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English Law and Court System
There are three separate systems of law in the United Kingdom: the legal system and law courts of 1. England and Wales; 2. Scotland; 3. Northern Ireland. However, there are some common features to all systems in the United Kingdom: the sources of law, the distinction between civil law and criminal law. The sources of law include: 1. written law (i.e. statues); 2. unwritten law (i.e. Common law and Equity) based on judicial precedent. We also call the common law as «case law» or «judgemade» law. It means that when one judge had decide a point of law, any judge who has the similar set of facts must decide the same way as in the earlier judgement. In other words, the judge uses the process of analogy.
It is the Magistrates’ Counts (sometimes called police courts) that try the majority of all criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (also called justices of the place – J. P. s) who work part-time and are unpaid. The courts consist of between 2 and 7 magistrates. In a few large cities there are also stipendiary magistrates who sit alone and have legal training. County courts are the main civil courts and the Crown Court deals with all the more serious criminal cases. It also hears appeals from magistrates’ courts. The accused has the right to trial by jury. The High Court hears all those civil cases that cannot be decided by county courts. The Court of Appeal hears both criminal and civil appeals and the House of Lords is the final appellate tribunal. The judges in the House of Lord are the ten «Lords of Appeal in Ordinary» (the «law lords»).
New words:
- separate – отдельный;
- civil law – гражданское право;
- criminal law – уголовное право;
- common law – общее право;
- judgement – судебное решение;
- case – дело;
- to try – разбирать в судебном порядке;
- trial – судебное разбирательство;
- to deal (dealt, dealt) (with) – разбирать, рассматривать;
- lay – непрофессионал;
- Justice of the Peace – мировой судья;
- the accused – обвиняющий;
- stipendiary – оплачиваемый;
- legal training – правовое (юридическое) образование.
Questions to the text:
1. What are three separate systems of law in the U. K.?
2. What are common features to all systems of law in the U. K.?
3. What do the sources of law include?
4. How do they call the common law?
5. When does the judge use the process of analogy?
6. What cases do the Magistrates’ Courts try?
7. What is the difference between lay magistrates and stipendiary magistrates?
8. What cases do County courts and Crown Courts deal with?
9. Does the High Court hear civil or criminal cases?
10. What is the final appellate tribunal?
Exercise 2. Translate into Russian:
1. There are seven main sources of English law: case law, statutes, delegated legislation, the legislation of the European Community, customs, equity and obligations relating to international treaties.
2. Before the Norman conquest Dane law was in the north of England.
3. To standardize the law William the Conqueror sent his representatives to the countryside to check local administration.
4. Case law comes from the decisions of judges.
5. In the middle of the 13th century the «common law» ruled the whole country.
6. The decision of juries don’t make case law.
7. A statute is an Act of Parliament.
8. The principles behind this «common law» are still used today in creating case law.
9. There is a regular system of publication of reports of cases in the higher courts.
10. The legislation of the European Community had a great influence upon the British court system.
Exercise 3. Fill in the gaps with words given below, translate the text into Russian:
to plead guilty; attorney; to recover; barrister; to cross-examine; civil action; to inquire into; advocacy; to sentence; at random; solicitor; the dock.
1. If a person in Britain has a legal problem, he will go and see a _____. In the US, he will go and see a _____. 2. A case of divorce is a _____. 3. If you want to ___ your debts, your case will be heard in the County Court. 4. _____ is an expert in the interpretation of law. He is also an expert on ______ (the art of presenting cases in Court). 5. Coroners who have medical or legal training ____ violent or unnatural deaths. 6. A jury consists of twelve jurors who are ordinary people are chosen _____ from the Electoral Register. 7. In a Magistrates' Court the accused is placed in _____. 8. A defence lawyer in court ____ the witnesses. 9. A judge _____ the accused if he ______.
Exercise 4. Work in pairs and discuss the following questions:
1. What are the sources of English system of Law?
2. Describe the structure of the English court system. Compare it with the USA court system?