Вопросы для контроля и самоконтроля The State Organization and the Court System of Great Britain.
1. Who is the formal head of the country?
Who is the monarch nowadays?
What power does the monarch have?
What is the legislative body of the country?
What parts does the Parliament consist of?
Who does the House of Lords comprise?
Who is the head of the House of Lords?
How many members are there in the House of Commons?
Who is the head of the House of Commons?
How can a bill become a law?
How often does the parliamentary election take place?
Who has a vote?
How is voting taken?
What parties take part in election?
What party forms the Government?
What body represents the executive branch of power?
Who is the head of the Government?
Who becomes the Prime Minister?
What are the functions of the Prime Minister?
What is the aim of judicial institutions?
What are the jurisdictions of English court system?
What kinds of cases do Magistrates’ courts consider?
What kinds of cases does the Crown Court try?
What is the jury?
What are the main civil courts in England and Wales?
What is the function of the Court of Appeal?
When was the Supreme Court of the United Kingdom organized?
Are there any special courts in Britain?
Topic 2
The us government and the us court system
By the Constitution of 1787 and the amendments to it the government of the USA is composed of three branches: the executive one, the legislative one and the judicial one.
The highest executive power in the US is vested in the President, who is elected for a term of 4 years. The President of the USA must be a native-born citizen, resident in the country for 14 years and at least 35 years old. The Presidential election is held every four years in November. Anyone who is an American citizen, at least 18 years of age and is registered to vote may vote.
The duties and powers of the President are the following: the President is the Commander-in-Chief of the armed forces, he carries out the programmes of the Government, recommends much of the legislation to the Congress, appoints Federal Judges, ambassadors to other countries and heads of various government departments called secretaries, who form the Cabinet. There are a number of executive departments: of State, Treasury, Defence, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Resources, Housing and Urban Development, Transportation, Energy and Education.
The legislative power belongs to the Congress of the US consisting of two chambers: the Senate and the House of Representatives. The Senate is composed of two members from each state (100 in a whole) elected for a term of 6 years, one third is elected every two years. The head of the Senate is the Vice-President who is elected for four years.
The number of representatives from all states to the House of Representatives is 435, it depends on the number of people in each particular state. They are elected every two years. The head of the House is the Speaker. The Congress makes all laws. Besides the legislative function the Congress is entrusted with the power of ratifying or rejecting all treaties made by the President, declaring war, constituting tribunals inferior to the Supreme Court, deciding upon taxes, etc.
Three branches of government are separate from each other, but the powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the others. This must keep any branch from gaining too much power or from misusing its powers. This system is called “checks and balances”. For example, the Congress has the power to make laws, but the President may veto any act of the Congress. The Congress, in its turn, can override a veto by a two-thirds vote in each house. The courts have the power to determine the constitutionality of all acts of the Congress and of Presidential actions and to strike down those they find unconstitutional.
The judicial system of the United States is of two kinds. It consists of the Federal Courts deriving their powers from Congress, and the Courts of the 50 states provided by the legislatures of the States. Individuals can sue or be sued in either system. In some instances both federal and state courts have jurisdiction, a situation known as concurrent jurisdiction.
The Federal Courts deal with three types of law: civil law, criminal law and constitutional law. The Federal Courts at present are 91 Federal District Courts, 13 Courts of Appeals, a number of special courts and the Supreme Court of the USA. The judges of the Federal Courts are appointed by the President with the consent of the Senate for life.
At the lowest level are the District Courts with 550 judges. District Courts have original jurisdiction but may also receive appeals from state courts if constitutional questions are involved. Each state has at least one district court; a few have as many as four. There are 13 Courts of Appeals in the US. Each judicial circuit comprises several states. A Court of Appeals consists of three or more judges. The Courts of Appeals are given only appellate jurisdiction.
The Supreme Court is the highest tribunal in the United States. It includes a Chief Justice and eight associate justices. The justices of the Supreme Court can only be removed by impeachment. The Supreme Court of the US is the final judge of the validity of all laws passed by Congress or by the legislature of each of the 50 States. Under the Constitution the Supreme Court has original jurisdiction (as the court of the first instance) in cases affecting representatives of foreign governments and cases in which a state is a party. In all other cases the Supreme Court’s jurisdiction is only appellate. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions.
State courts deal with two general types of legal disputes: civil and criminal cases. State court system usually includes three types of courts: minor courts, general trial courts and appellate courts. Minor courts are also known as courts of limited jurisdiction, local trial courts and inferior courts. Their jurisdiction is limited to civil cases dealing with money matters involving less than $1,000. Minor courts also try criminal cases in which the jail sentence is less than one year. Minor courts are presided over by a justice of the peace, who performs marriages, handles minor civil and criminal cases and legalizes documents.
General trial courts may hear any type of cases. Cases involving serious crimes like murder, arson and robbery, are heard in these courts. Appellate courts are above general trial courts. These courts review cases that a lower court has already decided. Each State has a court of last resort, which hears and determines all questions of law and equity on appeal from the trial courts. The highest court in most of the states is named the Supreme Court. State judges are elected in a popular election or appointed by the governor of the state.