5. Complete the following text by translating the words expressions in brackets.

Most criminal trials take place in a (Магістратському Суді). Magistrates listen to all the (показання свідків) and decide whether the person accused of the crime (the defendant) is (винен) or not. If the defendant is found guilty, the magistrates usually decide on the (вирок). The magistrates are normally three Justices of the Peace chosen from the community. In court there will also be a solicitor who argues for the (обвинувачений).

The more serious cases are dealt with in the (Kopолівському Суді) in front of a judge. A (суд присяжних) of twelve men and women (who are ordinary members of the public) decide whether defendant is guilty or not. The (cуддя) will decide on a sentence. Judges and other (юристи) who speak in Crown Courts wear black gowns and wigs. In Crown Courts there are two (адвоката) instead of solicitors, one arguing for the prosecution and the other for the defendant.

6. Choose the correct definition for each legal profession the box.

a. magistrates d. judges g. clerks of the court b. solicitors e. jury

c. barristers f. coroners

1. An officer acting as a judge in the lower courts.

2. A public official with authority to hear and decide cases in a law court.

3. A group of people who swear to give a true decision on issues in a law court.

4. An offical who investigates the cause of any death thought to be violent or unnatural causes.

5. A lawyer who has the right to speak and argue in higher law courts.

6. A lawyer who prepares legal documents advises on legal matters for them in lower law courts.

7. An officall looks after administrative and legal matters in the courtroom.

7. Read the text and fill in the gaps with the appropriate words from the box.

sentences judge crimes Crown

jury magistrate behaviour

imprisonment murder prisoners

In England there are no minimum ... ,except for ... , which carries a penalty of life ... . There are maximum sentences for other…. Crimes are first heard by a ... who can either pass sentence, or refer the crime to a ... Court with a ... and ... . Here are maximum sentences for some crimes. Sentences can be reduced for good…,often by one—third or more. “Life sentences” are rarely more than 14 years, and it would be possible to release ... after 7 years.

ІV studying year, І term

Theme 9: text “Law”

1. Read and translate the text.

2. Retell the text.

THE QUESTION OF LAW

Jurisprudence is the philosophy of law, or the science which deals with positive law and legal relations. The study of jurisprudence asks questions such as: What is law? Where does it come from? Why do we have it? When do we first meet it? Where have you met it? In my opinion, no nation that does not have an informed populace in jurisprudence can be strong and free. Fundamentally, law may be called rules governing behavior between people. Purposes for law include: to regulate human relations; to determine ownership (control) of property; to fix parameters of freedom in community and relationships by restraining anarchy (for without law there is only anarchy); to produce justice. But so long as we agree and live out our agreements, we do not need written law. But when we disagree, we must have a system designed to restore us to agreement or decide between us so we do not fall into blood feuds. To have a system we must recognize need for a Rule of Law. But who decides what is or is not justice? A legislature passing laws? Public opinion directing legislators? Judges? Juries? Money? Lawyers? Yes, but No - each individual will decide, inside him, when in conflict, whether he will accept the outcome as justice or not.

Law can be spoken of in many different ways: Political, Criminal, Civil, and Equitable, or Constitutional, Statutory and Procedural. Or case precedent (stare decisis) or local custom (tradition); or in a vertical manner - international, then national, then district, then city, etc.; or repressive, democratic, autonomous, common, etc. Yet all law will, at times, seem arbitrary and capricious. That is because people make the decisions, not the law - the law is not self-acting. Rule of Law asks the question: “Are these decisions of people made in a framework of law, or a framework of no law?” The problem always was, and is: What is an adequate base for law? What is adequate so that a human desire for freedom can exist without anarchy and yet be gentle enough to provide a form that will not become arbitrary tyranny? Jurisprudence has to do with administration, or weighing of justice, or right values. All pronouncements of right and wrong are moral concerns, at their base religious. In recent years we have witnessed numerous marches on Washington in which one group or another demanded new “rights”; not freedom from state control but entitlement to state action, protection, or subsidy. In creating rights a state inevitably enlarges its bureaucracy. As a state creates new rights, it necessarily diminishes some rights for others. The modern secular view holds that individuals have just such rights as laws give them. Rights must have a reference point and specific context or they are meaningless; reference point determines the nature of the right exercised, defines who possesses it and sets limits to others who must respect it. When we fail to live at peace, we need compulsion - so the law exists to compel. It does this by punishment. Man’s methods of law place two people in combat against each other, using advocates (lawyers) who, in the normal setting, keep the parties separate from one another. In this, we say that we search for the truth of the case.

WORDS AND PHRASES

jurisprudence – юриспруденція, правознавство

rule of law – принцип господарювання права, правова норма, законність

stare decisis - судовий прецендент, забовязуюча сила прецендентов

restraint – міра приборкання

Constitutional Law – конституційне право

Procedural Law – процесуальне право

Statutory Law – статутне право

Political Law – державне право

Criminal Law – кримінальне (карне право) право

Civil Law – цивільне (громадянське) право

Equitable Law – право справедоивості

International Law – міжнародне право

ІV studying year, І term

Theme 10: text “Judiciary”