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U.S. Court System Overview and Exercises

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0% found this document useful (0 votes)
28 views17 pages

U.S. Court System Overview and Exercises

Uploaded by

Thanh Mai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

TEST 1

I. Circle the best answer (a, b, c, d) in the following sentences.


1. ……………..terms can also be enforced by use of a license manager, which
controls where and how the software is able to run.
a. License(v) b. Licensed c. Licence(n) – Giấy phép d.
Licensing
2. In case the negotiation before a trial is …………………….. the plaintiff may
withdraw his claim against the defendant.
a. achievable b. completed c. gainful d. successful
3. A stipendiary is a full-time paid magistrate who has …………. as a lawyer.
a. qualification b. adequate c. qualified d. inadequate
4. Our ……….…commercial litigation practice area comprises insurance and
reinsuarance litigation, securities and commodities disputes, partnership law,
bankruptcy and business torts.
a. instanding b. offstanding c. onstanding d.outstanding
5.. The ………..………sentences the defendant after the jurors have brought in a
guilty verdict.
a. jurist b. judge – thẩm phán c. foreman d. jury
6. They acted in a way which was beyond their ……………….. powers.
a. correct b. rightful c. legitimate – hợp pháp d. proper
7.. The head of our Projects team will lead the team providing ……………to you..
a. legally service b. legal services(dịch vụ pháp lý) c. legally services
d.legal service
8. There is a serious environmental problem in the Centre of Vietnam the government
must try to ……………before it is too late.
a. handle b. argue c. deal(thỏa thuận) d. agree

II. Read the text and do the tasks


The U.S. court system is divided into two administratively separate systems, the
federal and the state, each of which is independent of the executive and legislative
branches of government. Such a dual court system is a heritage of the colonial period.
By the time the U.S. Constitution had first mandated (1789) the establishment of a
federal judiciary, each of the original Thirteen Colonies already had its own
comprehensive court system based on the English model. Thus, the two systems grew
side by side and came to exercise exclusive jurisdiction in some areas and
overlapping, or concurrent, jurisdiction in others.
Of the two systems, the federal is by far the less complicated. The federal judiciary is
divided into three main levels.
At the bottom are the federal district courts, which have original jurisdiction in most
cases of federal law. There are from 1 to more than 20 judges in each district, and, as
with most federal jurists, district court judges are appointed by the President and
serve for life. Cases handled by the federal district courts include those relating to
alleged violations of the Constitution or other federal laws, maritime disputes, cases
directly involving a state or the federal government, and cases in which foreign
governments, citizens of foreign countries, or citizens of two or more different states
are involved.
Directly above the district courts are the United States courts of appeals, each
superior to one or more district courts. Established by Congress in 1891, the court of
appeals system is composed of 11 judicial circuits. There are from 6 to 27 judges in
each circuit. In addition to hearing appeals from their respective district courts, the
courts of appeals have original jurisdiction in cases involving a challenge to an order
of a federal regulatory agency.
The highest court in the federal system is the Supreme Court of the United States.
It is composed of one Chief Justice and eight Associate Justices. The Supreme Court
sits in Washington, D.C., and has final jurisdiction on all cases that it hears. The high
court may review decisions made by the U.S. courts of appeals, and it may also
choose to hear appeals from state appellate courts if a constitutional or other federal
issue is involved. The Supreme Court has original jurisdiction in a limited number of
cases, including those that involve high-ranking diplomats of other nations or those
between two U.S. states.

A. Decide if the statements are true or false:


1. The U.S. court system is divided into two separate systems.
2. Such a dual court system has recent origin.
3. Both systems exercise exclusive jurisdiction in some areas and overlapping, or
concurrent, jurisdiction in others.
4. The federal judiciary is divided into three main levels.
5. The highest courts are the federal district courts, which have original jurisdiction in
most cases of federal law.
6. The Supreme court is composed of nine justices.
7. The Supreme Court has final jurisdiction on all cases that it hears.

B. Read the text again and fill in the gaps:


1. Of the two systems, the federal is by far the less ……..
2. There are from 1 to more than 20 ……..……. in each district.
3. District court judges are appointed by the … and serve for ….
4. Directly above the district courts are the United States courts of ….
5. Established by Congress in 1891, the court of appeals system is composed of 11
judicial ….
6. The courts of appeals have original jurisdiction in cases involving a challenge to an
order of a federal ….
7. The highest court in the federal system is the ……..……. of the United States.
8. The high court may …….…..… decisions made by the U.S. courts of appeals.
9. The Supreme Court may also choose to hear appeals from state appellate courts if a
……………... or other federal issue is involved.
10. The Supreme Court has original jurisdiction in a …………. number of cases.

C, Match the term with its definition:


1. District court - G A, the power, right or authority to apply the law
2. Allege - D B, the act of breaching of right, duty or law
3. Violation - B C, to argue, to call into question
4. Jurisdiction - A D, to assert without proof or before proving
5. Appeal -H E, to select for an office or position
6. Dispute - C G, the lowest court in the USA
7. Appoint - E H, to take a case to a higher court for rehearing
and a . new decision
III. Translate the following sentences into Vietnamese
1. Public administration is a feature of all nations, whatever their system of
government. It is concerned with implementing government policies at all levels:
national, regional (or federal) and local.
→ Hành chính công là một đặc điểm của tất cả các quốc gia, bất kể hệ thống chính
phủ của họ là gì. Nó liên quan đến việc thực hiện các chính sách của chính phủ ở tất
cả các cấp: quốc gia, khu vực (hoặc liên bang) và địa phương.
2. To become a Supreme Court justice you must have been a senior judge for at least
two years or a qualified lawyer for at least 15 years.
→ Để trở thành thẩm phán Tòa án Tối cao, bạn phải là một thẩm phán cao cấp ít nhất
hai năm hoặc một luật sư có trình độ ít nhất 15 năm.
3. For a long time in the United Kingdom the highest court of appeal was the House
of Lords, the upper house of Parliament. 12 members – all legal experts – of the
House of Lords were selected to carry out this judiciary function, though normally a
case was heard by a panel of five judges.
→ Trong một khoảng thời gian dài ở Vương quốc Anh, tòa phúc thẩm cao nhất là Hạ
viện, thượng viện của Quốc hội. 12 thành viên – tất cả đều là chuyên gia pháp lý –
của Hạ viện đã được chọn để thực hiện chức năng tư pháp này, mặc dù thông thường
một vụ án được xét xử bởi một hội đồng gồm năm thẩm phán.
4. In England and Wales over 95 per cent of all civil and criminal cases are heard at a
Magistrates’ Court where there is no jury. Youth courts are run on similar lines to
Adult magistrates' courts but deal with offenders aged between 10 and 17.
→ Ở Anh và xứ Wales, hơn 95% tất cả các vụ án dân sự và hình sự được xét xử tại
Tòa án Sơn thẩm nơi không có bồi thẩm đoàn. Các tòa án thanh thiếu niên được điều
hành trên các dòng tương tự như các tòa án thẩm phán dành cho người lớn nhưng đối
phó với những người phạm tội trong độ tuổi từ 10 đến 17.
5. More serious criminal cases, such as murder, rape or robbery, are tried at the
Crown Court. If you are found guilty in a Magistrates’ Court but deserve a sentence
that is more than that court can give, then your case is sent to the Crown Court for
sentencing. The Crown Court also hears appeals against a Magistrates’ Court verdict.
→ Các vụ án hình sự nghiêm trọng hơn, chẳng hạn như giết người, hiếp dâm hoặc
cướp, được xét xử tại Tòa án Hoàng gia. Nếu bạn bị kết tội tại Tòa án Sơn thẩm
nhưng xứng đáng nhận bản án nhiều hơn mức mà tòa án đó có thể đưa ra, thì trường
hợp của bạn sẽ được gửi đến Tòa án Vương miện để tuyên án. Tòa án Hoàng gia
cũng nghe các kháng cáo chống phán quyết của Tòa án Sơ thẩm.
TEST 2
A. Read the text and do the tasks
The term financial law refers to the legal framework surrounding the process of
raising or providing funds or capital. Financial law may apply to areas of law dealing
with everything from mortgage and credit card interest rates to mergers and
acquisitions.
Financial regulations are enforced to prevent market manipulations like insider
trading, to ensure the competence of professionals in the financial industry, to
investigate complaints, and to protect consumers. Acts of financial law are designed
to reduce violations and maintain confidence in the overall financial system.
Financial law covers a multitude of areas. An agency and a set of rules exist for
nearly every type of financial product or infrastructure.
Securities law governs the transfer of shares, stocks and bonds. This branch of
financial law regulates the exchange of money market instruments, commodities,
derivatives, futures, and options. Securities law also regulates brokerage and broker-
dealer behavior and disputes.
Corporate law deals with the formation and regulation of companies, including
financing, public offerings and the makeup of corporate boards. Corporate law also
covers company behavior including ethics and social responsibility.
Related to corporate law is antitrust and competition law. The Department of
Justice and Federal Trade Commission use this set of laws and regulations to monitor
mergers and corporate takeovers. These two agencies make sure no one company or
small group of companies is able to control prices or otherwise manipulate the market
in a way that harms consumers or smaller businesses.

Decide if the statements are true or false(T/F):


1. The term financial law refers to the legal framework surrounding the process of
raising or providing funds or capital.
2. Financial law may apply to areas of law dealing with financial crimes.
3. Financial regulations are enforced to prevent market manipulations.
4. Acts of financial law are designed to reduce violations and maintain confidence in
the overall financial system.
5. Financial law covers a small number of areas.
6. Securities law governs the transfer of shares, stocks and bonds.
7. Corporate law deals with the formation and regulation of state policy.
8. The Department of Justice and Federal Trade Commission use the set of laws and
regulations to monitor mergers and corporate takeovers.

B.. Fill in the gaps:


1. Financial law may apply to areas of law dealing with everything from …...……
and credit card interest rates to ………….. and ……..…….
2. Financial regulations are enforced to prevent market manipulations like …………..
3. Acts of financial law are designed to reduce ……..… and maintain confidence in
the overall ….
4. An agency and a set of rules exist for nearly every type of ………….. or
infrastructure.
5. Securities law also regulates ……………. and broker-dealer behavior and
………….

C. Match the term with its definition:

1. Share -d a, article of trade, esp. a raw material or product as


opposed . . . to a service.
2. Mortgage e b, to make someone obey a duty, an agreement or a law
etc.
3. Stock c, a conveyance of property to a creditor as security for
a... debt
4. Commodity d, each of the equal parts into which a company's capital
is . divided, entitling its owner to a proportion of the
profits.
5. Merger h e, сcommerce certificate issued by a government or a
. company promising to repay borrowed money at a fixed rate of
. interest.
6. Competition law g f, a capital of a business
7. Bond g, the body of law that regulates business activities and
. markets, especially agreements and practices that
limit . . . . . competition
8. To enforce h, combining, esp. of two commercial companies etc. into
. one.

IV. Translate the following sentences into Vietnamese


1. Essential to the common law is the hierarchy of the courts in all of the UK
jurisdictions and the principle of binding precedent.
…………………………………………………………………………………………
…………………………………………………………………………………………
2. In practice, this means that the decision of a higher court is binding on a lower
court, that is, the decision must be followed, and in the course of a trial the judges
must refer to existing precedents..
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
3. In a criminal trial, the burden of proof is on the prosecution to prove beyond
reasonable doubt that the accused is guilty.
…………………………………………………………………………………………
…………………………………………………………………………………………
4. Some barristers are in employed practice and may only represent their employer,
for example as in-house counsel or in government departments like the Crown
Prosecution Service
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
5. Candidates must have practiced as a lawyer or judge for a specified time and must
meet other statutory requirements for specific posts
…………………………………………………………………………………………
…………………………………………………………………………………………
V. Circle the best answer (a, b, c, d) in the following sentences.
1. ……………..terms can also be enforced by use of a license manager, which
controls where and how the software is able to run.
a. License b. Licensed c. Licence d. Licensing
2. In case the negotiation before a trial is …………………….. the plaintiff may
withdraw his claim against the defendant.
a. achievable b. completed c. gainful d. successful
3. A stipendiary is a full-time paid magistrate who has …………. as a lawyer.
a. qualification b. adequate c. qualified d. inadequate
4. Our ……….…commercial litigation practice area comprises insurance and
reinsuarance litigation, securities and commodities disputes, partnership law,
bankruptcy and business torts.
a. instanding b. offstanding c. onstanding d.outstanding
5.. The ………..………sentences the defendant after the jurors have brought in a
guilty verdict.
a. jurist b. judge c. foreman d. jury
6. They acted in a way which was beyond their ……………….. powers.
a. correct b. rightful c. legitimate d. proper
7.. The head of our Projects team will lead the team providing ……………to you..
a. legally service b. legal services c. legally services d. legal service
8. There is a serious environmental problem in the Centre of Vietnam the government
must try to ……………before it is too late.
a. handle b. argue c. deal d. agree

End of the test

TEST 3
I. Circle the best answer (a, b, c, d) in the following sentences.
1. The head of our Projects team will lead the team providing ……………to you on
the matter of your instruction.
a. legal service b. legally service c. legally services d. legal services
2. After the entry into ………..… of the Treaty on European Union, the economic
integration gained practical importance for its members.
a. power b. strength c. affect d. force
3. A company may be funded by a loan, for example from a bank, on which it
pays .................. .
a. interest b. money c. currency d. bills
4. The obligations cannot be implemented when one of the parties …………..to
fulfill such obligations
a. misses b. fails c. ignores d. disregards
5. Negligence is not a ……………. unless it results in the commission of a wrong.
a. crime b. failure c. tort d.breach
6. ……………..terms can also be enforced by use of a license manager, which
controls where and how the software is able to run.
a. License b. Licensed c. Licence d. Licensing
7. An action in tort may result in ………….. on the part of the defendant and
damages awarded to the claimant.
a. liability b. respond c. ability d. obligation
8. Samples of blood(máu), items(vật dụng) of clothing and written documents are all
forms of ………………..
a. evidence (bằng chứng) b. deposition c. examples d. Affidavits
9. The penalties for causing environmental (môi trường)……………….are
considered by some to be too lenient.
a. breakdown b. depravity c. pollution (ô nhiễm) d. spoilage
10. The Articles of Association set out the ………between the company and its
shareholders.
a. relatives b. relations c. related d. relationship
II. Find words in the box which match these definitions below
Ordinan Directi B regulat sta
ce ve ill ions tut
e

1……………… regulations rules issued by a government agency to carry out the


intent of the law; authorized by a statute, and generally providing more detail on a
subject than the statute.
2 …………..… law enacted by a town, city or county government.
3 ………….……draft document before it is made into law.
4 ……..………..…legal device used by the European Union to establish policies at
the European level to be incorporated into the laws of the Member States.
5 ………………. formal written law enacted by a legislative body
III. Match the verbs with the appropriate phrases

1. to produce satisfactory a. business relationship


2. to take all b. the mandatory requirement
3. to lay down c. evidence of his identity
4. to head up d. reasonable steps
5. to agree to form a e. a team of nine

IV. Read the following text and then answer the questions
The term capitalization refers to the act of providing capital for the company through
the issuance of various securities. Initially, company capitalization takes place
through the issuance of shares as authorised in the memorandum of association1(us)
article of incorporation. The authorised share capital2 (US) authorized shares, the
maximum amount of share capital that a company can issue, is stated in the
memorandum of association, together with the division of the share capital into
shares of a certain amount (e.g. 100 shares of £1). The memorandum of association
also states the names of the subscribers. The minimum share capital for a public
limited company in Great Britain is £50,000. Issued share capital, as opposed to
authorised share capital, refers to shares actually held by shareholders. Accordingly,
this means that a company may authorize capital in excess of mandatory minimum
share capital but refrain from issuing all of it until a later date - or at all.
The division of share capital usually entails two classes of shares, namely ordinary
shares3 (US) common shares and preference shares4 (US) preferred shares. The
ordinary shareholders has voting rights, but the payment of dividends is dependent
upon the performance of the company. Preference shareholders, on the other hand,
receive a fixed dividend irrespective of performance (provided the payment of
dividends is legally permitted) before the payment of any dividend to ordinary
shareholders, but preference shareholders normally have no voting rights. There is
also the possibility of share subdivision, whereby, for example, one ten-pound share
is split into ten one-pound shares, usually in order to increase marketability. The
reverse process is, appropriately enough, termed share consolidation.

1. What does the capitalization mean?


…………………………………………………………………………………………
…………………………………………………………………………………………
2. How does the company capitalization take place?
…………………………………………………………………………………………
…………………………………………………………………………………………
3. How much is the minimum share capital for a public limited company in the UK?
…………………………………………………………………………………………
…………………………………………………………………………………………
4. Who are entitle to voting rights?
…………………………………………………………………………………………
…………………………………………………………………………………………
5. Which element is the payment of dividends dependent upon?
…………………………………………………………………………………………
…………………………………………………………………………………………

V. Replace the underlined words/ phrases with other words/ phrases that have
the similar meanings .
1. The drafting of legislation is done by qualified barristers ……………..
employed as civil servants, known as Parliamentary Counsel.
2. The government and, less commonly, MPs can .…………….
put forward Bills.
3. Choosing an appropriate business medium depends ……………..
on a number of factors, such as the size and type of business.
4. Obviously, I also take incoming calls when the fee ……………..
earners aren’t available and I let the caller know
the solicitor will call them back.
5. It is possible to become unintentionally involved in a situation ……………
where you carry out activities on behalf of someone else..

VI. Translate the following sentences into Vietnamese

1. It is possible to become unintentionally involved in the money laundering


transaction in the course of, for example, a property purchase.
…………………………………………………………………………………………
…………………………………………………………………………………………
2. It is a defence for that person to show that he took all reasonable steps and
exercised all due diligence to avoid commiting the offence.
…………………………………………………………………………………………
…………………………………………………………………………………………
3. Some barristers are in employed practice and may only represent their employer,
for example as in-house counsel or in government departments like the Crown
Prosecution Service.
…………………………………………………………………………………………
…………………………………………………………………………………………
4. We shall retain ownership of the goods until you have finished paying for them.
…………………………………………………………………………………………
………………………………………………………………………………………….
5. Directive is used by the European Union to establish policies at the European level
to be incorporated into the laws of the Member States.
…………………………………………………………………………………………
…………………………………………………………………………………………
TEST 4
I. Circle the best answer (a, b, c, d) in the following sentences.
1. It looked like my signature on the cheque but it was not – someone had ………...it.
a. reproduced b. forged c. cheated d. framed
2. There are several elements which a judge looks for in deciding whether a legally
…………… precedent exists.
a. binding b. compulsory c. obligatory d. requisite
3. An applicant claims that the defendant is about to dispose of ………..…..that
infringes his/her rights before there can be a hearing.
a.dispute property b.disputed property c.disputation property d.disputing property
4. One of the key elements in the creation of an …………….market among the
member states of the European Community.
a. inside b. interior c. internal d. inner
5. By taking over the company we shall gain …… ……new market.
a. access from b. access for c. access d. access to
6. ……………..terms can also be enforced by use of a license manager, which
controls where and how the software is able to run.
a. License b. Licensed c. Licence d. Licensing
7. In case the negotiation before a trial is …………………….. the plaintiff may
withdraw his claim against the defendant.
a. achievable b. completed c. gainful d. successful
8. A stipendiary is a full-time paid magistrate who has …………. as a lawyer.
a. qualification b. adequate c. qualified d. inadequate
9. Our ……….…commercial litigation practice area comprises insurance and
reinsuarance litigation, securities and commodities disputes, partnership law,
bankruptcy and business torts.
a. instanding b. offstanding c. onstanding d. outstanding
10. The ………..………sentences the defendant after the jurors have brought in a
guilty verdict.
a. jurist b. judge c. foreman d. jury

II. Find words in the box which match these definitions below
exercised all The Bench automatic money laundering damages
due diligence right

1. ………..…- financial compensation for loss or injury.


2. ………..….- collective word for a group of judges and the name of the place where
a judge sits in court.
3. ………………...- a right that exists as soon as a work that can be protected by
copyright is created in material form.
4. ……………………..- took every care and carried out required procedures
5. ……………………. - process by which finance obtained through crime is used in
such a way that it appears to originate from a legitimate source

III. Make word combinations

1. subject a. presumption
2. counter b. parties
3. legally c. offer
4. rebuttal d. binding
5. contracting e. to contract

IV. Read the following text and then answer the questions

Every year there is an increase in the number of laws, layers, and legal cases in the
courts. To a large extent, this increase is due to the economic growth in the world;
more business means more transactions, more possibilities for conflict and confusion,
and consequently more legal activity to regulate business. If you set up a business,
even a very small one, you will start buying and selling products and services, and
perhaps, employing people, buying or renting land, and borrowing money. In order to
engage in all of these activities, you need to have some knowledge of basic legal
principles such as contract, tort, and land law. And you will need to know about any
laws specifically relevant to your kind of business, such as statutes regulating
companies. If you do not run your business honestly you may also need a knowledge
of criminal law! In 1991, a series of Japanese companies faced fines or suspension of
activities for making illegal payments to certain clients. Imelda Marcos has been
charged both in Manila and in the United States with improperly handling millions of
dollars while her husband was President of the Philippines.
Nearly every general area of the law is relevant to running a business, and nearly
every country has its own set of laws designed specifically to regulate business. The
attempts of the European Community to create a single market by 1993 show just
how difficult it can be to harmonize business laws. In this chapter we will try to make
some sense of this complex area of the law by taking English law as a model and
making some international comparisons. Throughout the world, most businesses face
similar problems; they must determine their organizational forms, duties to clients;
investors and employees; tax liabilities; and ability to minimize losses if the business
fails.
Unlike many legal systems, English law has never developed a comprehensive code
of company law. Instead, the relevant law is found partly in cases decided according
to the principles of common law and equity and partly in statutes. Between 1985 and
1986, a series of statutes was passed to consolidate many previous statutes. The most
importance of these was 1985 Companies Act.

1. Why is there an increase in the number of laws, layers, and legal cases in the
courts every year?
…………………………………………………………………………………………
…………………………………………………………………………………………
2. What does the writer advise you if you set up a business?
…………………………………………………………………………………………
…………………………………………………………………………………………
3. Why does nearly every country have its own set of laws designed?
…………………………………………………………………………………………
………………………………………………………………………………………….
4. What the common problems do the most world businesses face with?
…………………………………………………………………………………………
………………………………………………………………………………………….
5. When was Companies Act passed in the UK?
…………………………………………………………………………………………
………………………………………………………………………………………….

V. Replace the underlined words/ phrases with other words/ phrases that have
the similar meanings .
1. We have to decide whether there is a possible case (-> imaginable situation).
2. Judges are required to follow (-> pursue) the ratio, or reasoning, in relevant
previous decided cases.
3. The Company’s purposes ( -> intention ) are to carry on for profit, directly or
indirectly, whether by itself or through subsidiary.
4. Drafting of legislation is done (-> made. ) by qualified barristers employed as civil
servants, known as Parliamentary Counsel.
5. If a dispute arises with reference to (-> indication) the satisfaction of the pre-
conditions, the Purchasers may cancel the agreement.

VI. Translate the following sentences into Vietnamese


1. The sale and purchase hereby agreed is conditional upon and subject to the
following conditions being satisfied on or before the Completion Date.
…………………………………………………………………………………………
…………………………………………………………………………………………
2. The Committee needs to ensure the Bill incorporates the principles agreed so they
check it by scrutinizing the provisions.
…………………………………………………………………………………………
…………………………………………………………………………………………
3. The other extremely important point is that the claimant must bring the claim
within the limitation period.
…………………………………………………………………………………………
………………………………………………………………………………………….
4. Building work started on a major construction project before all the elements of the
contract had been agreed.
…………………………………………………………………………………………
…………………………………………………………………………………………
5. The invention has to be novel and must not have been disclosed before.
…………………………………………………………………………………………
…………………………………………………………………………………………

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