LECTURE IITHE BRITISH AND AMERICAN COURT SYSTEMS

THE UK SYSTEM OF GOVERNMENT

When speaking of the UK system of government we have to speak about the relationship between the main state organs, namely the legislature, the executive and the monarchy.

The Monarchy

The monarchy is the most ancient secular institutions in the UK. Its history stretches back more than a 1000 years. The monarchy is hereditary. The monarch is an integral part of the legislature, head of the judiciary, commander-in-chief of the armed forces of the Crown and the temporal head of the established Church of England (Queen Elizabeth II, succeeded to the throne in 1952). Nowadays, the British monarchy is a constitutional or limited monarchy. The monarch or the Crown (the monarch and his/her government) symbolize the whole might and unity of the State, but for practical reasons, the monarch is powerless. The business of government is carried out by the ministers, even if it is done in the monarch’s name. The monarch (His/Her Majesty) acts only upon the ‘advice’ of the ministers. The idea is that the monarch reigns but does not rule. Therefore the duties of the monarch are for the most part ceremonial and are part of what is called the Royal Prerogative:

1. makes State visits abroad2. signs documents3. confers honours4. receives foreign ambassadors5. summons, prorogues (dismisses at the end of a session) and dissolves Parliament6. opens new sessions of Parliament with a speech from the throne in which the major

governmental policies are outlined7. must give the Royal Assent before a Bill can become a legal enactment8. the monarch’s consent and approval is required before a Cabinet can be formed and

a minister take up office.9. the monarch has the power to sign international agreements, to cede or recede

territory and to declare war or make peace10.makes appointments to all important offices of state, including judges, officers in the

armed forces, diplomats and the leading positions in the Church of England11.as the monarch is considered the “fountain of justice”, he/she is the only one able to

remit all or part of the penalties imposed upon persons convicted of crimes through the exercise of the prerogative of mercy on the advice of the appropriate minister.

The succession to the throne is regulated by the Act of Settlement (1700). According to this Act the throne passes to the eldest son, and, if there is no son, to the eldest daughter. Roman Catholics and those who marry Roman Catholics are barred from succession, in other words the monarch can only be Protestant. No descendant of the monarch can marry without the Sovereign’s format assent. A monarch is deemed to have attained majority at 18 years of age. Should he succeed to the throne, the person next entitled in line of succession who has turned 21 will become Regent. The monarch and the Royal family are provided with money to cover their personal expenses (the Civil List). At the beginning of each reign a Civil List Act is passed. The monarch has private property, but the “Crown land” are not the monarch’s property. They belong to the Crown in its public capacity, namely the State. In his private capacity the monarch cannot be sued in tort.

The Legislature

The parliament is the legislative body and is constitutionally composed of the Monarch, the House of Lords and the House of Commons.

The composition of Parliament

Parliament is composed of two Houses – the House of Lords and the House of Commons.

The House of Lords The members are the Lords Spiritual and the Lords Temporal. The Lords Spiritual

are the 26 Archbishops and 21 other diocesan bishops, who are entitled to seats according to seniority of appointment

The Lords Temporal include the peers and peeresses in their own right of the UK and Scotland as well as the Law Lords

The temporal peerage is either hereditary or for life. What does life peerage mean? It means that the monarch can confer life peerage by letters patent, and appointment to a life peerage carries with it a right to attend the House of Lords and to sit and vote within. What about hereditary peerage? It means that the seat in the House of Lords is inherited. Nevertheless, nowadays, hereditary peers and peeresses can disclaim their peerage within 12 months of succeeding to the title. Disclaimer is irrevocable. By the disclaimer, peers and peeresses make themselves eligible for the House of Commons. During the life of a disclaimant, the title is not passed to the next in line, but is left in abeyance.

The House of Commons The members are elected representatives of the nation by secret ballot according to

the electoral law. Elections are based on the principle of universal suffrage. To be able to exercise his/her vote a person should be aged 18 or more, should not

be subject to any disqualification, should register in an electoral register upon residence in a particular constituency on a ‘qualifying date’ (10 October).

To be elected to the House of Commons (MP – Member of Parliament), a person must be 21 or over and not otherwise disqualified (member of the House of Lords, clergy of the established Church of England and Scotland, Roman Catholic clergy, all Episcopal ordained priests and deacons, undischarged bankrupts, offenders convicted indefinitely or for more than one year, whether detained or unlawfully at large, civil servants (as, by definition, and in essence, civil service is a non-political and permanent institution, holders of judicial office, members of the regular armed forces and the police forces)

MPs are paid a salary and an allowance for secretarial and office expenses After a parliament is dissolved all seats in the House of Commons are subject to

General Elections. If there is a vacancy during the life of a Parliament (an MP dies, is elevated to the House of Lords, accepts an “office of profit” under the Crown), by-elections are organized.

The House of Commons has a Speaker elected by the MPs to preside over the House immediately after a new parliament is formed. He is an impartial arbiter over parliament procedure and the guardian of the rights and privileges of the House of Commons

The functions of Parliament Two original functions: (i) no public money can be spent without the sanction of

Parliament, (ii) the legislative function Theoretically, it is the watch-dog of the nation, it has the power and the duty to

control the government, as a result of the principle of “Responsible Government”. According to this principle, the government must command a majority in the House of Commons, and, if it fails to do so, must resign or seek a dissolution. Therefore, in theory, the government can only continue in office as long as it retains the goodwill

of the House. But in practice this ultimate control function is seldom exercised. The government usually represents a single party, so MPs will seldom vote against the government. Thus, parliament seldom exercises its power of control directly, but exercises it indirectly in at least two ways: (i) the doings of ministers and departments are subject to the daily “question time” in the House of Commons where any unsatisfactory answer may be made public by the Press and have a material effect on the popularity of the government and the career of a politician, (ii) debates, whether in the Commons or in the Lords, may show weaknesses in the administration. Debates are published and a summary is transmitted to the nation by the media.

The Executive

The Central executive is divided into 3 main groups of institutions: (i) the Privy Council, (ii) the Ministry, (iii) the Departments of State. Nowadays a new category of institutions should be added namely “government agencies”.

The Privy Council A formal body which gives legal sanction, by Order of Council or Royal Proclamation to government policies.

The responsible head of the Privy Council is a minister called the Lord President of the Council, but the monarch still attends its meetings, including meetings to approve Orders o Council

The office of privy Councillor is mainly honorary now. It entitles the councilor to use the title “Right Honorable”. The cabinet ministers and the Lord Justices of Appeal are always members of the Privy Council.

The ministry The government of the day The head is the Prime Minister (normally the leader of the political party which

commands a majority in the House of Commons). Upon accepting the office of Prime Minister, his first duty is to form a government,

that is to select a suitable cabinet or ministry The cabinet is the nucleus of the government. It is usually made up of the 20 of the

principal ministers. The main function of the Cabinet is to determine, control and integrate the policies

of the government for submission to Parliament Much of the work of the Cabinet is prepared by ‘committees’, be they committees

consisting of ministers or other high officials and is assisted in its work by a Cabinet Secretariat under the control of the Secretary of the Cabinet.

The Cabinet is responsible to Parliament (collective responsibility) because the cabinet makes decisions as a whole, collectively.

Ministers are also responsible individually, especially the ministers who are not members of the Cabinet. These ministers are the political heads of important government agencies and also members of one or the other of the Houses of Parliament. As members of Parliament, they are individually responsible to Parliament both (i) in the sense that they are deemed to speak and act for the government on all matters of policy within the province of their duties and (ii) in the sense that they must be prepared to answer for the acts of their department and other subordinates.

Most ministers are members of the Commons rather than of the Lords (for instance the Home Secretary). Necessarily some ministers must be in the Lords, partly because there is a statutory limit to the numbers of ministers who may be in the Commons and partly because every government must have some responsible spokesmen in the Upper House.

The current Cabinet1. PrimeMinister; First Lord of the Treasury; Minister for the Civil Service2. Chancellor of the Exchequer3. Secretary of State for Foreign and Commonwealth Affairs4. Secretary of State for Justice, Lord Chancellor5. Secretary of State for the Home Department6. Secretary of State for Defence7. Secretary of State for Health8. Secretary of State for Environment, Food and Rural Affairs9. Secretary of State for International Development10.Secretary of State for Business, Enterprise and Regulatory Reform11.Leader of the House of Commons, Lord Privy Seal, Minister for Women and

Equalities12. Secretary of State for Work and Pensions13.Secretary of State for Transport14.Secretary of State for Communities and Local Government15.Secretary of State for Children, Schools and Families16.Secretary of State for Energy and Climate Change17.Secretary of State for Culture, Media and Sport18.Secretary of State for Northern Ireland19.Leader of the House of Lords, Lord President of the Council20. Chief Secretary to the Treasury 21. Secretary of State for Innovation, Universities and Skills22.Secretary of State for Wales23.Secretary of State for Scotland

Also attend Cabinet meetings 24. Parliamentary Secretary to the Treasury, Chief Whip of House of Commons 25. Minister for the Cabinet Office, Chancellor of the Duchy of Lancaster 26. Minister for Housing 27. Minister for Employment, Minister for London 28. Minister for Africa, Asia and the United Nations 29. Minister for Science and Innovation

Also attending Cabinet meetings when Ministerial responsibilities are on the agenda 30.Minister for the Olympics, Paymaster General 31. Attorney General 32. Minister for Europe 33. Minister for Children, Young People and Families

The government departments The departments form the real executive organs of the central government, for

they, with their staffs of civil servants (permanent officials) implement the policy of the government. Each department is headed by a senior civil servant called a Permanent Secretary

The Treasury is the finance department of the State. It is subordinate only to Parliament, it controls the economy of the nation. All other departmental estimates must be submitted for Treasury approval before being laid before Parliament.

Ministerial Departments are led politically by a Government Minister, normally a member of the Cabinet and cover matters that require direct political oversight. For most Departments, the Government Minister in question is known as a Secretary of State and is a member of the Cabinet. He or she is generally supported by a team of junior Ministers. The administrative management of the

Department is led by a senior civil servant known as a Permanent Secretary. Subordinate to these Ministerial Departments are executive agencies. An Executive Agency has a degree of autonomy to perform an operational function and report to one or more specific Government Departments, which will set the funding and strategic policy for the Agency. At 'arm's length' from a parent or sponsor Department there can be a number of Non-Departmental Public Bodies (NDPBs), known colloquially as QUANGOs.

Non-ministerial departments generally cover matters for which direct political oversight is judged unnecessary or inappropriate. They are headed by senior civil servants. Some fulfill a regulatory or inspection function, and their status is therefore intended to protect them from political interference. Some are headed by Permanent Secretaries or Second Permanent Secretaries.

Ministerial Departments Attorney General's Office (see also LSLO) Cabinet Office (CO) (cancelaria Primului Ministru) Communities and Local Government (CLG) Department for Business, Enterprise and Regulatory Reform (BERR) Department for Children, Schools and Families (DCSF) Department for Culture, Media and Sport (DCMS) Department of Energy and Climate Change (DECC) Department for Environment, Food and Rural Affairs (DEFRA) Department for Innovation, Universities and Skills (DIUS) Department for International Development (DfID) Department for Transport (DfT) Department for Work and Pensions (DWP) Department of Health (DH) Foreign and Commonwealth Office (FCO) Her Majesty’s Treasury (HMT) Home Office (HO) Ministry of Defence (MoD) Ministry of Justice (MoJ) Scotland Office (SO) Wales Office (WO) Northern Ireland Office (NIO) Office of the Leader of the House of Commons

Non-Ministerial Departments Charity Commission for England and Wales Commissioners for the Reduction of the National Debt (CRND) Crown Estate (CE) (domeniul Coroanei) Crown Prosecution Service (CPS) Export Credits Guarantee Department ECGD Food Standards Agency Forestry Commission Government Actuary's Department (GAD) HM Revenue and Customs (HMRC) National School of Government (NSG) Office for Standards in Education (OFSTED) Office of Fair Trading (OFT) Office of Gas and Electricity Markets/Gas and Electricity Markets Authority

(OFGEM) Office of Rail Regulation (ORR) Parliamentary Counsel Office (PCO) Postal Services Commission (Postcomm)

Public Works Loan Board (PWLB) Revenue and Customs Prosecutions Office (RCPO) Serious Fraud Office (SFO) UK Statistics Authority UK Trade & Investment (UKTI) Water Services Regulation Authority (Ofwat)

The government agencies An important tendency is to devolve large areas of public activities upon

government agencies, usually in the form of public corporations. An executive agency, also known as a next-step agency, is a part of a

government department that is treated as managerially and budgetarily separate in order to carry out some part of the executive functions of the United Kingdom government. Executive agencies are "machinery of government" devices distinct both from non-ministerial government departments and non-departmental public bodies (or "quangos"), each of which enjoy a real legal and constitutional separation from ministerial control.

Agencies range from Her Majesty's Prison Service to the Driver and Vehicle Licensing Agency. The largest agency in terms of staff numbers is Jobcentre Plus, employing 100,000 people. The annual budget for each agency, allocated by Her Majesty's Treasury ranges from a few million pounds for the smallest agencies to £700m for the Court Service to £4bn for Jobcentre Plus. Virtually all government departments have at least one agency. The Ministry of Defence has 36, the most of any department.

THE ENGLISH COURTS

Although there are courts specialized in criminal cases or civil cases, most courts actually hear both. English courts are classed as either superior or inferior. The jurisdiction of the superior courts is not limited to a specific geographical area or to the value of the claim being brought. The jurisdiction of the inferior courts is limited in this way. The distinction between superior and inferior is also important, as the decision of a superior court is binding, in other words, the lower courts must follow the decisions of the higher courts.

THE CIVIL COURTS

The House of Lords

At the top of the hierarchy of the courts stands the House of Lords. It is the ultimate court of appeal in civil and criminal matters. What we now call the House of Lords originates in the medieval King’s Court (Curia Regia). It was the body which exercised all the powers of the government, including judicial functions. Later on, when Parliament became established, and the King’s Court became the Upper House of Parliament, it retained its judicial powers. Technically speaking, the House of Lords as court is a committee of the House of Lords as Upper Chamber and it is separate from the Chamber. In this sense, the House of Lords is the highest court in the land. It was created by the Appellate Jurisdiction Act 1876 and it consists of a number of between 9 and 12 life peers (Lords of Appeal in Ordinary) who have exercised judicial functions in the past. The Lords of Appeal in Ordinary may also be appointed from eminent barristers. It is presided by the Lord Chancellor. Fro the court to sit, a quorum of 3 is necessary.

In civil matters, the House of Lords hears appeals from the civil divisions of the Courts of appeal in Scotland, Northern Ireland and England. There is no right of appeal, for a litigant to appeal the House of Lords he must get leave of the Court of Appeal or the House of Lords. In 1969 a new form of appeal was created in civil actions, direct from the High Court to the House of Lords, “leap-frogging” the Court of Appeal. The “leap-frog” procedure is possible only if:

1. the trial judge grants a certificate of appeal2. the decision involves a point of law of general public importance3. this point of law is related to the construction of a statute or is one for which the

judge is bound by a precedent from the Court of Appeal or the House of Lords

The Court of Appeal

It is composed of the Lord Chancellor, the Lord Chief Justice, the Master of the Rolls and the President of the Family Division and 28 Lords Justices of Appeal. Normally, in civil cases, only the Master of the Rolls (acting as President) and the Lords Justices of Appeal sit. The quorum is 3. The Court of Appeal may uphold, amend or reverse any decision of a lower court or may order a new trial. It hears civil appeals from the High Court, the County Courts and various tribunals.

The High Court of Justice

It is composed of three divisions:- the Queen’s Bench Division - the Family Division- the Chancery Division

The three divisions can try any civil action, but, for convenience each division is allocated specific matters. The High Court includes the presidents of the 3 divisions and 85 permanent judges who may sit in any division.

The Queen’s Bench Division (Camera tribunalului reginei)

it is composed of the Lord Chief Justice and some 44 permanent judges. It is primarily an original jurisdiction. This court is competent for cases which are not explicitly allocated to another division of the High Court – tort cases, breaches of contracts, actions for the recovery of the land, commercial cases and admiralty cases (collision of ships, prizes, salvage and towage at sea). There is no limit to the amount of damages which may be claimed in this Division.

It may also sit as an appellate jurisdiction (2-3 judges) to hear appeals from the Solicitors’ Disciplinary tribunal

It also exercises supervisory jurisdiction over inferior courts, tribunals and administrative authorities having judicial function

The Family Division

Is composed of a President and 16 permanent judges It deals mainly with divorces, separations, maintenance problems, guardianship of

minors, adoptions, problems of legitimacy It is normally an original jurisdiction and judges usually sit alone Sometimes, it may hear appeals on family matters from the magistrates’ courts and

county courts (2 or more judges)

The Chancery Division Is composed of the Lord Chancellor, who usually delegates his chairmanship to his

Vice-Chancellor and at least 4 permanent judges

It deals mainly with administration of estates of deceased persons, dissolution of partnerships, mortgages, trusts, dissolution and winding up of companies, taxation, partition and sale od real estate, specific performance of contracts, bankruptcy matters and contentious matters

It is normally an original jurisdiction (judge sits alone) May hear appeals from lower courts on problems of trusts or bankruptcy

The County Courts(tribunalul in prima instanta)

The county Courts were established to relieve the High Court of much of its work and to provide the plaintiffs with cheaper and faster local justice. There are 337 County Courts in England and Wales with about 125 circuit judges, who have charge of 2 or more courts each. Judges sit alone as the County Courts are original jurisdictions. The jurisdiction of these courts includes:

- actions on contract and tort (except defamation)- equity matters (trusts, mortgages)- actions for the recovery of land- winding up of companies when the sums of money involved do not exceed a certain

amount, fixed by statute- supervision of adoption of infants, etc- a limited divorce jurisdiction, for instance in undefended matrimonial cases - Appeals from the County Courts lie to the Court of Appeal.

The functions of the District Judge1. they are solicitors (at least 7 years standing)2. responsible for court administration3. have minor judicial powers

The Magistrates’ Court

These courts have limited civil jurisdiction for:- licensing- non-litigious divorces and separations - non-litigious guardianship of minors - orders in regard of children and young persons in need of protection- orders under the Mental Health Act 1959

THE CRIMINAL COURTS

The House of Lords

Its composition and working rules are the same for criminal cases as for civil cases. The House of lords hears appeals from the Criminal Division of the Court of Appeal and from the Divisional Court of the Queen’s Bench Division of the High Court. It will only hear appeals involving a point of law of general importance.

The Court of Appeal, Criminal Division

It is composed of the Lord Chief Justice, the Lords Justices of Appeal and judges from the Queen’s Bench Division of High Court. A quorum of 3 is necessary. It hears appeals from the Crown Court. It may dismiss the appeal or allow the appeal and quash the conviction ordered by the Crown court or it may order a new trial. In no case can the Court of Appeal increase the sentence passed by the lower court.

The Crown Court

It consists in the Central Criminal Court in London (Old Bailey) and 90 centers in the rest of England. It has both an original and an appellate jurisdiction. It judges indictable offences and offences triable either way for which the defendant has been committed by the magistrates for trail by the Crown Court. As a court of appeal, it hears appeals from the magistrates’ courts. The judges who sit in the Crown Court are High Court Judges, Circuit Judges and Recorders. All trials in the Crown Court involve the participation of a jury, composed of 10 to 12 judges.

The Divisional Court of the Queen’s Bench

It is composed of at least 2 judges of the Queen’s bench Division. It hears appeals from either magistrates’ courts or the Crown Court, but exclusively on point of law.

The Magistrates’ CourtThey date back to the 14th c, when the first justices of the peace were appointed. There are now 900 magistrates’ courts. There are two types of magistrates: (i) justices of the peace (lay magistrates) and (ii) stipendiary magistrates.

Lay magistrates – laymen appointed by the Lord Chancellor, local people, unpaid volunteers, work part-time. There now 27,000 lay magistrates in England and Wales. To judge a case 2 or more lay magistrates must sit. They are assisted by the clerk to the justice who is a lawyer to advise the magistrate on points of law and procedure. The clerk also performs the administrative work of the court.

Stipendiary magistrates – full-time paid magistrates appointed by the Lord Chancellor from among the barristers or solicitors of at least 7 years’ standing. They exercise judicial function in large urban centers where there are not enough lay magistrates to cope with all criminal cases. They may sit single.

The jurisdiction of the magistrates’ courts –it can work both as a trail court and as a court of preliminary investigation

- as a trial court – judges minor (petty) offenses triable summarily (without a jury) (drunkenness, begging in a public place, etc) and more serious offences which may be judged either by a magistrates’ court or the Crown Court. It can impose punishments not exceeding six months’ imprisonment or a fine of £ 1000.

- As a court of preliminary investigation – for indictable offences or for either way offences, after hearing the witnesses and examining the evidence, the magistrates must decide whether the prosecution has made out a prima facie case. If it has the accused is either remanded in custody or remanded on bail, depending on the seriousness of the case. If it has not, the accused must be released immediately.

THE AMERICAN COURTS

The US Constitution in its third Article provides that the judicial power be vested in a Supreme Court and inferior courts established by the Congress when the need arises. The Constitution also establishes two other principles: (i) judges in both types of courts remain in their positions and receive fixed compensations.

State CourtsEach state has its own judicial structure to settle most litigation.

1. at the very bottom – criminal courts dealing with misdemeanors (for instance municipal and traffic courts - violations of city ordinances, juvenile courts, probate courts – settle descendents’ estate, small-claims courts (less than $ 150o)

2. each county or district within a state has trial courts of general jurisdiction which also consider cases concerning disputes over business organizations, contracts, property or tort. One judge presides in most of these courts

3. appellate courts (courts of appeal) which review the decisions of the trial courts. Cases can be removed to them by appeal, certiorari (to ask for more information), error (because a material/substantive error has occurred) or report (as a result of a report). Three judges usually sit in these courts.

4. The last resort in a state is the State Supreme court.

Federal Courts

On the federal level, the judicial structure is much the same, but federal courts deal first and formost with cases involving a federal question (diversity of citizenship cases in disputes between citizens or corporations; civil cases involving more than $ 10,000).

1. District Courts (90) – the trial courts of the federal court system. They have the jurisdiction to hear nearly all categories of federal cases, both criminal and civil. Cases may be heard either by a single judge or a judge and as jury

2. US Courts of Appeal – spread throughout the USA. Such courts hear appeals from the district courts located within its circuit (geographical jurisdiction)

3. US Supreme Court – hears important questions concerning constitutional or federal law. There is no absolute right to be heard by the US Supreme Court. It hears only a limited number of cases that it is asked to decide. The US Supreme Court consists of a Chief Justice and 8 Associate Justices appointed by the President of the USA with the advice and consent of the Senate. The quorum is constituted of 6 justices. The Supreme Court has original jurisdiction over cases involving ambassadors, public ministers, counsels and a State, and appellate jurisdiction over cases decided by federal courts and cases decided over by state courts involving federal issues.

Civil cases

For a civil case to be judged, the litigant must have standing, that is the legal right to challenge the conduct of another person. The jurisdiction of the court means the power of the court to adjudicate. Venue refers to the proper place (state, federal court, etc) for the trial of a suit. Stages of the civil case:

1. pleading –- the plaintiff files first a complaint; a summons is issued on the party being sued. The defendant may file a motion to dismiss, which can be granted by the court if the court decides there is no ground to state a cause of action. If the complaint is upheld, the defendant files either an answer or a counterclaim.

2. discovery – each party to the litigation is allowed to discover the plans of the adverse litigant before the trial by various means – depositions (testimony under oath), interrogatory (written questions to be answered under oath), demand for production of documents.

3. pretrial conference – both parties may come to terms by resorting to alternative dispute resolution (negotiation, mediation, arbitration)

LEGAL ENGLISH WORKSHOP II (Applied Modern Languages MA Programme)Fall semester, 2010-2011Course instructor: Roxana-Cristina Petcu, PhD

I. Classify the terms below into the appropriate column, CIVIL or CRIMINAL. Two terms appear in both columns.

Compensation, contract, crime, damages. Family law, intellectual property, plaintiff, police, private individual, prosecution, the accused, the defendant, theft, to bring a case, to bring an action, to fine, to charge someone with something

II. Complete the following text by choosing from the terms above:One category is the criminal law – the law dealing with _______ . A case is called a _________ . The case is instituted by the prosecutor, who takes over the case from the ________ who have already decided _________ the defendant (or _________ ) with specified crimes. The civil law is much more wide-ranging. The Civil law includes the law of _________ and ________ ___________ . In a civil case, the _________ , normally a ____________ or company, ___________________ to win ___________ . If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ____________ (money).

III. Complete the description that refers to each English court. Use the terns below:

Court of Justice of the European Communities, House of Lords, Court of Appeal Criminal Division, Crown Court, Magistrates’ Court, Court of Appeal Civil Division, High Court, County Court

1. Claims of lesser value will start in a _____________. There are 250 of these around the country. They can also deal with divorce and bankruptcy matters. 2. Matters of important legal dispute arising in the Crown Court may be appealed to the ______________ . 3. From the Court of Appeal, there can be appeal to the _______________on fact or law, but usually appeal is only allowed on matters of legal importance. 4. If the case involves a serious crime, it is heard in the ____________ (there is only one _____________ but it has about 70 centers around the jurisdiction). 5. In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400 __________________ . 6. More substantial civil claims (over around £ 25,000) are heard in the _____________ . 7. The _______________ was set up under the Treaty of Rome of 1957, by which the European Community was established. The court can overrule all other courts on matters of Community law. 8. Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the _______________ .

IV. Complete the following text choosing from the list below:

Judge, prosecutor, magistrate, judiciary, recorder, jury, barrister, bench, clerk.

The _________ are perhaps the most prominent amongst those involved in running the court. The largest group of _________ are __________, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of three (as a _______). Magistrates sit with a legally qualified _________ , who can advise on points of law. A case is presented by the _______, who takes over the case from the police who have already charged the defendant (or accused) with specified crimes. In the upper courts, the judges are almost all former __________ . But many cases are also heard by ___________ - part-time barristers from private practice. The Crown Court _________ consists of 12 persons, aged 18 to 70.

V. Read the text below. Select the legal terms that appear in the text and provide definitions for all of them.

Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates’ Courts or the County Courts. Judges have different titles depending on their experience, training and level. A single stipendiary magistrate or three lay magistrates sit in the Magistrates’ Court. There is no jury in a Magistrates’ Court. Family cases may go on appeal from the Magistrates’ Court to the County Court. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Claimants, previously referred to as plaintiffs, may seek a legal remedy for some harm or injury they have suffered. There are circuit judges and recorders who sit in the County Courts, usually without a jury. Juries are now rare in civil actions, so normally the judges consider both law and fact. More complex civil cases, such as administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and the Queen’s Bench. The court has both original and appellate jurisdiction. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions bind all the lower civil courts. Civil cases can leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public interest are involved. Appellants must, however, apply for leave to appeal. Decisions of the House of Lords are binding on all other courts but not necessarily on itself. The court of the House of Lords consists of 12 life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally 3, but generally there is a sitting of 5 judges.

VI. Find the correct definition for each of the legal terms below:

Competence, Congress, County Court, Court of Appeal, court of first instance, Crown Court, to distinguish, district courts, federal courts, forum shopping, jurisdiction, jurisprudence, juror, jury, jury vetting, legal remedy, litigation, mediation, overrule, right of audience.

1. the right to appear and conduct proceedings in a court2. member of a jury3. a court can hear a case if it has jurisdiction over the person or property at issue in that case4. a judge finds a precedent laid down in a previous case not binding on the case before him because the material facts in the present case differ from those in the previous case5. alternative form of dispute resolution where a third party, acting as mediator, helps the parties to reach an agreement6. the courts of the USA as distinguished from the courts of the individual states. These courts hear cases that involve disputes or issues governed by federal law7. a cross-section of the public called upon to hear a case8. the legislative body of the USA9. means provided by the law to help one party because the other party has acted contrary to the rules of law10. more than one court has the competence to hear a case and parties wish to select the forum which would be more favorable for their case11. in the English system it hears civil cases in its local area of jurisdiction12. the study or philosophy of law (in the English legal system)13. a procedure by which members of the public are selected in court for jury service in England. 14. this is an appellate court to be found in many common law jurisdictions. It hears appeals from lower courts. 15. a court reaches the decision that a precedent laid down in a different case no longer has to be followed16. a court in the English system that hears primarily criminal cases17. where a party, known as litigant, brings an action to the court18. a court in which proceedings begin19. the trial courts of the American federal court system20. the legal power to hear and decide a case.

VIII. Match the two parts of each sentence and complete the gaps with words from the list below:

Tried/heard; claimant, appeal; Appeal / Appellate; hear/try

1. The __________ courts can a. a court of fist instance2. An appellant must get b. normally ___________ in the Crown Court3. In a civil action, a _________ who has c. reverse or uphold decisions of lower courts suffered4. Magistrates generally ___________ cases d. harm or injury seeks remedyof petty crimes as5. Indictable offences are e. leave to ________ before taking a case to a higher court

VIII. Complete the text below using words and phrases from the list below:

Crown Court, minors, petty crimes, charged with, reserved for trial, tried summarily, to grant, appeal against conviction or sentence, fine, indictable offences, homicide, to prosecute, imprisonment, leave to appeal, alleged to have committed a crime.

About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts, which deal with ______, that is, less serious ones. In certain circumstances, the court may commit an accused person to the ___________ for more severe punishment, either by way of a ________ or _________ . Except in cases of ________, children under 14 and young persons – that is, __________ between 14 and 17 years of age – must always be ___________, meaning without a jury, by a Youth

Court. A Youth Court is a branch of the Magistrates’ Court. _________ , that is, more serious ones such as theft, drug dealing, and murder, are _____________ in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, ___________ a person _____________ . In England and Wales, a jury of 12 people decides whether the defendant is guilty of the crime she or he is _________ . The Crown Court may hear cases in circuit areas. From the Crown Court, ___________lies to the Criminal Division of the Court of Appeal. If ______________ is _____________ by that court, cases may go on appeal to the House of Lords.

IX. Read the text below. Use the word given in brackets to form a new word that fills in the preceding gap:

1. If a defendant does not deny that the _________ (ALLEGE) made by the claimant are true, or if he fails to respond to the proceedings brought against him, the case is said to be __________ (DERENCE).2. Utlimate responsibility for the way in which _________ (LITIGATE) is handles lies with the court. Judges are expected to engage in active case ____________ (MANAGE) by giving directions as to how the case is to proceed. Emphasis is placed on the early _________ (IDENTIFY) of the key issues, so that parties can no longer pursue every point regardless of time and expenses. Judges also set timetables for the ___________ (COMPLETE) of preparatory steps and can limit the evidence the parties can adduce to support their claim.3. The court will actively encourage the use of alternative dispute __________ (SOLVE) and _________ (SETTLE).4. Various __________ (PROCEDURE) rules, such as the rules of disclosure, do not apply to the small claims track, and the parties are encouraged to appear without legal _________ (REPRESENT). The right to appeal is limited to situations in which there was a serious _________ (REGULAR) in the proceedings, or the court has made a mistake of law.5. Every case is commenced by the _________ (CLAIM), the person who wishes to bring action, against the defendant, the person against whom an action is brought.6. If the defendant admits the claimant’s claim is _________ (JUST) he can file an _________(ADMIT). 7. Under the system of legal aid the Government provides funding to those who cannot afford to pay for legal advice or __________ (REPRESENT). The system is ____________ (ADMINISTRATION) by the Legal Aid Board and offers different kinds of legal aid. There are 3 main forms of aid in civil cases. All legal aid is subject to a strict means test. ____________ (APPLY) must provide information about their income and the existing capital, to show that they are financially eligible.8. Preliminary advice and _______ (ASSIST) from a solicitor is available under this scheme, also known as the green scheme form.

X. Give the Romanian equivalent of the following English legal terms:

To adjudicate, admissible evidence, arbitration, bail, claim, confinement, contempt of court, to hear a case/ an appeal, to indict, indictable offence, to challenge a juror/judge/evidence XI. Give the English equivalent of the following l Romanian legal terms:

Flagrant organizat de politie; presedintele Curtii Supreme de Justitie in SUA; a depune/ inainta a palngere impotriva cuiva; procedura; a anula/ a casa o hotarare; grefier; citatie (pentru un martor); procedura simplificata fara juriu; a mentine o hotarare; eroare juridicara;

XII. Define the terms below so as to show the difference between them:

to bring a case / to sue ; felony/misdemeanor/offence; citation/summons/subpoena.

XIII. Translate into Romanian:

A. The Lords deal a blow to the government’s anti-terrorist plans

IT WAS the biggest rebellion by the House of Lords since most of its hereditary members were sent packing in 1999. On October 13th the second chamber voted by 309 votes to 118 to keep the period for which a terrorist suspect can be detained without charge at 28 days. The government’s counter-terrorism bill, which sought to raise the limit to 42 days, had squeaked through the House of Commons in June. But the unelected Lords, jealous of their independence and the nation’s liberties, were always likely to vote it down.More surprising was the alacrity with which ministers gave in. Gordon Brown has backed longer pre-charge detention since before he became prime minister (his predecessor, Tony Blair, had raised the limit in stages). But after the Lords vote, Jacqui Smith, the home secretary, announced that the bill would be stripped of the offending proposal. Another clause, allowing the government considerable leeway to restrict public inquests, was also jettisoned. Quite a retreat, then, but civil libertarians should not assume that the government has wholeheartedly converted to their cause. For one thing, the controversial clauses are not dead: ministers have drafted a separate bill allowing for an extension to 42 days, which would go before Parliament if an emergency required it; and the changes to inquests will reappear in the coroners bill next year. Moreover, political realism called for a retreat. Relying on the Parliament Act for the Commons to override the Lords’ wishes would have delayed the bill and its many sensible provisions, such as more freedom for police to question suspects after charging them. It would also have required another vote by MPs, which the government was unlikely to win. As well as being emboldened by the Lords, Labour MPs who voted for 42 days with great reluctance in June can now dare to rebel without fearing to bring down their leader. Mr Brown’s position was shaky in the summer; it is more solid now. Liberals can take heart, though, that opposition to 42 days has grown to become something like an establishment consensus. Lord Carlile, the independent reviewer of anti-terrorist laws, defended the proposal, debunking some of the civil- liberties lobby’s more dubious claims. But he was outnumbered by retired lord chancellors, former police chiefs and the ex-head of MI5. They noted the lack of evidence that the police needed more than 28 days, and said the various parliamentary safeguards offered by the government made the measure unworkable anyway. Even the public, often assumed to be squarely behind the government on tough counter-terrorist proposals, is hard to read. A YouGov poll in June that asked whether “terrorist suspects” should be detained for up to 42 days found 69% in favour. But support fell to just 36% in an ICM poll in July, which asked whether people who “may be innocent or guilty of a terrorist offence” should be detained for six weeks.There are consolations for ministers in all this. Voters seldom punish governments for being too tough on national security. Though no politician can say it openly, a terrorist attack (or even news of a major plot) could yet transform the debate. And the truce over the issue within the Conservative Party (David Davis, who quit as shadow home secretary in June to campaign for civil liberties from the back benches, says he gets no complaints from more hawkish colleagues) may then unravel. The Tory Lord Tebbit warned his party on October 13th that a future Conservative government could find itself requesting the same powers that it has opposed under this government. A case for 42 days may indeed emerge in future. But as the scale of the government’s rout in the Lords made clear, there isn’t one now.

B.The Guantánamo detainees. Ready and willing. A small town in Illinois opens its (prison) doors

VISITORS to Thomson, Illinois, are welcomed by one sign that announces the village’s population, 600, and two that proclaim its glory: the 2009 girls’ softball team came fourth in its division, and another team came third in a state music competition. With the cold comes basketball season, when the village president referees local games. Snow blankets the cornfields. Soon the bald eagles will arrive, as they do each winter, to catch fish from the nearby Mississippi river. And if all goes according to plan, Thomson will prepare for another batch of visitors, too. On December 15th the White House announced that it would

buy a prison in Thomson to house some of the detainees from Guantánamo Bay. Many Republicans are furious, claiming that Illinois will become a terrorist target. (A few saltier souls claim to relish the idea of forming armed posses to hunt the inmates down, should any escape.) But Democrats there, in Barack Obama’s home state, had lobbied for the move and greeted the news triumphantly. For Mr Obama, the promise to close Guantánamo by January seems as unlikely as ever, though the announcement marks progress of a sort. No one, however, is more thrilled than the residents of Thomson itself. The village’s history is typical of many towns in the heartland, where tales of decline are common as corn. Thomson rose on agriculture; farmers planted corn and, thanks to sandy soil near the Mississippi, it became the Melon Capital of the World. Over the years the area welcomed an army depot, railway yards and a small college. Now the farms have consolidated, the depot has closed and the college has left for Chicago. In 2001 Illinois built a maximum-security prison, amid much excitement over new jobs. But there was no money to run it. For eight years the prison has sat virtually empty. This may now change. Jerry Hebeler, the village president, supports transferring the prison to the federal government, as do most prominent citizens in the area. (The county’s unemployment rate was 11.1% in October.) “I think most people just want to get this prison open,” explains Jon Whitney, publisher of the local weekly and the great-great-grandson of one of Thomson’s first settlers. Not many jobs at the prison itself are likely to go to locals, Mr Whitney admits, but he expects the prison to be a boon to businesses. “I’m delighted, ecstatic,” says Rick McGinnis, whose family has run a bar on Main Street for 62 years. The White House reckons that moving detainees and other federal prisoners to Thomson will generate up to $1.1 billion of activity over the first four years.Hurdles remain; Congress must vote to allow detainees to be held on American soil. But people in Thomson are hopeful for what the move might do for their town and their country. “We appreciate what a nightmare Guantánamo has been for the United States,” says Vicky Trager, a village board member. “This will go a long way toward helping to rectify that.”

XIV. Translate into English:

A. 1. Desi Tribunalul Reginei ce apartine Inaltei Curti nu este o instanta penala, completul de judecata al sectiei divizionare poate fi sesizat cu recurs penal pe chestiuni de drept.2. Judecatorii de pace, care nu sunt juristi de meserie si sunt numiti de Lordul Cancelar dintre personalitatile locale, indeplinesc acest rol benevol, iar programul de lucru este redus.3. Orice proces care are loc la Curtea Coroanei implica participarea unui juriu format dibn 10-12 jurati.4. Tribunalul Reginei din cadrul Inaltei Curti aplica in principal common law (dreptul cutumiar) de competenta fiind in general actiunile in pretentii pentru recuperarea datoriilor sau daunelor.5. Procesele civile in prima instanta ce compar in fata Inaltei Curti sunt intra in sedinta un complet de judecata format dintr-un singur judecator.6. In lumea afacerilor, partile prefera sa apleze la arbitraj decat sa ajunga in instanta, mai ales ca arbitrii sunt specialisti care cunosc bine problemele unei profesii anume.7. Delictele sunt infractiuni mai putin grave pentru care se poate stabili o pedeapsa cu inchisoarea de pana la un an, pedeapsa ce este executata in inchisoarea orasului sau a comitatului, o amenda sau ambele.8.Pentru infractiunile grave se paoet stabili o pedeapsa cu inchisoarea de la 1 an pana la inchisoarea pe viata, ce va fi executata intr-o inchsoare de stat sau federala (SUA), sau o amenda substantiala, sau ambele.9. Citatia de a comparea in fata instantei este un ordin judecatoresc de a se prezenta ca martor intr-un proces.

10. Exista cinci aparari posibile fata de acuzatia de raspundere penala – constrangerea, alienarea mentala, starea de ebrietate, justificarea comportamentului de catre parat si provocarea de catre politie.

B. Stanculescu si Chitac îsi ispasesc pedepsele de câte 15 ani de închisoare

Victor Stanculescu a terminat-o cu „pacanelele”, cu teatrul si, mai nou, cu procesele de pe rolul instantelor române, dupa ce magistratii Curtii Supreme au respins, joi seara, calea extraordinara de atac pe care fostul general o exercitase împotriva condamnarii de 15 ani de închisoare pe care a primit-o în dosarul Revolutiei.Pe de alta parte, vineri, a expirat masura întreruperii executarii pedepsei pe motive medicale în cazul fostului general Mihai Chitac, care a primit aceeasi condamnare în dosarul Revolutiei. Potrivit purtatorului de cuvânt al Administratiei Nationale a Penitenciarelor, Johanna Camelia Popescu, fostul general s-a prezentat în cursul diminetii la Penitenciarul Rahova, unde a fost consultat de catre un medic. Datorita afectiunilor sale, Mihai Chitac urma sa fie transferat de la Rahova la Spitalul Penitenciar Jilava în dupa-amiaza zilei de vineri. Procesul prin care fostul general Victor Stanculescu solicita revizuirea deciziei de condamnare la 15 ani de închisoare în Dosarul Revolutiei a fost amânat, în data de 26 noiembrie, pentru a treia oara. Daca în 11 noiembrie unul dintre magistratii care trebuia sa intre în componenta completului de judecata nu a fost prezent, din motive medicale, de aceasta data s-a îmbolnavit avocatul fostului general. La iesirea din sala de judecata, întrebat de jurnalisti cum se simte, Victor Stanculescu a raspuns scurt: „Singur”. Curtea Suprema a admis cererea fostului general Victor Stanculescu prin care solicita ca revizuirea condamnarii de 15 ani de închisoare sa se judece cu usile închise. Curtea Militara de Apel a decis, pe 18 septembrie, sa-l reîncarcereze pe Victor Stanculescu, dupa ce instanta inferioara decisese ca pedeapsa de 15 ani de închisoare sa-i fie întrerupta, din motive medicale, pe o perioada de un an. Curtea a mai decis, în aceeasi zi, întreruperea executarii pedepsei lui Mihai Chitac cu trei luni, pe motiv ca fostul general are nevoie de aceasta perioada pentru a suporta doua interventii chirurgicale. Tribunalul Militar Teritorial Bucuresti a întrerupt, pe 12 mai, executarea pedepsei pentru fostul general Victor Stanculescu, condamnat la 15 ani de închisoare în dosarul Revolutiei de la Timisoara, motivând vârsta înaintata si riscul vascular cerebral sau cardiac „maxim”, potrivit motivarii. „În ceea ce priveste durata pentru care va fi dispusa întreruperea executarii pedepsei, instanta va avea în vedere gravitatea diagnosticelor si vârsta sa înaintata. Instanta apreciaza ca intervalul de timp necesar trebuie sa fie unul mai mare si s-a orientat la un termen de un an”, precizeaza instanta militara. În data de 2 septembrie, presa a dat publicitatii o înregistrare video realizata cu o zi în urma, în care fostul general era surprins intrând într-un cazinou din Capitala, unde ar fi petrecut mai mult de doua ore în sala de jocuri.

C. Procuror şef al Secţiei Penale a Parchetului Tribunalului Covasna, prins în flagrant luând mită

Procurorul şef al Secţiei Penale a Parchetului Tribunalului Covasna, Alexandru Kiss, a fost reţinut, în noaptea de vineri spre sâmbătă, la ora 1.00, pentru 24 de ore, după ce a fost prins în flagrant când lua mită pentru returnarea unor corpuri delicte.Procurorul covăsnean a fost prins în flagrant, în timp ce primea mită, în două rânduri, în valoare de câte două mii de lei, de la un martor cercetat într-un dosar penal instrumentat de el în schimbul returnării unor obiecte delicte.Potrivit procurorului Marius Sulu, de la DNA Braşov, flagrantul a fost organizat în Covasna, iar la ora 1.00 procuorul a fost reţinut pentru 24 de ore şi dus în arestul IPJ Braşov."Acum aşteptăm avizul de la Consiliul Superior al Magistraturii, conform procedurii, pentru a-l prezenta Curţii de Apel Braşov cu propunerea de arestare preventivă", a declarat Sulu.Potrivit Secţiei pentru procurori a Consiliului Superior al Magistraturii, Alexandru Kiss a fost numit în funcţia de procuror şef al Secţiei de urmărire penală a Parchetului de pe lângă Tribunalul Covasna în iulie 2006,

pe o perioadă de trei ani. La evaluarea calităţilor profesionale, din cursul anului 2008, a fost apreciat cu calificativul "foarte bine" şi nu a fost sancţionat disciplinar în ultimii trei ani de activitate.În luna iulie a acestui an, Alexandru Kiss a fost reînvestit în aceeaşi funcţie, tot pe o perioadă de trei ani.Alexandru Kiss are o vechime în magistratură de peste 24 de ani.