LANGUAGE STUDY: PARTICIPLES AS ADJECTIVES.

a) Study the following table.

Forms of the Participle

	Active	Passive
Participle I Indefinite (action simultaneous with the action of the main verb) Perfect (action prior to the action of the main verb) Participle II (action both simultaneous with and prior to the action of the main verb)	doing (research) – Ving проводя (исследование) проводящий проводивший   having done – having V3 проведя     ___________________	being done – (being+V3) проводимое проводившееся   having been done – (having been+V3) после того как (исследование) было проведено   done – (V3) проведенное будучи проведенным

b) Study the following rules:

We use Participle I Indefinite Active and Participle II as adjectives (attributively). Participle I Perfect Active and Passive is not used as an adjective. Participle I Indefinite Passive is very seldom used as an adjective.

 

When Participle I is used as an adjective, it is active in meaning.

e.g. A constitution is a document establishing a system of government and protecting basic rights and freedoms.

When Participle II is used as an adjective, it is passive in meaning.

e.g. The US Supreme Court consists of 9 justices appointed by the President and approved by the Senate.

 

d) In the following sentences, choose the correct participle and translate the sentences into Russian.

1. The federal courts, setting/set up under the authority of the Constitution by Congress, are organized like a pyramid.

2. The state and local courts establishing/established in each state under the authority of the state government, handle both civil and criminal cases.

3. The United States Supreme Court may, under special circumstances involving/involved federal questions, review a state court decision.

4. Civil cases handling/handled in the federal courts are cases affecting/affected ambassadors, other public ministers and consuls; cases involving/involved foreign citizens and governments; cases arising/arisen out of violation of human rights.

5. Criminal cases hearing/heard in the federal courts are limited by federal crimes.

6. The US Courts of Appeals have between three to fifteen judges, depending upon the number of cases hearing/heard in the circuit.

7. But each case is heard by a three-judge panel (three judges sitting/sat together on the bench).

8. Outside the three layer federal system and in addition to it, Congress has established tribunals specializing/specialized in particular cases.

READING FOR DETAIL.

7.1 Read the text carefully to add information from the text to the following statements.

1. There are two court systems throughout the United States.

2. These two systems coexist in the US.

3. The jurisdiction of the federal courts is limited.

4. The federal courts are organized like a pyramid with three tiers.

5. The Supreme Court has both original and appellate jurisdiction.

6. The US Supreme Court is the highest court of appeals in the country.

7. The work of the Courts of Appeals is to decide on disputed questions of law.

8. The Federal District Courts form the lowest level of the federal judicial pyramid.

9. Outside the three-layer federal system there are courts having specialized jurisdiction.

7.2 Answer the questions.

1. What civil (criminal) cases fall under the jurisdiction of federal courts?

2. What is the composition of the Supreme Court?

3. What kinds of cases originate in the Supreme Court?

4. How many Courts of Appeals are there in the federal judiciary? Why were they established?

5. What does a three-judge panel mean?

6. Do Courts of Appeals have original jurisdiction?

7. On what grounds can the parties appeal the decision of the inferior court?

8. What are the federal courts of original jurisdiction?

9. What courts have authority to apply the law to particular cases?

 

SPEAKING.

8.1 Define the following:

judiciary/ coexist/ jurisdiction/ sue/ party to a case/ associate justices/ to appeal a case/ a three judge panel/ (the) bench/ trial/ witness/ jury

8.2 Work in pairs. Interview your partner and find out:

− if and why the American judiciary is very complex

− about the areas of jurisdiction and general composition of the federal courts

− about the US Supreme Court (composition, jurisdiction)

− about the system of appeals

− about the courts of first instance in the federal judiciary

− about the courts with specialized jurisdiction

9. DEVELOPMENT.

9.1 Read the following text to answer the questions below.

JURISDICTION AND STRUCTURE OF THE STATE COURTS

Besides the federal judiciary state and local governments have established their own court systems. The vast majority of cases in the country are handled by the state courts. The judicial authority of state courts extends to both civil and criminal cases arising under the state Constitution and laws, as well as Federal Constitution (the greater part of the Bill of Rights) and laws, except what has been delegated to the federal courts.

At first sight the judicial system of a particular state seems to lack any definite structure at all. On closer examination, however, the same three levels of courts are recognizable in the state court systems as in the federal court system.

At the lowest level are the trialcourts composed of two divisions: minor trial courts and majortrial courts. Minor trial courts or courts of minor jurisdiction hear minor criminal cases, such as disturbance of the peace, disorderly conduct, petty theft and traffic violations. They also hear minor civil cases, such as small claims suits. These courts have a variety of names. Justice of the Peace courts are principally found in rural areas. In urban areas lower courts are usually called magistrate, municipal or police courts. This is the level of the American court structure that most citizens see.

Above the minor trial courts stand the major trial courts which handle the great majority of serious cases litigated throughout the country. These courts most often try cases of murder, burglary, assault, rape and suits for damages. The names of such courts vary from state to state. They are known as district, county or superior courts. Some cases reach these courts on appeal from lower courts, such as those of Justice of the Peace courts, in which case it is customary to rehear the entire case.

Some of the most populous states have an Intermediate Court ofAppeals above the trial courts and below the State Supreme Court. They review cases on points of law which come up to them from the trial courts.

State Supreme Courts hear cases of appeal from lower state courts and in a few instances have original jurisdiction.

As is evident, state courts differ from federal courts in organization, in name and in jurisdiction. The selection of judges also differs at the state and federal levels. All federal judges are appointed by the President subject to approval by the Senate. In some states judges are elected by the voters for terms varying from two years to life. In others they are chosen by the legislature or named by the governor and confirmed by the legislature.

1. What law do the state courts apply in making their decisions?

2. In what way are the state courts organized?

3. How does the lowest level of the state judiciary differ from that of the federal courts?

4. What are the differences between minor trial courts and major trial courts?

5. Do all states have courts of appeals?

6. How are judges selected in the state courts?

COMPARING THE TWO SYSTEMS.

10.1 Answer the following questions to compare the two court systems. Use the chart below to help you.

1. What are the two court systems in the United States? Are they separate and independent of each other?

2. What does it mean that these two systems coexist?

3. In what way are the federal courts organized? Name the federal courts in descending order.

4. Does the structure of the state courts differ from that of the federal courts? Name the state courts in ascending order.

5. What courts form the ground level of both federal and state judicial pyramids? What are their names?

6. What courts stand below the Supreme Court and above the trial courts in both systems?

7. On what grounds may the parties appeal the decision of the lower court?

8. What are the Courts of Last Resort in both systems?

9. How are judges selected in both systems?

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