The English legal system

One remarkable feature of the English legal system is that an important part of the law has never been considered, debated or approved by any Parliament. Many of the laws of England are contained in the reports of cases decided by judges.

They constitute an authoritative «precedent» for all judges to follow.

At present the English judicial system is basically pyramidal in organization.

At the top of the pyramid is one final appellate tribunal, the House of Lords. Beneath it is the Court of Appeal, the intermediate appellate court which hears both criminal and civil appeals.

Beneath these appellate courts are two separate systems of trial courts, one for criminal cases and the other for civil cases.

The separation of civil and criminal courts is largely a legal fiction, the same judges presiding over both courts. On the civil side are the High Court, a court of general jurisdiction and the County Court. It has only limited jurisdiction. On the criminal side are the Crown Court, a court of general jurisdiction and the Magistrates’ Court. The last has only limited jurisdiction.

The High Court justices and the County Court judges are all barristers. Outside of London and a few other large cities, the magistrates are laymen. They sit only occasionally to try cases. In the largest cities, there are full-time stipendiary magistrates. They must have legal training.

V. Do the following exercises:

Exercise 1. Read and translate the following phrases into Russian:

a remarkable feature, an authoritative «precedent», limited jurisdiction, general jurisdiction, stipendiary magistrates, the separation of civil and criminal cases, a legal fiction.

Exercise 2. Read and translate the following words and phrases into English: судебная система, рассматривать закон, на вершине пирамиды, промежуточный апелляционный суд, председательствовать в суде, заседать изредка, юридическое образование.

Exercise 3. Express your agreement or disagreement. Use the following phrases That is right / That is not right.

1. The High Court justices are all barristers.

2. The County Court judges are solicitors.

3. The magistrates in small towns are professional lawyers.

4. The magistrates in London and some other big cities are laymen.

Note: solicitor – стряпчий (дающий советы клиентам и подготавливающий дела для адвоката, но имеющий право выступать только в низших судах)