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A. The US Court Working out the Listening to peers Skimming Legal vocabulary
System meaning of new words
Reading for detail The Present Perfect
Group discussion of a
case study Uncountable nouns
(evidence, information,
advice, etc.)
B. The Two Separate Discussing various Listening for specific Taking notes
Court Systems language items information
C. How Does a Case Listening to peers Writing a paragraph Reading for gist Legal terminology
Reach the Supreme on the US court
Court? system
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Unit 5: THE STRUCTURE OF THE COURTS
Presidents have often criticised the Supreme Court, although the criticism comes more frequently today from bar
35 associations, law schools and court observers in the press. The two judicial systems, federal and state, form layers of
courts that check each other and are checked in turn by the law profession and the law schools that study the decisions
and create an informed opinion. Congress also reviews the laws to be enforced and can change the laws and the number
of Supreme Court judges. The president nominates the Supreme Court appointee, while the Senate examines to determine
whether he or she is qualified. Similarly the governors, the state legislatures, and the people select the state judges. Once
40 approved, a justice remains on the Supreme Court for life. The Supreme Court justices have no obligation to follow the
political policies of the president or Congress. Their sole obligation is to uphold the laws of the Constitution. However,
the Supreme Court, by choosing the cases it wishes to review, sets the tone of the judicial system.
Despite official statements to the contrary, politics always play a role in a president’s selection of a Supreme Court
justice. On average, a president can expect to appoint two new Supreme Court justices during one term of office.
45 Presidents are likely to appoint justices whose views are similar to their own, with the hope that they can extend some
of their power through the judicial branch. For example, President Reagan’s appointments to the Supreme Court were
judges with a decidedly conservative view of constitutional law. One should remember that the appropriate level of
political awareness is difficult for the Court to achieve. Judges must be politically sensitive but not too advanced or too
reactionary – a fine line to straddle.
50 The Supreme Court consists of a chief justice and eight associate justices, and the responsibility and power of these
people are extraordinary. Supreme Court decisions can affect the lives of all Americans and change society significantly.
In the past, Supreme Court rulings have halted actions by American presidents, have declared unconstitutional, and
therefore void, laws passed by the Congress, have freed people from prison and have given new protection and freedom
to black Americans and other minorities.
55 There are many federal courts in the system which has the Supreme Court as its head. In addition, each state within the
US has established a system of courts, including a state supreme court, to deal with civil, criminal and appellate
proceedings. There are also county and city courts. There are separate military courts for members of the armed forces
and other specialized courts to handle matters ranging from tax questions to immigration violations.
In the US, a person accused of a crime is considered to be innocent until he or she is proven guilty. The Constitution
60 requires that any accused person must have every opportunity to demonstrate his or her innocence in a speedy and
public trial, and to be judged innocent or guilty on the basis of evidence presented to a group of unbiased citizens, called
a jury. A person who has been judged guilty must still be treated justly and fairly, as prescribed by law. A person treated
unjustly or cheated by another or by a government official must have a place where he or she can win justice. That place,
to an American, is a court.
65 There are two types of courts in the US: trial and appeals. Trial courts listen to testimony, consider evidence, and decide
the facts in disputed situations. In any trial there are two parties to each case. In a civil trial, the party initiating the legal
action is called the plaintiff. In a criminal trial, the government (state or federal) initiates the case and serves as the
prosecutor. In both civil and criminal trials, the party responding to the plaintiff or prosecution, as the case may be, is
called the defendant. Once a trial court has made a decision, the losing party may be able to appeal the decision to an
70 appellate, or appeals, court.
In an appeals court, one party presents arguments asking the court to change the decision of the trial court. The other
party presents arguments supporting the decision of the trial court. There are no juries or witnesses, and no evidence is
presented. Only lawyers appear before the judges to make legal arguments.
Not everyone who loses a trial can appeal. Usually, an appeal is possible only when there is a claim that the trial court
75 has committed an error of law. An error of law occurs when the judge makes a mistake as to the laws applicable in the
case.
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Unit 5: THE STRUCTURE OF THE COURTS
accustomed to (1) sheer number (3) to rest on smth (6) to operate alongside (8, 16)
to handle cases (16) to hear disputes (18) to fall (19) in the last resort (20)
legally binding (23) to nullify (32) sole obligation (41) a justice (44)
term of office (44) to halt actions (52) to declare void (52) appelate proceedings (56)
speedy trial (60) unbiased (61) trial court (65) evidence (65)
testimony (65) plaintiff (67) prosecution (68) defendant (69)
appeals/appelate court (70)
Work in pairs to answer the questions on the left. The statements are taken from the reading text.
What tense is the verb in this statement? Presidents have often criticised the
How does it differ in meaning from Supreme Court, although the criticism comes
Presidents often criticised... and more frequently today from bar associations,
Presidents often criticise...? law schools and court observers in the press.
..................................................................................
..................................................................................
.....................................................................................
..................................................................................
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Unit 5: THE STRUCTURE OF THE COURTS
grammar box
SOME TRICKY NOUNS
Other nouns which behave in the same way are news, luggage, equipment,
furniture.
NOTE: As you know, the word money is uncountable in English, and is therefore used
with the verb in the singular.
However, it also has the plural (countable) form moneys/monies. This is a formal use,
as well as a legal term, referring to several separate sums of money that form part of a
larger amount received or spent.
e.g. The project received public monies/ community moneys.
Have the moneys in this year’s budget been allocated?
Which of the nouns above can also be used with a piece of ... ?
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Unit 5: THE STRUCTURE OF THE COURTS
B.1 You will hear an American lawyer providing basic information on the court structure in the US. Listen
carefully and list all the types of courts he mentions. Compare your list with a partner. You may need to
listen to the tape again in order to check your lists.
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Unit 5: THE STRUCTURE OF THE COURTS
C.1 The text below points to the procedure through which a case reaches the Supreme Court. Some words
are missing. In pairs try to come up with the missing terminology. The number in brackets indicates how
many letters there are in each word.
While there are certain cases that can be brought directly to the Supreme Court,
the majority of cases are brought on ________ (6). If either party in a case is
unhappy with the decision of a ______(5) court, it has the right to appeal that
decision to a higher court. An appeal is not a new trial but rather a re-
______________(11) of the evidence, procedures and legal or constitutional
principles on which the decision was based in the __________(8) trial.
Only a very small number of cases appealed are ___________(10) by the Supreme
Court. Commonly the Court agrees to hear less than 5% of the cases for which it
receives _________(9). Generally speaking, the Court will be inclined to _____(4)
a case if it involves a ______(5) constitutional principle, an important question of
federal law or a _________(8) between state and federal law.
Now that you have filled the gaps in the text, go to File 4 then check your solutions with the key.
In what follows you have the jumbled sequence of the stages through which a real-life case reached the
Supreme Court. Work in groups of four and decide on the correct steps through which the case came to be
examined by the Supreme Court.
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
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Unit 5: THE STRUCTURE OF THE COURTS
c. Second Appeal
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
A year later, arguments were again heard for both sides. During that time a significant change occurred
on the Court and a new Chief Justice was appointed by President Eisenhower.
In pairs write a paragraph about the US court system using as many of the words studied in the previous
activity as you can. Use a detachable sheet of paper. Don’t take more than 15 minutes for the activity. Post the
paragraphs on the board. Compare them and choose the piece of writing you like best.
You will listen to an interview which was conducted with Justice Clark in her chambers in the Supreme Court. She
spent more than 20 years as a lawyer and a judge and served on the Supreme Court for almost 5 years before
resigning because of a potential conflict of interest.
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Unit 5: THE STRUCTURE OF THE COURTS
In pairs answer the questions on the left. Compare solutions with the pairs seated next to you.
Is there any difference in meaning between this The Chief Justice before you used to say that
statement and the Court’s function was nothing less than to
“The Chief Justice before you said that...”? be an arbiter among rival forces in our society.
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..................................................................................
D.3.1 In pairs match the legal terminology in the left column with the definitions provided on the right. The
legal vocabulary detailed below comes from the taped dialogue.
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Unit 5: THE STRUCTURE OF THE COURTS
D.3.2 In pairs practise the terminology above by filling the missing words in the following statements.
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