County Court ………. this case in 2 days. tried
5. As this case is connected with property was tried
rights it ……… by the High Court.
6. If an offender is under seventeen, his case …… the juvenile courth
Упр. III Перепишите следующее предложения; подчеркните Participle I и Participle II и установите функции каждого из них, т.е. укажите, является ли оно определением, обстоятельством или частью глагола-сказуемого. Переведите предложения на русский язык.
1) The fine paid amounted to three hundred dollars.
2) The police investigating the case are looking for three men.
3) All criminal trials in Britain are held before a judge and a jury
consisting of twelve ordinary people.
4) Knowing English well, he translated the text without a dictionary.
Упр.IV Переведите текст письменно.
Judges in Great Britain.
In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called “Magistrates”, or “Justices of the Peace” (JPs).
They are ordinary citizens who are selected not because they have any legal training but because they have “common sense” and understand their fellow human beings. They work voluntarily. They are appointed by the Lord Chancellor on the recommendation of local advisory committees.
A case is usually heard by a bench of three magistrates who are advised on the law by the clerk of the court. There are about 30,000 magistrates and they hear over 90 per cent of criminal cases.
Besides, there is a small proportion of district judges. These are fulltime paid judges appointed by the Queen on the recommendation of the Lord Chancellor. There are about 100 district judges in England and Wales. They sit in the magistrates’ courts in the larger cities, particularly in
London. A case is usually heard by a single district judge. Barristers or solicitors of seven years’ experience can be appointed district judges. A distinctive feature of the British system in comparison with many continental systems is that it does not have law schools training judges.
Judges are chosen from lawyers who gained considerable experience as legal practitioners before they are appointed to the judiciary.
In continental systems a law graduate can choose to be a judge at the beginning of his/her career. In Great Britain they cannot.
The vast majority of judges are magistrates. A small proportion of judges are not magistrates. They are called “High Court Judges” and they deal with the most serious crimes, such as those for which the criminal must be sent to prison for more than a year. High Court Judges are paid salaries by the state and have considerable legal training.
The work of judges is not easy. They even make mistakes sometimes. These mistakes are often overruled by appeal courts. People usually say that the judge has ‘power over the lives and livelihood’ of all litigants who enter the court.. The judge’s decision may frequently affect the interests of individuals and groups of people who are not present in court. That’s why it’s true to say that the judge has burdensome responsibilities to make decisions. That’s why we say that the judge’s work is not easy.
Вариант 2
Упр. I Перепишите следующие предложения, раскрывая скобки. Переведите предложения письменно.
1. All criminal cases (start / are started) in the magistrates’ courts.
2. This serious case (referred / was referred) to the Crown Court.
3. The jury (will decide, will be decided) on guilt or innocence of this man.
4. English law (bases / is based) on the common law tradition.
5. Accusatorial procedure (means / is meant) that judges do not investigate the cases.
6. This case (will try / will be tried) by 2 magistrates.
7. This matrimonial matter (dealt with / was dealt with) the solicitor.
8. A solicitor (prepares, is prepared) the case and the evidence for the trial
Упр. II Заполните пропуски правильной видо-временной формой глагола. Перепишите и переведите предложения.
1. Baristers … really difficult matters.
2. Magistrates … on points of law by a court clerk. advised
3. I … to see a solictor on this matter yesterday. advise
4. The solictor … you how to write a will. are advised
5. If you come to see a solicitor, you … on all the will be advised
problems connected with your property. was advised
6. The solicitor … me to begin an action to recover will advise
the debt
Упр. III Перепишите следующее предложения; подчеркните Participle I и Participle II и установите функции каждого из них, т.е. укажите, является ли оно определением, обстоятельством или частью глагола-сказуемого. Переведите предложения на русский язык.
1) While entering the office they discovered that there was nobody there.
2) The evidence carefully collected and preserved was presented to the judge.
3) This is the information obtained from the victim.
4) She sent me a letter stating these facts.
Упр. IV Переведите текст письменно.