Прочитайте текст со словарем и расскажите по-русски, по каким ТРЕМ принципам классифицируются суды в Великобритании

Text 2

The structure of the courts sometimes reflects the difference between civil and criminal law. One should also know the difference between courts of the first instance and appelate courts. The court in which a case is first heard is called the court of first instance (юрисдикция суда первой инстан­ции). In almost all cases it is possible to appeal to a higher court for reconsideration of the decision of the original court. These courts are called appelate courts.

There are, within the English legal system, a large number of courts. There are various ways of classifying courts... thus it is possible to classify courts according to their functions. The obvious classification would be into courts of civil and courts of criminal jurisdiction. This classification is not, however, very precise since, although certain courts exercise a purely civil or criminal jurisdiction, most English courts hear both civil and criminal cases. Thus the House of Lords, Court of Appeal, High Court, Crown Court (Верховный) and magistrates' courts exercise jurisdiction in both civil and criminal matters. A second classification woul be into courts of original and courts of appellate (апелляционная юрисдикция) jurisdiction. Nor is this division of general application. Although certain courts, such as the Court of Appeal and the House of Lords, exercise a purely appelate jurisdiction, while other courts, such as magistrates' courts, have no appellate jurisdiction. Many courts, notably the High Court and the Crown Court, exercise both original and appelate jurisdiction.

Прочитайте текст со словарем и нарисуйте схему иерархии британс­кого суда.

Text3

In the English legal system some courts have more authority than others. Judges in the lower courts are bound to follow the decisions of judges in the higher courts.

The House of Lords is the highest appeal court in the English legal system. Its decisions are binding on all other courts.


The Court of Appeal is below the House of Lords in the hierarchy. It is bound by the decisions of the House of Lords and its decisions are binding on all lower courts. It is also bound to follow its own previous decisions except when a) a previous decision of the Court of Appeal conflicts with a decision of the House of Lords, b) there are two conflicting Court of Appeal decisions when it must choose which one to follow, and c) a previously decision was given per incuriam (through lack of care - generally when some relevant law was not taken into consideration).

The court below the Court of Appeal is the High Court of Justice. It is bound to follow the decisions of the House of Lords and the Court of Appeal. Judges of the High Court will normally follow the decisions of follow High Court judges but they are not absolutely bound to do so.

The court of first instance for criminal cases, the Crown Court, is bound by the House of Lords and the Court of Appeal; the lowest courts in the hierarchy, the county court and the magistrates' courts are bound by the High Court, the Court of Appeal and the House of Lords. No court is bound by the decisions of these lower courts.

Since 1972 when Britain joined the European Community, the position of the European Court of Justice must also be considered.


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