Module 3

Pre-Reading

[Link] you know the difference between the American and English legal systems?
[Link] having any information about the legal system of the USA, in the court system of
which country (the UK or the USA) would you like to work?
[Link] do you think, which country’s court system is the most complex?

Reading

Legal system in the USA

The US Legal System is a complex organization of Federal and State governmental

divisions.  In order to understand the US Legal System, you should first know which laws, rules
or regulations control.  In other words, which laws have priority or controlling effect. The U.S.
Constitution is the highest law of the land. Federal Laws enacted by the US Congress
come next.  This does not mean that the Federal Congress can adopt laws that control States in
every situation.  It can’t unless the law can be applied to the States under the US Constitution
and Court decisions. Each State has a legislature that adopts State Laws called “statutes”. 
Those statutes are sometimes complied into what is referred to ad a Code.  This is nothing
more than a codification of all the applicable statutes.
The United States Constitution was drafted in Philadelphia in the year 1787, the United
States Constitution is the founding legal document of the US government, ensuring the power
of the three branches of government.  A preamble, seven articles and twenty-seven
amendments make up the Constitution, and matters critical to the foundation of America such
as the legislative branch of the government, the presidency, the court system, and the
relationship between the federal government and state governments are discussed. Since the
implementation of the Constitution, a number of amendments have been ratified to prevent
the abuse of governmental powers and protect the rights of American citizens; the first ten
amendments are known as the Bill of Rights.  The Bill of Rights guarantees important American
values such as the freedom of speech, media and religion which we consider fundamental to
the personal liberty of our citizens.

The US legal system is based on federal law, augmented by laws enacted by state
legislatures and local laws passed by counties and cities. Most rights and freedoms enjoyed by
Americans are enshrined in the first ten amendments of the US Constitution and popularly
known as the ‘Bill of Rights’.
American law and the US Constitution apply to everyone in the US, irrespective of
citizenship or immigration status, and even illegal immigrants have most of the same basic legal
rights as US citizens. Under the US constitution, each state has the power to establish its own
system of criminal and civil laws, resulting in 50 different state legal systems, each supported by
its own laws, prisons, police forces, and county and city courts. There’s a wide variation in state
and local laws, making life difficult for people moving between states. Never assume that the
law is the same in different states (Conflict of State Laws is a popular course in American law
schools).
The US Judiciary
The US judiciary is independent of the government and consists of the Supreme Court,
the US Court of Appeals and the US District Courts. The Supreme Court, the highest court in the
land, consists of nine judges who are appointed for life by the President. Its decisions are final
and legally binding on all parties. In deciding cases, the Supreme Court reviews the activities of
state and federal governments and decides whether laws are constitutional. The Supreme
Court has nullified laws passed by Congress and even declared the actions of US presidents
unconstitutional. Momentous judgements in recent years have involved the Watergate scandal,
racial segregation, abortion and capital punishment.
However, when appointing a Supreme Court judge, the President’s selection is based on
a candidate’s political and other views, which must usually correspond with his own. The
Supreme Court was for many years made up of members with a liberal or reformist outlook,
although this trend has been reversed in recent years with the appointment of conservative
judges by successive Republican presidents.
 The federal courts
A separate system of federal courts operates alongside state courts and deals with cases
arising under the US Constitution or any law or treaty. Federal courts also hear disputes
involving state governments or between citizens resident in different states. Cases falling within
federal jurisdiction are heard before a federal district judge. Appeals can be made to the Circuit
Court of Appeals and in certain cases to the US Supreme Court.
The civil and criminal courts
There’s a clear separation and distinction between civil courts, which settle disputes
between people (such as property division after a divorce), and criminal courts that prosecute
those who break the law. Crimes are categorized as minor offences (‘misdemeanors’) or serious
violations of the law (‘felonies’). Misdemeanors include offences such as dropping litter, illegal
parking or jay-walking, and are usually dealt with by a fine without a court appearance.
Felonies, which include robbery and drug dealing, are tried in a court of law and those found
guilty are generally sentenced to prison (jail). In many counties and cities, there are often
eccentric local laws (usually relating to misdemeanors rather than felonies).
People who commit misdemeanors may be issued a summons (unsuspecting foreigners
who violate local by-laws may be let off with a warning), while anyone committing a felony is
arrested. An arrest almost always involves being ‘frisked’ for concealed weapons, handcuffed
and read your rights. You must be advised of your constitutional (Miranda) rights when
arrested. These include the right to remain silent, the right to have a lawyer present during
questioning, and the right to have a free court-appointed lawyer if you cannot afford one. You
will be asked if you wish to waive your rights. This isn’t recommended, as any statement you
make can then be used against you in a court of law.
It’s better to retain your rights and say nothing until you’ve spoken with a lawyer. At the
police department, you’re charged and have the right to make one telephone call. This should
be to your embassy or consulate, a lawyer or the local legal aid office, or (if necessary) to
someone who will stand bail for you. You’re then put into a cell until your case comes before a
judge, usually the same or next day, who releases you (if there’s no case to answer) or sets bail.
Bail may be a cash sum or the equivalent property value. For minor offences, you may be
released on your ‘personal recognizance’. In serious cases, a judge may oppose bail.

Glossary

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Post-Reading

1. According to the text

a. The US Constitution is the highest law of the country. True False Not Given
b. The Federal Congress can adopt laws that control States . True False Not Given
c. The American legal system has several layers. True False Not Given
d. Each state has the power to establish its own system of laws. True False Not Given
e. Congress’ lawmaking power is limited. True False Not Given

2. Complete the sentences with details from the text.

a. There’s a wide variation in state and local laws,…………………………………………….. .
b. Each State has a legislature that ……………………………………………………………. .
c. In order to understand the US Legal System, one should ……………………………………. .
d. The first ten amendments of the Constitution are known …………………………………… .
e. The US Legal System is a complex organization of ………………………………………… .

3. In front of each word or phrase write the number of the appropriate definition.

a. Decision ……
b. Amend ……
c. Affirm ……
d. Case file ……
e. Defendant ……

1. The party being sued or the party accused of committing the offense charged.
2. To change.
3. An act of declaring something to be true under the penalty of perjury by a person who
conscientiously declines to take an oath for religious or other pertinent reasons.
4. The determination reached by a court in any judicial proceeding, which is the basis of the
judgment.
5. The court file containing papers submitted in a case.
4. Complete the sentences with one of the given words.
(federal, Constitution, Bill of Rights, amendments, government,)

a. The US Constitution is the founding legal document of the US …………………. .

b. Seven articles and twenty-seven …………………. make up the Constitution.
c. The US legal system is based on …………………… law.
d. American law and the US ………………….. apply to everyone in the United States.
e. The first ten amendments of the Constitution are known as the ……………………… .

5. Translate the given sentences into Armenian.

a. The US Constitution was drafted in Philadelphia in the year 1787.

b. The freedom of speech, media and religion are considered fundamental to the personal liberty
of the US citizens.
c. There is a wide variation in state and local laws, making life difficult for people moving
between states.
d. One must never assume that the law is the same in different states.
e. Each state has a legislature that adopts State Laws called “Statutes”.

[Link] the words under the following groups.

Governmental, regulation, enact, statutes, ensure, branch, critical, ratify, religion, consider,
fundamental, liberty, freedom, enshrine, illegal, judiciary, judge, legally, momentous, capital
punishment, questioning, afford, statement, rights, bail, minor, offence, release, oppose.

Noun Verb Adjective

[Link] the English equivalents of the following words.

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[Link] in the gaps in the text with one of the given words.
(burglary, sentence, Magistrates’, offences, indictment, Crown Court)

There are three categories of criminal offences in the UK. Summary ............................. , tried
without a jury, are minor crimes only triable in the ...................................... Court. Indictable
offences are serious crimes, such as murder, which can only be heard in
the .................... ....................... . The formal document containing the alleged offences,
supported by facts, is called the ......................... .A case which can be heard in either the
Magistrates’ Court or the Crown Court, such as theft or ............................, is triable either way.
If the defendand pleads guilty, the Magistrates’ Court can either proceed to sentence or
commit to the Crown Court for ..............................., where more severe penalties are available.

[Link] the text.

Law of Russia

The primary and fundamental statement of laws in the Russian Federation is the
Constitution of the Russian Federation. Since its adoption in a 1993 referendum the Russian
Constitution is considered to be the supreme law of the land. Article 15 of the Constitution
reads that it “shall have supreme legal force and have direct effect, and shall be applicable
throughout the entire territory of the Russian Federation”.Constitutional laws cannot become
part of the constitution or amend parts of it absent a special legal act on constitutional
amendment. Constitutional laws enjoy special status within hierarchy of laws, since federal
constitutional laws will displace federal laws.

Statutes are the predominant legal source of Russian law, and may only be enacted through
the legislative process. The Russian Civil Code is the “constitution” of the market economy and
is special in the hierarchy of codes.
The President has power to issue normative and non-normative decrees, provided they do not
contravene the constitution and federal laws. “On the basis and for the sake of implementation
of the Constitution of the Russian Federation, federal laws, normative decrees of the President of
the Russian Federation” Government may also issue directives having “normative” character.