Учебник для бакалавров. Учебник для бакалавриата по направлению Юриспруденция

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UNIT 3. TRIAL

1. Посмотрите на схему зала судебных заседаний. Определите, где располагаются участники судебного разбирательства.

1. 
   a place for a bailiff – место для судебного пристава
   
2. 
   a table of defense (an advocate) – стол для представителя стороны защиты (адвоката)
   
3. 
   a jury box – место для присяжных заседателей
   
4. 
   places for public – места для общественности
   
5. 
   special place for a defendant and guard – специальное место для подсудимого и конвоя
   
6. 
   a witness box – кафедра для дачи свидетельских показаний
   
7. 
   places for questioned witnesses – места для допрошенных свидетелей
   
8. 
   a room for jury deliberation – совещательная комната для присяжных заседателей
   
9. 
   a room for a presiding judge – комната для председательствующего судьи
   
10. 
    an area of a presiding judge and a clerk – место для председательствующего судьи и секретаря судебного заседания
    
11. 
    a table of prosecution (a prosecutor) – стол для представителя стороны обвинения (прокурора)
    

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2. Прочитайте и определите, о каких участниках судебного разбирательства идет речь.

1. 
   A lawyer empowered to prosecute cases on behalf of a government and its people.
   
2. 
   A public officer chosen or elected to preside over and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides questions of law.
   
3. 
   Officer of some courts whose duties include keeping order in the courtroom and guarding prisoners or jurors in deliberation.
   
4. 
   Persons selected according to the law and sworn to consider and declare a verdict.
   
5. 
   An officer of the court whose responsibilities include maintaining the records of a court. Another duty is to swear in witnesses and jurors.
   
6. 
   One who gives evidence in a case before a court and who attests or swears to facts or gives or bears testimony under oath.
   
7. 
   The party against which an action is brought.
   
8. 
   A lawyer that pleads in another's behalf.
   

UNIT 4. JUDICIAL BRANCH OF THE USA

TEXT 1

The Judicial System in the United States

Vocabulary

1. 
   to apply and interpret laws – применять и толковать законы
   
2. 
   express or implicit powers – положительно выраженное или подразумеваемое предоставление полномочий
   
3. 
   to solve legal disputes – разрешать правовые споры
   
4. 
   separate sovereignty – раздельный суверенитет
   

1. Прочитайте текст и ответьте на следующие вопросы.

1. 
   What is the characteristic feature of the court system existing in the USA?
   
2. 
   What levels of courts does it consist of?
   
3. 
   What is the jurisdiction of federal courts?
   
4. 
   What is the jurisdiction of trial courts?
   

The judicial system in the United States is dual: it consists of the federal court system and the state court systems. The federal courts are concerned with cases arising under federal law, and the state courts with cases arising under state law. While each court system is responsible for hearing certain cases, neither is completely independent of the other, and the systems often interact. Furthermore, solving legal disputes and vindicating legal rights are key goals of both court systems.

The U.S. Constitution created a governmental structure for the United States known as federalism. Federalism refers to a sharing of powers between the national government and the state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states. Therefore, while the Constitution states that the federal government is supreme with regard to those powers expressly or implicitly delegated to it, the states remain supreme in matters reserved to them. This supremacy of each government in its own sphere is known as separate sovereignty, meaning each government is sovereign in its own right.

Both the federal and state governments need their own court systems to apply and interpret their laws. Furthermore, both the federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their respective court systems.

For example, since the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction in this matter. Likewise, since the Constitution does not give the federal government authority in most matters concerning the regulation of the family, a federal court would lack jurisdiction in a divorce case. This is why there are two separate court systems in America. The federal court system deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution, while the state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government or explicitly deny to the states.

2. Закончите предложения в соответствии с текстом, выбрав один из вариантов.

1. 
   The judicial system of the US consists of …
   
   1. 
      the federal court system.
      
   2. 
      the state court system.
      
   3. 
      the federal court system and the state court systems.
      

2. 
   Key goals of both court systems are …
   
   1. 
      punishing offenders for committing crimes and resolving civil disputes.
      
   2. 
      making laws and introducing then into force.
      
   3. 
      solving legal disputes and vindicating legal rights.
      

3. 
   The U.S. Constitution created a governmental structure known as …
   
   1. 
      federalism.
      
   2. 
      separation of powers.
      
   3. 
      separate sovereignty.
      

4. 
   This supremacy of each government in its own sphere is known …
   
   1. 
      federalism.
      
   2. 
      separation of powers.
      
   3. 
      separate sovereignty.
      

5. 
   Both federal and state court systems have …
   
   1. 
      a right to resolve the same legal issues.
      
   2. 
      a right to transfer any case from any federal court to any state court.
      
   3. 
      a right to resolve legal issues within the jurisdiction of the respective court systems.
      

TEXT 2

Federal Court System Vocabulary

1. 
   to hold office – занимать пост, занимать должность
   
2. 
   to attach – прикреплять
   
3. 
   a trial court – суд первой инстанции
   
4. 
   a circuit – округ, район, участок
   
5. 
   a panel – коллегия
   
6. 
   an apex – высшая точка, вершина
   
7. 
   a justice – судья
   
8. 
   to petition – обращаться с петицией, подавать прошение, ходатайствовать
   
9. 
   tax deficiency – недоплата налога (ситуация, при которой начисленная и уплаченная сумма налога меньше реально подлежащей уплате суммы)
   
10. 
    benefit – пенсия, (страховое) пособие
    
11. 
    Uniform Code of Military Justice – Унифицированный военный кодекс (cобрание законов, регулирующих деятельность, права и обязанности военнослужащих Вооруженных сил США)
    

3. Прочитайте и переведите текст.

The term “federal court” can actually refer to one of two types of courts. The first type of court is what is known as an Article III court. These courts get their name from the fact that they derive their power from Article III of the Constitution. These courts include the U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court. They also include two special courts: the U.S. Court of Claims and the U.S. Court of International Trade. These courts are special because, unlike the other courts, they are not courts of general jurisdiction. Courts of general jurisdiction can hear almost any case. All judges of Article III courts are appointed by the President of the United States with the advice and consent of the Senate and hold office during good behavior.

The second type of court also is established by Congress. These courts are magistrate courts, bankruptcy courts, the U.S. Court of Military Appeals, the U.S. Tax Court, and the U.S. Court of Veterans' Appeals. The judges of these courts are appointed by the President with the advice and consent of the Senate. They hold office for a set number of years, usually about 15.

Magistrate and bankruptcy courts are attached to each U.S. District Court. The U.S. Court of Military Appeals, U.S. Tax Court, and U.S. Court of Veterans' Appeals are called Article I or legislative courts.

U.S. District Courts

There are 94 U.S. District Courts in the United States. Every state has at least one district court, and some large states, such as California, have as many as four. Each district court has between 2 and 28 judges. The U.S. District Courts are trial courts, or courts of original jurisdiction. This means that most federal cases begin here. U.S. District Courts hear both civil and criminal cases. In many cases, the judge determines issues of law, while the jury (or judge sitting without a jury) determines findings of fact.

U.S. Circuit Courts of Appeal

There are 13 U.S. Circuit Courts of Appeal in the United States. These courts are divided into 12 regional circuits and sit in various cities throughout the country. The U.S. Court of Appeals for the Federal Circuit (the 13th Court) sits in Washington. These courts will examine the trial record for only mistakes of law; the facts have already been determined by the U.S. District Court. Therefore, the court usually will neither review the facts of the case nor take any additional evidence. When hearing cases, these courts usually sit in panels of three judges.

U.S. Supreme Court

The Supreme Court of the United States is the highest court if the nation and the court of last resort. It consists of a Chief Justice and eight associate justices, all of whom are appointed for life by the President with the advice and consent of the Senate. The main duty of the Supreme Court is to decide whether laws passed by Congress agree with the Constitution. Sitting as a court of first instance it considers cases connected with religion, privacy rights, race and sex discrimination.

Special Article III Courts

1. 
   U.S. Court of Claims: This court sits in Washington, D.C., and considers cases involving suits against the government.
   
2. 
   U.S. Court of International Trade: This court sits in New York and hears cases involving tariffs and international trade disputes.
   

Special Courts Created by Congress

1. 
   Magistrate judges: These judges deal with certain criminal and civil matters, often with the consent of the parties.
   
2. 
   Bankruptcy courts: These courts hear cases arising under the Bankruptcy Code.
   
3. 
   U.S. Court of Military Appeals: This court is the final appellate court for cases arising under the Uniform Code of Military Justice.
   
4. 
   U.S. Tax Court: This court considers cases arising over alleged tax deficiencies.
   
5. 
   U.S. Court of Veterans' Appeals: This court handles certain cases arising from the denial of veterans' benefits.
   

4. Ответьте на вопросы по тексту.

1. 
   What two types of courts can the term “federal court” refer to?
   
2. 
   What courts does the first type include?
   
3. 
   What courts does the second type include?
   
4. 
   What jurisdiction does the U.S. District Court have? What cases does it hear?
   
5. 
   What cases does the U.S. Circuit Court of Appeal examine?
   
6. 
   What is the jurisdiction of the U.S. Supreme Court?
   
7. 
   What cases do the U.S. Court of Claims and the U.S. Court of International Trade consider?
   
8. 
   What cases do Magistrate judges deal with?
   
9. 
   What cases do Bankruptcy courts hear?
   
10. 
    What cases do the U.S. Court of Military Appeals and the U.S. Court of Veterans' Appeals deal with?
    
11. 
    What cases does the U.S. Tax Court examine?
    

5. На основании текста “Federal Court System” заполните схему, отражающую систему федеральных судов США.

TEXT 3

State Court Systems

Vocabulary

1. 
   a will – завещание
   
2. 
   to distribute – распределять, рассредоточивать
   
3. 
   adoption – усыновление, удочерение
   
4. 
   annulment – аннулирование (зд. судебное решение о признании брака недействительным)
   
5. 
   divorce – расторжение брака, развод
   
6. 
   alimony – алименты
   
7. 
   custody – опека, опекунство (попечительство)
   
8. 
   delinquent children – дети, совершившие (или склонные к совершению) правонарушения (делинквенты)
   
9. 
   ordinance – указ, декрет, закон, постановление, распоряжение
   
10. 
    to find guilty/not guilty – признать виновным/невиновным
    
11. 
    discretionary – предоставленный на (собственное) усмотрение
    
12. 
    government – обвинение как сторона в процессе (амер.)
    

6. Прочитайте и переведите текст.

No two state court systems are exactly alike. Nevertheless, there are sufficient similarities to provide an example of what a typical state court system looks like. Most state court systems are made up of two sets of trial courts: trial courts of limited jurisdiction (probate, family, traffic, etc.) and trial courts of general jurisdiction; intermediate appellate courts and the highest state courts.

Unlike federal judges, most state court judges are not appointed for life but are either elected or appointed for a certain number of years.

Trial Courts of Limited Jurisdiction

Trial courts of limited jurisdiction are courts that deal with only specific types of cases. They are usually presided over by a single judge. Some examples of trial courts of limited jurisdiction include:

1. 
   Probate court: This court considers cases concerning administration of estates. It sees to it that the provisions of a will are carried out properly or sees to it that a decedent’s property is distributed according to the state law.
   
2. 
   Family court: This court hears cases concerning adoption, divorce, alimony, child custody etc.
   
3. 
   Traffic court: This court usually considers minor violations of traffic laws.
   
4. 
   Juvenile court: This court usually deals with cases involving delinquent, unruly or neglected children and adults who neglect, abuse or contribute to the juvenile delinquency.
   
5. 
   Small claims court: This court usually resolves suits between private persons of a relatively low dollar amount, for example, less than $5,000.
   
6. 
   Municipal court: This court usually considers cases involving offenses against city ordinances.
   

Trial Courts of General Jurisdiction

Trial courts of general jurisdiction bear the main burden in the administration of justice. They hear cases outside the jurisdiction of the trial courts of limited jurisdiction. These involve both civil and criminal cases. One judge (often sitting with a jury) usually hears them. In such cases, the judge decides issues of law, while the jury decides issues of fact.

Intermediate Appellate Courts

Many, but not all, states have intermediate appellate courts between the trial courts of general jurisdiction and the highest court in the state. Any party, except in a case where a defendant in a criminal trial has been found not guilty, who is not satisfied with the judgment of a state trial court may appeal the matter to an appropriate intermediate appellate court. These courts usually sit in panels of two or three judges and review cases appealed from trial courts to determine if the law was correctly interpreted and applied.

Highest State Courts

All states have some sort of highest court. While they are usually referred to as supreme courts, some, such as the highest court in Maryland, are known as courts of appeal. In states with intermediate appellate courts, the highest state courts usually have discretionary review as to whether to accept a case. In states without intermediate appellate courts, appeals may usually be taken to the highest state court as a matter of right. In addition, many state supreme courts have original jurisdiction in certain matters. For example, the highest courts in several states have original jurisdiction over controversies regarding elections and the reapportionment of legislative districts.

7. Ответьте на вопросы по тексту.

1. 
   What cases do trial courts of limited jurisdiction deal with?
   
2. 
   What jurisdiction does the Probate court have?
   
3. 
   What cases does the Family court examine?
   
4. 
   What is the jurisdiction of the Traffic court?
   
5. 
   What cases does the Juvenile court consider?
   
6. 
   What cases does the Small claims court hear?
   
7. 
   What cases does the Municipal court deal with?
   
8. 
   What is the jurisdiction of trial courts of general jurisdiction?
   
9. 
   What is the role of intermediate appellate courts?
   
10. 
    What is the jurisdiction of highest state courts?