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 guilty are also not allowed.

Task 7. Make the following sentences complete by translating the phrases in brackets.

1. The high Court is divided into (три відділення).

2. In England and in the USA the jury system (обов’язкова).

3. The Chancellor was at first (королівським секретарем).

4. The Court of Chancery dealt with (громадськими позовами по праву справедливості).

5. The highest court in England today is (палата лордів).

6. In theory any peer may take part in (розгляді апеляції).

7. Common Law crimes were divided into (два класи: більш серйозні та менш серйозні).

8. Some courts can decide the case (без присяжних)

9. Capital punishment (остаточно скасовано в Англії).

10. Scottish law has taken a lot (з Римського права).

Task 8. Give synonyms to the words in bold type.

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. He was tried in the hall of justice. 7. This crime was punishable with death. 8. The rules tell the people what they must do and what they must not do. 9. The prisoner appealed against the judge’s decision. 10. The jurors were trying the case. 11. The Romans failed to influence English Law. 12. The Court of Chancery concerned with civil Matters in Equity. 13. The Courts of Assizes and Quarter Sessions were cancelled.

Task 9. Match the words on the left with their definitions on the right. Use them in the sentenses of your own.

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. Topics for discussion.

1. The history of English Law.

2. The sources of English Law.

3. Common Law as “Judgemade Law”.

4. Equity