The Three Branches of Government

In the traditional view of the legal process, the legislative branch writes and passes laws, the executive branch enforces laws, and the judicial branch interprets laws. In reality, however, laws can affected at all stages of their development by any of the branches and by others as well.

Effects of different groups on laws begin at the prelegislative stage of the legislative avenue – that is, before a proposed law becomes an actual law. The executive branch can write a law and send it to the legislative branch for approval. The judicial branch can create what is called case law through its decisions. In addition, laws can be and often are written by people representing special interests who are completely outside the branches of government.

In the legislative stage of the legislative avenue the legislature debates and possibly passes the proposed laws. The executive branch can affect this stage by recommending that legislators pass or reject particular proposed laws. Businesses and other groups or individuals can do the same by writing to legislators, lobbying, and so on.

After a law has been passed, it must be enforced and interpreted. Enforcement and interpretation of a law can be even more complicated than initiation and passage. The administrative branch must often write implementing regulations. It also decides which aspects of the law to emphasize in enforcement.

Контрольная работа №2

I. Перепишите следующие предложения; подчеркните в каждом из них глагол-сказуемое и определите его видовременную форму залог. Переведите предложения на русский язык:

1. The defendant was satisfied to be discharged.

2. The death penalty has been repealed for almost all offences.

3. The girl is considered to be in need of care and protection.

4. The letters are being answered now.

II. Перепишите следующие предложения; подчеркните герундий в каждом предложении и установите его функцию. Переведите предложения на русский язык.

1. The prosecutor spoke about punishing the offender.

2. This trial needs participating experts in different branches of industry.

3. Cross-examining was held before a jury.

4. The judge started asking the witnesses questions by the defence.

III. Перепишите следующие предложения, подчеркните в каждом из них модальный глагол или его эквиваленты. Переведите предложения на русский язык.

1. The public needs to be protected from a dangerous offender.

2. The defendant cannot be tried again for the same offence.

3. If the criteria for detention are not satisfied, the person must be released immediately.

4. In England and Wales a private person may institute criminal proceedings.

IV. Прочитайте и письменно переведите следующий текст на русский язык.

Trial

Criminal trials in the United Kingdom take the form of a contest between the prosecution and the defence. Since the law presumes the innocence of an accused person until guilt has been proved, the prosecution is not granted any advantage over the defence. A defendant has a right to employ a legal adviser and may be granted legal aid from public funds. If remanded in custody, the person may be visited by the legal advisor to ensure a properly prepared defence. In England, Wales, and Northern Ireland during the preparation of the case, the prosecution usually tells the defence of relevant documents which it is not proposed to put in evidence and discloses them if to do so. The prosecution should also inform the defence of witnesses whose evidence may help the accused and whom the prosecution does not propose to call. The defence or prosecution may suggest that the defendant’s mental state renders him or her unfit to be tried. If the jury or the judge decides that this is so, the defendant is admitted to a specified hospital.

Criminal trials are normally in open courts. Rules of evidence are strictly applied, otherwise a conviction can be quashed. During the trials the defendant has the right to hear or cross-examine witnesses for the prosecution, normally through a lawyer; to call his or her own witnesses; and to address the court in person or through a lawyer, the defence having the right to the last speech at the trial. The defendant cannot be questioned without being sworn. When he or she testifies, cross-examination about character or other conduct may be made only in exceptional circumstances; generally the prosecution may not introduce such evidence.

V. Прочитайте 2-ой абзац текста и письменно ответьте на следующий вопрос: What right has the defendant during the trials?

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