Lesson 2 Homework:
1. Dal testo di grammatica: Simple past vs Present perfect pp. 18-23, pp. 48-51, pp. 66-67
2. Trova informazioni sulla figura del barrister vs solicitor
3. Trova informazioni su un tipo di tribunale italiano e inserisci l’informazione in inglese (possibilmente breve). Justice of Peace, Cassation Court, Appeal court etcc..
Visita http://www.giustizia.it/sito_trad_inglese/en_index.htm o cerca in altre fonti
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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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Justice of the Peace (Giudice di Pace)
The Justice of the Peace system initiated on 1st May 1995, replacing the Conciliation Judge - this latter position was then abolished as a result.
The Justice of the Peace has a field of competence in civil matters, which is much wider than the old Conciliation Judge together with a criminal jurisdiction for minor matters without complex facts. Justices of the Peace began exercising their jurisdiction in criminal matters from 1st January 2002.
The Justice of the Peace is an honorary magistrate who is assigned judicial powers on a temporary basis. He or she holds office for 4 years and the term of office may be renewed only once. He or she will retire from office on reaching 75 years of age.
The Justice of the Peace is required to carry out the duties imposed on magistrates and is subject to disciplinary responsibility.
The Justice of the Peace is an honorary and not a career position and there is no employment relationship with the State. He or she receives an allowance which may be combined
http://www.giustizia.it/sito_trad_inglese/giud_pace/en_gpace_indice.htm
Practical differences between barristers and solicitors
The practical difference between the two professions is twofold:
1.The barrister will usually be the lawyer who represents litigants as their advocate before the courts of that jurisdiction. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so. In this regard, the profession of barrister corresponds to that part of the role of legal professionals found in civil law jurisdictions relating to appearing in trials or pleading cases before the courts.
Barristers used to have a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In others, it is relatively common for a barrister to only receive a "brief" from an instructing solicitor to represent a client at trial a day or two before the hearing.[1]
2.Barristers often have a more specialised knowledge of case-law and precedent. When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.[2]
However, in many countries, the traditional divisions are breaking down. Barristers used to enjoy a monopoly on appearances before the higher courts, but in most countries this has now been abolished, and solicitor advocates can generally appear for clients at trial. Increasingly, firms of solicitors are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished, but in practice, direct instruction is still a rarity in most jurisdictions, partly because barristers with narrow specialisations or who are only really trained for advocacy are not equipped to provide general advice to members of the public.
In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships (although in England and Wales the Clementi report has recommended the abolition of this restriction). However, barristers normally band together into "chambers" to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated, and have a distinctly corporate feel. Some barristers, on the other hand, are employed by firms of solicitors, banks or corporations as in-house legal advisers.
In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England and Wales, barristers usually wear a horsehair wig, stiff collar, bands and a gown. As of January 2008 Solicitor advocates will also be entitled to wear a wig, but will wear a different gown.[3]
http://en.wikipedia.org/wiki/Barrister
Well done, Carmen!
Somebody else potrebbe individuare delle parole chiavi nel testo inserito da Carmen e tradurle in italiano.
Parole chiavi del testo di Carmen:
drafting pleading: abbozzare una dichiarazione
hearing: udienza
reviewing evidence: riesaminare la prove
Court of Appeal (corte d’appello): collegial body, located in the main town for each District, which adjudicate on appeals from judgements of first instance decided by the ordinary courts in both civil and criminal matters.
An appeal is a procedure provided for by the law to request the complete or partial reform of an order of the court considered to be in error.
An appeal from the decision of the Justice of the Peace lies with the Court while an appeal from the Court is to the Court of Appeal for the district in which the Judge reaching the decision at first instance was sitting.
(http://www.giustizia.it/sito_trad_inglese/uff_giud/en_corti_appello.htm)
Cassation court:
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.
TRIAL COURT
(Tribunale ordinario)
A trial court or court of first instance is the court in which most civil or criminal cases begin. Not all cases are heard in trial courts; some cases may begin in inferior limited jurisdiction bodies such as the case of the jurisdiction of an administrative body that has been created by statute to make some kind of binding determination under the law and where simplified procedural practices may apply similar to arbitration.
A trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. A trial court of limited jurisdiction is authorized to hear only specified types of cases. The Superior Courts of Maine, Massachusetts, New Hampshire and Washington State; the New York Supreme Courts, and the Maryland Circuit Courts are all examples of trial courts of general jurisdiction, along with the United States District Court in the federal system. Examples of trial courts of limited jurisdiction are the family courts, juvenile courts and probate courts found in most states, along with the U.S. Tax Court in the federal system. Because different states apply different names to their courts, it is often not evident whether a court is general or limited in its jurisdiction. For instance, the Maine District Court is a court of limited jurisdiction, but the Montana District Court is a court of general jurisdiction.
In the trial court evidence is taken and determinations are made called findings of fact based on the evidence under the rules of evidence of the court following the applicable procedural law; the court also makes findings of law based upon the applicable law. Findings of fact are determined by the trier of fact (judge or jury) and the findings of law are always determined by the judge or judges. In most common law jurisdictions, the trial court often sits with a jury and one judge; though some cases may be designated "bench trials" — either by statute, custom, or by agreement of the parties — in which the judge makes both fact and law determinations.
A trial court is distinguished from an appellate court, which reviews cases that have already been heard in the trial court. In appellate review the record of the trial court must be certified by the clerk of the trial court and transmitted to the appellate body. Most appellate courts do not have the authority to hear testimony or take evidence, but must rely upon the record below. Most trial courts are courts of record. The trial court is the court where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court
The Juvenile Court is an autonomous and specialised judicial body with the function of a court of first instance for all criminal, civil and administrative matters concerning minors under 18.
The Court's geographical jurisdiction is the same as the Court of Appeal Districts or the districts of the Division of the Court of Appeal where the 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 an ordinary court and two expert lay members.
It has jurisdiction in civil, criminal and administrative matters in proceedings concerning the following:
Offences committed within the District by minors under 18;
The application of re-educational measures for minors under 18 resident in the District;
The exercise of parental powers, guardianship, financial administration, assistance, affiliation and adoption, as before, for minors with residence in the Court of Appeal District.
The Juvenile Court must be informed of all on-going proceedings involving the offences of sexual violence and corruption committed against minors.
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