Работа в парах. Посмотрите на примеры судебных дел. Подумайте, какие суды Великобритании могут рассматривать эти дела. Объясните свой выбор
- Mr Johnson and Mrs Johnson are getting divorced. Mrs Johnson demands to have the house, the car, 75% of Mr Johnson's life savings and their pet cat, Tigger. "No way!" says an angry Mr Johnson.
- Two separate companies, English International Telecommunications and Britphone, both bring out a new mobile phone which they call the 'Smell-O-Phone'. Both companies claim that the name was their own idea.
- Five workers have been sacked from the computer manufacturing company 'Compucrash' for incompetence. They believe that they have been unfairly dismissed.
- Mr and Mrs Waugh had a new window installed in their house. The window company now wants the Waughs to pay, but Mr Waugh is refusing because he thinks the quality of workmanship is poor.
- Newspaper editor Mr Hislop publishes an article describing the Prime Minister as a 'useless, incompetent fool who can barely tie his own shoelaces, let alone run the country'. The PM decides to take immediate legal action against the paper.
Unit 6
BRIEFING A CASE
Подберите для английских слов и словосочетаний русские эквиваленты.
| a) уголовное дело b) подавать в суд c) ответчик по апелляции d) гражданский иск e) подавать апелляцию f) ответчик g) апеллянт h) преследовать в судебном или уголовном порядке i) истец j) правительство |
Заполните пропуски в предложениях, используя слова из упражнения 1.
- ____________ sues _______________ in civil suits in trial courts.
- The government _____________ defendants in a ______________________ in trial courts.
- The losing party may ask a higher (appellate) court to review the case. If the law gives the loser the right to a higher court review, his or her lawyers will ________________ .
- A person who files a formal appeal demanding appellate review as a matter of right is known as the _______________. His or her opponent is the __________________.
- In a ___________, the victim brings a case against the offender or a third party for causing physical or emotional injuries.
- The judicial process in a _____________ differs from a civil case in several important ways.
Подберите для английских слов и словосочетаний русские эквиваленты.
| a) решение b) предмет спора или тяжбы c) краткое письменное изложение дела d) процессуальная история e) обоснование f) факт g) значимость h) выписка |
Прочитайте (2 мин) краткое изложение дела (BRIEF). Соедините части текста (1 - 7) с их описаниями (a - g).
NOTE:
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it.
a) The chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.
b) Who are the parties to the lawsuit, what is their dispute, and how did they get to the court?
c) The majority’s basic answer to the basic legal question in the case.
d) Name of the case (parties, date published, case-reporting publication, court).
e) The basic legal question regarding what specific provision of law that is to be decided in the case.
f) The disposition of the case in the lower court(s) that explains how the case got to the court whose opinion you are reading.
g) The political, economic or social impacts of the decision.
1. __________________________________
2. __________________________________
3. __________________________________
4. __________________________________
5. __________________________________
6. __________________________________
7. __________________________________
Sample Legal Brief
1. Citation: Goss v. Lopez, No. 73-898, SUPREME COURT OF THE UNITED STATES, 419 U.S. 565; 95 S. Ct. 729; 42 L. Ed. 2d 725; 1975 U.S. LEXIS 23, October 16, 1974, Argued, January 22, 1975
2. Facts: Students in the Columbus, Ohio, public schools brought this suit. The students claimed that their constitutional right to due process had been violated when they were suspended temporarily without a hearing prior to their suspensions. The Ohio Code provides for free education for all students between the ages of six and twenty one. Principals may suspend students for misconduct for up to ten days or expel them. In such cases, the school officials must notify parents of the suspension or expulsion within twenty four hours and include a notice of the reasons. Suspended students may appeal to the board of education. The suspensions of the ten students, who brought this action, occurred during a period of widespread unrest in the Columbus public schools.
3. Issue: Whether students may be suspended for ten days or less without due process of law.
4. Procedural History: The district court held that due process applies when students are suspended from school for ten days or less.
5. Holding: Suspensions of ten days or less are not de minimis. Due process is required before school officials can suspend students.
6. Reasoning: Under Ohio law, the plaintiffs had a right to public education; therefore, school officials must accord them due process before depriving them of protected interests. Schools have broad authority to establish and enforce standards of conduct; however, such authority is subject to constitutional limitations. Students have a property interest under the Fourteenth Amendment to an education. The court reasoned that “the State is constrained to recognize a student’s legitimate entitlement to a public education as a property interest which is protected by the Due Process Clause and which may not be taken away for misconduct without adherence to the minimum procedures required by that Clause.” The Due Process Clause also protects liberty interests to a good name and reputation from arbitrary action by the state. Short suspensions are less intrusive on students’ rights than are expulsions; however, exclusion from the educational system for ten days is not de minimis.
In order to protect property and liberty interests, courts cannot permit school systems to impose suspensions in any way they deem appropriate. If due process applies, what process is due? Due process requires notice and a hearing prior to suspension for ten days or less. A hearing consists in giving the student “an opportunity to explain his/her version of the facts.”
The court stopped short of requiring more extensive due process protections—right to counsel, confronting and cross examining witnesses, and compulsory process for witnesses—in suspensions of ten days or less. The court recognized that requiring extensive due process protections in short-term suspensions would overwhelm the resources of the schools. Providing students and their parents with notice and an informal hearing to tell their version of the incident “will provide a meaningful hedge against erroneous action.” The court further noted that more extensive due process requirements are required in long-term suspensions.
7. Significance: Goss established that due process is required before students may be suspended for ten days or less. The nature of the due process required will depend upon the severity of the consequences for the students. In general, suspensions, of ten days or less, require notice and an opportunity to be heard. Longer suspensions usually require a formal hearing with the opportunity to present witness, the opportunity to subpoena witness, the opportunity to confront witnesses, and the right to counsel.
Прочитайте разделы 1 и 2 краткого изложения дела. Ответьте на вопросы.
What is the name of the case?
Who is the defendant?
Who is the plaintiff (claimant)?
What is the defendant alleged to have done?
Прочитайте остальные разделы (3 - 7). Ответьте на вопросы.
What was the lower court ruling?
What was the decision of the Supreme Court and the reasoning for it?