Вопрос № 933318 - Английский язык

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In the USA statutes must be in keeping with the constitutions – federal and state – and the courts can overrule a statute that is found to violate constitutional provisions. 1_______. Also included under this heading are treaties that by the federal constitution are also a part of the law of the land. 2_______. It is nor proper to call this “unwritten” law because it is in fact in writing. 3_______. When a court decides a case, particularly upon an appeal from a lower-court decision, the court writes an opinion setting forth among other things the reasons for its decision. From these written opinions rules of law can be deduced, and these make up the body of what is called case law or common law. 4_______.

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Civil courts
1. In England, simple civil actions, for example family matters such as undefended divorce, are normally heard in either the Magistrates’ Courts or the County Courts.
There's no jury in a Magistrates' Court. Family cases may go оn appeal from the Magistrates' Court to the County Courts. The County Court also hears complex first instance civil cases, such as contract disputes, compensation claims, consumer complaints about faulty goods or services, and bankruptcy cases. Juries are now rare in civil actions, so normally the judge considers both law and fact.
2. More complex civil cases, such as the administration of estates and actions for the recovery of land, are heard in the High Court of Justice, which is divided into three divisions: Family, Chancery and Queen's Bench. From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can reverse or uphold a decision of the lower courts. Its decisions bind all the lower civil courts. Civil cases may leapfrog from the High Court to the House of Lords, bypassing the Court of Appeal, when points of law of general public importance are involved.
3. Decisions of the House of Lords arc binding on all other courts but not necessarily on itself. The court of the House of Lords consists of twelve life peers appointed from judges and barristers. The quorum, or minimum number, of law lords for an appeal hearing is normally three, but generally there is a sitting of five judges.
Основной идеей текста является …

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There are two distinct kinds of lawyer in Britain. One of these is a solicitor. Everybody who needs a lawyer has to go to one of these. They handle most legal matters for their clients, including the drawing up of documents (such as wills, divorce papers and contracts), communicating with other parties, and presenting their clients’ cases in magistrates’ courts. However, only since 1994 have solicitors been allowed to present cases in higher courts. If the trial is to be heard in one of these the solicitor normally hires the services of the other kind of lawyer – a barrister. The only function of barristers is to present cases in court.
The training of the two kinds of lawyer is very different. For example, all solicitors have to pass the Law Society exam. They study for this exam while “articled” to established firms of solicitors, where they do much of the everyday junior work until they are qualified.

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Solicitors present their clients’ cases in …

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Barristers have to attend one of the four Inns of Court in London. These ancient institutions are modeled somewhat on Oxbridge colleges. For example, although there are some lectures, the only attendance requirement is to eat dinner there on a certain number of evenings each term. After four years, the trainee barristers then sit exams. If they pass, they are “called to the bar” and are recognized as barristers. However, they are still not allowed to present a case in a crown court. They can only do this after several more years of association with a senior barrister, after which the most able of them apply to “take silk”. Those whose applications are accepted can put the letters QC (Queen’s Counsel) after their names.

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Inns of Court in London are modeled somewhat on …

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The different styles of training reflect the different worlds that the solicitors and the barrister live in, and also the different skills that they develop. Solicitors have to deal with the realities of the everyday world and its problems. Most of their work is done away from the courts. They often become experts in the details of particular areas of the law. Barristers, on the other hand, live a more rarefied existence. For one thing, they tend to come from the upper strata of society. Furthermore, their protection from everyday realities is increased by certain legal rules. For example, they are not supposed to talk to any of their clients, or to their client’s witnesses, except in the presence of the solicitor who has hired them. They are experts on general principles of the law rather than on details, and they acquire the special skill of eloquence in public speaking. When they present a case in court, they, like judges, put on the archaic gown and wig which, it is supposed, emphasize the impersonal majesty of the law.

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Barristers’ protection from everyday realities is increased by …

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In the English legal system a practising lawyer must hold one of two professional qualifications; s/he must either have been admitted to practice as a solicitor or have been called to the Bar as a barrister. This division of the legal profession is of long standing and each branch has its own characteristic functions as well as a separate governing body and professional rules.
The barrister is usually thought of primarily as an advocate, since this is the work in which s/he is most often engaged. Until 1990, s/he had the virtually exclusive right of audience as an advocate before all the superior courts, and s/he can also appear in the inferior courts. When acting professionally, barristers are known as “counsel”. In total there were, in 1991, 6,901 barristers in practice, a number which is just about small enough to make this branch of the profession a closely-knit unit. This point is significant, bearing in mind that the senior judges in the English legal system have, until now, been drawn exclusively from the ranks of experienced counsel.

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In the English legal system a practising lawyer must hold one of two professional …