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Архитектура Аудит Военная наука Иностранные языки Медицина Металлургия Метрология Образование Политология Производство Психология Стандартизация Технологии |
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Архитектура Аудит Военная наука Иностранные языки Медицина Металлургия Метрология Образование Политология Производство Психология Стандартизация Технологии |
Hearing the case in a Civil Court
Situation : The case of establishing affiliation (встановлення батьківства) and paying maintenance (сплачення аліментів) is heard in the county court of Lancashire. Two women accidentally found out that they were simultaneously in the common-law marriage (у цивільному шлюбі) with one and the same man, Mr. Peter Bradly, a well-to-do banker. As they state, both of them have a child from him. The court considers claims/suits (позови) of both women. The first woman’s claim is to make their marriage legal (узаконити шлюб) in court order, to admit Mr. Bradly’s paternity (визнати батьківство) of his child. The other woman’s claim is to admit Mr. Bradly’s paternity of her child and to prescribe paying proper maintenance of Ј 1500 per month... Play participants: Peter Darby, country judge Dr Frank Stevens, the plaintiffs’ barrister Ted Carter, the defendant’s barrister Mary Graham and Dora West, plaintiffs Mr. Peter Bradly, defendant Mr. Brick, Court magistrate (from the community) Taking part in the play as acting characters of a civil case, give proof of your point of view, in particular: a) Barrister Ted Carter insists on complete satisfying his clients’ demands and also insists on Mr. Bradly’s moral public blame (осуд)/possibly some other kind of responsibility. Ted Carter gives his arguments... b) Plaintiff Mary Graham is not so aggressive and she thinks her claim may be satisfied with admitting the paternity by the defendant. She is ready to forgive him and even register officially their matrimony in future... c) Plaintiff Dora West is in an aggressive mood and, in addition to legal claims, she insists on punishing the defendant ... mainly, prescribing paying maintenance of Ј 1500 per month... d) Defendant Mr. Peter Bradly agrees/does not agree to satisfy the material claims of the plaintiffs (or of one of them). He admits/denies the paternity of Mary Graham’s daughter. He denies Dora West’s claim/suit and demands a medical examination (експертиза) concerning establishing his paternity of Dora West’s daughter... e) Ted Carter, the defendant’s barrister, insists on his client’s behalf on a medical examination in order to identify the paternity according to Dora West’s suit. His arguments are the following: some new facts have been found out that Dora West was intimate with several men, including an employee of the National Bank, where Mr. Bradly works ... Taking into account a number of facts, Ted Carter agrees to satisfy Mary Graham’s claim, but as to Dora West’s suit, the barrister asks the court to hold an extra inquiry (додаткове розслідування) … f) County judge Peter Darby asks the plaintiffs, the defendant, the barristers a number of questions and makes a decision: 1. to satisfy/not to satisfy Mary Graham’s claim...; 2. not to satisfy Dora West’ suit and to make an extra medical examination in order to establish paternity of her daughter by Mr. Bradly/to hold an extra hearing in a month/to satisfy the suit partially... g) Mr. Brick held a press conference after the court sitting and stated his general approval of the decision of the country court and also marked Mr. Bradly’s behaviour was morally wrong ... Task 6 . Write down the annotation. The personnel of the law Judges Judges are normally appointed from practising barristers, (advocates in Scotland) or solicitors. High Court judges, circuit judges and recorders are appointed by the Queen on the recommendation of the Lord Chancellor. District judges are appointed by the Lord Chancellor. Circuit judges and district judges are appointed through a competitive procedure including an interview before a panel which makes recommendations to the Lord Chancellor. Over the next few years, this procedure for making appointments is to be extended to all judicial posts below the level of the High Court. Circuit judges, who preside in county courts and the Crown Court, are appointed from barristers or solicitors who have held a right of audience in the Crown Court or county courts for at least ten years or from recorders with at least two years’ experience. Recorders are part-time judges in the Crown Court and county courts and are appointed from among those barristers or solicitors who have held a right of audience in the Crown Court or county courts for at least ten years; they are expected to sit for at least 20 days a year but no more than 50. High Court judges are appointed from practitioners who have held a right of audience in the High Court for at least ten years, or for among circuit judges who have served for at least two years. Court of Appeal judges are appointed by the Queen on the recommendation of the Prime Minister, usually from among High Court judges. The Law Lords (in the House of Lords) are usually appointed from among Court of Appeal judges or the Scottish equivalent. In Scotland, Supreme Court judges, sheriffs principal and sheriffs are appointed by the Queen on the recommendation of the Secretary of State for Scotland. They are chosen from advocates or solicitors who have had many years experience as practitioners in the Supreme or sheriff courts. Lay magistrates in England and Wales need no legal qualifications but are trained to have sufficient knowledge of the law, including the rules of evidence, and of the nature and purpose of sentencing. The Scottish district court justices of the peace need no legal qualifications, but they too must take part in training. Stipendiary magistrates are legally qualified. In Northern Ireland all full-time judges and resident magistrates are appointed by the Queen and are drawn from the legal profession. Members of a lay panel who serve in juvenile courts undertake training courses.
Task 7. Make up the plan & form questions to the text from the previous exercise.
Task 8. Review the text. The Lord Chancellor The Lord High Chancellor of Great Britain, more usually known as the Lord Chancellor, ranks eighth in order of precedence in England after the Queen: a status which reflects the importance of this position as a Minister of the Crown chiefly responsible for the administration as a Minister. The Lord Chancellor is appointed by the Queen on the advice of the Prime Minister. The position combines duties which are legislative, executive and judicial: it is therefore an exception to the constitutional doctrine of the “Separation of Powers”. In this legislative capacity the Lord Chancellor presides over the House of Lords. He or she may take part in its debates and can vote in all of its divisions. In this executive capacity he or she is a member of the Cabinet, its chief legal and constitutional adviser and one of its representatives in the House of Lords. The Lord Chancellor is responsible for the custody and the use of the Great Seal, which authenticates important legal documents such as Letters Patent. In a judicial capacity the Lord Chancellor is head of the judiciary and presides over the House of Lords sitting as a court of appeal. He or she is a member of the Judicial Committee of the Privy Council, is head of the Chancery Division of the High Court and a member of the Court of Appeal. However, the Lord Chancellor never sits as a judge other than in the House of Lords and the Judicial Committee of the Privy Council. The Queen is advised on the appointment of puisne judges of the High Court, circuit judges and recorders. Magistrates and the chairmen of certain administrative tribunals are also appointed by the Lord Chancellor.
Vocabulary notes:
Task 9. Read &translate the text. Judges a) The Lord Chief Justice (L.C.J.) is appointed by the Queen on the advice of the Prime Minister and is head of the Court of Appeal (Criminal Division) and of the Queen’s Bench Division as well as being a member of the House of Lords. b) The Master of the Rolls (M.R.) is appointed by the Queen on the advice of the Prime Minister and is a head of the Court of Appeal (Civil Division) and also supervises the admission of solicitors to the Rolls of the Supreme Court. c) The President of the Family Division is appointed by the Queen on the advice of the Prime Minister, and is responsible for the work of this Division of the High Court. d) The Lords of Appeal in Ordinary are known as Law Lords and are appointed by the Queen on the advice of the Prime Minister from among existing judges or barristers of at least fifteen years’ standing. They are life peers and adjudicate in appeal cases heard in the House of Lords. They are also members of the Judicial Committee of the Privy Council. There are nine Law Lords. e) Lords Justice of Appeal are appointed by the Queen on the advice of the Prime Minister from among existing judges or barristers of at least fifteen years’ standing. They are judges of the Court of Appeal. They are twenty-three in number. f) Judges of the High Court are known as puisne judges and are appointed by the Queen on the recommendation of the Lord Chancellor from among barristers or solicitors of at least ten years’ standing or circuit judges of at least two years’ standing. Twelve judges are assigned to the Chancery Division, forty-five to the Queen’s Bench Division and sixteen to the Family Division of the High Court. All the judges referred to in (a) to (f) above hold office during good behaviour and may be removed by the Crown on an address presented by both Houses of Parliament. Their salaries are fixed by statute and form a charge on the Consolidated Fund. The effect of these two important provisions is to ensure judicial independence: a vital feature in the administration of law and justice within the State. Judges of the High Court retire at the age of 75, and are eligible for pensions granted by statute. 1. Circuit Judges. These are judges appointed by the Queen on the advice of the Lord Chancellor to serve in (1) the Crown Court and (2) county courts. A circuit judge must be a barrister or solicitor of ten years’ standing or a person who holds the office of a recorder. The retiring age is 72, with the possibility of extension to 75. All county court judges who existed in 1971 became circuit judges, as did the recorders of Liverpool and Manchester, a number of whole-time chairmen and deputy chairmen of Quarter Sessions and certain other holders of judicial offices under the provisions of the Courts Act, 1971. 2. Recorders. Under the Courts Act, 1971 these are designated part-time judges of the Crown Court. Appointments are made by the Queen on the recommendation of the Lord Chancellor to men or women of standing who are prepared to commit themselves to not less than one month’s work on the bench each year. Barristers and solicitors of ten years’ standing are eligible for appointment to this office. If a solicitor holds the appointment for five years he or she may then be appointed a circuit judge.
Vocabulary notes:
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