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IX. Translate into English

1. Безпосередньо перед відкриттям виборчої дільниці головуючий показує урни для виборчих бюлетенів тим, хто перебуває на виборчій дільниці, щоб упевнитися, що вони порожні.

2. Великобританія розділена на 659 парламентських виборчих округів, у кожному з яких електорат становить приблизно 60 000 виборців.

3. Друга за величиною партія стає офіційною опозицією.

4. Загальні вибори часто проводяться навесні чи восени через 17 днів після розпуску парламенту.

5. Кожен британський громадянин, за винятком ув'язнених, лордів і психічно хворих, який досяг вісімнадцятирічного віку, має право голосу, яка буде його представником в парламенті.

6. Маніфест партії надруковано, і по всій країні розпочинається проведення кампанії тривалістю близько трьох тижнів.

7. Прем'єр-міністр формально просить монарха розпустити парламент.

8. Приблизно за місяць до виборів прем'єр-міністр зустрічається з невеликою групою радників для обговорення дати проведення виборів, що більше за все влаштовує партію.

9. Результати з кожного виборчого округу оголошуються, як тільки голоси підраховані, як правило, тією самої ночі.

10. Чесні і вільні вибори – істотна частина демократії, що дозволяє більшості громадян визначити, яке вони хочуть керування країною.

SPEECH EXERCISES

I. Make up situations of your own using the given words and word combinations

1. General elections in the UK (at the time of; be published; before the election; close advisers; each constituency; essential part; free elections; general elections; large-scale press; main political parties; minority parties; party in power; party manifestos; small group; stand for; suit the party; television coverage; throughout the country).

2. Polling Day (be divided into; be in Government; be rep­resented by; be unemployed; cast for; dissolve Parliament; general elections; government officers; mentally ill; on Polling Day; parliamentary con­stituencies; take place; vote for).

3. The division of constituencies (a number of; be divided into; be popular; by secret ballot; council offices; each constituency; election agents; in advance; polling clerks; polling districts, polling station; presiding officer; take place; town halls).

4. The results of the elections (as soon as; at its head; be announced; be arranged; be known; form a Government; get more votes; modern government; most seats; national result; next morning; same night; single candidate).

II. Complete the open dialogue and learn it by heart

D.

N.

As a rule the time between general elections In the UK is five years.

D.

N.

As far as I remember there were eight years between elections at the time of the First World War and ten years at the time of the Second World War.

D.

N.

As a matter of fact the Prime Minister chooses the date of the next General Election, but does not have to wait until the end of the five years.

D.

N.

On the contrary, a time is chosen which will give as much advantage as possible to the political party in power.

D.

N.

The matter is that about the month before the election the Prime Minister meets a small group of close advisers to discuss the date which would best suit the party.

D.

N.

As far as I know any number of candidates can stand for election in each constituency.

D.

N.

I don't think so. The main political parties are usually repre­sented, and sometimes candidates represent minority parties.

D.

N.

In my opinion the results from each constituency are announced as soon as the votes have been counted, usually the same night. The national result is known by the next morning.

D.

N.

To my mind the winner is the candidate who gets more votes than any other single candidate, even if the difference is only one vote.

D.

N.

As far as I am concerned when all of the results are known the Sovereign usually invites the leader of the party winning the most seats in the House of Commons to be Prime Minister and to form a Government.

D.

N.

I'm of the same opinion. The second largest party becomes the Official Opposition with a small group of its MPs being chosen to form the Shadow Cabinet.

UNIT 16

TYPES OF LEGAL PROFESSIONS

BEFORE YOU READ

Answer these questions

1. Why do we say that Britain is almost unique in having two different kinds of lawyers, with separate jobs in the legal system?

2. What kinds of lawyers in the British legal system do you know? What is the difference between them?

READING TASKS

A. Understanding main points

Read the text below about legal professions and answer these questions, beginning your answers with the fol­lowing phrases: as a rule …; to tell the truth …; as far as I know …; the matter is that …; as far as I remember …; as far as I am concerned …; frankly/strictly speak­ing …; to make a long story short …

1. Who is the most important figure in the British legal system?

2. Is it difficult to qualify as a solicitor? What is it necessary for a young man or woman to do for that?

3. What matters does the solicitor deal with? When can he speak in the County Court? What clothes does he wear in the County Court?

4. What examinations do you have to take to qualify as a barrister? Are these examinations different from solicitors' examinations?

5. What branches of law must a barrister be an expert on?

6. What do we mean when we say that barristers are rather remote figures?

7. What do legal executives often deal with? What do you know about their rights to appear in court?

8. What are lay magistrates? What committees select them?

9. What do High Court Judges deal with? What do they differ from lay magistrates in?

10. Who can become a judge at any level? What changes were made by the Courts and Legal Services Act 1990?

B. Understanding details

Mark these statements T (true) or F (false) according to the information in the text. Give your reason using the fol­lowing phrases: as a matter of fact ...; I don't think so …; I'm of the same opinion …; in my opinion …; on the contrary …; strictly speaking ...; to my mind ...

1. Britain is almost unique in having different kinds of lawyers and judges.

2. It is necessary for you to go to university to qualify as a solicitor.

3. The solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts.

4. If the case goes to a higher Court, the solicitor advises you, and you can ask him to appear for you.

5. To qualify as a barrister it is not obligatory for you to take the examinations.

6. Solicitors as well as barristers can become judges in an English Court above a Magistrates' Court.

7. Apart from solicitors and barristers, there are also legal executives who work in solicitors' firms.

8. Legal executives have unlim­ited rights to appear in court, mainly making applications in the County Court where the case is not defended.

9. Lay magistrates are elected because they have some legal training.

10. To become a judge at any level it is necessary to be either a barrister or a solicitor.

LEGAL PROFESSIONS

Britain is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two branches of the legal profession comprise barristers and solicitors. Each branch is controlled by an independent body which maintains high professional standards of education, training, and conduct. Lawyers are not appointed by the State and are not civil servants. They are not subject to direct political control, and, like the judges, are traditionally independent. Their relations with clients are based on confidence and protected by privilege; they cannot be compelled to disclose what passes between them during their professional dealings.

One of the most important figures in the British legal system is the 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. 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 start business on your own.

In fact there are at least 66,000 solicitors in Britain, and the number is increasing. Almost every town will have at least one. Many problems are dealt with exclusively by a solicitor. It is his job to advise you on legal matters of all kinds. 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.

The solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. 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. 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. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you.

Barristers are different from solicitors. 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 become judges in an English Court above a Magistrates' Court.

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 have and the job they do are medieval in conception.

Apart from solicitors and barristers, there are also legal executives who work in solicitors' firms. To become a legal executive it is necessary to pass the Part I and Part II examinations of the Institute of Legal Executives and to have worked in a firm of solicitors or an organization such as the Crown Prosecution Service for at least five years. Legal executives will often deal with the more straight­forward cases themselves, for example, preparing simple wills or leases. They also have some lim­ited rights to appear in court, mainly making applications in the County Court where the case is not defended.

In Britain, the vast majority of judges are unpaid. They are called lay magistrates, or lay justices, or Justices of the Peace (JP). They are ordinary citizens who are elected 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. Lay magistrates are selected by special committees in every town and district and appointed by the Lord Chancellor on behalf of the Queen.

A small proportion of judges are not lay 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 lay magistrates, are paid salaries by the State and have considerable legal training.

Judges as a group are also called the judiciary. There are many different levels of judges although the main division is into inferior and superior judges. This may sound an odd way of referring to judges but it reflects the different levels of court in which they sit. Inferior judges include: stipendiary magistrates, district judges, recorders, circuit judges. Superior judges are the puisne judges who sit in the High Court, the Lords Justices of Appeal in the Court of Appeal, the Law Lords in the House of Lords.

To become a judge at any level it is necessary to be either a barrister or a solicitor. The Courts and Legal Services Act 1990 made changes basing qualifications on certificates of advocacy and rights of audience in the courts. In other words, a barrister or solicitor must have been qualified to be an advocate in the court to which he is appointed as a judge. All judges appointed since 1995 have to retire at seventy years of age. This age was introduced by the Judicial Pensions and Retirement Act 1993. Judges appointed before that date can continue in office until the age of seventy-five. Before 1959 there was no retirement age and some judges sat until they were ninety.