I. Прочитайте и письменно переведите текст.

ORIGINS OF ENGLISH LAWS

The English judicial system is the product of long historical development. The strong sense for tradition and its preservation in English society was responsible for the fact that some judicial forms and institutions have survived centuries. For this reason English law is very complex.

There is no single body of law in the United Kingdom. There is, however, a similarity between the systems of England and Wales and that of Northern Ireland. Scotland has its own distinctive legal system and law courts, but on many points there is fundamental identity with the rest of the United Kingdom as well. A large volume of modern legislation applies throughout the United Kingdom.

Another common feature is the distinction made between criminal law (concerned with the wrongs against the community as a whole) and civil law (concerned with the rights, duties and obligations of individuals towards one another).

The sources of law in the United Kingdom include: unwritten, or common law, and written, or statute law. Unwritten or common law is based on the past decisions of judges, i.e. on a judicial precedent. It is the ancient law of the land deduced from customs and interpreted in court cases by the judges.

Written, or statute law, is based on statutes. Statutes comprise Acts of Parliament and subordinate legislation made under powers conferred by Parliament (e.g. Orders in Council, orders and regulations made by a minister with the authority of Parliament, by-laws made by local government). Statute law is more modern than common law.

In the Middle Ages a supplementary system of law, known as Equity, came into being to provide and enforce more effective protection for existing legal rights. People sent petitions to the King asking him to exercise his power of justice. The King’s chief minister, the Lord Chancellor, dealt with these grievances himself and the decisions depended upon what the Chancellor thought was "equitable” or "fair”. In the 15th century a special Court of Chancery was set up and a system of rules called "rules of Equity” developed as distinguished from "rules of Common Law”. The Common Law Courts and the Court of Chancery existed as independent courts until 1873. Thus, English law consists of the rules of Common Law and Equity, embodied in precedents, changed or supplemented in part by Acts of Parliament.

II. Ответьтенавопросы.

1. Is there a single body of law in the United Kingdom?

2. What are the sources of law in the United Kingdom?

3. What is Common law based on?

4. What do Statutes comprise?

5. How was the King’s chief minister called?

III. Прочитайте следующие утверждения и решите, какие из них правильные, какие –нет.

1. English law is very complex.

2. Scotland has its own distinctive legal system and law courts.

3. Statutes do not comprise Acts of Parliament.

4. People sent petitions to the Lord Chancellor asking him to exercise his power of justice.

5. The Common Law Courts and the Court of Chancery existed as independent courts until 1878.

IV. Подберите к следующим словам и словосочетаниям правильный русский перевод.

V. Поставьте глаголы, данные в скобках, в соответствующем времени и переведите предложения на русский язык.

1. The Crown Court … (to hear) this appeal from the magistrates’ court two weeks ago.

2. The US Congress … (to consist) of two houses: the House of Representatives and the Senate.

3. The committee … already … (to pass) this bill, don’t you know?

4. After the Prime Minister … (to form) his Cabinet, he selected the rest of his ministry.

5. I entered the Court at the moment when the policeman … (to give) evidence.

VI. Вставьте подходящие по смыслу слова или словосочетания в предложения.

1. Scotland has its own distinctive … and law …, but on many points there is fundamental identity with the rest of the United Kingdom as well.

2. Another common feature is the distinction made between … and ….

3. The sources of law in the United Kingdom include: unwritten, or …, and written, or ….

4. Statutes comprise Acts of … and subordinate legislation.

5. The King’s chief minister, the …, dealt with these grievances himself.

ВАРИАНТ 15

I. Прочитайте и письменно переведите текст.

CRIMINAL LAW

The courts of criminal jurisdiction include: the magistrates’ courts, which try the less serious offences and conduct preliminary inquiries into the more serious offences; Crown Courts which try such cases as: homicide, violence against the person (excluding homicide), sexual offences, burglary, robbery, theft and handling stolen goods, fraud and forgery, criminal damage and other offences.

Magistrates’ courts deal with about 98% of criminal cases in England and Wales, and conduct preliminary investigations into more serious offences. Every district has a magistrates’ court. The Crown courts, situated in a number of towns and cities, take all criminal work above the level of magistrates’ courts and trials are held before a jury.

Magistrates can only try people for minor offences and cannot usually give prison sentences totalling more than six months. If after hearing all the evidence they decide that the crime is a serious one, they must send the accused for trial to a higher court – the Crown Court.

A person convicted by a magistrates’ court may appeal to the Crown Court against the sentence or conviction. When the appeal is on a point of law, either the prosecutor or the defendant may appeal from the magistrates’ court to the High Court, which sits in London and in some regional centers. Appeals from the Crown Court, either against conviction or against sentence, are usually made to the Court of Criminal Appeal. The court may annul the conviction, or it may reduce the sentence. The highest court of appeal is the House of Lords.

Magistrates’ courts are sometimes called "courts of summary jurisdiction” or "petty sessions” of "police courts”. When a court sits it must have at least two justices on it, and not more than seven. The justices take turns at attending court sessions.

The office of magistrates dates back to the year 1360, when they were designed to be a kind of policemen, whose duty was to search out and arrest offenders, as well as to give evidence against them at their trials. In the course of time they acquired such a wide range of duties that by the middle of the nineteenth century they were almost entirely responsible for the government of counties. However, towards the end of the nineteenth century the establishment of other administrative authorities, in particular County Councils in 1888, relieved the county magistrates of their governmental responsibilities, leaving them judicial functions.

II. Ответьтенавопросы.

1. What cases do the Crown Courts try?

2. Can Magistrates give prison sentences totalling more than six months?

3. What is the highest court of appeal?

4. How many justices must a court have?

5. When were the County Councils established?