TEXT C
CIVIL COURTS
England and Wales
The limited civil jurisdiction of magistrates’ courts extends to matrimonial proceedings for custody and maintenance orders. The courts also have jurisdiction regarding nuisances under the public health legislation and the recovery of rates. Committees of magistrates license public houses, betting shops and clubs.
The jurisdiction of the 274 county courts covers actions founded upon contract and tort ((with minor exceptions); trust and mortgage cases; and actions for the recovery of land. Cases involving claims exceeding set limits may be tried in the county court by consent of the parties or in certain circumstances on transfer from the High Court.
Other matters dealt with by the county courts, include hire purchase, the Rent Acts, landlord and tenant, and adoption cases. Divorce cases are determined in those courts designated as divorce county courts. The courts also deal with complaints of race and sex discrimination. Where small claims are concerned (especially those involving consumers), there are special arbitration facilities and simplified procedures.
All judges of the Supreme Court (comprising the Court of Appeal, the Crown Court and the High Court) and all circuit judges and recorders have power to sit in the county courts, but each court has one or more circuit judges assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them. The judge normally sits alone, although on request the court may, exceptionally, order a trial with jury.
The High Court of Justice is divided into the Chancery Division, the Queen’s Bench Division and the Family Division. Its jurisdiction is both original and appellate and covers civil and some
Criminal cases. In general, particular types of work are assigned to a particular division. The Family Division, for instance, is concerned with all jurisdictions affecting the family, including that relating to adoption and guardianship. The Chancery division deals with the interpretation of the wills and the administration of estates. Maritime and commercial law is the responsibility of admiralty and commercial courts of the Queen’s Bench Division. A consultative power examining the issues involved in setting up a unified jurisdiction in family and domestic matters – a single “family court” – was published in mid-1986.
Each of the 80 or who judges of the High Court is attached to one division on appointment but may be transferred to any other division while in office. Outside London (where the High Court sits at the Royal Courts of Justice) sittings are held at 26 county court centers. For the hearing of cases at first instance, High Court judges sit alone. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges, or by single judges of the appropriate division, nominated by the Lord Chancellor.
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TASKS
Task 1. Check the comprehension of the texts “The Civil Law” and “Civil Courts” by choosing the answer, which, you think, is correct:
1. Family law, the law of property, the law of contract and the law of torts are the main sub-divisions of the civil law of England, Wales and Northern Ireland.
a) it is mainly true, except for the law of contract;
b) family law is not one of the main sub-divisions of the Civil Law in Northern Ireland;
c) yes, it is absolutely true.
2.There are other branches of the civil law, which include constitutional and administrative, industrial, maritime and ecclesiastical law.
a) constitutional and administrative matters are not supposed to be considered by the civil law in England;
b) yes, it is true, the above mentioned branches of law are under the jurisdiction of the civil law;
c) ecclesiastical law is not under the jurisdiction of the civil law.
3. The jurisdiction of the county courts covers actions founded upon contract and tort; trust and marriage cases.
a) mortgage cases are under the jurisdiction of criminal courts;
b).actions founded upon contract may be regarded by both civil courts and criminal courts;
d) this statement is correct, in addition the recovery of land is under the jurisdiction of the county courts.
4. All judges of the Supreme Court and all circuit judges have power to sit in the county courts.
a) it is not quite so, not all circuit judges have power to sit in the county courts;
b) the judges of the Court of Appeal have no power to sit in the county courts either;
c) yes, it is absolutely true, and in addition recorders have also power to sit in the county courts, but each court has one or more circuit judges, assigned to it by the Lord Chancellor, and the regular sittings of the court are mostly taken by them..
5. The High Court of Justice is divided into divisions.
a) yes, it is true and it includes the Chancery Division, the Queen’s Bench Division and the Family division.
b) The High Court of Justice does not have any divisions;
c) The High Court of Justice is divided into the Chancery Division and the Family Division and what is more interesting the High Court of Justice cannot be original.
6. Appeals in civil matters from lower courts are heard by courts of two (or sometimes three) judges.
a) yes, it is true and it may be added, that there may be single judges of the appropriate division, nominated by the Lord Chancellor;
b) appeals in these cases are heard by courts of five judges;
c) appeals from lower courts are heard by courts of only single judges.
Task 2. Pick out from the texts “The Civil Law” and “Civil Courts. England and Wales” all the word combinations with the following words (terms) and give their Russian equivalents:
family contract
law recovery
branch division
judge to sit (v), sittings (n)
court adoption
Task 3. Explain the meanings of the following words and expressions:
- branches of the civil law;
- a trial;
- the limited civil jurisdiction of magistrates’ courts;
- trust;
- consent of the parties;
- hire purchase;
- arbitration facilities;
- original jurisdiction
- a unified jurisdiction
- a court center.