2018-01-21
905
a) There can’t be perfect laws.
b) The law which protects private property.
c) The law which preserves life.
V. Match each word on the left with the correct definition on the right.
| 1. Law | a) an official rule that all citizens of the country must obey |
| 2. Benefit | b) to take something that doesn’t belong to you |
| 3. Protection | c) the crime of taking money or other things from a bank, shop, especially by using threats or violence |
| 4. Murderer | d) advantage, profit, help |
| 5. Jungle | e) generally accepted behaviour in a social group |
| 6. Imperfect | f) keeping safe from harm, illness or danger |
| 7. Custom | g) land covered thickly with growing underwood, tangled vegetation |
| 8. Robbery | h) someone who has deliberately killed another person |
| 9. Steal | i) not complete |
| 10. Rely on | j) depend on with confidence. |
VI. Give the English equivalents for:
приписувати щось;
описувати щось;
звичаї / традиції країни;
без покарання;
захищати власність;
страх бути викраденим, вбитим, пограбованим;
жити в безпеці;
члени громади;
розраховувати на щось;
недосконалі закони;
моральна поведінка;
порушувати правила;
запроваджувати закони.
VII. Agree or disagree with the statements. Give your reasons.
1. We don’t need laws because no country can provide its citizens with perfect laws.
2. Without laws and customs people would live like predators.
VIII. Answer the questions:
1. Are laws for ordinary people or for lawyers?
2. Do you always observe the law?
3. Do you think laws change in the course of time?
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IX. Explain the meaning of the following words: order, chaos, laws and customs. Is there any difference between them?
X. Practice the following for pronunciation.
Legal, prosecute, Commonwealth, value, current, Cambridge, procedure, Equity, area, circumstance, culture, statue.
XI. Read and translate the text.
Classification of law
Each country in the world has its own system of law. Law is an important part of culture of any society. Like its language, law reflects values, history and current problems of a society. Law is found in constitutions, statues, cases decided by courts, regulations and ruling of administrative agencies.
There are two main traditions of law in the world. One is based on English Common law and has been adopted by many Commonwealth countries and most of the USA. The other tradition, or Roman law, has developed on most continental Europe, Latin America and many countries in Asia and Africa.
At an English university Law is divided into different subjects or “branches” for study. There is a list of subjects students study in the Law Faculty at Cambridge University: Roman Law (Civil Law), Constitutional Law, Criminal Law, Land Law, International Law, Commercial Law, Labour Law, Conflict of Law, E. E. Law, Criminology, Criminal Procedure and Criminal Evidence, Equity.
Administrative Law is the area of Law relating to the functions and powers of government organizations and how they operate in practice to administer government policy.
Constitutional Law is the law relating to the legal structure of government in a State. It defines the principal organs of government and their relationship to each other and to the individual.
Private Law. In general, private law is the part of the law which deals with relations between ordinary individuals and also between ordinary individuals and the State in circum stances where the State has no special rights or powers.
Public Law. In general, public law is the part of legal system which deals with the State and also with relations between the State and ordinary individuals in circumstances where the State has special rights or powers.
Family Law is the area of law relating to the organization of the family and the legal relations of its members.
Labour Law is the area of law relating to the employment of workers. It includes their contracts and conditions of work, trade unions and the legal aspects of industrial relations. It is also called Industrial Law.
Criminal Law is the law relating to crime. It means illegal conduct for which a person may be prosecuted and punished by the State.
Land Law is the area of law which deals with rights and interests related to owning and using land. Land is the most important form of property.
International Law is the system of law which regulates relations between states. It is a special system of legal rules which is not part of any nation system of law.
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The Law of Contract is the law relating to contracts.
The Law of Tort is the law relating to torts.
Comments
1. E. E. Law – Європейське економічне право.
2. Conflict of Law – конфліктне право.
3. Equity – право справедливості.
4. Commonwealth – спільність, співдружність.
5. Roman civil law – римське цивільне право
6. Law of Tort – правовий делікт.
7. Case Law – прецедентне право.
Word List
Statute – статут, законодавчий акт Парламенту;
case – судова справа;
English Common Law – англійське загальне право;
branch – гілка;
criminal evidence – кримінальне свідчення, доказ;
prosecute – порушувати судову справу;
to punish – карати;
to divide into – ділити;
regulations – нормативи;
statutory law – статутне право.
XII. Give the English equivalents for:
здійснювати політику уряду;
мати справу;
правові відносини;
включати;
профспілки;
регулювати відносини між країнами;
в тих випадках;
порушувати судову справу;
сучасні проблеми;
урядові установи;
протиправна поведінка.
XIII. Fill in the blanks
1. Law is an important part of …
2. Like its language, law reflects …
3. Law is found in …
4. Continental or Roman Law has developed …
5. Private Law is …
6. Family law is area of law …
7. International Law is the system of law …
8. The law of Tort is …
XIV. Read the following sentences and decide if they are true or false.
1. A particular legal system is closely connected with the history, political structure and social values of the country.
2. The legal system is fixed once and forever.
3. The law system is a universal thing.
4. Roman law has developed in the United States.
5. Each country in the world has its own system of law.
6. Law is found only in constitutions and statutes.
7. Family Law is the area of law relating to the organization of the family.
8. Constitutional Law deals with relations between ordinary individuals and the state.
XV. Ask questions to get the following answers.
1. Law reflects values, history and current problems of a society.
2. There are two main traditions of law in the world.
3. Law is found in constitutions, statutes, cases decided by courts and regulations.
4. Constitutional or Roman law has developed in most of Continental Europe, Latin America and many countries in Asia and Africa.
5. Constitutional law defines the principal organs of government and their relationship to each other and to the individual.
6. Land is the most important form of property.
XVI. Match the following.
| 1. Constitutional law | a) law connected with public wrongs against society |
| 2. Case law | b) a supreme source of law for a government |
| 3. Civil law | c) law enacted by a state or federal legislature |
| 4. Common law | d) law created by appellate courts |
| 5. Criminal law | e) body of regulations imposed by emperors of ancient Rome |
| 6. Roman Civil law | f) law reflecting customs of the people |
| 7. Constitution | g) law created by appellate courts. |
XVII. Answer the questions.
1. How do the two great systems of law, Common law and Roman civil law, differ?
2. What documents is law found in?
3. How can you define the term “Administrative law”?
4. What is Family law? What is it connected with?
5. What does International law regulate?
6. How can you define the term “Criminal law”? What are its main purposes and principles?
7. What do you suppose Labour law could be?
8. Define the concept “tort”. What are the main purposes of Tort law?
9. Do you know what the letters EEC stand for? Is Ukraine a member of the EEC? What is EE law?
10. What area of law interests you most?
XVIII. Write down a summary of the two texts on what law is.
XIX. Read, translate into Ukrainian and prove that the proverbs have sense.
1. Customs are as old as Adam.
2. Life is not a bed of roses.
3. Murphy's Law.
Unit 8
Courts in Great Britain
I. Transcribe and memorise the following words:
Proceeding, Magistrates’ Courts, offence, offender, indictable, throughout, preside, injury.
II. Read and translate the text.
Judiciary in Great Britain
Criminal Proceedings. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates' Court and the Crown Courts, and the courts of appeal are the Court of Appeal and the House of Lords.
The Magistrates' Court. The most common type of law court in England and Wales is the Magistrates' Court. The Magistrates' Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable offences) then go to the Crown Court. Civil cases are dealt with in County courts.
Magistrates' Courts have limited powers of penalty but they may commit a convicted offender to the Crown Court if it is considered that the powers of the Magistrates' Court are insufficient. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.
Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 1 8 years.
The Crown Court. The Crown Court is the senior court of trial for criminal offences. The courts are established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit Judge or Recorder who sits with a jury. The Crown Court for the City of London is the Central Criminal Court, also known as the Old Bailey.
The Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the Magistrates' Court.
The Court of Appeal. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.
The House of Lords. The House of Lords is the most senior and final court of appeal.
Civil Proceedings. Civil proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice. County Courts are local courts and are presided over by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury.
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Word list
Judiciary — судочинство
court of trial — суд першої інстанції
court of appeal — апеляційний суд
the Magistrates' Court — Магістральний суд
the Crown Court — Королівський суд
juvenile court — суд у справах неповнолітніх
summary offence — злочин, який не становить великої суспільної небезпеки;
indictable offence — особливо тяжкий злочин;
jury — суд присяжних;
penalty — покарання, стягнення, штраф;
convicted — ув'язнений, в'язень;
prosecution — судовий розгляд;
judge — суддя;
to sentence for smth — засуджувати за щось; виносити вирок;
litigation — тяжба, спір;
to obtain financial redress for smth — одержати фінансове відшкодування за щось;
injury — образа, кривда;
III. Read and translate.
a) trial; jury trial; a fair trial; a closed trial, a court trial; to be on trial for murder; a field trial; to conduct a trial; to hold a trial; to bring somebody to trial, to put somebody on trial; to stand trial for murder; the case went to trial.
b) Sentence; to impose a sentence; to pass a sentence; to carry of a sentence; to execute a sentence; to serve a sentence; to reduce a sentence; to suspend a sentence; a severe sentence; a light sentence; a death sentence; a life sentence; a prison sentence; to sentence; to sentence to five years for theft.
IV. Fill in the blanks.
1. There are two courts of... and two courts of... for criminal proceedings in England, Wales and Northern Ireland,
2. The Magistrates' Court deals with....
3. More serious offences go to the....
4. Magistrates' Courts have limited powers of....
5. Magistrates' Courts may commit... to the Crown Court.
6. Approximately 95% of all... are dealt with in the Magistrates' Court.
7.... courts try most charges against children and young persons under the age of 18 years.
8. The Crown Court is the senior court of trial for.......
9. The Crown Court may hear... against conviction and/or... for some offences dealt with at the Magistrates' Court.
10. The Court of... hears appeals from criminal cases heard in the Crown Court.
11. The House of Lords is the most senior and final.......
12. Civil proceedings consist of... about property, family matters and actions to obtain... for damage to property and personal injury.
13. County Courts are... over by a single Judge.
14. Some cases before the High Court of Justice may be heard before....
V. Read the following sentences and decide if they are true or false.
1. The courts of trial are the Magistrates' Court and the Crown Court.
2. The courts of appeal are the Court of Appeal and the House of Lords.
3. The Magistrates' Court is the senior court of trial.
4. The Magistrates' Court deals with summary offences.
5. More serious offences are committed to the Crown Court.
6. Juvenile Courts try charges against convicted offenders.
7. Juvenile Courts try most charges against children and persons under the age of 18 years.
8. The Crown Court is the lower court of trial.
9. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.
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10. The House of Lords is the most senior and final court of appeal.
11. Criminal proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury.
12. County Courts are local courts and are presided over by a jury.
VI. Find words and expressions in the text which mean:
1. the system of law courts in a country;
2. place where law-cases are held;
3. person against whom a legal action is brought;
4. punishment for wrongdoing;
5. court where children are tried;
6. crime breaking of a rule.
VII. Ask questions to get the following answers.
1. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland.
2. The courts of trial are the Magistrates' Court and the Crown Court.
3. The courts of appeal are the Court of Appeal and the House of Lords.
4. The Magistrates' Court deals with summary offences.
5. The Crown Court deals with indictable offences.
6. Magistrates' Courts have limited powers of penalty.
7. Approximately 95% of all prosecutions are dealt with in the Magistrates' Courts.
8. Juvenile Courts try most charges against children and young persons under the age of 18 years.
VIII. Answer the following questions.
1. What courts are there in England, Wales and Northern Ireland?
2. What offences does the Magistrates' Court deal with?
3. Where must be the most serious offences committed to?
4. What charges do Juvenile Courts try?
5. What court is the senior court of trial for criminal offences?
6. What is the most senior and final court of appeal?
7. What do civil proceedings consist of?
8. Where is the High Court of Justice situated?
IX. Complete the following sentences by translating the words and expressions in brackets.
1. All criminal cases start in the (магістерському суді).
2. More serious criminal cases then go to (Королівський суд).
3. Civil cases are dealt with in (судах графств).
4. Appeals are heard by (апеляційними судами).
5. The highest court of appeal in England and Wales is (Палата лордів).
6. The legal system also includes (суди у справах неповнолітніх) which deal with offenders under seventeen.
X. Work in pairs. Discuss the following.
-What courts do you think would deal with:
a) careless driving?
b) a divorce case?
c) a shoplifting committed by a schoolboy?
d) an assault causing actual bodily harm?
e) a murder of a child? Use the following expressions.
I am sure that....
I am certain that....
- There is no doubt, I am not sure....
I can't say for sure....
I agree with you....
I can't agree with you.
XI. Read the text and translate it into Ukrainian.
The court system of England and Wales
The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30,000 magistrates.
More serious criminal cases then go to the Crown Court which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.
Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. Scotland has its own High Court in Edinburgh which hears all appeals from Scottish courts. Certain cases may be referred to the European Court of Justice in Luxembourg. In addition individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.
The legal system also includes juvenile courts which deal with offenders under seventeen and coroners' courts which investigate violent, sudden or unnatural deaths. There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals and disputes between individuals and government departments (for example, over taxation).
XII. Find in the text English equivalents for the following expressions:
- загальне право
- рішення суду
- кримінальний кодекс
- цивільний кодекс
- Королівський Суд
- цивільна справа
- суди графств
- Європейський суд у справах людини
- правова система
- суд у справах неповнолітніх
- кримінальна справа.
XIII. Answer the following question.
1. Who is responsible for making laws in Britain?
2. What is the difference between criminal and civil law?
3. What is the most common type of law court in England and Wales?
4. Name three other types of British courts.
XIV. Try to present information on judicial organizations in UK.
Unit 9
I. Transcribe and memorise the following words:
Alongside, burglary, murder, tier, jurisdiction, agency, circuit, feature, procedure, claim, violate.
II. Read and translate the text.
The court system of the USA
The American court system is complex, mainly because of the federal system of government in the USA. Each state runs its own separate system of courts. In addition, there is a separate system of federal courts, which operates alongside the state courts.
The structure of state courts varies from state to state. Usually there are minor trial courts for less serious cases, major trial courts for more serious cases, intermediate appellate courts and courts of last resort. The state's minor trial courts have various names: justice courts, small-claims courts, traffic courts, police courts, municipal courts, mayors' courts. The judges in these courts arc usually quite professional, but some states still have Justices of Peace - men and women who have never gone to law school and never taken the bar exam.The next level of the pyramid is made up of state's courts of general jurisdiction, which are the basic trial courts. These courts hear civil cases involving larger amounts of money than in minor trial courts. They also handle cases of serious crime, such as burglary, rape and murder. The judges are always lawyers.In states with small population the loser of the trial court can appeal directly to the state's top court usually called the Supreme Court. In other words, these states have "two-tier" court systems. The states with big or middle-sized populations have a "three-tier" system. Most appeals go to the middle level, and there they end.Federal courts are also organized in three tiers: district courts, courts of appeals and the Supreme Court. All federal judges are appointed for life. A case which falls within federal jurisdiction is heard first in one of the ninety-four district courts. Every state has at least one, in the larger states there are more than one district court. Each case is tried by a single judge, sitting alone.All cases resolved in the district courts and all decisions of federal administrative agencies can be appealed to one of the thirteen federal circuit courts. There are no jurors, witnesses, cross-examinations and other features of the trial courts here. The judges sit in panels made up of three judges each, examining rulings made and procedures followed in the trial courts. For most cases the circuit courts are the end of the line, but in some cases an appeal may be made to the highest court in the land: the U.S. Supreme Court. This court hears cases in which someone claims that a lower court ruling is unjust or in which someone claims that Constitutional law has been violated. The U.S. Supreme Court has only nine justices, headed by Chief Justice. The decisions of this Court are final and become legally binding.
Word list
to run – керувати
trial court – суд, який розглядає справу по суті
trial jury – мале журі
jury – склад присяжних засідателів
juror – присяжний засідатель
claim – претензія, позов
circuit – судовий округ апеляційного суду
tier – ярус
to appeal a case – подати апеляційну скаргу у справі
cross-examination – перехресний допит
minor trial court – суд нижчої інстанції
major trial court – суд вищої інстанції
burglary – крадіжка зі зломом
witness – свідок
violate – порушувати (право, закон)
violation – порушення (права, закону)
handle – управляти, розглядати
justice – суддя Верховного суду
chief justice – головний суддя, головуючий суддя
administrative agency – виконавчий орган
bind – зобов’язувати
III. Read and translate.
a) Court, trial court, district court, minor trial court, major trial court, state courts, federal courts, court of appeals, circuit court, criminal court, supreme court, bankruptcy court, court of primary, jurisdiction, court house, court room, court procedure, court decision.
b) Judicial, judicial circuit, judicial district, judicial code, judicial power, judicial precedent, judicial procedure, judicial statistics, judicial system, judicial investigation.
IV. Find the Ukrainian in the right-hand column for the following:
| 1. to hear a case | a) подати апеляційну скаргу у справі |
| 2. to review a case | b) перехресний допит |
| 3. to appeal a case | с) слухати справу |
| 4. cross-examination | d) переглянути справу |
| 5. court appeals | е) Верховний суд |
| 6. chief judge | f) склад суддів апеляційного суду |
| 7. civil case | g) апеляційний суд |
| 8. panel of judges | h) судовий перегляд |
| 9. Supreme Court | i) цивільна справа |
| 10. judicial review | g) голова суду |
V. Complete the following sentences.
1. Each state runs …
2. The structure of state courts varies …
3. The state’s courts handle cases of serious crime, such as …
4. Federal courts are organized …
5. All federal judges are appointed …
6. There are no … and other features of the trial courts here.
7. The US Supreme Court has …
8. The decisions of the US Supreme Court are …
9. In the larger states there are more …
10. Each case is tried by …
VI. Complete the following sentences by translating the words and expressions in brackets.
1. In addition, there is a separate system of (федеральних судів) which operates alongside the state courts.
2. The next level of the pyramid made up of states courts of (загальної юрисдикції).
3. Every state has at least one, in the large states there are more than one (окружний суд).
4. The U.S. Supreme Court has only nine justices, headed by (головою суду).
5. The American (судова система) is complex.
6. The basic trial courts hear (цивільні справи)
7. Federal courts are also organized in three (яруси)
VII. Match the following:
| judge | – | a)a lawyer appointed by the President, in each judicial district, to prosecute cases for the federal government |
| jurisdiction | – | b)the law as laid down in the decisions of the courts |
| trial jury | – | c)an agency of government authorized to resolve legal disputes |
| U.S. Attorney | – | d) a government official with authority to preside over and decide lawsuit brought to courts |
| case law | – | e) the legal authority of a court to hear and decide a certain type of case |
| court | – | f)a group of citizens who hear the evidence presented by both side at trial and determine the facts in dispute |
VIII. Read the following sentences and decide if they are true or false.
1. The structure of state courts varies from state to state.
2. Each state has at least one district court.
3. District courts handle both civil and criminal cases.
4. There are forty-nine district courts in the court system of the USA
5. All cases resolved in the district courts can be appealed to one of the federal circuit courts.
6. Each case in the district courts is tried by three judges.
7. Federal courts are organized in two tiers: district courts and courts of appeals.
8. All federal judges are appointed for eight years by the President.
9. The US Supreme Court is the highest tribunal in the United States.
10. The US Supreme Court includes a Chief justice and six associate justices.
IX. Answer the questions.
1. What kinds of courts are there in the USA?
2. What disputes do state courts decide?
3. How many federal judicial districts are there in the country?
4. What is the highest federal court in the USA?
5. What cases does the Supreme Court hear?
6. What cases are heard by federal courts?
7. What is a trial court?
8. What do the circuit courts do?
9. What cases do the federal courts hear?
X. Examine the chart and read the text.
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.
XI. Find in the text the English equivalents for the words below.
– співіснувати;
– приватні особи;
– суди штатів;
– подати позов;
– федеральні суди;
– переважна більшість;
– підпадати під юрисдикцію;
– вирішити справу в судовому порядку;
– ярус;
– Верховний суд;
– судовий розгляд;
– окружні суди;
– суди вищої інстанції;
– апеляційні суди;
– виняток;
– суди нижчої інстанції;
– суд останньої інстанції;
– розглядати справу.
XII. 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?
XIII. 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 intermediate (j)_______ courts, and courts of last (k)________. State courts were created by state constitutions.
XIV. Describe the organization of the courts and judiciary in the USA.
XV. Compare the organization of the courts and judiciary in the USA and the UK.
Unit 10
Legal professions
I. Transcribe and memorise the following words:
Prosecute, clerk, accuse, require, confront, convict, however, coroner, inquire, violent
II. Read and translate.
Legal professions in Great Britain and the USA
Who is who in the law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts:
Magistrates. Magistrates are unpaid judges usually chosen from well-respected people in the local community. They are guided on points of law by an official, the clerk. There are magistrates' courts in most towns.
Solicitors. After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid — financial help from the state.
Barristers. In more serious cases it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister who represents the state.
Jurors. A jury consists of twelve men and women from the local community. They sit in the Crown Court with a judge and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain the person is innocent unless found guilty: the prosecution has the burden of establishing guilt.
Judges. Judges are trained lawyers, nearly always ex-barristers who sit in the Crown Court and appeal courts. The judge rules on points of law and makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused — that is the jury's job. However if the jury find the accused guilty, then the judge will pass sentence.
Coroners. Coroners have medical or legal training (or both) and inquire into violent or unnatural deaths.
Clerks of the court. Clerks look after administrative and legal matters in the courtroom.
Sentencing. The most common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restricts his or her movement. A sentence of community service means mat the convicted person has to spend several hours a week doing useful work in his locality.
A few more facts. Children under 10 cannot be charged with a criminal offence.
Offenders between 10 and 17 are tried by special juvenile courts.
The death penalty technically still exists in Britain for some rare offences, such as treason, but is no longer used.
The punishment for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour.
The most common punishment for crimes — 80 per cent of the total — is a fine.
Word list
a magistrate — мировий суддя;
a solicitor — повірений у справах, який готує документи до суду;
a barrister — адвокат, який виступає в суді;
a juror – член журі присяжних;
a judge – суддя;
a coroner — коронер, судмедексперт;
to accuse — обвинувачувати;
defence — захист;
to hire — наймати;
to argue — обговорювати; заперечувати;
innocent — невинний;
burden — тягар доказу;
prison — тюрма, в'язниця;
probation — умовне засудження;
restrict — обмежувати;
treason — зрада;
rare — рідкісний;
III. Read and translate.
a) jury; grand jury; trial jury; petit jury; jury case; jury list; jury trial; juror; to instruct a jury; to swear in jury; to dismiss a jury; to serve on a jury; a trial by jury
b) judge; district judge; federal judge; presiding judge; chief judge; trial judge; panel of judges; judge of assizes; judge of probate.
IV. Fill in the blanks.
1. Magistrates are unpaid....
2. There are... courts in most towns.
3. Solicitors are qualified....
4. Solicitors advise the... and help prepare the defence case.
5. If the case is serious, the solicitor hires a... to defend the accused.
6. The prosecuting banister represents a....
7. A jury consists of... men and women from local community.
8. A jury sits in the Crown Court and listens to... for the defence and prosecution.
9. A jury decides whether the accused is... or....
10. Judges are trained... who sit in the Crown Court.
11. The judge will pass... if the jury find the accused....
12. The most common... are fines, prison and probation.
13. A person on.... must report to a local police station at regularintervals.
14. Children under 10 cannot be... with a criminal....
15. Offenders between 10 and 17 are tried by....
16. The punishment for murder is a life....
17. The most common punishment for crimes is a.
V. Read the following sentences and decide if they are true or false.
1. Juries sit in magistrates' courts.
2. Magistrates are legally qualified judges.
3. There are magistrates' courts in most towns.
4. Solicitors are not legally qualified.
5. The solicitor represents the accused in court.
6. The state helps poorer suspects to pay for their defence.
7. Barristers are hired to defend the accused.
8. A jury consists of ten men and women from local community.
9. Barristers sit in the Crown Court and listen to witnesses for the defence and prosecution.
10. Crown Court judges decide on the guilt or innocence of the accused.
11. The judge passes sentence.
12. Children under 10 are tried by special juvenile courts.
13. The punishment for murder is a life sentence.
14. The most common punishment for crimes is probation.
VI. Find words and expressions in the text which mean:
1. a public officer with authority to hear and decide casesin alaw court;
2. say that smb has done wrong, broken the law, is to be blamed;
3. not guilty;
4. system when offenders are allowed to go unpunished for their first offence while they continue to live without further breaking of the law;
5. limit;
6. allow the use or services of smb for fixed payment;
7. body of twelve persons who give a decision on issues of fact in a case in a court of justice.
VII. Answer the following questions.
1. Are magistrates legally qualified judges?
2. Who does the accused person need to see after he has been arrested?
3. Who may represent the accused in court?
4. In what cases does the solicitor hire a barrister?
5. How many people does a jury consist of?
6. Who has the right to decide whether the accused is guilty or innocent?
7. Where do judges sit?
8. Whose job is it to pass sentence?
9. What are the most common sentences?
10. What does a sentence of community service mean?
11. Can children under 10 be charged with a criminal offence?
12. Does the death penalty still exist in Britain?
13. What is the punishment for murder?
14. What is the most common punishment for crimes?
VIII. Complete the following text by translating the words and expressions in brackets.
Most criminal trials take place in а (Магістратському суді). Magistrates listen to all the (показання свідків) and decide whether the person accused of the crime is (винен) or not. If the defendant is found guilty, the magistrates usually decide on the (вирок). The magistrates are normally three Justices of the Peace chosen from the community. In court there will also be a solicitor who argues for (обвинувачуваний).
The more serious cases are dealt with in the (Королівському суді) in front of a judge. А (суд присяжних) of twelve men and women (who are ordinary members of the public) decide whether the defendant is guilty or not. The (суддя) will decide on a sentence. Judges and other (юристи) who speak in Crown Courts wear black gowns and wigs. In Crown Courts there are two (адвокати) instead of solicitors, one arguing for the prosecution and the other for the defendant.
IX. Choose the correct definition for each legal profession. Translate into Ukrainian.
| a. magistrates | d. judges | f. coroners |
| b. solicitors | e. jury | g. clerks of the court |
| с. barristers |
1. An officer acting as a judge in the lower courts.
2. A public official with authority to hear and decide cases in a law court.
3. A group of people who swear to give a true decision on issues in a law court.
4. An official who investigates the cause of any death thought to be violent or unnatural causes.
5. A lawyer who has the right to speak and argue in higher law courts.
6. A lawyer, who prepares legal documents, advises on legal matters and speaks for them in lower law courts.
7. An official who looks after administrative and legal matters in the courtroom.
X. Read the text and fill in the gaps with the appropriate words from the box.
