Congress makes all laws, and each house of Congress has the power to Introduce legislation. Each can also vote against the bill passed by the other. A lull becomes law if both houses agree.

C'ongress decides upon taxes and how money is spent. In addition, it irgulates commerce among the states and with foreign countries. It also sets Miles for the naturalization of foreign citizens.

Activity 1.

Study the following words and phrases and translate the text.

three separate branches	три окремі гілки
to balance by the powers of the other two	урівноважуватися повноваженнями інших двох
to serve as a check on the others	слугувати стримуванням для інших
to prevent any branch from gaining too much power	не допускати, аби будь-яка з- гілок набрала надто багато повноважень
to abuse power	зловживати владою
drafters of the Constitution	укладачі Конституції
to provide for a method of amending the Constitution	передбачити спосіб внесення змін до Конституції
amendment	поправка
Bill of Rights	Білль про права
fundamental rights	основні права
natural inalienable rights	природні невідчужувані права
to guard citizens against unreasonable searches	охороняти громадян від необгрунтованих обшуків
seizure of property	арешт майна
right to a speedy and public trial	право на швидкий та відкритий судовий розгляд
impartial jury	безсторонній суд присяжних
counsel for defense	адвокат захисту, захисник
legislative power is vested in the Congress	Конгрес наділений законодавчою владою
to attain 30 years of age	досягги ЗО років
to regulate commerce among the states and with foreign countries	регулювати торгівлю між штатами та з іноземними державами

Activity 2.

Answer the following questions.

1 What method of amending the Constitution did its drafters provide for?

2 How many amendments were adopted?

3 What power is vested in the Congress?

4 What Houses does the Congress consist of?

5 Who is eligible to become a Senator of the United States?

6 How many Senators are elected from each state?

7 What is the number of representatives from each state based upon?

8 How many representatives are elected from California?

9 Which state has the smallest population?

10 Which of the Houses has the power to introduce legislation?

Activity 3.

Give a summary of the text.

Proverbs and quotations to be discussed.

1 If someone deceives you once, shame on him. If someone deceives you twice, shame on you.

2 Every cloud has a silver lining

UNIT FOURTEEN. CHECKS AND BALANCES

American concern for justice is written into the basic law of the land, the United States Constitution, which establishes the framework for the li ili'i nl government and guarantees rights, freedom and justice to all.

The Constitution, written in 1787, established a government of three branches. One of these is the judicial branch, and the Supreme Court of the United States is the most powerful part of it.

The other two branches of the government are the legislative, which consists of the Congress of elected representatives of the people, and the executive, headed by the president. The people who designed this government and wrote the Constitution distributed power among the three hunches so that no person or group of people in the government could exercise enough power to control the others. The procedure for naming to the Supreme Court is one example of how this distribution of powers, called "checks and balances, works.

The chief justice and the associate justices are named by the president. This authority represents great power, considering the major ' I feet court decisions have on the legal system and on society in general.

The drafters of the Constitution tried to make certain, however, that presidents would name only qualified justices and also that they could not icmove justices with whose decisions they disagreed. This ensures the independence of the judicial branch. For that reason, no one can become a member of the court unless the upper house of the Congress - the United Slules Senate - approves. The Senate does not approve an appointment until its members are satisfied that the candidate is qualified. Once approved, a justice cannot be removed by either the president or the Congress without very good reason, nor can the salary of the justices be reduced. The chief justice and associate justices, therefore, serve on the court for life and need not - and should not - take into consideration political issues or the opinions of officials in the other branches of government when making legal decisions.

Activity 1.

Answer the following questions:

1. What does the United States Constitution establish?

2. Does the US Constitution guarantee rights, freedom and justice to all?

1. When was it written?

Activity 2.

Find in the text English equivalents to the following:

1. прагнення американців до справедливості;

2. визначати основні принципи федерального керівництва;

3. гарантувати всім громадянам свободу, права і справедливість;

4. судова влада;

5. законодавча влада;

6. виконавча влада;

7. розподілити повноваження між трьома гілками влади;

8. система «стримувань та противаг»;

9. Верховний суддя та члени Верховного суду;

10. верхня палата Конгресу -- Сенат Сполучених Штатів;

11. зменшити оклад судді;

12. враховувати політичні погляди представників інших гілок влади.

Activity 3.

In each paragraph of the text above find the most important information. Write an outline plan of the text.

Activity 4.

Find in the text words of the same root and make up your own sentences with them:

Justify, establishment, power, legislator, represent, distributor, decide, agreement.

Activity 5.

Make up your own dialogues about the role of the American Constitution using the information above.

Proverbs and quotations to be discussed:

1. Reaches do not profit in the day of wrath, but righteousness delivers from death.

2. The more laws, the more offenders.

3. Society prepares the crime, the criminal commits it (Henry Thomas Buckle).

UNIT FIFTEEN. EXRCUTIVE POWER IN UKRAINE

The Cabinet of Ministers of Ukraine is the highest body in the system of bodies of executive power.

The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and is under the control of and accountable to the Verkhovna Rada of Ukraine within the limits envisaged in Articles 85 and 87 of the Constitution of Ukraine.

The Cabinet of Ministers of Ukraine is guided in its activity by the Constitution and the laws of Ukraine and by the acts of the President of Ukraine.

The Cabinet of Ministers of Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime Minister, three Vice Prime Ministers and the Ministers.

The Prime Minister of Ukraine is appointed by the President of Ukraine with the consent of more than one-half of the constitutional composition of the Verkhovna Rada of Ukraine.

The personal composition of the Cabinet of Ministers of Ukraine is appointed by the President of Ukraine on the submission of the Prime Minister of Ukraine.

The Prime Minister of Ukraine manages the work of the Cabinet of Ministers of Ukraine and directs it for the implementation of the Programme of Activity of the Cabinet of Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine.

The Prime Minister of Ukraine forwards a submission to the President of Ukraine on the establishment, reorganisation and liquidation of ministries and other central bodies of executive power, within the funds envisaged by the State Budget of Ukraine for the maintenance of these bodies.

The Cabinet of Ministers of Ukraine tenders its resignation to the newly-elected President of Ukraine.

The Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine, have the right to announce their resignation to the President of Ukraine.

The resignation of the Prime Minister of Ukraine results in the resignation of the entire Cabinet of Ministers of Ukraine.

The adoption of a resolution of no confidence in the Cabinet of Ministers of Ukraine by the Verkhovna Rada of Ukraine results in the resignation of the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers, whose resignation is accepted by the President of Ukraine, continues to exercise its powers by commission of the President, until a newly-formed Cabinet of Ministers of Ukraine commences its operation, but no longer than for sixty days.

The Prime Minister of Ukraine is obliged to submit a statement of resignation of the Cabinet of Ministers of Ukraine to the President of Ukraine following a decision by the President of Ukraine or in connection with the adoption of the resolution of no confidence by the Verkhovna Rada of Ukraine.

The Cabinet of Ministers of Ukraine:

1) ensures the state sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy of the State, the execution of the Constitution and the laws of Ukraine, and the acts of the President of Ukraine;

2) takes measures to ensure human and citizens' rights and freedoms;

3) ensures the implementation of financial, pricing, investment and taxation policy; the policy in the spheres of labour and employment of the population, social security, education, science and culture, environmental protection, ecological safety and the utilisation of nature;

4) elaborates and implements national programmes of economic, scientific and technical, and social and cultural development of Ukraine;

5) ensures equal conditions of development of all forms of ownership; administers the management of objects of state property in accordance with the law;

6) elaborates the draft law on the State Budget of Ukraine and ensures the implementation of the State Budget of Ukraine approved by the Verkhovna Rada of Ukraine, and submits a report on its implementation to the Verkhovna Rada of Ukraine;

7) takes measures to ensure the defence capability and national security of Ukraine, public order and to combat crime;

8) organises and ensures the implementation of the foreign economic activity of Ukraine, and the operation of customs;

9) directs and co-ordinates the operation of ministries and other bodies of executive power;

10) performs other functions determined by the Constitution and the laws of Ukraine, and the acts of the President of Ukraine.

The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions and orders that are mandatory for execution.

Acts of the Cabinet of Ministers of Ukraine are signed by the Prime Minister of Ukraine.

Normative legal acts of the Cabinet of Ministers of Ukraine, ministries and other central bodies of executive power, are subject to registration through the procedure established by law.

The executive power in oblasts, districts, and in the Cities of Kyiv and Sevastopol is exercised by local state administrations.

Particular aspects of the exercise of executive power in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine.

The composition of local state administrations is formed by heads of local state administrations.

Heads of local state administrations are appointed to office and dismissed from office by the President of Ukraine upon the submission of the Cabinet of Ministers of Ukraine.

In the exercise of their duties, the heads of local state administrations are responsible to the President of Ukraine and to the Cabinet of Ministers of Ukraine, and are accountable to and under the control of bodies of executive power of a higher lev el.

Local state administrations are accountable to and under the control of councils in the part of the authority delegated to them by the respective district or oblast councils.

Local state administrations are accountable to and under the control of the bodies of executive power of a higher level.

Decisions of the heads of local state administrations that contravene the Constitution and the laws of Ukraine, other acts of legislation of Ukraine, may be revoked by the President of Ukraine or by the head of the local state administration of a higher level, in accordance with the law.

An oblast or district council may express no confidence in the head of the respective local state administration, on which grounds the President of Ukraine adopts a decision and provides a substantiated reply.

If two-thirds of the deputies of the composition of the respective council express no confidence in the head of a district or oblast state administration, the President of Ukraine adopts a decision on the resignation of the head of the local state adm inistration.

Local state administrations on their respective territory ensure:

1) the execution of the Constitution and the laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine and other bodies of executive power;

2) legality and legal order; the observance of laws and freedoms of citizens;

3) the implementation of national and regional programmes for socio-economic and cultural development, programmes for environmental protection, and also -- in places of compact residence of indigenous peoples and national minorities -- programmes for their national and cultural development;

4) the preparation and implementation of respective oblast and district budgets;

5) the report on the implementation of respective budgets and programmes;

6) interaction with bodies of local self-government;

7) the realisation of other powers vested by the state and also delegated by the respective councils.

Members of the Cabinet of Ministers of Ukraine and chief officers of central and local bodies of executive power do not have the right to combine their official activity with other work, except teaching, scholarly and creative activity outside of working hours, or to be members of an administrative body or board of supervisors of an enterprise that is aimed at making profit.

The organisation, authority and operational procedure of the Cabinet of Ministers of Ukraine, and other central and local bodies of executive power, are determined by the Constitution and the laws of Ukraine.

Activity 1.

Study the following words and phrases.

responsible to	відповідальний перед
under the control of and iii countable to	підконтрольний та підзвітний
within the limits envisaged in Article 85	у межах, передбачених статтею 85
to be guided in its activity by the (^institution	керуватися у своїй діяльності Конституцією
with the consent of more than one- half of the constitutional composition	за згодою більше ніж половини конституційної більшості
to contravene the Constitution	суперечити Конституції
on the submission of the Prime Minister	за поданням Прем'єр Міністра
to tender resignation	складати повноваження
to ensure state sovereignty and economic independence	забезпечувати державний суверенітет і економічну самостійність
to revoke a decision	скасовувати рішення
to take measures	вживати заходів
to ensure human rights	забезпечувати права людини
implement financial, pricing, investment and taxation policy	проводити фінансову, цінову, інвестиційну та податкову політику
to appoint to office	призначати на посаду
to dismiss from office	звільняти з посади
indigenous peoples	корінні народи
national minorities	національні меншини
to be subject to registration through the procedure established by law	підлягати реєстрації в порядку, встановленому законом
mandatory for execution	обов'язковий для виконання
aimed at making profit	що має на меті одержання прибутку

Activity 2.

Answer the following questions.

1. Who is the Cabinet of Ministers responsible to?

2. What is the Cabinet of Ministers of Ukraine guided by in its activity?

3. Who is the Prime Minister appointed by?

4. Whose consent is required for the appointment of the Prime Minister?

5. On whose submission does the President of Ukraine appoint the personal composition of the Cabinet of Ministers?

6. What article defines the tasks of the Cabinet of Ministers?

8. What are the tasks of the Cabinet of Ministers?

9. Who are local state administrations accountable to?

10. What do local state administrations ensure?

11. Do Members of the Cabinet of Ministers have the right to combine their official activity with other work?

12. How many Ministries are there in Ukraine? Could you enumerate them? (Consult Appendix 5 on page 212)

13. How many state committees are there in Ukraine? (Consult Appendix 5).

14. How many agencies, departments and committees are there?

Activity 3.

Write a summary of the text about the Cabinet of Ministers as the highest body of executive power in Ukraine.

Proverbs and quotations to be discussed.

1. You shall judge of a man by his foes as well as by his friends. (Joseph Conrad).

2. So many countries, so many customs.

3. Justice is the ligament which holds civilized nations together (Daniel Webster).



UNIT SIXTEEN. JUSTICE IN UKRAINE

Chapter VIII ofthe Constitution of Ukraine

Article 124

Justice in Ukraine is administered exclusively by the courts. The delegation of the functions of the courts, and also the appropriation of these (unctions by other bodies or officials, shall not be permitted.

The jurisdiction of the courts extends to all legal relations that arise in the State.

Judicial proceedings arc performed by the Constitutional Court of I Ikruine and courts of general jurisdiction.

The people directly participate in the administration of justice through people's assessors and jurors.

Judicial decisions are adopted by the courts in the name of Ukraine and urc mandatory for execution throughout the entire territory of Ukraine.

Article 125

In Ukraine, the system of courts of general jurisdiction is formed u> i ordance with the territorial principle and the principle of speciali/alion

The Supreme Court of Ukraine is the highest judicial body in the Nystem of courts of general jurisdiction.

The respective high courts are the highest judicial bodies of specialized courts.

Courts of appeal and local courts operate in accordance with the law

The creation of extraordinary and special courts shall not be permitted.

Article 126

The independence and immunity of judges are guaranteed by the (onstitution and the laws of Ukraine.

Influencing judges in any manner is prohibited.

A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is rendered by a court.

Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time.

A judge is dismissed from office by the body that elected or appointed him or her in the event of:

the expiration ofthe term for which he or she was elected or appointed;

the judge's attainment of the age of sixty-five;

the impossibility to exercise his or her authority for reasons of health;

the violation by the judge of requirements concerning incompatibility;

the breach of oath by the judge;

the entry into legal force of a verdict of guilty against him or her;

the termination of his or her citizenship;

the declaration that he or she is missing, or the pronouncement that he or she is dead:

the submission by the judge of a statement of resignation or of voluntary dismissal from office.

The authority of the judge terminates in the event of his or her death.

The State ensures the personal security of judges and their families.

Article 127

Justice is administered by professional judges and, in cases determined by law, people's assessors and jurors.

Professional judges shall not belong to political parties and trade unions, take part in any political activity, hold a representative mandate, occupy any other paid positions, perform other remunerated work except scholarly, teaching and creative activity.

A citizen of Ukraine, not younger than the age of twenty-five, who has a higher legal education and has work experience in the sphere of law for no less than three years, has resided in Ukraine for no less than ten years and has command of the state language, may be recommended for the office of judge by the Qualification Commission of Judges.

Persons with professional training in issues of jurisdiction of specia¬lized courts may be judges of these courts. These judges administer justice only as members of a panel of judges.

Additional requirements for certain categories of judges in terms of experience, age and their professional level are established by law.

Protection of the professional interests of judges is exercised by the procedure established by law

Article 128

The first appointment of a professional judge to office for a five-year term is made by the President of Ukraine. All other judges, except the judges of the Constitutional Court of Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent terms by the procedure established by law.

The Chairman of the Supreme Court of Ukraine is elected to office and dismissed from office by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the procedure established by law.

Article 129

In the administration of justice, judges are independent and subject only to the law.

Judicial proceedings are conducted by a single judge, by a panel of judges, or by a court of the jury.

The main principles of judicial proceedings are: legality;

equality before the law and the court of all participants in a trial; ensuring that the guilt is proved;

adversarial procedure and freedom of the parties to present their evidence to the court and to prove the weight of evidence before the court; prosecution by the procurator in court on behalf of the State; ensuring the right of an accused person to a defence; openness of a trial and its complete recording by technical means, ensuring complaint of a court decision by appeal and cassation, except in cases established by law;

the mandatory nature of court decisions.

The law may also determine other principles of judicial proceedings in courts of specific judicial jurisdiction.

Persons guilty of contempt of court or of showing disrespect toward the judge arc brought to legal liability.

Article 130

The State ensures funding and proper conditions for the operation of courts and the activity of judges. Expenditures for the maintenance of courts arc allocated separately in the State Budget of Ukraine.

Judges' self-management operates to resolve issues of the internal affairs of courts.

Article 131

The High Council of Justice operates in Ukraine, whose competence comprises:

forwarding submissions on the appointment of judges to office or on their dismissal from office;

adopting decisions in regard to the violation by judges and procurators of the requirements concerning incompatibility;

exercising disciplinary procedure in regard to judges of the Supreme Court of Ukraine and judges of high specialized courts, and the consideration of complaints regarding decisions on bringing to disciplinary liability judges of courts of appeal and local courts, and also procurators.

The High Council of Justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions, each appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Procuracy -- two members of the High Council of Justice.

The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Procurator General of Ukraine are ex officio members of the High Council of Justice.

Activity 1.

Memorize the following words and word combinations. Use them in sentences of your own.

to administer justice	здійснювати правосуддя
appropriation	привласнення
to extend to all legal relations that arise in the state	поширюватися на всі правові відносини що виникають у державі
judicial proceedings	судочинство
courts of general jurisdiction	суди загальної юрисдикції
people's assessor	народний засідатель
judicial decisions	судові рішення
mandatory for execution throughout entire territory of Ukraine	обов'язкові для виконання по всій території України
independence and immunity	незалежність та недоторканість
to hold office	обіймати посаду
to appoint to the office of a judge	призначати на посаду судді
to dismiss from office	звільнювати з посади
expiration of the term	закінчення сроку
judge's attainment of the age of 65	досягнення суддею 65 років
incompatibility	несумісність
breach of the oath	порушення присяги
to submit a statement of resignation	подати заяву про відставку
to insure the personal security	забезпечувати особисту безпеку
trade unions	профспілки
remunerated work	оплачувана робота
work experience in the field of law	стаж роботи в галузі права
to have command of the state language	володіння державною мовою

Activity 2.

Мatch the following Ukrainian expressions with their English equivalents:

1. гласність судового процесу

2. забезпечення апеляційного та касаційного оскарження суду

3. законність

4. підтримання державного обвинувачення в суді прокурором

5. забезпечення доведеності вини

6. рівність усіх учасників судового процесу перед законом і судом

7. забезпечення обвинуваченому права на захист

8. іменем України.

а) ensuring challenging a court decision by appeal and cassation

b) legality

c) equality of all participants in a trial before the law and the court

d) openness of a trial

e) ensuring that the guilt is proved

f) prosecution by the procurator in court on behalf of the State

g) ensuring the right of the accused to a defence

h) in the name of Ukraine

Activity 3.

Find in the text English equivalents to the following:

1) правосуддя в Україні

2) делегування функцій судів

3) юрисдикція судів

4) суди загальної юрисдикції

5) брати участь у здійсненні правосуддя через народних засідателів і присяжних

6) судові рішення

7) бути обов'язковими до виконання на всій території України

8) система судів загальної юрисдикції в Україні

9) будуватися за принципами територіальності і спеціалізації

10) найвищий судовий орган у системі судів загальної юрисдикції

11) Верховний Сул України, апеляційні та місцеві суди

12) обов'язковість рішень суду.

Activity 4.

Fill in the blanks with the missing words:

1. Justice in Ukraine is... exclusively by the courts.

2. The jurisdiction of the courts extends to that arise in the Stair

3. Judicial proceedings are... by the Constitutional Court of Ukraine and courts of... jurisdiction.

4. The people directly participate in the administration of justice through…and....

5 are adopted by the courts in the name of Ukraine and are mandatory for execution throughout the entire territory of Ukraine.

6. The Supreme Court of Ukraine is in the system of courts of general jurisdiction.

7. The respective high courts are the highest judicial bodies of... courts.

Activity 5.

Find Articles which contain answers to the following questions. Begin your answer with «According to Article...»

1. Who is justice administered by in Ukraine?

2. What relations does the jurisdiction of the courts extend to?

3. To what way do people participate in the administration of justice?

4. What is the highest body in the system of courts of general jurisdiction?

5. What legal instruments guarantee judges' independence and immunity?

6. In what cases can a judge be dismissed from office?

6. Who may be recommended for the office of a judge?

7. Who makes the first appointment of a professional judge to office and for what term?

8. What are the main principles of judicial proceedings?

9. How many members does the High Council of Justice consist of?

Activity 6.

Translate the questions into English and answer them:

1. Як здійснюється правосуддя в Україні?

2. Чи допускається делегування функцій судів, а також привласнення цих функцій іншими органами чи посадовими особами?

3. Хто безпосередньо бере участь у здійсненні прииосуддя через народних засідателів і присяжних?

4. За якими принципами будується система судів загальної юрисдикції в Україні?

5. Який найвищий судовий орган у системі судів загальної юрисдикції?

6. Якими принципами мають керуватися судді при здійсненні правосуддя?

Activity 7.

Find the most important information in each of the articles.

Activity 8.

Speak on the topic “Justice in Ukraine”

Proverbs and quotations

1. Every land has its own law.

2. Ignorance of the law not exempt from legal liability.

UNIT SEVENTEEN. COURTS IN THE USA

There are fifty-two separate court systems in the United States Each state, as well as the District of Columbia, has its own fully developed, independent system of courts and there is a separate federal court system. I lie federal courts are not superior to the state courts; they are an independent, coordinate system authorized by the United States Constitution, Art. III p2 to handle matters of particular federal interest. The presence of two pmalh'l court systems often raises questions concerning the relationship of the slntc and federal systems, presenting important issues of federalism. The I Jnlttd States Supreme Court, composed of nine justices, sits as the final nnd controlling voice over all these systems.

Although a few states, such as Nebraska, have a two-tiered system, most states, as well as the federal courts, are based on a three-tiered mod«I That means that for any litigant there will be the opportunity to plead his c«M before a trial court and then, should he lose, there are two levels of appeal nl which he ultimately may succeed. For example, in the federal system the ti ini court is the United States District Court, of which there is at least one In every state. Many larger states are divided into two, three or even fom judicial districts, depending on population, geography and caseload. Them are ninety-one districts in the United States and each district court has on«judge, or more commonly two or more. After an adverse judgment in the district court, a litigant may appeal to the United States Court of Appeals lor the circuit in which the district court is located. There are eleven numbered intermediate appellate courts in the federal system, each including anywheip from three to ten states and territories. Additionally, there is a Court of Appeals for the District of Columbia, hearing appeals from the federal disti let court there, and one for the Federal Circuit, taking appeals from varioim specialized federal tribunals, such as the Claims Court. Each court of appeal*, has four or more judges who sit in panels of three to review district court decisions, as well as some decisions of administrative agencies. A losing litigant in the court of appeals may, in some cases, be able to obtain review by the United States Supreme Court. Cases in the state courts similarly may proceed through a trial court, a state appellate court, and then the stute supreme court. If a federal constitutional question is involved the decision of the state supreme court may be reviewed by the United States Supreme Court. Since 1988, review by the Supreme Court in civil cases is discretionary; virtually all civil appeals as of right to the highest court have been abolished.

Three-tiered systems vary on the role which the highest court plays. The approaches taken reflect differing philosophies with regard to what the highest court should do. For example, in California only criminal cases in її i npitul punishment has been imposed are appealable as of right to the cnie court. Similarly, in the federal courts, except in a few very mil circumstances, appeals to the United States Supreme Court are імііітцгу, by writ of certiorari. The Court decides for itself what are the most important questions that deserve its attention and will refuse to review decisions raising issues that it feels are not as crucial. In this way it lues the administration of law by the lower courts on an ad hoc basis. At the nihci end ofthe spectrum, such as in New York, appeals to the state's іііціиМ i ourt are as of right in a great many cases provided for by statute. The ШІімиїу fUnction of the highest court in New York appears to be to assure that cases are correctly decided. It is necessary to check carefully the statutes of the system in which you are appearing to determine the specific rules regarding review by those appellate courts.

Activity 1.

Translate the text.

superior (to)	вищий
coordinate system authorized by the Constitution	узгоджена система, санкціонована Конституцією
in lutndle matters of particular Inlcinl interest	вирішувати справи, що становлять особливий федеральний інтерес
in mise questions	порушувати питання
Important issues of federalism	важливі проблеми федералізму
Two-tiered system	двоступенева система
A few states	декілька штатів
litigant	сторона у спорі, позивач
to plead his case before a trial court	виступати у своїй справі у суді першої інстанції
lo lose the case	програти справу
ultimately succeed	зрештою досягти успіху
two levels of appeal	два рівні оскарження
judicial district	судовий округ
lo depend on population and i useload	залежати від кількості населення та навантаження
discretionary	дискреційний (на розсуд суду)
to impose capital punishment	призначати нищу міру покарання (смертну кару)
adverse judgment	несприятливо для сторони рішення
writ of certiorari	наказ про витребування справи (з нижчого до вищого суду)
Federal Circuit	федеральний округ
state supreme court	Верховний суд штату
panels of three judges	колегія у складі трьох суддів
virtually all civil appeals as of right have been abolished	фактично усі апеляції в цивільних справах по праву скасовано
appealable as of right to the state supreme court	може бути оскаржено по праву до верховного суду
crucial issue	надзвичайно важлива проблема
on an ad hoc basis	час від часу (якщо це необхідно)
in a great many cases provided for by statute	у багатьох випадках, передбачених законом
to determine the specific rules	визначати конкретні правила
to assure that cases are correctly decided	переконатися, що справи вирішуються правильно

Activity 2.

Answer the following questions. In some cases you have been given the prompt. Use it in your answer.

1. How many separate court systems are there in the United States? (fifty states + District of Columbia + federal system of courts)

2. How many states are there in the United States?

3. What do you know about the District of Columbia?

4. What cases do federal courts deal with? (handle matters of particular federal interest).

5. How many levels of appeal are there in most states for a litigant who lost his case in a trial court?

6. How many judicial districts are there in each state?

7. What does the number of judicial districts depend on?

8. How many judicial districts are there in the United States?

9. Are appeals to the state's highest court provided for by the statute?

10. In what cases is review by the Supreme Court discretionary?

Activity 3.

Write a summary of the text and present it in class.

UNIT EIGHTEEEN. COURTS IN ENGLAND AND WALES

Every town has a Magistrates' Court, where minor cases are judged nnd more serious cases are examined briefly before being passed to higher court i Magistrates' courts are courts of summary jurisdiction. Cases are heard by three magistrates, called Justices of the Peace, who are specially trained members of the public advised by a legally qualified clerk. Young people under 17 are sent to special juvenile courts.

More serious criminal cases are referred to the Crown Court, which sit at a number of towns in England and Wales. Cases in Crown Courts are heai by a judge and a jury. At the end of a trial the jury decides whether the defendant is guilty or not guilty.

If the verdict is 'guilty' the judge imposes the punishment.

Minor civil cases, such as divorce and bankruptcy proceedings, are heard in County Courts. More serious cases are heard in the High Court of Justice. This is divided into the Chancery Division, the Queen's Bench and the Family Division. Cases are heard by one or more judges sitting together Appeals against decision of the county Courts also go to the High Court.

Appeals from the Crown Court or the High Court go to the Court of Appeal. A few cases in which a question of law is in doubt are passed on to the House of Lords. Here the Lord Chancellor and Lords of Appeal, often called Law Lords, make a final decision.

Northern Ireland law is similar to that in England. For historical reasons, Scotland uses a system of law different from that in England and Wales. Scots law was greatly influenced by Roman law. When making decisions Scottish courts look for an appropriate general principle and apply it to a particular situation. English law relies more on case law, a collection of previous decisions called precedents. English courts look at precedents for the case being tried and make a similar judgment.

English common law developed in Norman times when judges travelled round the country. Another branch of law, equity, deals with cases involving rights and duties, e.g. in connection with contracts. These two branches were joined in 1873. A third branch of law, statute law, consists of laws made by Acts of Parliament. It describes general principles and is superior to case law. From 1536 Wales became subject to the same laws as England. Law in Northern Ireland is based on case law from England and Ireland, and on British and Irish statutes. By the time of the Act of Union between England and Scotland in 1707, both countries had well-established ІОЦНІ systems. The Act allowed both systems to continue and this resulted in Ihr different legal practices still in use.

Civil law concerns disagreements between individuals over rights and ii-.ponsibilities. Many civil cases relate to business contracts. The plaintiff In lugs an action against the defendant in the hope of winning damages or an lii|imction (a court order preventing the defendant from doing something that In musing harm). Taking a case to court is expensive, but people who do not Imve enough money may qualify for legal aid. Criminal law deals with»Unices that involve harm to a person resulting from somebody breaking the їйw. The most serious offences include murder, manslaughter and theft. (uses are brought against criminals by the state, in England and Wales through the Director of Public prosecutions and in Scotland through procurators fiscal.

A basic principle of law in Britain is that anyone accused is innocent until proven guilty, so it is the burden of the prosecution to prove beyond icusonable doubt that the defendant has broken the law as stated in the і liarge. If this cannot be proved the accused person must be acquitted.

A person who needs legal advice, usually goes to see a solicitor Solicitors may represent their clients in Magistrates' Court and, since 1994, in the higher courts. However, solicitors often use barristers to represent then clients in the higher courts. Barristers are lawyers who received special training at Inns of Courts and who have been called to the Bar. In court tln-y wear a white curly wig and black robes. The most respected barristers hold the title QC (Queen's Counsel). Barristers are called advocates in Scotland, and a solicitor or barrister representing a client in the English or Welsh courts is now often referred to as an advocate.

Activity 1.

Study the following words and phrases.

minor offences	незначні правопорушення
to examine briefly before passing to higher courts	розглянути коротко перед переданням до вищих судів
summary jurisdiction	спрощена юрисдикція
Justices of the Peace	мирові судді
juvenile courts	суди для неповнолітніх
to refer to the Crown Court	передати до суду Корони
defendant	підсудний
verdict of'guilty'	вердикт “винуватий”
to impose the punishment	призначати покарання
divorce proceedings	провадження щодо розлучення
bunkruptcy proceedings	провадження у справах про банкрутство
County Courts	суди графства
Chancery Division, Queen's Bench and Family Division	Канцлерський суд, суд И Королівської лави та колегія у сімейних справах
equity	суд справедливості
statute	закон
murder, manslaughter and theft	умисне вбивство, неумисне вбивство та крадіжка
plaintiff	позивач
respondent, defendant	відповідач
innocent until proven guilty	невинуватий, доки вина не доведена
burden of the prosecution to prove beyond reasonable doubt	тягар обвинувачення щодо доведення вини поза межами розумного сумніву
to bring an action	подавати позов
common law	загальне право
a collection of previous decisions called precedents	зібрання попередніх рішень, що називаються прецедентами
to cause harm (damage)	спричиняти шкоду
to acquit	виправдати
to convict	засудити
accused	обвинувачений
to charge	пред'являти обвинувачення
Inns of Court	корпорації баристерів, що мають виключне право прийому до адвокатури
to be called to the Bar	бути прийнятим до колегії адвокатів-баристерів
Welsh courts	уельські суди

Activity 2.

Answer the following questions.

1. Which courts in England and Wales deal with minor cases?

2. Which courts are more serious criminal cases dealt with?

3. Who sits in Magistrates' courts?

4. Are Justices of the Peace professional judges?

5. In what courts are cases heard by a judge and a jury?

6. What court deals with divorce and bankruptcy proceedings?

7. Where do appeals from the Crown Court or the High Court go to?

8. What is the difference between the law system of England and Wales mid that of Scotland?

9. What is the basic principle of law in England and Wales?

10. What is the burden of the prosecution?

11. What happens if the prosecution cannot prove beyond reasonable doubt 11 ml the defendant has broken the law?

Activity 3.

Summarise the text. Before that write its outline plan.

Activity 4.

Half play a dialogue discussing the following sayings.

* A lean agreement is better than a fat judgment.

* From a foolish judge a quick sentence.

* Haste makes waste.

UNIT NINETEEN. COURTS IN UKRAINE

Activity 1.

Skim through the text in order to understand its contents.

According to Article 18 of the Law of Ukraine “On Judicial System” the system of courts of general jurisdiction is based on territorial principles and principles of specialization.

The system of courts of general jurisdiction includes:

1) local courts;

2) courts of appeal; Court Appeals of Ukraine;

3) higher specialised courts;

5) the Supreme Court of Ukraine.

The highest body in the system of courts of general jurisdiction is the Supreme Court of Ukraine.

Military courts belong to general courts and administer justice in the Armed Forces of Ukraine.

Specialised courts are economic, administrative courts and other courts defined as specialised courts.

In courts of different judicial jurisdictions judges may specialise in particular categories of cases.

Local district courts are district, district in cities, city and city district and also military courts of garrisons..

Local economic courts are economic courts of the Autonomous Repu¬blic of Crimea, oblasts, cities of Kyiv and Sevastopol. Local administrative courts are circuit courts that are established in circuits in accordance with the Decree of the President of Ukraine.

Local court is a court of first instance and examines cases within its competence: civil, administrative and criminal cases and also cases of administrative offences.

Local economic courts hear cases arising from economic law relations.

Local administrative courts deal with administrative cases related to legal relations in the sphere of state administration (cases of administrative jurisdiction).

Within the system of general jurisdiction general and specialised courts are functioning in Ukraine.

General courts of appeal are courts of appeal of oblasts, courts of appeal of cities of Kyiv and Sevastopol, Court of Appeals of the Autonomous

Kcpublic of Crimea, military courts of appeal of regions and court of appeal of the Armed Forces and the Navy and also Court of Appeals of Ukraine.

Specialised courts of appeal are economic courts of appeal and administrative courts of appeal.

General appeal courts set up judicial chambers in civil cases and in criminal cases.

Court of Appeals of Ukraine comprises judicial chamber in criminal cases and military judicial chamber.

Courts of appeal deal with cases pursuant to the appellate procedure and hear cases specified by law as courts of first instance.

The Supreme Court of Ukraine is the highest court within the system of courts of general jurisdiction, which administers justice and ensures uniform application of legislation by all courts of general jurisdiction.

The Supreme Court of Ukraine

1) re-examines cases in view of exceptional circumstances pursuant to ihe procedure envisaged by procedural law, re-examines cases pursuant lo cassation procedure in cases established by law and examines other cases related to exceptional circumstances;

2) provides interpretation for courts with regard to issues of application of legislation on the basis of generalisation of judicial practice and analysis ol court statistics, applies to the Constitutional Court of Ukraine in the event that courts of general jurisdiction doubt about conformity of laws with the Constitution, other legal acts about official interpretation ofthe Constitution of Ukraine;

3) within the limits of its authority resolves issues that arise from international treaties of Ukraine, represents courts of general jurisdiction in relations with courts of other states.

The Supreme Court of Ukraine is composed of:

1) Judicial Chamber in Civil Cases;

2) Judicial Chamber in Criminal Cases;

3) Judicial Chamber in Economic Cases;

4) Judicial Chamber in Administrative Cases.

The Supreme Court of Ukraine comprises Military Division.

Activity 2.

Study the following words ami phrases:

higher specialised courts	вищі спеціалізовані суди
Law of Ukraine “On Judicial System”	Закон України “Про судоустрій"
military courts belong to general courts	військові суди належать до загальних судів
administer justice in the Armed Forces of Ukraine	здійснювати правосуддя у збройних силах України
economic courts	господарські суди
administrative courts	адміністративні суди
Specialise in particular categories of cases	спеціалізуватися у конкретних категоріях справ

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