Шпаргалка по "Английскому языку"

An ordinary citizen will more likely stand under lay magistrates’ court rather then professional judge. The largest part of British judiciary is conducted by magistrates (unpaid JPs) who hold meeting only once a week or even 2 weeks. Magistrates’ Court is in absolute contrast with pompous High Court without all their wigs, gowns and frequently without even professional lawyers.

Sources of JPs can be traced to Middle Ages, to times before bureaucracy have been originated. They were established in 1361 year in order to empower 3-4 citizens of every County to judge and punish offenders. During some centuries they had been conducting the greater part of local government duties (as an instrument of monarchy, besides most of them were both judges and Parliament members simultaneously).

Later, judges conveyed part of their functions to police and newly formed County Courts put a function of local government on themselves. Their jurisdiction extended much, for they were given divorce suits and juvenile issues to be dealt.

Суды графств и магистратские  суды (GB)     

        County courts and magistrates’ courts.

The lower courts of Great Britain are county courts and magistrates’  courts.

County courts (of which there are 350) are the main civil courts  and deal with a 90 % of all civil cases in the first instance. The jurisdiction of the county court is determined by (set by, established by) the Lord Chancellor. He also has a right to abolish, unite or establish new county courts. Every county court usually has one or two permanent  judges. The  jurisdiction of county court is restricted (limited)  comparing to the High Court which also deals with civil cases of the first instance,  the amount of suit (case) which differs and depends on the category (kind) of suit (for instance, the case under the 5000 L. on suits from contracts).

In County Courts cases are heard by the district judge or by the recorders who normally sits alone or with juries if judge approves   the petition ( the number of juries is usually more than 8 people). County court’s decisions can be appealed against in the Court of Appeal only with the permission of the county court and

only when it comes to the question of rights (matter of rights) but not to the matter of facts.

Magistrate courts hear (without juries)    the great bulk of minor criminal cases (up to 98% per year). They only can   fine  accused person or send him to jail for up to 6 moth. If magistrates decide that accused person deserves even (?)  more severe punishment they give that case to the Crown Court. Magistrates also hold (deduct) preliminary hearings (? They hear the case) of cases of accused facts. During those procedure they may decide if there are enough evidences to send an accused person to the Crown Court.

Civil jurisdiction of magistrates is extremely limited and connected tightly  with investigation of controversy (debate) about loan’s paybacks and, sometimes family cases.

Magistrates (sometimes also called Justice of peace), (they number is more than 20 000) are mostly unprofessional lawyers  sometimes without an appropriate degree. They usually try cases in a board which consists of 2 or 3 people(?). Paid magistrates ( magistrates that get paid) are appointed from layers and they try cases alone. Some magistrates  courts can get a right to hear cases deal with juvenile issues.

When they hear a juvenile issue the board should include 1 or 2  female judge(women who are judges). This court hears cases about juvenile’s cases and people under the age 21.

Please Angel correct my work.

Совпадающая юрисдикция (Concurrent jurisdiction)

    In some cases jurisdiction of district court and state court is the same, i.e., case can be heard – depending on circumstances prescribed by the law - in both state and district courts.

Theoretically jurisdiction distinction question between 2 branches of judicial system in the USA is relatively clear, but, in practice, it is very complex and puzzle. Transfer of cause from state to federal court connected with variety of formalities nonfulfillment of which causes (results in) many hardships and loss of time.

Concurrent jurisdiction basically concerns 2 categories of cases. The first category is  the cases regarding wrongdoings regulated by the Constitution of the US, federal laws and foreign conventions in which USA participates. If amount of suit is less than $10 000 the case will be heard - in spite of presence of all federal jurisdiction features – in state court. The second category is cases of combined citizenship with the sum of suit also less than $10 000. Such cases also are heard not in the federal courts but in the state one.

The objective that legislator pursues using concurrent jurisdiction quite evident: to free the federal courts from large amount of small cases, give them opportunity to concentrate on more important questions providing relative equability of judicial practice which is assumed (considered) by legislator (considerably) important enough.