- •The american legal system
- •Vocabulary
- •Unit 1 Part 2. Jurisdiction and Systems of Courts
- •Vocabulary
- •Where Do Court Cases Come From?
- •Match the terms on the left (1-7) with their definitions on the right (a-g).
- •Complete the sentences using the terms from exercise 4(a).
- •Match the terms on the left (1-9) with their definitions on the right (a-I).
- •Complete the sentences using the terms from exercise 5 (a).
- •Compare the sentences. What meaning do the underlined grammatical structures have? Translate the sentences.
- •Compare the sentences. What meaning do the underlined grammatical structures have? Translate the sentences.
Complete the sentences using the terms from exercise 5 (a).
______________ has been applied to certain activities in tort, such as holding an employer absolutely liable for the torts of her employees, but today it is most commonly associated with defectively manufactured products
______________ developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, ____________ was not upheld in England, but did become incorporated in the Constitution of the United States.
In the ____________, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence.
The United States Constitution provides _______________ on the criminal justice system to protect the rights of citizens. The Fifth Amendment to the Constitution provides liberties to American citizens to prevent abuse from the legal system.
Proposals are currently under consideration to transfer contractual disputes arising out of the employment relationship from the civil courts to the industrial tribunals, but no __________ has yet been implemented to secure this.
From January 1991 divorced women would have the right to a share in family property, and ______________ would be decided by the courts instead of automatically being granted to the father.
Heber's ____________ was just outside Colorado Springs, though he was paid for ‘full-time’ duties in Madison, Wisconsin.
The subject-matter is much more closely related to the actual business of judicial decision-making and so to the ideology and practice of particular systems of ____________.
Exercise 6. Complete the text using the words in the box.
Article III court; governments; Congress; the U.S. District Courts; limited jurisdiction; the highest state courts; constitutions; jurisdiction; appointed for life; the U.S. Supreme Court; general jurisdiction; |
Both the federal and state 1___________ need their own court systems to apply and interpret their laws. Furthermore, both the federal and state 2____________attempt to do this by specifically spelling out the 3____________of their respective court systems.
The term federal court can actually refer to one of two types of courts. The first type of court is what is known as an 4___________. These courts get their name from the fact that they derive their power from Article III of the Constitution. These courts include (1) 5____________, (2) the U.S. Circuit Courts of Appeal, and (3) 6____________. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. The second type of court is established by 7____________. These courts are (1) magistrate courts, (2) bankruptcy courts, (3) the U.S. Court of Military Appeals, (4) the U.S. Tax Court, and (5) the U.S. Court of Veterans' Appeals.
No two state court systems are exactly alike. Nevertheless, there are sufficient similarities to provide an example of what a typical state court system looks like. Most state court systems are made up of (1) two sets of trial courts: (a) trial courts of 8 _____________(probate, family, traffic, etc.) and (b) trial courts of 9____________(main trial-level courts); (2) intermediate appellate courts (in many, but not all, states); and (3) 10 ________________(called by various names). Unlike federal judges, most state court judges are not 11_____________but are either elected or appointed (or a combination of both) for a certain number of years.
Exercise 7.
(A) Complete this table by filling in the correct verb or noun forms of the words listed.
Verb |
Noun |
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collision |
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provision |
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limitation |
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legislation |
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requirement |
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adjudication |
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(B) Complete the sentences using appropriate verbs and nouns from the table in Exercise 7(A) according to the model. Translate the sentences.
Model: Indeed Parliament has legislated on matters affecting every aspect of our lives. - As I have said, the European Community has failed to produce the legislation under which we could do that
In this situation the domestic court has the option either to _________ upon the dispute or to suspend the proceedings. - The point to make here is that the logic of adversary ___________ is that the decision of the court should be based on the case put to it by the parties in dispute.
The requested authority is required by Article 10 to apply the same measures of ___________ against an unwilling witness as it would do under its internal law in local proceedings. - He is given an opportunity to do so, and if he does not, he is subject to sanctions by the court to __________ him to do so.
Do not provide too much detailed information; do not disclose medical reports; do not indicate the financial status of the client or his or her willingness and ability to ________. - Ambulance crews have been warned by their unions to keep a dossier of all delays because of the risk of _________ and possible disciplinary action.
The third stage would begin in early 1992 when the newly elected Assembly would meet to "_________ supplements to the Constitution". - Whether any further legislation is necessary in view of the __________ of the Public Order Act 1986 is a matter that needs to be considered afresh
On June 19 the council of the nationalist movement passed a _________ urging the Supreme Council to reject the moratorium proposal. - Thus there was fundamental disagreement on what steps should be taken to _________ the problem.
Exercise 8. Complete the sentences with prepositions. Translate the sentences.
The first steps ____ initiating litigation are to recognize that there is a problem and that the problem is potentially subject ____ legal resolution.
They knew, as we all do, that there is a legal remedy ____ injuring someone else ___ driving carelessly.
Subject matter jurisdiction empowers a court to hear the kind ___ case ___ issue, and personal jurisdiction permits the court to exercise authority ____ the parties ____ the dispute.
The framers ____ the Constitution and the Congress that enacted enabling legislation had two reasons ____ establishing federal courts.
Every state also has courts ____ limited jurisdiction, such as a family court, whose subject matter jurisdiction is limited ____ divorce and child custody issues, a probate court, ____ jurisdiction limited ____ inheritance matters, and a small claims court, which only has jurisdiction ____ cases involving relatively small dollar amounts.
____ the state courts, jurisdiction ____ the kind ____ case (subject matter jurisdiction) is usually easy, because the trial courts have general jurisdiction ____ most kinds ___ cases, but jurisdiction ____ the defendant (personal jurisdiction) is subject ___ the constitutional limitation ____ sufficient contacts ___ the state such that it is fair to assert authority ____ the defendant.
Generally, a court applies its own rules ____ procedure, whatever substantive law applies ___ the case.
This issue falls ____ the area of law known as conflict ____ laws, and requires a choice between the law ____ competing jurisdictions.
Exercise 9. Read the sentences given below.
