COURTS IN GREAT BRITAIN British law

COURTS IN GREAT BRITAIN

British law comes from two main sources: laws made in Parliament, and Common Law, which is based on previous judgements and customs. Just as there is no written constitution, so England and Wales have no criminal code or civil code and the interpretation of the law is based on what has happened in the past. The laws, which are made in Parliament, are interpreted by the courts, but changes in the law itself are made in Parliament.
The table below shows the hierarchy of British courts:
THE HOUSE OF LORDS
criminal courts civil courts

COURT OF APPEAL HIGH COURT
(1-3 judges, no jury) (1-3 judges, no jury)

CROWN COURT COUNTY COURT
(1 judge + jury) (1 judge, no jury)

MAGISTRATES' COURT
(3 magistrates, no jury)

In general, the division between civil and criminal law is reflected in this system. The Crown Courts, for example, deal exclusively with criminal matters, the County Courts, with civil. However, the Queen’s Bench Division of the High Court considers appeals from lower criminal courts, as well as civil matters, and the Magistrates Courts, while mostly concerned with criminal cases, also deal with some civil matters. The highest court, the House of Lords, deals with all matters (including appeals from Scottish and Northern Irish courts).
A criminal case usually begins in a Magistrates Court. Magistrates are local citizens with no legal qualifications, chosen because they hold a position of respect within the community, are honest and have common sense. Magistrates are not paid for their work. It is normal for three magistrates to hear any case. The magistrates can sentence people to a maximum of twelve months imprisonment, or impose a fine. Having arrested someone suspected of committing a crime, the police must decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on the condition that he appear on a certain date at a certain Magistrates Court. This is known as unconditional bail. However, the police may instead take the suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail - that is, release the suspect provided that he puts up some money as security or agrees to surrender his passport or some similar condition. As the lowest criminal court, a Magistrates Court is empowered to hear certain cases only. Some minor cases, such as parking violations, are dealt with only by the magistrates. Some serious crimes, like murder, cannot be heard by the magistrates and must go to the Crown Courts. And there are some offences where the defendant is given the choice of having his case heard in the Magistrates Court or the Crown Court. It takes much longer to have a case heard in the Crown Court, but some defendants prefer it because the facts of the case are decided by a jury, that is, ordinary members of the public.
In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who are selected at random. They are not paid but are given expenses while they are on jury service, which is usually for about two weeks. Service is compulsory, and it cannot normally be avoided without a good reason, such as illness. It is not necessary for a juror to know anything about the law - indeed certain people connected with the world of law, such as solicitors, are not allowed to serve as jurors. This is because the job of the jury is to listen to the case and to decide questions of fact. It is the judge’s responsibility to guide them on questions of law.
This contrast between law and fact is very important. If a man is on trial for murder, for example, the judge will explain just what the crime of murder means in English law and what the prosecution has to prove. He will explain how the trial will be conducted, summarise the evidence, and tell the jurors what factors they should consider in making their decision. These are questions of law. However, whether the defendant did in fact commit murder or not is a question of fact to be decided by the jurors themselves. It is necessary for at least ten of the twelve to agree.
The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals, which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals and government departments (for example, over taxation).

Lawyers at work
Although many kinds of people working in or studying legal affairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs. In England, the decision is between becoming a barrister or a solicitor. Barristers defend or prosecute in the higher courts. They specialise in representing clients in court, in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. They are not paid directly by clients, but are employed by solicitors. The highest level of barristers have the title QC (Queen's Counsel). Judges are usually chosen from the most senior barristers, and once appointed they cannot continue to practice as barristers. Solicitors do much of the initial preparation for cases which they then hand to barristers, as well as handling legal work which does not come before a court, such as drawing up wills, preparing legal documents for buying and selling houses and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client’s case. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia. The government is considering various proposals, but there are arguments for maintaining, as well as removing, the division.

Результаты (русский) 1:

В ВЕЛИКОБРИТАНИИ СУДЫ Британский закон исходит из двух основных источников: законы в парламенте и общего права, который основан на предыдущих судебных решений и обычаи. Так же, как нет письменной Конституции, так Англии и Уэльса имеют не Уголовный кодекс или гражданского кодекса и толкование закона базируется на то, что произошло в прошлом. Законы, которые делаются в парламенте, интерпретируются в судах, но вносятся изменения в сам закон в парламенте. В таблице ниже показана иерархия британских судов: ДОМ ЛОРДОВ уголовные суды, гражданские суды СУД ВЕРХОВНЫЙ АПЕЛЛЯЦИОННЫЙ СУД (1-3 судей, не жюри) (1-3 судей, не жюри) СУД КОРОНЫ СУД (1 судья + жюри) (1 судья, не жюри) МАГИСТРАТСКИЙ СУД (3 магистратов, не жюри) В общем разделение гражданского и уголовного права выражается в этой системе. В судах Короны, например, дело исключительно с уголовным делам, окружных судов, с гражданским. Однако Отделом королевской скамьи высокого суда рассматривает апелляции от нижней уголовных судов, а также гражданских делах, и магистратские суды, в то время как главным образом касается уголовных дел, также дело с некоторым гражданским делам. Высший суд, Палата лордов, занимается всеми вопросами (в том числе апелляций из судов Шотландии и Северной Ирландии). A criminal case usually begins in a Magistrates Court. Magistrates are local citizens with no legal qualifications, chosen because they hold a position of respect within the community, are honest and have common sense. Magistrates are not paid for their work. It is normal for three magistrates to hear any case. The magistrates can sentence people to a maximum of twelve months imprisonment, or impose a fine. Having arrested someone suspected of committing a crime, the police must decide if they have enough evidence to make a formal accusation, or charge. If they charge the suspect, they may release him on the condition that he appear on a certain date at a certain Magistrates Court. This is known as unconditional bail. However, the police may instead take the suspect to a magistrate so that he remains in custody until he next appears before a court. The magistrate may decide that it is not necessary to hold the suspect in custody and may agree to unconditional bail, or the magistrate may grant conditional bail - that is, release the suspect provided that he puts up some money as security or agrees to surrender his passport or some similar condition. As the lowest criminal court, a Magistrates Court is empowered to hear certain cases only. Some minor cases, such as parking violations, are dealt with only by the magistrates. Some serious crimes, like murder, cannot be heard by the magistrates and must go to the Crown Courts. And there are some offences where the defendant is given the choice of having his case heard in the Magistrates Court or the Crown Court. It takes much longer to have a case heard in the Crown Court, but some defendants prefer it because the facts of the case are decided by a jury, that is, ordinary members of the public. In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who are selected at random. They are not paid but are given expenses while they are on jury service, which is usually for about two weeks. Service is compulsory, and it cannot normally be avoided without a good reason, such as illness. It is not necessary for a juror to know anything about the law - indeed certain people connected with the world of law, such as solicitors, are not allowed to serve as jurors. This is because the job of the jury is to listen to the case and to decide questions of fact. It is the judge’s responsibility to guide them on questions of law. This contrast between law and fact is very important. If a man is on trial for murder, for example, the judge will explain just what the crime of murder means in English law and what the prosecution has to prove. He will explain how the trial will be conducted, summarise the evidence, and tell the jurors what factors they should consider in making their decision. These are questions of law. However, whether the defendant did in fact commit murder or not is a question of fact to be decided by the jurors themselves. It is necessary for at least ten of the twelve to agree. The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals, which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals and government departments (for example, over taxation).Lawyers at work Although many kinds of people working in or studying legal affairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs. In England, the decision is between becoming a barrister or a solicitor. Barristers defend or prosecute in the higher courts. They specialise in representing clients in court, in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. They are not paid directly by clients, but are employed by solicitors. The highest level of barristers have the title QC (Queen's Counsel). Judges are usually chosen from the most senior barristers, and once appointed they cannot continue to practice as barristers. Solicitors do much of the initial preparation for cases which they then hand to barristers, as well as handling legal work which does not come before a court, such as drawing up wills, preparing legal documents for buying and selling houses and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister argue their client’s case. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia. The government is considering various proposals, but there are arguments for maintaining, as well as removing, the division.

Результаты (русский) 3:

Суды в Великобритании прошлом месяце британского законодательства поступают из двух главных источников: законы, которые приняты в парламенте, и общего права, которое на основе предыдущих судебных решений и таможенного контроля. Точно так же, как нет письменной конституции, с тем чтобы Англии и Уэльса не уголовного кодекса или гражданского кодекса и закона, на основе того, что случилось в прошлом. законов, которые существуют в парламенте,