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The legal system in the United States




The legal system in the United States is similar in many ways to the English system. One of the main differences is the existence of the United States Constitution which is interpreted by the highest court, the Supreme Court. The nine Supreme Court judges, who are appointed by the President and approved by the Senate, can only be removed from office by impeachment.

Federal judges are also pointed for life by the President. They deal with federal law, which applies to the country as a whole, and with important cases involving citizens from different states. State judges hear cases involving the law of a particular state. They hold officefor ten years and are usually elected, or confirmed in office by election.

The jury The number of people who make up a jury varies from state to state, efforts are made to ensure that they represent a fair cross-section of society. Both the defense and the prosecution are allowed to reject a certain number of jury candidates. Except in minor cases, the defendant in a criminal case has the right to be tried by a jury, and many civil cases are also heard by a jury. In most states, the task of the jury is only to decide whether the defendant is innocent or guilty, while it is the judge who passes sentence.

The attorneys, who represent clients in court, have been trained at law schools and are licensed to practise only in certain states. If they wish to practise in a different state, they may have to take another exam. In a criminal case, the prosecution attorney is appointed by the District Attorney to prosecute the defendant. The defense attorney will be provided by the Public Defender's Office if the defendant cannot afford to engage her or his own lawyer. The prosecution may agree to charge the defendant with a less serious offence if he or she agrees to plead guilty. This is known as plea bargaining.

 

Follow Up Find out more about the law in the UK at this website: www.leeds.ac.uk/law/hamlyn/toc.htm. Note down at least ten more useful legal words and expressions.

Case Study I Muriel

 

Muriel’s home was a pleasant three-­bedroomed detached house in a suburb of Manchester. The family, consisting of two girls and a boy, had been raised there. One had already left home, and the day was not far off when the other two would leave for London and the start of their careers.

The house now lacked for nothing. The expensive days of schooling and providing for a growing family were over. The husband's salary as an en­gineer provided holidays in Spain, a year-old family car, a colour television (not rented now, thanks to a bargain offer in a January sale), and the lounge even boasted a corner with a 'bar', complete with two stools.

Life was good until Muriel, returning from a shopping expedition in the city centre, found she had been burgled. It was bad enough that the French windows in the rear dining-room had been forced open and £2O in cash in the kitchen drawer stolen; but the damage and vandalism aged Muriel on the spot, inflicting a mental wound even time would not heal.

A booted foot had shattered the television screen, leaving smashed glass, dangling wires and a jumble of crushed miniature valves. The three-piece suite had been up-ended and the fabric slashed - possibly in the hope that money had been hidden inside. Houseplants had been torn from their pots and hurled against walls. There was a horror in the kitchen. Three fish were dead on the floor, their heads stamped and crushed; they were from the family's small aquarium. The actual fish tank was not broken - it was constructed of tough plastic - but it had been knocked from its stand and the water had soaked the fitted carpet. Kitchen drawers had been yanked out and the contents strewn over the floor.

It was the same story in each room: devastation. Muriel Yound she could not sleep. The extra sherry at night did not work. The doctor later prescribed tran­quillizers. Ultimately her husband made the only decision he could. They had to sell and move from the home where they had planned to spend the rest of their lives.

The tragedy is that each year there are many thousands of Muriels.

(from The Burglary Business and You by Peter Burden)

 

1. When Muriel realised what had happened, she telephoned her husband, Ron. Fill in Muriel's side of the conversation from information in the text and supply the correct form of the verbs in brackets. Write out the complete conversation afterwards and read it in pairs.

 

Muriel: Ron, something awful (happen). We (burgle).

Ron:Oh no! When?

Muriel: Just this morning. They (must/get) in while.......

Ron: What they (take)?

Muriel: Well, they only (take).….. as far as I can see. It's not that - oh Ron,

you should just see what the house looks like.

Ron: What they (do)?

Muriel: The place is just completely upside­down. They.......... the TV set;

they...... the furniture and the material........ They (must/think).........

And the walls are in a terrible mess because they................

Ron: Is it only the lounge?

Muriel: No, everywhere! The bedrooms, the dining­room - and the kitchen!

They (kill) the goldfish. The aquarium was too........ for them to break

but the carpet.............. and the floor (cover) with.......

Ron: How they (get in)?

Muriel:They (must get) into the........by....... the French windows.

Ron: You (report) it to the police?

Muriel: No. I (do) it now.

 

2. Before going to the police station, Muriel made a note of everything that had been stolen or damaged, like this. Complete the list.

£20 stolen

French windows forced

TV screen..........

Furniture fabric..........

Houseplants.......... and..........

Fish.......... and..........

Carpet..........

Kitchen drawers..........

Contents..........




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