Задача по "Английскому языку в сфере юриспруденции"

Judges Task: read the text and focus on its main points.

The judge is the presiding officer of the court. The statutory basis for the appointment of judge’s dates from the Act of Settlement 17001. Under the original arrangements the districts were grouped into 60 county court circuits, each with its own judge appointed by the Lord

Chancellor from barristers of at least seven years’ standing. On the re-organisation of the criminal courts under the Courts Act 1971 the existing county court judges became Circuit judges. Every Circuit judge is by virtue of his or her office capable of sitting as a judge for any county court district and at least one is assigned to each district by the Lord Chancellor. A fulltime District judge is barred from legal practice. District judges were formerly called registrars; the change of title reflected the fact that their functions are now judicial. They are responsible for procedural steps in court proceedings. Their administrative functions have now been transferred to substantial staffs of clerks and bailiffs.

Judges themselves are not a separate profession: they are barristers who have demonstrated competence in litigation and have been elevated to the bench2, itself a name derived from the part of the Court where they sit. A barrister always enters the judiciary at the lower trial level. He is thereafter promoted, if he proves successful in the initial judicial post.

The traditional function of judges is to apply existing rules of law to the case before them. The judge decides the interpretation of the law.  After all the evidence has been given the judge summarizes the case, both law and facts, for the jury. This is called his summing up.

Judges are capable of “making law” both through the interpretation of statutes and the doctrine of precedent. When an Act of Parliament makes no provision for the case in question and there is no existing precedent, the judge must, if necessity, create a new law.

Judges are not under the control of Parliament, or the Civil Service. The independence of the judiciary is a fundamental principle of constitutional law. Closely related to judicial independence is the doctrine of judicial immunity.  

The professional judges, “High Court Judges”, deal with the most serious crimes. They are paid salaries by the state. Alongside with the professional judges there are unpaid judges. They are called “Magistrates” or “Justices of the Peace” (JPs)3. They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense”4 and understanding of their fellow human beings.

Magistrates are selected by special committees in every town and district.  Nobody, even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from different professions and social classes.

The work of the Magistrates’ Courts5 throughout the country depends on the unpaid services of  JPs.

Notes: 

1. Act of Settlement   –   акт о престолонаследии
2. be elevated to the bench   –   возвысить до положения судьи
3. Magistrate, Justice of the Peace (JP)  –  судья, мировой судья
4. “sound common sense”   –   (зд.) чувство здравого смысла
5. Magistrates’ Court   –   суд магистратов, мировой суд (рассматривает дела о мелких преступлениях)

Ex. 1. Say if these statements are true or false. 

1. The judge is the presiding officer of the court.  true
2. Every Circuit judge is capable of sitting as a judge for one county court area. true 
3. A part-time district judge is barred from legal practice. false
4. Here was the change of judge’s titles but their functions remained the same. true
5. Judges themselves are a separate profession. false
6. A barrister always enters the judiciary at the highest level. false
7. The judge decides the interpretation of the law. true
8. Judges are capable of “making law” through the doctrine of precedent. true
9. Judges are under the control of Parliament. false
10. Judicial independence is a fundamental principle of constitutional law. true
11. Professional judges are paid salaries by the state. true
12. Magistrates are also professional judges but they deal with less serious crimes. false
13. Magistrates are selected by special committees in every town and district. true

Ex. 2. Here are the answers to some questions on the text. What are the questions? 

1. The Act of Settlement 1700. What is the regulatory basis for appointing judge dates?
2. The existing country court judges became Circuit judges. What is the essence of the reorganization of criminal courts in accordance with the law of 1971?
3. A full-time district judge is barred from legal practice. Does the full-time district judge have legal practice?
4. Registrars are responsible for procedural steps in court proceedings. For what the registrars are responsible?
5. They are barristers who have demonstrated competence in litigation. The profession of the judge is not a separate profession, so who are the judges?
6. If he proves successful in the initial judicial post. Under what conditions are the barrister promoted the career staircase?
7. The judge summarizes the case for the jury. What does the judge do when all evidence is given?
8. The judge must, if necessity, create a new law. What is the judge is obliged to do when the statement of the parking room does not provide for the situation in this case and there is no existing precedent?
9. The doctrine of judicial immunity. Independence of the judicial power is closely related to the independence of the judiciary it is…?
10. The professional judges. How are the judges called, which are engaged in the most serious crimes and receive a salary from the state?
11. Justices of the Peace. How are the judges called? are common or creatures because they have “sound common sense”?
12. The committee tries to draw Magistrates from different professions and social classes. Who does the Committee choose in the Magistrates?
13. The unpaid services of JPs. What does the work of the Magistrates courts depend on?