Реферат: Judicial System of the RF, GB and USA

--PAGE_BREAK--1.               Three legal systems
There are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland and Scotland.Each has its own legal system.
1.1.          English law
«English law» is a term of art. It refers to the legal system administered by the courts in England and Wales. The ultimate body of appeal is the Supreme Court of the United Kingdom. They rule on both civil and criminal matters. English law is renowned as being the mother of the common law. English law can be described as having its own distinct legal doctrine, distinct from civil law legal systems since 1189. There has been no major codification of the law, andjudicial precedents are binding as opposed to persuasive. In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g., the Law Merchant began in the Pie-Powder Courts see Court of Piepowder (a corruption of the French «pieds-poudrés» or «dusty feet», meaning ad hoc marketplace courts). As Parliamentdeveloped in strength, and subject to the doctrine of separation of powers, legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in 1276 as being time immemorial.

After the Acts of Union, in 1707, English law has been one of two legal systems in the same kingdom and has been influenced by Scots law, most notably in the development and integration of the law merchant by Lord Mansfield and in time the development of the law of negligence. Scottish influence may have influenced the abolition of the forms of action in the nineteenth century and extensive procedural reforms in the twentieth.
1.2.          Northern Irish legal system
The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with ultimate appeal to the Supreme Court of the United Kingdom in both civil and criminal matters. The law of Northern Ireland is closely similar to English law, the rules of common law having been imported into the Kingdom of Ireland under English rule. However there are still important differences.

The sources of the law of Northern Ireland are English common law, and statute law. Of the latter, statutes of the Parliaments of Ireland, of the United Kingdom and of Northern Ireland are in force, and latterly statutes of the devolved Assembly.
1.3.          Scots law
Scots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. Thus Scotland has a pluralistic, or 'mixed', legal system, comparable to that of South Africa, and, to a lesser degree, the partly codified pluralistic systems of Louisiana and Quebec. Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom. Scotland and England & Wales each retained fundamentally different legal systems, but the Union brought English influence on Scots law and vice versa. In recent years Scots law has also been affected by both European law under the Treaty of Rome and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998.

English Judiciary

1. The Civil Courts. Civil actions take place between two or more individuals in dispute. These disputes can take many forms, for example between neighbours, families, companies, consumers and manufacturers. It is the function of the civil courts to adjudicate on these disputes.

2. The lowest court in a civil action is a county court, of which there is one in every town in England and Wales. There are some 250 county courts. Each court is assigned at least one circuit judge and one district judge. The circuit judge usually hears the high-value claims and matters of greater importance or complexity. The district judge hears uncontested matters, mortgage repossession claims and small-value claims. The circuit judge deals with appeals from decisions by the district judge.

3. The jurisdiction of the county courts covers: actions founded upon contract and tort; trust and mortgage cases; action for the recovery of land; disputes between landlords and tenants, complaints about race and sex discrimination; admiralty cases (maritime questions and offences) and patent cases; divorce cases and other family matters. The general limit in such cases heard before the county court is 25,000 pounds.

4. Cases involving larger amounts of money are heard by one of the divisions of the High Court. This court has unlimited civil jurisdiction and consists of three branches:

— the Queen’s Bench Division, which is concerned with contract and tort cases, and deals with applications for judicial review;

— the Chancery Division, which deals with corporate and personal insolvency, disputes in the running of companies, between landlords and tenants and in intellectual property matters; and the interpretation of trusts and contested wills, and

— the Family Division, which is concerned with family law, including adoption and divorce.

Judges in the County Courts are circuit judges who rank equally with those who sit in the Crown Court. They are assisted by district judges.

5. Appeals in matrimonial, adoption, guardianship and child care proceedings heard by magistrates courts go to the Family  Division of the High Court. The Chancery Division hears appeals about bankruptcy and company insolvency decisions. The Queen’s Bench Division exercises jurisdiction in respect of habeas corpus cases. Appeals from the High Court and county courts are heard in the Court of Appeal (Civil Division), which is presided over by the Master of the Rolls.

The Court of Appeal normally consists of three judges. Each one delivers a judgment, and the majority opinion prevails. The Court has the power to order a new trial or the reversal or variation of a judgment.

6. In accordance with the Constitutional Reform Act 2005, the judicial functions of the House of Lords as of the final national court of appeal in civil and criminal cases are set to be transferred in 2009 to a new Supreme Court of the United Kingdom. This Supreme Court of the UK shall consist of 12 judges appointed by the Monarch by letters patent. One of the judges becomes President and one is appointed to be Deputy President of the Court. The judges other than the President and Deputy President are styled “Justices of the Supreme Court”.

The first Supreme Court judges are the current twelve Lords of Appeal in Ordinary but the new members of the Court will not take the peerage.

7. The Criminal Courts. There are two main types of court, magistrates' courts (or courts of first instance), which deal with about 95 per cent of criminal cases, and Crown Courts for more serious offences. All criminal cases above the level of magistrates' courts are held before a jury.

8. There are about 700 magistrates' courts in England and Wales, served by — approximately 28,000 unpaid or lay' magistrates or Justices of the Peace (JPs), who have been dealing with 'minor crimes for over 600 years. JPs are ordinary citizens chosen from the community. These people are not legally qualified but receive some basic training in court procedures, the examination of pre-sentence reports and penalties for certain offences. Lay magistrates usually sit in groups of three. The more senior magistrate sits in the middle and plays the leading role. They should not all be of the same sex. Serving members of the lay magistracy are entitled to use the letters 'JP' after their names meaning that they are Justices of the Peace.

Magistrates' courts may not impose a sentence of more than six months imprisonment or a fine of more than £2,000, and may refer cases requiring a heavier penalty to the Crown Court.

9. The most serious crimes are tried and sentenced in the Crown Court. These crimes are known as indictable offences. All judges, sitting in the Crown Court have unlimited sentencing powers subject to the legal maximum. The judge presides over the Crown Court and passes sentence (if the defendant is found guilty). In a Crown Court trial there are twelve jurors. These are ordinary members of the public between the ages of 18 and 70 who are selected at random from electoral register. The main function of the jury is to judge the guilt or innocence of the defendant.

10. A person convicted in a magistrates' court may appeal against its decision to the Crown Court. An appeal against a decision of the Crown Court may be taken to the Court of Appeal (Criminal Division), but it is seldom successful. Judges in the Court of Appeal may confirm, reverse or vary the original sentence. The Criminal Division of the Court of Appeal is headed by the Lord Chief Justice.
--PAGE_BREAK--Supreme Court of the United Kingdom
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Badge of the Supreme Court

Established

October 2009

Jurisdiction

United Kingdom

Location

Middlesex Guildhall, London

Composition method

Appointed by Monarch on advice of Prime Minister.
Chosen name recommended to PM by a selection commission.

Authorized by

Constitutional Reform Act 2005, Part 3[1]

Number of positions

12

Website

www.supremecourt.gov.uk

President of the Supreme Court


Currently

Lord Phillips of Worth Matravers

Since

1 October 2009


The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Irish law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal cases inScotland. The Supreme Court has jurisdiction to resolve disputes relating to devolution — cases in which the legal powers of the three devolved governments or laws made by the devolved legislatures are questioned. It shares the Middlesex Guildhall in the City of Westminster, with the Judicial Committee of the Privy Council.

The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009. It assumed the judicial functions of the House of Lords, which were exercised by the Lords of Appeal in Ordinary (commonly called «Law Lords»), the 12 professional judges appointed as members of the House of Lords to carry out its judicial business. Its jurisdiction over devolution matters had previously been held by the Judicial Committee of the Privy Council.

The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems: England and Wales, Northern Ireland, and Scotland. (English and Welsh law differ only to the extent that the National Assembly for Wales makes laws for Wales that differ from those in England, and the two countries have a shared court system.) The Supreme Court acts as the highest court for civil appeals from the Court of Session in Scotland but the highest appeal for criminal cases is kept in Scotland. It may hear appeals from the civil Court of Session, just as the House of Lords did previously.

From the Court of Session, permission to appeal is not required and any case can proceed to the Supreme Court of the United Kingdom if two Advocates certify that an appeal is suitable. In England, Wales and Northern Ireland, leave to appeal is required either from the Court of Appeal or from a Justice of the Supreme Court itself.

The Court's focus is on cases that raise points of law of general public importance. Like the previous Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing—including commercial disputes, family matters, judicial review claims against public authorities and issues under theHuman Rights Act 1998. The Court also hears some criminal appeals, but not from Scotland as there is no right of appeal from the High Court of Justiciary, Scotland's highest criminal court.

The Supreme Court also determines «devolution issues» (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). These are legal proceedings about the powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, and the Welsh Assembly Government and the National Assembly for Wales. Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998.

The twelve justices do not all hear every case — typically a case will be heard by a panel of five justices, but sometimes the panel may consist of three, seven or nine members. All twelve justices are also members of the Judicial Committee of the Privy Council, and spend some of their time in that capacity.
--PAGE_BREAK--2.               History
The creation of a Supreme Court for the United Kingdom was first mooted in a July 2003 Department of Constitutional Affairs Consultation Paper. Although the report noted that there had been no criticism of the current law lords, or any indication of an actual bias, it argued that the separation of the judicial functions of the Judicial Committee of the House of Lords should be made explicit from the legislative functions of the House of Lords. First, it was concerned whether there is any longer sufficient transparency of independence from the executive and the legislature to give assurance of the independence of the judiciary. Looked at alternatively it was argued that requirement for the appearance of impartiality and independence also limited the ability of the Law Lords to contribute to the work of the House of Lords, thus reducing the value to both them and the House of their membership. Second, it was concerned that it was not always understood by the public that judicial decisions of «the House of Lords» were in fact taken by the Judicial Committee of the House of Lords and that non-judicial members were never involved in its judgements. Conversely, it was felt that the extent to which the Law Lords themselves have decided to refrain from getting involved in political issues in relation to legislation on which they might later have to adjudicate was not always appreciated. The new President of the Court, Lord Phillips, has claimed that their old position had confused people and that with the Supreme Court there would for the first time in the UK be a clear separation of powers among the judiciary, the legislature and the executive. Finally, it was noted that space within the House of Lords was at a constant premium and a separate supreme court would ease the pressure on the Palace of Westminster.

The main argument against the court was that the previous system had worked well and kept costs down. Reformers expressed concerns that the historical admixture of legislative, judicial and executive power in the UK might conflict with the state's obligations under the European Convention on Human Rights. Officials who make or execute laws have an interest in court cases that put those laws to the test. When the state invests judicial authority in those officials, it puts the independence and impartiality of the courts at risk. Consequently, it was supposedly possible that the decisions of the Law Lords might be challenged in theEuropean Court of Human Rights on the basis that they had not constituted a fair trial.

Lord Neuberger has expressed fear that the new court could make itself more powerful than the House of Lords committee it succeeded, saying that there is a real risk of «judges arrogating to themselves greater power than they have at the moment». Lord Phillips said such an outcome was «a possibility», but was «unlikely».

The reforms were controversial and were brought forward with little consultation but were subsequently extensively debated in Parliament. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court. The Government estimated the set-up cost of the Supreme Court at £56.9 million.

The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009. It assumed the judicial functions of the House of Lords, which were exercised by the Lords of Appeal in Ordinary (commonly called «Law Lords»), the 12 professional judges appointed as members of the House of Lords to carry out its judicial business. Its jurisdiction over devolution matters had previously been held by the Judicial Committee of the Privy Council.

The High Court of Justiciary, the Court of Session and the Office of the Accountant of Court comprise the College of Justice, and are known as the Supreme Courts of Scotland.

Before 1 October 2009, there were two other courts known as supreme court, namely the Supreme Court of England and Wales, which was created in the 1870s under the Judicature Acts, and theSupreme Court of Judicature in Northern Ireland, each of which consists of a Court of Appeal, High Court of Justice and Crown Court. When the provisions of the Constitutional Reform Act 2005 came into force, those became known as the Senior Courts of England and Wales and the Court of Judicature of Northern Ireland respectively, to avoid confusion.
--PAGE_BREAK--4.               Composition 4.1.          Organisation 4.1.1.      President
Main article: President of the Supreme Court of the United Kingdom


The current President of the Court is Nicholas Phillips, Baron Phillips of Worth Matravers, former Master of the Rolls and Lord Chief Justice, and previously the Senior Lord of Appeal in Ordinary.
4.1.2.      Deputy President
Main article: Deputy President of the Supreme Court of the United Kingdom


The current Deputy President of the Court is David Hope, Baron Hope of Craighead, one of the two present Scottish judges and former Lord President of the Court of Session.
4.1.3.      Justices
Main article: Justice of the Supreme Court of the United Kingdom


Justices of the Supreme Court are not subject to term limits, but may be removed from office on the address of Parliament. All British judges (including Supreme Court justices) are forced to retire at the age of 70 if first appointed to a judicial office after 31 March 1995, or at the age of 75 otherwise.
4.1.4.      Acting judges
In addition to the twelve permanent Justices, the President may request other senior judges, drawn from two groups, to sit as «acting judges» of the Supreme Court.

§                The first group is those judges who hold 'office as a senior territorial judge': judges of the Court of Appeal of England and Wales, judges of the Court of Appeal of Northern Ireland and judges of the First or Second Division of the Inner House of the Court of Session in Scotland.

§                     The second group is known as the 'supplementary panel'. The President may approve in writing retired senior judges' membership of this panel if they are under 75 years of age.
4.1.5.      Chief Executive and Registrar
The first Chief Executive of the Court is Jenny Rowe, and the first Registrar, Louise di Mambro.
4.2.          Appointments process
The Constitutional Reform Act 2005 makes provision for a new appointments process for Justices of the Supreme Court. A selection commission will be formed when vacancies arise. This will be composed of the President and Deputy President of the Supreme Court and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotlandand the Northern Ireland Judicial Appointments Commission. In October 2007, the Ministry of Justice announced that this appointments process would be adopted on a voluntary basis for appointments of Lords of Appeal in Ordinary. New judges appointed to the Supreme Court after its creation will not necessarily receive peerages.
4.3.          Initial justices
Ten Lords of Appeal in Ordinary (Law Lords) holding office on 1 October 2009 became the first justices of the 12-member Supreme Court. The 11th place on the Supreme Court was filled by Lord Clarke (formerly the Master of the Rolls), who was the first Justice to be appointed directly to the Supreme Court. One of the former Law Lords, Lord Neuberger, was appointed to replace Lord Clarke as Master of the Rolls, and so did not move to the new court. Sir John Dyson became the 12th and final justice of the Supreme Court on 13 April 2010.

The Senior Law Lord on 1 October 2009, Lord Phillips, became the Supreme Court's first President.

The first and current Justices, in order of seniority (from 13 April 2010), are:
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