MODULE COURTS AND THEIR FUNCTIONS
Unit 1 The GB Justice
Read and translate the text.
THE LEGAL SYSTEM of great britain
At the present time the English judicial system is basically pyramidal in organization.
At the top of the pyramid is one final appellate tribunal, the Supreme Court (until 2009 – the House of Lords). Beneath it is the Court of Appeal, the intermediate appellate court, which hears both criminal and civil appeals. It is
bound by the decisions of the Supreme Court and its decisions are binding
on all lower courts.
Beneath these appellate courts are two separate systems of trial courts, one for criminal cases, the other for civil cases. (This division is not, however, very
precise because, although certain courts exercise a purely civil or criminal
jurisdiction, most English courts hear both civil and criminal cases).On the civil side are the High Court - a court of general jurisdiction, and the County Courts, which have only limited jurisdiction. On the criminal side are the Crown Court, which is also a court of general jurisdiction, and the Magistrates' Courts having only limited jurisdiction.
The High Court justices and County Court judges are all barristers. The Justices of the High Court and the Count Judges are ex officious judges of the Crown Court, as well as a few lawyers who hold temporary appointments. Outside of London and a few other large cities, the magistrates are laymen, who sit only occasionally to try cases. In the largest cities there are full – time stipendiary magistrates, who must have legal training.
2. Find in the text the English equivalents of the following words and phrases:
Ø имеет форму пирамиды по структуре
Ø высшая апелляционная инстанция
Ø промежуточный апелляционный суд
Ø заслушивать апелляции как по уголовным, так и по гражданским делам
Ø две отдельные системы судопроизводства (первой инстанции)
Ø для уголовных дел
Ø для гражданских дел
Ø суды общей юрисдикции
Ø суды ограниченной юрисдикции
Ø мировые судьи не имеют юридического образования (непрофессионалы)
Ø мировые судьи, работающие на полную ставку и получающие жалованье
Ø которые временно занимают должности
3. Match the phrases in the left column with their translations in the right column:
| 1. The Court of Appeal 2. The Supreme Court 3. High Court 4. County Courts 5. Magistrates’ Courts 6. The Crown Court | а. Апелляционный суд б. суды графств в. Королевский суд г. Верховный суд д. Высокий суд е. магистратские суды |
4. Explain the following words and phrases in English:
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Laymen –
Full-time –
Stipendiary magistrate –
Legal training –
Barrister –
Ex officious –
5. Draw a scheme of the British legal system:
Listen and read the passage.
Jurisdiction
Jurisdiction is the authority to judge legal matters. Jurisdiction is given to legal bodies or political leaders. There are three main types of jurisdiction:
1. Personal jurisdiction is authority over a person.
2. Territorial jurisdiction is authority over an area.
3. Subject jurisdiction is authority over a particular subject
Jurisdiction in courts can be exclusive or concurrent. With exclusive court jurisdiction, only one court is able to decide the issue. With concurrent jurisdiction, more than one court is able to adjudicate. In this case, lawyers are able to go forum shopping. They choose the court which is more likely to rule in favor of their clients.
7. Read the text and complete the table using information from it.
| 1) | Authority over a person |
| Territorial jurisdiction | 2) |
| 3) | Authority in one particular subject |
| Exclusive Jurisdiction | 4) |
| 5) | More than one court can decide the issue |
8. Check (✓) the sentence that uses the underlined parts correctly.
1. A) The district court has subject jurisdiction over ten towns in the area.
B) The lawyer was happy when the court ruled in favor of his client.
2. A) The manager has authority over all the -workers in his team.
B) The judge went forum shopping to find a court to hoar his case.
3. A) Schools, shops and churches are legal bodies.
B) Judge Reynolds is going to adjudicate the case.
9. Write a word that is similar in meaning to the underlined part.
1. Mr Jones wants to know which court has authority over a region in this town
t_ _ _ _ _ _ _ i _ _ j_ _ _ s _ _ _ _ o _
2. The distinct court's jurisdiction in this matter is the only one.
e _ _ l _ _ _ _ _
3. In which circumstances does a court have authority over a certain type of person?
p _ _ _ _ n _ _ _u _ _ _ _ _ c _ _ _ _
4. Jurisdiction for the case is under the authority of several different courts.
_ o _ _ _ _ r_ _ _
5. Ms Carter is choosing a court to see which court is likely to rule in her client's favor.
f_ _u_ _ _ o _ _ i _ g
6. The Department of Justice is one of the organizations that enforce laws in the US. _e _ _ l _o _i _ _
7. The case is being heard in a civil court since that court has authority over the topic.
_u _ _e _ _ j _ _ _ s__c____
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Listen to a conversation between two attorneys discussing a case.