Task 7. Agree or disagree with the following statements:

1. When the House of Lords sits as court only peers who are senior members of the judiciary can take part in the proceedings.

2. The House of Lords is the final court of appeal for civil and criminal cases in the UK.

3. The three divisions of the High Court each hear different kinds of cases.

4. A jury is always present at the Crown Court hearings.

5. The Old Baily is the name of the Crown Court for the London area.

6. The county courts only hear cases concerning statute law.

7. All English judges and magistrates are professional lawyers.

8. The magistrates’ courts hear certain categories of less important cases.

9. The magistrates’ courts investigate some cases which are later tried by jury in the Crown Court.

10. The magistrates’ courts can choose to hear cases with or without a jury.

 

Task 8. Find in the text synonyms of the following words:

branch, fulfill, take part, be in high post, wholly, comprise, obligation, all over, judgment, appropriate, decide, form, layman, trial.

 

Task 9. Form the nouns from the following verbs and translate them into Ukrainian:

participate examine

divide conduct

convict prosecute

organize indict

investigate assign

agree decide

elect preside

 

Task 10. Make up sentences using the following word-expressions:

The judicial function, to hear appeals, criminal jurisdiction, consists of two judges, sittings are held, indictable offences, inferior courts, civil jurisdiction, Circuit judges, try summarily, minor offences.

 

Task 11. Fill in the gaps with the appropriate prepositions:

1. The highest court is the House … Lords.

2. The High Court is divided… three divisions.

3. Judges sit singly… juries.

4. There is an established convention dating … 1844.

5. The criminal jurisdiction of the High Court is exercised … the Queen’s Bench Division.

6. Divisional courts consisting … two judges have limited jurisdiction …

certain cases.

7. …. theory appeal to the House of Lords is an appeal … the whole House.

8. The Central Criminal Court is a sitting … the Crown Court.

9. Cases may be appealed … the Crown Court.

10. Defendants may be remitted sentence … the Crown Court.

 

Task 12. Decide which word is an odd one:

1. 1) convention 2) code 3) custom 4) legislation 5) judicial precedent;

2. 1) opposition 2) majority 3) Cabinet 4)Prime Minister 5)Home Secretary;

3. 1) life peerage 2) delaying power 3) Lord Chancellor 4) House of

Commons 5) Lords spiritual;

4. 1) recommend 2) pass 3)abolish 4)enact 5)amend;

5. 1) binding precedent 2) judicial decision 3) parliamentary sovereignty

4) common law 5) authority;

6. 1) criminal law 2) case-law 3) Land Law 4) Jurisprudence 5)Law of

Tort;

7. 1) court 2) judge 3) tribunal 4) investigator 5)barrister.

 

Task 13. Answer the following questions:

1. What are two main areas of jurisdiction of English courts?

2. Which courts exercise jurisdiction in both areas?

3. Which are the superior courts in England and Wales?

4. Which is the final court of appeal?

5. Which division of the High Court has criminal jurisdiction?

6. What is the maximum number of appeals in a civil case?

7. And in a criminal case?

8. Do the county courts hear all civil cases?

 

Task 14. Translate the following text into English:

Магістратські суди – це суди, де слухаються дрібні цивільні та карні справи. Вони охоплюють всю територію країни. У самому Лондоні та в інших великих містах, в таких судах головують судді – магістрати. Це професійні юристи, які отримують платню, зазвичай вони засідають одноосібно. В інших місцях країни в таких судах головують мирові судді (зазвичай в складі трьох осіб), які не отримують платню, але котрі повинні мати бездоганну репутацію. Їх навчають основам судочинства, а магістратські клерки допомагають їм у питаннях судової процедури.

Task 15. Form adjectives from the following nouns:

judge, function, parliament, theory, appeal, practice, crime, division, jurisprudence, limit, person, suit, sentence.

 

Task 16. Complete the following text using the words from the box:

THE JURY IN BRITAIN

criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; unanimous; undertake

Trial by jury is an ancient and important feature of English Justice. Although it has declined in _____ _____ (except for libel and fraud), it is the main element in criminal trials in the crown court. Jury membership was once linked to the _____ _____, which resulted in male and middle-class dominance. But now most categories of British residents are obliged to _____ jury service when summoned.

Before the start of criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names _____ selected from local electoral registers. They listen to the _____ at the trial and give their verdict on the facts, having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the _____ may be ‘guilty’ or ‘not guilty’, the latter resulting in acquittal. Until 1967 the verdict had to be _____. But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there no more than two dissenters.

In Scotland the jury’s verdict may be ‘guilty’, ‘not guilty’ or ‘not proven’; the accused is _____ if either of the last two verdicts is given. As a general rule no one may be _____ without corroborated evidence from at least two sources.

If the jury acquits the defendant, the prosecution has no _____ and the defendant cannot be tried again for the same offence.

A jury is independent of the _____. Any attempt to interfere with a jury is a _____ _____. Potential jurors are put on a panel before the start of the trial. In England and Wales the prosecution and the defence may _____ individual jurors on the panel, giving reasons for doing so. In Scotland the prosecution of defence may challenge up to three jurors without reason. In Northern Ireland each defendant has the right to challenge up to 12 potential jurors without given a reason.

People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are _____ _____ jury service and their names are chosen at random. Ineligible people include, for example, judges and people who have within the previous ten years been members of the legal profession or the police, prison or probation services. People convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has received a prison sentence of five years or more is _____ for life.

 

Just for Fun Jury is a group of twelve men who, having lied to the judge about their hearing, health, and business engagements, have failed to fool him. Henry Lewis Mencken

Task 17. Read the following text and write down Ukrainian equivalents for the words and expressions in bold type:

KINDS OF CASES

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases

Civil cases are usually disputes between of among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is, that the plaintiff’s version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil case. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

In Great Britain in civil cases, the person suing was, until 1999, known as the PLAINTIFF, but is not officially called the CLAIMANT, and the person sued is the DEFENDANT.

Criminal Cases

A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant’s innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

 

Task 18. Find in the text above the English equivalents for the following words and expressions:

1. заява про звинувачення

2. елемент (складу) злочину

3. презумпція невинності

4. свідчення (2)

5. позивач

6. судовий розгляд (3)

7. приватні особи

8. грошова компенсація шкоди

9. одноголосне рішення присяжних

10. наявність біль вагомих доказів

11. письмове пояснення, заперечення відповідача по справі

12. відповідач

13. зустрічний позов

14. тягар доказів

15. відповідальність за шкоду

16. подати позов / порушити справу

17. заслухати свідчення

18. заявити про свою невинність

 

Task 19. Translate the following definitions into Ukrainian:

DEFENDANT – (crim.) person charged with a crime; (civ.) person or entity against whom a civil action is brought.

ACTION – proceeding taking in court synonymous to case, suit, lawsuit.

PREPONDERANCE OF EVIDENCE means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF – the party who begins an action, complains or sues.

COUNTERCLAIM – claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT – (crim.) formal written charge that a person has committed a criminal offence; (civ.) initial document filed by a plaintiff which starts the claim against the defendant.

 

Task 20. Match the following English expressions with their Ukrainian equivalents: