Answer the following questions. 1) How many legal systems actually are there in the UK?

1) How many legal systems actually are there in the UK? Where does English law apply? What law applies in Northern Ireland?

2) What is the difference between common law and civil law?

3) What significant changes occur in UK legal system in October 2009?

4) What courts does the Supreme Court of England and Wales comprise? What courts deal with civil and criminal cases? Do the Courts of the Northern Ireland follow a different pattern?

5) What are the chief courts within the legal system of Scotland?

6) What is the highest court of appeal for several independent Commonwealth countries? What cases are in its jurisdiction?

7) What cases are heard in the Asylum and Immigration Tribunal? What kind of jurisdiction is the one of the Employment tribunals?

8) Where can civil cases for minor claims be heard? What are the constituents of the High Court? What court should be appealed if the claimant is dissatisfied with the ruling of the County Court?

9) What claims are supposed to be dealt with in the Queen's Bench Division?

10) What did the Constitutional Reform Act 2005 provide for?

11) Where can a criminal case be heard?

12) What cases are heard in the Crown Court? Where do defendants appeal in case of miscarriages of justice?

Look at this diagram and write a sentence about every court within UK legal system (10 sentences altogether).

 

 

VIDEO. What is the Supreme court? (8: 51)

  https: //youtu.be/wTHrynZIsBo

 

Watch the film, make notes and answer the following questions.

 

1. Why was the Supreme Court established as a separate entity?

2. When was the new Supreme court of the UK opened? Are there any changes?

3. How does the Court of Appeal work (cases, procedure)?

4. What is the Doctrine of Precedent?

5. There aren’t many women judges in the court. Why?

6. What are the main duties of Judicial Assistants?

UNIT 6

                                 Text 1 US Courtroom

 

Before you read think:

-What is the difference between the Crown Court and Magistrates Court in the UK?

- What courts will be equivalent to them in the USA?

- What are the people in the Courtroom and what are they supposed to do?

- What are the functions of the Counsels?

- Who decides the punishment? What are the options?

 

Read the following text. Translate the underlined passage(s) into Russian.

The judge generally sits behind a raised desk, known as the bench. Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe (a requirement in many jurisdictions). An exception was the late U.S. Supreme Court Chief Justice William Rehnquist, who broke tradition by adorning his robe with four gold stripes on each sleeve.

Adjacent to the bench are the witness stand and the desks where the court clerk and the court reporter sit. The courtroom is divided into two parts by a barrier known as the bar . The bar may be an actual railing , or an imaginary barrier. The bailiff stands against one wall and keeps order in the courtroom.

On one side is the judge's bench, the tables for the plaintiff, the defendant, and their respective counsel, and a separate group of seats known as the jury box where the jury sits. However, not all jurisdictions allow for jury trials.

Court personnel and jury members usually enter through separate doors. Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar, and this is the reason why the term " the bar" has come to refer to the legal profession as a whole. There is usually a podium between the two tables where the lawyers may stand when they argue their case before the judge.

The other side of the bar is open to the general public and there are usually seats for curious spectators. This area is the gallery. Seating for the gallery can either be pew style benches or theater seats.

It should be noted that all of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or hear evidence; that is the trial court's job. Therefore, in an appellate court, there is neither witness stand nor a jury box, and the bench is much larger to accommodate multiple judges or justices.

The walls are often partially or completely wood-paneled. This is a matter of style and tradition, but some jurisdictions have elected to construct courtrooms with a more " modern" appearance.

Multiple courtrooms may be housed in a courthouse.

                              England and Wales

In a justice court, the defendant will usually be escorted by members of the security firm that has the contract to serve that court. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present.

Courts vary considerably in their layout, which depends a great deal on the history of the building and the practicalities of its use. While some courts are wood- paneled, most are not. Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court.

Advocates usually speak standing up, but from where they were seated. There is rarely if ever space for them to move in any case.

All appellate courts are capable of hearing evidence (and also to be finders of fact), for example where there is an allegation of bias in the lower court, or where fresh evidence is adduced to persuade the court to allow a retrial. In those cases witness evidence may be necessary and many appellate courts have witness stands.

Flags are rarely seen in English courts. It is most common for the Royal Coat of Arms to be placed above and behind the judge, or presiding magistrate, although there are exceptions to this. For example in the City of London magistrates' court a sword stands vertically behind the judge which is flanked by the arms of the City and the Crown.

Scotland

As in other countries, the judge or sheriff sits on the bench. Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings.

Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings. The Procurator Fiscal or Advocate Depute ^[8]always sits in the seat at the right of the clerk during criminal proceedings.

Behind the well of the court is the dock in which the accused will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique in the western world in that it has 15 jurors.

Usually to the right or left of the bench slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view of the testimony. At the far side of the courtroom directly opposite the jury box and behind the stand are seats for journalists who are attached to the court and the court social worker. Seats for members of the public are the back of the courtroom.

There is no court reporter in Scotland, normal summary cases are simply minuted by the clerk indicating the disposal. If the case is a solemn (more serious) case involving a jury or if the case has a sexual element then proceedings will be tape recorded which is done under the supervision of the clerk.

 

Exercises

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