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UNIT 5. JUDICIAL BRANCH OF THE UNUTED KINGDOMTEXT 11. Прочитайте текст и озаглавьте его. Найдите в тексте английские эквиваленты русским предложениям.В Cоединенном королевстве нет единого свода законов, который применялся бы во всем государстве. Каждая из отдельных правовых систем в Англии и Уэльсе, Северной Ирландии и Шотландии имеет свою судебную власть. Лорд-главный судья выполняет около 400 функций, учрежденных законом … Лорд-главный судья в настоящее время решает, где судьи заседают и какие дела они рассматривают … Лорд-главный судья организовал Исполнительный комитет судебной власти, чтобы помочь в обеспечении руководства судебной властью … Судьи разных уровней судебной системы могут иметь свои представительские организации … 2. Ответьте на вопросы по тексту.What is the distinctive feature of the UK Judiciary? Who has the responsibility over the UK Judiciary? Who had it previously? What issues can the Lord Chief Justice decide? Whose support does he have? What is the role of the Judicial Executive Board and Judges’ Council? What is the role of judges’ representative organizations? The United Kingdom does not have a single body of law applicable throughout the realm. Scotland has its own distinctive system and courts; in Northern Ireland, certain spheres of law differ in substance from those operating in England and Wales. The Judiciary of the United Kingdom is not a single body either. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland have their own judiciary. There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. As a part of the constitutional changes of April 2006, the Lord Chief Justice is responsible for some 400 statutory functions, which were previously the responsibility of the Lord Chancellor. For example, the Lord Chief Justice now decides where judges sit, and the type of cases they hear. To do this, the Lord Chief Justice has support from his judicial colleagues, as well as from a small administrative staff. An outline structure for the organisation of the judiciary has been created. This document provides greater detail about the way in which the changes set out in the Constitutional Reform Act impact on the judiciary. The Lord Chief Justice has created a Judicial Executive Board to help provide judicial direction and he has also strengthened the existing Judges’ Council, which is representative of all levels of the judiciary. Sometimes different levels of judges have their own representative organisations, for example the Association of Her Majesty's District Judges, or Council of Her Majesty's Circuit Judges. These groups represent the interests of judges from a particular level or jurisdiction. Finally, judges also have access to administrative support within the court environment, whether this is their own allocated clerk, court staff, or legal advisers for magistrates. 3. Прочитайте текст и ответьте на вопросы.What levels does the court system in England and Wales consist of? What is the task of the Judicial Committee of the Privy Council? What is the jurisdiction of the Supreme Court? What does the High Court consist of? What cases does the Chancery Division deal with? What cases does the Family Division resolve? What cases does the Queen’s Bench Division examine? What is the jurisdiction of the Crown Court? What do Magistrates’ Courts deal with? How are judges appointed? TEXT 2Courts in the United KingdomVocabulary High Court – Высокий суд Crown Court – Суд Короны, суд по рассмотрению уголовных дел Magistrates’ Court – магистратский суд Chancery Division – канцлерское отделение (Высокого суда) Family Division – отделение по семейным делам (Высокого суда) Queen’s Bench Division – отделение королевской скамьи (Высокого суда) indictable offences – преступления, преследуемые по обвинительному акту (тяжкие уголовные преступления) either-way offences (syn. alternative or hybrid offences) – преступления двойной подсудности summary offences (syn. minor offences) – суммарные преступления (преследуемые в порядке суммарного, т.е. упрощенного производства без участия присяжных), незначительные преступления The court system in England and Wales can be considered as consisting of 5 levels: Supreme Court (formerly the House of Lords) and the Judicial Committee of the Privy Council Court of Appeal High Court Crown Court and County Courts Magistrates’ Courts and the Tribunals Service The Judicial Committee of the Privy Council is the court of final appeal for Commonwealth countries that have retained appeals to either Her Majesty in Council or to the Judicial Committee. Some functions of the Judicial Committee were taken over by the new Supreme Court in 2009. Supreme Court (formerly the House of Lords)In 2009 the Supreme Court replaced the House of Lords as the highest court in England, Wales and Northern Ireland. As with the House of Lords, the Supreme Court hears appeals from the Court of Appeal and the High Court (only in exceptional circumstances). Appeals are normally heard by 5 Justices, but there can be as many as 9. High CourtThe High Court consists of 3 divisions, the Chancery Division, the Family Division, and the Queen’s Bench Division. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Chancery DivisionThe Companies Court of the Chancery Division deals with cases concerning commercial fraud, business disputes, insolvency, company management, and disqualification of directors. The Divisional Court of the Chancery Division deals with cases concerning equity, trusts, contentious probate, tax partnerships, bankruptcy and land. The Patents Court of the Chancery Division deals with cases concerning intellectual property, copyright, patents and trademarks, including passing off. Family DivisionThe Divisional Court of the Family Division deals with all matrimonial matters, including custody of children, parentage, adoption, family homes, domestic violence, separation, annulment, divorce and medical treatment declarations, and with uncontested probate matters. Queen’s Bench DivisionThe Administrative Court of the Queen’s Bench Division hears judicial reviews, statutory appeals and application, application for habeas corpus, and applications under the Drug Trafficking Act 1984 and the Criminal Justice Act 1988. It also oversees the legality of decisions and actions of inferior courts and tribunals, local authorities, Ministers of the Crown, and other public bodies and officials. The Admiralty Court of the Queen’s Bench Division deals with shipping and maritime disputes, including collisions, salvage, carriage of cargo, limitation, and mortgage disputes. The Court can arrest vessels and cargoes and sell them within the jurisdiction of England and Wales. The Commercial Court of the Queen’s Bench Division deals with cases arising from national and international business disputes, including international trade, banking, commodities, and arbitration disputes. The Mercantile Court of the Queen’s Bench Division deals with national and international business disputes that involve claims of lesser value and complexity than those heard by the Commercial Court. The Technology and Construction Court of the Queen’s Bench Division is a specialist court that deals principally with technology and construction disputes that involve issues or questions which are technically complex, and with cases where a trial by a specialist TCC judge is desirable. Crown CourtThe Crown Court deals with indictable offences, i.e. serious criminal offences (such as murder, rape and robbery) that have been committed from the Magistrates’ Court for trial, cases committed for sentencing, and appeals from Magistrates’ Courts. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. Judges are appointed by the Crown, on the advice of the Prime Minister, Lord Chancellor, or the appropriate cabinet ministries. Magistrates’ CourtsThe Magistrates’ Courts deal with summary offences and committals to the Crown Court, with simple civil cases including family matters. It can sit as a Juvenile Court to consider offences committed by children or young persons. Cases are heard either by a panel of lay magistrates or by a stipendiary magistrate without a jury. Lay magistrates are chosen from well-respected people in the local community. A clerk guides them on points of law. They consider about 93 per cent of all criminal cases in Great Britain. Criminal decisions of the Magistrates’ Courts may be appealed to the Crown Court. Civil decisions may be appealed to the County Courts. Проанализируйте схему судебной системы Великобритании. Сравните ее с содержанием текста и укажите, какие суды не упоминаются в тексте. Скажите, какие суды Великобритании могут рассматривать следующие судебные дела. Mr Johnson and Mrs Johnson are getting divorced. Mrs Johnson demands to have the house, the car, 75% of Mr Johnson's life savings and their pet cat, Tigger. "No way!" says an angry Mr Johnson. Two separate companies, English International Telecommunications and Britphone, both bring out a new mobile phone which they call the 'Smell-O-Phone'. Both companies claim that the name was their own idea. Five workers have been sacked from the computer manufacturing company 'Compucrash' for incompetence. They believe that they have been unfairly dismissed. Mr and Mrs Waugh had a new window installed in their house. The window company now wants the Waughs to pay, but Mr Waugh is refusing because he thinks the quality of workmanship is poor. Newspaper editor Mr Hislop publishes an article describing the Prime Minister as a 'useless, incompetent fool who can barely tie his own shoelaces, let alone run the country'. The PM decides to take immediate legal action against the paper. Прочитайте статью репортера газеты “Daily Mail” и ответьте на вопросы.What is the essential idea of the article? What suggestions are made by Lord Neuberger about televising trials? Is he for or against broadcasting trials? Is it a good idea to televise trials? What are positive and negative points about these shows? Showing Court Cases on TV Could Increase Confidence in Legal System, Claims Top JudgeBy Daily Mail Reporter "Showing key court cases on television could help to increase confidence in the legal system" the top civil judge in England and Wales has claimed. Master of the Rolls Lord Neuberger said the move would need to be looked at "very carefully" but could increase confidence in the system, transparency and engagement. The Supreme Court already televises its judgments, he said, 'but from a public interest perspective might there not be an argument now for its hearings, and some hearings of the Court of Appeal, being televised on some equivalent of the Parliament Channel, or via the BBC. 'If we wish to increase public confidence in the justice system, transparency and engagement, there is undoubtedly something to be said for televising some hearings, provided that there were proper safeguards to ensure that this increased access did not undermine the proper administration of justice'. 'Such an idea would have to be looked at very carefully, and it would not be sensible for me to try and make any firm suggestions'. 'But, if broadcasting of court proceedings does go ahead, I think it would be right to make two points, even at this tentative stage. 'First, the judge or judges hearing the case concerned would have to have full rights of veto over what could be broadcast; secondly, I would be very chary indeed about the notion of witness actions or criminal trials being broadcast - in each case for obvious reasons.' Lord Neuberger also backed the Lord Chief Justice Lord Judge's provisional decision to allow the use of Twitter in courts. 'It seems to me that, subject again to proper safeguard, the advent of court tweeting should be accepted, provided of course that the tweeting does not interfere with the hearing,' he said. 'Why force a journalist or a member of the public to rush out of court in order to telephone or text the contents of his notes written in court, when he can tweet as unobtrusively as he can write? 'It seems to me, in principle, that tweeting is an excellent way to inform and engage interested members of the public, as well as the legal profession.' But he joked: 'Whatever the outcome of the consultation, I doubt however that we will see the development of tweeting from the bench.' 7. Разделитесь на две группы: те, кто выступает в защиту телевизионных судебных процессов, и те, кто против. В группах напишите аргументы «за» или «против». Назначьте в каждой группе студента, который озвучит ваши доводы. Постарайтесь переубедить своих оппонентов или выработать единую точку зрения по данному вопросу. |