The Republic of Belarus is a 1 … democratic state with the rule of law. The Constitution of the Republic of Belarus establishes the principle of the supremacy of law under which the State and all government 2 … act within the limits of the 3 … and the 4 … adopted in accordance with it.
State power in the Republic is exercised on the basis of its division into three 5 …: legislative, executive and 6 …
The President of the Republic of Belarus is the 7 … of State. He is elected by general, free, equal, direct and secret ballot to 5-year terms. And there are no limits on the number of 8 … for the President.
The Parliament, i.e. the National Assembly of the Republic of Belarus, is the representative and 9 … body and consists of two Chambers, or Houses, the House of 10 … and the 11 … of the Republic.
Under the Constitution, the House of Representatives consists of 110 members elected on the basis of universal, free, equal and direct suffrage, by secret ballot. A member of the House of Representatives must be a citizen of the Republic of Belarus reaching the age of 21.
The Council of the Republic is the Chamber of territorial representation. In each region and in the city of Minsk, 8 members of the Council of the Republic are 12 … by secret ballot. Eight other members are 13 … by the President. A member of the Council must be a citizen of the Republic of Belarus reaching the age of 30 and a resident of the respective region or the city of Minsk for at least 5 years.
The Government, i.e. the Council of 14 … of the Republic of Belarus, is the central body of the 15 … power in the Republic and is headed by the 16 …Minister. In its activities, the Government is 17 … to the President and 18 … to the Parliament.
The judicial system of the Republic of Belarus is made up of the Constitutional Court, courts of general 19 … and 20 … courts. The 21 … Court decides issues regarding the constitutionality of laws and other governmental actions that arise in the cases it hears. The 3-tier system of general courts includes district (city) courts; regional and Minsk city courts; and the Supreme Court of the Republic of Belarus. The system of economic courts has 2 tiers: the economic courts of the regions and Minsk and the Supreme Economic Court of the Republic of Belarus.
As guaranteeing personal rights and 22 … to the citizens is the ultimate goal of the State, the Constitution proclaims that everyone is 23 … before the law and has the right, without any 24 …, to equal protection of one’s rights and legitimate interests.
| Constitutional branches subordinated laws Representatives Ministers | elected jurisdiction Head freedoms Constitution executive | legislative Prime reports unitary Council equal | judicial appointed officials discrimination terms economic |
3d Year 6th Term
UNIT IV
THE UNITED STATES JUDICIARY
BEFORE READING.
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1.1 Understanding the concept ‘judiciary’.
Judiciary is a collective term for all courts and judges of a country.
In the following table there are words and word combinations that go together with the word ‘courts’.
| COURTS | ||||
| According to the gravity of the case | According to the kind of the case | According to the jurisdiction | According to the system of government | |
| 1 lower = minor = inferior нижестоящие 2 higher = major = superior вышестоящие | 1 civil гражданские 2 criminal уголовные | 1 of first instance = of original jurisdiction = trial первой инстанции 2 of appeals = of appellate jurisdiction апелляционные 3 of Last Resort последней инстанции | 1 general общие 2 specialized специализир. | 1 federal федеральные 2 state штата |
‘JUDGE’ is the most general term for a public officer with authority to hear and decide cases in a law court. However, a judge of the Supreme Court is usually referred to as ‘ JUSTICE’ and judges of the lowest courts are called ‘ JUSTICE OF THE PEACE’ or ‘ MAGISTRATE ’.
TEXT 1
2.FIRST READING. Skim the following text and give each paragraph (1-6) a suitable heading.
The US Federal Courts
The American judiciary is very complex. Throughout the United States there are two judicial systems. One is that of the state and local courts established in each state under the authority of the state government. The other is that of the federal courts, set up under the authority of the Constitution by Congress of the United States. These two systems coexist in the US. And individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. They can sue and be sued in either system depending on what their case is about.
Federal courts have power to decide only those cases in which the Constitution, federal laws and treaties of the United States give them authority. The majority of cases handled in the federal courts are civil cases. Under the Constitution they are disputes to which the US is a party; disputes between different states and citizens of different states; cases affecting ambassadors and consuls; cases involving foreign citizens and governments; bankruptcy and maritime cases; cases arising out of violation of human rights. Criminal cases heard in the federal courts are limited by federal crimes, such as kidnapping, bank robbery, espionage, sabotage, narcotics and others.
3
The federal courts are organized like a pyramid with three tiers.
The apex of the pyramid, the highest tribunal of the United States, is the Supreme Court. It is composed of a Chief Justice and eight associate justices, all of whom are appointed by the President and confirmed by the Senate for life terms.
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The Supreme Court has both original and appellate jurisdiction. This means that some cases start or originate in the Supreme Court, while others get there on appeal from inferior federal and state courts. Under the Constitution the Supreme Court has original jurisdiction in two types of cases: (1) those affecting ambassadors and consuls; and (2) those in which states are parties. For example, the Supreme Court settled a border dispute between Texas and Oklahoma by determining which bank of the Red River formed the boundary between the two states.
The decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change its decision.
Immediately below the Supreme Court stand 12 Courts of Appeals. In the US Courts of Appeals each case is heard by a three-judge panel (three judges sitting together on the bench). Judges of these courts are appointed for life by the President with the Senate’s approval.
The courts of appeals have no original jurisdiction; they are exclusively appellate c ourts. A court of appeals accepts the facts sent to it by the lower courts. It does not receive additional facts and may not hear new evidence. Its work is to decide on disputed questions of law.
At the bottom of the federal judicial pyramid are 95 District Courts which are located in 95 judicial districts. Each state has at least one federal district court, a few have as many as four. The judges of the district courts are appointed by the President, with the advice and consent of the Senate, for life terms.
The district courts have original jurisdiction (courts of first instance or trial courts) and are the only federal courts where trials are held, witnesses are called and juries are used.
Outside the three layer federal judicial pyramid and in addition to it, Congress has established tribunals having specialized jurisdiction (Court of Claims, Customs Court, Tax Court) and administrative agencies (Patent Office, Federal Trade Commission, Interstate Commerce Commission). These agencies are not called courts but have judicial powers.
3. SCANNING READING. Quickly scan the text to find the terms which correspond to the following descriptions.
- all courts and judges of a country collectively
- the highest tribunal of the United States
- judges of the Supreme Court
- federal courts of appellate jurisdiction
- public officers with authority to hear and decide cases in a law court
- federal courts of original jurisdiction
- courts having authority to apply the law to particular cases
- agencies with specialized jurisdiction that act like courts
4. READING FOR GENERAL UNDERSTANDING. Choose the correct alternative to complete each of the sentences below. Refer to the text to make the right choice.
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1. Jurisdiction of Federal courts is limited by …
a) the Constitution
b) federal laws
c) the Constitution, federal laws and treaties of the United States
2. There are … justices in the Supreme Court.
a) 6
b) 8
c) 9
3. The Supreme Court …
a) is exclusively appellate
b) has original jurisdiction in some cases
4. The Supreme Court’s decision …
a) can be vetoed by the President
b) is final
c) can be appealed to the European Court of Justice
5. In the courts of appeals each case is heard by … judge(s).
a) one
b) three
c) fifteen
6. Courts of first instance are also called trial courts because they …
a) try hard to reach a just decision.
b) try out witnesses.
c) try civil and criminal cases.
WORD STUDY.
5.1 Find a word or a phrase in the text that has a similar meaning.
| Paragraph 1 1 exist at the same time c… 2 legal authority; power to apply the law j… 3 make a legal claim against sb s… Paragraph 3 1 layers; levels t… 2 top or highest point a… 3 authority of a court to hear a case before any other court does o… j… 4 authority to rehear a case and make a new decision a… j… | Paragraph 2 1 disputes between parties in a law court c… c… 2 inability to pay one’s debts b… 3 matters connected with the sea and navigation m… c… 4 cases involving crime c… c… 5 crime of stealing a person in order to get a ransom k… Paragraph 4 1 three judges sitting together on the bench t… j… p… 2 anything that proves sth e… Paragraph 5 1 courts having original jurisdiction c…o…f…i 2 groups of persons (from 6 to 12) chosen to give a decision on issues of fact in a law court j… |
5.2 Find in the text the English for:
Судебная система; федеральные суды; суды штатов; местные суды; сосуществовать; подпадать под юрисдикцию; подавать иск (обращаться в суд); привлекаться к суду; дела, рассматриваемые в федеральных судах; споры (разногласия); сторона в деле; члены Верховного суда; апелляционные суды; суд в составе трех судей; доказательства; окружные суды; суды первой инстанции; судебные процессы; свидетели; присяжные; специализированные суды; несудебные органы с юрисдикцией судов; палата претензий; таможенный суд; патентное бюро; Федеральная Торговая Комиссия; Комиссия по торговле между штатами;
5.3 Fill in the synonyms from the list.
To handle (a case); lower (minor); system of the courts; level (layer); litigation; court; of original jurisdiction; controversy; litigant; consists of;
| judiciary = inferior = tier = of first instance = | is composed of = tribunal = dispute = | case = party = to hear (a case) = |
5.4 Choose the words from the list to fill in the gaps.
Appealed; terms; exclusively; panel; juries; jurisdiction; witnesses; handled (heard); judicial; tiers; appellate; first; agencies; party; sued; disputed; held; judiciary;
| 1 American … 2sue and be… 3cases … in the federal courts 4 disputes to which the US is a … 5 a pyramid with three … 6life … 7 both original and … jurisdiction 8 cannot be … to any other court 9 three-judge … | 10 … questions of law 11 … appellate courts 12 federal … pyramid 13 courts of … instance 14courts where trials are … 15 … are called 16… are used 17tribunals having specialized … 18administrative … |
READING FOR DETAIL.
6.1 Read the text carefully to add information to the following statements.
1) There are two court systems throughout the United States.
2) These two systems coexist in the US.
3) The jurisdiction of the federal courts is limited.
4) The federal courts are organized like a pyramid with three tiers.
5) The Supreme Court has both original and appellate jurisdiction.
6) The US Supreme Court is the highest court of appeals in the country.
7) The work of the Courts of Appeals is to decide on disputed questions of law.
8) The Federal District Courts form the lowest level of the federal judicial pyramid.
9) Outside the three layer federal system there are courts having specialized jurisdiction.
6.2 Answer the following questions.
1) What civil (criminal) cases fall under the jurisdiction of federal courts?
2) What is the composition of the Supreme Court?
3) What kinds of cases originate in the Supreme Court?
4) How many Courts of Appeals are there in the federal judiciary?
5) What does a three-judge panel mean?
6) What is the jurisdiction of the District Courts?
7. SPEAKING. Work in pairs. Interview your partner on:
- why the American judiciary is very complex
- the areas of jurisdiction and general composition of the federal courts
- the composition and jurisdiction of the US Supreme Court
- the system of appeals
- the courts of first instance in the federal judiciary
- the courts with specialized jurisdiction
TEXT 2
1. FIRST READING. Skim the following text to see what it is about in general.