- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Chapter I law Unit 1 Introduction to Law
- •Introduction to Law
- •Vocabulary
- •Vocabulary tasks
- •The Aims of Law
- •In trouble with the law law-abiding my word is law
- •Unit 2 What Law Is
- •What Is Law?
- •Social Morality, Rules and Laws
- •Vocabulary
- •Chapter II sources of law Unit 3 Sources of English Law
- •Sources of English Law
- •The Principal Sources
- •Legislation
- •Judicial precedent
- •The Subsidiary Sources
- •Customs
- •Books of authority
- •Vocabulary
- •Unit 4 Sources of Modern Law
- •Text a Historical and Political Background
- •Text b Common Law Systems
- •Vocabulary
- •Vocabulary tasks
- •Text d Sources of American Law
- •Vocabulary
- •Text e Continental Systems
- •For You to Remember
- •Vocabulary
- •Chapter III constitutions Unit 5 The History of Constitution
- •Vocabulary
- •Unit 6 British Constitution
- •The Nature of the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Unit 7 us Constitution
- •Founding of the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 8 The Constitution of the Russian Federation
- •The New Russian Constitution
- •Amendments to the Constitution
- •Vocabulary
- •Vocabulary tasks
- •Chapter IV the system of government Unit 9 The British Government of Today
- •Text a The Governmental Model
- •Vocabulary
- •Vocabulary tasks
- •Text b The British Parliament
- •Vocabulary
- •The System of Government
- •Stages of a Government Bill
- •The House of Commons
- •The House of Lords
- •Making New Law
- •Text d The Prime Minister and the Cabinet
- •Vocabulary
- •Unit 10 The American Government of Today
- •System of Government in the United States
- •Vocabulary
- •Vocabulary tasks
- •Unit 11 The System of Checks and Balances
- •Vocabulary
- •Vocabulary tasks
- •Checks and Balances
- •Unit 12 Law-making Process in the usa
- •Text a The Concept of Bicameral Legislature
- •Vocabulary
- •Federalism
- •State and Local Government
- •Three Branches of Government
- •Unit 13 The State System of Russia. The Parliament of the Russian Federation
- •Text a The State System of Russia
- •Vocabulary
- •Text b The Parliament of the Russian Federation
- •Vocabulary
- •Chapter V law enforcement Unit 14 Law Enforcement Bodies
- •Text a Role of Government
- •Text b Role of Police Force
- •Vocabulary
- •Vocabulary tasks
- •Unit 15 Enforcing the Law in Britain
- •Text a The English Legal System
- •Vocabulary
- •Text b The British Police
- •Vocabulary
- •Vocabulary tasks
- •Identify showing murder investigation found dead
- •Unit 16 Law Enforcement in the usa
- •Text a Protecting the Rights of the Accused
- •Text b Police Technology in the usa
- •Vocabulary
- •Vocabulary tasks
- •Federal Bureau of Investigation
- •Vocabulary
- •Vocabulary tasks
- •Unit 17 Law Enforcement in the Russian Federation
- •Text a Law Enforcement of Today
- •Vocabulary
- •Text b Application of Law Enforcement
- •Vocabulary
- •Vocabulary tasks
- •Chapter VI the courts Unit 18 The Court System of the uk
- •Text a Judicial Institutions
- •Text b Classification of the English Courts
- •Text c The Hierarchy of the Courts
- •Restrictions
- •Vocabulary
- •It is useful to know
- •For you to know
- •Vocabulary tasks
- •Text d Courts of England and Wales
- •Judicial organization
- •Unit 19 The u.S. Court System
- •Text a Understanding the u.S. Court System
- •State Courts
- •A Typical State Judicial System
- •Federal Courts
- •Text b Jurisdictions of the Federal and State Court Systems
- •The Federal Judicial System
- •9 Justices
- •12 Circuits
- •Vocabulary
- •Vocabulary tasks
- •Text c The Miranda Warning
- •Vocabulary
- •Unit 20 The Court System of the Russian Federation
- •The Court Structure
- •Vocabulary
- •Vocabulary tasks
- •Text b Jurisdiction of Courts
- •The Constitutional Court
- •Jurisdiction of the Courts of General Jurisdiction
- •The Supreme Court of the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Text c The Courts of the Subjects of the Russian Federation
- •Text d The Arbitrazh Court of the Russian Federation.
- •Jurisdiction of the Federal Arbitrazh Circuit Court as the Court of the First Instance
- •Vocabulary
- •Vocabulary tasks
- •Opening remarks at Meeting with the Judges of the Russian Court
- •Contents
- •Legal English - 1
A Typical State Judicial System
|
HIGHEST-LEVEL APPELLATE COURT |
|
(A state's highest court) (Usually called the State Supreme Court; sometimes called the Court of Appeals or the Supreme Judicial Court)
|
Typically, 5 to 9 judges
|
|
||
INTERMEDIATE APPELLATE OR REVIEWING COURTS |
|
(Found in 41 of the 50 states)
|
|
Generally, 3 judges per Panel
|
|
||
TRIAL COURTS General Jurisdiction |
|
(Called, for example, Circuit Courts or Superior Courts) |
|
LAW EQUITY
|
|
||
(Usually presided over by judges, although some states have justices of the peace or magistrates) |
|||
LOWER TRIAL COURTS Nonjury – Limited Jurisdiction
|
|
|
|
|
(In some states, handled by several types of courts; in others, by the same trial court) |
|
|
|
||||||||||||||
Housing (Rent) Courts |
|
Small Claims Courts |
|
Probate (Orphan’s) Courts |
|
|
County or Municipal Courts |
|
Juvenile Courts |
|
Domestic Relations Courts |
|||||||||
|
|
|
|
|||||||||||||||||
|
(Maximum amounts vary, depending on the state, from $200 to about $5,000) |
|
Criminal Courts |
|
(Serious criminal cases tend to be handled by the general jurisdiction trial courts) |
|
||||||||||||||
|
|
|
|
|||||||||||||||||
|
Traffic Courts |
|
Federal Courts
The hierarchical structure of federal courts is comparable to that of the various state court systems.
At the bottom rung are 94 U.S. district courts*, which are trial courts. In each state there is at least one federal district court. Each district court may include any number of judges, one of whom will hear a particular case.
If a party wishes to appeal the district court's judgement, he/she brings the case before the appeals court, the circuit court**, for that district.
The federal courts are divided into eleven geographic circuits, plus a circuit for Washington, D.C. [District of Columbia] and a federal circuit. Each circuit generally covers the federal district courts in several states. (The one exception is Washington, D.C., which, because of its heavy volume of work, for example, in administrative law, has its own circuit.)
Lastly, appeals from circuit court decisions (or from holdings of the highest court of the state) may be heard by the U.S. Supreme Court. In a few cases, a party has an absolute right of appeal. Supreme Court review by appeal is a matter of right when:
-
a state court declares a treaty or federal statute invalid or holds that a state law does not violate a treaty, the U.S. Constitution, or federal statutes; or
-
a federal court
-
decides that a state law violates federal law; or
-
if the federal government or its employees are parties, rules that a Congressional statute is unconstitutional.
In most cases, however, it is within the sole discretion of the Supreme Court whether to hear an appeal. Usually the case must involve a federal question (e.g., about the U.S. Constitution and/or a federal statute).
* district court – a trial court having general jurisdiction within its judicial district.
** circuit court – a court usually having jurisdiction over several counties, districts, or states, and holding sessions in all those areas.
The following chart gives an overview of the structure of the federal courts.
Level
1: U.S. District Court
Made up of trial courts of
original jurisdiction; ninety-four districts (including the
District of Columbia and the territories)
One judge and, if desired, a
jury
Appeal as a matter of right
Level
2: U.S. Courts of Appeal
Thirteen courts of appellate
jurisdiction in the various circuits
Bank (also referred to as a
panel) of three judges
Appeal to U.S. Supreme Court
only at request to the U.S. Supreme Court for review
Level
3: U.S. Supreme Court
1. Nine
members; nominated by the president and confirmed by the Senate; may
serve for life
2.
Appellants must petition for asking the Court to hear the appeal
3.
No appeal is possible. Supreme Court decisions are binding in all
jurisdictions in the United States. However, the Supreme Court may
overrule its own earlier decisions