UNIT 6: THE STRUCTURE OF THE COURTS (II)

The objectives of this unit are:

to develop skills in: to teach and practise these

language items:
SECTION SPEAKING LISTENING WRITING READING

A. The English Court Group discussion Listening to peers Reading for Will vs. Would
Structure specific
Asking for/ giving information The Passive
information

Exchanging views

B. Attitudes to the Legal Group discussion Listening to check Taking notes Collocations
System predictions
Negative prefixes

-Ing forms

C. Court Structure in Group discussion Listening to peers Note-making Reading for gist The language of giving
Romania presentations
Giving a presentation
 Unit 6 THE STRUCTURE OF THE COURTS (II)
Section A The English Court Structure

A.1 Discuss:
1. What do you know about the structure of the English courts?
2. What was the function of the earliest English justices?
3. What are the magistrates’ duties?

A.2 You and your partner have photocopied a text on magistrates’ courts in England and Wales.
Unfortunately both your copies are of poor quality and some words are blurred in each of them.

Look at your respective copies (Student A - File1, Student B - File5) and try to guess the missing information.
Then ask each other questions to check your guesses.

A.3 The article below throws a new light on magistrates’ courts. As you read it, try to find the answers to the
following questions:
• What features of magistrates’ courts are mentioned in the article?
• Does the article reveal any criticisms that have been made concerning this system of justice?
• What steps have been taken to reform and improve the magistrates’ court system?
• What other courts in Britain does the article refer to? What seem to be their advantages?
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Jury is still out on the volunteers who tip scales of justice
Moves to abolish the right of some defendants to crown court trials will test the fairness of
magistrates’ courts, writes Jean Eaglesham
Had Roger Bailey owned a washing machine in system will come under intense scrutiny following the
1977, he might never have become involved in the government’s decision to abolish the right to trial by
criminal justice system. jury for tens of thousands of cases.
One of the locals he met on his regular visits to Plans announced last week by Jack Straw, the home
the launderette persuaded him to follow her example secretary, would prevent defendants charged with
and become a magistrate. offences such as theft and possession of drugs opting
Two decades later, retired from engineering and for a crown court trial rather than a hearing before
running a smallholding in East Sussex, Mr Bailey is magistrates.
still part of one of the most extraordinary features Under the new regime, the decision on such “either
of the English system of justice. way” cases would rest with the magistrates, although
Trials may be associated in popular culture with defendants would have the right to appeal to the crown
bewigged judges and barristers. But 97 per cent of court against a decision.
all criminal cases are judged by 30,000 part-time, Civil rights campaigners and lawyers are appalled
unpaid and legally unqualified volunteers like Mr by the proposals. Their objections go to the heart of
Bailey. fears about how the magistrates work – “middle-class,
This produces one of the cheapest court systems middle-aged white ladies sending unemployed young
in the world. But the fairness and quality of that black lads back to prison”, as one lawyer put it.

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 Unit 6: THE STRUCTURE OF THE COURTS
There is some evidence to back this view from a
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pilot study by the Home Office into magistrates’
courts in Leicestershire.
The preliminary findings suggest black defendants
accused of theft are more likely than other defendants
to get a custodial sentence and less likely to be granted
unconditional bail.
“Black people appear to be treated differently
throughout the criminal justice system. Trial by jury
is a key safeguard and Afro-Caribbeans are more
likely than Asians or whites to choose it”, said
Courtenay Griffiths QC, of the Society of Black
Lawyers.
“That reflects the mistrust of magistrates’ courts,
which are still perceived as being police courts”.
Such fears have not been assuaged by the system
for appointing magistrates that prevailed until
recently.
The local advisory committees that recommend
appointments to the Lord Chancellor were completely
secret.
Critics suspected the committee members tended
not to look beyond the local Conservative, Rotary or
golf club when trawling for candidates.
A study earlier this decade showed that fewer than
one in five magistrates were working class, and people
from ethnic minorities were substantially under-
represented.
Recent reforms have tried to redress this
imbalance. Contact details for the advisory committee
are now published, along with the names of
committee members.
The guidelines for choosing magistrates
emphasise there should be no racial or sexual bias.
The Lord Chancellor proposed in December that
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demographic factors should be taken into account
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when selecting magistrates.
But only a relatively small number of new
magistrates are appointed each year. “Any possible
improvement in balance whether in terms of political
persuasion, or indeed any other of the balancing
factors, can only be achieved gradually”, the Lord
Chancellor’s department admitted.
In the meantime, critics believe the abolition of
the right to a jury trial could add to an already over-
heavy workload for the magistrates’ courts.
“The system is already creaking. This would
threaten it with collapse”, said Malcolm Fowler,
chairman of the Law Society’s criminal law
committee.
“It is not the fault of the magistrates – the vast
majority of them do their honest best – but they do
so in circumstances that border on the intolerable ...
they have to churn cases as quickly as they can in
courts that are often woefully inadequate”.
The Lord Chancellor’s department said there was
no evidence of undue pressure on the courts.
“The system is coping and working to make itself
more efficient”, it said.
Whatever the effect of these reforms, there are
no serious moves afoot to challenge the wide-ranging
scope and powers magistrates enjoy.
The system offers cheap and fairly quick justice
in a way that many other countries admire.
There is also no evidence of a shortage of
volunteers to sit on the magistrates’ bench, most
motivated by a sense of civic duty.
“It’s a way of contributing to society”, said Mr
Bailey. “It’s not fun, but it’s interesting.”
From Financial Times, 27/5/1999
 Unit 6: THE STRUCTURE OF THE COURTS

A.4 Speaking practice: Exchanging views

A.4.1 Working in pairs, prepare 4 -5 questions about the article to ask other pairs. Use phrases from the box
below to start your questions. Then use the questions to see if the pairs next to you have a clear understanding
of the reading text.

What do you think is meant by ...?

What do you understand by ...?

What would be the result of ...?

What are the chances of ... ?

According to the article, who.../what...? Why is it that ....?

Was there anything in the article that...? What’s the reason behind...?

What are the implications of ...?

In your opinion, what should...?

A.4.2 Below you have some information concerning the qualifications of people who can be members of a
jury in England and Wales. Read it, then discuss in small groups the advantages and disadvantages of trial by
jury. Compare your conclusions with those of other groups.

info box

Qualifications of Jurymen

The basic qualification of jurymen is that of citizenship as evidenced by inclusion

in the Electoral Register. Anyone between the ages of 18 and 65 registered as an
elector who has lived in England or Wales for five years or more since the age of
13 becomes liable for jury service.
Payments in respect of jury service for travelling, subsistence and financial loss
are made to jurors.
Anyone who has been imprisoned in the past ten years is disqualified from serv-
ing on a jury as is anyone who has been on probation during the previous five
years.
Peers, judges, M.P.s, clergymen, barristers, solicitors, medical practitioners, mem-
bers of H.M. Forces and police officers are among the persons exempt from jury
service. Mentally ill persons are illegible.

Note: The word “jurors” is preferred today to the rather old-fashioned “jurymen”. Can you
explain why?

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A.5 Language Awareness

Look at the following excerpts from the article you read in A.3 and answer the questions in the margin:

Did R.B. own a washing Had Roger Bailey owned a washing machine in 1977, he might never have
machine? How else can you become involved in the criminal justice system.
put this? ..................................................................................

Trials may be associated in popular culture with bewigged judges and

Why is ‘may’ used here?
barristers. But 97 per cent of all criminal cases are judged by 30,000 part-
time, unpaid and legally unqualified volunteers like Mr. Bailey.
Why is ‘will’ used here?
This produces one of the cheapest court systems in the world. But the fairness
How does the meaning
and quality of that system will come under intense scrutiny following the
change if ‘will’ is replaced
government’s decision to abolish the right to trial by jury for tens of thousands
by ‘would’?
of cases.

Why does the author say Plans announced last week by Jack Straw, the home secretary, would prevent
‘would prevent’ and not defendants charged with offences such as theft and possession of drugs opting
‘will prevent’? for a crown court trial rather than a hearing before magistrates.
.......................................................................................

The preliminary findings suggest black defendants accused of theft

How else can you put this? are more likely than other defendants to get a custodial sentence and
less likely to be granted unconditional bail.

grammar box
WILL vs. WOULD
• will is used to talk about things you really expect to happen (or not to happen), things you
see as real possibilities:
e.g. I expect she’ll phone tonight.
I don’t think the new bridge will solve the traffic problem.

• would is used to talk about things you are just imagining as possible alternatives, but
which you don’t see as really going to happen:
e.g. If I were you, I wouldn’t smoke so much.
Why don’t you go jogging every morning? That would help you lose weight.

• By changing from will to would in the same context, we can turn from predicting what
will happen to imagining other possibilities:
e.g. The council’s plan to restrict the traffic will not solve the pollution problem in the area. A better
idea would be to take drastic measures against the big industrial pollutors. This would really
improve the local environment.

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A.6 Grammar Focus: The Passive

A.6.1 Look at the underlined verbs in the following passage from the article. Can you explain why the author
has used the Passive here? How would the meaning change if the verbs were in the Active Voice?
The Lord Chancellor proposed in December that demographic factors should be taken into
account when selecting magistrates. But only a relatively small number of new magistrates
are appointed each year. “Any possible improvement ... can only be achieved gradually.”
Find other examples of the Passive in the article.

A.6.2 Can you remember some ‘rules of thumb’ about how the Passive is formed? Apply these rules in
turning the underlined verbs below into the Passive. You will need to rewrite the passage. What effect is
achieved by these changes?

The European Convention on Human Rights provides for an individual’s right to respect for his
private and family life, home and correspondence. However, the British law of defamation offers
limited protection to celebrities, who often find that photographers have digitally doctored (i.e.
altered) their photographs to manipulate the public.

By contrast, American law gives greater protection to celebrities, who can sue publishers of
photographs that one could say are defamatory. In 1977, a US District Court awarded the actor
Dustin Hoffman $1,500,000 in punitive damages for invason of his right of publicity. Los Angeles
Magazine published a defamatory picture of Hoffman which the photographer had created by
merging a picture of the actor from the film Tootsie with another photograph of a model. The
judge found that the newspaper had “violated Hoffman by technology”, depriving the actor of his
dignity, professionalism and talent.

Time for fun!

Last night Sheffield police were held at

gunpoint and rubbed (sic!) by masked terrorists.

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grammar box
USING THE PASSIVE

• We use the Passive when we are interested in what happened to someone or something,
rather than in who did the action.

e.g. The police were called at the scene of the accident.

What action will be taken in this case?
We were told that their computer had been stolen.

• Passive reporting verbs followed by infinitives are especially common in more formal
written English (e.g. newspaper reports). In conversational English, active forms are
more ususal. Compare:

They are known to work for the Mafia. Everyone knows they work for the Mafia.
She is reported to be living in Chicago. There are reports she’s living in Chicago.
He is said to have robbed a bank. They say he robbed a bank.

• We also use the passive for stylistic purposes, in order to keep the same subject over
several sentences. Compare:

His grandfather fought in the Second His grandfather fought in the Second
World War and was wounded on World War and the enemy
D-Day. wounded him on D-Day.

A.6.3 Now replace the passives with their active

equivalents and make other changes, if needed, to turn
the piece of news below into less formal, more
conversational English, as you would tell it to a friend:

Mark Griffiths, 28, was hit in the chest and

arm by 50 shotgun pellets as he and another
man tried to smash their way into an old
man’s home. The gun had been fired in self-
defence by Mr. Fowler, an 82-year-old
pensioner, the court was told by the defence.
Nevertheless, Mr. Fowler was found guilty
and ordered to pay Mr. Griffiths £4,000
damages for physical injury. Griffiths is
believed to have been involved in several
other burglaries in the area, but this has not
been proved yet.

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Section B Attitudes to the Legal System

B.1 An Interview on the Public Attitude to the Courts

B.1.1 You are going to listen to an interview on people’s attitudes to the legal system in Britain. Before you
listen to it, discuss the folowing questions with a partner:
• What do you think is the public image of the courts among the British?
• What about the public perception of judges?

Are the following statements true or false? Discuss.

T F
• Most people in Britain have confidence in the legal system.
• Most British people believe that the system works better for the rich than
for the poor.
• Few people in Britain make the distinction between civil and criminal courts.

B.1.2 Now listen to the interview and see if your predictions are right.

B.1.3 Give your Opinion

What would people in Romania say if they were interviewed for a similar survey? Would their attitudes differ
from those of the British? How would you answer the question: “Do you trust our legal system?”
Apart from the criminal courts that have been discussed so far, the English juridical system includes a series of
courts for civil litigation. You can find some basic information about these in the Info box at the end of Section B.

B.2 Language Focus

B.2.1 Vocabulary Work

How many word patnerships can you form by combining the two lists below?
civil advice
legal court
criminal proceedings
judicial service
court rights
(to) go to system
(to) defend structure
(to) enforce

Now complete the following sentences with some of the word partnerships you have formed:
1. Solicitors offer ............ ............ to clients.
2. People are often reluctant to initiate ........... ............. .
3. The role of ............ .............. is to protect citizens from wrongdoers.
4. Many people are ignorant of the way in which the ............ ............ works.
5. People often associate ........... ........... ............ with being tried for a crime.

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B.2.2 Negative Prefixes

Use the prefixes in-, im-, mis-, un- to form the opposites of the following words (most of them can be found
in the article you read in A.3 and in the interview in B.1). Then write one or two paragraphs on the English
court system, including as many of these opposites as you can:

qualified balance
understanding tolerable
paid adequate
trust expensive
likely fortunate
fortune employed

B.2.3 Grammar Focus: -Ing Forms

(1) Compare the underlined words in the pairs of sentences below. What differences are there between those in
column A and those in column B? What do they have in common?
A B
Thank you for your invitation. Thank you for inviting me.

The courts play a major role in the The courts play a major role in protecting
protection of citizens. citizens.

A trial can be very stressful. Going to court can be very stressful.

Replace the nouns in italics with -ing forms, retaining the meaning:
1. A lawyer’s work can be very demanding.
2. He’s an expert in legal advice.
3. Were you responsible for the investigation of the case?
4. The Professor started his lecture with a review of the main divisions of law.

(2) Note that -ing forms often follow phrases with prepositions. Here are two more examples form the interview
you have listened to:
The media play an important part in shaping the public’s views.
The study revealed a perception of judges as prone to making insensitive comments.

Complete these sentences including a preposition and an -ing form:

1. They accused him ...... ................ the bank.
2. Courts are responsible ...... ................. the law.
3. Would you be interested ...... ................. the historical sources of English law?
4. They blamed her ..... ............... her children.
5. Is he thinking ..... ................... a career in law?

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(3) Look at the examples below. Which use a passive form?

The study involved questioning 1,100 adults.

For most people, going to court is the same as being tried for a criminal offence.
Being a magistrate is a way of contributing to society.
Why did they try to prevent him from being appointed a magistrate?

Jim Bradley is being held suspect in an armed robbery case. He didn’t actually take part in it, but he doesn’t
have an alibi. In the bubbles below you can see some of his fears and worries. Use -ing forms to say what they
are, starting your sentences like this:

He’s worried about ...

He’s afraid of ...
The judge
may not be
impartial.
The solicitor may
charge me more than
I can afford.
I may have to
appear before
They may send
a judge.
me to prison!
They may
sentence me
for something
I didn’t do!
I may not
get a fair
hearing.

Time for fun!

Two solicitors discussing their firm’s financial situation:

“Expenses are up, income is down. I think we need to charge our clients more.”
“Charge them more per hour! We can’t, really - our rates are extortionate already!”
“What if we shorten the hour to, say... fifty minutes?”
“Brilliant!”
“We could even shorten it to forty minutes and agree to reduce our «hourly» rate by
ten per cent!”
“We can surely fit a lot of hours in the day!”

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 Unit 6: THE STRUCTURE OF THE COURTS

info box

Civil Courts in England and Wales

As the English legal system has evolved mainly through case law, in the structure of the
courts inferior courts are bound by the decisions made by the High Court. Similarly, the
High Court is generally bound by the decisions made by the Court of Appeal and the
House of Lords. The court which deals with a case for the first time, as opposed to a court
where the case goes on by way of appeal, is known as the court of first instance.

The High Court

The High Court includes the Royal Courts of Justice, based in London, as well as other
branches, known as District Registries, in larger towns throughout England and Wales.
The High Court consists of three divisions:
a) Chancery Division, which deals with matters such as trusts and disputes about
ownership of land, and also includes the Companies Court and the Patents Court.
b) Family Division, which deals with family matters such as some defended divorce
cases, legitimacy, and adoption.
c) The Queen’s Bench Division, the most used division of the High Court, which deals
with all matters that are not specifically allocated to the other divisions (e.g. contract
and tort). It includes the Admiralty Court and the Commercial Court.

Appeals against decisions made in the High Court can be made to the Court of Appeal.

High Court judges are appointed from the ranks of barristers and solicitors. They hear
cases, and also some legal matters which may be heard in private in the judge’s room (or
chambers) and do not have to be heard in open court. All judges in the different divisions
of the High Court have considerable judicial powers. Some of them may be promoted to
the Court of Appeal or even to the House of Lords. The Lord Justices of Appeal must
either be judges already or barristers of 15 years’ standing.

The County Court

Each district in England and Wales has its own county court and a District judge is
responsible for his own court. Some of the larger courts in urban areas have more than
one District judge, while in some of the smaller areas several courts are grouped together
with just one District judge between them. A District judge is appointed by the Lord
Chancellor and is a solicitor or barrister of some years’ standing. Circuit judges, who
travel from one court to another, also hear cases in the county courts. A circuit judge
must have been a barrister of 10 years’ standing.

Besides hearing civil litigation cases, some county courts, but not all, may deal with
certain divorce cases, admiralty, bankruptcy and race relations matters. Certain types of
proceedings relating to copyright, designs and patents may also be heard in county
courts, but an even wider range may be heard in the Patents County Court.

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Section C Court Structure in Romania

C.1 Together brainstorm facts you know about the structure of Romanian courts. When you have done this,
read the Info Box at the end of this unit, giving a brief outline of the legal system in Romania and compare
it with your list. Are there any aspects you have not mentioned/ thought about?

C.2 In groups draw a comparison between two different court systems, as follows:
Group A - the U.S. and the English systems
Group B - the U.S. and the Romanian systems
Group C - the English and the Romanian systems
Put down in note form what the respective systems have in common and what distinguishes them.
You may also refer to the public’s knowledge of the court system and understanding of how it works, as well
as their attitude to it. State what measures should be taken to improve these.

C.3 Giving a Presentation

C.3.1 In the next part of this section, you will have to give a presentation on your topic. Before you do so, study
the instructions below outlining the structure of a presentation.

The Introduction (“Tell them what you’re going to tell them”)

- greet the audience (+ introduce yourself)
- give the subject/title of your talk
- describe the structure of your talk
- refer to questions and/or discussion

The Main Body (“Tell them”)

Sections Sub-sections
- first part -a
-b
-c
- second part -a
-b
-c

- third part -a
-b
-c

The Conclusion (“Tell them what you’ve told them”)

- sum up the main points
- conclude
- invite questions from the audience and/or introduce discussion

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 Unit 6: THE STRUCTURE OF THE COURTS

C.3.2 Here are some useful phrases for the various stages of the presentation. In pairs, decide which phrases
to use in each of the stages outlined above. The first one has been done as an example.

a. Introducing the subject

I’m going to talk about ...
The subject of my talk/presentation is ...
I’d like to give you an overview of ...
I’d like to begin by ...
b.
.................................
I’d like to end by emphasising the main points.
I’d like to recap/sum up now ...
Let me summarise briefly what I’ve said.

c.
....................................
My talk will be divided into ... parts. d.
.................................
First (of all ), I’ll ... Second.... Third...
Please interrupt if you have any questions.
Firstly... Secondly ... Thirdly ...
After my talk there’ll be time for questions.
In the first part, I’ll ... Then ... Next ... Finally ...

e.
...................................
f.
Let me turn now to ... .......................................
Now I want to (describe) ... Good morning/afternoon, ladies and
Let’s move on to ... gentlemen.
Let’s look now at ... Ladies and gentlemen, ...

g.
...................................
In conclusion, ...
To conclude, we can say that ... h.
...............................
I think we have seen that ... There are (three) things to consider.
First ... Second ...
One is ... Another is ... A third (aspect) ...
On the one hand, ...
On the other hand, ...
i.
......................................
Right, I’ve told you about...
So far we have looked at ...
So much for ... j.
................................
Thank you for listening. Now I’d like to invite your comments.
Right. Now, are there any questions or comments?
I’d be very interested to hear your comments.

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 Unit 6: THE STRUCTURE OF THE COURTS

C.3.3Now use your notes in C.2 above and phrases from C.3.2 to prepare your presentation. Work in your
groups. Prepare a visual aid or use the board to accompany your talk. Each of you should be responsible for
delivering one part of the presentation.
While listening to your colleagues’ presentations, fill in the feedback form below:

Observation sheet for oral presentation

Name of presenter Score

Aspects 1 5
Points to consider (min) (max)
Content - subject knowledge
- relevance
- evidence/ support information
Clarity - outline/ organisation
- coherence
- signalling/ sequencing
- planning
Delivery - contact with audience
- persuasiveness
- timing
Range/ use - appropriacy
of expression - variety
- fluency
Accuracy - grammar
- vocabulary
- pronunciation

info box

The structure of courts in Romania

Competenþa dupã materie:
“Art. 1 - Judecãtoriile judecã:
1. în primã instanþã, toate procesele ºi cererile, în afara celor date prin lege în competenþa
altor instanþe;
2. plângerile împotriva hotãrârilor autoritãþilor administraþiei publice cu activitate
jurisdicþionalã ºi ale altor organe cu astfel de activitate, în cazurile prevãzute de lege;
3. în orice alte materii date prin lege în competenþa lor.

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 Unit 6: THE STRUCTURE OF THE COURTS

Art. 2 - Tribunalele judecã:

1. în primã instanþã:
a) procesele ºi cererile în materie comercialã al cãror obiect are o valoare de pânã la 10
miliarde lei inclusiv, precum ºi procesele ºi cererile în aceastã materie al cãror obiect
este neevaluabil în bani;
b) procesele ºi cererile în materie civilã, al cãror obiect are o valoare de peste 2 miliarde
lei; b1) conflictele de muncã, cu excepþia celor date prin lege în competenþa altor
instituþii;
c) procesele ºi cererile în materie de contencios administrativ, în afarã de cele date în
competenþa curþilor de apel;
d) procesele ºi cererile în materie de creaþie intelectualã ºi de proprietate industrialã;
e) procesele ºi cererile în materie de expropriere;
f) cererile pentru încuviinþarea adopþiilor;
g) cererile privind punerea sub interdicþie, declararea dispariþiei ºi declararea morþii;
h) cererile privitoare la nulitatea cãsãtoriei, nulitatea sau desfacerea adopþiei ºi cele pentru
decãderea din drepturile parinteºti;
i) cererile pentru repararea prejudiciilor cauzate prin erori judiciare sãvârºite în procesele
penale;
j) cererile pentru recunoaºterea, precum ºi cele pentru încuviinþarea executãrii silite a
hotãrârilor date în þãri strãine;
2. ca instanþe de apel, apelurile declarate împotriva hotãrârilor pronunþate de judecãtorii
în primã instanþã;
3. ca instanþe de recurs, recursurile declarate împotriva hotãrârilor pronunþate de judecãtorii
în ultimã instanþã;
4. în orice alte materii date prin lege în competenþa lor.

Art. 3 – Curþile de apel judecã:

1. în primã instanþã, procesele ºi cererile în materie comercialã al cãror obiect are o valoare
de peste 10 miliarde lei, precum ºi procesele ºi cererile în materie de contencios
administrativ privind actele autoritãþilor administraþiei publice;
2. ca instanþe de apel, apelurile declarate împotriva hotãrârilor pronunþate de tribunale în
primã instanþã;
3. ca instanþe de recurs, recursurile declarate împotriva hotãrârilor pronunþate de tribunale
în apel, sau împotriva hotãrârilor pronunþate în primã instanþã de tribunale în procesele
ºi cererile în materie comercialã, precum ºi alte cauze prevãzute de lege;
4. în alte materii date prin lege în competenþa lor.

Art. 4 – Curtea Supremã de Justiþie judecã:

1. recursurile declarate împotriva hotãrârilor curþilor de apel ºi a altor hotãrâri, în cazurile
prevãzute de lege;
2. recursurile în interesul legii;
3. recursurile în anulare;
4. în orice alte materii date prin lege în competenþa sa.

(extras din Codul de procedurã civilã, cu modificãrile aduse prin OUG Nr. 138/2000)

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 Unit 6: THE STRUCTURE OF THE COURTS

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