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The Supreme Court of the United KingdomСтр 1 из 6Следующая ⇒
Module 1
1. How many separate legal systems does the United Kingdom have?
2. The highest court in the UK is called
3. How many judges are there in the Court of Appeal?
4. How many people sit on a jury in an English court?
5. What cases does the Crown Court deal with?
6. A teenager stole a wallet and a mobile phone from another boy at school. In which court will his case be tried?
The High Court (of Justice)
The Chancery Division is headed by the Lord Chancellor and has about 17 judges. Disputes concerning insolvency, mortgages, copyright and patents, intellectual property matters are referred to this court. Cases are heard by a single judge and juries are never used. The Family Division is headed by the President of the Family Division, and has about 17 judges. It hears cases concerning adoption and care of children, divorce and other matters concerning the family. It consists of a single judge and never uses a jury.
The Crown Court deals with more serious criminal cases such as murder, rape or robbery. The Crown Court is based at 77 centres across England and Wales[1].
The Crown Court tries cases transferred from the magistrates' courts. It also hears appeals against decisions of magistrates' courts and deals with cases sent for sentence from magistrates' courts. Subordinate (lower) courts The most common subordinate courts in England and Wales are the Magistrates' Courts, Youth courts and County Courts. Magistrates' courts are a key part of the criminal justice system since over 95 per cent of criminal cases are completed there. Trials in the magistrates' courts are usually conducted by a panel of three lay magistrates (Justices of the Peace), or a legally-trained district judge (formerly known as a stipendiary magistrate). There are no juries. These courts hear minor criminal cases, as well as some civil cases e.g. family matters and licensing applications.
Youth courts deal with offenders between the ages of 10 and 17. Youth courts are presided over by a specially trained experienced magistrate or a district judge. Youth magistrates often hear more serious cases against youths (which for adults would normally go to the Crown Court). Youth courts are not open to the public, only the parties involved in a case are admitted. County Courts, often referred to as the Small Claims Courts, deal with civil matters such as claims for debt repayment, personal injury, breach of contract, family issues such as divorce or adoption and housing disputes. These courts are presided over by either a district or circuit judge. Claims for small amounts are generally simple and there is usually no need for the parties to use solicitors. The hearing is usually before a single judge, in private and informal. There are 216 county courts.
1 Before the creation of the Supreme Court the highest judges in the United Kingdom were a few members of the House of Lords. 2 The Supreme Court of the UK does not have authority over criminal cases tried in Scottish courts. 3 The Court of Appeals hears both criminal and civil appeals. 4 The Criminal Division of the Court of Appeal is headed by the Master of the Rolls. 5 Over a hundred judges sit in the High Court. 6 Juries are never used in the Queen’s Bench Division. 7 The Chancery Division deals with serious criminal offences. 8 The Crown Court is both a trial court and an appellate court. 9 Justices of the Peace do not hear cases alone. 10 In a magistrates’ court the defendant may be sentenced to up to three years in prison. 11 The mass media cannot attend hearings in a youth court as members of the public. 12 Most County Court cases are between people or companies who believe that someone owes them money.
a the number of Lords/Ladies Justices in the Court of Appeal panel b the number of jurors at a High Court trial c the maximum fine that a magistrate may order d the number of county courts in England and Wales e the minimum age for a person to stand before an Adult Magistrate f the number of district judges g the retirement age for magistrates h the number of Supreme Court Justices i the proportion of criminal cases tried in the Magistrates Courts j the number of judges who hear a case in the Family Division
C Subordinate courts 1) иметь юридическое образование; 2) нарушение договора; 3) расходы на проезд и потеря заработка; 4) стаж работы адвокатом; 5) штраф свыше; 6) возврат долга; 7) заявка на выдачу лицензии; 8) консультировать по вопросам права; 9) относиться к разным социальным и профессиональным группам
C Subordinate courts a) Can you explain the difference between lay magistrates and district judges? What were district judges called before? b) What is the role of the court clerk in the magistrates’ court? c) How are youth courts different from adult magistrates’ courts? d) What is the other name of county courts? e) What types of civil cases are under the jurisdiction of the County Court?
a ………… is a court that deals with young offenders. b ………… is the right or power to administer justice and to apply laws. c ………… is a local court with jurisdiction to try civil actions involving small claims. d ………… is an ordinary judge of the Court of Appeal. e ………… is a person who brings a civil action in a court. f ………… is a person against whom an action or claim is brought in a court. g ………… is a lawyer who advises clients on matters of law and who may represent clients only in lower courts. h …………. is the unlawful premeditated killing of one person by another.
i ……….…. is the judicial decision as to what punishment is to be imposed. j ……..….. is the person or persons taking part in legal proceedings, such as plaintiff or prosecutor.
1. A magistrates' court is normally composed of at least two, and not more than seven, m_ _ _ _ _ _ _ _ _s, when trying a c_ _ _ _. 2. Murderers are still sentenced to d_ _ _ _ in some countries. 3. County courts are courts with only civil j _ _ _ _ _ _ _ _ _ _ _ _. 4. The US Supreme Court is the court of l _ _ _ r _ _ _ _ _ for the nation. 5. In Britain, lawyers are divided into two types, s _ _ _ _ _ _ _ _s and b _ _ _ _ _ _ _ _s. 6. Justices of the Peace are assisted by a legally qualified c _ _ _ _ c_ _ _ _. 7. They have been accused of f_ _ _ _ and stock market manipulations. 8. An a _ _ _ _ under British law is someone over 18 years old. 9. A trial in the county court is normally c _ _ _ _ _ _ ed by a single judge. 10. He brought civil proceedings against the police for f _ _ _ _ i _ _ _ _ _ _ _ _ _ _ _.
1. He was sentenced ___ life imprisonment. 2. Both parties were asked to attend a hearing ___ a judge. 3. County courts are presided ___ by a district or circuit judge. 4. Her assistant was accused ___ theft and fraud. 5. That case is ___ the jurisdiction of this court. 6. He will go ___ trial later this month for murder. 7. Circuit judges are appointed ___ the Monarch on the recommendation of the Lord Chancellor. 8. Magistrates are given compensation___ travel expenses. 9. The Crown Court deals ___ more serious criminal cases.
1. The judge in the county court sits alone, ____ civil actions against the police. 2. ____ there are no hearings this week, some judges are busy with paperwork. 3. ____ small claims are usually simple, parties are not often represented by solicitors. 4. You need a barrister to represent you in the High Court. _____, you should go to a solicitor first. 5. A solicitor’s job includes advising clients on matters of law, drawing up legal documents _____ preparing cases for barristers.
C Subordinate courts 1. Суды низшей инстанции включают мировые суды, суды графств, суды по делам несовершеннолетних, а также некоторые другие суды. 2. Мировые суды рассматривают мелкие уголовные правонарушения, а также некоторые гражданские дела, касающиеся семейных отношений и выдачи лицензий. 3. Мировому судье помогает секретарь суда, который имеет юридическое образование. 4. Более 95% уголовных дел начинаются и завершаются в мировом суде. 5. В Англии и Уэльсе более 200 судов графств. Эти суды также называют судами мелких тяжб. Они рассматривают иски о возврате долга, нарушении договора или оскорблении личности. 6. Уголовные дела против несовершеннолетних нарушителей рассматриваются специально подготовленными магистратами по делам о правонарушениях молодёжи.
1. The UK Supreme Court has no jurisdiction over __________.
2. The High Court is divided into _______ divisions.
3. The president of one division of the High Court is called _________.
4. The Crown Court hears appeals against decisions of _________.
5. Until August 2000 district judges were known as __________.
6. The jury decides whether the _______ is guilty or not.
7. The money paid as compensation to a person for injury or loss is ______.
8. In Britain magistrates ______ by the Crown.
9. Magistrates do not have any legal qualifications. ______, they receive some training.
10. Youth courts are presided _____ by a specially trained experienced magistrate or a district judge.
1. The youth courts were set up after the Criminal Justice Act 1991. 2. The age of criminal responsibility is 14 years. 3. Serious cases are referred to the High Court. 4. The offender's identity is hidden from the public. 5. The youth courts deal with offenders aged 10 to 18 years. 6. The youth magistrates are selected from a youth court panel, which is appointed by the justices in the local area each year.
The Youth Courts
What is the Youth Court? Where the accused is under 18, the case will be heard in a youth court. These are special Magistrates' courts which either sit apart from the other courts or are held at a different time. The underlying philosophy of the youth court is that the interests of the young person are dominant. However, young offenders must still have their situation assessed[2] in a room similar to a court. Public access is limited, as is media reporting. Newspapers, radio, internet and television news services cannot make public the identity of a criminal under the age of 16. If a person under 18 is accused of committing a crime together with another person aged over 18, then the case is usually heard in an ordinary Magistrates' court or the Crown Court. If the young person is found guilty then the court has freedom on whether or not to transfer the case to the youth court. Similarly, if the child is believed to have committed a crime of murder, rape, manslaughter, or causing death by dangerous driving, then he or she can be tried in the Crown Court.
How does it fight crime? The age of criminal responsibility is 10 years, and children under this age are protected from prosecution. This is different in Scotland, where the age of criminal responsibility is 8. If the young person is aged over 14 years then they are considered to be responsible for their acts. Juries are not used in youth courts. The youth court is presided over by a magistrate, and there must be at least one male and one female magistrate on the bench. All magistrates sitting in the youth court are specially trained to deal with youth cases. They also generally have experience of working with children, as a youth worker or teacher. As would be expected, the proceedings are a lot less formal than in other courts, and the parents or guardian have to be present.
What's the history? Young offenders received cruel treatment in the past. In the 18th and 19th century, children were treated exactly the same as adults by the justice system and were thrown in prison, sentenced to death and hanged, or transported[3]. Parkhurst prison, on the Isle of Wight, opened in 1838 as a prison for boys aged between 10 and 18 years, and used punishments such as leg irons[4] and whipping[5].
Things changed when the Liberals came to power in 1908, abolishing prison for children and setting up special juvenile courts[6]. By 1933, things had progressed so far that it was the job of the courts to look after the welfare[7] of children and not punish them. The Criminal Justice Act 1991 replaced the juvenile courts with the youth courts, and these now deal with offenders under the age of 18 years, whereas the juvenile courts handled cases involving children up to the age of 14 years. Juvenile courts handled care proceedings[8] as well as criminal cases. However, the Children Act 1989 transferred care proceedings to the family courts.
1. What is the basic principle of the Youth Court work? 2. When can young criminals be tried in the Crown Court? 3. What is the age of criminal responsibility in Scotland? 4. Can children be tried by juries? 5. Who are the judges in the Youth Court? 6. How were children punished in the 18th and 19th century?
1. Give a definition of “jurisdiction”. What aspects does it have? 2. From which document do the federal courts receive their jurisdiction? 3. What does the territorial jurisdiction mean? 4. Which basic principle of American government determines America’s dual court system? 5. Why cannot a verdict of non-guilty be appealed?
Module 2
1 In the United States, people break state laws more often than federal laws. 2 Criminal procedures are different for children and adult offenders. 3 If a child commits a serious offence, he or she may be sent to a prison for adult criminals. 4 The US constitution gives every defendant a right to choose between a jury trial or a bench trial[17]. 5 In American courts, sentences are always given by judges, not by juries. 6 In the United States, people may be sentenced to death in all states.
Depending on the crimes people commit, they may break a federal law, a state law, or both. However, the great majority of crimes committed in the United States are state crimes. Prosecutions of serious crimes (felonies) are more complicated than prosecutions of less serious offenses (misdemeanors). Criminal laws and procedures vary from state to state, but in general the following actions take place when children and adults break the law. What Happens to Children When minors, people under the age of 18, break the law, they usually appear in juvenile court. Since a minor will rarely have a jury trial, the judge hears the evidence and decides whether or not there is enough evidence to prove that the child has broken the law. In most cases, the child admits to the crime and depending on the situation, the judge may put the child on probation, place the child in a foster home, or in serious cases, the child may be sent to a juvenile institution. If the child denies the charge, however, an adjudicatory hearing, much like a criminal trial, is held. At this hearing, the child is represented by a lawyer. If the judge determines that there is enough evidence, a second hearing is arranged to order a sentence.
What Happens to Adults When an adult commits a serious crime and is arrested by police, sometimes there will be a trial. In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence the charges are dropped. In states that don't use grand juries, an information will be issued by the prosecutor. An information is a formal written accusation by the prosecutor. Once the indictment or information has been filed, the defendant is arraigned. Arraignment is the first stage of the trial process, at which the indictment or information is read in open court and the defendant must enter the plea. When a defendant pleads guilty, they admit that they in fact committed the offense. Of course, such a plea means that no trial will take place. The judge must make sure that the defendant understands the charges and the possible penalty upon conviction. If the judge accepts the plea of guilty, a date of sentencing is set. If the defendant pleads not guilty, the case goes to trial. Sometimes plea bargaining occurs. The defense attorney and the prosecutor try to settle a case with the court's approval. In a plea bargain, the defendant pleads guilty to a lesser offense or the prosecutor drops some of the charges, or agrees to ask for a lighter sentence from the judge. If there is a trial, the Constitution guarantees every defendant certain rights. With serious crimes, there is the right to be tried before a jury; the defendant can also waive this right and then the judge returns the verdict. The basic rules of jury trials are the following: 1) the defendant is presumed innocent, 2) the prosecutor must prove guilt beyond a reasonable doubt, 3) the defendant has the right not to take the stand, and 4) evidence obtained through unconstitutional police procedures is excluded. If the defendant is found not guilty, he is acquitted. If he is found guilty, he is convicted and then sentenced. Usually the trial judge hands out the sentence, but sometimes the jury does. The sentence may be a fine, incarceration, probation, or, in some states, the death penalty.
1 What sort of offenders do juvenile courts deal with? 2 Why are jury trials rarely held in juvenile courts? 3 How are minors usually punished? 4 What decision does the grand jury make? 5 Who brings charges against the defendant in the states which don’t use grand juries? 6 What happens at the arraignment? 7 What must the judge do before they accept a plea of guilty? 8 What is a plea bargain? 9 What basic rights are guaranteed to criminal defendants? 10 What are the general types of punishment used in the United States?
trial grand jury hearing arrest sentencing arraignment jury verdict
A Sentencing will actually occur at a separate hearing several weeks after the verdict has been returned. B The grand jury hearing is usually closed to public, grand jurors hear only the witnesses summoned by the prosecutor, and defendants are seldom present at a grand jury hearing. C A recent survey revealed that 67% of felony defendants plead guilty. D After sentencing, defendants may appeal their convictions (or in a few states, sentences) to a higher court. E Pleas of not guilty are more common among defendants charged with serious violent crimes such as murder or rape than among those charged with less serious property or drug offenses.
k ………… is a system of dealing with offenders by placing them under the supervision of a probation officer. l ………… is an agreement between the prosecution and defence, sometimes including the judge, in which the accused agrees to plead guilty to a lesser charge in return for more serious charges being dropped. m …………. is a formal written charge of a crime presented to the court by a grand jury. n ……….… is the answer made by a defendant to the charge. o …………. is a serious crime, such as murder or robbery. p ………….. is a group of between 12 and 23 persons summoned to inquire into accusations of crime and establish whether the evidence is sufficient to file an indictment. q ………….. is a person below the age of full criminal responsibility. r ………….. is person found guilty of an offence, especially one who is sentenced to imprisonment.
1 Nineteen states use the grand jury and indictment to initiate prosecutions for all felonies, while others use the ________. 2 To _________ means ‘to take as proved until contrary evidence is produced’. 3 Of the crimes reported to the police, the police are able to make a(n) _______ only one out of five times. 4 One of the most fundamental protections recognized in the American criminal justice process is the _______. The state has the burden of proving[18] defendants guilty of alleged crimes; defendants do not have to _______ themselves innocent. 5 There are several factors defendants and defense _____ take into account[19] in deciding whether to demand[20] a jury trial or _____ it. 6 During the preliminary hearing[21], the prosecution doesn’t have to prove the defendant guilty beyond a _______, as would be required during the trial. 7 _______ is the first time a felony defendant is asked to plead to the charge. 8 All distinctions between felony and ________ were abolished[22] in England and Wales in 1967.
1. The boy admitted ___ stealing the apples. 2. They charge him ___ armed robbery. 3. If a person commits a misdemeanor, they may be put ___ probation. 4. A lay bench must consist ___ at least three magistrates. 5. In England and Wales, defendants ___ 18 years of age do not have a right to jury trial unless the case is homicide or other particularly serious offence. 6. ___ the Crown Court, the case is tried ___ a Recorder (part-time judge), Circuit Judge or a High Court judge, with a jury. 7. The status of the judge depends ___ the seriousness and complexity ___ the case. 8. An arrested person must be brought ___ a magistrate within 48 hours. 9. The prisoner was convicted ___ robbery.
1. The Constitutional Reform Act 2005 (transfer) the judicial functions from the Lord Chancellor to the Lord Chief Justice. 2. The US Supreme Court Justices (appoint) by the President. 3. From the Magistrates' Court, an appeal (can/take) to the Crown Court on matters of fact and law. 4. Criminal procedures (vary) depending on the seriousness of the crime and the jurisdiction. 5. The use of plea bargaining (receive) formal recognition by the US Supreme Court in 1970 in the case of Brady v. United States. 6. The first female Law Lord, Baroness Hale of Richmond, (appoint) in 2004. 7. For over 600 years English Justices of the Peace (hold) courts in order to punish law breakers, resolve local disputes and keep order in the community. 8. In American courts, the prosecutor (control) the order in which the facts of the case are (present) to the jury.
1. Подсудимый, осужденный за совершение фелонии, может быть приговорен к лишению свободы сроком свыше одного года. 2. Если несовершеннолетний правонарушитель признается в преступлении, он может быть осужден условно или отправлен в учреждение для несовершеннолетних преступников. 3. Так как ребенок отрицал предъявленное обвинение, было проведено слушание на предмет вынесения судебного решения. 4. Большое жюри решило, что доказательств недостаточно для проведения судебного разбирательства, поэтому обвинения против подсудимого были сняты. 5. После того, как заявление об обвинении, поданное прокурором, было зачитано в открытом судебном заседании, подсудимый заявил о своей невиновности. 6. Адвокат посоветовал обвиняемому отказаться от суда присяжных. 7. Судья не должен принимать доказательства, полученные противоправным путем. 8. Один из трех подсудимых был оправдан, а двух других приговорили к крупным штрафам и шести месяцам условного осуждения.
The Grand Jury in Operation One unique aspect of the grand jury is secrecy. Since the grand jury may find insufficient (1) ………… to indict, it works in secret, in order to protect those merely under investigation from unfavorable publicity. By contrast, the rest of the criminal court process is required to be (2) ………... Another unique aspect is that (3) ……………. are returned by a plurality vote; in most states, one-half to two thirds of the (4) ………… are sufficient to indict. By contrast, trial juries can (5) ………….. only if the jurors are unanimous[23] (or, in four states, nearly unanimous) The work of the grand jury is shaped by its unique relationship with the prosecutor. In the vast majority of states, grand juries are considered part of the judicial (6) ……………. of government. In theory at least, the prosecutor functions only as a legal advisor to the grand jury, but in practice, the prosecutor dominates. Grand jurors hear only the witnesses summoned by the prosecutor, and as lay persons, they (7) ……………. heavily influenced by the legal advice of the prosecutor. The government is under no obligation to disclose to the grand jury evidence that may clear the (8) …………….. The result is that grand juries often function as a rubber stamp for the prosecution. Some critics call it as “the prosecutor’s darling”, or a “puppet”. A study of the Harris County (Houston, Texas) grand jury revealed that the average time (9) …………… per case was only five minutes; in 80 percent of the cases, there was no discussion by jurors; and finally, the grand jury approved nearly all the prosecutor’s recommendations. (10) …………., federal grand juries returned more than 17.000 indictments in one recent year, but only sixty-eight no true bills[24]. In Chicago, grand juries indicted in 100 percent of the murder (11) ………… presented. In short, grand juries generally (12) ………… whomever the prosecutor wants indicted.
Module 3
Hours and salary Most solicitors in private practice work 45 to 50 hours per week. The usual working day is nine to six-thirty, but sometimes it may be necessary to work extra hours in order to complete a contract or prepare for a court case.
Qualified solicitors typically earn between £25,000 and £60,000 a year. A partner in a large firm or a head of an in-house legal department may earn more than £150,000 a year. Training
All graduates then have to undertake the Legal Practice Course (LPC). This course is usually taken full-time over one year (although part-time options are possible) and it teaches the practical application of law. Prospective solicitors then compete to obtain a two-year training contract with a firm of solicitors or an 'in-house' legal department. Typically, the training contract includes between four and six placements ('seats') in different departments of a firm and a short Professional Skills Course (PSC). Currently, the Law Society's rules require all solicitors to undertake 16 hours of Continuing Professional Development (CPD) per year. Career development Solicitors can become a partner in a firm of solicitors. They can also become heads of legal departments, chief executives in companies or local government chief officers. They can start their own legal firm or become a judge in certain courts.
1 Around 100,000 solicitors work in private firms. 2 About 50 per cent of solicitors are women. 3 A solicitor’s main work is advising clients on legal issues, representing them in court and drafting contracts and wills. 4 Solicitors may work for the central and local government. 5 To become a solicitor a person must have a law degree. 6 Some firms offering training contracts sponsor trainees to undertake the LPC course. 7 On completion of the Legal Practice Course (LPC), trainees normally undertake a one-year training contract. 8 During the period of the training contract, trainees have the opportunity to work in different specialist areas of law.
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The United Kingdom does not have a single unified judicial system – England and Wales have one system, Scotland another, and Northern Ireland a third. The UK Supreme Court, in most cases, sits above all three of the UK judicial systems.
The High Court is a civil court and has the authority to hear any civil case in England and Wales. It is divided into three divisions: the Queen's Bench Division, the Chancery Division, and the Family Division.
The Crown Court
Salaries for trainee solicitors vary considerably. A trainee working for a sole practitioner outside London could expect to earn around £15,000 a year while someone starting in a large London firm may earn £30,000.
This career is open to graduates from all disciplines. Those who do not have a first degree in law must complete a one-year full-time conversion course known as the Graduate Diploma in Law (GDL) or Common Professional Examination (CPE).
