Lesson 3.
Types of Сourts.
1.Vocabulary notes.
| Appellate court | апелляционный суд |
| Crown court | королевский суд (высший суд первой инстанции по уголовным делам) |
| High court | высший суд |
| Juvenile court | суд по делам несовершеннолетних |
| Lower court | суд низшей инстанции |
| Magistrates’ court | суд магистратов (рассматривает дела о мелких уголовных и гражданских преступлениях) |
| Moot court | учебный судебный процесс (в юридической школе) |
| Small-claims court | суд малых исков |
| Tribunal | трибунал (чрезвычайный суд, противопоставленный регулярным судам общей юрисдикции) judicial [dʒu(:)′dı∫əl] судебный, законный; судейский authority [⊃:′Ө⊃rıtı] власть; полномочие determinedisputes [dı′tə:mındıs′pju:ts] разрешать споры, разногласия case [′keıs] случай; обстоятельство;судебное дело; случай в судебной практике, прецедент civil [′sıvl] гражданский criminal [′krımınl] преступный; криминальный, уголовный military[′mılıtərı] военный, воинский try [′trαı] расследовать (дело), судить proceeding [prə′sı:dıŋ] рассмотрение дела в суде; судебное разбирательство; судопроизводство judgement [′dʒ∧dʒmənt] приговор, решение суда; заключение суда |
judicial [dʒu(:)′dı∫əl] судебный, законный; судейский.судопроизводство
judgement [′dʒ∧dʒmənt] приговор, решение суда; заключение суда
Read the text given below and find the equivalents of the Russian words and expressions.
THE SYSTEM OF COURTS
There are some features of the court system in the Englishjudiciary. First it is hierarchical with judges in the higher courts having more authority than those are in the low corts. Secondly, most judges will hear both civil and criminal cases. Judge in the House of Lords and the Court of Appeal hear only appeal cases and judges in the High Court and, Crown Court have First instance and appellate jurisdiction.
THE SUPREME COURT is central to the hierarchical structure of the system of courts in England and Wales. A court created by the Judicature Acts 1873-75. to-take over the jurisdiction of all the higher courts, other then the House of Lords, existing at that time, it doesn't sit as a single court but comprises the High court of Justice, the Court of Appeal and the Crown Court. The Lord Chancellor.who is traditionally the head of the judiciary, is now constituted president of the Supreme Court
The Court of Appeal exercises appellate jurisdiction over all judgments and orders of the High Court and most determinations of judges of the county courts. In some cases the Court of Appeal is the court of last resort. The Court is divided into a Civil Division (presided over by the Master of the Rolls) and a Criminal Division (presided over by the Lord Chief Justice). The criminal division hears criminal appeals and the civil division hears appeals from any judgment or order of the High Court. The Court of Appeal consists of ex-officio judges and not more than eighteen ordinary judges. The ordinary judges of the Court are the Lords Justices of Appeal, but puisne judges may also sit by invitation and frequently do so, especially in the Criminal Division. The word "puisne" means junior or lower in rank.
The High Court of Justice is divided into three divisions: the Queen's Bench division, Chancery division, and Family division. To the Chancery Division are assigned all cases and matters relaiting to land, morgages, bankruptcy, patents, trade-marks, the appointment of a guardian and so on. To the Queen's Bench Division are assigned applications for 'writs of habeas corpus and for judicate review. To the Family Division are assigned all matrimonial causes and matters. The High Court is one court. Any order or judgement emanating from any of the divisions is an order or judgement of the High Court and should not be regarded as an order or judgement of any particular division. The Patents, Admiralty and Commercial Courts are the three specialist courts, which lake their place within the divisions of the High Court. The Lord Chancellor, the Lord Chief Justice, the President of the Family Division, the Vice-Chancellor and not more than eighty puisne judges of the High Court exercise the High Court's jurisdictions.
The Crown Court has an unlimited jurisdiction over all criminal cases tried on indictment and also acts as a court for the hearing of appeals from magistrates courts. The jurisdiction of the Crown Court is exercisable by any judge of the High court or any Circuit judge or recorder.
The House of Lords is the final court of appeal in the UK in both civil and criminal cases, although it refers some cases to the European Court of Justice for a ruling. This court consists of legally qualified life peers, styled 'Lords of Appeal in Ordinary*, who are appointed by Her Majesty the Queen. Lord Chancellor is the head of the judiciary. He is entitled to preside over the House when it sits as a final court of appeal; he appoints magistrates, makes recommendations for higher judicial appointments, and oversees such matters as the administration of the courts, legal aid, and law reform. He is appointed by the Crown on the advice of the Prime Minister
The House of Lords has an ancient jurisdiction with regard to impeachments and dimes peerage. Most cases coming before the House of Lords in recent times are appeals from the civil division of the Court of Appeal, and most of these involve a dispute as to the construction of a statute. A procedure by which appeals from the High Court would lie to the House of Lords is known as the 'leap frog', because the Court of Appeal is not involved. An application to the House ofLords(for such) an appeal to be heard, can be made only if the trial judge certifies as follows on the application of any party, that all parties consent to the procedure, that a sufficient case for appeal to the House of Lords has been made out, that a point of law of general public importance is involved. There are County Courts and Magistrates Courts at bottom of this structure of the system of courts.
A County Court is a court of record. A County Court is held in each district. The Lord Chancellor assigns one or more circuit judges to each district. A County court has jurisdiction in actions founded in contract or tort where the debt, demand or damage claimed, doesn't exceed the County Court limit. County Courts have jurisdiction in actions for me recovery of land where the net annual value for rating of the land doesn't exceeed the County Court limit. The County court also has jurisdiction in probate proceedings where the estate of the deceased is less then the County Court limit
Magistrates Courts means any justice or justices of the peace acting under any enactment or by virtue of his or their commission or under the common law. Courts consist of between two and seven magistrates or a single stipendiary magistrate. Stipendiary magistrates sit alone and have the same powers at two justices of the peace sitting together; Justices of the peace are not required to have any legal qualification unlike stipendiary magistrates and the clerk to the magistrates. Magistrates' Courts are appointed to a particular area. The jurisdiction of Magistrates Courts is both criminal and civil. Magistrates' Courts are courts of summary jurisdiction for minor offences. Certain offences are triable only summarily, while others are triable either way. i.e. summarily or by indictment in the Crown Court Magistrates' Courts have jurisdiction to hear and decide complaints. It also has a limited jurisdiction in civil matters relating to debt and matrimonial proceedings.
The Judicial Committee of the Privy Council consists of the Lord President of the Council, the Lord Chancellor, ex-Lord Presidents, the Lords of Appeal in Ordinary and those members of the Privy Council who hold high judicial office. The Privy Council is the Sovereign in Council and, therefore, the jurisdiction is in the form of Advice tendered to the Sovereign, which is then impSemenifJ by an Order in Council. Appeals lies from the Supreme Courts of all the British colonies The European Court consists of thirteen judges and five Advocates-Generals. The European Court has jurisdiction to deal with cases arising between Member States and institutions of the Community.
2. 1.Find the following phrases in the text and end up them:
The most common type of law court in England and Wales is………….
More serious criminal cases go to …………………..
The Crown Court includes ……… in different towns and cities.
Civil cases are dealt with in ………...
Appeals are heard by ……………….
The highest court of appeal in England and Wales is ………….
The High Court of Scotland is situated in ………..
Certain cases may be referred to …………… in Luxembourg.
Juvenile courts deal with …………...
Coroners` courts investigate …………..
Administrative tribunals deal with ………...
The legal system of England and Wales includes ……....
2.2. Right or wrong?
The High Court of England and Wales is The House of Lords.
The High Court of Scotland is situated in Luxembourg.
The legal system of England and Wales includes magistrates` courts, juvenile courts, coroners` courts, administrative tribunals, County courts, the Crown Court, the House of Lords.
The court system of England and Wales include also the European Court of Justice and the European Court of Human Rights.
The High Court of Scotland hears all appeals from Scottish courts.
2.3. Answer the following questions:
What do you know about the legal system of England and Wales?
What courts does the legal system include?
What do coroners` courts investigate?
What do juvenile courts do?
What do administrative tribunals deal with?
What do you know about the court system of England and Wales?
What is the most common type of law court in England?
How many magistrates` courts and magistrates are there in England and Wales?
What does The Crown Court deal with?
How many branches of the Crown Court are there in different towns and cities of England and Wales?
What cases are dealt with in County courts?
Courts can be distinguished with regard to the type of cases they hear.
Match each of the following types of court (1-9) with the explanation of whathappens there (a-i).
1 appellate court (or court of appeals, appeals court)
2 crown court
3 high court (or supreme court)
4 juvenile court
5 lower court (or court of first instance)
6 magistrates' court
7 moot court
8 small-claims court
9 tribunal
a This is where a person under the age of 18 would be tried.
b This is the court of primary jurisdiction, where a case is heard for the first time.
c This is where small crimes are tried in the UK.
d This is where law students argue hypothetical cases.
e This is where a case is reviewed which has already been heard
in a lower court.
f This is where cases involving a limited amoun! of money are
handled.
g This is where serious criminal cases are heard by a judge and a
jury in the UK.
h This is where a group of specially chosen people examine legal
problems of a particular type, such as employment disputes.
i This is usually the highest court in a jurisdiction, the court of
lastresort.
