The US Court System
The courts are the overseers of the law. They administer it, they resolve disputes undef it, and they ensure that it is and remains equal and impartial for everyone.
In (he United States each state is served by the separate court systems, state and federal. Both systems are organized into three basic levels of courts-trial courts, intermediate courts of appeal and a high court, or Supreme Court. The state courts are concerned essentially with cases arising under state law, and the federal courts with cases arising under federal law.
Trial courts bear the main burden in the administration of justice. Cases begin there and in most instances are finally resolved there. The trial courts in each state include: common pleas courts, which have general civil and criminal jurisdiction and smaller in importance municipal courts, county courts and mayors' courts.
The common pleas court is the most important of the trial courts. It is the court of general jurisdiction — almost any civil or criminal case, serious or minor, may first be brought there. In criminal matters, the common pleas courts have exclusive jurisdiction over felonies (a felony is a serious crime for which the penalty is a penitentiary term or death). In civil matters it has exclusive jurisdiction in probate, domestic relations and juvenile matters. The probate division deals with wills and the administration of estates, adoptions, guardianships. It grants marriage licenses to perform marriages. The domestic division deals with divorce, alimony, child custody.
The juvenile division has jurisdiction over delinquent, unruly or neglected children and over adults, who neglect, abuse or contribute lo the delinquency of children. When a juvenile (any person under 18} is accused of an offence, whether serious or minor, the juvenile division has exclusive jurisdiction over the case.
The main job of courts of appeal is to review cases appealed from trial courts to determine if the law was correctly interpreted and applied.
The supreme court of each state is primarily a court of appeal and the court of last resort.
The federal court structure is similar to the structure of the state court system. The trial courts in the federal system are the United States district courts. The United States courts of appeal are intermediate courts of appeal between the district courts and the United States Supreme Court.
The US Supreme Court is the highest court in the nation and the court of last resort. It consists of a chief justice and eight associate justices, all of whom are appointed for life by the President with the Advice and Consent of the Senate. The duty of the Supreme Court is to decide whether laws passed by Congress agree with the Constitution. The great legal issues facing the Supreme Court at present are Government involvement with religion, abortion and privacy rights, race and sex discrimination.
EXERCISE I. Answer the following questions;
1. What is the dual court system existing in the USA? What
three levels of courts does it consist of?
2. What is the jurisdiction of the trial court? Define the
jurisdiction of the common pleas court.
3. What kind of civil matters are brought to common pleas
courts? Elaborate on probate, domestic relation and juvenile
matters.
4. Speak about the jurisdiction of state and federal courts of
appeals and state supreme courts. 5. What is the duty of the US Supreme Court?
EXERCISE II. Summarize the text in 3 paragraphs, specifying the following:
1) the dual system of US courts;
2} trial courts — courts of general jurisdiction;
3) the US Supreme Court — the court judging the most explosive issues in American life
Vocabulary. Study these words and word combinations:
1. judicial— судебный
2. to administerjustice — отправлять правосудие
3. a court of first / second instance — суд первой / второй
инстанции
4. to examine a case in substance — рассматривать дело по
существу
5.to bring in a sentence / a decision, a judgement /
вынести приговор /решение/
6. an appeal — жалоба
7. a protest — протест
8. a case of major importance — более важное дело
9. the power of supervision over — право надзора над...
10. a collegial — коллегия
11. to be subject to removal — подлежать отзыву
12. an assessor — заседатель
13. to sit (sat) — заседать в суде
14. (average) earnings — (средний) заработок
15. to receive — получать
16. in public — открыто
17. proceedings— судопроизводство
18.oral — здесь: гласный
19. a participant — участник
20. a prosecutor —обвинитель
21. an accused — обвиняемый
22. a de` fendant — ответчик
23. defense — защита
EXERCISE III. Read and translate the following words:
to act (поступать, действовать) — an act; just (справедливый) — justice;
basis (основа) —basic; to guide (руководить)—guidance; to instruct — instruction;
to try (рассматривать дело) — trial (суд); present (присутствующий) — presence; interest — interested (причастие).
EXERCISE IV. Match up these lines:
1. a criminal case зал судебных заседаний
2. higher courts Верховный Суд
3. a civil case государственная власть
4. court practice открыто
5. state power вышестоящие суды
6. in public уголовное дело
7. courtroom гражданское дело
8. the Supreme Court судебная практик
The system of court in the United States
The judicial branch has the responsibility of judging the constitutionality of acts of law. According to Article 3 of the Constitution “the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”.
There are about 100 Federal courts throughout the country, final authority resting in the United States Supreme Court.
The US Supreme Court is the highest tribunal in the United States. It includes a Chief Justice and eight associate justices. They are all appointed by the Senate.
Under the Constitution the Supreme Court has original jurisdiction (i.e., it is the court in which proceeding may be brought in the first instance) in case affecting ambassadors, other public ministers and cases in which a state is a party. In all other cases coming within the judicial power of the United States, the Supreme Court’s jurisdiction is only appellate, and is subject to exceptions and regulations by Congress.
The Supreme Court cannot alter the Constitution. The Court’s function is to interpret the Constitution, but not to alter or modify it.
Besides the US Supreme Court there are various other Federal courts, including the district courts and courts of appeals.
The Courts of Appeals were organized to relieve the Supreme Court of pressure resulting from the accumulation of appellate cases. In general these courts have final jurisdiction over the great masses of litigation not involving constitutional cases. The district court is the only Federal court where trials are used, and witnesses are called. Each state has at least one district court; a few has as many as four. District courts are also found in Washington, D.C., and the territories of Puerto Rico, Guam, the Virgin Islands, and the Panama Canal Zone. Each court has from one to twenty four judges, depending on the volume of business, but each judge holds court separately. In most states the lowest courts are the magistrate courts or police courts, where the judge or magistrate can send a drunk to jail for 30 days, or fine a motorist for speeding, without the aid of jury. Some of the states have special traffic courts, probate courts, or other special courts among their courts of small claims. The magistrate may also have authority to receive a man accused of murder and decide whether to hold him for trial in a higher court.
Задание 1. Переведите предложения на русский язык и определите степени сравнения прилагательных:
1. The U.S Supreme Court is the highest tribunal in the United States.
2. The Federal courts and the regulating agencies that act somewhat like courts, apply the law to particular cases; but they do far more than that.
3. А Court of Appeals accepts the facts sent up to it by the lower courts.
4. The inferior courts in the federal system have somewhat less political importance, since their principal duty is to settle routine cases.
5. The most common type of law court in England and Wales is the magistrate court.
6. More serious criminal cases then go to the Crown Court which has 90 branches in different towns and cities.
7. Appeals are heard by higher courts.
8. One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution.
9. To my mind, the least serious punishment for crimes here is the probation.
10. The most important categories of crime in England and the United States are felony and misdemeanor.
Задание 2. Переведите предложения, обращая внимание на перевод неопределенных местоимений:
1. Some of the State law is found in the state constitution and the status is passed by legislature.
2. A genera trial court in the states sometime called a district court.
3. Thus, as a price for obtaining testimony of a witness, the accused with means.
4. In any election year only one third of the senate is affected.
5. We know something interesting that can be useful for investigation of the treason.
6. In England felony (any of the more serious crimes such as murder, rape, arson) is punishable in the same way as misdemeanor.
7. In some states the warrant may be executed only in the county of the court issuing the warrant.
8. Police discipline codes are designed to prevent any abuse of the considerable power enjoyed by a police officer.
9. Anyone accused of a crime, except murder or treason, is entitled to apply for release or bail.
Задание 3. Переведите предложения на русский язык, обращая внимание на перевод конструкции there is / are:
1. There are about 100 Federal courts through the country.
2. How many district courts are there in every state?
3. There were on the statute books some substantive laws which in practice tend to operate unequally against the poor.
4. Outside the three-layer federal court there are numerous special courts such as the court of claims and the tax court.
5. There is a lot of evidence that proves this fact.
6. There are 52 police forces or police authorities in Britain each employed and paid by their local councils.
7. There are no limitations as to the type of account information the bank may give to criminal investigators.
8. There were the merchant police hired to protect the markets, banks and commercial business.
9. Is there a US attorney in each federal judicial district?
10. Is there usually consultation between government departments & the legal profession, the police, the probation service & voluntary bodies?
Задание 4. Переведите предложения, обращая внимание на перевод модальных глаголов:
1. To plead not guilty you often have to wait until all the guilty pleas have been handled.
2. The prosecutor is to call 104 witnesses some 60 of whom are FBI agents, policemen or prison personal.
3. The Supreme Court justice may be a senator, an Attorney General, a teacher in a law school.
4. Which actions can the police take when a person has been arrested in connection with the serious arrestable offence, but has not yet been charged?
5. In what cases must a person under the detention scheme be released immediately?
6. It is a basic principle of the British criminal justice system that accused people should not be remanded in custody except where strictly necessary.
7. If the bail is refused, the defendant may apply to a High Court judge or to the Crown Court for bail, and application can be made to the Crown Court.
8. Even in cases of murder or treason, bail may be granted at the discretion of the Lord Advocate or a quorum of the High Court.
9. The trial of a person with a summary offence & held in custody must begin within 40 days of the date of first appearance in Court.
10. The trial of a person with a summary offence and held in custody must begin within 40 days of the date of first appearance in court.
Задание 5. Прочтите и переведите текст. Ответьте на вопрос: Are there any other courts in the USA besides the Supreme Court?
The court system depends on the legal profession to make it work. Although individuals can institute actions and defend them normally lawyers do this job for them.
England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers. This division of the legal profession is due mainly to its historical causes. This division is the main reason for the separation between civil and criminal courts.
The traditional picture of the English lawyer is that a solicitor is a legal adviser of the public. Members of the public can call at a solicitor’s office and seek his advice in a personal interview. There is no end to the variety of matters a solicitor deals with. He does legal work involved in buying a house, he writes legal letters and carries on legal arguments outside Court. He prepares a case and the evidence. In a civil action solicitors have right to speak in County Court when the case is one of divorce or recovering some debts. They can also deal with some petty crimes and matrimonial matters in Magistrates Courts. A barrister defends client’s interests in a courtroom. He can only be consulted indirectly through a solicitor. A barrister must be capable of prosecuting in a criminal case one day, and defending an accused person the next, or of preparing a pleading and taking the case for a plaintiff in one day, and doing the same for a defendant the next.
A lot of work in solicitor’s office is done by managing clerks, now called legal executives, and being the third type of lawyers.
Задание 2:найдите в тексте английские эквиваленты следующих слов и словосочетаний.
Судебная система, возбуждать иск, защищать, консультант по юридическим вопросам, раз вод, взыскать долг, истец, ответчик, обвиняемый, доказательства, ходатайство, истец, преследовать в судебном порядке.
Задание 3:дайте ответы на вопросы к тексту.
1. What makes British legal system work?
2. Why is British legal system unique?
3. What are the main responsibilities of a solicitor?
4. What does a barrister do?
5. Who does a lot of work in solicitor’s office?
Задание 4:поставьте вопросы всех типов к данному предложению.
The two kinds of lawyers are solicitors and barristers.
Задание 5:выберите правильную форму глагола to be.
1. I … … a judge when I graduate the Academy. 2. This legal document … easy for understanding. 3. In Britain the vast majority of judges … unpaid. 4. When the trial finished, they … sent to prison. 5. The verdict … announced yesterday. 6. I … over 18 years old.
Задание 6:переведите юридические термины. Составьте собственные предложения с 5 из них.
To serve one’s sentence Capital crime
To avoid violence Scene of crime
Espionage Seizure of property
To break confidence Bigamist
To dismiss an appeal Defense lawyer
Judgment Arrest
Attorney license Search
Injury Mortal damage
Offended party To get money by fraud
Legally capable Burglary
Задание 1:прочитайте и переведите текст.
Why do we Need Laws?
Almost everything we do is governed by some set of rules. However, some rules – those made by the state or the courts – are called “laws”. Laws are designed to control or alter our behavior. But unlike rules of morality, laws are enforced by the courts; if you break a law - whether you like that law or not – you may be forced to pay a fine, pay damages, or go to prison.
Why are some rules so special that they are made into laws? Why do we need rules that everyone must follow? What is the purpose of law?
Laws regulate our business affairs, help to ensure that people keep their promises. Laws against criminal conduct help to safeguard our personal property and our lives.
Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, they turn to the law and to institutions like the courts to decide who the real owner is and to make sure that the real owner’s rights are respected.
We need law, then, to ensure a safe and peaceful society in which individuals’ rights are respected. The legal system should respect individual rights while, at the same time, ensuring that society operates in an orderly manner. And society should believe in the Rule of Law, which means that the law applies to every person, including members of the police and other public officials, who must carry out their public duties in accordance with the law.
Another goal of the law is fairness. This means that the law should protect certain basic individual rights and freedoms, such as liberty and equality.
Задание 2:найдите в тексте английские эквиваленты следующих слов и словосочетаний.
Свод правил, изменять поведение, нарушать закон, уплатить штраф, возместить ущерб, разрешать споры мирным путем, защищать частую собственность, защищать основные права, свобода и равенство.
Задание 3:дайте ответы на вопросы к тексту.
1. What are laws designed for?
2. What can happen if you break a law?
3. What do laws regulate and provide?
4. What do laws ensure?
5. What is another goal of laws?
Задание 4:поставьте вопросы всех типов к данному предложению.
Laws regulate our business affairs.
Задание 5:раскройте скобки, употребляя необходимую видо-временную форму глагола.
1.They (to call) his former girl-friend to give evidence tomorrow. 2. Yesterday police (to arrest) 50 demonstrators outside the Parliament building. 3. A large group of photographers and reporters (to gather) in front of the court before the barristers’ arrival. 4. Look, the judge (to enter) the courtroom. 5. The defendant just (to plead) not guilty.
Задание 6:переведите предложения из активного залога в пассивный.
1.Police arrested Bates for dangerous driving. 2. They have charged no-one with murder yet 3. They are looking for the murder weapon now. 4. They make up the jury of seven women and five men. 5. Judge Evans will pass sentence on the three men tomorrow.
Задание 7: переведите юридические термины. Составьте собственные предложения с 5 из них.
To find sb guilty Putative defendant
To pass a sentence Pursuit
To stand trial Own confession
To return a verdict Ownership of property
To call a witness Taking of the body
Youthful misbehaviour Systematic criminal
Absent good cause Abuse of corpse
Encroachment Harassment
Narcotic officer Guilty party
Natural law Juvenile offence
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