Homework lesson 2 11/10/07:
1. Dal testo di grammatica: Simple past vs Present perfect pp. 18-23, pp. 48-51, pp. 66-67
2. Complete extra exercise on the use of Latin in Legal English
3. Trova informazioni su un tipo di tribunale italiano e inserisci l’informazione in inglese (possibilmente breve). Pubblica il lavoro nel commento a questo post.
Visita http://www.giustizia.it/sito_trad_inglese/en_index.htm o cerca in altre fonti
Esempio di lavoro
Supreme Court (corte suprema): hears appeals both in civil and criminal matters against decisions reached by lower courts but only on points of law (assessment of legitimacy). It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision. It is a collegiate body dealing with ordinary jurisdiction.
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http://www.giustizia.it/sito_trad_inglese/uff_giud/en_trib_minorenni.htm
Juvenile Court (tribunale per i minorenni)
The Juvenile Court is an autonomous and specialised judicial body. It functions as a court of first instance for all criminal, civil and administrative matters concerning minors under the age of 18.
The Court's geographical area of jurisdiction is the same as that for the Courts of Appeal or as that section of the Court of Appeal where the Juvenile Court is based.
The Juvenile Court is made up of one judge qualified for the Court of Appeal (who acts as the chairman) one judge qualified for the ordinary Court and two experts who are not judges. It has jurisdiction in civil, criminal and administrative matters for proceedings regarding:
Offences committed within the District by minors under 18;
The application of rehabilitative measures on minors under 18 resident in the Court's District;
The exercise of parental powers, of the protection of the Court, financial administration, assistance, affiliation and adoption, as before in relation to minors resident in the Court of Appeal district.
The Juvenile Court must be informed of all proceedings in progress involving offences of sexual assault or violence or corruption committed against minors.
http://www.giustizia.it/sito_trad_inglese/glo/en_tribunale_ordinario.htm
ORDINARY COURT
This Court has jurisdiction in both civil and criminal matters over a geographical area described as a "circondario".
Following the enactment of Legislative Decree 51/98, abolishing the position of "Pretore", (a magistrate with limited jurisdiction in criminal and civil matters), the Ordinary Court became the sole court of first instance save with respect to the jurisdiction of the Justice of the Peace in the field of small claims and cases of lesser importance (the Justice of the Peace being the court of first instance in these cases). As a consequence, the Ordinary Court also functions as the first level of appeal against the decisions of the Justice of the Peace.
The Ordinary Court may adjudicate as a collegiate court (with three judges sitting) or with only a single judge.
The decisions of the Ordinary Court may be challenged on appeal to the Court of Appeal for reasons based on the facts giving rise to the dispute (on the merits) and before the Court of Cassation on appeal on grounds related either purely to the law (relating to legal legitimacy) or to jurisdictional powers (jurisdictional grounds).
The Ordinary Court also exercises the functions of a tutelary court together with other specific functions laid down by the law.
There are 166 Ordinary Courts, two of which are identified, because of their geographical area of jurisdiction, as Metropolitan Courts.
AUDITORS COURT
Court of Auditors'mission is to audit independently the collection and spending of European Union funds and, through this, assess the way that the European Institutions discharge these functions.
The Court's main role is to check that the EU budget is correctly implemented — in other words, that EU income and expenditure is legal and regular and, in particular through its performance audit, to ensure the Commission's sound financial management of EU funds and programmes financed by the Community budget.
To do its job effectively, the Court of Auditors must remain independent of the other Institutions. Its work helps guarantee that the EU system is transparent and operates efficiently and effectively.
COURT OF APPEAL( corte d'appello)
This is a body forming part of the ordinary civil and criminal Court system. It is made up of three judges. It represents the second level of the judicial system, that of appeal against decisions of the first instance Court (tribunale). It has territorial jurisdiction within its own district, normally corresponding to a Region. The Court is normally located in the regional capital.
Court of Cassation (Corte di Cassazione): This is Italy's Supreme Court and is entrusted with ensuring the precise observance and uniform interpretation of the law. Questions relating to conflict of jurisdiction, competence and powers within the Magistracy are also referred to it for adjudication. It hears appeals both in civil and criminal matters against decisions reached by lower courts but only on points of law (assessment of legitimacy). It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision. It is a collegiate body dealing with ordinary jurisdiction. It is divided into so-called "simple" divisions (6 criminal, 3 civil and 1 for labour disputes). In cases of particular importance it sits in United Session. Its offices are in Rome and it has jurisdiction over the whole territory of the Italian Republic.
Court of Assize (Corte d'Assise):This is a court with ordinary jurisdiction in criminal matters with competence to try a number of serious offences at first instance. It is made up of a President (a Judge qualified for the Court of Appeal), a panel judge ("giudice a latere") who is a judge qualified for an ordinary court and six jurors. In carrying out their functions the jurors have equal status to the Court Judges - their votes count for the same as those of the judges when the Court reaches a verdict.
TERRITORIAL COUNCIL FOR IMMIGRATION(Consiglio territoriale per l'immigrazione)
The Territorial Council for Immigration is a collegial body that operates in the province, as provided by art. 57, DPR n.394/99 The prefect is responsible for the formation and functioning of the Council which is responsible to analyzing immigration's problems and aimed to promote the inclusion of the immigrant in social contenst.
The Council operates in junction with the initiatives of the Regional Administration and the local authorities to promote integrated public policies based on a clear spirit of cooperation.
The Council, chaired by the prefect, is composed of the following representatives of public institutions and private and social categories:
* Province president;
* Representative of the Region;
* Mayor of the Municipality chief, or his delegate, and Mayor, or his delegate, of the town from time to time in question;
* Peripheral offices of the State;
* Chamber President of Commerce, industry, handicrafts and agriculture or his delegate;
* At least two representatives of trade unions of workers and employers;
*At least two representatives of associations representing more foreigners operating outside the territory;
* At least two representatives of institutions and associations locally active in relief and assistance to immigrants.
They can be invited to participate in meetings of the Council also representatives of Local Health Companies, organizations and public or private associations interested in the topics.
The Justice of the Peace is an honorary magistrate granted judicial powers on a temporary basis. He or she holds office for four years and may only be re-appointed once at the end of this period.
He or she may not continue acting as Justice of the Peace after reaching the age of 75.
The Justice of the Peace is required to comply with the duties imposed on judges and magistrates generally and is subject to disciplinary responsibility.
The Justice of the Peace is an honorary and not a career position and there is no relationship of employment with the State. A holder of this office is entitled to an allowance which does not have to be deducted from pension or retirement payments.
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