The Court System of England and Wales

Nowadays courts can be created only by act of Parliament. Courts may be classified in a number of ways, for example, superior and inferior courts*. The most usual difference is, however, between criminal and civil cases.

There are two main types of court in England and Wales: magistrates’ courts (or courts of the first instance), which deal with about 95 per cent of criminal cases and with some civil matters, and Crown Courts for more serious offences. All criminal cases above the level of magistrates’ courts are held before a jury.

There are about 700 magistrates’ courts in England and Wales, served by approximately 28,000 unpaid magistrates or Justices of the Peace (JPs) who are ordinary citizens. A court normally consists of three magistrates, who are advised on points of law by a legally qualified clerk. They may not impose a sentence of more than six months imprisonment or a fine of more than 2000 pounds, and may refer cases requiring a heavier penalty to the Crown Court. A Crown Court is presided over by a professional judge, but the verdict is reached by a jury of twelve citizens who are selected at random. There are some offences where the defendant is given the choice of having his case heard in the magistrates’ court or the Crown Court.

A person convicted in a magistrates’ court may appeal against its decision in the local Crown Court, which will hear the appeal without a jury. On points of law he may appeal directly to the Queen’s Bench Division of the High Court. Appeals against a decision of the Crown Court go first to the High Court and, in special cases, to the Court of Appeal (Criminal Division). The highest court of appeal is the House of Lords. The decisions of law lords on both criminal and civil matters bind all other courts. Only the government can overturn a decision of the House of Lords by passing an Act of Parliament.

Apart from the limited civil functions of magistrates’ courts, the lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract disputes and actions regarding the property of a dead person. Cases involving larger amounts of money are heard by one of the divisions of the High Court. Appeals from the High Court, and most appeals from the County Courts, go to the Court of Appeal (Civil Division).

In addition to the courts mentioned above there are numerous special courts which have been established to make decisions in particular types of dispute, for example, juvenile courts and coroners’ court.

Vocabulary notes

superior courts суды высшей инстанции

inferior courts суды низшей инстанции

Task 2. Find the English equivalents.

Суды высшей инстанции, магистратские суды, Суд Короны, Апелляционный суд, штраф, заключение в тюрьму, суд присяжных, окружные суды, суды по делам несовершеннолетних.

Task 3. Agree or disagree.

1. All criminal cases above the level of magistrates’ courts are held without a jury.

2. A court normally consists of three magistrates.

3. A Crown Court is presided over by a Magistrate.

4. The decisions of law lords on civil matters bind all other courts.

5. The judges are always professionals.

Text 3.

Task 1. Read and translate the text.

 

Courts in the United States

The United States court system has varied a great deal throughout the history of the country. The Constitution, written in 1787, established a separate judicial branch of government which operates independently alongside the executive and legislative branches. Within the judicial branch, authority is divided between state and federal (national) courts. At the head of the judicial branch is the Supreme Court, the highest federal court in the USA consisting of nine justices and having jurisdiction overall other courts in the nation. The court meets on the first Monday of October each year. It continues in session usually until June.

Federal courts handle cases which arise under the US Constitution or under any Law or treaty, as well as any dispute to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states. A case which falls within federal jurisdiction is heard first before a federal district judge. An appeal may be made to the Circuit Court of Appeals, and possibly, in the last resort, to the US Supreme Court.

The Constitution recognized that the states have certain rights and authorities beyond the power of the federal government. States have the power to establish their own systems of criminal and civil laws, with the result that each state has its own laws, prisons, police force, and state court. Within each state, there are also county and city courts. Generally, state laws are quite similar, but in some areas there is great diversity. The minimum age for marriage and the sentences for murder vary from state to state. The minimum age for the purchase of alcohol is 21 in more states.

The US court system may be likened to a pyramid. At the top of it is the Supreme Court.

On the next level stand the US courts of appeal in 11 circuits. Each circuit includes three or more states. Each court consists of between 3 and 15 judges depending on the amount of work in the circuit.

On the lowest level stand the US district courts, 94 in all where cases are initially tried. Each state has at least one court (state trial court) and from 1 to 27 judges depending upon the volume of cases which must be decided.

A person involved in a suit in a US court may thus proceed through three levels of decision. His case will be heard and decided by one of the courts on the lower level. If either party is dissatisfied with the decision rendered, he may have review of right in one of the courts of appeals. Then, if he is still dissatisfied, but usually only if his case involves a matter of great national importance, he may obtain review in the US Supreme Court.

 

Task 2. Answer the questions:

 

1. What is the role of the American Constitution in establishing the judicial branch?

2. How do you understand the following saying “authority is divided between state and federal (national) courts”?

3. Is the US Court System pyramidal in its organization?

4. What is the highest court in the USA?

a. What cases do federal court handle?

b. Do the states have rights and authorities beyond the power of the national government?

c. Which US courts have review of right?

 

Text 4.