Types of art

In the Western world today there are countless systems of law, but, broadly speaking, they arise from either of two roots – the Roman Law, or the English Law. The English Common Law is native to Britain, but has sprung forth in the United States, in Australia, New Zealand and most of Canada, while Scotland, the Continent and South Africa have taken strong doses of Roman Law.

The next influence on English Law was William the Conqueror (11^th century). The English king Henry 2^nd (12^th century) also influenced the English law greatly. To him England owes the Assizes and the jury system as a regular mode of trial. In its early form the jury was a selected body of men who were obliged on oath “to present” for trial all the people in their district who committed crimes. The jury system became more firmly established and trial by jury became compulsory.

The court of Chancery was established under the Statute of Westminster 2^nd (13^th century). The Chancellor was at first the King’s secretary. The court of Chancery dealt with civil matters in Equity.

Relations between Common Law and Chancery Courts grew worse. After the Napoleonic Wars a new Common Court of Appeal was established. Various acts tended to one thing, the fusion of courts. This was finally achieved by the Judicature acts of 1873 and 1875. There was to be one Supreme Court, consisting of the Court of Appeal and the High Court. For convenience it was divided into three Divisions – Chancery, King’s (Queen’s) Bench and Probate, Divorce and Admiralty. The age-old struggle between Law and Equity was put to rest.

The highest court in the land today is the House of Lords. In theory, any peer sitting in the House may take part in an appeal. It is a custom that only those in the Lords holding high judicial office may do so.

Common Law crimes were divided into two classes: felonies (the more serious) and misdemeanors (less grave). All felonies were punishable with death. As public opinion cried out against such cruelty, capital punishment was abolished for hundreds of offences and in 1965 it was abolished altogether.

EXERCISES

1. Pick out from the text all the word combinations with the following words and give their Russian equivalents.

Trial, opinion, Judicature, crime, court, law, division, punishment.

2. Translate the following sentences.

1. England has no written constitution or code of law. 2. The laws of the Constitution comprise three kinds of rules: statute rules, case law and custom (especially Parliamentary custom). 3. Many of English most important rules of law cannot be found in any written enactment, but take parts of Common Law. 4. In this context Common Law means “Unwritten law”, as opposed to Statute Law. 5. Constitutional Law is the branch of law which regulates how the government of the country is to be carried out. 6. Though England has no written constitution, that is not to say it has no Constitutional Law. 7. Any part of law may be changed by simple Act of Parliament. 8. Roman Law had a great influence on Continental countries. 9. The Criminal Appeal Act, 1966, provides that the Court of Appeal shall consist of two divisions: one exercising civil jurisdiction and one criminal. 10. The purpose of punishment is to prevent the offender from committing more crimes.11. In the High Courts cases the jury comprises 12 persons. 12. When a judge sits without a jury, he determines questions of law and fact.

3. Complete the following sentences by translating phrases in brackets.

1. The High Court is divided into (три отделения). 2. In England and the USA the jury system ( обязательна). 3. The Chancellor was the first ( королевский секретарь). 4. The Court of Chancery dealt with ( гражданскими исками по праву справедливости). 5. The highest court in England today is (палата лордов). 6. In theory any peer may take part in (рассмотрении аппеляции). 7. Common Law crimes were divided into (два класса: более серьёзные и менее серьёзные). 8. Some courts may decide the case (без присяжных). 9. Capital punishment( окончательно отменено в Англии). 10. Scottish Law has taken a lot (из Римского права).

4. Replace the following definitions using the active vocabulary.

1)set up, create; 2) taking a matter from a lower court to a higher court; 3) arrange in separate groups; 4) a hall where justice is administered; 5) examine in a court of law, act as a judge ; 6) say that a person has broken the law.

5. Paraphrase the words and word combinations in bold type using the equivalents from the text.

1..The new rules were set up by the state. 2. The body of 12 persons decided the case. 3. The accused was examined in a court of law. 4. You cannot say that a person has done wrong unless you have proved it. 5. The Act of Parliament separated the Court into three divisions. 6. The case was taken from the lower court into a higher court. 7. He was tried in the hall of justice. 8. This crime was punishable with death. 9. The rules tell people what they must do and what they must not do. 10. The prisoner appealed against the judge’s decision. 11. The jurors were trying the case. 12. The Romans failed to affect the English law. 13. Henry 2^nd was the first lawyer among the English Kings.14. The Court of Chancery dealt with civil matters in Equity.15. The courts of Assizes and Quarter Sessions were abolished.

6. Chose the suitable word and translate the sentences into Russian.

1. There are ( few, a lot, countless) systems of law in Europe and Africa. 2. (Roman, Greek, Arab) law influenced the Continent law greatly. 3. Romans failed to (influenced, abolish, affect) the English Law.4. The jury system became ( unnecessary, compulsory, obligatory) in England and America. 5. The fusion of the courts was (made, achieved, reached) in the 19^th century.6. The court of Chancery was (founded, established, abolished) in the 13^th century. Public opinion cried out against (capital punishment, imprisonment, fines). 8. The Court (fined, punished, set free) the offender severely. 9. What is the best way of (treating, dealing with, educating) young offenders?

6. Answer the following questions.

1. What are the two main roots of Law in the Western World? 2. In which countries did the English Common Law spring forth? 3. Did the European countries take a lot from the English Common Law or from Roman Law? 4. When did the Normans conquer England? 5. What court system does England owe to Henry 2^nd ? 6. When was the jury system established? 7. What was the jury in its early form? 8. Whom did the jury present for trial? 9. When was the Court of Chancery established and what was the Chancellor at first? 10. Did the Court of Chancery deal with criminal or civil matters? 11. When was the new Common Law Court of Appeal established? 12. When was the fusion of the courts achieved? 13. How was the High Court divided in the 19^th century? 14. What is the highest court in England? 15. What members of Parliament may take part in an appeal? 16. Into what classes were Common Law crimes divided? 17. What crimes were punishable with death? 18. When was the capital punishment abolished altogether in England? 19. How many offences were punishable with death?

Types of art

Date: 2015-01-02; view: 1268