ENGLISH FOR LAW STUDENTS Reader with Exercises 5| Zuzana Kurucova, Andrea Demovitové | Jazykové uéebnica predstavule edbornd prévnu terminolagiu v.209) kom jazyk a ‘na anglické prévo a eurpske prévo, resp: pravo EU. ny materia je. rozdelany do dvedsiatich.dvoch Kaplol a tio celon je poskyindt primarne studentom prava PEVS zaldady prévne| anciisiny potrebrié: pra ich dalsie-vzdelavanieé a profesiiny rozvo} Jedietlive kepitoly su roz vf iamninos- "ch pojnev, spracovanou témou a cvigeniar ure 5 jenych vedomost I oeorcnt Kor bud s publikéciou pracovat si tak nalskor (v rrr textove| East) 4 cayola rede wyoranjohiprévnych odvetv! anglickeho pravneho poradky atieto iGovat,2i ut samostaine alebo pod vecleniin Kvalifiko; ‘o btudent si sprévmVzor citace KURUCOVA, 2; DEMOVICOVA, A. English for Law Students. Re Plaei: Ale3 Cenék, 2016. 236 s. ISBN 978-80-7380-588:-3. with Exercises. TKATALOGIZACEV KNIZE- NARODNI KNIHOVNA CR Kurucovi, Zuzana Zuaana Kurweovs sr0, 2016, 2 = Anglitina (1 = Usebnt esnavy. Vyucovact piedméty. slish and Old English (Anglo-Saxon) ‘Autorsky kolektiv: PaedDr. Zuzana Kurucové, PhD. kap. 1-11 ‘Mgr. Andrea Demovigové: kap. 12-22 English for Law Students Reader with Exercises © PaedDr. Zuzana Kurucova, PhD., 2016 © Mgr, Andrea Demovigova, 2016 Recenze: doc. PhDr, Marta Chromé, Ph.D. doc. JUDr, PhDr. Peter Potasch, PhD. Mgr Petra Luptékova © Vydavatelstvi a nakladatelstvi Ale’ Cenék, s:0. Kardindla Berana 1157/32, 301 00 Plzef, wwwalescenek.cz, 2016 Lobssh Predhovor 5 1, Introduction to law... a 2, The legal profession... 15 3. Division of powers... ma 4, Legislative power. 24 5, Executive power. 8. The civil procedure... aa 9, Alternative methods of dispute resolution (ADR) . 10, Law of succession. 11, Family law. 12, Contract law 13, Property law ... 14, Intellectual property law... 15, Law of torts... 16. Constitutional law. 17. Substantive eriminal law. 18, Criminal justice process 19. Brief history of the European Union .. 20, Sovereignty of european law 21, Sources and forms of European law .. 203 22, The institutions of the European Union... 210 Summar sn 2A Literatora 225 Oautorkich 236Pleture 1 s8ary Law ¢ whole system or set of rules made by the government of a town, state, country, etc, 4 particular kind of law, ‘rule made by the government of a town, state, country, ete, Laws generally reflect and promote a society's values. These values can be ‘As these values change, laws may change too. the quality of being in accord with standards of right or good conduct, a system or collection of ideas of right and wrong conduct. ‘The link between law and morality Law and morality do not coincide in meaning, though there is ~ there should ye ~ a necessary interdependence between them. Moral law distinguishes right necessary forlaw to be successf , whereas law is the eivil codification of publ iake laws according to their beliefs of good and evil, right and wrong, Laws either the goal of promoting good behavior or punishing undesirable behavior. Thus, informs the Jaw.ve been laws sanctioning practices like slaves State bodies/authorities observe the important role of public morality in pre serving lawfulness among citizens. Enforcement of the law depends upon the threat of physical force. People obey the law out of fear of being deprived of their life or property. However, people who only obey out of fear of punishment look for ‘ways to break the law without being caught. The best way to achieve obedience to the law is for people to internalize the moral principles that underlie the law. ‘When people do so, they obey the law even when no one is watching." Categorizing law: 1. Common Law Systems and Civil Law Systems Describe two distinet legal systems. England and Wales follow the Common law system, ‘Common Law and Equity ‘Two historical sources of law, now united in the English courts, 3. Common Law and Statute Law “Two sources of English law. Common law is ,judge-made” while statute law {s enacted by Parliament. 4, Private Law and Public Law ‘Terms which show who the law relates to. Private la regulates the relation- ship between ordinary citizens, while public law is addressed to public bodies. Picture 2 1 KURUCOVA, Z; DEMOVICOVA, A; ROZINA, Bs BOJSOVA, P. English for Lega! Purposes Zilina Eurokédex, 213, 26-29 Law Systems ish two distinct legal systems and approaches we. The use of term “common law” refers to systems that have ish legal system. Common law systems are found only in colonies or have been influenced by the Anglo- systems are more widespread than common-law systems. The term s to those other jurisdictions that have adopted the European continental it derived from ancient Roman law. 10 be made between the two systems is that the com- ron law system tends to be case-centered and judge-centered, allowing scope for a discretionary, pragmatic approach, to the particular problems that appear before the courts, Common law is generally uncodified. This means that is no comprehensive compilation of legal rules and statutes. While common law Joes rely on some scattered statutes, which are legislative decisions, itis largely sed on precedent, meaning the judicial decisions that have already been made imilar cases. These precedents are maintained over time through the records of the courts. The precedents to be applied in the decision of each new case are determined by the presiding judge. As a result, judges have an enormous role in shaping American and law. Civil law, in contrast, is codified. Countries with civil law systems have com- prehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense. In a civil law system, the judge's role isto establish facts of the case and to apply the provisions of the applicable code. Though the judge often brings the formal charges, investigates the matter, and decides on the ease, he or she works within a framework established by a comprehensive, codified set of laws. ‘Common Law and Equity ‘The common law has been historically described as the law of the common people of England. The Norman Conquest of England was the 11-century invasion ‘and occupation of England by an army of Normans, Bretons and French soldiers that were led by Duke William II of Normandy. Prior to the Norman Conquest of England in 1066, there was no unitary na- tional legal system. There existed only some primitive legal systems based on local customs that varied from area to area ‘William the Conqueror recognized that he had to establish a system cf central government and also a centralized system of justice over which he haé controlmaking them the basis of Under Henry II (reigned 1154-1189), to whom the devel law is principally due, the royal representatives were sent (their tours being known as ci judicial, These judges would resolve disputes on an ad hoc \ings decided) developed. When the same Chancellor developed different writs for different types of cases. The claimant had is action into the framework of an existing writ or else to show that it was similar to such a writ. If he could do neither, he had no remedy. As the common law operated on the writ system, it became rigid, Furthermore, an award of damages (monetary compensation) was the only remedy av: There were numerous occasions when this remedy proved to be inadequate. Also, , the common law operated on the doctrine of stare dec i “This practice resulted in many unsuccessful and diss tioned the King, Lord Chancellor set up the court of Chancery to deal with these petitions. The Chancellor was not bound by the writ system and considered petl- tions on the basis of natural justice. a separate body of legal principles developed and operated on principles of equity or principles of justice. smedies in equity are discre in other words, they are awarded at the will ofthe court and depend on the behavior and situation of the party claiming such remedies. The Court of Chan cery was supposed to deliver equitable (fair) decisions in cases which common Jaw courts refused to deal with, If there was a conflict between the common law courts and the Court of Chancery, the equity of the Court of Chancery prevailed. Equitable remedies - the most important contribution of equity was in the field of new rights and remedies. Three most important remedies that the Chancel- lor developed were: junction — an order from a court of law that says something must be done ‘or must not be done, e.g committing a breach of contract Specific performance - order form a court that required the defendant to fulfil his contractual ob ud the courts of Equi Judicature Acts 1873-1875. to whom the law is addressed. Private law not directly concemed or Jaw that relates to the inter-relationship of the State and the general ‘which the State itself isa participant inguish between law, the purpose of wi duals and law that is aimed at enforcing. law is a form of private law and involves the rel ithip between individual citizens. The purpose of civil law is to settle disputes individuals and to provide remedies it isnot concerned with punishment ‘duet which the State considers with disapproval and which it seeks to control. es are brought by the State in the name of the Crown and cases are forqueen” and case references ually abbreviated to R v..) whereas civil cases are referred to by the names the parties involved in the dispute, for example, Smith v Jones. In criminal law, eeutor prosecutes a defendant (or the accused). In civil law, a claimant (the ed party) sues or brings a claim against a defendant. Inthe area of family aw, ferent terms are used, A petitioner is person who files a petition, for example {u\« divorce suit. A respondent isa person against whom a petition is brought? SLAPPER,G: Ki ish Lav. 3 wy New York: Routledge ~ Cavendish, 2010,9.9-3. Be } SUAPPER.G: KELLY, D. The English Legol System. 13 yd, London ~ New York: Rout es,their reckless di legislation, but at the same ey civil law relating to the tort of negligence, Another ‘and civil law is the level of proof required in the different types of cases. criminal case, the prosecutor is required to prove that the defendant is gui beyond reasonable doubt. Ina criminal case, the level of proof is much higher since a conviction could result in the defendant serving time in prison, On the other hand, in a of proof has only to be on the balance of probabilities. The judge has to decide for one party or the other and so he gives judgement for the party he thinks is probably right. This difference in the level of proof raises the possibility of someone being able to succeed in a civil case, although there may not be sufficient evidence for a criminal prosecution. Tasks: 1. Topies for discussion: moral to cheat on your fianeée/fiancé before the legal act of marriage? gal to have surveillance cameras in dressing rooms? gal to leave minors at home alone? I it moral when a teacher smokes in front of the school building? legal to apply corporeal punishment at primary/secondary schools? legal to tell lies to a person’s employer about his vocational skills/health, tus/sexual orientation? legal to be asked about one's sexual orientation by an employer? Is it moral to commit a suicide? QeIs it moral for abortion to be legalized? sit 2, According to the definition, choose the appropriate legal term: ‘Asystem of guidelines and rules which are made by governments and enforced through social institutions to govern the society’s behaviour, fae Body of legal rules governing interaction and the vights and citizens of sovereign states towards the citizens:of other sovereign states in kena. na sas Body of Jaw governing individuals, thelr persons which do not directly concern the a A body of:rules that Is almed at private: disputes between individuals in such area nd remedies, and governs property, and family law: aim of givil law is to: 1 A. Ipod remedy By omissioa we understand: A. afailuretoact . eb B. deliberate risk taking C. absolute lability ~ yael,ye GA L- th a right to instigate civil proceedings: A. defendant A. claimant “The prosecution has to prove beyond a reasonable doubt that the defendant is guilty, in other words it bears heavy: A. dont ty Be reasoning - vero © nt C. burden of proof CAO V2” bpd ‘A remedy in equity will be granted: ‘A. if the payment of damages isnot sufficient B. automatically C. only upon the request of the harmed party “The common law operated on the A. writ system B. claim CC. court order Cross the odd one out: NORMATIVE - ENFORCEABLE ~ SOCIABLY SUITABLE - CORRECT INJUNCTION ~ DAMAGES ~ SPECIFIC PERFORMANCE ~ RECSISSION LITIGANT - PETITIONER - CLAIMANT ~ PROSECUTOR CONVICT ~ SETTLE - ACCUSE - PROSECUTE CHANCELLOR - EQUITY - NATURAL JUSTICE - WRIT LITIGATION - DISPUTE - COURT PROCEEDINGS ~ SETTLEMENTa ween = ‘To be involved __a criminal case. To instigate a trial __an individual. order which refrains an individual _ doing some act. be discontinued —_ the will of an instigator. The sentence is imposed __the defendant __ the court Monetary relief damage suffered, Parties __a legal dispute. Parties are released completely __ their contractual obligations. Answer the clues. The number of letters is given: A person applying for relief against another person in an action suit, petition, or any other form of court proceeding. . A party that instigates the divorce procedure, ‘A person who is suspected, espect ‘penn who brings a civil action in a court of law in the USA. state official with power utes and other A sat ofa with power (0 decide on disputes and other matters brought ‘A person without special knowledge of some field. In the Middle Ages, a high official who decided petitions of unsuccessful li gants on the basis of natural justice. In criminal proceedings he represents the State in order to prosecute the de- fendant. o gal matters. Law Society: the representative body for solicitors in England and Weles. Barrister: a legal professional whose main work is to give specialist legal ‘and represent people in court. ‘he English legal system is one of only three in the world to have a divided legal profession. A lawyer is either a barrister or solicitor. They have rights of tnudience, i. the right to appear and speak on behalf of their clients in cour “The Courts and Legal Services Act 1990 provides that every barrister and every solicitor has a right of audience before every court in relation to all proceedings. however, is subject to many conditions. In order to exerci citors xd barristers must obey the rules of conduct of their professional bodies and ist meet prescribed training requirements, In the case of barristers, they have complete pupillage. In the case of solicitors, they have to obtain a higher courts ‘advocacy qualification if they wish to appear in the higher courts. Solicitors Usually, a solicitor is the first call for anyone who needs legal advice. The icitor can be characterized as a general practitioner, dealing with all kinds a lawyer who deals with clients directly. Most ge practices, are experts in particular areas of , they work in firms ranging in size or 1s sole practitioners (on their own in theit own business) Solicitors deal with a wide variety of legal problems, such as: helping to buy ‘and sell property, personal injury claims, advising on matrimonial matters such as divorce or financial disputes between partners, ete. They also represent people in court or instruct a barrister to represent them. In civil matters, they often appear County Court cases. In criminal matters, they often represent their client in the strates’ Court, Many solicitors now act as advocates for their firm. "The Law Society is the profession's governing body. Its key roles are to help, promote, protect, train and advise solicitors. Solicitors Regulation Authority (GRA) is the independent regulatory body of the Law Society and was established in January 2007. The SRA’s functions are: > set standards for qualifying as a solicitor, > provide legal training, MBarristers “The barrister is often thought of as primarily a court advocate, although many spend more time on drafting and writing advice for solicitors, Professional bar- ers are competent to perform all advocacy for the prosecution or defence in ‘criminal cases, and for a claimant or defendant in a civil claim. smployed, although there is an increasing number ‘who are employed directly by large organizations. Barristers are able to: > represent a person in court or before a tribunal, > give legal advice, > negotiate a settlement, > investigate and collect evidence, » draft formal court documents (eg. a st draft routine legal documents (eg, wills, contracts, deeds, leases). For many barristers, much of their work is preparing for and then appearing in court. Barristers specializing in criminal law spend a great deal of time in court. (On the other hand, civil procedure now highly promotes the use of alternative ‘methods of dispute resolution; therefore some barristers prepare and advise on these. ‘A barrister can also work as a representative in arbitration and mediation, if he ot she has completed specialist training. Barristers eannot form partnerships, but must act as sole traders with unlim- ited liability. Some barristers are in employed practice, and may only represent their employer, for example as in government departments like the Crown Pros- cecution Service. “The General Council of the Bar of England and Wales, commonly knowns as the Bar Council is the representative body for barristers. Established in 1894, it acts as a disciplinary body and a regulatory body through the Bar Standards oat mis to promote a in excellence on the quality of legal serv- {ces provided by barristers.’ ment of case, witness statement), J SLAPPER, G, KELLY, D. English Low 3. wyd. New York: Routledge ~ Cavendish, 2010, 524-325. $ BROWN, G.D: RICE, S. Profesional English in Use ~ Law. Cambridge: Cambridge University Press Picture A barrister performing advocacy in crt oom xe are many types of judge in the legal system, but all have the primary managing and deciding cases. Thus they deliver and create the law. Unlike y other countries, judges in England and Wales are not elected and trained recome a judge as an alternative to starting a career as a solicitor or barrister. iges are drawn from barristers and solicitors. They are normally top sdlicitors barristers. These are people engaged in legal practice on a day-to-day bas is possible for academic lawyers who are not engaged in legal practice ‘a solicitor or bartister to apply for the post of judge. A judge is appointed until age of 70, [Appointing a judge: The first stage is an advertisement. Most pc .d widely in the national press, legal press or online. Each pr idate sends an application form to the Judicial Appointments Commission. .e authority that runs the selection process of potential applicant in a ju- reer. The Judicial Appointments Commission will check the candidate's gibility for the post. At the same time, they make an assessment of the good racter of the candidate. Candidates might be asked to attend a selection day, ‘which will entail a combination of role-plays and an interview. “The Judicial Appointments Commission identified 5 main qualities required judicial office: 1 capacity and an appropriate knowledge of the law, (eg, independence of mind, sound judgment), ns are vey ‘good communication skills, ie. a judge needs to be at dure and any decision reached clearly, > efficiency, Le. a judge is required to organize time effectively and produce reason judgments quickly on order to minimize the cost of the legal process. to explain the proce-Il work his way up the ranks. For ex: can be promoted to Circuit Judge or a High Court Judge to Judicial qualification requirements? ‘Typeetiige Qualifications Juste of Supreme Court 15-year Supee out quallatn arate ld igh ud oie fet st2 yas cd esis of fppeal 10-year High Courtright of aun erbean enisig High Court ge igh Coutudges ‘0 argh Court ight of autlenc orhave been a Cet ee frat eas Teas uni: year Coun Cart or Coun ce qual acoder nde meena yaliicaton bea Recorder Fecades Dist yes ‘The most general categorization is between superior and inferior judges. Su- perior judges are those appointed to sit in the High Court and the appeal courts. ferior judges. Judges can also be categorised as either full-time or part-time:* ‘Types of judges ‘The judiciary incorporates a fairly broad range of different types of judges. professionals and do not have substanti aining, These people are instead ‘members of the lay judiciary, trying lower level cases or sending cases to be heard by higher ranking members of the judiciary in superior cour ally sit in threes. ict judges are also lower level members of the judiciary. They, along with ible for most county court business, some High sit alone, hierarchy of the judiciary are circuit judges. This type ies out the majority of Crown Court work and some county court igh Court work. They ate also senior enough in the judiciary to sit in the inal Division of the Court of Appeal if called upon. They are assisted by deputy circuit judges and recorders, though neither of these can si in the Court of Appeal. High Court judges are senior members of the judiciary, and hear the most serious types of Crown Court cases, as well as sitting in the Court of Appeal, usu- ally in the Criminal Division. Deputy High Court judges do the same work on ited Kingdom are known as Justices Supreme Court, and they are also Privy Counsellors, Justices of the Su- ye Court are granted the courtesy title Lord or Lady for life. ‘Supreme Court is a relatively new Court being established in October 2009 wing the Constitutional Reform Act 2005. Formerly, the Highest Court of Ap- «d Kingdom was the House of Lords Appellate Committee made f Lord of Appeal in Ordinary, also known as Law Lords, which with other Justices now form the Supreme Court, Such Law Lords were allowed to sit House of Lords and were members for life. The Supreme Court is headed by ‘and Deputy President of the Supreme Court and is composed of, fen Justices of the Supreme Court.’ rasks: , Based on the definition, identify the appropriate legal term: ‘A lawyer who advises clients on legal matters, represents clients in certain fer courts. _ ‘A lawyer who specialises in courtroom advocacy and I ion. “A right of a lawyer to appear and conduct proceedings in court on behalf of it. _ Low level members of the judiciary, who are not legally qualified. ~ Judges sitting permanently in the Court of Appeal. “The name of an Act of Parliament that provided for a Supreme Court of the ited Kingdom to take over the existing role of the judicial function of the House legal prob- ___a particul iatters, to work as a representative ___ for the judicial post, a case is bs _ judge, the Supreme Court is headed __ the Supreme Court 3. Answer the following questions: How is the legal profession in England divided? ‘Name at least three distinguishing features between solicitors and barristers. 3) KURUCOVA, Z:DEMOVICOVA, A; ROZINA, E; BOISOVA,P. English for Legal Purpeses Zila Barokddex, 205, 5.85.Compare lawyer / legal co Describe the purpose of profes quality of legal services. jure 6 The UK Supreme Court (ul of powers is a model for the governance of a state. ,Separation ms of state should be func- ave powers that span these ices. The model was first developed in ancient Greece. “The doctrine of separation of powers was perhaps most thoroughly explained by the French Enlightenment political philosopher Baron de Montesquieu who itution of the early 18% century. Montes- jeu stated that to avoid tyranny, - Judiciary should be separated as far as possible, and ions of percep:Originally it was the Monarch who had all the power, however, it has now been transferred and subdivided: > ‘The Legislature (law making function) - covers of rules for the societ > The Executive (law applying function) ~ covers actions taken to maint iplement the law, defend the state, and conduct internal policies ‘The Judiciary (law enforcing function) ~ deals with determination of disputes and the punishment of criminals by deciding issues of fact and ap- plying the law. “These functions of Government should be carried out by separate persons, or bodies and each branch should carry out In the United States and other pres a fundamental constitutional prin ingdom and other com- ‘mon law jurisdictions, however, the theory of separation has enjoyed much prominence. In the UK, the major offices and institutions have evolved to achieve balance between the Crown (and more recently the Government) and the Paelia ‘ment. The system resembles a balance of powers more than a formal separation of the three branches. In the last decade, the concept of separation of powers has been evident in ‘UK Government suggested that, in its reforms of the judiciary ial Reform Act 2005, it was moving toward a more formal separation of powers. The creation of the independent Su- preme Court and dismantling of the many-faceted office of Lord Chancellor have npicked some aspects of the fusion of powers. More recently, the proposed change in the number of Members of Parliament, the use of parliamentary privilege and Members’ involvement in super injunctions have again raised issues of the interac- tion of the institutions of state ‘The development of the British con: is based on this fusion in the person of the Monarch, who has a formal in the legislature (Parliament, which is where legal and is the Crown-in-Parliament, and is summoned and dissolved by the Sovereign who must give his or her Royal Assent to all Bills so that they become Acts), the executive (the Sovereign appoints all ministers of His/Her Majesty's Government, ‘who govern in the name of the Crown) and the judiciary (the Sovereign, as the fount of justice, appoints all senior judges, and all public prosecutions are brought in his or her name).* “The British legal system is based on common law traditions, which require: Police or regulators cannot initiate complaints under criminal law but can only investigate (prosecution is mostly reserved for the Crown Prosecution Service) jons such as the enactme KURUCOVA, Z; DEMOVICOVA, A; ROZINA, E; BOJSOVA, P. English for Legal Purposes. lina rial or dismissal. Accordingly, their relation to police is no ad- dants convicted can appeal, but only fresh and compelling evidence not le at trial can be introduced, restricting the power ofthe court of appeal to 1cess of law applied. ‘Answer the questions: ere did the model of the separation of powers develop? s the author of the doctrine of separation of powers? Which branch carries the law enforcing function? ‘Who has the power to summon and dissolve the British Parliament? What governs the relationship between the three branches of government? o44. Legislative power ird reading: the final step in the consideration of a Bill before it is put toa vote. Royal Assent: the formal signing of an Act of Parliament by the sovereign, by which became aw, Picture 7: The Bilin of Parliament Precedent: Itis based on the principle that like cases should be treated alike, Key words: Act of Parliament, means that once a decision hes been reached in a particular case, it should delegated legislatioi, Bylaws, orders in Ce dictum, treaties, regul jovereign/Monarch, primary ied upon in other cases. Stare decisis: Precedents are binding and must be followed. Ratio decidendi: Part of the judgment that represents legal reasoning for the ion biter dictum: Things said “by the way", not binding part of the judgment. case law, prece tio decidendi ns, directives, overruling, distinguishing Glossary Parliament of the United Ki ingdom: It is the supreme legislative includes the House of Commons andthe Howeoflards, en Bll: A Bill is a proposed law which is introduced ‘which is introduced into Parliament. Once a has been debated and then approved by each House of Parliament, and has re- ceived Royal Assent, it becomes law and is known as an Act. , pes of legislation Te sovereign power to make laws lies with the Parliamet Parliament), This means that the Parliament has the power to enact, repeal or ees fit and laws passed by the Parliament are superior to all the sovereignty 1 any law as her sources sliament is the primary democratic body and is comprised of three parts: fouse of Commons, the House of Lords and the Monarch. England and Wales We a parliamentary democracy diferent from many other democracies in not wing a written constitution. “The House of Commons is the lower chamber of the UK Parliament. The UK ic elects 650 Members of Parliament (MPs) to represent their interests and ns in the House of Commons. MPs consider and propose new laws,and can inise government policies by asking ministers questions about current issues the Commons Chamber ot in Committees. “The House of Lords is the second chamber of the UK Parliament. rndent from, and complements the work of, the elected House of Com Primary legislation is the law passed by Parliament statute law or Acts‘of Pafliament. Other types of legis slation (sometimes called secondary legislation) and European legislation. The first reading: the first presentation of a Bill to a House of Parliament, to ing: the second presentation of a Bill to a legisla d present iv assembly it ually ats fr one day. It isthe main debate on the woe Bil J ird of five stages of a Bill's progress through Paliament when it may be debated and amended by a spetlly convened —~—~"contimittee of MPs, It is detailed examination of the Bill. JLouse of Lords jo make sure each nto consider each se: lowing stages in each form of statutes, or Acts of P ased on the nee 4 Private Bill, or a Private M eed to go through the sading: This is @ purely formal stage, and there is no debate on the Bill. * copy ofthe Bill is placed on the Table on the day of presentation. Its is followed by an order for the Bill to be printed. Legislation can be categorized in a number of ways. For, example, dis can be drawn between the following: ictions Public Bills are introduced by the government as part of its legislative pro- gramme. They affect the public as a whole. Public Blls relate to matters affecting the general public. x. Noamendments can be made tothe t 's may give an idea of the changes they will be p of the debate the House will vote on the Bil. ent, the Bill cannot proceed any further, though itis rae for a Govern- be defeated at this stage ve stage: This is a line-by-line consideration of the detall of the Bil convened committee of Members of Parliament (MP). A Public Bill of 16 members and a maximum of about 50. In duced by Members of ively narrow issues. In Private Members Bills, and a ballot at the beginning of each session of Parliament determines the members whose Bills are to have priority on those days. A Private Member's Bill that is not supported by the government stands litle chance of sucesally ‘completing all stages and becoming an Act. The government some- i consider any amendments tabled by the Government or other members times pefere a privat tabled may propose changes to the existing provisions of the Bill supper ‘adding wholly new material. This stage can take anything from several months ves MPs an opportunity, on the floor of the House, to con- change) to a Bill which has been exam- I or new clauses ‘member to sponsor a particular controversial Report stage: fider further amendments (proposals n committee. All MPs can sugge they think should be added. Report stage is normally followed imme: jebate on the Bill's third reading. ed reading: Third reading is the final chance for the Commons to debate ‘ents of a Bll, Debate on the Bill is usually short, and limited to what is inthe Bill. Amendments (proposals for change) cannot be made to a eading in the Commons. At the end ofthe debate, the House decid ther to approve the third reading of the Bil. ly, by de votes 11 Dostupné na: hip//oww paiament.the pod a: ip fwericpaliamentublabouvhowawspesagebil‘of dclegated legislation Orders in Council are drafted by the Government and given formal approval Queen and the Privy Council (itis a body made up of senior current and iges and members of the Royal family). jons such as dissolving Parliament ‘an election; bringing an Act of Parliament into force or dealing with foreign “These laws are enforc tory instruments ( pe of order made by a government minister that has the effect of a law. Statu- suments are made in a variety of forms: regulations, rules and orders. The jo be adopted is usually set outin the enabling Act. Statutory instruments can update or enforce existing primary legislation. Approxi- sued each year, making up the bulk of delegated legislation two-thirds of SIs are not actively considered before Parliament and simply ne law on a specified date inthe futur jlaws are made principally by local Pleture 9 The House of Lords Later Stages If the Bill started in the Commons it ‘ommions it goes to the House of Lords for its consid- eration. After consideration by the Lords, the Bill is passed back to the Commons which must then consider any amendments t der any amendments to the Bill that might have troduced by the Lords Set migh hee been Ifthe Bill started in the Lords it ret to the He rds it returns: \¢ House of Lords for consi tion of any amendments the Commons have made. ‘reonsiderat Royal Assent ane «Bill bas completed all its parliamentary stages in both Houses, it must ave Royal Astent before it can become an Act of Pariament (lw), Royal is the Monarch’s agreement to make the Bill into an Act ce ea tefused since Queen Anne refused to assent to the Scottish of 1707.8 ts particular region. By contrast with most other of delegated legislation, bylaws are not subject to any form of parliamentary 1. They take effect if confirmed by a government minister. These laws may fh many issues ~ for example, drinking alcohol in public places or the dog in public areas.14"* in legislation ver since the UK joined the European Economic Community, now the Euro- san Union, it has passed the power to create laws that have effect to the wider ean i ms, The UK’ legislative, executive and judicial powersare now led by and can only be operated within the framework of European Union {w. European law supersedes any existing UK law to the contrary. The sources of ypean Union law are fourfold: body of internal founding treaties and protocols, international agreements, After Royal Assent ‘The legislation within the Bill may come into force immediately, ater a set petiod or only afer a commencement order by a Government minste The ps cal implementation of an Act is the responsi department, not Parliament. inister. The practi- ty of the appropriate government ¢ Parliament does not have the tim and the means to debate every small detail of law or it does not always have fe necessary expertise to deal with the particular issue, whereas a government lepartment and local authorities may have knowledge of local needs. Delegated 13 FAFINSKI RICE, N; WORTLEY, R. AQA Law. Cheltenham: Nelson Thorlent binding precedent is a preced preceden at must be followed, Ratio decidendi of binding on courts of the same level and on es ae ‘ew situation arises and/or where there is ‘The Anglo-American common-law tradition is sive precedent ison which ot binding but which contin oe ing precedent or stare de ae {might be inlet persuasive precedent can be followed whenno Buishes the common law from ci stems. It directs a court to look to past {precedent exists but ther sno abigation pu upon courts t 0 50 He decisions for guidance on how to decide a current case. This means thatthe legal esunsie precedent are ober dite deviions of Sater o7urty rules applied to a prior case with facts similar to those of the case now before h courts or court of other countries, such as the 4 court should be applied to resolve the legal ‘The doctrine refers to the fact tthat Mithods of avoiding judicial precedent void a precedent, The English courts, a doctrine ofa higher court will be binding on a court ower than ee that hierarchy. In general terms it means that when judges try cases, they jrequent methods are distinguishing and overt 5 ling. a will check to see if a similar situation has come before a court previously. If the i ing is the main device used by the oss a eas precedent was set by a court of equal or higher status to the court deciding the new prc No two case wil ve eva the se fats When iss case, than the judge in the present case should follow the rule of law established the judge is not bound to follow a precedent; it can {nthe earlier case. When the precedent is from a lower court in the hierarchy, the judge in the new case may not foll li fe 4 fairness, and seu eg ruling established in a previous case because cliciency in the law. ous case was wrongly decided. Not everything in the case report sets a precedent. The contents ofa report can. ided into 2 categories: decidendi (Latin for ,reason for deciding”) is that part ofthe judgment that represents legal reasoning of a case that is binding, but only ifthe legal { parliamentary, ena reasoning is from a superior court and, in general, from the same court in an te, sovereign, dummy he structure sets that the law in jectives from the list below: Complete the phrases using appropriate adjectives from t : ae vpabling, wien, lea, sobs legislative, royal, subor- __- power > the Latin phrase for “a statement by the = democracy way”, Although obiter dictum does not form part of the binding precedent, it ______.~ legislation is persuasive authority and can be taken into consideration in latter cases if the judge in the later case considers it appropriate to do 50. ‘The division of cases into these two distinct parts is a theoretical procedure. ‘Unfortunately, judges do not actually separate their judgment into the 2 clearly defined categories, and iti forthe person reading the case to determine what the 15. SLAPPER, Gs KELLY, D. The English Legal System. 13. vy. London ~ New York Routledge, 2012, t sarson Education Limited, 2010, 5. 69. Co FAFINSKI, S.; FINCH, E. English Legal System. Harlow:PesParliames __ law, Acts the government as part viduals, Private Member's Bills are introduced er House, session _ Parliament, the draft form _ the bottom left-hand corner__ the front page square brackets, delegated legislation is the law made oh faa or bod- fes___ the authority Parliament, introduce a Bill _ the House session, amendments cannot be made aBill____ the Royal Assent — any time whi this stage, submit tes, agreement, discussion, field, level, to allow, mai ‘meeting, alteration, authority : stage ~ area ~ change ~ power ~ ‘Acts of Parliament ~__ debate assent ~ substantive ~ overview ~ to enable ~ void ~ Executive power words: Sovereign/Monarch, monarchy, lines of suecession, hetr eppar- wvernment, grant honours, commander ¢ Minister, the Cabinet, government rs, Privy Couneil, Civil Service, general election ry chy: a form of government in which the supreme power is vested in ch (such as a king or queen) wernment: the group of people who control and make decisions for « coun- etc ime Minister: the principal minister and head of government in a parlia- ry system Cabinet: a group of people who give advice to the leader of a government ivy Council: a body of officials chosen by the British Sovereign whoadvise reign in matters of state Service: the administrative service of a government, outside the armed “Monarchy of the United Kingdom “The monarchy is Britain's oldest secular insti 4000 years was broken only once by a republic that lasted a mere 11 yea 40), The monarchy is hereditary, the succession passing automatically to the ‘male child, or in the absence of males, to the oldest female offspring of the eb, n, its continuity f British Monarch 1¢ Queen Elizabeth Il. is Head of State of the UK and 15 other Common- ‘wealth realms. Elizabeth II (Elizabeth Alexandra Mary) was born on 21 April in London. She was the first child of ‘The Duke and Duchess of York, who became King George VI and Queen Elizabeth.At the time s Prince of Wales and her father, The Duke of York. In 1936, her grandfe v, is eldest son came to the throne as King Edward: togive up the Upon ibdicatior George VI, and : ; Petre 11: The Roya se of the sovereign than six decades. On 9 September 2015, Queen Elizabeth If became the UK's long- est reigning monarch. In 1947 she got ma Mountbatten in West Abbey. They have four ch eldest son and heir apparent to the eW x son of The Prince of Wales and the late Diana, Princess of Wales. On ton, the title The Duke Sk Petre 12: Elizabeth the Second by the Grace of God, “The succession to the throne is regulated not only through descent, but also by minions bey Parliamentary statute (Succession to the Crown Act 2013). The order of succession ‘The British Sovereign can be seen as having two roles: head of State, and head {the Nation. ‘The monarch is head of the executive and of the judiciary, head "ofthe Church of England and commander-in-chief of the armed forces. ‘As head of State, The Sovereign undert nal and representa Jonal duties which have developed over one thousand years of history: ‘There are inward duties, with The Sovereign playing a part in State functions ____ fain. Fach new session of Parliament must be opened with her speech given 1 Dostupd na: htp/wrorwoyalgovk/hmtequeeneaieear easy from a throne, Orders in Council have to be approved, Acts of Parliament must1d meetings wi ‘There are also outward duties of State, when The Sove to the rest of the world. For example, The Sovereign receives foreign ambassadors ing heads of State, and makes St support of diplomatic and economic n is the only person to declare war and to make pea grants honours to deserving and high certain honours in the United Ki her own discretion. Pleture 1; David Cameron, Conservative 2010 to date Headquarters of the b current Prime Minister is David Cameron who has been serving his 2 office. He became the fet in May 2010, when he led « Con- government. He continued as Prime government Picture 1: David Cameron, the Prime Ministr British government has @ long and fascinating history. Britain has one of the world fers since 1735, vies with the White House as being the most important political building anywhere in the ‘world in the modern era, Behind its black door have been taken the most important ions affecting Britain for the last smber 10 has 3 overlapping functions. It is the official residence of the British isalso the place where the Prime Minister enter- Pitre 18 Ba tains guests from Her Majesty The Queen to presidents ofthe United States and other C Conte jp na: http /worm royal owuki MonatchUK/HowtheMonarchy wi eofthesvere- aspx.Responsi “The Prime Minister is head of the UK government and is ultimately responsible for the policy and decisions of the government. As head of the UK government the Prime Minister also: is responsible forall the decisions and policies of the British government, appoints government officials, such as members of the Cabinet, serves as the head of the Cabinet and sits on several Cabinet committee, manages, oversees, and organizes the work of government departments and agencies, years thereafter on the first Thursday in May. The next general > serves as a liaison between the monarch and the government, keeping the ted Kingdom is due to be held on Thursday 7 May 2020. It monarch up-to-date on government business, iment of the United Kingdom. recommends candidates for the monarch to appoint to the House of Lords, the “ingdom general elections are held following dissolution of Parlia- judicial bench, and the clergy of the Church of England, : x the Act, dissolution occurs automatically 25 working days before ating in debates, answering ion. In UK general elections, voting takes place in 650 constituencies to verve > is active in the House of Commons, often pa {questions from fellow MPs, and making formal statements, : mbers of Parliament (MPs) to seats in the House of Commons, the lower > is the leader of his or her political party, Parliament. ‘The leader of the resultant government will become the > represents the United Kingdom internationally. “The Cabinet of the United Kingdom and the Privy Couneil “The Cabinet of the United Kingdom is the collective and formal decision making body of Her Majesty's Government of the United Kingdom, composed of the Prime Minister and 21 government ministers. lesty's Loyal Oppositio ‘These ministers are all members of Parliament. They are chosen by the Prime Minister. The Cabinet decides on government policy and co-ordinates the work of, the different government departments. Every week during Parliament, members of the Cabinet (Secretaries of State from all departments and some other minis ‘meet to discuss the most important issues for the government. Cabinet meetings eral Democrats. ical parties "The UK has many political parties, which are represented in the House of Com- and the House of Lords. Major parties are: Conservatives, Labour P are private and its Members should not disclose any information about them. 2015 general election marked the fist time a Conservative majority government ‘Another institution is “Her Majesty's Most Honorable Privy Council’ The een elected since 1922. David Cameron became the first Prime Minister to Privy Council is a body of advisors to the Sovereign. In the past, the Council had rue in office immediately after a full term with a larger popular vote share for his 1 very strong position, but today, its tasks are most ceremonial. since 1990 and the only Prime Minister other than Margaret Thatcher to continue office immediately after a full term with a greater number of seats for his party Civil Service q “The body of servants that are employed to put policies into action and are paid Maks: Match the following words to create pairs of antonyms: wholly out of money voted annually by Parliament. Its constitutional role is to itarian, inward, opposition, withdraw, minority, support the government, Civil Service staffis politically impartial and independent of government, thereby providing stable administration notwithstanding changes of government. They work in central government departments, agencies, and non- departmental government bodies. The Civil Service does not include government xs who are politically appointed, members of the British Armed Forces, Dostupné na tp www legislation govllukpga/2011/1eontents/enacted. ‘21 Dostupné na: httpsy/ww.g0u.foreign ~ repeal ~ dismiss ~ majority ~ coalition ~ outward — Match the words to create phrases: ‘minister, session, treaties, party, monarchy, election, power, prerogatives, serv- Jece, war Declare Parliamentary ~ Constitutional ~ Answer the following questions: Define all duties vested in the British Sovereign. What is 0 Downing street’ famous for? ‘Who is the current Prime Minister and what are his responsibilities? What is the composition of the Cabinet of the United Kingdom? ‘According to the Fixed-term Parliament Act (2005), explain how the general election is run, ‘What are the names of the major polit position of the UK Parliament? I parties that form the current com- ° urts; criminal courts, jurisdictio High Court of Justice, Court of Appeal, Supreme Court, tribunals, leave fo leapfrog sary urisdiction ~ the extent of a particular court's power over certain legal dis- Magistrates’ Court ~ inferior court of a limited and’criminal jurisdiction. Cases are heard either by a distr luyrragistrates. County Court - only court exercising purely civil jurisdiction, eases are han- ‘led by. circuit judges or district judges. ‘Crown Court ~ the only court exercising purely criminal jurisdiction, cases are Theaed by the judge and t Court ~ has three divisions, tie’ Quéen’s Bench Divisio ind the Chafieéty Division. These divisions are then sub- Jaims may be issued and the court where appeal courts will be heard. Court of Appeal ~ the court exercises appellate jurisdiction, in some cases it functions as the court of last resort, but in other cases its decisions can be ap- pealed to the Supreme Court. The Court is divided into the @ivibPiviston end the Criminal Divisions. The ordinary judges of the Court are RggdJustices of Appeal. ‘Supreme Court ~ the Constitutional Reform Act 2005 created the Supreme Court to replace the House of Lords and this change took Qctober 2008 ‘The Supreme Court has no connection with Parliament. _peal. It decides cases involving important legal issues of general public impor ©" Leave to appeal ~ when a party wishes to appeal and authority for the appeal must be obtained either from the original court or from the appeal court Leapfrog ~ the shortcut procedure for appealing direct to a higher court skip- ping a lower court in the hierarchy “The court system in the UK “The doctrine of binding precedent or state decisis lies at the hear: of the English legal system. The doctrine refers to the fact that, within the hiererchical structure of the English courts, a decision of a higher court will be binding on ‘court lower than that in the hierarchy. In general terms, it means thet when 1 judge tries cases, s/he will check to see ifa similar situation has come before ‘court deciding the new case, then the judge in the present case should follow the rule of law established in the earlier case. Where the precedent is froma loweradge in a new case need not follow, but icheme of trials at consider it. Judges are expected to deliver judgments in a completely impartial manner through a strict application of the law without allowing their personal preference, fear of favour of any of the parties to the action to affect their decision in any way. Claisification of the courts: > inferior and superior courts, » trial and appellate courts, > civil and criminal courts an cout Inferior courts are the County Courts and Magistrates’ Courts. These are the er ee ted geographié and financ ion eae 7 Court of Appeal, the High Court and the Crown Court. They are the courts of unliinited geographic jurisdiction These Gourts generally hear more complex andjor dificult cases wi tions of area or sums of money involved. ‘he classification of courts into inferior and superior is the most clear-cut. ‘Trial courts hear cases“at first instance” (the 1* time a case is heard in court ~ before any appeal). “Appellate courts consider the application of legal principles toa case thathas J cannot deal with all types of cases) and they rank among t already been heard at first instance. F appeals) It is impossible to the UK courts into courts having ex jurisdiction and courts dealing strictly with appeals because most of functions are combined within one court (for example, the High Court of Ciminal-courts' decide guilt or innocence and impose punishment to con- Wie Givit-courts primarily deal with resolution of disputes between individuals and award appropriate remedies. ‘The Crown Court deals almost exclusively Court has only civil jurisdiction. However, nal and civil ion. sively. 04 fh criminal matters. The County .e other courts exercise both crimi~ 11; A courtroom atthe Magistrates’ Court. The panel of lay magistrates assisted bya Clerk Composition of Magistrates’ Court: Cases are heard either by the bench/ = panel of two or three magistrates or by one district judge. ‘Magistrates or Justices of the Peace, as they are also known, are local people Volunteer their services. They do not require formal legal qualifications, but ling court and prison visits in It criminal courts ty ete. whenever possible to bring a broad experience nm making powers but only one, il speak in court and preside over the proceedings. They are given legal and procedural advice by qualified clerks.District judges are legally quali risdiction of Magistrates’ Courts: Over 95 per cent of aller Magistrates’ Court. Magistrates hear less serious ci including motoring offences, transfer serious cases such as rape and murder to higher courts, consider bail applications, deal with fine enforcement and grant search warrants, “Appeals form the Magistrates’ Court: The defendant can appeal to the Crown Court against conviction or sentence; in litigation, the appeals are heard by aia te, the High Court of Justice. 1e and some family proceedings, Sentencing powers of magistrates: The magistrates can impose a sentence, : generally up to six months’ imprisonment fora single offence (12 months in total), 7g ion, ora fine, generally of up to £ 5 000. jous prosecution and false imprisonment, ‘Additional information on magistrates: Magistrates are specially trained inst the police. sit in youth courts, where procedures are slightly more informal than in adult 4 mn of County Courts: County Courts handle civil cases by circuit criminal courts ~ for example, magistrates will deliberately talk direct! defendants, rather than always through their legal representative. 3 ime judges and the statutory qualification is a five- though most magistrates deal with criminal work, they also decide many ight of audience = the right to appear in court as an advocate. They deal relation to family work ‘majority of cases in the County Courts. debt recovery (charges for water, gas and elect judges must be lawyers who have held a ‘right of audience’ for atleast payment of couneil tax and income tax. “They are appointed by the Queen, on the recommendation of the Lord Magistrates undergo extensive training before they sit in Family Proceedings 4 : , following a fair and open competition administered by the Judit Courts where procedures are very different from the criminal court ents Commission. setting is much more informal and ideally takes place with patties seated around “the vast majority of civil cases tried in County Court do not have a jury a large table” ation trials are the main exceptions) and the judge hears them on his own, ng, them by finding facts, applying the relevant law to them and then giving County Courts cd judgment. ‘Appeals from the County Court: A litigant can file an appeal to the High of Justice o Picture 20: The County Court 28 _Dostupné na: ipf/www.govuk/couts F 'APPER, Gi KELLY, D, English Law. New York: Routledge ~ Cavendish, 210, 86Pleture 21:The Crown Court Picture 22: A tril by jury nthe Crown Court Jurisdiction of the Crown Court: The Crown Court Jurisdiction, It is a court exercising pi criminal cases including Magistrates’ courts, further it imposes sentence upon defendants con ‘Maistrats’ courts (because magistrates have limited sentencing powers) and it hears appeals against decisions of magistrates’ courts, {Composition of the Crown Court: The trials ae conducted by a single judge > Three different types of judges deal withthe cass: High Court Judges, judges and part-time judges called Res ne usually heard by a Cireuit Judge si ‘no more than four magistrates (normally two). Appeals following a trial in the Crown Court: In all cases be started within six weeks of the conviction or sentence. To initiate em a 4 Special document called leave to appeal must be granted. It means that either ihe original trial judge or a judge in the court of appeal must give permiseion for the appeal to go ahead. Justice 1 by the Chancellor of the High Court (formerly known and hearing cases involving the administration of estates, mortgages, ales, ete; the Queen's (or King’s) Bench Division, presided over ford chief justice and hearing cases involving contract or tort, and oc- ly criminal matters; and the Family Division, headed by a president ‘with marriage, adoption, wardship, and other fa eaenanes igh Court judges may sit in any di administering both law an hgh thy ae sow wal ase eset Wor nd don of the High Court bind the lower courts, but not itself. 1 hetpdworebrtanica com/opie/High-Court-of justice British.[ENGLISH F s READ hs q ae rom the High Cour, cases may go om appeal to ich can reverse or uphold a decision of the lower « ‘courts, Civil cases may leapfrog from the the Supreme * of Appeal, when points of aw of general public importance ar ‘Queen’s Bench Division: the head is the President of the Queen's Bench Di risdietion. Cases are heard by court exercises civil as wel Court judge Judges who hear civi -ases in the Queen's Bench Division deal with: > ‘common law’ business ~ actions relating 10 ‘contract, except those specifical allocated to the Chancery Di " they also hear civil wrongs (torts), wrongs against the person eg. defamation of character and libel, a Piet ne oper 8 eS : ture 25 Full Ceremonial Drs of Lr ‘wrongs which may be against ‘people or property ~ eg, negligence oF nuisance. Judges of the Queen’s Bench Division hhear the most important criminal cases in the Crown Court. 3 “The Chancery Division: Historically, this court dealt with cases in which the rules of equity ‘used, The head of the Chancery ‘Division is the Chancellor ‘of the High Court (“the Chan¢ "There are currently 18 High Court judges is divided into two permanent divisions, criminal and attached to the Division family cases as well asa range of civil appeals, and the Criminal dertakes civil work of many Kinds ' appeals against criminal convietions and ae “The Chancery Division un business or property disputes, decisions of the Court of Appeal bind all lower courts. For the great ma- f Agpeal vue al overview: The Court of Appeal s the second most senior court inthe gal system, with only the Supreme Court ofthe United Kingdom sal only with appeals from other courts or tribunals, Appeals are get by Be judges, although appeals may be heard by 2 judges if, for example, agree , > partnership disputes, ty of cases, the Court of Appeal is the final court of is court of appeal, although in some y eompany law, 1 further appeal (generally on a point of law) li > disputes about wills or trusts, preme Court. Fe ales ‘omposition of the Court of Ap} Cc Qu peal: The judges of the Coust of Appeal > thesaleof land Fa ore Ralle the Present ofthe Qe enh resident of the Family Division jon, the President of the Fam! Family Division: The court is headed by pects of family matters: | he Lord or Lady Justices of Appeal and consists of 19 High Coart Judges. 1t deals with a > divorce, > disputes over children and financial claims, > adoption and care proceedings, "The Constitutional Reform Act 2005, created the Supreme Court > aerry exclusive jurisdiction in wardship ~ gives custody cof a minor (under jequences fr the House of Lords in the House of Lords in the way that al func daw eth court, with ay o-dy cae cried cout by an individ Z red to a newly established court. This change took place - October 2008. Supreme Court has no connection with Parliame a ion with Parliament. It has its ow. ee: nt. It has its own building, establishing the Supreme Court a compl Joust a complete separation between Parliament courts was achieved, emphasizing the independence ofthe Justices (com- led) Law Lords. Supreme Court local authority, hears appeals from decisions of Ma family matters. Judges in the High Court also heat appeals from the family court. > istrates’ Courts and County Courts in 1 saslonal English in Use ~ Law. Cambridge: Ca RICE. 5. Prof “EN; WORTLEY, R. AQA Law. Cheltenham: Nelson Thornes, ge Universitynt definition: Supreme Court, Circuit Judges, __ are low level members of igh they are not legal professionals and do not have substant - are lower level members ofthe judiciary. are responsible for most county court business, some High Court cases and gs. They usually sit alone. _ “catty out the majority of Crown Court rikand some county court and High Court w diciary to sit in the Criminal Division of the Court of Appe: _ are senior members of the judiciary, and hear the most serious types of Crown Court cases, as wel as sitting in the Court ‘Appeal, usually in the Criminal Division. reme Court ofthe UK in London Pleture 26: The Building of he: “The Supreme Courts the final court of appeal in the UK for civil eases and for criminal cases from England, Wales and Northern Ireland. It hears cases of the {ional importance affecting the whole population. 4 ‘Composition of the Supreme Court: The Supreme Court consists of 12 Jus tices supported by a professional legal and executive staff.” “The Court hears about 200 cases each year, the majority of which are civil Most appeals are heard by 305 Justices ofthe Supreme Court Leave to appeal must be obtained from the original court or from the Supreme Court itself are very senior members of the judiciary, ig permanently in the Court of Appeal. ‘The judges of the Supreme Court of the United Kingdom are known wy, , and they are also Privy Counsellors. greatest public or const in the missing words to the given text: Cases at a Magistrates’ court are heard either by the panel of two or three ‘Tribunals 3 cron judge who sits alone. He will “The system of cours in the United Kingdom is supplemented by asubstantia) 4 ually get through business significantly faster than his lay number of tribunals, Tribunals are an alternative to the court system. The court © mo need to retire to discuss _ _ and as a qualified _ System could not cope with the numberof disputes, so tribunals were created to {s ess likely to need to consul allow the public access to fast and inexpensive way of resolving disputes, Tibu- He is permanently —__ whale ate less formal than a court procedure; itis an alternative way to resolve Compared tothe professional judge, a dispute, Almost one million cases are dealt with by tubunals each year, Some a “apart from an allowance forloss of earnings and travel expenses. ‘examples of tribunals are: “They __ people from the community who. ‘their > Employment Tribunal, © yervices. The whole panel has equal decision ~ making __ ~ but only > Mental Health Review Tribunal, ’ the lead magistrate, known as the ‘will speak in court > Immigration Appeal, s > Lands Tribunal.” Note: for more information about tribunals see the chapter on ADR. Cf iwwrwsupremecourt.uk NEeICE § Professional English in Use ~ Law. Cambridge: Cambridge Un ty7. Jury Key words: fo summon, random, (in)eligib ‘conviction, acquittal, perverse verdict, majority verdict, unanimous verdict, forep- erson, appeal, discharge, deadlocked, mist Ploture 27: Petit jury Glossary Jury: These individuals are selected from the general population, they are the ive sample of the society. They consist of 12 lay persons who decide on gon the matters referred to it in “The jury is asked to giv in criminal proceedings jury cannot agree on a verdict at all, they are discharged and the accused may be re-tried by a different jury. In criminal proceedings may decide that the accused is not guilty of the offence charged, but guilty of some lesser offence. Foreperson: A foreperson is a jury member who acts as the chairman and spokesperson for the jury. S/he is the head juror. Qualified to be considered a candidate for a jury service, The ran- domly selected individual must meet all the prescribed cri ‘Challenges: lt is a procedure by which the lawyers may obj tion of ajury before it is sworn. ‘Unanimous verdict: A jury will rach a unanimous verdict when all its mem- bers share the same opinion. tothe composi- History of a jury teary ‘Trial by jury has been a feature of English law for hundreds of years. The way {in which the jury operates has developed over the years. The conegpt ofthe jury system was probably imported into Britain after the Norman Conguet, though ‘ts early functions were quite different from those today, Early Jurgtg.in England lisputes. 154-1189 ry began to take on an important function, 1g on events they knew about, to deliberating on evide ‘parties involved in a dispute. Gradually it became accepted that leas possible about the facts ofthe case before the tia, h is the position today. Piesent day jury In England, because of unwritten const ned in the constitution. Gener jon, the right to trial by jury is not ‘governed by ordinary Act ofthe Par- i the main statute governing the present jury is almost ion, false imprisonment, malicious prosecut ‘Nearly, $00 000 individuals are summoned for jury service each year. This is for a period of 2 weeks, but some trials are lengthy, and service continues he trial ends." Selection of the jury Jurors are chosen at randoms from the electoral roll to serve om a jury in u Crown Court reasonably close to where the juror ives. Ayperson responsible for «random selection of jurors is referred toas a court official oF simmoning officer. ‘A Juror may be summoned if they meet the following.crteria: > they are aged at least 18 and under 70 on the day on which the jury service is due to start, they are registered on the electoral roll, in the UK for a least § years after the age of 13. prepared on a random basis by a computer. This is dealt th by the Jury Central Summoning Bureau. ‘When a court is ready to select a jury, a court official chooses a group of people tat random from those in the jury assembly area. More pe into the ‘courtroom than the 12 required to make up the jury ~ usually 15 people are called forward. This is to allow for the random selection process to continue, to make sure that no one isa juror on a case with which they have a connection. An aver- trial lasts about a day and a half, Jurors may be called to sit on more than one ‘which may mean more than one per day. Jury service is one of the most important civic duties, All members of the pub- licare expected to perform this duty if called upon todo so. It is made compulsory. Ia person does not reply to the summons, fails to attend without good reason, or isnot available or is unfit through drink or drugs when called, that person may be PRICE, N; WORTLEY, R AQA Law, Cheltesham: Nelson Thornes, 2012, 5.101subject to the sanction up to £ 1 000 fine. Si thout good reason when on jury service, may be prosecuted. ty for jury service sever, some people are not eligible, or are disqualified from jury service, sively through the court officer called bailiff. The jurors may not have while others may be asked to have their service deferred, because their personal le phones or computers to ensure secrecy and discussions based circumstances make it difficult to carry out their duty at the time (such as thei snce. The bailiff passes notes from the jury to the judge whenever employment or vacation) certain instructions on some points of law, or they wish to re-examine inal Justice Act 2003, the following categories of people are | : 5 or material evidence. When they return their verdict they are not fo serve on juries: give reasons forthe decision orto disclose any other form of informa- > Dail: if'a person summoned is on bail for criminal offence, 3 1ow they reached the conclusion. conviction: if a person summoned has ever been sentenced, E the juries render guilty verdict, it leads to the defendant's conviction, disorders or mental health problems, dge will decide on appropriate sentence. Not guilty verdict will res physical disability (such as deafness) or insufficient understanding of Eng there is no judicial power to instruct juries to convict. What ‘not do is put pressure on juries to reach guilty verdicts. Finding of lenge to jury By) such pressure will result in overturning of any conviction so obtained. Judges isa procedure by which the parties may object to the composition of a jury the right and duty to advise the jury as tothe proper understanding and selected. Here are a number of challenges thorough which the lawyers can exclude of the law that they are considering, Even when the Juries are con- from the trial certain prospective jurors. Formerly, a challenge could be peremp~ their verdict, they may seek the advice of the judge. However, the judge tory, ie. with no reason for the challenge being giving. Peremptory ch such response/advice in open cou ‘were completely abolished in 1988. Both the parties have the right to challenge dict is entirely against the weight of the evidence or contrary to any or all of the jurors for cause. The fact that a juror is ineligible or disquall- fection on a question of law it is known as perverse verdict, Juries fied from the jury’s service would clearly be grounds for a challenge, but a juror ‘verdicts when they are sympathetic to the defendant's reasons ray also be challenged on the ground of bias. Challenge to the array: challenge cases, juries function is to decide on how much is based on the argument that the method of selection of prospective jurors was ney should be awarded in damages. not in accordance with the legal requirement (ie. was not random). If a lawyer ; suspects that a summoning officer acted improperly or iscriminatority in select: EAppenls from decision of the jury ing the panel, he may make a challenge to the array ~ he may challenge incorrect criminal law, itis an absolute rule that there can be no appeal against ‘method of selection. Such challenges are however rare. ion to acquit the person of the charges brought against him. There ty ofthe actual case being reheard, or the acquittal decision being “Tre YI oF ed ~~ group of jurors (usually 12) is selected at random to decide onthe-matters 1 clvil cases, the possibility ofthe jury's verdict being overturned on appeal of fact, whereas the judge decides on the matters of law. The juror’s role in the exist but only in circumstances where the original verdict was perverse, that criminal justice system is to decide-on-the-evidence presented whether a person § 10 reasonable jury properly directed could have made such a decision. is guilty or not guilty of the crime on the bass oftheir understanding of law as explained to them by the judge. Each juror takes an oath that ithfully try ity verdicts the defendant and give a true verdict according to the evidence”. Criminal trials by past, the requirement was that jury decisions had to be unanimous. jury take place only in the Crown Court 's such decisions are acceptable where there ate: . During the trial, jurors will listen tothe evidence and look atthe exhibits, such J as items involved in the crime, photographs, diagrams, images, ete. A juror can take notes, but these can only be used in the courtroom and the jury room. They 32. PRICE, N; WORTLEY, R. AQA Law Cheltenham: Nelson Thornes 02,they ate said to be deadlocked (hung) and the rest e to gi a judge cancels atrial before a verdict. There must be a new 2 f particular jurors or the jury 4 missing preposition: judge may discharge the whole jury at his diseretion if certain ir- 2 selected _ thelr peers, to render regularities occur, tobe excused jury service as____ right, to exclude ———- tobe challenged cause, charges___ the defendant, €u based cluding deafness, on the assumption that they would not be capable of un the matters offact, to be eligible juny service, an excuse 1 con ors, Nowadays, the judge shal afirm the jury summons unless 'y ______ the discretion __ the court, the judges instructions ual ce jose the word given below and make synonyms: : iberate, take an oath, fact finders, food/travel expenses elighility, ‘Arguments in favour of jury system > Jury best reflect the views of the society because of random selection from ‘a wide range of population, cd by his/her pe fer of common sense and does not require any specialized wk somebody formally to appear in court ~___—___——— raining, inion of the 12 jurors is better than the single opinion of the judge since ‘more likely prevent the individual biases, > the presence of the lay jury ensures that the proceedings are kept simple, te of being found not gulty ~ ke a formal promise in a court room = Arguments against the jury system > ‘The jury is an uneducated body in the law and is often unable to weigh evi- dence properly and to understand certain complex legal matters, the jury is not suitable for the complex fraud cases and these cases very often cause problem for the lay jury, 4 juries are often unable to understand the more complex distinction in the Jaw, ‘such as the distinction between murder and manslaughter, jurors may be dominated by two or three strong minded individuals in the j is a fact that juries can acquit defendants, this arises either from their inabi to perform their function properly, or from their sympathy with defendants, ‘or both, 4 hoose the answer that best fits into the gaps: ‘When the jury render guilty verdict it leads to the defendant's Eq) conviction ) acquittal 3 SAPPER, G; KELLY, D. The English Legal System. 13. vy. London ~ New York: Routledge, ©) discharge 2012-2013, 5. 505-506. from the jury to the judge — member of legal profession who decides the case on the matters of lew - 1 person against whom the court proceedings are brought ~_ ENGLISH FOR LAW STUDENTS: READER Le weno ENGUISH ROR LAW, STUDENTS. a a a A pot 1ror can be disqualified from jury service if procedure a) they are mothers with babies \) they are members of the clergy 6) they are people with mental disability 4 lefence, = som ean be done whenever there are any doubts as for the 4 : examination, judgement, appeal, appellant, re- random selection of the potential jurors. :nforcement of judgement ») challenge to the array ) peremptory challenge includes all the legal steps that precede the trial. Parties to a dispute couraged to seek alternative means of resolution without using the ordinary ‘After the jury are sworn in and took an oath, their duty is to: tem. If they fail to settle their dispute out of court, they file a claim a) produce sufficient evidence to convict the defendant ‘make decision purely on the matters of fact : ial begins with opening statements made by both counsels, followed by ex- ©) apply law to the charges q 1 of witnesses and resulting in ajudgment in favour of one of the parties. st-trial involves filing an appeal in case either party to a lawsuit is not sa When the jury decide against the weight of the evidence or contrary to the vith judgment of the case. judge's directions on a question of law, they render: a) perverse verdict Ete courts and the rules of civil procedure b) majority verdict there is no single codified source of ©) mistrial sion passed by Parliament and deci 4 the courts. English courts interpret legislation and are usually required to When the jury retires to deliberate, they communicate with the outside world ‘decisions on the same issue made by a court of equivalent or higher stat through: ‘The civil process i the set of rules and procedures that govern the way citizens a) bailiff cl lawyers must use the civil courts. They control such matters as which legal b) foreman 1s are heard in which couts, how the hearings are managed, and how expert «) judge es are to be used. Civil matters are heard at first instance (ie. not appeals) in either the County wurt or High Court. High Cour th claims in excess of £ 50 000. Civil Procedure Rules were int e E eddure used by the County Courts, High Court of Justice and the Court of Ap} 7) evil cases in England and Wales. The objective of the Civil Procedure Rules is th cases ina fair manner, to handle cases according to the amount of money involved, the importance and the complexity ofthe issues. The Rules also enable the puesto ete disputes without itgation through altemative dipute reson, © fart of proceedings . Pre-action matters: before proceedings are issued, parties are required to act reasonably in exchanging information and documents in an attempt to sett! lspute prior to litigation in court. Sanctions may be imposed against parties who to comply with this requirement, for example, a party may be ordered to pay F costs to the other party for falling to act reasonably.proceedings must gen jould only start at the High Court by financial value of the claim is more than £ 25 000 (or £50 000 forthe c la legal issues, remedies, procedure), and/or \e outcome of the claim to the public, of an expert on a par- claims involving libel or slander. iness may be im dealt with by the High Court will take approximately 12 band format 18 months to get to trial from the date of issue of the claim form. \ce he may give. An expert witness must be compl independent. ‘The claim form: civil proceedings begin when the court issues 2 claim form. | more than one expert witness per case if there are several areas of at the request of the claimant. The claim form (known as a statement of case) rust set > summary of the facts of the claim against the defendant, > the remedy which the claimant seeks, > the amount of money which he is ing and the amount he expects to: recover (as general damages for pain, suffering, etc.) The information in the claim form will be used by the courts in deciding how 1 allocate the case. . ‘The documents must be served on the defendant within 14 days of service of nancial value of the claim, claim form. The defendant must submit his response within 14 days of the 4 : ture of the remedy sought, y comple: number of parties 0 or defends the claim, value of any counterclaim, or files acknowledgment of service if he is unable to file a defence within the pe amount of oral evidence which may be required, specified period. b- the importance of the claim to persons who are not parties to the proceedings, If the defendant wishes to defend the claim, he must serve a defence, includ: views expressed by the parties, aim, normal in 28 days of receiving the claim fo > circumstances of the parties. serve a defence ot acknowledgment of service, "The scope of each track is as follows: Ay aio pets es ee > eta ae th damn martin S00 puns and cach partys position. ll court documents will be accompanied by a 3 + ele caf dae penalise thn 0p truth verifying the truth of the information contained in the docume q os Case management: All cases are actively managed by the courts to ensure that pcan they proceed properly. Case management also allows the court to try to encourage : 7 tos feancal vale of nt mre than 25000 pounds (fr praceeings sued on or the parties to settle their disputes without the need for trial, through alternative fer il 208) dispute resolution procedures (ADR). 4 i ‘ay dam whch alls ute the smal dams track othe fast-track, The mu-tack Disclosure of documents: a party must disclose to the ather party the docu- : cereal ed righ abe ss ‘ments (including electronic documents, for example, emails) it intends to rely on, 4 as well as the documents which adversely affect its own or another party's ease or support another party's case. This may include confidential documents if they : w= Fundamental terme and topics. Bratishave: Eurex, are relevant to the dispute. 4 flow: Pearson Education Limited, 200,ges attention to the relevant evidk law. However, before the start ofthe tral, the judge will generally read icon ately afte witness statements, experts’ reports and skeleton arguments draft Judgement may be given immedia he judge has reflected on the issues. Unlike The judge does not make his own investigations, but he may put ques- reserved until a later date when t Js, judges give reasons for their decision. IFa party seeks to appeal the ‘the permission of the court ~ permission to appeal ed circumstances. ts “Theremay be an opening speech on behalf of the claimant setting out ces of the claim, However, opening speeches are less important in a civil trial —e Judge wi already be aware of all the documentary evidence surround: ing the case and there will ben ing the case and there ile no equiement ose he sen fra jury though Costs: although itis at the discretion of the court, the general rule is thatthe have already been eae pea Jury presen, Witness statements sucessful party will be ordered to pay the costs of the successful party. Any , < e. Therefore, the statements 4 jure rules may te evidence-in-chief, The claimant and any other witr aie ay eve at pry successful d absence of unreasonable conduct, the successful party can expé roximately 60-65% of its legal costs from the losing party E adgement: when a judgement is obtained, the unsuccessful E party may make payment voluntarily. If it does not, various enforcement proce- ‘dures are aval Juding arranging fr assets to be seized and sold or obtaining charging order over the unsuccessful party's property. Tere is also the option of forcing the party into insolvency ifthe judgement sum is not paid owed). Counel forthe caiman is thn “testi mater rng fone cota coun or he dian Hel cl dene sane who lb anit poe cross-examined by the counsel for the claimant and re-examined by the pas a the defendant and claimant will st lel of damage that ould eared? nnn Yon eRe Ifa party to a civil lawsuit feels that the outcome oftheir case is incorrect, they certain circumstances) appeal against the decision. The right of appeal can on to matters of law and matters of fact. The party making an appeal is made is arise in {s referred to as the appellant and the party against whom the a referred to as the respondent. “There are several routes which a civil case might take on appeal. This will depend on: >the court in which the claimant began proceedings (County Court or the High Court), > the level of judge who made the decision which is being appealed. 37 FAFINSKI, S; FINCH, E. English Legal System, Harlow: Pestton Educ1e words given in order to create collocations: damages, speech, evidence, service, judgment, an ap- Picture twknowledgement of tle = Appeals from the County Court: 4 appeals against the decision of a district judge made in the County Court can 4 be made to a circuit judge and will usually be held within the County Court: appeals against the decision of a circuit judge made in the County Court cat - be made toa High Court judge and —— appeals against the decision ofa dist ’ ify verbs from the following definitions. The first letter is given: = to deposit with the clerk of the court a written complaint or petition the opening step in a lawsuit othe ig by a judge that all ora portion of the plaintiff’ lawsuit track in the County Court can be made directly 4 : to the Court of Appeal (Civil Division). q se ! Appeals from the High Court: 3 appeals against the decision of a High Court Judge ean generally be made to the Court of Appeal (Civil Division), q In certain circumstance, an appeal may be made directly from the High Court law ln foeee, to compel its cbedience tothe Supreme Cotes sapioggn the Cont of Appeal Teepe conn eee ee a ee called by te opporag le) as rocedure i only avallable a en > The trial judge grants a certificate. This will only be done with the consent eae ae ee ee ee of all parties and the case involves a point of general public interest. __~ to ask a higher court to reverse > The Supreme grants leave to appeal. ] Lee tae etn eee celle ‘The leapfrog procedure provides a shortcut for cases that would, in all prob- 4 = to determine that the ac tape ultimately have ended up being considered in the Supreme Court via the ~~ to solve a dispute between indivi Court of Appeal. I therefore offers savings in terms of both time and expense However, despite this, itis still used relatively infreque Every appeal cour effectively hus the same set of powers In effect, the appeal court has all the powers of the lower court. Meaning that it may, for example > affirm, set aside or vary any order or judgment made or given by the lower court, refer any claim or ise for determination bythe lower court, > order a new trial or hearing. idence or testimony I ___.~ to take legal action by a plaint {4, Put in the correct order particular stages of the civil process: a) Appeal ) Opening speech ©) Filing a lawsuit | FAFINSKT, 5; FINCH, E. English Legal System Harlow: Pearson Education Limited, 20,5, 146- riccna tenes .n eer ee aha Alternative methods of dispute resolution (ADR) ion: ways of resolving disputes other than through ite resolution. It may take attempt to resolve a dis tration: takes place where the parties refer the dispute to a third party I act like a judge and give a decision on the dispute which is called an award, yuna: less formal than a court, ternative way to resolve a dispute gislative rules indicate a specific route of re ‘Ombudsman: is a person who has been appointed to look into complaints About an organisation or some public body. Out of court dispute settlement Conflicts have existed in all cultures, religions, and societies since time lm- as long as humans have walked individuals and groups used a variety of ways to resolve thelr disputes, trying to reach a resolution acceptable to all parties. There is Ea common belief in all cultures that itis best to resolve disputes and to reach an = ygreed end to them, because conflict is @ destructive force. The field of ,conflict ion” has matured as a multiisciplinary field involving psychology, socio studies, law, business, anthropology, gender studies, political sciences, cis complex because it deals with con- tages of their existence, and also because it is a mix of theory ind practice, and of art and science. The search for efficient and better we) resolve disputes, and the art of managing conflicts, are as old as humani yet it has only been within the last thirty years or so that ADR as @ movement hhas begun to be embraced enthusi by the legal system. More recently, ADR has become institutionalized as part of many court systems and system ‘as a whole throughout the world, The ADR “movement” stared in response to the need to find more efficent ni. Today, ADR is flourishing throughoutmay not be really some technical knowledge. Where methods of dispute resolution it hearing, the rules of procedure lay down a fixed framework for the ich problems are addressed. This may be inappropriate in areas which ivate concern to the parties involved, Alternative methods can of the process. Imposed solutions Court hearings impose a solution onthe partes, which since it doesnot inva {heir consent, may not to be enforced. Ifthe parties are able to negotiate a settle- 2 ‘ween them, to which they both agree, this should be less of a problem. the ways that partes can sete disputes, : i ublicity fethods of ADR are ways of resolving rd party. majority of court hearings are public. This may be undesirable in some tes ou wu = e ide the judicial process (for- " ss disputes, where one or both of the parties may prefer not to make put ‘The main uses of thes es 3 at present are in , construction and employment i aoe ink ami consumer, ituation or business practices because of com have become increasingl Potting ‘Solan are rome ince Poplar because of the difficulties of trying | Court hearings might contain the following weak points: mal litigation - cou commerci resolution > Less of Satisfaction on Both Sides losing party is almost always angry and often prone to look 1 ways to violate the letter or spirit of any judgment. In contrast, a number of ies show that people who have freely arrived at their own solutions through =» snediation or other methods of ADR are significantly more likely to follow through. ‘And now let us proceed to some of the main methods of ADR: » The adversarial process A trial necessarily involves a winner: combined with the often aj patties, maki This can be ‘and a loser, and the adversarial procedure oe senive atmosphere of court proceedings divides the advantages even where they di not start ou that wa. Dae ae whee there is some reason forthe partis to sustain Problem under discussion is sorted out ~ child custedy Negotiation Negot -uss possible outcomes directly wi lemands, make arguments, and continue the discussion unti or an impasse declared. “The high number of civil cases settled out of court is examples of negot ‘on is one of the simplest forms of ADR in which parties to a dispute ‘each other. Parties exchange proposals and solution is reached, system is often said to be best suited to apn sea ‘areas where the parties are strangers and 5 QUINN, E.Englsh Legal System. 7. yd Pearson Edeation 5 539-540e¢ approaches to resol focus ~ interest-base in different outcomes. Interest-based negotiation: This approach shits the focus of the discussion from positions to interests. Because there are many interests underlying any tion, a discussion based on interests opens up a range of pos options, whereas positions very often cannot be reconciled a to a dead end, The dialogue on interest should be transpai ties to arrive at an agreement that tiations are “rights-b Rights-based negoti ‘may then attempt to resort to what they consider to be or international) and will result in a legal process in which the law is the dominant feature. Power-based negotiation: Resorting to threat or even violence as a way of | ‘communication for the purpose of persuasion is called power-based negotiation. 4 Rights-based and power-based approaches are used at times when parties cannot or are not willing to resolve their issues through interest-based negotiation. Mediation Mediation can be defined as negotiation facilitated by a third-party. Applying | this basic definition of mediation, it is evident that this process is used people who may not even realise that they are engaged in a mediation proces For example, a manager may informally mediate a dispute between two members of staff or a parent may mediate a dispute between two siblings. Such informal mediations are part of everyday life and settle a huge number of disputes without going to court with the help of a mediator ~ a neutral third person. A medi can play a valuable role in this process, facilitate a negotiation process which hhas come to a dead end, helping the parties concerned to focus on their essential {interests rather than defend (or attack) fixed positions. Unlike a judge, a mediator evaluate goals and options in order to come up with a solution that works for everyone. One exception to this rule is made for child-custody mediations in 4 a few states (Such as California), where a mediator has the power to recommend a solution to a judge if the parties cannot agree. Mediators use a variety of strategies and techniques during medi develop their personal style depending on their personality, experien in the role of mediation. The mediators have no power as far as what the outcome 4 of the process will be, but they have the responsibility to design the process, set {o RURGOOVA 2: DENOWEOVK.AFROZINA, :ROSOVA Palla Pps ina Barra ms between partes fail the parties. leas from each side for possible resolution, and assist ly put into e case, offer an opinion, and predict the outcome of the ease in court, ach, the mediators do not concern themselves with the process o ies. They focus on the settlement of the case and suggest em, ranged business partners might choose mediation towork sn agreement to divide their business. Some nonviolent criminal matters, such People who mediate through programs offered by small claims court are often ly more complicated cases nutes, or car accident claims) are day of mediation. Cases with joney, complex contracts, or business dissolution ~ may lst several days of to settle all the issues in divorce ~ property division and alimony, as well as child custody, visitation, ind support ~ may require half a dozen or more mediation sessions spread over * several weeks or months. Mediation compared toa lawsui‘many months, or even years, fidentiality. With very few ex ty few exceptions (for example w abuseis involved) whats ead during mediation xine out than those imposed by sed by a judge, . ‘ment is reached, ts writien down and f He tucersfal and an agree state otherwise. ms a legally binding contract, unless Arbitration the case and imposes ad s. Arbitration is often putes, particularly fier agree to hold all existing or future disputes to wing, specifically, what disputes ier binding oF non-binding. Now in that a decision cannot be iny > mecitn in imposed on Prnepal distinction Is that whereas « mediator ry to help the le ground on which to compromise, the (n bitter nana S aly removed from the settlement process and will only give a a rnination | f apropiae an ination of the quantum densee a In theory, arbitration has many advantages over co ion. Efficiency th i ry advantages over cour i - ie greatest. Proponents say arbitration is Proponents lo point to the greater ely wih whet act eno a tion. S terms and rules of the process. Furthermore, aoe oH tao can be lawyer they do ot ead tbe Ty amen pete apes in a particular area of business, and may be drawn fr cea ne ractice or from organizations. Significantly rect than vues P ° ly, arbitrators are freer to make decisions, because they do not have to abide by the = fees : 42. SLAPPER, G:KELLY,D.The Engh age sian P.The English Legal sem. 3, vy, London - New Yok: Rouge 201, oe ealing an award. tting the baby” —dividing awards evenly among ies. Yet even arbitrators agree that as arbitration has become increasingly netimes resembles litigation in its complexity. This may not be an the process as much as a result of flawed use of it. Par- lawyers do in a lawsuit: excessively is considered binding: parties who agree to arbitration are boun agreement and also bound to satisfy any award determined by the arbitrator. jons enforce awards. 1 system of the United Kingdom is part of the national justice yunals classed as non-departmental public bodies. Though it has ‘on an ad hoc basis since the beginning of the sms were put in place to build a unified system routes of appeal and regulatory supervision. The UK tribunal system is Act 2007 created a new unified structure for tribunals and recognises le .d members of tribunals as members of the judiciary. The tribunal he UK is extensive and handles an extremely wide variety of legal Security Appeal Tribu Immigration and Asylum Tribunal, the Mental Health Review Tribunal. Domestic junals are “in-house” tribunals often set up by professional bodies The ibunal will apply the rules of the particular organization to the dispute between rs Disciplinary Tribunal, the Bar Counci yunals consist of three members, namely a legally (for example, a qualified lawyer) and two lay members, who are selected from nel of persons who have expertise in the matter under dispute. Some tribunals have a chairperson who has expertise in the area of the parties’ dispute, rather {URUCOVA, Z; DEMOVICOVA, A; ROZINA,E;BOJSOVA,P. English or Leal Purposes Zia Eurokéex, 56-287 Dostupné na: qual. comy’35307759key-nformational ‘lash-cards. native form-of disputesthan a legal qualification, Generally, patties are encouraged to repre selves rather than using lawyers. The parties will attend, as will their witness A party does not need to employ a lawyer for representation at the tribunal. The party may choose te represent himself, be represented by a friend or by someone with an understanding of his complaint, such as a trade union member, Tribu ate free, no fees are charges in order to keep the system available to all Most tribunals ate obliged to give reasons for their decisions which has al lowed for more tribunal decisions to be challenged on appeal. The appeal may ns of an Employment king services ts about services provided by legal udsman ~ deals with disputes involving estate agents, letting managing agents, valuers, auctioneers and other property be to another tribunal ~ for example, appeal against dec ‘Tribunal pass to the Employment Appeal Tribunal and finally to the Court of Ap- peal. Appeals can only be made on a point of law. Probation Ombudsman, 1s Ombudsman. Ombudsman Using an ombudsman is a way of trying to resolve a complaint of an indi vidual against an institution or a government department or certain other publie bodies without going to court. In most cases, the harmed party must complain to the institution (or gov- cemment department or public body) first, before they make a complaint to the ‘ombudsman, “The ombudsman’s job is to investigate cases of maladministration. This means the way in which the institution has dealt with a situation or reached a decision. Examples of maladministration include: an organisation does not follow its own policies or procedures, rudeness to customers/clients, delay in taking action or failing to take action, ‘sin the civil court system are well known, and waiting for a case to treating someone unfairly compared to others, q . jurt may, especially in commercial cases, add considerably to the overall giving wrong or misleading information to customers/client, 3 versely affect business. The ombudsman will only look into a case where an individual (or in some ‘cases group of individuals) has suffered personal injustice, hardship or financial loss because of the action or lack of action of a particular institution, fan ombudsman finds that their complaint is justified, they will recommend what the institution should do to put things right. An ombudsman can't force an organisation to go along with their recommendations, but institutions almost always do. ‘The ombudsman is independent, free of charge and impartial ~ that is, they don't take sides with either the person who is complaining or the institution being complained about. ‘There are a number of ombudsmen: > the Parliamentary and Health Service Ombudsman who investigates com- plaints about government departments and certain other public bodies. They can also look into complaints about NHS hospitals or community health servi- es try to work without any need for legal representation, and at do involve lawyers may be quicker and therefore cheaper than fe methods tend to be more informal than court procedures, without «rules of evidence. The process can therefore be less intimidating and than court proceedings. « who run alternative dispute resolution schemes often have specialist ge of the relevant areas, which can promote a fairer as well as a quicker with ADR: ‘of legal expertise ‘a dispute hinges on difficult points of law, an arbitrator may not have ed legal expertise to judge.No system of precedent ‘There is no doctrine of precedent, and each case is judged on ing no real guidelines for future cases. Enforcement Decisions not made by courts may be difficult to enforce. settlement, an arbitral panel, Dispute Resolution (,ADR" ) refers to any means of Tasks: ‘ADR typically includes early 1. Match the terms according to their meaning to create pairs of synonyms formal litigation, method, lawsuit, conversation, scope, form, suggest agreement, nonjudicial, enemies, result, assist, settle 4 attempted first to resolve a dispute. It is judicial process ~ mn. It allows the parties to meet in order disagreeing parties ~ alternative - _ settlement ~ - is that it allows the parties themselves to control the proc- (and the solution. Medi ternative to. ____ate individuals trained in negotiations, who bring oppos- es together and attempt to work out an agreement that both partes ac- cept or reject. A mn is a simplified version of a trial involving limited discov- ery and simplified rules of evidence. The arbitration is headed and decided by _. To comprise a pane, either both sides agree on one arbitra- > each side selects one arbitrator and the two arbitrators elect the third. Arbi- mn ___usually last between a few days to a week, and the 7 panel only meets fora few hours per day. The panel then 2. Choose suitable verbs from the word bank and match them with their and issues a written decision, or . “Arbitration has long definitions: © been used in labour, construction, and securities regulation, but is now gaining tobe bound to, to enforce to settle, to work out, to elicit, to mediate, to impose, = popularity in other business to guide, to facilitate, to come up with, to litiga i to end an argument or solve a disagreement ~ _ to order that a new rule, punishment, tax, ete. is used — to take a claim agai to find the answer to something, to solve ~ to get information or reaction from someone ~ _ ‘to make it easier for a process or activity to happen — _ to think of an idea or answer tobeforcedtodowhata law oragreement tosay that something willhappenbeforeithappens— tomakesure that people obey aparticularruleorlaw — discussion = 46 BLLIOT, C; QUINN, F. English Legal System. 7. vyd, Harlow: Pearson Education Limited, 200 5 546-548,