The English Court System
The most common type of law court in England and Wales is Ihe court Thcrc are 700 magistrales' courts aod about 30,000
More serious çriminal cases ihen go lo ihe Crown Court, which lias 90 ss in différent towns and cities. Civil cases (for exemple, divorce or
zy cases) are dealt with in County courts. Appeais are beard by higher courts. For example, appeais from couru are heard m tbe Crown Court, unlcss tbey are appeab on ; of law. The highest court of nppeal in England and Wales is the House of (Scotland has its own High Court in Edinburgh, which hears ail appeais Scottish couru.) Certain cases may bc referred to the European Court of Luxembourg. In addition, individuels have made the British lent change its practices in a number of areas as a resuit of pétitions to (Européen Court of Human Righis
The légal system also includes juvénile courts (which deal with offenders seventeen) and coroners' courts (which investigate violent, sudden or irai deaths). There are administrative tribunnli which make quick, cheap (air décisions with much less formaiity. Tribunak deal with professional disputes between individuels, and disputes between individuels and lent departments (for example, о ver taxation).
5. What does the word "to appeal" mean?
TÀSK 4. FUI in the Ыапкл.
The Fédéral and State Court Systems
The fédéral courts hâve three tiers: (a)____ courts, courts
of (b)_______ and the (c)______ Court The (d)J____ Court
was created by the Constitution; ail other (e)__ courts wcre
creaied by Congrcss. Most lilîgalion océan in (0 courts. The
structure of (g) courts varies froo state to sîate: usually therc are
. (ii) for less serious cases, (i)____ for more serions cases.
intcrmediate (j)__ courts, and courts of iast (k)_ . State courts
were created by state constitutions.
Unit VI
ATTORNEYS IN THE USA
TASK /. Read the following text
Growth of the Profession
Today, the number of lawyers in the United States exceeds 675.000. This translates to one lawyer for every 364 people. Twenty-five yean ago. (here was one lawyer for every 700 people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth through the end of the century.
Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 18,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other fessionals. Salaries for newly minted lawyers heading for elite New York ' (inns exceeded 71,000 dollars in 1987; some firms offered additional soses for clerkship experience in the federal courts and state supreme courts, e glamour of legal practice strengthens the attraction of its financial rewards. There arc other reasons for the popularity of the legal profession and зе unquenchable demand for legal services. Materialism and individualism American culture encourage dispute. Federalism gives separate legal
systems for cach state plus thc national govcrnmcnt. Advertisirig can crcate dcmaiid for légal services, too. Final ly, thc principles of scparaiw of powcrs and of checlcs and balances make governing difficult ani somctimes impossible. Whcn political institutions act, they often are fo to compromise, deferring critical issues to the courts. Plural ist demc opérâtes whcn groups are ablc to press their interests on, and even challenge thc govemment The expression of group demands in a culture tl encourages lawsuits thrusts on the courts ail manner of disputes and intereist (s it any wonder that America needs ail the lawyers it can train?
TA S К 2, Flnd in the text the English équivalents for the words below
1. превышать;
2. премия;
3. адвокатская практика;
4. уровень роста населения;
5. средняя заработная плата;
6. опытные юристы;
7. система сдержек и противовесов;
8. оставить спорные вопросы на рассмотрение суда;
9. создать спрос на что-либо.
TASK 3. Answer the questions.
9. Why is thc number of lawyers in the US increasing?
9. What factors crcate don and for légal services?
TASK 4. Read the text.
US Attorneys
Thc Justice Department is responsible for faithful exécution of thé., laws undor the présidents authority. The main administrators of fcdcral law en forcement are the nlnety-four US attorneys, appointed by the présidait wlth thc advice and consent of the Senate. Unlike fédéral judges, thèse; f appointées serve at the plcasuro of the président and are expectcd to relinquish their positions whcn thc reins of govemment change hands.
There is a US attorney in each fédéral judicial district Their staffs of | assistant anomeys vary in size with the amount of litigation in the district. USj attorneys have considérable discrétion, which makes them powerftil politicaj figures in any community. Their décision to prosecuteor not aftccts the wealth J freedom, rights, and réputation of individuels and organisions in the: district
US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goats. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the Southern District of New York (covering a large portion of the Kew York metropolitan area). Over the next Ave years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized
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.
TASK 5. Paraphrase the following expressions.
9. faithful execution of laws;
9. under somebody's authority;
9. consent;
9. appointee;
9. to relinquish;
0 amount of litigation;
9. to prosecute;
9. elected office;
9. inside traders; j) press coverage;
k) to harbour political ambitions; I) to launch a career.
TASK 6. Answer the questions.
9. What is an attorney in the US? How is he appointed?
9. When does an attorney resign?
9. What does the number of assistant attorneys in federal judicial districts depend on?
9. What makes attorneys so important in American communities?
9. How do attorneys in the US realize their political ambitions?
9. What example in the text proves that US attorneys harbour political ambitions?
Revision
TASK I. Complete the following sentences with the correct names of courts.
c)
The most common type of Law Court in Great Britain is the
(в)____ court. More serious criminal cases then go to (b) [1] court.
Civil cases are dealt with in (c)__ courts. Appeals arc heard by
c) )____ courts. The highest court of appeal in England and Wales is
c) Certain cases may be referred to (0 in Luxembourg. ,
The legal system also includes (g) courts (which deal with
ст.34
c) )____ courts. The highest court of appeal in England and Wales is
c) Certain cases may be referred to (0 in Luxembourg. ,
The legal system also includes (g) courts (which deal with
offenders under seventeen) and (h) courts (which investigate violent,
sudden or unnatural deaths). There are also administrative ffl which deal with professional standards, disputes between individuals, and disputes between individuals and government departments.
c) Most litigation in the US occurs in courts.
c) The____ Court was created by the Constitution, all other -
courts were created by Congress.
c)Cases are primarily heard io the courts of jurisdiction.
c)At the bottom of the system of American courts are courts. In
the middle there are_ .
c) To appeal means to take a case to a court Ikjreview cases
that have been decided in courts.
TASK 2. Complete the following sentences with the words and phrases from the box, using them In the correct form:
Court of Justice of the European Communities
House of Lords
Court of Appeal, Criminal Division Court of Appeal,
Civil Division
Crown court High Court
Magistrates Court County Court
7.Look at the chart above and then complete the description that refers to each court.
1. Claims of lesser value will start in a County Court . There are 250 of these around the country. They can also deal with divorce and bankr lesser value will start in a County Court . There are 250 of these around the country. They can also deal with divorce and bankruptcy matters.
2. Matters of important legal dispute arising in the Crown Court may be appealed to the .
3. From the Court of Appeal, there can be an appeal to the
_____________ on fact or law, but usually appeal is only
allowed on matters of legal importance.
4. If the case involves a serious crime, it is heard in the
_____________ (there is only one______________ but it has
about 70 centres around the jurisdiction).
5. In less serious criminal cases (which comprise over 90% of
criminal cases), the case is sent for trial in one of over 400
6. More substantial civil claims (over around £25,000) are heard in the .
7. The_______________ was set up under the Treaty of Rome of
1957, by which the European Community was established. The court can overrule all other courts on matters of Community law.
8. Under the system of appeals in civil cases, it is possible to appeal
from a County Court or the High Court to the_____________ .
The judges in the House of Lords are known as Law Lords. They typically sit as a committee to develop and define the law of the land.