English_for_Lawyers_2011

UNIT 2. Judiciary in the UK and USA. Section 2. Judicial System in the UK

and there is no jury. District Judges are barristers or solicitors of 5 years’ general practice. Deputy District Judges, i.e. practising solicitors or barristers, can sit as part-time judges in Magistrates’ and County Courts.

The County Courts are courts of purely civil jurisdiction. They are local courts and deal mostly with certain kinds of actions concerning land. Most matters are decided by a District Judge or Circuit Judge sitting alone. Civil cases (with some exceptions, e.g. in some actions against the police) do not have juries. Judges in the County Courts are either former barristers or solicitors.

The independent Judicial Appointment Commission selects candidates for judges, who are appointed on behalf of the Monarch.

II.DEVELOPMENT

1.Find in the text the information on:

a)courts of appellate jurisdiction;

b)courts of original jurisdiction;

c)courts of both original and appellate jurisdiction;

d)judges and their appointment.

2.Draw up a diagram, which shows the hierarchy and jurisdiction of the courts in England and Wales. Start with the highest court in the country.

3.Complete the table with the information from the text and rearrange it from superior to inferior judges. Pay attention that some types of judges may sit in different types of courts.

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PART III. Judicial Systems and Law Enforcement Bodies

4. Fill the gaps of the text with suitable words and entitle it. The first and sometimes the last letters of the missing words are given.

The Courts of Northern Ireland are c…l and c…l courts responsible for the administration of j…e in Northern Ireland.

The UK Supreme Court is the h…t court of appeal. The Supreme C… of Judicature (відправлення правосуддя) is the most superior court of N…n I…d. It c…s of the following courts: the Court of Appeal, the High Court, and the Crown Court.

The Court of A… is the highest court of Northern Ireland. It hears a…s from the lower courts and tribunals.

The H… Court, like its English equivalent, consists of the Queen’s Bench, F…y and Chancery Divisions.

The Crown Court h… more serious criminal cases.

The County Courts are the main c…l courts. They hear different civil c…s and appeals from m…s’ courts.

Magistrates’ Courts (including Youth Courts and Family Proceedings Courts) hear less serious c…l cases.

5.Arrange the following sentences logically to make up the paragraph on the courts in Scotland.

1)The Court of Session is the supreme civil court and both a court of first instance and a court of appeal.

2)District Courts sitting in each local area handle less serious criminal

cases.

3)The High Court of Justiciary is the supreme criminal court and both a court of the first instance and a court of appeal.

4)The Sherriff Court is the other civil court.

5)The UK Supreme Court is the highest civil court of appeal in Scotland.

6)The Sherriff Court is the main criminal court.

7) The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice.

6.Read the definitions and put the letters in order to make up the words connected with the English judicial system.

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UNIT 2. Judiciary in the UK and USA. Section 2. Judicial System in the UK

7.Choose any two types of the UK courts and compare them. Use information from the table and the text. The following words

and phrases will help you:

As compared with, unlike, neither of, both, both…and, the same is true of…

8. Translate the following into English:

Верховний Суд України є найвищим судовим органом у системі судів загальної юрисдикції. Він здійснює правосуддя, забезпечує однакове застосування законодавства всіма судами загальної юрисдикції.

Верховний Суд України здійснює такі повноваження:

1)розглядає в касаційному порядку рішення загальних судів у справах, віднесених до його підсудності процесуальним законом;

2)переглядає в порядку повторної касації всі інші справи, розглянуті судами загальної юрисдикції в касаційному порядку;

3)як суд першої інстанції в окремих випадках розглядає справи, пов’язані з винятковими обставинами;

4)дає судам роз’яснення з питань застосування законодавства на основі узагальнення судової практики та аналізу судової статистики;

5)веде та аналізує судову статистику, вивчає та узагальнює судову практику, знайомиться в судах з практикою застосування законодавства та ін.

III.PRACTICE AND EXPERIENCE

1.Use the diagram in exercise 2 from DEVELOPMENT to speak about the judicial system in England and Wales.

2.Compare the judicial system of the USA and that of England and Wales. Make up a plan. At first find all similar points and then the different ones.

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3.Explain the difference between a magistrate and a judge.

4.Mrs George is a witness to the robbery. The judge is questioning her. Complete the dialogue with the answers given below.

Judge: Now, Mrs George, you saw the shop robbery, didn’t you? Mrs George: Yes, I did.

–Did you see a man?

–Can you see that man in the courtroom?

–Was he alone when he went into the shop?

–Look around the court. Can you see that woman?

–Now look at the man and woman again. This is very important. Are you absolutely sure about them?

–Mrs George, what was the man wearing when he went into the

shop?

–Look at the bags on the table. Can you see it?

–Do you remember anything about the woman?

–How do you know that it was a wig?

–Which of the wigs on the table?

–Thank you, Mrs George.

Mrs George’s answers:

–Yes. A red coat and a blond wig.

–Yes, that’s the man I saw.

–Absolutely.

–I don’t remember everything… but I remember his grey coat and a large black bag.

–That’s right. I saw him when he came into the shop and when he came out.

–On the left, with short blond curly hair.

–Yes, that woman over there.

–It fell off when she was running to the car.

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UNIT 2. Judiciary in the UK and USA. Section 2. Judicial System in the UK

–No, he was with a woman.

–The large black bag with the golden inscription.

Why does the judge ask such detailed questions?

Now speak about the case as 1) a judge; 2) Mrs George 3) one of the robbers.

IV. WRITING

1.Prepare a report on the route of a criminal or civil case from the lowest court to the highest one in the UK.

V. OVER TO YOU

1.Use the clues on the left to complete the words on the right.

1)Senior official in a court of law. _ u_ _ e

4)A panel of twelve people who decide

whether the accused committed a crime. _ _ _ y

5)Untrained lawyer who presides over the

2.Read the definitions and write the words in the grid to find the mystery word.

1)A member of a jury;

2)The place where a trial is held;

3)The chief official in control of a court of law;

4)The right to use an official power to make legal decisions, or the area where this right exists;

5)An official decision made in a court of law, especially about whether someone is guilty of a crime or how a death happened;

6)Relating to law, judges or their system;

7)A formal request to a court or someone in authority asking for a decision to be changed;

8)A legal process in which a judge and often a jury examine information to decide whether a person is guilty of a crime;

9)A person who has a certificate in law.

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Unit 3. Lawyer. Section 1. Defence Lawyer in Ukraine

Unit 3. Lawyer

Section 1. Defence Lawyer in Ukraine

І. WARMING-UP

1. Read the statement and discuss the questions it leads to. Pay attention to the italicized words.

“Advocacy is a condition as ancient as a magistrature, as majestic as fairness, as necessary as justice”. ( Dagesso)

1.What do you know about the institution of advocacy and its development?

2.What is it called upon?

3.What is the main task of a lawyer?

2.Study the mind map to learn words denoting the profession of a lawyer in different countries.

avocat (France)

TEXT 1

Read the text to understand what information on the lawyer’s profession is of primary importance or new for you.

THE LAWYER

The word “advocacy” origins from the Latin words “advocare”, “advocatus” which mean “to call upon”, “invited”. In ancient Rome the term “advocate” denoted the plaintiff ’s relatives and friends who accompanied

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PART III. Judicial Systems and Law Enforcement Bodies

him to the court, gave him advice and supported him. Later the term was used to name the persons assisting a plaintiff to prepare documents and to plead a case.

A lawyer is a general term to denote a person trained and licensed to prepare, manage, and either prosecute or defend a court action as an agent for another.

The lawyers’ activity in Ukraine is provided for by the Law on Advocacy (Bar).

Lawyers of Ukraine perform various functions. A lawyer may act as a defence counsel during pre-trial investigation and in court, representing interests of the plaintiff and the defendant in civil and criminal cases. In a civil case, lawyers can work for the parties involved in the suit, representing either the plaintiff ( the party bringing the suit) or the defendant ( the party being sued). They take an active part in legal proceedings on housing, labour, property and other disputes, representing interests of their clients. At the request of the clients they draw up applications, complaints and other legal documents.

The lawyer has duties at various stages in the criminal process. The lawyer’s first and foremost duty in the proceedings is to facilitate the protection of the rights and freedoms of the accused. This includes informing the client of the rights guaranteed by law and determining what procedural steps should be taken to ensure those rights.

The lawyer investigates the circumstances of the case by securing information held by the prosecutor or police and interviewing witnesses. On completing an investigation, the defence lawyer advises the accused on all aspects of the case. During the trial, the lawyer and the prosecutor perform essentially the same duties: presentation of evidence and examination of witnesses. At the end of the court hearing he pronounces his speech for the defence. While discharging numerous and complicated duties, lawyers fulfill roles of an advocate and a spokesperson of an accused. An accused is presumed innocent until his guilt is proven in a court. Even if an accused admits guilt, the person is still entitled to the full protection of the law, that is, representation of a lawyer. The lawyer provides legal assistance to citizens or legal persons explaining the risks and benefits of alternative courses of action.

Lawyers cannot work in court, Prosecutor’s Office, notary bodies, Ministry of the Interior and Security Service of Ukraine.

Lawyers may work individually, open law offices, join into associations and firms. The voluntary professional association of lawyers in Ukraine is the Ukrainian Bar Association.

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Unit 3. Lawyer. Section 1. Defence Lawyer in Ukraine

II.COMPREHENSION

1.A. Give the definitions for the following terms and expressions or explain in other words:

1.lawyer

2.bar

3.defendant

4.witness

5.plaintiff

B. Answer the following questions using the information from the text:

1. What is the origin of the term “advocate”?

3. What does the word “lawyer” mean?

4. What are the main functions of a lawyer?

5. Whose interests does a lawyer represent in a civil case?

6. Whose interests does a lawyer represent in a criminal case? 7. What functions does a lawyer perform in a courtroom?

8. What professional duties does a lawyer discharge?

9. What activity is incompatible with the lawyer’s status?

2.Complete the following sentences according to the information from the text:

1.A lawyer is………………………………………………………..

2.The lawyer’s activity is …………………………………………...

3.A lawyer may act………………………………………………….

4.During the trial a lawyer ………………………………………...

5.Lawyers provide ………………………………………………....

6.At the end of the court hearing a lawyer ……………………….

3. Match the following legal terms with their definitions:

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PART III. Judicial Systems and Law Enforcement Bodies

III. VOCABULARY STUDY

1.Study the word families of the following words. Mark the meaning in which they are used in the text. Give their Ukrainian equivalents, compose your own sentences.

lawyer

1)a member of the legal profession;

2)advocate, barrister, solicitor.

bar

1)a barrier in a law court, separating the part where the business is carried on from the part for spectators;

2)a place where drinks are served;

3)profession of a barrister;

4)a collective term for all barristers( in the US all lawyers).

case

1)state of affairs;

2)any proceeding, action, lawsuit;

3)a box and its contents.

office

1)public position of authority;

2)room used as a place for business;

3)buildings of government department.

2.Complete the sentences with the words of the active vocabulary:

1. Equal rights are guaranteed to …………with the other participants

of the judicial proceeding.

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