Вопрос № 1057956 - Английский язык

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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.
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What do first instance civil cases include?

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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.
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Magna Carta
1. At the heart of the English system are two principles of government – limited government and representative government. The idea that government was not all-powerful first appeared in the Magna Carta, or Great Charter, that King John signed in 1215 under the threat of civil war.
2. Earlier kings of England had issued charters, making promises to their barons. But these were granted by, not exacted from the king and were very generally phrased. Later the tension between the Kings and the nobility increased. In 1199, 1201, and 1205 John's barons had to be promised their rights. It is, therefore, not surprising that Stephen Langton, archbishop of Canterbury, directed baronial unrest into a demand for a solemn grant of liberties by the king. The document known as the Articles of the Barons was at last agreed upon and became the text from which the final version of the charter was drafted and sealed by John on June 15, 1215.
3. The Magna Carta established the principle of limited government, in which the power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent. Although the Magna Carta was originally intended to protect aristocracy and not the ordinary citizens, it came in time to be regarded as a cornerstone of British liberties, and is one of the oldest written constitutional papers.
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Cesare Lombroso
1. Professor Lombroso is a criminologist whose views, though not altogether correct, caused a lot of interest and made other people look into the problem of crime in a more scientific way. He is regarded as the father of the scientific study of criminals, or criminology. Lombroso studied at the universities of Padua, Vienna, and Paris, and later he became a professor of psychiatry and forensic medicine, a director of a mental asylum.
2. In an enormous book called The Criminal, he set out the idea that there is a definite criminal type, who can be recognized by his or her appearance. Some of what he said is difficult to believe. For example, he said that left-handed persons have a criminal instinct. Among the things he considered important were the shape of the head, colour of the hair, the eyes, the curve of the chin and forehead and if the ears stick out.
3. Lombroso's theories were widely influential in Europe for a time, but his emphasis on hereditary causes of crime was later strongly rejected in favour of environmental factors. Lombroso tried to reform the Italian penal system, and he encouraged more humane and constructive treatment of convicts through the use of work programs intended to make them more productive members of society.
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Criminal courts
1. Both criminal and civil courts in England and Wales primarily hear evidence and aim to determine what exactly happened in a case. Broadly speaking, the lower courts decide matters of fact and the upper courts normally deal with points of law. About 95% of all criminal eases in England and Wales are tried in the Magistrates’ Courts which deal with petty crimes, that is, less serious ones. In certain circumstances the court may commit an accused person to the Crown Court for more severe punishment, either by way of a fine or imprisonment.
2. Except in cases of homicide, children under 14 and young persons – that is, minors between 14 and 17 years of age – must always be tried summarily, meaning without a jury, by a Youth Court. A Youth Court is a branch of the Magistrates' Court. Indictable offences, that is, more serious ones such as theft, assault, drug dealing, and murder, are reserved for trial in the Crown Court. In almost all criminal cases, the State, in the name of the Crown, prosecutes a person alleged to have committed a crime.
3. In England and Wales, a jury of twelve people decides whether the defendant is guilty of the crime she or he is charged with. The Crown Court may hear cases in circuit areas. From the Crown Court, appeal against conviction or sentence lies to the Criminal Division of the Court of Appeal. If leave to appeal is granted by that court, cases may go on appeal to the House of Lords.
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Petty crimes imply …

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The Law of Habeas Corpus
1. In the United States, Britain, and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of the peace committed her to jail.
2. When she was finally brought to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. She had been put on a punishment diet of bread and water, forced to sleep on the bare earth and given 50 lashes. Such treatment was barbaric even by the harsh standards of the time; what made it worse was that Mrs. Robinson was pregnant. Public anger was so great that she was acquitted, the constable who had arrested her without a warrant was himself sent to prison, and the justice of the peace was severely reprimanded. And the case, along with other similar cases, led to the passing of the Habeas Corpus Act in Britain in 1679.
3. The law is still on the British statute books, and a version of it is used in the United States, where the law was regarded as such an important guarantee of liberty that Article 1 of the Constitution declares that “Habeas Corpus shall not be suspended except in cases of rebellion or invasion”.
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The law of Habeas Corpus guarantees a person …