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3. Word Study: Key Terms

accusation

звинувачення

Oath

присяга

convict

засуджений

prosecutor

прокурор

assure

запевняти

on behalf of

від імені

defend

захищати

accuse

звинувачувати

commit

здійснювати (злочин)

counsel

адвокат, захищати

mediation

посередництво

negotiate

вести переговори

preside

головувати

draft documents

працювати з паперами

litigate

судитися

4. Comprehension check

Answer the following questions to the text. Do it in pairs.

1. What is the major objective of lawyer’s work?

2. How do lawyers apply the knowledge of Law in their practice?

3. Which of the following verbs refer to lawyer’s activity: advise, defend, produce, represent, draft, sell, resolve, speak, study, buy, inform, help, research, preside, teach?

4. Where do lawyers work?

5. What legal jobs do you know?

6. Is it important to specialize in any particular area? Why?

7. How do you qualify as a solicitor (barrister)?

8. What kind of problems does a solicitor deal with?

9. What are barristers expert in?

5. Use all the information you have learnt in this Unit so far to describe the legal professions in Ukraine.

Start like this:

“An attorney in Ukraine is ……”

6. Work in pairs. Take turns to describe some of the facts, give your reasons of the legal professions in Ukraine.

Section c Language study

Vocabulary

7. Every legal profession has responsibilities clearly defined in occupational descriptions published by the administrative bodies. Below are simplified descriptions that lack job titles. If you complete the sentences with appropriate job titles you’ll learn about the job responsibilities of these legal professionals.

Mind there are four legal professionals under one item number that have similar job responsibilities.

a) judge

d) solicitor

g) detective

j) prosecutor

m) in-house counsel

b) jurist

e) barrister

h) juror (jury)

k) sheriff

c) clerk

f) attorney

i) advocate

l) notary

in-house counsel – штатний юрист

  1. _________ is a person who has legal background and does research in legal area or history of law, he writes articles or books on legal issues.

  2. _________ presides in courtroom and administers justice, resolves disputes between the parties, decides the case during the trial, direct the jury and gives the judgment. He/she either awards relief, in civil cases, or determined the guilt, in criminal cases.

  3. ________ investigates a criminal case, aims to discover the criminal, collecting evidence and tracing him.

  4. _____, ____, ____, or ____ advices the clients on legal matters, prepares a case or documents, briefs a case, presents the case in a law court, acts and speaks for the client, mediates a case, defends or pleads the client’s case, brings an action when somebody breaks the law, drafts legal documents.

  5. ________ usually initiates a criminal case and conducts criminal proceedings, presents the evidence of the committed crime.

  6. ________ are elected community members who during the court proceedings carefully see into the evidence, determine the facts of the case, then accept the law given by the judge and apply that law when reaching a verdict.

  7. ________ supports and counsels the business he works for, provides expertise in corporate, commercial, tax, insurance and other legal issues, drafts documents and contracts, acts for the company in negotiations, deals and lawsuits, and files lawsuits or bring a legal action against those who break the law.

  8. ________ keeps law and order in a community or a region protecting the citizens from law-breakers; he is a legal action against those who break the law.

  9. _________ is a court officer who files papers and keeps records of court proceedings.

  10. _________ is a public officer who certifies the authenticity of its document or copy and witnesses official acts: wills, commercial papers, etc.

8. Make up questions to each passage.

9. Which profession have you chosen as your career? Why? Which profession doesn’t appeal to you as a career perspective? Why not?

10. Apply your experience and knowledge of the legal jobs. Add more information (or facts) to each job description.

11. Personify the professionals above – give names to them and some more personal information. Make up the legend.

e.g.

Anna Petrenko is a court clerk. She lives and works in Kyiv. Anna likes her job. Every day she comes to the court and works hard. She files papers, and there are a lot of papers in the court. Anna also keeps records of court proceeding, and this is what she likes most; she can be present at the trial and listen to the judge, prosecutor and witnesses …….

12. Read the dialogue to find out the difference between the professions of a solicitor, a barrister and an attorney. Write down the responsibilities of a solicitor, a barrister and an attorney.

A.: I have some problems and need to consult a lawyer. Can you tell me where to find a good attorney?

B.: Attorney? You see, here, in London, we have solicitors and barristers.

A.: Solicitors and barristers… Which one is better to approach?

B.: A solicitor will help you from the start. But solicitors can’t represent you in court. This lawyer deals with clients, advises them and prepares legal documents. Barristers speak for clients in court. Solicitors do most of paper work for them.

A.: I see. In America counseling and advocacy in the court is performed by attorneys.

B.: What is your problem? Anything serious?

A.: Yes, rather. I think of bringing the action to the court. So, I’d like to find a good barrister.

B.: We’d better visit my solicitor first. He will have an interview with you, look into the matter and then introduce you to a barrister, if necessary.

A.: Of course it will be necessary!

B.: Is it a criminal case?

A.: No, why?

B.: Because barristers speak in higher courts. Solicitors can speak for their clients in lower courts. Minor civil cases are decided in lower courts.

A.: I see. Then we’d better make arrangements with your solicitor as soon as possible.

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