English Колотовкина

British legal system

Учебник- English for law students

Lesson 1

Newspapers- every lesson + questions 2\3 + 2\3 discussions

Queen Elizabeth II died on Thursday last week

Synonyms for die:

1. Formal: pass away, pass on

2. Neutral: to leave, to move on to a better place, to be no longer with us

3. Informal: to kick the bucket, to kick off

Примите мои соболезнования/мои соболезнования- I express my sincerest condolences\ i’m (feel) sorry for your loss.

В память о- In respect to \ In memory of

Lesson 2

Term	Definition	Example
case law	the body of law set out in judicial decisions, as distinct from "statute law"	1. Seriously, this belief has been enshrined in case law since 1999. 2. The basis of English law today is case law
statute (стЭтщют)	a document that sets out legal rules and has been passed by both Houses of Parliament in the form of a Bill and agreed to by the crown	1. This is your third infraction, therefore, in accordance with statute 11, your citizenship is voided. 2. However, the most important form of law, in the sense that it prevails over most of the others, is statute, or Act of Parliament, which today is the source of most major changes in the law.
delegated legislation	A rule or order, having legal force, usually issued by an administrative agency.	1. Trade in these products has been subject to EU controls since 2006, but changes would give the Commission the power to update the list of controlled goods using delegated legislation. 2.Delegated legislation is a related source, laying down detailed rules made to implement the broader provisions of statutes.
provision	A clause in a statute, contract, or other legal instrument.	1. there's already a provision in the law that works for us. 2.Delegated legislation is a related source, laying down detailed rules made to implement the broader provisions of statutes.
custom	A practise that has been followed in a particular locality in such circumstances that it is ti ba accepted as part of the law of that locality.	1. You force me to break the custom of our people. 2. Each was based largely on local custom, and even within the larger areas, these customs, and hence the law, varied from place to place.
equity	A body of law that grew up under the control of the royal official known as the Chancellor. By his position, the Chancellor was able to mitigate the sometimes harsh consequences of applying strict rules of law. Today equity is that part of common law that enables the courts to exercise discretion in granting and withholding remedies where the good faith and conscience of the parties’ behavior towards one another is a relevant issue.	1. There is common law and equity. 2. Finally, custom, equity and obligations relating to international treaties are minor sources of law, though Britain's obligations under the European Convention on Human Rights have produced notable contributions to law reform.
obligation	A formal, binding agreement or acknowledgement of a liability to pay a certain amount or to do a certain thing for a particular person or set of persons.	1. You had no more obligation. 2. Finally, custom, equity and obligations relating to international treaties are minor sources of law, though Britain's obligations under the European Convention on Human Rights have produced notable contributions to law reform.
adjudicate	To rule upon judicially.	1. Even if he were adjudicated as delusional there's no evidence it interferes with his ability to work. 2.Representatives of the king were sent out to the countryside to check local administration, and were given the job of adjudicating in local disputes, according to local law.
itinerant justices	Judges travelling on a circuit for the purpose of holding court.	1. itinerant justices were in England in 11th century 2.When these 'itinerant justices' returned to Westminster, they were able to discuss the various customs of different parts of the country and, by a process of sifting, reject unreasonable ones and accept those that seemed rational, to form a consistent body of rules.
binding precedent	Binding – requiring obedience. Precedent – a decided case that furnishes a basis for determining later cases involving similar facts or issues.	1. He was merely following binding precedent, they said. 2. It is this part of the judgment, known as binding precedent, which forms case law.
persuasive precedent рекомендательный прецедент мотивировочная часть судебного решения.	Precedent – a decided case that furnishes a basis for determining later cases involving similar facts or issues.	1. 2. These are often discussions of hypothetical situations: for example, the judge might say 'Jones did this, but if he had done that, my decision would have been . . .' None of the obiter dicta forms part of the case law, though judges in later cases may be influenced by it, and it is said to be a persuasive precedent.

opinion- supreme court

stem from-основывается

Before Brexit an increasingly important source of law was the legislation of the European Community, which was the only type of law that could take precedence over statutes in the UK, and was increasingly influencing the decisions of the courts in interpreting statutes. But now it has no legal effect.

стАри десАйсис- stare decsis

№4

come into existence-возникать

stem from-проистекает из, основывается на

case law-прецедентное право

lay down rules-устанавливать нормы

prevail over-Преобладать над

statute-статут

contribute to-вносить вклад

interpret statutory provisions-толкование законодательных положений

lay down precedents-создавать прецеденты

delegated legislation-делегированное законодательство

implement broader provisions of statutes-применять более широкие положения законов

legislation of the European Community-законодательство европейского сообщества

take precedence over statutes-имеет приоритет над статутами

custom-обычай

equity-право справедливости

obligations relating to international treaties-обязательства связанные с международными договорами

minor sources of law-второстепенные источники права

standardize the law-стандартизация права

adjudicate local disputes-разрешение местных споров

itinerant justices-странствующие судьи

reject unreasonable customs-отвергать неразумные обычаи

accept rational customs-принимать рациональные обычаи

form a consistent body of rules-формировать последовательный свод норм

a hierarchy of precedent- иерархия прецедентов

provide predictability-обеспечивать предсказуемость

judgment-суждение (приговор, решение)

Ratio decidendi – такое правовое основание, которое неизбежно влечет за собой вынесение судом того решения, к которому он в действительности пришел, т.е. это должно быть необходимое основание решения, и именно поэтому все общие положения, не связанные с существенными (материальными) фактами дела, не являются ratio decidendi, а равно как и все положения, которые, будучи измененными на противоположные по смыслу, тем.

Obiter dictum (dicta) – замечания судьи, которые, хотя и включены в основную часть заключения суда, не являются необходимой частью решения суда.

binding precedent-обязательный прецедент

persuasive precedent- убедительный прецедент

Video:

1. Domestic legislation-dominant form of lawmaking within the English system. Parliament creates law by enacting statutes. A statute- a simple legal rule. Aims: (1)codifying public policy (2)implementing public policy. Statut book. The most important- Halsbury's Statutes

2. Domestic case law

3. Relation between them

4. Parliamentary supremacy

Domestic legislation – dominant form of lawmaking within the English system. Laws are effectively created on the authority of Parliament. Parliament create laws by enacting statutes.

Statute = act = law. Statute – simply a legal rule that is enacted by the lawmaking authority.

Purpose of statute: 1. Parliament is quantifying public policy – the legislative 2. Implementing public policy – the executive

Laws vary in subject matter and in pace. Laws can be used to target new areas and to improve upon older ones. All of the laws in the English system are captured in the statute book. There are also private acts (there were general acts before). They would target a single group.

Two forms of domestic legislation: primary (straightforward; acts, created by Parliament and that apply to the entirety of the legal system) and secondary (the result of delegated authority: Parliament would delegate lawmaking authority to a professional body/council; the laws that are then passed by those bodies – secondary legislation). Primary applies to the whole legal system, but secondary legislation is limited. Secondary legislation is subject to primary procedures.

The most English law is made either via primary or secondary legislation.

Interpretation of those laws is carried out by the judiciary. Domestic case law. We are custom to thinking of crimes as being prohibited by the criminal law act. Most acts that have been deemed criminal, we are created in common law so they have a historical basis. This includes robbery, murder, arson and conspiracy.

Parliament at no point passed a statute simply saying these acts are criminal, judges decided that these acts are criminal on the basis of English custom following which Parliament quantified these crimes within the acts. It’s not that Parliament decided that something was a crime but, in fact, the understanding of that crime was elaborated by judges in common law. So, we consider common law history.