UMK_Engl_YurPrud_2012_2013

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Additional Texts

Text 1. Trial by Jury

Trial by jury started in the twelfth century. But the jury was a very different body then. It was made up of the people who knew the accused – his friends and neighbours – not, as today, people who ought not to know a defendant.

One of the most signifi cant changes to the jury system took place in 1973. In theory juries are chosen at random, as representatives of the community, but this has never been so in practice. Before 1973 there was an age qualifi cation and a property qualifi cation. A juror had to be between 21 and 60 and a house owner or ratepayer. It was discrimination against women, mainly because most married couples had their houses in the name of the husband rather than the wife’s, and against the young, who were not householders. A pre-1973 jury was, therefore, predominantly male and middle-aged.

This has changed dramatically. Now jurors are chosen from the electoral register. They must be aged between 18 and 70 and must have been resident in the UK for a period of at least fi ve years since the age of 13.

The following are ineligible for jury service: (1) past and present holders of any judicial offi ce; (2) solicitors, barristers, members of a court staff, police offi cers, and others concerned with the administration of justice, if they have held the offi ce within the preceding 10 years; (3) clergymen; and (4) the mentally ill.

Text 2. The Court System of England and Wales

The most common type of law court in England and Wales is the magistrates’ court. There are about 700 magistrates’ courts and about 30,000 magistrates there. Simple matters are considered by magistrates. Magistrates infl ict punishment that can seldom exceed six months imprisonment. But mostly, it is a fi ne.

More serious criminal cases go to the Crown Court, which has 90 branches in different towns and cities.

As for the civil cases, they are tried in the county courts or in the High Court of Justice. These courts deal with the matters connected with property rights, family relations, business and so on.

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The legal system also includes juvenile and coroners’ courts. Juvenile courts deal with offenders under seventeen and coroners’ courts investigate violent, sudden or unnatural deaths.

Besides, there are administrative tribunals. They deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

The intermediate appellate tribunal in England is the Court of Appeal. It hears appeals from the High Court and from specialised tribunals. The Criminal Division of the Court of Appeal hears appeals from criminal courts of inferior instances.

Until 2009 the highest court in England and Wales was the House of Lords. At present, the Supreme Court is the fi nal court of appeal in the UK for civil cases. It hears appeals in criminal cases from England,

Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population.

Text 3. Judicial System of the USA

The Supreme Court is the highest judicial organ of the United

States and the head of the judicial branch.

The Supreme Court consists of the Chief Justice of the USA and Associate Justices. The President of the United States nominates the Justices, and their appointments are made by and with the advice and consent of the Senate. The appointments are made for life.

The Supreme Court has the right to declare unconstitutional any law passed by Congress, or any order issued by the President.

The USA is divided into 13 federal judicial circuits. Each circuit is served with a court of appeals known as the United States Court of

Appeals for the circuit. The Court ofAppeals for the District of Columbia and the Court of Appeals for the Federal Circuit are included in these 13 judicial circuits.

There are about 90 district courts in the USA. Each state is comprised of one or more federal judicial districts, and in each district there is a district court. The United States district courts are the trial courts with general Federal jurisdiction. It means that they deal with cases involving federal laws and actions between citizens of different states.

Each state has at least one district court. There is also a United States district court in the District of Columbia. Only one judge is usually required to hear and decide a case in a district court, but some kinds of cases are heard by three judges in this court.

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Text 4. The Russian Court System

The Russian court system is composed of three essentially separate and distinct court systems. They are the: (1) Courts of General

Jurisdiction; (2) Arbitrazh (or Commercial) Courts; and (3) Russian Federation Constitutional Courts.

Local courts are established in all administrative units of the Russian Federation and function as courts of fi rst instance and courts of appeals for decisions of justices of peace. These courts make initial decisions in the majority of all criminal and civil cases. Federal district courts build the second level of Russia’s judicial system. Their territorial jurisdiction extends to the components of the federation where those courts have been formed. They serve as trial courts in more serious crimes and civil matters, and as appellate courts reviewing local court’s judgments. The Supreme Court is the highest judicial body for civil, administrative, criminal, and other cases within the jurisdiction of courts of general jurisdiction. Justices of the Supreme Court are appointed by the Federation Council. The Court has three divisions: civil, criminal, and military, which hear relevant cases. Thirteen specially appointed justices of the Supreme Court comprise the Presidium of the Supreme Court, the highest judicial instance in Russia in regard to cases heard by way of supervision and for newly discovered circumstances. The plenary session of the Supreme Court may issue explanations on questions pertaining to judicial practice, and it may exercise the Court’s right of legislative initiative by formulating the relevant proposals for their subsequent submission to the Parliament.

Arbitration courts are a part of the federal judicial system, but separate from regular courts and is aimed at the resolution of commercial and economic disputes. They are organized at the level of constituent components of the Russian Federation, and, despite what the name suggests, their function is to adjudicate, not arbitrate, economic disputes between business entities, and to decide on complaints against organs of state and federal administration whose decisions may affect the conduct of business operations. The internal structure and principles of the arbitration courts are similar to those of the courts of general jurisdiction.

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