3 Unit 3 People in Law Cases in Great Britain 3.1 Types of Legal Professions 3.1.1 Find the following words and phases in a monolingual dictionary or give your own interpretation: to make a will, juror, to chose at random, magistrate, unpaid, respectable people, coroner, clerk 3.1.2 Find the following words and phrases in the text and make a note of where they occur: to prepare legal documents, to wear wigs and gowns, Electoral Register, to inquire into unnatural death, to look after administrative matters 3.1.3 Read the text and give a summary of it 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.
They are found in every town, where they deal with the day-to-day 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.
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 proceeding. 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 are 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 have medical or legal training (or both), and inquire into violent or unnatural deaths.
Clerks of the court look after administrative and legal matters in the courtroom.
3.1.4 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 decission on issues of 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 issues and speaks for them in lower law courts.
3.1.5 Skim the following text and make a summary of it Solicitors and Barristers England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyer are solicitors and barristers.
If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. 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 dealts with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest 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 divorce or 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 will the best man to advise you is a solicitor.
To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him whilst studying part time for the "Law Society" exams. Interestingly enough, it is not necessary for you to go to university. When you have passed all the necessary exams, you can "practice", which means you can starta business on your own.
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 representation in any Court except the Magistrates' Court, you must have a barrister, with one or two exceptions.
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 all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. In many ways the remoteness they and the job they have do are medieval in conception.
To qualify as a barrister you have to take the examinations of the Bar Council.
These are different from solicitors' examinations. There are over 5,000 barristers in England. A good one can earn 30,000 pounds a year. Only barristers can became judges in an English Court above a Magistrates' Court.
Barristers are also found in South Africa and New South Wales (Australia).
3.1.6 Answer the questions 1 What is almost unique about the English legal system 2 What kind of problems does a solicitor deal with 3 How do you qualify as a solicitor 4 What are barristers experts in 5 When must you have a barrister 6 What reasons are there for saying a barrister is rather remote 7 How do you qualify as a barrister 3.1.7 Prepare a list of eight-ten questions to ask about the text “Judges in Great Britain”. Be ready to interview the students in your group 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.
3.1.8 Read the following text and find out what people help the lawyers and the judge during the trial Courtroom Personnel In addition to the lawyers and the judge, three other people will play an important role in the trial. The court reporter, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The clerk, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The bailiff helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.
3.1.9 With a partner write a dialogue to illustrate the topic "Legal Professions in Britain". Dramatise it 4 Unit 4 Attorneys in the USA 4.1 Read the following text and translate it Growth of the Profession Today, the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for 364 people. Twenty-five years ago, there was one lawyer for every people. The rate at which the legal profession is growing will probably continue to outpace rate population growth through the end of the century.
Why is a career in law so popular Market forces account for some of the allure.
We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards.
There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services. Materialism and individualism in American culture encourage dispute. Federalism gives separate legal systems for each state plus the national government. Advertising can now create demand for legal services, too.
Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the government. The expression of group demands in a culture that encourages lawsuits thrusts on the courts all manner of disputes and interests. Is it any wonder that America needs all the lawyers it can train 4.1.2 Find in the text the English equivalents for the words below:
- адвокатская практика;
- уровень роста населения;
- средняя заработная плата;
- опытные юристы;
- система сдержек и противовесов;
- оставить спорные вопросы на рассмотрение суда;
- создать спрос на что-либо.
4.1.3 Answer the questions 1 Why is the number of lawyers in the US increasing 2 What factors create demand for legal services 4.2 Read the text US Attorneys The Justice Department is responsible for faithful execution of the laws under the president's authority. The main administrators of federal law enforcement are the ninetyfour US attorneys, appointed by the president with the advice and consent of the Senate.
Unlike federal judges, these appointees serve at the pleasure of the president and are expected to relinquish their positions when the reins of government change hands.
There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount of litigation in the district. US attorneys have considerable discretion, which makes them powerful political figures in any community.
Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district.
US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the Southern District of New York (covering a large portion of the New York metropolitan area). Over the next five years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized crime figures, and Wall Street inside traders. Giuliani's activities generated reels and reams of favourable press coverage, he even appeared on a Newsweek cover. This kind of public exposure can help a US attorney launch a successful career in elected office. As a powerful prosecutor or potential opponent, Giuliani's name must make some politicians shudder.
4.2.1 Paraphrase the following expressions a) faithful execution of laws;
b) under somebody's authority;
e) to relinquish;
f) amount of litigation;
g) to prosecute;
h) elected office;
i) inside traders;
j) press coverage;
k) to harbour political ambitions;
l) to launch a career.
4.2.2 Answer the questions 1 What is an attorney in the US How is he appointed 2 When does an attorney resign 3 What does the number of assistant attorneys in federal judicial districts depend on 4 What makes attorneys so important in American communities 5 How do attorneys in the US realize their political ambitions 6 What example in the text proves that US attorneys harbour political ambitions 4.2.3 Work in pairs. Discuss the difference between the American and British lawyers 5 Unit 5 The Legal Foundation for a Business 5.1 Read the text, consult the vocabulary notes it that follow The Firm and its Attorney (1) With the advent of increased government regulation, business have become more apt to call upon lawyers to assist them through the “red tape”. In the past a business usually did not contact lawyers until a problem arose, for example when it was sued or when a distributor would not pay an outstanding debt. However, more and more businesses are concerned with preventive law, attempts to avoid the unfavorable consequences that accompany uniform business practices. Business managers today have a more ongoing relationship with the lawyers than they had in the past thus need to know exactly how lawyers function.
(2) Lawyers have a common base of training: law school. In law school a lawyer receives generalized training enabling him or her to adapt to a wide range of tasks. The average person thinks lawyers know the law. It is more accurate however, to say that lawyers are generally versed in an array of legal principles and they know how to find the relevant law to apply it to particular circumstances. It is this general training and ability that equip a lawyer for various specialized tasks.
Counselor (3) The lawyer practices preventive law by counseling the business client. Wise counsel can avoid a host of problems; for example, advising a corporation regarding the legal consequences of a merger might avert potential antitrust problems. As a counselor, the business lawyer must be imaginative and perceive the range of alternative courses of action and foresee the probable legal consequences that attach to each. To do this the business lawyer must be versed the multidimensional operations and of the business firm.
Investigator (4) The role of investigator is often preliminary to the role of counselor or advocate. The lawyer needs to accumulate potentially useful information and the to extract the data pertinent to the particular task. This takes cooperation with the business client who knows the intrafirm operations and where to find specific documents. During the course of the investigation the attorney may uncover damaging information or even evidence of criminal activity. The attorney owes an allegiance to the client. Although an attorney is deemed an officer of the court and cannot counsel a client to participate in illegal activities, nonetheless the canons of ethics, as constituted at present, do not require the attorney to “blow the whistle”.
Drafter (5) The business lawyer drafts documents for the firm. Contracts, deeds, corporate instruments, and securities registration statements are just a few of the documents that are commonly prepared by lawyers. Good drafting is important to avoid adverse consequences. In this respect drafting is a form of preventive law.
Negotiator (6) The lawyer possesses negotiating skills. The role of the negotiator is akin to that of the advocate. The lawyer presents the client’s strongest arguments in order to achieve the best result possible. Negotiation may be necessitated by a dispute with a regulatory agency, another business, or the customer. Successful negotiation resulting in a settlement often avoids costly suits, work stoppages, and other undesirable economic consequences.
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