Правоведение ЗО (полный) 1 курс 2-й семестр 


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Правоведение ЗО (полный) 1 курс 2-й семестр



Тематические тексты

Правоведение ЗО (полный) 1 курс 2-й семестр

LAWYERS IN BRITAIN

England has different kinds of lawyers with different jobs in the legal system.

If a person has a legal problem, he will go and see a solicitor. A solicitor does the legal work involved in buying a house, for instance. He writes legal letters for his clients and carries on legal arguments outside Court. A solicitor prepares the case and the evidence and actually speaks for his client the Magistrates’ Courts.

To qualify as a solicitor, one has just to join a solicitor as a clerk and work for him whilst studying part time for his Law Society exams. When he has passed all the necessary exams, he can start business on his own. There are about 50,000 solicitors, a number which is rapidly increasing.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law and on advocacy (the art of presenting cases in Court). They are called in to advise on really difficult points and have the right to speak and argue in higher law courts.

To qualify a barrister one must have special legal university training and has to take the examinations of the Bar Council. Only barristers can become judges in English Court above a Magistrates’ Court.

A judge is a public official with authority to hear and decide cases in a law court. They deal with the most serious cases for which the criminal might be sent to prison for more than a year. High Court Judges have considerable legal training and are paid salaries by the State. They are appointed by the Crown.

Magistrates, or Justices of the Peace (JPs) are ordinary citizens and who are selected by special committees in every town and district. They are selected not because they have some legal training but because they have ‘sound common sense’. They judge cases in the lower courts (Magistrates’ Courts) and are unpaid.

 

 

JUDICIAL SYSTEM OF THE UK

The judicial system of the UK comprises courts of five levels.

The highest court is the Supreme Court. It consists of 12 judges. The main role of the Supreme Court is to hear appeals from courts in England and Wales, Northern Ireland, and Scotland. The Supreme Court hears appeals on commercial disputes, family matters, judicial review claims against public authorities. It also hears some criminal appeals. Because of the doctrine of parliamentary sovereignty, the Supreme Court is more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament.

The Court of Appeal has civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, special courts, and certain tribunals. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

The High Court in its civil jurisdiction is divided into three Divisions, (Queen’s Bench, Chancery, and Family). Divisional courts of each of the divisions have limited appellate jurisdiction in certain cases. The criminal jurisdiction of the High Court is exercised exclusively by the Queen’s Bench Division. A divisional court deals with appeals from a Crown Court and magistrates’ courts, and also exercises the supervisory jurisdiction of the court.

The Crown Court exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen’s Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes.

The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only over indictable offences committed in Greater London or on the high seas.

Country courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.

Magistrates’ courts consist of a stipendiary magistrate or of from two to seven lay justices of the peace. Magistrates’ courts have civil jurisdiction in relation to certain debts, licences, and domestic proceedings. A magistrates’ court may try many minor statutory offences. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.

 

 

THE CODE OF CRIMINAL LAW (А)

The Code of Criminal Law comprises two parts: the general part and the special part. The general part of the Code contains five sections, which in their turn are subdivided into chapters and articles. All in all the special part of the Code contains 16 chapters and 121 articles. Articles are segmented into parts and paragraphs.

The first section of the Code contains two chapters stating general provisions and the scope of criminal law in time and area.

The second section is entitled ‘Grounds and conditions of criminal liability’. It contains 5 chapters (from 3 to 7) and provides general definitions of crimes and delinquency, the conditions of criminal liability, the circumstances eliminating delinquency, and multiple crimes.

Section 3, which comprises 6 chapters, is entitled ‘Criminal liability’. It states general provisions concerning criminal liability, kinds of punishments, exemption from criminal liability, and cancellation of conviction.

Section 4 comprises only one chapter, which designates compulsory measures of security and medical treatment.

Section 5 describes features of juvenile criminal liability and specific punishments applicable to minors.

The special part of the Code of Criminal Law is much larger and contains 344 articles organized into 10 sections and 21 chapters. This part of the Code defines special kinds of crimes and punishments for these crimes. Section 6, for instance, defines crimes against peace, humanity crimes and war crimes. This special part of the Code also provides definitions of crimes against individuals, such as crimes against life and health, sexual crimes, crimes against family, encroachments on personal liberty, honor, dignity and constitutional rights and liberties of citizens.

Chapter 8 defines crimes against property and crimes in the sphere of entrepreneurship.

There are also chapters concerning environmental crimes, crimes against public safety and health, and crimes against traffic safety.

This part of the Code provides definitions of crimes against public order and public moral.

A separate chapter, Chapter 12, is designated for a specific kind of crimes – crimes against informational security.

The special part of the Code in Chapter 13 defines crimes against the state, government, justice and public service.

There is also a special chapter defining military crimes and the crimes of conscripts.

It should be mentioned that the Code of Criminal Law is not an immutable document. It must reflect the changes, which are taking place in the society. For instance the toughening of the traffic regulation in the part of overspeeding and drunk driving necessitates amending of the Code both in the definition of crimes and the punishments.

 

KINDS OF CASES

There are two kinds of cases: criminal cases and civil ones.

The disputes between or among private citizens, legal entities and government agencies are civil cases. Most often the party bringing the suit demands money damages for the harm caused. The parties of a civil case are called the plaintiff and the defendant. The plaintiff starts the case by submitting a complaint, where the case against the defendant is stated. The defendant usually files the answer, in which the defendant’s view of the case is stated. The defendant may also file the counterclaim if there has been a wrong committed by the plaintiff. In a civil case the plaintiff has to prove the case against the defendant. The both sides may and usually do resort to the assistance of lawyers. The lawyers hired by the sides collect evidence and present it in the court. The burden of proof in a civil case is a preponderance of evidence. It means that the plaintiff’s view of the case is considered more probably true. Very often the decision in a civil case is made by a sole judge. Nevertheless, some civil cases are decided by a jury. In this case the decision of the jury does hot have to be unanimous. If the jury consists of 6 jurors, the agreement of 5 jurors is enough to make the verdict. In case of 12 jurors, the agreement of 10 is necessary.

A criminal case is usually brought by the state against a person or persons accused of a crime. In this kind of cases the state is called the plaintiff. The accused person is called the defendant. The charge against the defendant is called an information or a complaint. The main principle of the criminal law is strictly observed: the defendant is not guilty until the jury finds him or her guilty. The plaintiff’s burden of proofs in criminal cases is much greater than in civil cases. The plaintiff must prove each element of the crime beyond reasonable doubt. In criminal cases the verdict of the jury must be unanimous in order to overcome the presumption of innocence.

 

 

Тематические тексты

Правоведение ЗО (полный) 1 курс 2-й семестр

LAWYERS IN BRITAIN

England has different kinds of lawyers with different jobs in the legal system.

If a person has a legal problem, he will go and see a solicitor. A solicitor does the legal work involved in buying a house, for instance. He writes legal letters for his clients and carries on legal arguments outside Court. A solicitor prepares the case and the evidence and actually speaks for his client the Magistrates’ Courts.

To qualify as a solicitor, one has just to join a solicitor as a clerk and work for him whilst studying part time for his Law Society exams. When he has passed all the necessary exams, he can start business on his own. There are about 50,000 solicitors, a number which is rapidly increasing.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law and on advocacy (the art of presenting cases in Court). They are called in to advise on really difficult points and have the right to speak and argue in higher law courts.

To qualify a barrister one must have special legal university training and has to take the examinations of the Bar Council. Only barristers can become judges in English Court above a Magistrates’ Court.

A judge is a public official with authority to hear and decide cases in a law court. They deal with the most serious cases for which the criminal might be sent to prison for more than a year. High Court Judges have considerable legal training and are paid salaries by the State. They are appointed by the Crown.

Magistrates, or Justices of the Peace (JPs) are ordinary citizens and who are selected by special committees in every town and district. They are selected not because they have some legal training but because they have ‘sound common sense’. They judge cases in the lower courts (Magistrates’ Courts) and are unpaid.

 

 

JUDICIAL SYSTEM OF THE UK

The judicial system of the UK comprises courts of five levels.

The highest court is the Supreme Court. It consists of 12 judges. The main role of the Supreme Court is to hear appeals from courts in England and Wales, Northern Ireland, and Scotland. The Supreme Court hears appeals on commercial disputes, family matters, judicial review claims against public authorities. It also hears some criminal appeals. Because of the doctrine of parliamentary sovereignty, the Supreme Court is more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament.

The Court of Appeal has civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, special courts, and certain tribunals. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

The High Court in its civil jurisdiction is divided into three Divisions, (Queen’s Bench, Chancery, and Family). Divisional courts of each of the divisions have limited appellate jurisdiction in certain cases. The criminal jurisdiction of the High Court is exercised exclusively by the Queen’s Bench Division. A divisional court deals with appeals from a Crown Court and magistrates’ courts, and also exercises the supervisory jurisdiction of the court.

The Crown Court exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen’s Bench Division of the High Court, circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes.

The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only over indictable offences committed in Greater London or on the high seas.

Country courts have exclusively civil jurisdiction, which is limited in extent and in area, and which is entirely statutory. The judges are persons who also hold office as Circuit judges of the Crown Court.

Magistrates’ courts consist of a stipendiary magistrate or of from two to seven lay justices of the peace. Magistrates’ courts have civil jurisdiction in relation to certain debts, licences, and domestic proceedings. A magistrates’ court may try many minor statutory offences. Cases may be appealed to the Crown Court or defendants remitted for sentence to the Crown Court.

 

 



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