English system of law

There are three separate systems of law in the United Kingdom: the legal systems and law courts of 1. England and Wales; 2. Scotland; 3. Northern Ireland. However, there are some common features to all systems in the United Kingdom; the sources of law, the distinction between civil and criminal law. The sources of law include precedent: 1. written law (i.e. statutes); 2. unwritten law (i.e. Common law and Equity) based on judicial precedent. We also call the common law as “case law” or “judgemade” law. It means that when one judge had decided a point of law, any judge who has the similar set of facts must decide case in the same way as in the earlier judgement. In the other words, the judge used the process of analogy. And it is in this way that the generations of judges have built up Common law. The structure of courts in England and Wales looks like this.

HOUSE OF LORDS

COURT OF APPEAL COURT OF APPEAL

CRIMINAL CIVIL DIVISION

CROWN COURT HIGH COURT

Judge 1-3 Judge

2 Magistrates COUNTY COURT

Jury Judge and Jury

MAGISTRATES’ COURT MAGISTRATES’ COURT

3 Magistrates or 3 Magistrates

1 Stipendiary Magistrate

It is the Magistrates’ Courts (sometimes called police courts) that try the majority of all criminal cases and some civil cases. Magistrates’ courts are presided over by lay magistrates (also called justices of the peace ) who work part-time and are unpaid. The courts consist of between 2 and 7 magistrates. In a few large cities there are stipendiary magistrates who sit alone and have legal training. County courts are the main civil courts and the Crown Court deals with all the more serious criminal cases. It also hears appeals from Magistrate’s courts. The accused has the right to trial by jury. There is the Central Criminal Court in London. The High Court hears all those civil cases that cannot be decided by county courts. The Court of Appeal hears both criminal and civil appeals and the House of Lords is the final appellate tribunal. The judges in the House of Lords is the ten “Lords of Appeal in Ordinary” (Adopted from Зеликман А. Я.. 2001, с. 218).

Ex. 3. Translate the following words and word combinations into Ukrainian.

Legal system, separate system, system of law, law court, sources of law, civil law, criminal law, written law, unwritten law, common law, case law, the magistrates’ Court, try a case, lay magistrates, judge made law, the accused, appeal, final tribunal

Ex. 4. Give English equivalents of the following words and word combinations:

Загальні риси, різниця між, судовий прецедент, працювати за сумісництвом, безкоштовно, оплачуваний мировий суддя, юридична освіта, графський суд, Королівський суд, кримінальна справа, оскарження, цивільна справа, апеляційний суд, мировий (магістратський) суд, мировий суддя, палата лордів, Вищий Суд, Центральний Кримінальний суд, вирішувати справи, судове рішення, розглядати апеляції по кримінальним та цивільним справам, джерела права, суд присяжних, судовий процес.

Ex. 5. Match English and Ukrainian equivalents:

legal system written law try a case decide a point of law earlier judgement generations of judges similar set of facts build up be presided over justices of the peace

мирові судді створити покоління суддів писане право бути очолюваним розглядати справу попереднє судове рішення винести рішення правова система подібні факти

Ex. 6. Read and translate the sentences from the text in which the following words are used:

separate systems of law, sources of law, judge-made law, decide a case, use the process of analogy, police courts, sit alone, crown court, the right to trial by jury, the final appellate tribunal.

Ex. 7. Answer the following questions:

1. How many systems of law are there in the United Kingdom? What are they?

2. What are the common features to legal systems in the UK?

3. What kind of law do the sources of law include?

4. What does the common law mean?

5. Where are the majority of criminal and civil cases tried?

6. By whom are Magistrate’s courts presided over?

7. How many magistrates do the courts consist of?

8. What are the main civil courts?

9. What does the Crown Court deal with?

10. What right does the accused have?

11. Where is the Central Criminal Court?

12. What cases does the High Court hear?

13. What cases does the Court of Appeal hear?

14. What is the final appellate tribunal?

15. Whom do we call «Law lords»?

Ex. 8. Complete the following sentences:

1. The United Kingdom has three separate systems…

2. The sources of law include…

3. The judge uses the process of…

4. The Magistrates’ Courts try the majority of…

5. Lay magistrates work part-time and are…

6. Stipendiary magistrates sit alone and have…

7. County Courts are…

8. The Crown Court deals with…

9. The High Court hears…

10. The Court of Appeal hears both…

11. The House of Lords is…

12. The “law lords” are…

13. The Old Bailey is …

Ex. 9. Read and translate the text «Judiciary»

Criminal Proceeding. There are two courts of trial and two courts of appeal for criminal proceedings in England, Wales and Northern Ireland. The courts of trial are the Magistrates’Court and the Crown Court, and the courts of appeal are the Court of Appeal and the House of Lords.

The Magistrates’Court. The most common type of law court in England and Wales is the Magistrates’Court. The Magistrates ‘Court is the lower court of trial. It deals with summary offences. More serious criminal cases (indictable offences) then go to the Crown Court. Civil cases are dealt with in County courts.

Magistrates’Courts have limited powers of penalty but may commit a convicted offender to the Crown Court if it is considered that the powers of the Magistrates’Court are insufficient. Approximately 95% of all prosecutions are dealt with in the Magistrates’Court.

Juvenile Courts are composed of specially trained magistrates. They try most charges against children and young persons under the age of 18 years.

The Crown Court. The Crown Court is the senior court of trial for criminal offences. The courts are established at various centres throughout the country. The courts are presided over by either a High Court Judge, Circuit, Judge or Recorder who sits with a jury. The Crown Court for the City of London is the Central Criminal Court, also known as the Old Bailey.

The Crown Court may also hear appeals against conviction and/or sentence for some offences dealt with at the Magistrates’Court.

The Court of Appeal. The Court of Appeal hears appeals from criminal cases heard in the Crown Courts.

Civil Proceedings. Civil proceedings consist of litigation about property, family matters and actions to obtain financial redress for damage to property and personal injury. The courts of trial for such litigation are the County Court and the High Court of Justice.

County courts are local courts and are presided by a single Judge. The High Court of Justice is situated in London. Some cases before the High Court of Justice may be heard before a jury (Adopted from Афендікова Л. А., 1998, с.41).