27.1.

2011

ENGLISH FOR LAWYERS I

UNIT 1

What Is Meant by Law?

27.1.2011

Introduction to law: BASIC TERMS

Which terms do you associate with LAW?

JUDGE to TRY LAWYER to ACCUSE COURT to APPEAL WITNESS

JURY GUILTY MURDER INNOCENT

Basic legal terms

Match verbs with nouns:

cross examine break commit hear pass

the law a crime a verdict a case a witness

27.1.2011

BASIC LEGAL TERMS

Which terms do you associate with LAW?

lawyer

legal

illegal lawful

LAW

lawmaker unlawful

BASIC LEGAL TERMS

What do we do with LAW?
pass --- enact --- lay down impose --- enforce break --- violate --- apply

27.1.2011

What is meant by LAW?

The whole procedure has been conducted BY LAW. It is against the LAW to bully. A new LAW on financial leasing has recently been passed. Her uncle has been practising LAW for 20 years. She is studying LAW at he University of Zagreb. It is not easy to understand THE LAW.

What does LAW mean?

(a/the/)

LAW

LAWS OF A COUNTRY (RULES)

BRANCH OF KNOWLEDGE SUBJECT PROFESSION

LEGAL SYSTEM THE POLICE THE COURTS JUDGES

27.1.2011

Definitions of LAW
From Oxford Advanced Learners Dictionary:
1. SYSTEM OF RULES (U) (also the law) the whole system of rules that everyone in a country or society must obey 2. ONE RULE (C)a rule that deals with a particular crime, agreement etc. 3. SUBJECT/PROFESSION (U) the study of the law as a subject at university; the profession of being a lawyer 4. POLICE (U) (the law) used to refer to the police and the legal system 5. OF ORGANIZATION/ACTIVITY (c) one of the rules which controls an organization or activity

How do you understand the following terms in the context of THE LAW?

rules conduct / behaviour norms to enforce to impose a state social purpose coercion power

27.1.2011

Read the text and match the subtitles with the paragraphs:

The law not a pure system of norms A number of different laws Law a difficult term to define The law in the sense of the legal system the most common definitions

The most common definitions of LAW

1) Find the three most common definitions of

LAW in the text.

2) Translate them into Croatian. 3) Discuss the definitions. What do you think of

them?

27.1.2011

Finish the following sentences according to the text.

1. The law cannot be defined as _____________. 2. The law cannot be separated _____________. 3. The law is based on _________________and has _________________________. 4. The social purpose of the law is ____________ ______________________________________.

Which verb collocates with which noun? Match them.

conform (to) impose enforce avenge apply

law violation of the law rules physical force actions

27.1.2011

Essential terms:
law = pravo; zakon; propis lawyer = pravnik, odvjetnik legal = zakonit, legalan, pravni illegal = protupravan, protuzakonit, nezakonit lawful = zakonit, zakonski unlawful = nezakonit, protuzakonit, nelegalan a jurist = (znameniti) pravnik, jurist to conform TO rules = prilagoditi (se) pravilima, biti u skladu s pravilima rules of conduct = pravila ponaanja to impose = nametnuti to enforce = provoditi, provesti an infraction / violation of a law = krenje zakona application (of physical force) = primjena coercion (physical of psychological) = prisila, prinuda to regulate (human behaviour) = urediti/ureivati to establish (social order) = uspostaviti

27.1.2011

UNIT 2
Legal Systems of the World Sources and Varieties of English Law

Legal Systems of the World

27.1.2011

Legal Systems of the World

Major legal systems:
1. CIVIL LAW 2. COMMON LAW 1. RELIGIOUS LAW

Legal systems of the world

CIVIL LAW (continental law) - most widespread system, based on Roman Law (French, German
Scandinavian)
-

Main source : enacted laws (codes/statutes) passed by legislature laws provide general principles and guidelines which are applied in each case

COMMON LAW
-

developed in England in the 11th century UK, Ireland, USA (except Louisiana), Canada (except Quebec), Australia, India, India, Hong Kong Main sources: a) ancient customs, b) judicial precedents (previous court rulings) c) enacted laws

- does not provide general principles, but court rulings

27.1.2011

Legal systems of the world

RELIGIOUS LAW
-

Main source: a religious system or document usually follows the the principles of either civil or common Sharia in Islam; Halakha in Judaism Afghanistan, Saudi Arabia, Oman Libya

LEGAL SYSTEMS often combinations of two or more systems Israel (common, civil, Jewish), Cyprus, Louisiana (French civil + common - federal laws)

Common law vs. Civil law

The common-law legal system contrasts strongly with the civil-law legal system of Continental countries. Read the following pieces of information and decide which type of legal system they apply to. A civil law/common law B central importance of enacted law/central importance of precedent C from general rules to particular cases/from individual cases to general rules D principles are flexible/principles are based on real facts/ in time fixed principles may not correspond to changing circumstances / principles develop in individual cases/ general enacted principles are applied to individual cases

English law
A Type of legal system B Basic characteristics of the system C Style of legal reasoning D Legal principles

Continental law

27.1.2011

UK judicial system
UK a unitary state made up of several separate jurisdictions - no single unified judicial system

UK judicial system
legal system of England and Wales legal system of Northern Ireland

legal system of Scotland

- substantial identity on many points - considerable differences in law and in procedure

Sources of English law

English legal system = common law legal system English law no unified structure

ENGLISH LAW
ANCIENT CUSTOMS JUDICIAL PRECEDENTS
ENACTED LAW (Acts of Parliament) EUROPEAN LAW

EQUITY

CUSTOM = unwritten law established by long use JUDICIAL PRECEDENT = a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases ENACTED LAW = written law made by Parliament or another legislative body

27.1.2011

COMMON LAW and EQUITY

-

two parallel systems of justice which exist side by side in English law

COMMON LAW (as a part of law, not as a legal system)

-

part of law formulated, developed and administered by the old common law courts; based on the common customs of the country - UNWRITTEN

EQUITY
-

grew up from the practice of medieval Lord Chancellors; administered by the Court of Chancery purpose to add to or supplement common-law rules in cases where these were too rigid to give justice gradually became more rigid; 1873 fused with common law; since then administered by the same courts now an indistinguishable part of English law

Principal divisions of English law

I according to the territory on which it is applied
1. DOMESTIC LAW 2. INTERNATIONAL LAW

II according to the parties involved 1. PRIVATE LAW areas of law involving private citizens 2. PUBLIC LAW areas of law in which the state has a direct interest

27.1.2011

Sources and Varieties of English Law - Reading comprehension

I Read quickly the text to decide which heading goes with which paragraph of the text. (1) Common law (2) Branches of English law (3) English common law and Roman law (4) No unified structure of English law/ Equity and common law II Read the text once again in more detail and do comprehension check exercises on pages 8 and 9.

Sources and Varieties of English Law - Exercises

I Match the words from BOX A and BOX B below which are most closely connected. What is the connection between each pair of words? BOX A BOX B

1. case law 2. justice 3. Lord Chancellor 4. common law 5. custom 6. Parliament

a) equity b) legislator c) civil law d) law reports e) Equity f) usage

27.1.2011

Sources and Varieties of English Law - Exercises

Complete the following passage . For each blank space choose the correct word from the list below. Use each word once only.

The Importance of Legislation as a Source in English and Continental Law In many (1) continental countries much of the law is (2)__________ . For this reason there is more written, or (3)_____________ than (4) ______________ law. In contrast, there is no general code of (5)________________ law. Still,(6)___________ is common, and many areas of law, e.g. (7)___________________ are codified, but (8)______________ is the main source of the law. partnership, enacted, continental, unwritten, English, judicial precedent, legislation, codified

Match the following legal terms with their definitions:

a court; a lawyer; a judicial precedent; enacted law; legislation; a judge; the constitution; parliament =a written law made by Parliament or another legislative body =a place where justice is administered =the system of fundamental principles according to which a nation, state, corporation, or the like, is governed =making or enacting laws =a public officer authorized to hear and decide cases in a court of law =a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters =a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases =a legislative body in various countries

27.1.2011

Essential terms
common law = 1. anglosaksonsko pravo; 2. obiajno pravo civil law = 1. kontinentalno pravo; 2. graansko pravo a custom = obiaj Roman law = rimsko pravo the rules of equity = pravila/zakoni pravinosti enacted law = pisano pravo, zakonski propis (koje donosi parlament) to enact = donijeti, propisati (od strane parlamenta) to legislate = donijeti/donositi zakone legislation = zakonodavstvo, donoenje zakona legislature = zakonodavno tijelo, zakonodavna vlast legislative = zakonodavni judicial precedent = sudski presedan criminal law = kazneno pravo; substantive law = materijalno pravo; family law = obiteljsko pravo; administrative law = upravno pravo; constitutional law = ustavno pravo; revenue law = financijsko pravo; adjectival (procedural) law = procesno pravo

UNIT 3 Separation of Powers Statute Law in Britain

The Doctrine of Separation of Powers

a model for the governance of democratic states closely linked to the RULE OF LAW John Locke (1690) if the same person has the power to make laws and execute them, they may exempt themselves from the laws they make and use the law to their own private advantage a separate legislature and executive Montesquieu (1689-1755) "the independence of the judiciary has to be real, and not apparent merely warned of failing to separate judicial power from the others

Separation of powers
the state power is divided into branches each branch of the state has separate and independent powers and areas of responsibility

STATE POWER

LEGISLATIVE PARLIAMENT
(enacts laws)

EXECUTIVE GOVERNMENT
(implements laws)

JUDICIAL COURTS OF LAW

(interprets+applies laws)

The English legal system

STATUTE LAW

COMMON LAW

PARLIAMENT EUROPEAN COMMUNITY

ANCIENT CUSTOMS JUDICIAL PRECEDENTS EQUITY LAW

Statute law and Common law

STATUTE LAW = primary legislation = set out in statutes voted by Parliament = approved by the Monarch COMMON LAW = created by courts = developed through creation of precedents

Statute law
formal, written law of a country or state = enacted law = codified law written and enacted by its legislative authority (Parliament) originally enacted by the monarch Parliaments powers grew, monarchs powers diminished taken over by Parliament statutes are organized in topical arrangements called CODES (e.g. Commercial Code, Criminal Code etc.) or STATUTE BOOKS

Legislative powers
UK PARLIAMENT
- supreme legislative body in the United Kingdom and British overseas territories - parliamentary sovereignty (ultimate power over all other Political bodies; dates back to 16th century) - at its head - the Sovereign, Queen Elizabeth II - passes legislation specific to

a) England and Wales Acts of Parliament b) the whole of the UK

Composition of the UK Parliament

BICAMERAL
The Monarch
UPPER HOUSE LOWER HOUSE

The House of Lords

hereditary body Life peers Bishops Hereditary peers
(currently around 740 Members)

The House of Commons

elected and representative body MPs Members of the Parliament
(650 Members)

The Houses of Parliament

Statute law in Britain

Reading comprehension Part I
Compare the 1st paragraph of the text with the following sentences. Mark them true (T) or false (F) and find the line(s) in the text which confirm(s) your choice.

1. In Britain parliament means the same as legislation. 2. Law-making is Parliaments main function. 3. The difference between legislation and judiciary is in the fact that legislation affects the rights of unnamed individuals in general, while judiciary operates in concrete individual cases. 4. Constitutions usually do not define legislative power.

Statute law in Britain

Part II
I Study the 2nd paragraph and fill in the gaps of the following sentences with appropriate characteristics of the two parts of the law in England.
TYPE OF LAW Common law Statute law DEFINITIONS

II The nature of English laws and the relation between COMMON LAW and STATUTE LAW is well illustrated in the text. What is compared to what? Common law Statutes = = =

bricks constantly added

Statute law in Britain

Part III
Use the information in the third part of the text to complete the following statements. 1. The quality of statute law has increased at an .rate throughout this century. 2. Even a statute of .. content can be added to the book, provided that it has passed through the procedure. 3. Once a statute has been and added to the statute book, .. are obliged to follow it in dealing with any cases to which the statute is . 4. If a new statute .. the effect of some older statute already in the book, the new statute must clearly include . of whatever in the old one is . with the intentions of the new. 5.Statues can be of two kinds: .. or . The former ones are directed to the . as a whole, while the latter ones adjust the law and give special powers or rights to, ., . etc.

Vocabulary practice
II Replace the underlined parts of the sentences by one of the given verbs. alter, assign to, approve, affect 1. In constitutions law-making is usually said to be a responsibility of law-making bodies. 2. The law of the state influences the rights of all members of this particular state. 3. All Acts passed by the British Parliament have to be accepted by the Queen. 4. A new statute might change the effect of some older statute already in the book.

Legislative procedure
ACT OF PARLIAMENT starts as a BILL

Bill = a proposal for a new law, or

= a proposal to change an existing law, presented for debate before Parliament

Bill = can start in the House of Commons or the House of Lords

= must be approved in the same form by both Houses before becoming an Act (law)

Who can propose / introduce a Bill?

The government Individual MPs or Lords Private individuals or organisations

Different types of Bills

PUBLIC BILLS the most common type of bills, proposed mostly by the
Government, apply to the general population (eg. Change to the national speed limit on motorways)

PRIVATE MEMBERS BILLS Public Bills introduced by MPs and Lords

who arent government ministers; only minority become law; may affect legislation indirectly by drawing attention to specific issues

PRIVATE BILLS- usually promoted by organisations (e.g. local authorities

or private companies) to give themselves powers beyond the general law; change the law as it applies to specific individuals or organisations

HYBRID BILLS - mix the characteristics of Public and Private Bills; changes
to the law proposed by a Hybrid Bill would affect the general public but would also have a significant impact for specific individuals or groups (eg. Channel Tunnel Bills

Legislative procedure
I HOUSE OF COMMONS BILLS usually originate in the Commons -goes through several stages (readings and debates) II HOUSE OF LORDS - debate, vote on passage - may return a Bill to the Commons for revision and amendments - RESTRICTED POWERS - can only delay the passage of Bills;cannot delay the passage of Money Bills III THE MONARCH - if passed in identical form by both Houses presented to the Queen for the ROYAL ASSENT approval of the Queen - a formal role

BILL

LAW (Act of Parliament)

The Royal Assent

the formal method by which a Monarch in many constitutional monarchies completes the process of the enactment of legislation, by formally assenting to an Act of Parliament The three formal options: 1. Grant the Royal Assent = sign a bill into a law 2. Withhold the Royal Assent = veto the Bill 3. Reserve the Royal Assent = neither veto nor confirm it, just leave it in limbo for an unspecified period - in practice no British monarch since 1707(1708) has withheld the Royal Assent

Delegated legislation
secondary legislation made by bodies other than Parliament (e.g. the Government, Ministers, the Queen, local authorities)

1. Orders in Councils 2. Statutory Instruments 3. Byelaws

Essential terms
-

separation of powers (legislative, executive, judicial) = podjela vlasti (zakonodavna, izvrna, sudbena) statute / statutory law = kodificirano (pisano) pravo statutory laws = zakonski propisi (koje donosi parlament) statutory book = zbirka zakona/zakonik case law = pravo sudskih presedana, sudska praksa an Act of Parliament = zakon (koji donosi parlament) to pass/enact a law = donijeti zakon a bill = nacrt zakona, prijedlog zakona to introduce a bill = podnijeti prijedlog zakona to vote on a bill = glasovati o prijedlogu zakona sovereignty = independence = suverenitet, nezavisnost (sovereign = independent) supreme = vrhovni, najvii Royal Assent = kraljevska potvrda zakona; to grant = dati; to withhold = uskratiti to approve approval = odobriti (odobrenje) to appoint = imenovati; appointment = imenovanje to alter = promijeniti to amend (a bill or a law)= dopuniti ; amendment = amandman, dopuna to affect = utjecati, djelovati adjudication = sudska odluka, presuda

10

27.1.2011

UNIT 4
The British Judiciary

Separation of powers in the British context

- UK constitution (not written down in one document) weak

separation of powers, rather partial fusion of powers Principle of Parliamentary sovereignty - Parliament cannot be controlled by judiciary The Monarch - a formal role in the fusion of the various arms of state
a) b) c)

a part of the Parliament summons and dissolves it, gives Royal Assent to all Bills so that they become Acts; appoints all Government ministers; they govern in the name of the Crown appoints all senior judges; all public prosecutions are brought in his or her name

The Prime Minister

a) By convention must be a member of the Government; can be removed from office by a simple majority vote of Parliament b) a member of the House of Commons

The Judiciary no judicial

Court of the UK in 2009

independence until the establishment of the Supreme

27.1.2011

Before the Constitutional Reform Act

The House of Lords
the second chamber of the legislature - the highest court of appeal in the UK (Judicial Committee)

Lord Chancellor (appointed by the Sovereign

on the advice of the Prime Minister)
- Minister of Justice (member of the Government) appoints new judges - A senior judge and Head of Judiciary -presides over the Judicial Committee of the House of Lords - a member of the Parliament Speaker of the House of Lords contrary to the principle of judicial independence and the separation of powers

Law Lords (Lords of Appeal in Ordinary)

members of the House of Lords; - judges of the Appellate Committee as the highest
court in England and Wales- the final arbiters of judicial disputes in the UK

Towards greater separation the Constitutional Reform Act 2005

a set of reforms aimed at increasing the transparency of the system and clarifying the relationship between the three arms of the state came into force on 3 April 2006 A) Reforming the role of Lord Chancellor B) A new Supreme Court C) Reform of the system for judicial appointments

judges now truly independent - judicial independence is now officially enshrined in law changed dramatically the Lord Chancellors role - removed the judicial functions from the office of the Lord Chancellor the real differences - the way judges are appointed and the way complaints are dealt with

27.1.2011

After the Constitutional Reform Act 2005

A) The Lord Chancellor
-

Minister of Justice (member of the Cabinet) Member of the Parliament no longer the Speaker of the House of Lords) no longer appoints judges judicial functions transferred to the President of the Courts of England and Wales the Lord Chief Justice of England and Wales

B) The Lord Chief Justice of England and Wales

- head of the judiciary of England and Wales - responsible for the training, guidance and deployment of judges and represents the views of the judiciary of England and Wales to Parliament and ministers

After the Constitutional Reform Act 2005

C) Supreme Court of the United Kingdom
-

established in October 2009 replaced the Appellate Committee of the House of Lords independent, separate from the House of Lords and with its own independent appointments system, staff, budget and, its own building

- Law Lords in office became Justices of the Supreme Court and lost their right to speak and vote in the House of Lords until their retirement as Justices of the new court

D) Judicial Appointments Commission

responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice (merit remains the sole criterion for appointment)

27.1.2011

The Judiciary Types of judges

I Superior judges
The Lords of Appeal in Ordinary (the Law Lords) sit now in the Supreme Court The Lords Justices of Appeal - in the Court of Appeal High Court judges (known as puisne judges) sit in the three divisions of the High Court

II Inferior judges
Circuit judges sit in both the Crown Court and the County Court Recorders part-time judges sitting usually in the Crown Court District judges hear small claims and other matters in the County Court Magistrates either lay (Justices of the Peace) or professional (stipendiary magistrates) judges who sit in Magistrates Courts

The British Judiciary Reading comprehension

I Read the first 3 paragraphs of the text.
What were the 3 roles of the Lord Chancellor before the Constitutional Reform Act? Which branch of government does each of these roles belong to?

II Read paragraphs 4 and 5.

Which judges are appointed by or on the advice of :
a) b)

The Lord Chancellor : _______________________________________ The Prime Minister: ________________________________________

What was the criterion for the appointment of judges in the past?

27.1.2011

The British Judiciary Reading comprehension

III Read paragraph 6. Compare a career in the judiciary in England and Wales with the one in Croatia. IV Read paragraph 7 and 8. What are advantages and disadvantages of being a judge in the UK? Who can remove judges prom office, on whose initiative and for what reason? What is the social background of most English judges?

Judicial appointments after CRA 2005

Judicial Appointments Commission
-

appointments are made solely on merit - the Commission is entirely responsible for assessing the merit no candidate can be appointed unless recommended by the Commission the Commission must consult with the Lord Chief Justice and another judge of equivalent experience before recommending a candidate for appointment The Lord Chancellor confirms a candidate, can reject once or ask the Commission to reconsider has limited powers in relation to recommendation for appointment The Lord Chancellor approves the final selection and then the candidate is formally appointed by a) the Lord Chancellor; b) the Queen (appoints the more senior judges and recorderson the advice of the Lord Chancellor or the Prime Minister)

Supreme Court Judges selected by the Supreme Court selection commission;

selection reported to the Lord Chancellor (he can reject or ask the commission to reconsider if the person not the best candidate on merit)

27.1.2011

Essential terms
-

judicial power = sudbena vlast judiciary = sudstvo, suci judicial independence = sudaka neovisnost to appoint = imenovati to remove from office = razrijeiti dunosti judicial appointments = imenovanja sudaca a term of office = mandat to have the security of tenure = imati sigurno namjetenje to be drawn from the Bar = biti imenovan iz redova viih odvjetnika (barristera) the Cabinet = Vlada

a civil servant = dravni slubenik to hear a case = suditi to sit as a judge = obavljati dunost suca to carry out = provoditi to preside over = predsjedavati puisne judges; circuit judges; recorders; stipendiary magistrates = suci niih kaznenih sudova (magisteates courts) justices of the peace (JPs) = mirovni suci, suci laici niih kaznenih sudova the Bar = odv jetniki stale the Bench = sudaki stale inability or misbehaviour = nesposobnost ili loe vladanje

Vocabulary practice
I Complete the following definitions.
1. 2. 3. 4. 5. 6. 7.

____________ ______________ are public administrative officials in Great Britain. ____________ ______________ are judges of the High court appointed among barristers of at least ten years standing. The chief ministers of the British government are referred to as __________________________ . ____________ ______________ is the first minister of State in Great Britain and the official head of the Cabinet. __________________ is a member of the legal profession whose main function is to argue cases in court. __________________ is the officer whose duty is to preside over the debates of one of the Houses of Parliament. __________________________ is the head of the British judiciary.

27.1.2011

Vocabulary practice

Court personnel

II Complete the following text choosing from the words below. jury - judges recorders - clerk barristers prosecutor magistrates - bench
The largest group of ________________ are ___________________, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit in a group of three (as a _____________). Magistrates sit with a legally qualified ______________ , who can advise on points of law. A case is presented by the ________________ , who takes over the case from the police who have already charged the defendant (or accused) with specified crimes. In the upper courts, the judges are almost all former ______________ . But many cases are also heard by ________________ - part-time barristers from private practice. The Crown Court _______________ consists of 12 persons, aged 18 to 70.

27.1.2011

UNIT 5
The Hierarchy of the Courts The Doctrine of Precedent

The Hierarchy of the Courts

European Court of Justice Supreme Court of the UK S U Court of Appeal (Civil Division) High Court (Family,
Chancery, and Queens Bench Divisions)

Court of Appeal
(Criminal Division)

P E R

High Court
(Queens Bench Division)

I O R
COURTS

Crown Court

County courts

Magistrates courts

CIVIL
JURISDICTION

CRIMINAL

27.1.2011

Courts of England and Wales

Use the diagram to answer these question.
a) What are the two main areas of jurisdiction of English

courts? b) Which courts exercise jurisdiction in both areas? c) Which are the superior courts in England and Wales? d) Which court is the last resort court?
e) Which division of the High Court exercises the criminal

jurisdiction? f) Do county courts hear all civil cases? g) Which court is superior to the Supreme Court of the UK?

Courts of England and Wales

Court of Appeal County Court main civil court in England and Wales court 0f both civil and criminal jurisdiction to which a person may go to ask for an award or a sentence to be changed highest court of appeal in both civil and criminal cases court which hears local civil cases court, formed of a circuit judge and a jury, which hears criminal cases court presided over by magistrates

Magistrates Court Crown Court High Court Supreme Court of the UK

27.1.2011

Courts of England and Wales - Key

Court of Appeal = court of both civil and criminal jurisdiction to which a person may go to ask for an award or a sentence to be changed court which hears local civil cases first instance criminal and civil court presided over by magistrates court, formed of a circuit judge and a jury, which hears criminal cases main civil court in England and Wales highest court of appeal in both civil and criminal cases

County Court Magistrates Court Crown Court

= = =

High Court

Supreme Court of the UK =

Royal Courts of Justice

It houses a) The Court of Appeal of England and Wales b) The High Court of Justice of England and Wales

27.1.2011

How do courts contribute to the development of English law?

A The development of common law
(many principal doctrines have been established through cases determined in the higher courts - case law)

B Statutory interpretation
(courts play a crucial role in the interpretation of the statutes enacted by the Parliament)

C Procedural law
(courts make important contributions to the development of the procedures which the courts follow)

The Doctrine of Precedent

THE DOCTRINE OF PRECEDENT = STARE DECISIS (Latin stand by the decision) - policy of courts to abide by or adhere to
principles established by decisions in earlier cases
-

plays a crucial role in the English legal system because common law is an important source of law in the English legal system distinguishes common law from civil-law systems under stare decisis, once a court has answered a question, the same question in other cases must elicit the same response from the same court or lower courts in that jurisdiction

Judge made law case law

-

now at least 400,000 reported cases some areas of law (such as the law of torts) are found mainly in cases

27.1.2011

Judicial Precedent
a judicial decision that serves as a rule for future determinations in similar or analogous cases - an authority to be followed in courts of justice can be made only by superior courts the source of law where past decisions of the judges create law for future judges to follow = CASE-LAW a major source of law both historically and today

Binding on - all courts of inferior jurisdiction + frequently followed by courts of equal status (Court of Appeal has to follow its past decisions)
-criminal courts are traditionally more relaxed on stare decisis, especially where an individuals liberty is at stake concerned more with points of fact

Judicial precedent
A judgement consists of

A Ratio decidendi = the reasons for deciding

- principle of law on which the decision is based - precedent can only operate if the legal reasons for past decisions are known (at the end of the case a judgement a speech of the judge giving the decisions and explaining the reasons for the decision) BINDING

B Obiter dicta other things said

- the remainder of the judgement remarks or observations made by the judge NON-BINDING Major problem to divide ratio decidendi from the obiter dicta

27.1.2011

Judicial precedent
A) Binding Precedent a precedent from an earlier case which must be
followed (even if the judge in the later case does not agree with the legal principle) The facts must be sufficiently similar. The court must be more senior or on the same level

B) Persuasive Precedent a precedent that is not binding on the court,

but the judge may consider it and decide that it is a correct principle to follow Sources: Ratio of courts lower in the hierarchy Privy Council decisions Obiter Dicta Statements Dissenting Judgments Decisions of courts in other countries

Point of law vs. Point of fact

POINT OF LAW
-

An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statute ( that are potentially applicable to other cases) resolving questions is a chief function of the judge

POINT OF FACT
-

An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury point of fact requires an interpretation of circumstances surrounding the case at hand

27.1.2011

Distinguishing, overruling and reversing

I DISTINGUISHING a method which can be used by a judge to avoid following a past precedent facts are sufficiently different not bound by the previous case II OVERRULING a court in a later case states that THE LEGAL RULE decided in an earlier case is wrong done by a higher court III REVERSING a higher court overturns the DECISION of a lower court on appeal because it disagrees with it

Advantages of precedent
A) Certainty
(since courts follow past decisions, people know what the law is and how it is likely to be applied on their case)

B) Consistency and fairness in the law

(it is just and fair that similar cases are decided in the same way)

C) Precision
(principles of law are set in actual cases the law becomes very precise) D)

Flexibility
(House of Lords /Supreme Court can change the law by overruling cases)

E)

Time-saving
(where a principle has been established, cases with similar facts are unlikely to go through the lenghty process of litigation)

27.1.2011

Disadvantages of precedent
A) Rigidity
(in time fixed principles may not correspond to changing circumstances inflexible law, bad decisions may be perpetuated)

B) Complexity
(nearly half a million cases not easy to find the relevant case law; long judgments with no clear distinction between comments and the reasons for decision)

C) Illogical distinctions
(differences between some cases may be very small and appear illogical)

D) Slowness of growth
(some areas of law are unclear or in need of reform few cases appealed as far as the House of Lords)

Law reporting
-

LAW REPORTS an accurate record of the past court decisions (published volumes) has existed in England and Wales since 13th century accuracy of reports - one of the factors in the development of the strict doctrine of precedent nowadays newspapers and journals also publish law reports often abbreviated Internet law reports High Court, Court of Appeal and House of Lords cases www.lawreports.co.uk (summaries of important cases) www.parliament.uk (House of Lords cases) www.bailii.org (cases from the Court of Appeal and below)

27.1.2011

Essential terms
first-instance court = prvostupanjski sud second-instance court = drugostupanjski sud court of last resort = najvii sud, zadnja sudska instanca

to abide by = potivati, pridravati se to bind / to be binding / non-binding on binding precedent = obvezujui presedan persuasive precedent = neobvezujui presedan to follow / accept a precedent = slijediti presedan to distinguish = razlikovati; to overrule = odbaciti; to reverse = ponititi, preinaiti to give / pass judgement = donijeti presudu point of law = pravno pitanje point of fact = injenino pitanje law reports = zbirke sudskih presuda to hear a case = odrati raspravu, suditi

superior=higher = / inferior=lower courts= vii / nii sudovi courts of civil = graanski sudovi criminal jurisdiction = kazneni sudovi stare decisis = pridravati se ranijih odluka viih sudova to establish a precedent = stvoriti presedan ratio decidendi / obiter dicta = dijelovi presude to adhere to = pridravati se

Vocabulary practice Word formation

Turn the following verbs into nouns.

to precede to depart to apply to emphasize to rule to adhere

precedent

27.1.2011

Supply the correct preposition.

Judicial precedents are binding ____ lower courts. According to the doctrine of precedent the Court of Appeal is bound ______ the judgments of the Supreme Court of the UK. The Supreme Court can depart _____ a previous decision when it appears right to do so. The English and Welsh courts must abide ______ the principles established by decisions in earlier cases. In practice, the doctrine of precedent means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases ______ to similar cases.

10

27.1.2011

SOLICITOR

BARRISTER

27.1.2011

SOLICITOR
- drafts legal documents
(conveyancing, drawing up contracts and wills) - gives written advice - traditionally represents in the inferior courts (Courts and Legal Services Act 1990 have the right to apply for a certificate of advocacy in higher courts; Access to Justice Act 1999 all solicitors should be given full rights of audience) - receives instruction from lay clients (e.g. the administration of estates, family matters, the formation of companies, criminal offences) - instructs barristers on behalf of lay clients

BARRISTER
- provides representation in
the courts (has the RIGHT OF AUDIENCE also all courts) - drafts documents associated with court procedure - gives specialist legal advice (e.g. on evidence and procedural matters) - takes instructions (only) from solicitors

SOLICITOR takes instructions from the client SOLICITOR prepares briefs and approaches the barrister BARRISTER gives an opinion or represents the client at the trial

27.1.2011

SOLICITOR
liable for

BARRISTER
(since 2000) liable for

NEGLIGENCE
not liable for

NEGLIGENCE
in the conduct of a case

DEFAMATION

SOLICITORS
employed

BARRISTERS
work

-independently in selfemployed practice in groups called chambers -in private practice (alone or in a partnership firm) - in industry and commerce - in government departments - in advice agencies
(cannot form partnerships)

and practice at the Bar as barristers - as in-house counsels (may only represent their employer) - in government departments

27.1.2011

3 STAGES
1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course postgraduate Diploma in Law (GDL) 2) Passing a one-year Legal Practice Course (LPC) + examination at the Law Society 3) working for 2 years as a trainee solicitor serving articles (with a legal firm or in the legal department of a local authority or large company) 3) admitted as a solicitor 4) receives his Certificate of Practice

3 STAGES
1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course postgraduate Diploma in Law (GDL) 2) joining one of the Inns of Court + a one year Bar Vocational Course; passing an examination (conducted by the Council for Legal Education) 2) the call to the Bar 3) pupillage a year long apprenticeship (usually at barristers chambers) applying for tenancy in chambers Full Qualification Certificate the RIGHT OF AUDIENCE in any court of law in England and Wales

27.1.2011

after at least 10 years as a barrister or solicitor with an advocacy qualification it is possible to apply to become a Queens Counsel (QC) 10% of the Bar take on more complicated and high-profile cases senior judges chosen from the ranks of QCs

3 STAGES BrE barrister

1) undergraduate study (4 years) 2) law school (3 years) juris doctor (J.D.) 3) the bar examination (shortly after graduation; preparatory courses 36 days)

AmE trial lawyer / attorney

BrE solicitor AmE lawyer

27.1.2011

- solicitor = nii odvjetnik - barrister = vii odvjetnik - the Bar = odvjetniki stale - to call to the Bar = postati lan Odvjetnike komore - to disbar = iskljuiti iz odvjetnike komore, oduzeti licencu - the Bar Council = Odvjetnika komora engleskih i velkih viih odvjetnika - Law Society = profesionalno tijelo engleskih i velkih niih odvjetnika - a bar association (AE) (Croatian Bar Association) = odvjetnika komora - to serve articles to a solicitor = obavljati praksu kod nieg odvjetnika - to qualify for Call to the Bar = ostvariti uvjete za dobivanje odvjetnike licence i prijem u Odvjetniku komoru - to undertake pupillage in chambers = obavljati odvjetniki vjebeniki sta u uredu vieg odvjetnika

- barristers chambers = ured vieg odvjetnika - to draw up/draft legal documents = sastaviti pravni dokument - a contract /a will = ugovor / oporuka - to give legal advice = pravno savjetovati - to receive instructions from lay clients = dobiti naputke (podatke) o predmetu od klijenta -to take instructions from a solicitor = dobiti naputke (podatke) o predmetu od nieg odvjetnika - to brief a barrister = upoznati vieg odvjetnika s predmetom - a brief = kratki prikaz predmeta to be liable for negligence / defamation = biti (pravno) odgovoran za nemar / klevetu - pleadings = pisani podnesci, parnini akti; to plead a case = zastupati u sporu

1 a lawyer who is qualified to plead on behalf of clients 2 in the UK, a training course which enables people who wish to become barristers and who have registered with the Inns of Court to acquire the skills and knowledge to prepare them for the specialised training of the pupillage 3 a ceremony held at the end of this training course, when a candidate enters the profession 4 organisation regulating the legal profession 5 in the USA, an important test taken by law-school graduates which, when passed, qualifies a person to practise law 6 granted entrance to the legal profession 7 to compel a lawyer to stop practicing law due to an offence committed

27.1.2011

1 a barrister 2 the Bar Vocational Course 3 the Call to the Bar 4 a bar association 5 the bar examination 6 to admit to the Bar 7 to disbar

to do the preparatory work to make a witness available to learn the ways to be in custody awaiting trial at the trial to go into court to prosecute to defend a defendant jury a juror to appeal against to cheat to shoplift to observe the rights of other people the Central Criminal Court (the Old Bailey) = the Crown Court in the City of London deals with major criminal cases from Greater London and (exceptionally) other parts of England

27.1.2011

Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun.

cases

clients contracts corporations decisions defendants disputes law legislation

1 advise 2 draft 3 practise 4 represent 5 research 7 argue 8 litigate 9 plead

Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun.

cases

clients contracts corporations decisions defendants disputes law legislation

1 advise clients, corporations, defendants 2 draft contracts, decisions, law, legislation 3 practise law 4 represent clients, corporations, defendants 5 research cases, decisions, law, legislation 7 argue - cases 8 litigate cases, disputes 9 plead - cases

27.1.2011

UNIT 8

Legal Aid

What is legal aid?

A state system established in the UK in 1949, whereby those people who are unable to afford legal advice and representation in criminal and civil matters because of their low income may have their legal bills paid by the state if they have a suitable case. The government provides funding for legal aid to help people on low income to: protect their basic rights and get a fair hearing access to the court process to sort out disputes solve problems that contribute to social exclusion

27.1.2011

About legal aid

was set-up so that everyone has EQUAL ACCESS TO JUSTICE to the legal system governed by the Access to Justice Act 1999 different schemes

History of legal aid

1945 - the importance of access to justice and the right to legal representations was first recognized Legal Aid and Advice Act 1949 the legal aid scheme started (initially covered only civil cases; 1964 extended to criminal cases) Legal Aid Act 1988 handling of civil legal aid was taken from the Law Society and given to a specifically created Legal Aid Board (it funded and managed the civil legal aid scheme and legal advice) Access to Justice Act 1999 radically reformed the legal aid system; set up Legal Services Commission (LSC)

27.1.2011

Legal Aid
Reading comprehension
Read the text Legal Aid and choose the correct endings for the following sentences: 1. 'Legal Aid' for people of limited means has been available in Britain since 1949 1972. 2. Before the Legal Advice and Assistance Act of 1972 was passed free services of a solicitor were obtainable for litigation (trial) preparation of a will writing letters giving advice. 3. Local Citizens' Advice Bureaus make a preliminary investigation of the case represent people in a court of law refer the person to a solicitor operating the service.

Legal Aid
Reading comprehension
4. Full-time lawyers who work in legal advice centres set up by local councils in working-class areas give specialist advice on problems that worry ordinary people such as hire-purchase problems criminal offences maintenance political offences problems of landlords and tenants. 5. Legal advice centres are open during working hours in the evenings over the weekend

27.1.2011

The Access to Justice Act 1999

The old legal aid scheme was replaced by two new schemes a) the Community Legal Service for civil matters (since 1 April 2000) a) the Criminal Defence Service for criminal matters (since 1 April 2001)

Legal Services Commission created by the

Access to Justice Act 1999 to oversee the public funding of legal services

LEGAL SERVICES COMMISSION

Community Legal Service

- Solicitors firms - Not for profit organisations (NfPs)

Criminal Defence Service

- solicitors firms - NfPs - Public Defender Service

27.1.2011

The Legal Services Commission (LSC)

- a body set up to run the Community Legal Service and the Criminal Defence Service; 1,500 staff
-

members (wide range of expertise and experience) appointed by the Lord Chancellor took over the funding of civil cases from the Legal Aid Board

Responsible for :
a) b)

managing the Community Legal Service Fund making contracts with providers of all types of legal services (in earlier schemes any solicitor could provide legal services and claim fees from the state) developing local, regional and national plans to match the delivery of legal services to the identified needs and priorities

c)

The Community Legal Service

-

a network of organisations that funds, provides and promotes civil legal services

It provides
a) b) c) d) e) -

Legal help Help at court Legal representation Support funding Special services for family cases Includes ADVICE, ASSISTANCE and REPRESENTATION by lawyers and non-lawyers Services paid by the Community Legal Service Fund

27.1.2011

The Criminal Defence Service

Aimed at securing that individuals involved in criminal investigation or proceedings have access to advice, assistance and representation as the interests of justice require (Access to Justice Act 1999) Criminal legal aid offers: Advice and assistance from a solicitor on criminal matters Free legal advice from a solicitor at the police station during questioning The cost of a solicitor preparing a case and initial representation for certain proceedings at a magistratesor Crown Court Full legal representation for defence in criminal cases at all court levels A duty solicitor to provide free legal advice and representation at magistrates court

Providers of legal services

LSC grants contracts to service providers (2006 3,600 firms of solicitors had contracts) A) B) C) D) solicitors firms advice agencies (Citizens Advice Bureaux and Law Centres) welfare associations consumer protection groups

- all providers must meet certain minimum standards and

undergo regular quality audits

27.1.2011

Priority for funding

- child protection cases - cases where a person is at risk of loss of life or liberty - other cases concerning the welfare of children - domestic violence cases - cases alleging serious wrong-doing or breaches of human

rights by public bodies - social welfare cases (housing proceedings, employment rights, social security entitlement, debt)

Who is eligible for legal aid?

MEANS TEST = is supposed to establish whether the candidate is on low levels of income and capital
(people receiving Income Support or Income Based Job Seekers Allowance automatically qualify)

MERIT TEST (for representation) = a) Civil cases the test on whether the case has a reasonable chance of success and the damages will be worth more than the costs) b) Criminal cases - the test on whether a defendants case is in the interest of justice (whether it is relevant enough to be funded publicly)

27.1.2011

Essential terms
-

access to justice --- to deny access to justice; to be accessible to to have access to the court process to seek justice legal advice, assistance and representation to be eligible (ineligible) for legal aid --- eligibility to seek --- to provide --- to obtain legal aid to provide --- a provider --- provision of legal aid to litigate --- litigation --- a litigant to grant a contract a service provider means and merit test to sort out = settle a dispute hire-purchase; maintenance to be on Supplementary Benefit or Family Income Benefit

Vocabulary practice I
Study the text in the book and find English equivalents for the following Croatian legal terms. dati predmet na sud = dobiti pravnu pomo = graanski postupak = optuba za kazneno djelo = parnica/sudski spor = prethodna istraga = kupnja na otplatu = uzdravanje =

27.1.2011

Vocabulary practice II
Supply the required terms.
1.

= A form of credit; the system under which the person who hires the goods becomes the owner of them after the last installment of the amount fixes has been paid. = A payment made by the state to people whose income is below the recognized minimum level. . = The process of bringing an action in a court of law . = A welfare payment made by the state to people with no income. . = Providing children or other persons in a position of dependence, with the necessary means of living. . = Inquiries into the basic facts of a case undertaken before the formal opening of a legal proceedings.

2. 3. 4. 5. 6.

27.1.2011

UNIT 9 Civil law vs. Criminal law A Day in a Civil Court

Civil law vs. Criminal law

Consider the following case: A man was driving too fast along a road in a city suburb and as a result he knocked down and badly injured a pedestrian. Was a civil or criminal wrong committed, or both?

27.1.2011

Civil law vs. Criminal law

criminal wrong reckless driving civil wrong negligence different legal consequences under criminal and civil law
CRIMINAL LAW
-prosecuted by the police for reckless driving in the criminal courts

CIVIL LAW
-sued by the victim for negligence in the civil courts

Civil law vs. Criminal law

CIVIL LAW
is concerned with disputes between individuals action is taken by the aggrieved party CLAIMANT vs DEFENDANT (PLAINTIFF) defendant liable on the BALANCE OF PROBABILITIES eg. marital dispute, hire-purchase problems, trespass, negligence etc.

CRIMINAL LAW
is concerned with wrongs committed against an individual but regarded as harmful to society as a whole action is taken against the wrongdoer in the name of society PROSECUTOR vs DEFENDANT eg. stealing, robbery, murder, rape, embezzlement, arson etc.

27.1.2011

Civil law vs. Criminal law

- different procedure; different outcome; different terminology

Civil proceedings
a claimant sues (brings an action against) a defendant = a lawsuit judgement for the claimant (if the proceedings are successful) remedy damages, injunction, specific performance liable # not liable - defendant liable on the BALANCE OF PROBABILITIES

Criminal proceedings
a prosecutor prosecutes (brings a case against) a defendant = criminal prosecution a verdict a decision of a jury conviction (if prosecution successful) or acquittal a sentence the punishmen given by a judge based on the verdict defendant punished by a variety of punishments (imprisonment, fine, probation etc.) guilty # not guilty - liable # not liable - BURDEN OF PROOF defendant guilty beyond a reasonable doubt

Essential terms
CIVIL LAW
-

CRIMINAL LAW
to commit a criminal wrong (crime) to charge with to bring a case against to prosecute (prosecutor, prosecution) = kazneno goniti, tuiti u kaznenom posupku (tuitelj, tuiteljstvo) defendant = optuenik, osumnjienik, tuenik to punish punishment = kazniti kazna, sankcija conviction (to convict) = osuujua presuda, proglaavanje krivnje acquittal (to acquit) = oslobaajua presuda a verdict = pravorijek (odluka) porote a sentence (to sentence to) = kazna (koju izrie sudac na temelju odluke porote) guilty / liable for = kriv, odgovoran imprisonment = zatvor, izdravanje zatvorske kazne burden of proof = teret dokazivanja

to commit a civil wrong = poiniti graanski prijestup a dispute = spor aggrieved party = injured party = oteena strana/stranka to sue to take an action = to bring an action against = tuiti, pokrenuti postupak, dii tubu claimant (plaintiff) = tuitelj, podnositelj (odtetnog zahtjeva) defendant = tuenik, optuenik, branjenik Judgement = presuda, sudska odluka damages = odteta injunction = sudski nalog specific performance = izvrenje ugovora Iiable for = (pravno) odgovoran balance of probabilities = stupanj vjerojatnosti

27.1.2011

Vocabulary practice
types of torts and crimes

Different

Are the following wrongs civil , criminal or both? Sort them out. theft / rape / manslaughter / medical negligence / negligent damage to private property / assault / trespass / defamation / fraud / false imprisonment / marital dispute / domestic violence / arson / bribery / forgery / kidnapping /
CRIMINAL WRONGS (CRIMES) CIVIL WRONGS

Vocabulary work

Different types of crimes and torts Answer key

CIVIL WRONGS medical negligence negligent damage to private property trespass assault fraud false imprisonment marital dispute defamation wrong-doer

CRIMINAL WRONGS (CRIMES) medical negligence assault fraud arson bribery forgery kidnapping theft rape manslaughter wrong-doer (offender)

27.1.2011

Vocabulary practice II
Complete the following text contrasting criminal and civil law by choosing from the words/phrases below. compensation / contract / crime / damages / family law / intellectual property / plaintiff / police / private individual / prosecution / the accused / the defendant / theft / to bring a case / to bring an action / to fine / to charge someone with something

Criminal law vs Civil law One category is the criminal law the law dealing with _______.A case is called a ______.The case is instituted by the prosecutor, who takes over the case from the ______ who have already decided _______ the defendant (or __________ ) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of _________ and __________ __________. (or ___________ __________). In a civil case, the___________, normally a_________ __________ or company, __________________________ to win __________ .If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ____________ (money).

Vocabulary practice II
key
Criminal law vs Civil law

Answer

One category is the criminal law the law dealing with crime. A case is called a prosecution. The case is instituted by the prosecutor, who takes over the case from the police who have already decided to charge the defendant (or accused) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of contract and family law (or intellectual property). In a civil case, the plaintiff, normally a private individual or company, brings an action to win compensation.If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff damages (money).

27.1.2011

Vocabulary practice III

Find the defined terms.
_______________ = the punishment given to a person convicted of a crime, ordered by a judge and based on a verdict. _______________ = the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's decision. _______________ = the result of a criminal trial in which the defendant has been found guilty of a crime. _______________ = a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law. _______________ = a verdict (a judgment in a criminal case) of not guilty. _______________ = the decision of a jury after a trial, which must be accepted by the trial judge to be final. _______________ = commitment to a prison

Vocabulary practice III Answer key

SENTENCE = the punishment given to a person convicted of a crime, ordered by a judge and based on a verdict. JUDGMENT = the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's decision. CONVICTION = the result of a criminal trial in which the defendant has been found guilty of a crime. LAWSUIT = a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law. ACQUITTAL = a verdict (a judgment in a criminal case) of not guilty. VERDICT = the decision of a jury after a trial, which must be accepted by the trial judge to be final. IMPRISONMENT = commitment to a prison.

27.1.2011

CIVIL PROCEDURE
Civil claims arise when an individual or business believes that their rights have been infringed in some way. Main areas of civil law: - contract law - tort law - family law
- employment law

- company law

Starting a court case

1 following a pre-action protocol a letter to another party explaining how the claim arises, details of injury etc.; defendant replies within 3 months admits or denies liability 2 choosing a court 3 issuing a claim (filling in a claim form, paying the fee for a claim) 4 defending a claim defendant receives the claim form and a) admits the claim and pays the full amount b) defendant disputes the claim and defends it c) claimant asks the court to make an order in default - the defendant must pay the money and costs claimed 5 allocation of cases if the claim is defended the court allocates the case to the most suitable track

27.1.2011

Allocation of cases
1. The small claims track - used for disputes under 5,000, except for personal injury cases and housing cases where the limit is usually 1,000 2. The fast track - used for straightforward disputes of 5,000 to 15,000 3. The multi-track - for cases over 15,000 or for complex cases under this amount

CIVIL COURTS IN ENGLAND AND WALES

Supreme Court of the UK Court of Appeal (Civil Division) High Court County Court

27.1.2011

Which court to use?

I The County Court and the High Court (The High Court and County Courts Jurisdiction Order 1991)
The County Court for cases where the claim is for 15,000 or less; personal injury cases for less than 50,000 The High Court defamation actions The County Court or High Court for claims larger then 15,000

II Appelate Courts
Divisional Courts (each division of the High Court has divisional courts The Queens Bench Divisional Court; Chancery Divisional Court; Family Divisional Court) hear appeals from inferior courts and tribunals) Court of Appeal (Civil Division)- appeals from the 3 divisions of the High Court, The County Court for multi-track cases, some tribunals) permission to appeal (granted where an appeal would have a real prospect of success) Supreme Court of the UK final court of appeal appeals from the Court of Appeal, the Divisional Courts

The Civil Procedure Rules

26th April 1999 brought into effect simplify the procedure and cut the expenses, accelerates the procedure judges have more control over proceedings than previously (fix timetables and make sure that the parties do not drag out a case unnecessary; active case management etc.) issues in cases identified more quickly more cases settled without the need for trial encourage the use of alternative dispute resolution (ADR) changed the vocabulary used in court cases (eg. the claimant instead of the plaintiff; claim form instead of writ or summons etc.)

27.1.2011

The Civil Procedure Rules

OVERRIDING OBJECTIVE - to enable the court to deal with cases justly
ensure that the parties are on an equal footing deal with the cases in a way which is proportionate to: - the amount involved - the importance of the case - the complexity of the issues in the case save expense ensure that the case is dealt with quickly and fairly

A Day in a Civil Court

Civil court a county court judge (wigged and gowned, wearing a purple sash);a clark; parties to the dispute; solicitors and barristers
Case / Parties to the dispute Case 1 A local radio firm vs a customer blame apportioned 60 % and 40% Tenant pours water over the landladys baby Facts of the case Judgement

Case 2

Case 3

10

27.1.2011

Essential vocabulary
to defend a case/claim # to pursue a case = osporiti tubu/zahtjev, odgovoriti na tubu to issue a claim = podnijeti tubeni zahtjev (u graanskom postupku) to admit a claim = prihvatiti zahtjev dispute a claim = osporiti zahtjev a claim form = formular tubenog zahtjeva a counter claim = protutuba to appeal against = aliti se to allocate the case = dodijeliti sluaj to redress a grievance = povoljno rijeiti albu parties to the dispute = stranke u sporu a claim arises from = zahtjev/tuba proizlazi iz to infringe rights = povrijediti/kriti pravo an appelate court = prizivni sud

Vocabulary practice
Find in the text the English equivalents for the following Croatian legal terms. 1 povoljno rijeiti albu/tubu 2 stranke u sporu 3 sluaj proizlazi iz 4 sudski poziv 5 iznos dosuen stranci na prethodnom suenju koji je stranka duna platiti 6 ispitivati / istraivati injenice 7 dugovi 8 unakrsno ispitivanje svjedoka 9 relevantan svjedok 10 odmjeriti krivnju / odtetu 11 priznanje 12 aliti se na odluku prizivnom sudu

11

27.1.2011

Vocabulary practice Answer key

1 to redress a grievance 2 parties TO the dispute 3 a case arises from 4 judgement summons 5 the amount judged by the court on a previous occasion to be due 6 to probe for the facts 7 arrears 8 cross-questioning the witness 9 pertinent witness 10 to apportion blame / damages 11admission 12 to make an appeal against a decision to the appeal court

12

27.1.2011

UNIT 10 A Day in a Criminal Court

CRIMINAL PROCEDURE
Criminal prosecutions are brought and conducted by
a) The State - Crown Prosecution Service (CPS)
CPS - established by the Prosecution of Offences Act 1985 (began operating in 1986); before 1986 prosecutions were brought by the state and conducted by the police - must review the cases passed to them by the police to see if enough evidence for a realistic prospect of conviction and if the case is i the public interest - Crown Prosecutors

a) Private individual or business (private prosecutors

bring prosecutions)

27.1.2011

Starting a private prosecution

a) An individual must present a written account of the alleged offence to a magistrate b) Magistrate issues a summons to be served on the defendant (if sufficient reason) c) The case is heard at the Magistrates Court

Categories of offences
Three categories: 1 Summary offences the least serious offences always tried in the Magistrates Court 2 Triable either way offences the middle range of crimes tried in either the Magistrates Court or the Crown Court 3 Indictable offences more serious crimes tried at the Crown Court (the first hearing at the Magistrates Court) The type of offence affects a) the number and type of pre-trial hearings and b) where the final trial will take place

27.1.2011

CRIMINAL COURTS IN ENGLAND AND WALES

Supreme Court of the UK Court of Appeal (Criminal Division)
High Court (Queens Bench Divisional Court)

Crown Court Magistrates Court

Which court to use?

CATEGORY OF OFFENCE PLACE OF TRIAL Summary Magistrates Court EXAMPLES OF OFFENCES Driving without insurance Taking a vehicle without consent Common assault Theft Assault causing bodily harm Obtaining property by deception Murder Manslaughter Rape robbery

Triable either way

Magistrates Court OR Crown Court

Indictable

Crown Court

27.1.2011

Criminal courts
- The Magistrates Court and the Crown Court - first instance courts The role of the court:
a) If defendant pleads guilty - the court decides on the sentence to be imposed on the defendant b) if defendant pleads not guilty court tries the case and decides if the accused is guilty or not guilty

The burden of proof is on the prosecution prosecution must prove that the
defendant is guilty beyond reasonable doubt

Adversarial trial (vs inquisitorial)

-

prosecution and defence present their cases and cross-examine each others witnesses; the judge oversees the trial, cannot investigate the case, cannot ask to see additional witnesses Division); Supreme Court of the UK

- Appelate courts Queens Bench Divisional Court; Court of Appeal (Criminal

Magistrates Courts
have jurisdiction over a variety of matters involving criminal cases; have some civil jurisdiction
a) b) c) d)

Try all summary cases Try triable either way offences

97 % of all cases

Deal with the first hearing of all indictable offences Deal with all side matters connected to criminal cases (issuing warrants for arrest, deciding bail applications)

Presided over by MAGISTRATES:

A) B)

STIPENDIARY MAGISTRATES= Qualified District judges (chosen from among barristers of at least 7 years of experience, paid) UNQUALIFIED LAY MAGISTRATES Justices of the Peace JPs (no legal training, unpaid) sit usually in threes and assisted by a legally qualified clerk

27.1.2011

The Crown Court

higher criminal court; tries indictable offences presided by a judge High Court judges, Circuit judges and Recorders + jury Jury decides about questions of fact Judge decides about questions of law Criminal Procedure Rules - Deal with all aspects of criminal cases - Came into force in April 2005 - Overriding objective criminal cases be dealt with justly

Appelate Courts
A Crown Court B Queens Bench Divisional Court C Court of Appeal (Criminal Division) D Supreme Court of the UK Appeal routes: - Magistrates Courts - Crown Court Queens Bench Divisional Court Supreme Court of the UK - Magistrates Courts - Queens Bench Divisional Court Supreme Court of the UK - the Crown Court Court of Appeal (Criminal Court) Supreme Court of the UK

27.1.2011

A Day in a Criminal Court

Civil court a county court judge (wigged and gowned, wearing a purple sash);a clark; parties to the dispute; solicitors and barristers
the Accused Facts of the case sentence / final decision

Case 1 some drunks Case 2

Case 3

the accused committed for trial at the crown court

Essential vocabulary
to bring / conduct a prosecution to serve a summons on the defendant to summon to the court to plead guilty / not guilty to the charge a charge against sb to adjourn the case indictable # summary offences to try triable trial to draw up an indictment conviction # acquittal to fine a fine to accuse of the accused to issue a warrant

27.1.2011

Vocabulary practice
Find in the text the English equivalents for the following Croatian legal terms. 1 priznati krivnju 2 optuiti za neto / podnijeti prekrajnu prijavu 3 platiti tetu 4 socijalni radnik koji se brine o osobama uvjetno putenim na slobodu 5 odgoditi kaznu 6 uvjetno pustiti na slobodu / kazniti uvjetnom kaznom 7 uputiti viem sudu radi daljnjeg suenja 8 navodno je zgrabio . 9 potkrijepiti i potvrditi dokaze 10 izrei kaznu 11 novano kazniti 12 mirovni suci

Vocabulary practice Answer key

1 to plead guilty 2 to accuse of / to bring a charge against 3 to pay for the damage 4 probation officer 5 to defer sentence 6 to put on probation 7 to commit to a higher court for trial 8 is alleged to have seized 9 to corroborate and confirm evidence 10 to pronounce sentence 11 to fine 12 Justices of the Peace