Comparison of Roman and English law

The main differences between the British legal system, called the accusatorial or adversarial system, and the system of some European countries (for example, France), called the inquisitorial system, are that in the accusatorial system the judge acts as an impartial umpire; prosecution and defense each put their case; and the jury decides. In the inquisitorial system the inquiry into the facts is conducted by the judge, who also examines the evidence and interrogates witnesses.

A disadvantage of the accusatorial system is that juries have to decide on the basis of the evidence put in court, which may be limited by rules of evidence. The same evidence would not be hidden under the inquisitorial system, where all evidence must be put forward. But the inquisitorial system does not allow for cross-examination of witnesses, and gives the examining magistrate potentially-oppressive powers. Pleas of guiltyare also not allowed.

Task 8. Paraphrase the underlined words and word combinations using the equivalents from the text The History of English Law

1) The new rules were founded by the state. 2. The body of 12 persons decided the case. 3. The accused was examined in a court of law. 4. You can’t say that a person has done wrong unless you have proved it. 5. The Act of Parliament separated the Court into three divisions. 6. The case was taken from the lower court into the higher court. 7. He was tried in the hall of justice. 8. This crime was punishable with death. 9. The rules tell the people what they must do and what they must not do. 10. The prisoner appealed against the judge’s decision. 11. The jurors were trying the case. 12. The Romans failed to affect English Law. 13. Henry II was the firs lawyer among the English Kings. 14. The Court of Chancery dealt with civil Matters in Equity. 15. The Courts of Assizes and Quarter Sessions were abolished.

Task 9. Translate and match the words and word combinations with their definitions. Write down your own sentences with them

1. Common Law	a) a non-indictable offense, regarded in the U.S. (and formerly in the UK) as less serious than a felony
2. Law of Equity	b) a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death
3. felony	c) a branch of law that developed alongside common law in order to remedy some of its defects in fairness and justice, formerly administered in special courts
4. misdemeanor	d) the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law
5. court	e) involving accusation by a prosecutor and a verdict reached by an impartial judge or jury
6. trial	f) a trial or legal procedure in which the judge has an examining or inquiring role
7. accusatorial	g) a tribunal presided over by a judge, judges, or a magistrate in civil and criminal cases
8. inquisitorial	h) a formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings

Task 10. Read and translate the text. Find in the text the equivalents to the words and phrases given below. Discuss the text with the partner