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6. Make up word-combinations; mind the prepositions:

the matter

to

the task

to outline

with

the barrister

to be derived

at

issue

access

of

the profession

Inns

from

the court

review

in

the public

pupilage

-

coloured ribbon

Master

Court

to be tied up

chambers

two branches

the Rolls

right

the instructions

to accept instruction directly

access

7. Answer the following questions:

    1. Why is the legal system in Great Britain not uniform? 2. What are the two branches of the legal profession in England and Wales? 3. Is the subdivision between the two branches of the legal profession in England and Wales strict? 4. What branch of the legal profession had the access to the courts in the 19th century? 5. Who had the right to deal directly with the public? 6. What was the traditional form of the instructions? 7. How long should a person study to become an experienced barrister? 8. Should a person who wants to become a solicitor study as long as a person who wants to become a barrister? 9. What are the functions of the “benchers” and the Masters of the Rolls? 10. What changes have been made recently concerning the right of access? 11. What was changed in 2004 and why?

A – 2

1. Read the following words and proper names; mind their pronunciation:

client [klant], majority [mdrt], excellent [ekslnt], quality [kwlt];

Scotland [skotlnd], Scottish [skt], Wales [welz].

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

system, separate, legal, advocate, to instruct, client, professional, mediator, arbitration, expert, faculty, procedure, administrative, office, model, parliament, consultation.

3. Analyse the structure of the following words:

self-employed, consultant, to specialise, preparation, presentation, directly, adviser, typically, independent, partnership, majority, networking, elsewhere, arrangement, substantially.

3. Skim the text and state the differences between the legal systems of England and Wales on the one hand and Scotland on the other hand:

Are there differences in:

- functions

- education

- professional bodies

- structure of the law firms

- clothes

- attitude to clients

- terminology

- professional examinations?

Put down the facts.

LEGAL PROFESSION IN SCOTLAND

Scotland’s legal system is separate from those of England and Wales but the Scottish legal profession is similarly divided into two branches - advocates and solicitors. Advocates (also known as counsel) are self-employed legal consultants who specialize in the preparation and presentation of cases and in giving legal advice. It is important to note that they are not directly instructed by lay clients but by the lay client's professional adviser. Advocates also act as mediators, in arbitrations, and as expert witnesses on Scottish law. The functions of advocates in Scotland are very similar to the functions of barristers in England and Wales.

The professional body of advocates in Scotland is not the Inns of Courts. It is the Faculty of Advocates1. There are about 470 advocates in practice in Scotland. About one-fifth are QCs (Queen's Counsel, silks, or senior counsel), who are typically appointed after not less than about thirteen years in practice. Every advocate is entirely independent; although for administrative purposes counsels are organized in groups known as “stables”2, advocates are not in any sense in partnership with each other.

The other 95% of lawyers in Scotland are solicitors; they are the first point of contact for most lay clients and, in the vast majority of cases, indeed, the only one. Their professional body is the Law Society of Scotland. Advocates in Scotland do not have offices, or chambers on the English model. Almost all advocates work out of the Advocates Library in Parliament House (photo gallery) and from home. They hot-desk3 in the library. It is by far the best law library in Great Britain; the staff is excellent; and it has wireless networking for their laptops4. Consultations are usually held down the High Street, at 142 High Street, but may be held elsewhere by arrangement.

On 28 October 2006, the Faculty of Advocates adopted new rules as to direct access to advocates, without using a Scottish solicitor, with immediate effect. These substantially widen the right to use an advocate without having to go through a Scottish solicitor. Direct access by members of the public is not permitted; all instructions must come from a qualified professional.

Notes:

1Faculty of Advocates – коллегия адвокатов

2stables” – «стейблз» - юридическая фирма в Шотландии

3hot-desk – активно работать

4laptop – переносное портативное устройство, ноутбук

5. Speak about the differences between the legal systems of England and Wales on the one hand and Scotland on the other hand.

A – 3

1. Read the following words and proper names; mind their pronunciation:

clerk [kla:k], church [];

Norman [nmn], Westminster [westmnst], Strand [strnd], Chancery [a:nsr], Thames [temz], Knights Templar [naits templ]

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

principally, institution, firm, trolley, journalist, theatre.

3. Analyse the structure of the following words:

law-making, nowadays, walking, Dickensian, to rebuild, to update.

4. Scan the text and find English equivalents to the following proper names:

Судебные Инны, Канцлерские Инны, Средний Темпл, Внутренний Темпл, Линкольнская школа-гильдия, Греевская школа-гильдия.

City of London Magistrates’ Court

LEGAL LONDON

London’s importance to the law arose principally from the location there, from Norman times, of the principal law-making institutions for England; the King’s Council, the Houses of Parliament and the Royal Courts (first at Westminster, then on the Strand). This resulted in many lawyers living in London, or lodging in London during the law terms. It also resulted in the great institutions of the English legal profession developing in London; the Inns of Court and the Inns of Chancery. This process continued into the 19th and 20th centuries. The Law Society was founded in London and most of the large international firms of solicitors that have developed in the 20th century are based in London. So London is nowadays “the heart of British law”.

Legal London is also called the area now centered around the Royal Courts of Justice. Although there are important Courts elsewhere in London (such as the Central Criminal Court at the Old Bailey, and the Appellate Committee of the House of Lords at the Palace of Westminster), almost all barristers' chambers and many of the best firms of solicitors surround the Royal Courts and the four Inns of Court (Middle Temple, Inner Temple, Lincoln’s Inn and Gray’s Inn), at the Western limits of the City of London, from the River Thames in the South, for a mile Northwards to Gray’s Inn.

Here judges and barristers will be seen walking and talking in their distinctive white bands (a form of cravat1); clerks wheel about trolleys full of books and papers; litigants, witnesses, solicitors, law student and journalists can be seen there. Some of them fill the pubs, clubs and wine bars after work.

The Temple Church is a surviving relic of the ousted Knights Templar, and the Dickensian squares and chambers which cannot be rebuilt or updated may give a distorted impression of the UK's thriving modern international common law industry. They really “decorate” the site.

It is interesting that in the past civil cases were heard in the Hall of Lincoln's Inn. Now they are heard in the Royal Courts. Criminal appeals are heard in the High Court and Courts of Appeal. These courts remain probably the best “free theatre” in London.

Note:

1cravat – галстук, шарф

5. Scan the text once again and match the following definitions to the proper names mentioned in the text:

1) the four private unincorporated societies in London that function as a law school and have the exclusive privilege of calling candidates to the English bar;

2) a royal authority having power to adjudicate in civil, criminal, military, or ecclesiastical matters;

3) one of the four legal societies in London which together form the Inns of Court;

4) a legal seminary of the Inns of Court;

5) the professional body of solicitors established in 1825 and entrusted with the registration of solicitors (requiring the passing of certain examinations) and the regulation of professional conduct.

B – 1

1. Read the following proper names. Mind their pronunciation:

Old Bailey [uld bel], Newgate Gaol [nju:gt del], Holborn [hlbn], St. Paul’s Cathedral [s()nt plz ki:drl], Mountford [mauntfd], Edward VII [edwd  seven], Lady Justice [led dsts], Queen Elizabeth II [kwi:n lzb  seknd].

2. Read and translate the text; explain your variants of translation of sentences marked with an asterisk:

THE OLD BAILEY

T he Central Criminal Court in England, commonly known as the Old Bailey1, is a Crown Court centre (higher criminal court) in central London. It deals with major criminal cases in Greater London2 and, exceptionally, in other parts of England. It stands on the site of the medieval Newgate Gaol3, in the street also called Old Bailey which is situated between Holborn Circus and St Paul’s Cathedral.

The present building dates from 1907 (officially opened on 27 February 1907) and was designed by E.W. Mountford. Above the main entrance is inscribed ٭"Defend the Children of the Poor & Punish the Wrongdoer". It was King Edward VII who personally opened the courthouse.

٭On the dome above the court there is the statue of Lady Justice, a woman holding in her right hand a sword standing for the power to punish. In her left hand there is a balance standing for equity. The statue is not blindfolded, as most images of Lady Justice are, and this fact has received much criticizm from criminals being brought into the Old Bailey, remarking that their justice is not impartial and unbiased.

During World War II, the Old Bailey was bombed and severely damaged, but subsequent reconstruction work restored most of it in the early 1950's. In 1952 the restored interior of the Grand Hall of the Central Criminal Courts was once again open. From 1968 to 1972 a new South Block was built containing more modern courts.

The Old Bailey celebrated its 100th Birthday on 27 February 2007 with a Reception. It was attended by Queen Elizabeth II.

Trials in the Old Bailey are open to the public, like most criminal trials in the UK. The court has one peculiarity. It is connected with the fact that the witness box is placed underneath the public gallery, thus ensuring the anonymity of witnesses in trials where it is needed. It is forbidden to take any form of note in writing, and electronic equipment. ٭Walkmans, mobile phones, bags and radios are strictly banned from the public gallery for security reasons, and anyone unlucky enough to have their phone ring in Court is likely to be sent down to the cells for contempt of court.

Notes:

1bailey – часть замка

2Greater London - Большой Лондон (особая административно-территориальная единица; состоит из Лондона и его пригородов, ранее бывших частью прилегающих графств: Мидлсекс, Эссекс, Кент, Саррей, Хартфордшир)

3Newgate Gaol - Ньюгейтская долговая тюрьма

3. Say if the sentences are true or false:

1. The Old Bailey is the street in London. 2. Minor criminal cases are heard in the Old Bailey. 3. The Old Bailey consists of several buildings, one of which is Newgate Gaol. 4. The present building of the Old Bailey was built in 1709. 5. The inscription above the main entrance of the Old Bailey is "Defend the Children of the Poor & Punish the Wrongdoer". 6. The statue of Lady Justice is situated in the public gallery. 7. The statue of Lady Justice is blindfolded. 8. Lady Justice is holding in her right hand a sward standing for the power to punish, and in her left hand a balance standing for equity. 9. Most criminal trials in the UK are open to public. 10. Witness boxes are traditionally placed underneath the public gallery. 11. It is allowed to use electronic equipment and mobile phones in the Old Bailey.

4. Give the English for:

criminal cases, to inscribe, defend, wrongdoer, sward, to be blindfolded, trial, to be open to public, to be placed underneath the public gallery, for security reasons, to find oneself sent down to the cells.

5. Give the Russian for:

уголовный суд высшей инстанции, здание суда, наказывать, весы, справедливость, преступник, особенность, свидетельская трибуна (место для дачи свидетельских показаний), гарантировать свидетелям анонимность, за неуважение к суду.

B – 2

1. Read the following proper names; mind their pronunciation:

Lincoln’s Inn [lknz n], Gray’s Inn [grez n], Inner Temple [in templ], Middle Temple [mdl templ], Serjeant’s Inn [sa:dnts n], Clement’s Inn [klemnts n], Clifford’s Inn [klfdz n], Strand Inn [strnd n], Furnival’s Inn [fnvlz n], Thavie’s Inn [vzn], Staple Inn [stepl n], Barnard’s Inn [ba:ndz n].

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

association, complex, residence, practice, historic, status, audience, active, authorities.

3. Translate the following family words:

to exist – existence, west – western, convenient – convenience, to except – exception, to elect – election – self-electing, pupil – pupilage.

4. Remember the following words:

assets – 1. фин. активы; 2) имущество

1. A company’s assets consist of cash, investments, buildings, machinery, computer software etc.

to dissolve – распускать (парламент и т.п.)

1. Parliament has been dissolved. 2. The society will be dissolved next month.

chapel – часовня, церковь (тюремная, полковая, домовая и т.п.)

1. This school has its own chapel. 2. They were married in a little chapel.

premises – земля и здания (помещения), которыми владеет кто-либо, особенно компания или организация

1. The company produces equipment for use in commercial premises. 2. The premises of the factory are very large.

to run – управлять

1. He runs his own restaurant. 2. He has been running his own business since he graduated from the university.

5. Skim the text and introduce necessary changes into its plan:

1. Historical background.

2. Work.

3. Membership.

4. Location.

5. Status.

Lincoln’s Inn

THE INNS OF COURT

Several centuries ago there were very few barristers in Great Britain. That is why there was created the professional association of barristers – the Inns of Court. It was a number of buildings where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to four, which are Lincoln’s Inn, Gray’s Inn, Inner Temple and Middle Temple. Other Inns, such as Serjeant’s Inn, Clement’s Inn, Clifford’s Inn, Lyon’s Inn, Strand Inn, New Inn, Furnival’s Inn, Thavie’s Inn, Staple Inn and Barnard’s Inn were dissolved and their assets were distributed amongst the existing members.

The four acting Inns of Court are located in Central London, near the western border of the City of London. Nearby is situated the Royal Courts of Justice. It was placed there in 1882 for convenience. Each Inn is a complex with a great hall, chapel, libraries, sets of chambers for many hundreds of barristers, and gardens. The chambers were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The barristers are fond of having so ancient and splendid offices at their disposal.

The Inns of Courts have three grades of membership: students, Members of Hall1 and Masters of the Bench or Benchers2. The Members of Hall are practicing barristers and Circuit Judges. The Benchers are the most senior members. Many of them are judges and Law Lords. The benchers constitute the governing body and are self-electing i.e. existing benchers co-opt3 new benchers from amongst the membership of the Inn. The senior bencher of each Inn is the Treasurer4. The Treasurer runs the Inn for one year only.

The four Inns of Court have a special and historic status. The Inns provide supplementary education during the “Bar School” year, pupilage and the early years of practice. But the most important function of the Inns is the authority to call members to the Bar and therefore confer on them right of audience in the High Court.

Notes:

1Members of Hall – члены суда лондонского Сити

2Bencher - старейшина

3co-opt – кооптировать (пополнять какую-л. коллегию новыми членами)

4Treasurer - хранитель

4. Speak about the Inns of Court according to your plan.

B – 3

1. Read the following proper names:

Fielding [fi:ld], Bow Street [bu stri:t], Scotland Yard [sktlnd ja:d], Empress State Building [emprs stet bld].

2. Read the following international words and give their Russian equivalents stating differences in meaning of the English and Russian words, if any:

sergeant, constable, inspector, superintendent, corruption, authority, resource, reform, local, militia, collective, scale, assistant, code, capital, idiom, jurisdiction, limit, provision, command, control, patrol, uniform, cooperation, protection, officer, structure, centralized, principle, professional, effective, industrial, final, rank, to limit, organization, transportation, province, penalty, secretary.

2. Analyse the structure of the following words:

watchman, ineffective, commonplace, limit – to limit, transportation, pressure, punishment, legislation, centralize, responsibility, increasingly, assistant, detection, citizenry, half-brother, headquarters.

3. Translate the following family words:

to suspect – a suspect, order – disorder, personal – impersonal, formality – informality, force – enforce – enforcement, courage - encourage, personal – impersonal, able – unable, formal – informal – informality, brother – half-brother, to press – pressure, to punish – punishment, penal – penalty, final – finally.

4. Memorize the following words:

parish – 1. церковный приход; 2) (в Англии) район, административное подразделение графства

1. In England, a parish council is a group of people who make dicisions for their parish. 2. The parish of this church is very small.

capital offence – преступление, караемое смертной казнью

1. Murder is a capital offence in some countries.

to cope (with) – справиться, совладать

1. I can’t cope with the task. It is very difficult. 2. It must be difficult to cope with small children.

riot – бунт, мятеж

1. A riot began when local tax was increased. 2. The police was unable to cope with the riot.

spy – шпион, сыщик

1. He was arrested on charges of being a spy. 2. He reads a lot of spy stories.

suspect – подозреваемый

1. The suspect was brought to the police station. 2. The police published the photo of the suspect.

violence – насилие

1. The recent outbreak of racial violence was terrible.

5. Scan the text and say who instigated reforms of the police system in the 18th and 19th centuries.

A police car in London

THE LONDON POLICE

From medieval times, London guards had been parish constables and watchmen. Their work appeared to be ineffective. Corruption involving the officers of law and order was commonplace and authorities had few resources to cope with riot, crime and disorder. In 1742 Henry Fielding, a Magistrate at Bow Street, and Sir John Fielding, his half-brother, began reforms of the system of fighting crime. Their guards became known as the “Bow Street Runners1”. Troops were used to keep order. Local militias were used for local problems. Spies were used to track down the suspects.

The industrial revolution of the 18th century put new pressures on society, leading to violence. Collective living led to collective organization, which helped to create social disorder on a larger scale. The Penal Code was severe with almost two hundred capital offences and other punishments including transportation. This actually encouraged more serious crime.

In 1829 Sir Robert Peel, the then Home Secretary, undertook reform in the police system. He was responsible for the foundation of the Metropolitan2 Police forces, the policemen became known as “peelers” or “bobbies”. Under the Metropolitan Police Act, 1829 the jurisdiction of the legislation was limited to the Metropolitan London area, excluding the City of London and provinces.

The Metropolitan Police Act established the principles that shaped modern English policing. First, the primary means of policing was patrolling by uniformed police officers. Second, command and control were to be maintained through a centralized structure (all London police were the responsibility of one authority, under the direction of the Home Secretary, with headquarters at Scotland Yard). Third, police were to be patient, impersonal, and professional. Finally, the authority of the English constable derived from three official sources - the crown, the law, and the consent and co-operation of the citizenry.

Now the Metropolitan Police Service (MPS or informally “the Met”) is the territorial police force responsible for law enforcement within Greater London, excluding the City of London. Its headquaters were transferred from Scotland Yard to New Scotland Yard in Westminster, although administrative functions are increasingly based at the Empress State Building (ESB) and since the end of 2007 all command and control functions have been transferred to the three Metcall complexes.

The MPS is divided into ten departments, each commanded by an Assistant Commissioner. With over 31,000 police officers, 2,000 special constables, 13,661 police staff, 414 traffic wardens and 2,106 police community support officers (PCSOs) the MPS is the largest force in the United Kingdom. Its head is the Commissioner of Police of the Metropolis (or simply the Commissioner). The MPS is responsible for the day to day policing across London (in 32 boroughs3), for crime detection and for protection of the Prime Minister as well as other government ministers, members of the Royal family, etc.

Metropolitan Police uses the standard UK police ranks. They are police constable, acting sergeant, sergeant, inspector, chief inspector, superintendent, chief superintendent, commander and deputy assistant commissioner.

The police in the rest of the country are controlled by various committees established by boroughs and counties. In recent years, a good deal of amalgamation of provincial forces has been carried out. The reason for it is that many police forces are small and unable to meet modern methods of detection.

Notes:

1Bow Street - 1) Боу-Стрит (улица в Лондоне, на которой расположено здание главного уголовного полицейского суда) 2) "Боу-Стрит" (главный уголовный полицейский суд в Лондоне); runner – уст. полицейский

2metropolitan - городской

3borough – муниципальный округ, боро

5. Fill in the table:

METROPOLITAN POLICE SERVICE

FUNCTIONS

RANKS

ORAL SPEECH PRACTICE