The Organization of the Federal Courts Today

The American court system is complex. It functions as part of the federal system of government. Each state runs its own court system, and no two are identical. In addition, we have a system of courts for the national government. These federal courts coexist with the state courts.

Individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. They can sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are resolved in the state courts.

The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US district courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court. To appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts, with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases; the judges in these courts are known as generalists.

 

1. Find in the text the English equivalents for the words below.

- сосуществовать;

- частные лица;

- суды штатов;

- подать иск;

- федеральные суды;

- подавляющее большинство;

- подпадать под юрисдикцию;

- разрешить дело в судебном порядке;

- ярус;

- Верховный суд;

- судебное разбирательство, тяжба;

- окружные суды;

- высшие суды;

- аппеляционные суды;

- исключение;

- низшие суды;

- суд последней инстанции;

- рассматривать дело.

 

2. Answer the questions.

1. Who is responsible for making laws in the US?

2. Name American courts in the descending order.

3. In what way are the federal courts organized?

4. Where does litigation begin?

5. What does the word "to appeal'' mean?

 

3. Fill in the blanks.

The Federal and State Court Systems

The federal courts have three tiers: (a)_____________courts, courts of (b)____________ and the (c)____________Court. The (d)_____________Court was created by the Constitution; all other (e)____________courts were created by Congress. Most litigation occurs in (f)_____________courts. The structure of (g)____________courts varies from state to state; usually there are (h)____________for less serious cases, (i)_____________for more serious cases, intermediate (j)____________courts, and courts of last (k)____________.State courts were created by state constitutions.

4. Read the text.

US Attorneys

The Justice Department is responsible for faithful execution of the laws under the president's authority. The main administrators of federal law enforcement are the ninety-four US attorneys, appointed by the president with the advice and consent of the Senate. Unlike federal judges, these appointees serve at the pleasure of the president and are expected to relinquish their positions when the reins of government change hands.

There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount of litigation in the district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district.

US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the Southern District of New York (covering a large portion of the New York metropolitan area). Over the next five years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized crime figures, and Wall Street inside traders. Giuliani's activities generated reels and reams of favourable press coverage, he even appeared on a Newsweek cover. This kind of public exposure can help a US attorney launch a successful career in elected office. As a powerful prosecutor or potential opponent, Giuliani's name must make some politicians shudder.

 

5. Paraphrase the following expressions.

a) faithful execution of laws;

b) under somebody's authority;

c) consent;

d) appointee;

e) to relinquish;

f) amount of litigation;

g) to prosecute; h) elected office; i) inside traders; j) press coverage;

k) to harbour political ambitions;

1) to launch a career.

 

6. Answer the questions.

1. What is an attorney in the US? How is he appointed?

2. When does an attorney resign?

3. What does the number of assistant attorneys in federal judicial districts depend on?

4. What makes attorneys so important in American communities?

5. How do attorneys in the US realize their political ambitions?

6. What example in the text proves that US attorneys harbour political ambitions?

 

7. Work in pairs. Discuss the difference between the American and British lawyers.

8. Put this story in the correct order. The first event has been given.

a they found both men guilty.

b and charged them with the robbery.

c £10,000 was stolen from a bank in the High Street. – 1

d After the jury had listened to all the evidence

e The judge gave the men a prison sentence of five years.

f The trial took place two months later.

g and they finally arrested two men.

h They questioned them at the police station

i The police interviewed a number of witnesses about the crime

9. Fill the gaps with the correct word.

1.A: Have you ever....................... the law?

B: No, never.

2. A: Does anyone know why she.................. the crime?

B: I think she needed the money.

3. A: Is it legal to ride a motorbike without a license?

B: No, it's the law.

4. In Britain it is........................ to drive a car without insurance.

5. If you drive through a red light, you will have to pay a.........

6. The defendant must try to.................... he or she is innocent.

7. The jury must decide if the defendant is innocent or...........

8. Before they reach a decision, the jury must look at the ……………. carefully.

9. If someone is guilty of murder, the................ will be at least ten years in prison.

10. He has been in trouble before, but it was only a minor........

10. Read the information below, then answer the questions below, based on your knowledge of the law in your own country.

Two 15-year-old boys broke into a house when the owner was out, and took money and jewellery worth about £900. The owner reported the crime when she got home at 6 pm.

1 Will the police investigate this crime?

2 How will they investigate? What will they do?

3 Do you think the police will catch the two boys?

4 If they do, what crime will they be charged with?

5 Can boys of this age go to prison?

6 What do you think the sentence would be? Do you think this is the correct sentence?

 

CRIMINAL LAW

Warming-up

1. Is there a clear distinction between civil and criminal procedures in your country?

2. Can you explain what the word "crime" means?

3. Is there any difference between serious and less serious crimes?

Read the text and say again what "crime" is.

CRIMINAL AND CIVIL CASES

Crime is a violation of a law that forbids or commands an activity. Such crimes as murder, rape, arson are on the books of every country. Because crime is a violation of public order, the government prosecutes criminal cases.

Courts decide both criminal and civil cases. Civil cases stem from disputed claims to something of value. Disputes arise from accidents, contractual obligations, and divorce, for example.

Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.

Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.

Some courts, such as the English Magistrates Courts and the Japanese Family Court, deal with both civil and criminal matters. Others, such as the English Crown Court, deal exclusively with one or the other.

In Anglo-American law, the party bringing a criminal action (that is, in most cases the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Brown would be described as "The People vs. (versus, or against) Brown" in the United States and "R. (Regina, that is, the Queen) vs. Brown" in England. But a civil action between Ms. Brown and Mr. Smith would be "Brown vs. Smith" if it was started by Brown, and "Smith vs. Brown" if it was started by Mr. Smith.

Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.

Vocabulary

violation (n) — нарушение закона

violate (v) — нарушать закон

forbid (v) (forbade; forbidden) — запрещать

rape (n) — изнасилование rapist (n) — насильник

rape (v) — насиловать

arson (n) — поджог

arsonist (n) — поджигатель

to set on fire — поджигать

claim (n) (for)— 1. требование, претензия, заявление; 2. иск

claim (v) — 1. требовать (возмещения убытков); 2. заявлять права, подавать иск

claimant (n) — предъявляющий права, истец

distinction (n) — различие

force (v) — заставлять, принуждать

defendant (n) — ответчик, подсудимый, обвиняемый

fine (n) — штраф

victim (n) — жертва, пострадавший

pursue (v) — 1. предъявлять иск; 2. преследовать

compensation (n) — возмещение убытков, компенсация

procedure (n) — процедура

allow (v) — позволять, давать возможность

action (n) — судебный процесс, обвинение, иск

plaintiff (n) — истец

road accident — дорожно-транспортное происшествие

injure (v) — причинить вред, ранить

prove (v) — доказать, подтвердить

damage (n) — убыток, ущерб (мн.ч. — компенсация за убытки)

Exercises

1. Tick off the true sentences.

1. Usually courts don't decide civil cases.

2. In England a defendant can be forced to pay a fine.

3. Civil actions can never be started by individuals.

4. Criminal and civil procedures are considered different in all the сountries.

5. The plaintiff can claim for compensation in Court.

 

2. Choose the correct alternative in each case to complete the sentence.

1. The English Magistrates' Courts deal with.

a) civil and criminal cases;

b) most serious crimes;

c) civil cases only

2. The victim of a road accident can get compensation if

a) the driver, who injured him, was drunk;

b) the driver, who injured him, pleads himself guilty;

c) he (the victim) proves his case in a civil action

3. The phrase "The people vs. Smith" means

a) a civil case against a person;

b) a civil or a criminal case against a person;

c) a criminal case against a person

4. The Japanese Family Court deals with

a) divorce proceedings;

b) civil and criminal cases;

c) crimes committed by children under 17.

 

 

3. Choose the right verb to complete the sentence.

1. The law forbids/permits/approves any criminal activity.

2. Criminal cases equal to/ differ from/imply civil cases.

3. The victim of a road accident must prove/negotiate/disguise his case in court.

4. Courts must ignore/decide/differentiate criminal and civil cases.

5. An English criminal court can allow/force/offer a defendant to pay fine as a punishment.

4. Give the Russian equivalents to the following words and phrases.

• to violate the law

• to be found guilty of arson

• to make a rather clear distinction, between

• to pay a fine as punishment

• victims of the road accident

• one's claim for compensation

• "The People vs. Mr. Smith"

• the main argument

• civil court

• a rapist

• court procedure

• be injured in a road accident

• to force to pay a fine

5. Read the text again and find antonyms for the following words.

to observe similarity to do good

to permit benefit to disapprove

criminal

6. Fill in the gaps with words and expressions from the text.

1. He was seriously ___________ in a __________.

2. ______________ is a person who brings an action of law.

3. Every citizen in a democratic country may ________________ the protection of the law.

4. It's __________ to drive at high speed.

____________ was ___________ by the Court to pay a _________.

Are you going to start ______________ against the company?

He was constantly ___________ by that nightmare.

He claimed $5000 ___________ from his employers for the loss of his health at work.

_____ a private ______ to bring a prosecution against other citizens.

I will _________ to you that the witness is quite unreliable.

7. a) Crime is a problem in most countries, especially in the large cities. Here is a list of some criminals and the crimes they commit, but it is incomplete. Fill in the missing parts. Use a dictionary if necessary.

Criminal	Crime	The criminal…
Thief	robbery/theft	stole some jewellery
Murderer		killed the policeman
	hijacking	hijacked a plane
Drug dealer Drug pusher	drug dealing	dealt in pushing cocaine
	kidnapping
Rapist
Mugger		mugged an old lady
Car thief		stole BMW
	trespass	trespassed on/upon Mr. Brown’s (private) property
	robbery
Terrorist		committed an act of terrorism (e.g. bombing, murder, kidnapping)

b) Which is the worst kind of crime in your opinion? Why? Discuss in a group.

8. Change the verbs to the Past Simple or the Past Continuous. Then retell the story.

THE UNLUCKY BURGLAR

One evening Alf (watch) the television and (eat) his supper when the door suddenly (open) and a burglar (come) in. He (wear) a mask and (carry) a sack. Before doing anything else he (tie) Alf to the chair. Then he (go) upstairs to look for money. Although he (not find) any money he (find) lot of jewellery, which he (put) into his sack. In his rush to get downstairs he (not see) the dog which (lie) at the bottom of the stairs and he (fall) over it, loosing his glasses. While the burglar (look for) them, Alf (try) to free himself. Finally Alf (manage) to escape and he (phone) the police. As soon as the burglar (find) his glasses he (run) out of the house. However, unfortunately for him, the police (wait) for him at the end of the garden.

 

Law: basic terms

9. The following terms introduce you to the law and basic legal terminology. Below are the definitions. Find the definition for each term.

authority court govern judge law enforcement agency lawyers legal action legal system legislation rule the judiciary tribunal

 

1. a body that is appointed to make a judgement or inquiry tribunal

2. a country's body of judges __________

3. an act or acts passed by a law-making body __________

4. behaviour recognized by a community as binding or enforceable by authority ____________

5. legal proceedings __________

6. an official body that has authority to try criminals, resolve disputes, or make other legal decisions __________

7. an organization responsible for enforcing the law, especially the police _________

8. a senior official in a court of law __________

9. the body or system of rules recognized by a community that are enforceable by established process _______________

10. the control resulting from following a community's system of rules _________

11. members of the legal profession ______________

12. to rule a society and control the behaviour of its members _______________

 

Lawyer is a wide term which refers to all professionals working in the legal profession; it does not refer to a specific job.

 

 

Law: basic concepts

10. Complete the following text about basic legal concepts using the following words and phrases. Use each term once.

authority court govern judges

law enforcement agency lawyers legal action legal eystems legislation rule the judiciary tribunal

 

Why do we have laws and legal systems? At one level, laws can be seen as a type of_______________which is meant to______________behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs. Law, the body of official rules and regulations, generally found in constitutions and_______________, is used to govern a society and to control the behaviour of its members. In modern societies, a body with ______________, such as a______________or the legislature, makes the law; and a_______________, such as the police, makes sure it is observed. In addition to enforcement, a body of expert______________is needed to apply the law. This is the role of_______________, the body of______________in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or_______________. One thing, however, seems to be true all over the world - starting a_______________is both expensive and time-consuming.

 

Nouns in English can be divided into countable and uncountable. Countable nouns have a singular and a plural form; uncountable nouns have only one form. Law is a countable noun; legislation is an uncountable noun.