Задание

Section 1 : The scope of law, the legal system and legal professionals 1

Introduction to basic terms

The following terms introduce you to the law and basic legal terminology. Below are the definitions. Find the definition for each term.

1. a body that is appointed to make a judgement or inquiry tribunal

2. a country's body of judges

3. an act or acts passed by a law-making body

4. behavjour recognized by a community as binding or enforceable by authority

5. legal proceedings

6. an official body that has authority to try criminals, resolve disputes, or make other legal decisions

7. an organization responsible for enforcing the law, especially the police

8. a senior official in a court of law

9. the body or system of rules recognized by a community that are enforceable by established process

10.the control resulting from following a community's system of rules

11.members of the legal profession

12.to rule a society and control the behaviour of its members

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SECTION 1

Introduction to basic concepts

Complete the following text about basic legal concepts using the following words and phrases. Use each term once.

Why do we have laws and legal systems ? At one level, laws can be seen as a type ofwhich is meant to behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs.

Law, the body of official rules and regulations, generally found in constitutions and, is used to govern a society and to control the behaviour of its members. In modern societies, a body with , such as a or the legislature, makes the law; and a such as the police, makes sure it is observed.

In addition to enforcement, a body of expertis needed to apply the law. This is the role ofthe body of in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or One thing, however, seems to be true all over the world — starting a is both expensive and time-consuming..

The sources of law

Law has its origins in the early developments of civilized society, and through time there have been major influences on the laws that we follow today.

A Match these sources of law with the descriptions below.

, which evolved in the 8th century BC, was still largely a blend of custom and interpretation by magistrates of the will of the gods.evolved from the tribal and local laws in England. It began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society. In this way the AngloNorman rulers created a system of centralized courts that operated under a single set of laws that replaced the rules laid down by earlier societies.

formed the basis of all Israelite legislation. They can also be found in the laws of other ancient peoples.

refers to the entire body of French law, contained in five codes dealing with civil, commercial, and criminal law.

B Are the following sentences about the sources of law true or false?

1.The Ten Commandments are based on moral standards of behaviour.

2.In common law, judges resolve disputes by referring to statutory principles arrived at in advance.

3. Roman law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies.

4. The Napoleonic Code was introduced into a number of European countries, notably Belgium, where it is still in force. It also became the model for the civil codes of Quebec Province in Canada, the Netherlands, Italy, Spain, some Latin American republics, and the state of Louisiana.

The subject matter of the legal system

A    One way of classifying and understanding the law is by subject matter. Lawyers often divide the law and the legal system into two: criminal law and civil law. Classify the following terms into the appropriate column below. Two terms can appear in both columns.

B Now complete the following text contrasting criminal and civil law by choosing from the words/phrases above.

Criminal Law vs Civil Law

One category is the criminal law — the law dealing with crime A case is called a . The case is instituted by the prosecutor, who takes over the case from thewho have already decidedthe defendant (or ) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of and

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).

The court structure

Every jurisdiction organizes the administration of justice in different ways. In England, the basic division between criminal and civil law is reflected in the court system. Look at the chart below and then complete the description that refers to each court.

1 Claims of lesser value will start in a Coun+y Court . There are 250 of these around the country. They can also deal with divorce and bankruptcy matters.

2 Matters of important legal dispute arising in the  Crown Court may be appealed to the

3 From the Court of Appeal, there can be an appeal to the on fact or law, but usually appeal is only allowed on matters of legal importance.

4 If the case involves a serious crime, it is heard in the

(there is only onebut it has about 70 centres around the jurisdiction).

5 In less serious criminal cases (which comprise over 90% of criminal cases), the case is sent for trial in one of over 400

6 More substantial civil claims (over around {25,000) are heard in the

7 The was set up under the Treaty of Rome of 1957, by which the European Community was established. The court can overrule all other courts on matters of Community law. 8.Under the system of appeals in civil cases, it is possible to appeal from a County Court or the High Court to the