- •190000, Санкт-Петербург, б.Морская ул., 67
- •Judicial Committee of the Privy Council
- •Supreme Court (formerly the House of Lords)
- •Crown Court
- •Magistrates’ Courts
- •Tribunals Service
- •4 Case Law
- •1 Constitutional Law
- •2 Statutory Law
- •3 Administrative Law
- •Text 2 An Overview of the Court System in the United States
- •Constitutional Rights Applying to Trials
- •Federal court system
- •Types of Courts
- •1 An Offer Must Be Intended to Create a Legal Obligation
- •2 An Offer Must Be Definite
- •3 An Offer Must be Communicated to the Offeree
- •1 An Offer Ends at the Time Stated in the Offer
- •2 If the Offer Does Not State How Long It Will Remain Open, It Terminates at the End of a Reasonable Length of Time
- •3 An Offer Ends If the Offeree Rejects It
- •4 An Offer Ends If the Offeree Makes a Counteroffer
- •5 An Offer Is Usually Ended If It Is Revoked or Modified by the Offerer Before the Offeree Has Accepted It
- •6 An Offer Is Terminated by the Death or Insanity of the Offerer or Offeree
- •1 An Acceptance Can Be Made Only by the Person(s) to Whom the Offer Was Made
- •2 The Acceptance Must Be Unconditional and Identical with the Offer
- •3 The Acceptance Must Be Communicated
- •1 Agreements That Obstruct Legal Procedures
- •6 Agreements That Are Unconscionable
- •7 Agreements to Pay Usurious Interest
- •8 Agreements That Involve Illegal Gambling, Wagers, and Lotteries
- •9 Agreements That Restrain Trade Unreasonably
- •1 Methods of Creation
- •2 Formality
- •3 Extent of performance
- •2 A Contract to Sell or a Sale of Any Interest in Real Property
- •3 A Contract That Cannot Be Performed Within One Year
- •4 A Contract to Pay a Debt or Answer for the Legal Obligation to Another Person
- •5 A Contract for Which the Consideration Is Marriage
- •6 A Contract by an Executor or Administrator to Be Personally Liable for Claims Against the Estate of a Deceased Person
- •1 The Writing Is to Be Considered as a Single, Whole Document
- •2 Where a Printed Form Is Used, Added Typed Provisions Will Prevail over Contradictory Printed Provisions, and Added Handwritten Ones Will Prevail over both Printed and Typed Ones
- •3 If Words and Figures Are Inconsistent, the Words Will Prevail
- •1 The False Representation or Concealment of a Present or Past Fact Must Be Deliberate
- •2 The Misrepresented or Concealed Fact Must Be Material
- •3 The Person Who Makes the False Representation Must Know It to Be False or Make It Recklessly without Regard to Its Truth
- •4 The Misrepresentation Must Be Made with the Intention of Influencing the Other Person to Act upon It
- •1 By agreement
- •2 By Impossibility of Performance
- •3 By Operation of Law
- •1 The Injured Party Has the Right of Rescission
- •2 The Injured Party May Have the Right of Cancellation
- •3 The Injured Party May Compel Specific Performance or Get an Injunction
- •1 Cash-and Carry Sales
- •2 Sales on Credit
- •3 Cod Sale
- •4 Sale or Return
- •5 Sale on Approval (Try &Buy)
- •6 Auctions
- •1 Laws Allowing Secured Debts
- •2 Laws Allowing Garnishment of Wages
- •1 Laws Setting Maximum Interest Rates
- •2 Laws Requiring Clear and Complete Disclosure of Loan Terms
- •1 When the Creditor Retains Possession of the Collateral
- •2 When the Debtor Retains Possession of the Collateral
- •1 Drafts
- •2 Cheques
- •3 Promissory Notes
- •4 Certificates of Deposit
- •Список использованной литературы
- •Информационные ресурсы
- •Contents
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is the court of final appeal for Commonwealth countries that have retained appeals to either Her Majesty in Council or to the Judicial Committee. It is also the court of final appeal for the High Court of Justiciary in Scotland for issues related to devolution. Some functions of the Judicial Committee were taken over by the new Supreme Court in 2009.
Supreme Court (formerly the House of Lords)
In 2009 the Supreme Court replaced the House of Lords as the highest court in England, Wales and Northern Ireland. As with the House of Lords, the Supreme Court hears appeals from the Court of Appeal and the High Court (only in exceptional circumstances). It also hears appeals from the Inner House of the Court of Session in Scotland. Appeals are normally heard by 5 Justices (formerly Lords of Appeal in Ordinary, or Law Lords), but there can be as many as 9.
Court of Appeal
The Court of Appeal consists of 2 divisions, the Criminal Division and the Civil Decision. Decisions of the Court of Appeal may be appealed to the Supreme Court (formerly the House of Lords).
Civil Division
The Civil Division of the Court of Appeal hears appeals concerning civil law and family justice from the High Court, from Tribunals, and certain cases from the County Courts.
Criminal Division
The Criminal Division of the Court of Appeal hears appeals from the Crown Court.
High Court
The High Court consists of 3 divisions, the Chancery Division, the Family Division, and the Queen’s Bench Division. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal.
Chancery Division: Companies Court
The Companies Court of the Chancery Division deals with cases concerning commercial fraud, business disputes, insolvency, company management, and disqualification of directors.
Chancery Division: Divisional Court
The Divisional Court of the Chancery Division deals with cases concerning equity, trusts, contentious probate, tax partnerships, bankruptcy and land.
Chancery Division: Patents Court
The Patents Court of the Chancery Division deals with cases concerning intellectual property, copyright, patents and trademarks, including passing off.
Family Division: Divisional Court
The Divisional Court of the Family Division deals with all matrimonial matters, including custody of children, parentage, adoption, family homes, domestic violence, separation, annulment, divorce and medical treatment declarations, and with uncontested probate matters.
Queen’s Bench Division: Administrative Court
The Administrative Court of the Queen’s Bench Division hears judicial reviews, statutory appeals and application, application for habeas corpus, and applications under the Drug Trafficking Act 1984 and the Criminal Justice Act 1988. It also oversees the legality of decisions and actions of inferior courts and tribunals, local authorities, Ministers of the Crown, and other public bodies and officials.
Queen’s Bench Division: Admiralty Court
The Admiralty Court of the Queen’s Bench Division deals with shipping and maritime disputes, including collisions, salvage, carriage of cargo, limitation, and mortgage disputes. The Court can arrest vessels and cargoes and sell them within the jurisdiction of England and Wales.
Queen’s Bench Division: Commercial Court
The Commercial Court of the Queen’s Bench Division deals with cases arising from national and international business disputes, including international trade, banking, commodities, and arbitration disputes.
Queen’s Bench Division: Mercantile Court
The Mercantile Court of the Queen’s Bench Division deals with national and international business disputes that involve claims of lesser value and complexity than those heard by the Commercial Court.
Queen’s Bench Division: Technology and Construction Court
The Technology and Construction Court of the Queen’s Bench Division is a specialist court that deals principally with technology and construction disputes that involve issues or questions which are technically complex, and with cases where a trial by a specialist TCC judge is desirable.
County Courts
The County Courts deal with all except the most complicated and the most simple civil cases (including most matters under the value of £5000), such as claims for repayment of debts, breach of contract involving goods or property, personal injury, family issues (including adoption and divorce), housing issues (including recovery of mortgage and rent arrears, and re-possession), and enforcement of previous County Court judgments. Cases are heard by a judge, without a jury. Decisions of the County Courts may be appealed to the appropriate Division of the High Court.