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The third branch of government, in addition to the legislative (Congress) and executive (President) branches, is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.
The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases, which reach the Court, are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.
TASK 1. Read the text.
TASK 2. Find in the text the English equivalents for the words below:
- сосуществовать;
- частные лица;
- суды штатов;
- подать иск;
- федеральные суды;
- подавляющее большинство;
- попадать под юрисдикцию;
- разрешить дело в судебном порядке;
- ярус;
- Верховный суд;
- судебное разбирательство, тяжба;
- окружные суды;
- высшие суды;
- апелляционные суды;
- исключение;
- низшие суды;
- суд последней инстанции;
- рассматривать дело.
TASK 3. Answer the questions.
1. Who is responsible for making laws in the US?
2. Name American courts in the descending order.
3. In what way are the federal courts organized?
4. Where does litigation begin?
5. What does the word "to appeal" mean?
TASK 4. Explain the meanings of the following expressions from the text and make sentences with each of them:
Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.
TASK 5. Discuss the following questions in the groups.
TASK 6. Compare.
| The Court system of England and Wales | The Court system of the USA |
Discuss in the groups:
a) the low level, where litigation begins (for example: Magistrates Courts in Great Britain and the District Courts in the USA.
b) the courts of Appeal
c) the Highest Courts of Appeal (Supreme Court).
d) the specific types of Courts in Great Britain and in the USA. Their functions.
e) the problem of the corruption in the court systems.
TASK 7. Give some arguments for or against the Appeals to the European Court of Justice and European Court of Human Rights.
TASK 8. Agree or disagree that the modern court systems need perfection.
TASK 9. Imagine you are a candidate for the presidency. Write your program and suggest the possible approaches to perfect the court system.
1. What are the functions of the Supreme Court of the USA?
2. Who does the Supreme Court consist of?
3. How long do the Supreme Court Justices serve?
4.Are the Supreme Court Justices elected?
5. Who can change the decisions of the Supreme Court?
6. What lower courts, besides the Supreme Court, are there in the USA?
7. In what kinds of cases does the Supreme Court have direct jurisdiction?
8. What is the "power of judicial review"?
1.3.3 Jury service – an important job
Jury Service – аn important gob and a rewarding experience. The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a Jury, then, you are helping to guarantee one of our most important freedoms.
Your job as a juror is to listen to all the evidence presented at trial and to "decide the facts" – that is, to decide what really happened. The judge, on the other hand, "decides the law" – that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided. Both your job and that of the judge must be done well if our system of trial by jury is to work. In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest.
Finally, you should not be influenced by sympathy or prejudice: it is vital for you to be impartial with regard to all people and all ideas.
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