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Иностранный язык в сфере юриспруденции. Английский. Часть 1
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Ex. 1. Say if these statements are true or false.
1. The judge is the presiding officer of the court. True
2. Every Circuit judge is capable of sitting as a judge for
Ex. 2. Here are the answers to some questions on the text. What are the questions?
1. The Act of Settlement 1700.
From where statutory basis for the appointment of judges dates from?
2. The existing country court judges became Circuit judges.
What does the re-organization of the criminal courts under the Courts Act 1971 stated?
3. A full-time district judge is barred from legal practice.
How does the full-time district judge is barred?
4. Registrars are responsible for procedural steps in court proceedings.
What registrars are responsible for?
Выполните практическое задание №1 по дисциплине «Иностранный язык в сфере юриспруденции». Ответы располагайте непосредственно после текста и выделяйте их цветом.
Text
Judges
Task: read the text and focus on its main points.
The judge is the presiding officer of the court. The statutory basis for the appointment of judges dates from the Act of Settlement 17001. Under the original arrangements the districts were grouped into 60 county court circuits, each with its own judge appointed by the Lord Chancellor from barristers of at least seven years’ standing. On the re-organisation of the criminal courts under the Courts Act 1971 the existing county court judges became Circuit judges. Every Circuit judge is by virtue of his or her office capable of sitting as a judge for any county court district and at least one is assigned to each district by the Lord Chancellor. A full- time District judge is barred from legal practice. District judges were formerly called registrars; the change of title reflected the fact that their functions are now judicial. They are responsible for procedural steps in court proceedings. Their administrative functions have now been transferred to substantial staffs of clerks and bailiffs.
Judges themselves are not a separate profession: they are barristers who have demonstrated competence in litigation and have been elevated to the bench2, itself a name derived from the part of the Court where they sit. A barrister always enters the judiciary at the lower trial level. He is thereafter promoted if he proves successful in the initial judicial post.
The traditional function of judges is to apply existing rules of law to the case before them. The judge decides the interpretation of the law. After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.
Judges are capable of “making law” both through the interpretation of statutes and the doctrine of precedent. When an Act of Parliament makes no provision for the case in question and there is no existing precedent, the judge must, if necessity, create a new law.
Judges are not under the control of Parliament, or the Civil Service. The independence of the judiciary is a fundamental principle of constitutional law. Closely related to judicial independence is the doctrine of judicial immunity.
The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with the professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs)3. They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense”4 and understanding of their fellow human beings.
Magistrates are selected by special committees in every town and district. Nobody, even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.
The work of the Magistrates’ Courts5 throughout the country depends on the unpaid services of JPs.
Notes:
1 Act of Settlement – акт о престолонаследии
Ex. 3. Complete the following sentences:
1. The judge is the presiding officer of the court.On the reorganization of the criminal courts under Courts Act 1971 the existing country court judges became Circuit judges.
2. The Lord Chancellor assign at least one Circuit judge to each district.
3. Registrars are responsible for procedural steps in court proceeding.
4. The statutory basis for the appointment of judges dates from the Act of Settlement 1700.
5. Judges are barristers who have demonstrated competence in litigation and have been elevated to the bench.
6. The traditional function of judges is to apply the existing rules of law to the case before them.
7. Judge’s summing up is the summarize of the case.
8. Judges “make law” through interpretation
Выполните практическое задание №2 по дисциплине «Иностранный язык в сфере юриспруденции». Ответы располагайте непосредственно после текста и выделяйте их цветом.
What is Law?
Task: read and translate the following text.
The English word “law” refers to limits upon various forms of behaviour. There is a vague distinction between man-made law and moral precepts. Law can be defined as a set of rules which form the pattern of behaviour of a given society. Law is one of the most basic social institutions – and one of the most necessary. No society could exist if all people did just as they pleased, without regard for the right of others. Nor could a society also have certain obligations toward one another. The Law also sets penalties for people who violate these rules and it states how government shall enforce the rules and penalties.
Law essentially serves two functions in modern society. First, it serves to order and regulate the affairs of all “persons” be they individuals, corporations or governments. Secondly, law acts as standard of conduct and morality. Through both of these functions law seeks to promote and achieve a broad range of social objectives. Law can appear as the highest achievement of civilization. In man’s capacity to legislate against his own defects we can discern his chief claim to stand clearly above the animal level.
Law seems to exist apart from man and is not even noticed by him until somebody violates its orders or until it is called upon to defend interests that have been the object of encroachments.
The student of law is concerned with the questions of relationships between individual citizens and the state, as well as the relationships between states. The study of a legal process is the study of how decisions are made, who makes them, what the decisions are, how they influence subsequent events.
We commonly speak of both law and laws – the English law, or the laws of England; and these terms point to two different aspects under which legal science may be approached. The laws of a country are separate, distinct, individual rules; the law of a country however much we may analyse it into separate rules, it is something more than the mere sum of such rules. It is rather a whole, a system which orders our conduct, in which the separate rules have their place and their relation to each other and to the whole. Thus each rule which we call a law is a part of the whole which we call the law. Lawyers generally speak of law; laymen more often of laws. This distinction between law as a system and law as enactments is brought out more clearly in those languages which use different words for each.
In a developed state the sphere in which the law operates proves to be quite extensive. It embraces all the spheres of production, distribution and exchange. Law fixes the forms of administration and the constitutional system, and determines the legal status of citizens and activity of the state mechanism (state law, administrative law). It fixes the existing property relations and operates as a regulator of the measure and forms of distribution of labour and its products among the members of society (civil law, labour law). Finally, the law lays down the
measures for combating encroachment on the state system, the existing order of social relations, together with the forms in which this is done (criminal law, procedural law, corrective labour law).
However, the laws enforced by government can be changed. In fact, laws frequently are changed to reflect changes in a society’s needs and attitudes.
Что такое закон?
Английское слово “закон” говорит об ограничениях разных форм поведения. Различие между законами принятыми людьми и моральными принципами расплывчато. Закон может быть определён как наюор правил которые формируют поведение в конкретном обществе. Закон один из самых базовых социальных институтов, и один из самых важных. Ни одно общество не смогдо бы существовать если бы все делали что хотят, без учёта прав других. И общество так же не имело бы обязательств друг перед другом. Закон также является набором наказаний для людей нарушающих его правила и так же он говорит как государство должно применять правила и наказания
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