The federal judiciary (the USA)

The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court*, which watches over* the other two branches. It determines whether or not their laws and acts are in accordance with* the Constitution. Congress has the power to fix* the number of judges sitting on the Court*, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court, consists of a chief justice* and eight associate justices*. They are nominated by the President but must be approved by the Senate. Once approved, they hold office* as Supreme Court justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.

The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review"*, that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.

Notes

the Supreme Court — Верховный суд

watch over — наблюдать

in accordance with — в соответствии

fix — зд. определять

sit on the Court - заседать в суде

chief justice - главный (старший) судья

associate justices — члены Верховного суда

hold office — служить; находиться в должности

power of judicial review — право (полномочие) судебного кодвроля

THE COURT SYSTEM OF THE UK

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

In criminal cases the courts which are the first to hear cases are the magistrates' courts* and the Crown Court* (for more serious cases). The Court of Appeal* in London has a Criminal Division and a Civil Division. It hears appeals in criminal cases from the Crown Court, and in civil cases, from the county courts and the High Court. The highest court of Appeal in England, Wales and Northern Ireland is the House of Lords (Scotland has its own High Court.)

Magistrates' Courts

A magistrates' court usually consists of a 'bench' of three lay, unpaid magistrates known as justices of the peace 'JP's*. There are nearly 28.000 lay magistrates serving some 450 courts.

Usually those charged with criminal offences first appear in a magistrates' court. The less serious offences are tried by the magistrates themselves. The most serious offences, such as murder, manslaughter, rape and robbery, are tried on indictement* (or formal accusation) only by the Crown Court. Usually those charged with such offences first appeal before a magistrates' court, which decides whether to commit them to the Crown Court for trial.

Youth Courts

Cases involving people under 18 are heard in youth courts* (formerly juvenile courts). These are special magistrates' courts. There are restrictions on public access and media coverage.

The Crown Court

The Crown Court sits at about 90 centres and is presided over by High Court judges, full-time 'circuit judges'* and part-time recorders*. England and Wales are divided into six circuits for the purpose of hearing criminal cases.

The Crown Court tries the most serious offences. All contested cases are presided over by a judge sitting with a jury.

The High Court deals with the more complicated civil cases (it also cover some criminal cases) as well as dealing with appeals from tribunals and from magistrates' courts in both civil and criminal matters. It has several divisions, such as the Family division dealing with the family problems or the Chancery Division dealing with wills, administration of property, etc.

Notes

superior courts — суды высшей инстанции inferior courts - суды низшей инстанции magistrates' courts — магистратские, мировые суды the Crown Court — Суд Короны the Court of Appeal — Апелляционный суд justices of the peace (JP's) - мировые судьи indictement — обвинительный акт