Types of Legal Professions: Great Britain

МІНІСТЕРСТВО ОСВІТИ І НАУКИ УКРАЇНИ

ДОНЕЦЬКИЙ НАЦІОНАЛЬНИЙ УНІВЕРСИТЕТ

ФАКУЛЬТЕТ ІНОЗЕМНИХ МОВ

КАФЕДРА АНГЛІЙСЬКОЇ МОВИ ДЛЯ ЕКОНОМІЧНИХ СПЕЦІАЛЬНОСТЕЙ

Навчальні матеріали з англійської мови

до модулів:

№ 1 “LAW AND ORDER”

№ 2 “BUSINESS LAW”

 № 3 “CRIME AND PUNISHMENT”

№ 4 “CONSTITUTION AND LAW”

для студентів 1 курсу денної форми навчання напряму підготовки „Правознавство”

(6 видання перероблене та виправлене)

ДОНЕЦЬК

2013
Навчальні матеріали з англійської мови до модулів: № 1 “LAW AND ORDER”, № 2 “BUSINESS LAW”, № 3 “CRIME AND PUNISHMENT”, № 4 “ CONSTITUTION AND LAW ” для студентів 1 курсу денної форми навчання напряму підготовки „Правознавство” (6 видання перероблене та виправлене ) – Донецьк. ДонНУ, 2013. – 162 с.

Укладачі: Мохосоева М.Н., ст. викл., к.ф.н.
Ожерельєва В.О., ст. викл.

             Просалова Я.В., ст. викл., к.ф.н.

Рецензент: доц. Бакаєва Г.Є., зав.кафедри англійської мови з економічних спеціальностей.

Затверджено на засіданні кафедри англійської мови з економічних спеціальностей. Протокол № 1 від 29.08.2013.

Містить навчальні матеріали до модулів № 1 “ Law and Order ”,  № 2 “Business Law ”, № 3 “Crime and Punishment” і № 4 “ Constitution and Law ”. Рекомендовано студентам 1 курсу денного відділення напряму підготовки 6.030401 „Правознавство” зі вхідним рівнем А2-В1 володіння англійською мовою згідно класифікації Ради Європи.


Module 1

LAW AND ORDER

Assessment

Participation in class activities 5
Current grammar tests 10
Module test 25
Individual task 10

 

The legal profession

Warming-up

1. Why did you make up your mind to become a lawyer?

2. Did anybody advice you to choose a career?

3. What is the most attractive thing in the legal profession: salary, protection of society and individuals, prestige ?

Read the text about the main types of legal professions.

THE LEGAL PROFESSION

Although many kinds of people working in or studying legalaffairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained.

Most countries have different groups of lawyers who each takes a particular kind of examination in order to qualify to do particular jobs. In Japan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge. In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Solicitors have also a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister to argue their client's case. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigationsand preparing documents.

If a person has a legal problem, he will go and see a solicitor. In fact there are at least 50,000 solicitors in Britain, and the number is increasing.

Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with pettycrimes and some matrimonial matters in Magistrates' Courts. He prepares the case and the evidence. He actually speaks in Court for you.

In a civil action he can speak in the County Court, when the case is one of divorceor recovering some debts.In the County Court the solicitor wears a black gown over his ordinary clothes.

A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a willthe best man to advise you is a solicitor.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy(the art of presenting cases in Court). Indeed, if you desire representationin any Court except the Magistrates' Court, you must have a barrister.

Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers often in London. They belong to the institutions called Inns of Court, which are ancient organizations rather like exclusive clubs.

In the USA the Justice Department is responsible for the faithful execution of the laws under the President’s authority. The main administrators of federal law enforcement are the ninety four U.S. attorneys, who are appointed by the President with the advice and consent of the Senate. There is a U.S. attorney in each federal judicial district. Their stuffs of assistant attorneys vary in size with the amount of litigationin the district. U.S. attorneys have considerable discretion,which makes them powerful political figures. Their decision to prosecuteor not affects the wealth, freedom, rights, and reputation of the individuals and organizations in the district.

Public prosecutor–прокурор

judge–cудья

legal (adj) - юридический, правовой; законный, легальный

matter (n) - вопрос, дело

gain (v) - получать, приобретать

specialize (v) - специализироваться, (in) - специализироваться в чем-либо

barrister–адвокат

solicitor-поверенный, стряпчий, ходатай

audience (n) - публика, зрители, слушатели, аудитория

to give advice (to) - давать совет кому-либо

advise (v) - советовать

investigation (n) - расследование, следствие

petty (adj) - мелкий, незначительный

matrimonial (adj) - супружеский

evidence (n) - доказательство

divorce (n) - развод

to recover debts - возвращать долги/возмещать убытки

to make a will - составить завещание

advocacy (n) - 1. защита; 2. адвокатура, деятельность адвоката representation (n) - представление (чьих-либо интересов, прав)

in Court - в суде

chambers - адвокатская контора

(the) Inns of Court - юридические корпорации, готовящие адвокатов (четыре крупнейшие корпорации: the Inner Temple, the Middle Temple, Lincoln's Inn, Gray's Inn)

execution (n) - 1. выполнение; 2. приведение в исполнение (решения суда); 3. оформление формальностей/документов

authority (n) - власть, полномочие

US attorney - прокурор округа (в США)

litigation (n) - тяжба, судебный процесс

discretion (n) - свобода действий

prosecute (v) - 1. преследовать судебным порядком; 2. выступать в качестве обвинителя

Exercises

1. Read the text again to find out if the following statements are true or false.

1. Barristers are paid directly by clients.

2. Solicitors can present cases in lower courts.

3. The number of British solicitors is growing.

4. The Justice Department of the USA is responsible for the effective work of the police.

5. US attorneys are very influential people.

2. According to the text which of the following points completes the sentence best?

1. In Japan a lawyer must………………….

a) take lots of examinations;

b) take one final examination;

c) choose the examination according to his future law career

2. In England the decision of a law student is between becoming………………..

a) a barrister or a solicitor

b) a barrister or a judge;

c) a solicitor or a prosecutor

3. The solicitor usually deals with ……………………

a) petty crimes and matrimonial matters;

b) arguing cases;

c) presenting cases in any court

4. Barristers specialize in………………

a) arguing cases in front of a judge and representation in Magistrates’ Courts;

b) advocacy;

c) employing solicitors

5. US attorneys are……………..

a) the President’s assistants;

b) appointed by the President;

c) elected by people or by the members of the Senate

3. Match the following statements with a particular (British or American) law system.

1. Next week Mr. Richardson presents our case in the County Court.

2. Everybody is shocked: the Senate hasn’t approved the President’s decision to appoint Mr. John Brian Star the fifteenth federal district’s attorney.

3. This chamber is situated in 45 Oxford Street.

4. The Inns of Court are as respectable as exclusive clubs.

4. Find in the text words and phrases with the following meanings

1) connected with the law, required by the law;

2) gathering of persons for the purpose of hearing a speaker, etc.;

3) crimes which are not serious;

4) an English lawyer who specialize in arguing cases and representation in any court;

5) legal ending of a marriage;

6) an English lawyer who gives advice to clients, investigates, prepares documents;

7) support of a client in a Court;

8) the carrying out a piece of work;

9) power or right to give orders;

10) US lawyers having the right to prosecute

5. Replace the parts in a bold type by the words from the text.

1. This affair requires experience and hard work.

2. What an unscrupulous person he is: he doesn’t want to get back my money.

3. Who is responsible for the inquiry?

4. Could you recommend me what barrister to choose?

5. He is not an attorney and has no freedom to decide on the case.

6. What reasons to suspect him of robbery have you got?

7. Being a professional lawyer means obtaining professional experience.

6. Give the English equivalents for the following:

- специализироваться в гражданском праве

- приобретать опыт работы

-  внимательная публика

- давать советы по составлению завещания

- вести следствие

- возмещение убытков

- супружеский

- иметь дело с представлением интересов клиента в суде

- сложный судебный процесс

- право преследовать судебным порядком

- иметь доказательства

7. Replace the underlined nouns in the singular form by the plural one. Is this replacement always possible? What nouns are uncountable?

1. There wasn’t enough evidence to prove him guilty.

2. You should take legal advice before start divorce proceedings.

3. This is a matter I know little about.

4. If I pay this debt I shall have no money left.

5. A barrister is specialized in arguing cases in front of a judge.

6. A solicitor deals with petty crimes.

7. What does a US attorney do to affect the wealth, rights, freedom &
reputation of the individuals?

Types of Legal Professions: Great Britain

Read this classification.

Solicitors

There are about 50,000 solicitors, a number which is rapidly increasing, and they make up by far the largest branch of the legal profession in England and Wales. Solicitors are important figures in the British legal system. They are found in every town, where they deal with all the day-to­day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates' court. It is their job to advise you on legal matters of all kinds. If you get into trouble with the police you will probably ask a solicitor to help prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you.

Barristers

There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).

Judges

There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.

Jury

A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

Magistrates

There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.

Coroners

Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.

Clerks of the court

Clerks look after administrative and legal matters in the courtroom.

1. Choose the correct definition for each legal profession mentioned in the text.

(a) an officer acting as a judge in the lower courts.

(b) a public official with authority to hear and decide cases in a law court.

(c) a group of people who swear to give a true decision on issues in a law court.   

(d) an official who investigates the cause of any death thought to be violent or unnatural causes.

(e) a lawyer who has the right to speak and argue in higher law courts.

(f) a lawyer who prepares legal documents, advises clients on legal and speaks for them in lower law courts.

2. Complete the following text choosing from the words in the box:

prosecutor magistrates jury bench clerk judiciary barristers recorders judges

The ____________are perhaps the most prominent amongst those involved in running the court. The largest group of____________are____________, ordinary citizens who are not legal professionals but are appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of three (as a '____________'). Magistrates sit with a legally qualified____________, who can advise on points of law. A case is presented by the____________, who takes over the case from the police who have already charged the defendant (or accused) with specified crimes.

In the upper courts, the judges are almost all former ____________. But many cases are also heard by____________ - part-time barristers from private practice. The Crown Court ____________consists of 12 persons, aged 18 to 70.

Judges in Great Britain

Read the following text and answer the questions.

In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.

A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.

1. What kind of people are Magistrates?

2. Why are they selected?

3. Who would judge a person who had committed a crime like murder?

4. Who selects Magistrates and what is unusual about the system?

3. Work in pairs. Discuss the following.

"Criminals should be punished." How do you feel about that?

4. Combine the following pairs of sentences into one according to the model.

EXAMPLE: We had a case. A woman stole a post office savings book.

 We had a case of a woman who stole a post office savings book.

a) We had a case. Someone attacked a man.

b) I remember having a case. Three men broke into a house.

c) I've never had a case. A man robbed a bank.

d) A colleague had a case. A young boy took a motor cycle.

ENTERING THE PROFESSION

What do usually lawyers do? Can you answer at once? If you can’t read the text below and say whether the list of lawyers’ functions is complete.