Вопрос № 912189 - Английский язык

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The Courts of Appeals were organized to relieve the Supreme Court of pressure resulting from accumulation of appellate cases. In general these courts have final jurisdiction over the great mass of litigation not involving constitutional questions. For example, parties from different states have their case heard in a high Federal Court without going to the Supreme Court. A United States Court of Appeals generally comprises three judges. (The Chief Justice and associate justices of the Supreme Court are authorized to assign additional circuit court judges to such courts as may need them).
A Court of Appeals accepts the facts sent up to it by the lower courts, and therefore does not need a jury. Its work is to decide on disputed questions of law. As a rule the Court of Appeals sits with three judges together on the bench. This court’s principal duty is to protect the Supreme Court from routine cases of no political importance. Its decision may be so clear and well grounded that the Supreme Court will refuse to go into the question further, in which case the Court of Appeals has stated the supreme law of the land, at least for the exact circumstances of that case.

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Many controversies cannot be settled by the parties or by arbitration. When other methods for resolving conflicts and controversies cannot or have not succeeded there must be an ultimate method for accomplishing this goal. Our system of government has selected courts for this purpose. Courts settle controversies between persons and between persons and the state.
The role of law applied by the court to the facts as found by the jury or court produces a decision that settles the controversy. Although there are obviously other agencies of government that resolve controversies, it is peculiar to our system that for final decision all controversies may ultimately end up in court.

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In many countries a distinction is made between private (or civil) and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.
The main categories of English civil law are:
– Law of Contracts: binding agreements between people (or companies);
– Law of Torts: wrongs committed by one individual against another individual’s person, property or reputation;
– Law of Trusts: arrangements whereby a person administers property for another person’s benefit rather than his own Land Law;
– Probate Law: arrangements for dealing with property after the owner’s death;
– Family Law.
The main categories of public law are:
– Criminal Law: wrongs which, even when committed against an individual, are considered to harm the well-being of society in general;
– Constitutional Law: regulation of how the law operates and of the relation between private citizen and government;
– International Law: regulation of relations between governments and also between private citizens of one country and those of another.

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English law textbooks often describe a contract as an 1_______ which is made between two or more 2_______ and which is binding in law. In order to be binding in law the agreement must include an 3_______ and an acceptance of that offer. The parties must agree to contract on certain terms, that is, they must know what are they agreeing to (but they need not know that their agreement can be described in law as a contract). They must have intended to be legally bound: there would be no contract if, for example, they were just joking when they 4_______ the agreement. And valuable consideration must have been given by the person to whom a promise was made. In this case, consideration is a legal word to describe something a person has given, or done, or agreed not to do, when making the contract.

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One principle of English contract law is that there must be 1_______ and acceptance. An 2_______ to sell something is not normally considered an offer. If I see an add in a newspaper offering to sell a car, and I telephone the advertiser and agree to buy it, the seller is not obliged to sell it to me. This is because the law considers that the 3_______ offer is when I 4_______ the seller asking to buy the car. The seller may then decide whether to accept or reject my offer. This is the reason a store does not have to sell you the goods it displays for sale.

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What is the Constitution of Britain?
Britain is unusual because its constitution is not found in a formal written document. Instead, the constitutional rights of citizens and the powers of government are found in various case-law rulings, statutes, and even in traditions. For example, the important constitutional principle that the king or queen must approve any legislation passed by parliament is simply an unwritten tradition that has gradually developed over the last three hundred years. There is a debate in Britain about whether citizens’ rights would be better guaranteed by a written constitution, or at least a bill of rights. Some people argue that the government has too much freedom and that it is too easy to change the constitution since all that is needed is a new statute or even a change in traditional procedure. They complain that recent governments have overused libel laws and the Official Secrets Act (to censor information in the interests of national security), and feel that citizens’ rights have fallen behind those in neighboring European countries. Others argue that the flexibility of an unwritten constitution is a good thing, that the lack of a written constitution has not stood in the way of a long tradition of individual liberty in Britain, and that many countries with constitutions which look liberal on the surface suffer from oppressive governments which simply find ways to ignore constitutional rights.