Page 146 - 6205
P. 146

Task 2. Read the text and translate all the unknown words and word
          combinations. Make up your own dialogues on the basis of the text.
                                 English Legal System
                Law  is  a  body  of  rules  and  principles  under  which  justice  is
          administered  or  order  enforced  in  a  state  or  nation.  In  Western  Europe
          there  are  two  main  systems:  Roman  law  and  English  law.  US  law  is  a
          modified form of English law.
                English law is the  legal system  of England and Wales, and  is the
          basis of common law legal systems used in most Commonwealth countries
          and the United States (as opposed to civil law or pluralist systems in other
          countries, such as Scots law). It was exported to Commonwealth countries
          while the British Empire was established and maintained, and it forms the
          basis of the jurisprudence of most of those countries. English law prior to
          the  American  revolution  is  still  part  of  the  law  of  the  United  States
          through reception statutes, except in Louisiana, and provides the basis for
          many American legal traditions and policies, though it has no superseding
          jurisdiction.
                English  law  in  its strictest sense applies  within the  jurisdiction  of
          England  and  Wales.  Whilst  Wales  now  has  a  devolved  Assembly,  any
          legislation  which  that  Assembly  enacts  is  enacted  in  particular
          circumscribed policy areas defined by the Government of Wales Act 2006,
          other  legislation  of  the  U.K.  Parliament,  or  by  orders  in  council  given
          under  the  authority  of  the  2006  Act.  Furthermore  that  legislation  is,  as
          with  any  by-law  made  by  any  other  body  within  England  and  Wales,
          interpreted by the undivided judiciary of England and Wales.
                The  essence  of English common  law  is that it  is  made by  judges
          sitting  in  courts,  applying  their  common  sense  and  knowledge  of  legal
          precedent (stare decisis) to the facts before them. A decision of the highest
          appeal  court  in  England  and  Wales,  the  House  of  Lords,  is  binding  on
          every other court in the hierarchy, and they will follow its directions. For
          example, there  is  no statute  making  murder  illegal. It is a common  law
          crime - so although there is no written Act of Parliament making murder
          illegal, it is illegal by virtue of the constitutional authority  of the  courts
          and their previous decisions. Common law can be amended or repealed by
          Parliament; murder, by way of example, carries a mandatory life sentence
          today, but had previously allowed the death penalty.

                                       142
   141   142   143   144   145   146   147   148   149   150   151