English for social workers I session 5, 18 nov 2013

1. English for social workers Isession 5, 18 nov 2013 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30

2. Today’s session • Revision of the last session • American Federalism • Revision for themid-term

3. Revision of the last session Criminal Procedure in theUK TheConstitutionofthe RC

4. Revision – Criminal Procedure Answer the following questions with your partner: Who are the parties in a criminal procedure? What is the job of the police in criminal justice? What are the categories of criminal offence? What human rights are guaranteed in the criminal procedure? What do you know about the burden and standard of proof?

5. Revision – Criminal Procedure Answer the following questions with your partner: How is a criminal procedure initiated? Are all crimes prosecuted? What do you know about summary offences? What are triable either way offences? What is the first stage of Crown Court trials? What do you know about jury trials?

6. Revision – Criminal Procedure Howdo wedefine a constitution? WhenwastheCroatianConstitutionadoptedand how manytimeshas it beenamended? Whatare some ofthefundamentalfeaturesofthe RC, laiddowninthebasicprovisionsoftheConstitution? Name some basicrightsprovided for inthe C.? Whatgovernmentinstitutions are envisagedintheConstitution? Whatdo youknowabouttheConstitutional Court?

7. Translate the sentences • The police investigate a crime, apprehend suspects and detain them in custody. • In the determination of his civil rights and obligations and of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. • The right to liberty and security governs matters pertaining to unlawful arrest and detention and lays down the conditions under which an individual can be deprived of his or her liberty. • The prosecutor must be sure that the evidence is legally admissible and reliable, taking account of the witnesses. • The defendant's silence may be adversely interpreted in the court.

8. The United States of America Birth and Constitution

9. The United States of America

10. The United States of America Capital: Washington, D.C. (largest city: New York City) Population: 306 million, Area: 9,8m km2 Government: Federal constitutional republic comprising 50 states (48 continental + Alaska and Hawaii) and 1 federal district (District of Columbia)

11. The USA – the beginnings • Founded by 13 British colonies who rebelled against British rule • The Thirteen Colonies were: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina and Rhode Island • The territory of these colonies also included 5 present-day states: Vermont, Kentucky, Tennessee, Maine and West Virginia

12. Growth of the United States

13. The USA – the revolution • Mid 18th century: Britain exerted tax-levying power in the American colonies, while they were not represented in Parliament • Two views: 1. the power of Parliament is undisputed; 2. colonies should get parliamentary representation • Supporters of both views were present both in the Colonies and in British Parliament

14. The USA – the revolution The Boston Tea Party (1773) – an act of rebellion against British rule • Culmination of resistance that led to the first continental congresses – conventions of representatives of the colonies), the American Revolutionary War, and ultimately the independence of the USA

15. The USA - independence First Continental Congress (1774) • representatives of the 13 Colonies gathered and petitioned King George III to repeal acts that were imposing severe taxes on them • the King refused, which led to more opposition and ultimately to war

16. The USA - independence American Revolutionary War (1775-1783) • Armed conflict between the British Empire and the 13 Colonies • several European countries joined in the war • France and the Netherlands supplied arms and ammunition to the rebelled colonies

17. The USA - independence Second Continental Congress (1775) • Americans still celebrate Independence Day on the 4th of July to mark the signing of the Declaration of Independence (1776) • The Declaration written largely by Thomas Jefferson at the Second Continental Congress • The sovereignty of the United States of America recognized internationally in 1783 by the signing of the Treaty of Paris

18. USA Constitution Second Continental Congress (continued) • apart from the drafting of the Declaration of Independence, a committee was put together to draft a constitution for the United States • The result was the Articles of Confederation and Perpetual Union – the first constitution for the USA

19. Articles of Confederation • laid the foundation for a confederation of states, capable of making war, negotiating diplomatic agreements, and resolving issues regarding the western territories • Confederation: did not provide for a strong central government • relatively powerless regarding interstate conflicts and forcible collection oftax as all decisions had to beunanimous!

20. USA Constitution • Criticised by ‘federalists’, supporters of the idea of federation • Another criticism – the Articles provided for a ‘one state – one vote’ system of central government, which was deemed unfair to the larger states • They were expected to contribute more tax money but only had one vote

21. USA Constitution Constitutional Convention in Philadelphia (1787) • Organised at the initiative of Virginia • Aim: to amend the Articles • Main concern: the division of powers between the states and thenation, i.e. delegationofpowersbythestates to the national/central government

22. USA Constitution • Two main agendas proposed for the improvement of the Articles of Confederation: • The Virginia Plan (by James Madison) • The New Jersey Plan (by William Paterson)

23. USA Constitution • The Virginia Plan (‘Large State Plan’) : • bicameral legislature (House and Senate) – both with proportional representation • lower house elected by the people, upper by the lower • executive selected by the legislature • judiciary with life-term appointments, also appointed by the legislature

24. USA Constitution • The New Jersey Plan (‘Small State Plan’) • opposed to proportional representation, as it would give more power to larger states • proposed a unicameral legislature with one vote per state (equalrepresentation)

25. USA Constitution • The Great Compromise (‘the Connecticut Compromise’): • The Virginia Plan was amended so that the House of Representatives would remain the house with proportional representation, while the Senate would be structured according to the New Jersey Plan

26. USA Constitution • Constitution of the United States of America, adopted on 17 September 1787 • Ratified by all 13 colonies between 1787 and 1790 • the new government, structured under the new Constitution, constituted after the ratification by a majority of nine states (as required by the Articles of Confederation) in 1789

27. USA Constitution • The original Constitution featured 7 articles • It has since received 27 amendments, the first 10 of which are known as the Bill of Rights • The US Constitution inspired by the ideas of the separation of powers, but also by the British experience of mixed government (some issues decided by the people, some by a selected group) • The system of ‘checks and balances’ between the branches of power

28. USA Constitution • The articles of the Constitution deal with the following areas: • legislative power, • executive power, • judicial power, • states’ powers and limits, • amendments, • federal powers, and • ratification

29. USA Constitution • The Bill of Rights adds provisions regarding issues such as: • freedom of religion, • freedom of speech, • freedom of press, • freedom of assembly; • the right to bear arms, • the right to a jury trial, • the Miranda rights (rights of the accused), etc.

30. Division of powers Exclusively national powers: • coining money • defense • foreign relations Concurrent powers(exercised at both state and national levels) • levying taxes • regulation of commerce

31. Division of powers State powers • The Tenth Amendment provides that any powers not delegated to the United States, and not prohibited to be exercised by the States, are reserved for the States and the people • i.e. states can exercise any legal powers and legislate in any areas not reserved for the United States (i.e. the national level), provided they are not in conflict with the Constitution and/or federal laws

32. Legislative Power in the United States

33. Legislative power in the US • Federal (national) level: • The United States Congress • enacts federal laws • State level: • State legislatures (a.k.a. General Assembly, Legislative Assembly, etc.) • enact state laws within their competence

34. United States Congress • The Congress convenes in the US Capitol in Washington DC (535 congressmen) • House of Representatives (435 representatives) – proportional representation • Senate (100 senators) – two senators per state • all congressmen chosen in direct election

35. United States Congress • Federal legislative body – consent of both houses required to enact bills • Powers: • financial and budgetary matters, • collecting federal tax, • national defense (declaring war), • establishing federal courts under the Supreme Court, • admission of new states to the union, • regulation of commerce between states and with other countries, • supervision of the executive (investigation, impeachment and removal of the President, federal judges and other federal officers), • appointment of members of the Cabinet and judges (on the President’s proposal)

36. United States Congress • Each house has some reserved powers: • House of Representatives: proposing bills on tax collection, power of impeachment of federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors“ • Senate: ratification of treaties, top presidentialappointments (confirmationofpresidentialnominations for top federaloffices), trying cases of impeachment

37. United States Congress • Impeachment • a simple majority in the House is required to impeach an official • a two-thirds majority in the Senate is required for conviction • a convicted official automatically removed from office • in addition, the Senate may stipulate that the defendant be banned from holding office in the future.

38. The Executive (the USA) • Executive power in the USA lies in the hands of the President of the United States • Responsible for implementing laws enacted by Congress • The Cabinet – heads of 15 executive departments (14 Secretaries and Attorney General – head of the Department of Justice) • Advisory body assisting the President

39. Discuss the following vocabulary items! federal powers state powers parliamentary representation to impose taxes to levy taxes sovereignty confederation federation proportionalrepresentation Bill of Rights checks and balances delegated powers reserved powers to exercise powers congressman representative senator impeachment ratification

40. Revision of the last session American Federalism

41. Revision – American Federalism What is the political organisation of the USA? Why did the British colonies want independence? What were the products of the Second Continental Congress? Why wasn't the confederal government effective? What was the main complaint of the larger states? What were the contents of the Virginia and New Jersey plans and where were they presented?

42. Revision – American Federalism What do you know about the US Constitution/Bill of Rights? How are powers divided between the nation and the states? What is the federal legislature of the US? How is it constituted? What are the reserved powers of the houses? Who holds the executive power in the USA? Are they involved in the legislative process?

43. Revision for the mid-term exam

44. purpose – conduct – impose – neglect – infraction – conform – enforce – coercion COMPLETE USING THE WORDS ABOVE • _______ is another word for duress, which means forcing someone to do something. • Law is a system of rules with a certain social _______. • Failure to _______ to the law may lead to penalties. • When you break the law, this is called a(n) _______. • The legislature enacts laws and the courts _______ them. • Laws are _______ by governments. They also reserve the right to punish _______ which can be interpreted as _______, which means disregard, or violation of the law.

45. purpose – conduct – impose – neglect – infraction – conform – enforce – coercion COMPLETE USING THE WORDS ABOVE • COERCION is another word for duress, which means forcing someone to do something. • Law is a system of rules with a certain social PURPOSE. • Failure to CONFORM to the law may lead to penalties. • When you break the law, this is called a(n) INFRACTION. • The legislature enacts laws and the courts ENFORCE them. • Laws are IMPOSED by governments. They also reserve the right to punish CONDUCT which can be interpreted as NEGLECT, which means disregard, or violation of the law.

46. common – remedy – source – precedent – enacttreaty – substantive – extradition COMPLETE USING THE WORDS ABOVE • _______ is a matterofinternationalcriminallaw. • Equityprovides alternative legal _______ to thoseof_______-lawcourts. • _______ law is theoppositeofprocedural (adjectival) law. • Commonlawcanrefer to the legal system or only one offour _______ ofEnglishlaw. • Signinginternational _______ is a matterofinternationalpubliclaw. • TheEnglishlawincludeslawsbased on customs, judicial _______ andlaws _______ byParliament.

47. common – remedy – source – precedent – enacttreaty – substantive – extradition COMPLETE USING THE WORDS ABOVE • EXTRADITION is a matterofinternationalcriminallaw. • Equityprovides alternative legal REMEDIES to thoseofCOMMON-lawcourts. • SUBSTANTIVE law is theoppositeofprocedural (adjectival) law. • Commonlawcanrefer to the legal system or only one offour SOURCES ofEnglishlaw. • Signinginternational TREATIES is a matterofinternationalpubliclaw. • TheEnglishlawincludeslawsbased on customs, judicial PRECEDENTS andlaws ENACTED byParliament.

48. Translate the following paragraph The division between public and private law is considered very important in English law. Generally speaking, private law includes those areas of law involving private citizens, while public law is that area of law in which the state has a direct interest. Thus public law is generally considered to consist of administrative and constitutional law. Revenue law and criminal law might be added to this. But still there remains some ambiguity, as for example in the case of an ordinary civil action (breach of contract) against a public authority.

49. Translation (example) Podjela na javno i privatno pravo smatra se vrlo važnom u engleskom pravu. Općenito govoreći, privatno pravo uključuje ona područja prava koja se tiču privatnih osoba, dok je javno pravo područje prava u kojem država ima izravan interes. Stoga se općenito smatra da javno pravo uključuje upravno i ustavno pravo. Tu možemo dodati porezno i kazneno pravo. No još uvijek postoje nejasnoće, kao u primjeru obične građanske parnice (kršenja ugovora) pokrenute protiv javnog tijela.

50. Translate the following terms • Publicauthority • Precedent • Bill • Negligence • Defamation • Claim • Company law • Indictable offence