Text № 2 The Layman and the Courts
SPECIAL TEXTS
Text №1 AN INTRODUCTION TO LAW
Every day of our lives we are restrained and guided by law. It protects us while it restricts us. Sometimes it punishes us. It determines the registration of our births and the distribution of our possessions at death. It tells us how fast we can drive and how long we must attend school. Through zoning laws it restricts the type of home we build. Through gambling and drinking laws it regulates the life we lead. Through the Federal Communications Commission it determines the entertainment we see on TV. Through the Federal Trade Commission it helps to protect us from unfair commercial practices. There is no end to the ways in which the law significantly affects our life.
The scope of the law necessarily makes it complex, and complexity has created the need for specialists, namely lawyers. This puts the practice of law well beyond the reach of the layman. For legal assistance in specific instances, the services of a competent professional usually are advisable.
Basically, law is a system of rules. Members of a society establish these rules in order to live in relative harmony. To achieve this end, the individual relinquishes certain rights for the good of the group. For example, each person in this country has surrendered the right to drive on the left side of the highway in order for everyone todrive in relative safety.
Law can also be denned as a standard of conduct which regulates the relation of the individual to the central government, the relation of the government to the individual, and the relations among the individuals. If there is a conflict in these relations, the law also provides an institution, the court system, through which the respective sides can litigate a problem and reach a solution.
The court is used to determine conflicts between two individuals and to provide a forum for the enforcement of criminal law. The United States possesses a unique court system in that there is a state system and a federal system.
State courts determine almost all questions concerning wills, crime, contracts, personal injuries, and domestic relations. Federal jurisdiction is invoked in questions concerning the United States Constitution, federal laws, conflicts between states, and civil suits involving citizens of different states. This last category is called diversity jurisdiction. Although cases involving federal statutes are usually heard in federal courts, some can be heard in state courts as well.
|
|
|
In general, state courts hear both civil and criminal cases. Jurisdiction in the two areas of law is often established by separate statutes. Usually, at one time, some judges are assigned to criminal cases while others hear civil cases. However the method of assigning cases varies among the different states.
In a civil case, a dispute between individuals is heard and determined. If the individuals desire, they usually can have the case heard before a jury selected from a community. But if the individuals wish or the state requires it, a judge will hear the case alone. An example of a civil suit would be as follows: Baker sues Dodd for damages resulting from injuries sustained in an automobile accident.
In a state criminal court, the judge and jury determine whether the state has proven its criminal charges beyond a reasonable doubt. If the state fails to prove its case, the defendant will be acquitted. If the jury is satisfied beyond a reasonable doubt that the defendant is guilty, it will convict him. However, it should be noted that a criminal defendant also can waive his right to a jury trial and appear solely before a judge.
Essentially, the federal court was established to decide the law in cases concerning the Constitution, federal laws, citizen of diverse state, and conflicts between states. In the first situation the court is asked to apply a specific constitutional provision or to settle a case arising out of a federal statute, either civil or criminal. In other words, it decides a federal question. Secondly, the court settles private disputes between two individuals who are citizens of different states. In this situation, it might be unfair to force one litigant into the state court system of the other. Therefore the federal court system may handle these diversity suits. However, they can be heard in a state court if that court obtains jurisdiction over both parties.
Both the state and federal court system have courts of original jurisdiction and courts of appellate jurisdiction. The court of original jurisdiction is also known as the trial court. It is in this court that a civil or criminal proceeding is started and initially decided. A civil proceeding, for example, begins when the plaintiff files his complaint with the court. This is a legal document in which a plaintiff alleges that another person has injured him in some way and requests damages or other relief for the injury. When the judge or jury brings in a verdict, the initial civil or criminal proceeding is then considered complete.
|
|
|
Both the state and federal court system have appellate courts. A court of appelate jurisdiction reviews the proceedings at the trial level and determines whether the trial court’s decision should be affirmed or reversed. In general, if the litigant files an appeal, the appelate court must consider the case and render its opinion.
If one court rules against him, the litigant often is able to appeal his case to a higher appelate court. However, some state court systems have only one appelate court above the trial court. Decisions of federal courts can be reviewed by the United States Supreme Court, as can state court decisions involving an interpretation of the US Constitution. This is the final recourse. Unless it is a very special situation the case cannot be reopened in a lower appellate court. The litigant can petition the Supreme Court to review any case. However, the Supreme Court is not required to consider all cases. In fact, it hears only a small percentage of the petitioned cases. The court’s decision to review a case is purely discretionary, and its action is final. Because of the finality attached to its decisions, the Supreme Court is often termed the ‘the court of last resort’.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
Text № 2 The Layman and the Courts
At some time in his life, almost every individual is a victim of circumstances which would justify his taking another person to court. In most cases, litigation is impractical because the cost of going to court will be more than the sum involved.
|
|
|
Most states recognize the frustrating problem presented by these situations. For many years they attempted to alleviate the problem through the justices of the peace system. In general, this system proved to be a failure because it was disorganized, and because intrained individuals often presided over the proceedings.
The small claims court provided an answer. The purpose of the small claims court system is to provide a friendly forum for the litigation of cases that have high personal importance but involve little money.
A qualified judge presides over most small claims court proceedings. All such courts have jurisdictional limits. For example, the limit in the district of Columbia is $ 750. Instead of the usual court costs, there is only a nominal filing fee of one or two dollars.
The most economical aspect of the system is that a party doesn’t need to consult a lawyer. The form used to file a claim is simple. A knowledge of legal terms is unnecessary. The plaintiff — the person who starts the legal action — merely describes in his own words the basis of his claim against the defendant. If the individual requires assistance, the clerk of the court can provide it.
At the start of the hearing, the person who filed the suit, or plaintiff, tells his story to the judge. The judge and the defendant then ask questions of the plaintiff. Next, witnesses relate their stories. If the defendant believes he is not responsible for the claim, he tells his side of the story. The judge and the plaintiff can ask questions of the defendant and his witnesses. After the judge has listened to both sides of the story, he makes his determination based on substantial justice.
Thus, the small claims court allows the individual to have his day in court without costs, without the need of a lawyer (although in most states he may have one if he desires), and without becoming involved in the technical procedures that normally govern a legal proceeding.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
Дата добавления: 2018-04-15; просмотров: 2274; Мы поможем в написании вашей работы! |
Мы поможем в написании ваших работ!