Английский язык для студентов юридических вузов и факультетов. Учебник

LESSON ONE

5) Fill out the form in block letters. Full Name:

Home Address:

Home phone: Work Phone: E-mail:

Fax:

Birth Date: Names of parents:

Home and work telephones of parents:

Are you currently enrolled at an institution of higher learning?

Other(s). Please Specify Areas:

Please select two courses that you are most interested in.

Legal Environment of Business

International Law

History of Education in the U.S.A.

Introduction to Finance

Principles of Marketing

Judicial Process

Mass Media

Security Markets

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LESSON TWO

GRAMMAR: 1. Participles (Revision). 2. Emphatic do.

WORD-BUILDING: Noun-forming: Suffixes with the Meaning of a Person. Adverb-forming: Suffix -ly.

READING AND ORAL SPEECH PRACTICE: Higher Education and Legal Profession. The Role of Mass Media in Education.

CONVERSATIONAL FORMULAS: Ways of Asking for Details about Somebody’s Occupation.

WRITING: Filling out Forms (Curriculum Vitae).

Emphatic do

Вспомогательный глагол do (does, did),cтoящий между подлежащим и инфинитивом смыслового глагола без частицы to, усиливает значение

Exercises

1. Translate the following sentences, paying attention to participles.

a) 1. Having been approved, the new rules came into force. 2. Having looked through the documents the manager signed only two of them. 3. When speaking to her, he understood that she didn’t know all the facts. 4. The problem having been discussed, they left the conference room. 5. Not knowing her

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LESSON TWO

telephone number, he couldn’t call her back. 6. He was sitting in the office writing business letters. 7. He looked at me as if not recognizing. 8. Driving at this speed, we can get into an accident. 9. The manager watched the clerks working in the office. 10. Do that as soon as possible. Don’t keep me waiting. 11. Having shaken hands with the visitors, he asked them to take their seats.

b) 1. When asked, he always helps people. 2. When asked, he always helped people. 3. I have my car kept at your door. 4. We had all problems discussed yesterday. 5. I have never heard a speech made so brilliantly. 6. They live in a house built in the 19th century. 7. Here is the letter signed by Mr. Smith. 8. He looked very disappointed. 9. I heard this problem argued between lawyers. 10. When I called on him in the afternoon, I found that he had gone. 11. When I called on him in the afternoon, I found him gone.

2. Translate the words in brackets.

1.She (заполняет) an application form of the Russian-American Program of Distance Learning. 2. (Заполнив) the form she handed it in to the supervisor of the program. 3. (Заполненный) form should be handed to the supervisor of the program. 4. The form (после того, как был заполнен), it should be handed in to the supervisor of the program. 5. (Заполняемый) form is very important.

6.The student (заполняющий) the form is going to take part in the RussianAmerican Program of Distance Learning.

3.Translate the following emphatic constructions.

1. Do come in. 2. — I think he didn’t speak to professor Brooks. — But he did speak to him. 3. He does know about their decision. 4. They did tell him about it. 6. I do mean it. 7. I do think so. 8. I did speak to him. Why don’t you believe me? 9. I did try hard to settle your problem. 10. I do want to help you.

4. Make the following sentences emphatic with the help of do (does, did).

1. Tell Jim we won’t come. 2. Law helps us to be civilized. 3. I agree with you. 4. Civilization influences law. 5. The laws frustrate our base instincts. 6. They changed their plans yesterday. 7. Read this article.

READING

TEXT 1

1. Read the text and translate it into Russian paying special attention the words and word-combinations in bold type.

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READING

LEGAL PROFESSION AND LEGAL EDUCATION

In any country, the legal profession plays an important role. The work carried out by lawyers is diverse. Under adversary systems of justice, lawyers are advocates representing their clients. Besides litigation, lawyers perform different duties. They are advisors to business firms, to governmental agencies, to individuals, etc.

Lawyers do gravitate to many crucial interactions while forming and implementing social, political, and economic policy. That is why the general objective of legal education is to prepare the students of law to function as competent lawyers. Any law school must provide broad training. The specific objective of the curriculum is to maximize the student’s mastery of legal reasoning and legal method — in addition to teaching the basic substantive rules of the law. Students of law must be taught to analyze complex factual situations, to reason deductively, and to separate the relevant from the irrelevant to handle the most difficult problems.

The main function of legal profession and legal practice is to apply the law in specific cases. This function is one of the most important in any branch of legal profession, but most vividly this function is manifested in the work carried out by advocates and judges in the process of trying and deciding cases.

The most prestigious branch of the legal profession in Great Britain and the countries influenced by its system is the judiciary. To become a judge, one has to spend 15-25 years in private legal practice or in teaching law or governmental legal service. Judges are either appointed or elected. In England judges are more commonly appointed. Appointments of judges are made by the Lord Chancellor. In the U.S.A., the appointive system is used in federal courts. Appointments of judges are under control of the chief executive of the nation or state. In many states judges are elected by the population of the state.

Governments require a staff of legal specialists. Great governmental departments need their own legal sub-branch to have skilled legal advice. There are also many lawyers in private client-directed practice.

An American lawyer Erwin N. Criswold writes: “Although our legal system is largely derived from England, we have not followed the English practice in the organization of the legal profession. There is no formal division of the profession in the United States. We do not have barristers, or courtroom lawyers, on the one hand, and solicitors, on the other. With us, any lawyer is free to engage in any sort of legal activity, and he may be in court one day and engaged in drafting legal papers the next. Indeed, the notion of the separation of the legal profession into different branches is so unknown in the United States that most American lawyers have difficulty in understanding the English or French systems. Of course there is a certain amount of specialization in the actual

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LESSON TWO

activities of many American lawyers, but they are accustomed to doing whatever they feel their clients need and they feel qualified to do...”1 Erwin N. Criswold names such spheres of specialization as labor law, taxation, etc.2

Legal practice in the U.S.A. is carried out not only by lawyers but also by paralegals. A paralegal is a non-lawyer who performs legal tasks that were once done by lawyers. A longer definition used by the ABA — American Bar Association (a national organization of lawyers) is a “person qualified through education, training, or work experience who is employed... in a capacity which involves the performance, under the intimate direction and supervision of an attorney, of specifically delegated, substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts...”3 There is an ABA Commission on Non-lawyer Practice in the U.S.A., which has recently held some open hearings to receive comment from both the lawyers and paralegals whether non-lawyers should be permitted to provide legal services to the public and, if so, how such services should be regulated.

Many specialists in law advocate the idea of allowing non-lawyers to engage in at least limited delivery of legal services, although there has been some consensus that non-lawyers’ practice should be regulated. The advocates of the idea say that there are many repetitive and simple things that lawyers do that could easily be done by trained non-lawyers. Many paralegals work with lawyers who oversee their work and none objects to this as they are not considered to be practicing law. However, when they go out and work for themselves and make money, people begin complaining. At present paralegals handle mainly real estate transactions, but the ABA has no policy on legal services carried out by non-lawyers.

As far as lawyers are servants of the public as well as of their clients, they have several loyalties. Lawyers must be loyal to their clients, to the administration of justice, to the interests of the society as a whole and to their own ethical standards. While considering this issue we often speak on professionalism of lawyers. Professionalism is defined as “the behaviour, skill, or qualities shown by a professional”4. The latter term in turn is defined as “a person who has great experience and high professional standards”5. S. Rosner considers that the word “professionalism” can be defined in two different ways. First, he says, we should distinguish a professional from an amateur6, who is a person that lacks experience or skill in a particular sphere of human activities as sports, painting, etc. for enjoyment without being paid for the results of his work. “In this broad sense, the lawyers are professionals. But in our age of specialization, a tax lawyer hardly could be called a professional when dealing with a patent law problems unless he or she can devote sufficient time and effort to acquire the necessary skills,” writes S. Rosner. He also

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READING

stresses that legal professionalism is understood in a narrower sense as the ability of “placing the interests of others ahead of the lawyer’s own interests,”7 because lawyers have much to do with the interests of their clients, those of courts, third parties and society as a whole.

One of the most difficult problems is as follows: a lawyer always confronts the interests of professionalism and his own financial interests. And a lawyer must decide which comes first: to make money or to serve clients, help people and do good. It is not an easy problem to solve. S. Rosner points out that “a firm says to its lawyers, if you are to succeed here, you must bring in “x” dollars. ... In effect this practice makes the client and lawyer adversaries. The lawyer’s interest is in maximizing the dollar return and therefore, in expanding the work produced, the time billed to match the client’s ability or willingness to pay. The clients’ interests are in getting the job done as efficiently and economically as possible.” But “to remain competitive they (lawyers) must provide legal services of the highest quality in an efficient and cost-effective way”8.

Notes: 1 Longman Dictionary of Contemporary English. M., 1992. 2 Ibid.

3 Rosner S. Professionalism and money // ABA Journal. V. 78. May 1992, pp. 69-72. 4 Longman Dictionary of Contemporary English. M., 1992.

5 Ibid.

6 Rosner S. Op. cit.

7 Ibid.

8 Ibid.

2. Give the Russian for:

to represent clients; to perform duties; to implement a policy; broad training; legal reasoning; legal method; to reason inductively and deductively; to handle the most difficult problems; to apply the law; judiciary; client-directed practice; formal division; courtroom lawyer; office lawyers; drafting legal papers; curriculum; attorney; trained non-lawyers; adversary; real estate; transaction; tax lawyer; taxation.

3. Give the English for:

состязательная система; юридическое образование; нормы материального права; частная юридическая практика; правовая служба; назначение судей; система назначения; квалифицированный юридический совет; трудовое право; отправление правосудия; получить необходимые навыки; в более узком значении; патентное право; третья сторона; общество в целом.

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LESSON TWO

4. Complete the following sentences.

1. The general objective of legal education is... 2. Any law must... 3. The specific objective of the curriculum in Law Schools is... 4. Students of law must be taught... 5. The main function of legal profession is... 6. The most prestigious branch of the legal profession is... 7. Governments also require... 8. There are many lawyers in... 9. The notion of the separation of the legal profession into different branches is... 10. Lawyers must be loyal to... 11. A paralegal is… 12. Paralegals handle mainly… 13. Professionalism is defined as… 14. A lawyer always confronts…

5. Translate the following sentences into Russian. to carry out

1. Lawyers have certain duties to carry out. 2. A large amount of tax work is carried out by accountants.

to gravitate to/towards

1. Students always gravitate to subjects, which will help them in their future profession. 2. Voters always gravitate to candidates who have a positive image.

To get (be) accustomed to, to accustom oneself to

1. He got accustomed to his work. 2. She is not accustomed to physical work. 3. You have to accustom yourself to difficulties. 4. I am not accustomed to such strict rules.

to engage in

1. He has been engaged in settling labour disputes all his life. 2. They are engaged in negotiating and settling disputes.

to handle somebody, something

1. He handled the situation very well. 2. He knows how to handle these matters. 3. A lawyer should know how to handle his clients.

7. Make up word-combinations. Use them in sentences of your own.

8.Form adverbs with the help of the suffix -ly. Translate the words into Russian: effective; usual; proper; equal; legal; necessary; ordinary.

9.Form nouns with the meaning of a person with the help of the suffixes:

-er: to examine, to teach, prison, London; -or: to visit, to investigate, to act;

-ist: economy, royal, terror, national; -ian: politics, Russia, Canada, Italy;

-ant: to appeal, to account, to inform, to serve; -ent: to preside, to correspond, to reside;

-ess: patron, steward, actor, manager.

10.Translate the following words. Consult a dictionary: defender; defendant.

11.Complete the sentences with the correct derivative of the words in bold type. Mind the grammatical forms of the derivatives.

1.Law

The work done by the courts cannot be carried out without the participation of...

2.To advise

Apart from litigation, lawyers perform indispensable services as ... to business firms, to government agencies, and to individuals and organizations of all kinds.

3.To serve

The lawyer is a ... of the public as well as of his client.

4.To defend

a) In recent years many states have established public ... offices.

b) When a lawyer tries criminal cases, he usually specializes in representing either plaintiffs or ...

5.To prosecute

Lawyers carry a high responsibility for the enforcement of the criminal law. Some lawyers do this as public officials, in ... office.

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LESSON TWO

12.Make up as many questions based on text A as you can. Ask your groupmates to answer them.

13.Give the gist of the text in English.

14.Translate the following sentences into Russian paying attention to the participles.

1.Although the American legal system is largely derived from England, English practice in the organization of the legal profession was not followed.

2.Perhaps two-thirds of American practicing lawyers practice alone, having their own offices. 3. From early times, there have been associations of lawyers, and for about a century they have been formalized into bar associations. Being so large, much of their work is done in sections, dealing with different topics. 5. Even when carried out through large firms, law practice remains an individualistic activity. 6. Lawyers being admitted to practice by supreme courts of each of the states, this admission entitles them to practice in that state only.

15.Look through text A once again and point out the emphatic do.

TEXT 2

1. Memorize the following words and word-combinations: tool — средство, орудие;

givaway — безвозмездный дар; access — доступ;

vocational education — профессиональная подготовка, обучение; специальная подготовка рабочей силы;

coercive — принудительный;

commitment — a) обязательство; b) знак (чего-нибудь); consume — потреблять;

credit — кредит (зачетная единица; один кредит засчитывается за курс, рассчитанный на 1 час аудиторных занятий);

mentoring — здесь обучение;

campus — университетский городок.

2. Read the following international words and give their Russian equivalents: combination; aspect; to determine; unique; homogenous; psychology; mentor; ecology; cosmology; rubric; utilitarian; module; portfolio;

course.

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READING

3. Translate the following family words:

to value — to devalue; date — to date — to update; desperate — desperately to require — requirement; experience — experiential; to instruct — instructor — instruction; to gain — gainful; ready — readiness.

4.Analyze the morphological structure and the meanings of the following words: giveaway; high-tech; one-to-one; software; experiential.

5.Give the Russian for:

mass media; productive workers; internet websites; music tape; to transmit a message; techno-industrial elite; unique human beings; on-site; competencybased examinations; one-to-one mentoring; computer-centered program; up- and-coming contender; face-to-face communication; hands-on labour.

6. Besides traditional methods of teaching including lectures and seminars, there appear new alternative methods the applications of which are connected with developing technologies. Read the text and put down the ideas which are most significant in this text from your point of view.

ALTERNATIVE METHODS OF TEACHING

Mass media: television programs, internet websites, films, newspapers, music tapes and CDs, magazines, radio programs and more — are also tools or technology used to transmit a message to a large external audience. There are different points of view on its character and role in modern education. “Media is the combination of form (i.e., the television) and content (i.e., the program). Both of these aspects determine the relationship between the sender and the receiver, which with the mass media today is typically one-way, passive and highly controlled”1.

Shilpa Jane writes: “Like schooling, the mass media is used to support the coercive power structure of a techno-industrial elite (be they corporate or governmental). Like schooling, the mass media undermines our existence as complete and unique human beings, and tells us instead that we are needy, deficient and homogenous. While ‘entertaining’ us, it complements the education system in urging us to consume and consume to fill our empty selves up. It thus reinforces institutional dependency on professionals and experts, while simultaneously devaluing our creative potential, our hands-on labor, our local relationships, and our own life stories. Like education, the mass media has had, and continues to have, serious effects on our psychologies…”.2

Mass media is often used in technology education in the US. Technology education is an updated, high-tech “vocational education.” Most of what

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LESSON TWO

is considered as media education in the US falls under this rubric, because the prevailing notion in the United States is that the main purpose of education is to secure gainful employment. This utilitarian view of education is reflected in the readiness of students to become productive workers in a global economy.3

“Almost every major communications corporation has educational partnerships with schools, either through equipment giveaways, educational software, or actually managing on-site corporate schools. The schools desperately need the equipment, resources and media access that these partnerships offer. In return, corporations get two benefits for the price of one: they can influence the education of future workers and they can establish brand loyalty with consumers at an early age. Technology programs in the U.S. are currently computer-centered, although video is an up-and-coming contender.”4

Distance education is a form of education in which “the reaching and learning process involves activities where the learners are at a distance from the originator of the teaching material”5, so that face-to-face communication is absent. Although the initial idea of distance learning dates back over one

hundred years ago, it is especially transforming education today. As university students become increasingly aware of the Internet and its applications, institutions of higher education are beginning to realize the potential of the Internet in the role of distance education.

That is why there are a number of new policy issues that must be addressed6: new forms of assessment evaluation, including means to insure that student work is original and authentic; a set of nationally accepted institutional accreditation standards to insure the quality of distance education; a nationally accepted set of teacher certification standards which meet a minimum criterion, including training in distance education theory, methods, and strategies, etc.7.

Here is an example of a distance training course. Breyer State University is leading the way in innovative education and curriculum designs by introduction of Experiential Degree Completion Programs. Their online college degree programs demonstrate the commitment to innovation in higher education, allowing students to realize their educational goals through a comprehensive program for Experiential Learning and Degree Completion. They strongly support the value of experiential learning and they adhere to quality standards for awarding college credits for such learning. The Degree Completion Programs are designed to resemble traditional educational curriculums. The university offers the Experiential Learning and Degree Completion Programs at the following levels: Associates’, Bachelors’, Masters’ and Doctorates’ degrees.

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READING

At the same time the Experiential Learning and Degree Completion Programs are designed with an innovative model that includes transfer credits, online course work, independent study modules and courses, competency-based challenge examinations, and major degree-level independent study projects. Experiential Learning credits can be earned through a comprehensive portfolio assessment and project. Up to forty-five percent of required credits may be earned through this assessment portfolio/project. Masters and Doctoral level curriculums include a thesis and dissertation track. Bachelors degree programs include a degree project course.

Features of the Degree Programs are as follows: all course work through Distance Learning Models, no campus classes to attend, no travel requirements; an assigned faculty instructor/advisor for each student, providing one-to-one mentoring; ability to apply for life experience and experiential learning credits; full online classrooms for each course and project required in the program; individualized curriculums designed with online course work, independent study modules, projects, research and portfolio assessment for experiential learning credits (up to 45% of degree requirements) and competency-based challenge examinations8.

Notes: 1 Jain S. Media as Education, Education as Media Reinforcing and Expanding Dehumanization, Exploitation and Injustice // http://www.sewaraj.org/ shikshantar.

2 Ibid.

3 Tyner K. The media Education Elephant // http://www. interact. uoregon.edu. 4 Ibid.

5 http://www.duke.edu/~djs13/pps126/education.htm

6 http://carbon.cudenver.edu/lsherry/pubs/ issues.html

7 http://www.duke.edu/~djs13/pps126/education.htm

8 http://www.breyerstate.com/ lifeexper.htm

7.Retell the text according to the ideas you have jotted down.

8.Answer the following questions.

1. What are the means of mass media education? 2. Do you agree with Shilpa Jane’s statement? 3. What is technology education and the role of mass media in it? 4. What are the innovative ways of education used at Breyer State University? 5. Was the curriculum at that university changed greatly to fit the needs of online education? 6. What are the advantages offered for people getting education by the Net? 7. Are there disadvantages of on-line teaching?

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LESSON TWO

TEXT 3

1.Read the text and: a) entitle it; b) find out some advantages of traditional face-to-face interaction, on the one hand, and disadvantages of online learning, on the other hand.

Educationisaresourceforincreasingpersonalincomeandobtaininginformation. Distance education is often the only opportunity for nontraditional students to obtain a degree. Recently distance education has benefited from computer-based learning through the Internet. However, distance education started several hundred years ago with correspondence education. Later, in the 1920s, radio broadcasting became the first electronic means of distance education, followed by television and now, the Internet.

On-line education is making it possible for students from around the world to study at prestigious higher schools without leaving their homes. Students who cannot interrupt careers are able to excel in education through on-line distance learning. Students value the fact that on-line education gives them control of when they study and take classes, while at the same time it tests their competency rather than their personal learning time. On-line distance learning is not only a more flexible method of learning in time and space, but it is also cost-effective.

However, most professors would agree that interacting with students in classes produces better results. Face-to-face interactions permit a professor to rapidly change the direction of the discussion and to directly satisfy the needs of the learners. Currently, on-line courses are not easily able to adapt to a change in material as with traditional classrooms. When students and instructors can meet together in small groups, they are continuously accessible to each other in a face-to-face setting. In on-line courses the student is socially isolated.

Some higher learning institutions incorporate a hybrid learning system: the incorporation of distance learning into face-to-face methods. Coupling the Internet and face-to-face methods would ensure that students who are unable to access the Internet as well as students who cannot purchase a personal computer are not at a disadvantage, and moreover, it would not deprive them of the experience of going away to college.

2.Write a letter to the Rector of your University stating that one of the above mentioned learning systems is the best for legal education. Justify your choice. Compose a list of things necessary for organization of the type of the learning process you have chosen.

TEXT 4

1. Memorize the following words: tuition — обучение;

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READING

promote — a) продвигать; b) способствовать; c) переводить (в следующий класс и т.п.).

2. Read the names of the countries:

Armenia; Azerbaijan; Belarus; Georgia; Kazakhstan; Kyrgyzstan; Moldova; Russia; Tajikistan; Turkmenistan; Ukraine; Uzbekistan Mongolia; China.

3. Analyze the morphological structure and meanings of the following words. funding; grantmaking; searchable; database; well-being; worldwide; tel-

ecommunications; post-graduates; post-doctorates; headquarters; outreach.

4. After you read some additional information about possible ways of financing for students (including those in Russia) put down the questions you would like to ask of the persons responsible for the process. Write a letter with your questions applying to some international foundation dealing with financing students.

FOREIGN EDUCATION AND RESEARCH GRANTS

Employer tuition benefit plans, AmeriCorps grants, and scholarship or writing competitions are a few of the many financial resources available to law students1.

• United States Information Agency (USIA)

USIA is an independent foreign affairs agency within the executive branch of the U.S. government. USIA explains and supports American foreign policy and promotes U.S. national interests through a wide range of overseas information programs. The agency promotes mutual understanding between the United States and other nations by conducting educational and cultural activities. With more than 200 posts in 143 countries, it is known as the U.S. Information Service (USIS). Its website is divided into several sections including International Exchanges/Training, all of which are searchable.

• Eurasia Foundation

This privately managed foundation promotes democracy and free market institutions in the Newly Independent States (NIS) of the former Soviet Union (Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan) by providing funding to small programs that further these ideals. Begun in 1993, the foundation awards grants totaling approximately $17 million yearly. Priority areas of funding are Business Development, Business Education and Management Training, Economics Education and Research, Public Administration and Local Government Reform, Rule of Law, Media, and

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LESSON TWO

Electronic Communications. Proposals, with the exception of competitions, are accepted at any time with the average award between $10,000 and $18,000. Eurasia Foundation maintain a searchable grant database of over 1,750 grants that have been awarded.

• Global Fund for Women

Established in 1987, this international grantmaking organization focuses on rights for women and provides funds for groups that are committed to women’s well-being and full participation in society, encourage increased support worldwide for women’s programs, provide leadership in promoting the importance of women’s participation internationally and give support to women’s groups working on issues that are considered emerging, controversial, or difficult. As it is the only US-based organization that exclusively supports international women’s rights, issues supported include literacy, domestic violence, economic autonomy, telecommunications and media, the international trafficking1 of women, all the while heightening awareness of their needs and strengths.

• International Research & Exchanges Board (IREX)

A non-profit organization founded in 1968, IREX’s functions now include academic exchanges, professional training, institution building, technical assistance and policy programs with the former Soviet Union, Central and Eastern Europe (CEE), Mongolia and China. In short, although the programs cover a broad range of activities, all are aimed “at helping to develop civil societies in Central and Eastern Europe and Eurasia”. With the main headquarters in Washington, DC, there are field offices maintained throughout the above areas that not only conduct outreach activities for their programs but also provide services to IREX program participants and alumni. They also maintain a list of current IREX programs, grants and scholarships.

• Youth For Understanding

Youth For Understanding (YFU) International Exchange offers summer and year-long study abroad programs to Russia (and 30 other countries) for US high school students. There are also opportunities for US families to host Russian students.

• Centre for International Mobility (CIMO)

CIMO grants scholarships for young researchers (post-graduates/post- doctorates) from all countries in order to promote international cooperation in teaching and research. Special emphasis is laid on active participation and interaction with research and teaching at the receiving institute.

Note: 1 trafficking — торговля

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ORAL SPEECH PRACTICE

ORAL SPEECH PRACTICE

I.Mind Your Grammar When You Speak

1.Make up sentences.

2. Make up questions and answer them. Work in pairs.

Model 1: A: When were you born? B: I was born in 1977.

Model 2. A: Have you ever been to America?

B: I have been to America two times.

3. Agree with your partner.

Model 1. A: He is cross-examining witnesses now.

B: I know that witnesses are being cross-examined by him now. Prompts: he — to read your report; judge Tribe — to try a criminal case;

Jim — to settle some commercial controversies; she — to settle that problem;

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LESSON TWO

they — to negotiate the terms of a new contract; the committee — to draft a new law

Model 2. A: The work which is done by courts can’t be carried out without the participation of lawyers.

B: The work done by the courts can’t be carried out without the participation of lawyers.

Prompts: 1. Defendants are often represented by lawyers who are employed by the Insurance companies. 2. Courtroom work represents a small portion of the work which is done by lawyers. 3. Lawyers carry out some functions with respect to the transfer of real property which is sometimes called conveyancing. 4. The work which is carried out by lawyers is very complicated. 5. The role which is played by an ordinary office lawyer is rather unspectacular.

Model 3. A: Advocates who represent clients present their points of view as efficiently as they can.

B: Quite so. Advocates representing clients present their points of view as efficiently as they can.

Prompts: 1. The influence of the lawyer’s work, which relates even to a specific matter of private concern to clients, is very great. 2. Lawyers spend a great deal of their time in negotiations which lead to the adjustment of controversies. 3. Two-thirds of American lawyers, who have their own offices, practice alone. 4. There are few law firms which maintain branch offices in another city. 5. In the U.S.A. there is no Ministry of Justice or any other department, which controls the legal profession. 6. Over the past twenty-five years, a number of states have passed statutes which established integrated bars.

4. Disagree with your partner.

Model. A: I don’t think I mentioned his role in that case. B: But you did.

Prompts: you — to tell me about your new job; I — to mention the draft programme; he — to settle that controversy; she — to settle that labour dispute; I — to tell you about their divorce; you — to tell me about the negotiations; he — to carry out his work successfully.

II. Conversational Formulas

Asking for Details about Somebody’s Occupation

Exercises

1. Read the following flashes of conversation.

1.

A:Nice to see you, John. Haven’t seen you for ages. What are you doing for a living?

B:I’m in finance.

A:And what about you?

B:I’m in computers.

A:Where is your firm based?

B:Our firm is in Los Angeles.

2.

A:Oh, John! Meet my colleague.

B:How do you do?

A:How do you do?

B:Are you a lawyer too?

A:I am. I work with Smith and Co.

B:Smith and Co? That’s a very prestigious firm. What do you focus on?

A:I focus on business law.

3.

A:Who did you speak to five minutes ago?

B:Oh, that was Susan.

A:Is she your colleague?

B:Yes, she is. She has been working for Smith and Co for three years.

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LESSON TWO

III. Dialogue

1. Read the dialogue.

Sarah Alger, a lawyer from a small resort area town is speaking to Barry Johnson, her colleague from New York.

Barry: Hello, Sarah! Haven’t seen you for ages!

Sarah: Oh, Barry! Glad to see you! It seems to me that I haven’t seen you since we graduated from University of Pennsylvania Law School.

Barry: Quite right! Are you on holiday here? Sarah: Oh, no! I live in this town.

Barry: Do you? But I know that after graduating from the Law School you worked for the prestigious firm of Stephen Walrode and you were doing perfectly well there.

Sarah: That’s right. But then I got tired of New York and decided to move here. It was simply a desire to live in a beautiful place where I felt I would have more control of my life.

Barry: But I think it’s difficult to come into a small community like this and open up practice and do well.

Sarah: You’re right. You can’t do well here right away. But now everything is O.K. Most of my practice is business litigation. Some of it also involves bankruptcy cases and broken real estate contracts.

Barry: Are you happy with the kind of work you do here?

Sarah: Yes, I am. A lawyer in this town can keep as busy as any lawyer in a big city. But there are certain disadvantages. The first one is that you’ve got to be here for some time before the locals take you seriously. And, besides, I miss the opportunity of intellectual growth that a large firm offers. But the experience I got in New York is very helpful for me. And what about you? What are you doing for a living?

Barry: Well, I was working for a small firm in New York for three years, but now I’m in a big practice in Los Angeles. But to tell you the truth, I’m tired of living in big cities. I’m thinking of moving to some resort area.

Sarah: Why not here?

Barry: I like it here, but you know, now I focus on personal injury and criminal law. I don’t think I’ll have much practice in such a quiet place.

Sarah: I think you are wrong. A lot of people get into trouble in resort areas because they’re enjoying themselves having parties or rest out of town. They do things they wouldn’t do when they’re not on holiday. So we get a lot of disorderly conduct, and a large number of criminal cases that arise from fights in the bars and dancing halls. We’ve had some really tragic situations as a result of that.

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ORAL SPEECH PRACTICE

2. Say what you have learned from the dialogue about.

a) Sarah’s past activities; b) her present occupation; c) Barry Johnson; d) the trouble people get into in the resort areas.

IV. Discussion

1. Prepare a report on one of the following topics for discussion in the class.

1)The role the legal profession plays in modern societies.

2)The lawyer is a servant of the public as well as of his client.

3)The duties of trial lawyers.

4)Office work of lawyers.

5)The attitude of the public towards lawyers.

6)Advantages and disadvantages of legal practice in a big city (in a small town, in a rural district).

7)The role of the Internet in legal education.

8)Mass media education programs.

9_ Distance learning.

2.In groups of two or three discuss the structure of the legal profession in

Russia.

3.Look through the enumerated advantages and disadvantages in online education. In groups of two or three discuss all of them and the possibility of studying law on-line. Choose one person to make a presentation on behalf of the whole group.

Advantages

1.The Internet does not restrict education geographically whereas face-to- face education does. Because of distance learning, students who live in remote areas will no longer have to travel great distances to get to classes or to access educational materials.

2.With the use of electronic mail, students can maintain one-to-one correspondence with teachers. Prior to e-mail, students had to make appointments with instructors, which oftentimes proved difficult as schedules differed. Moreover, students can receive feedback from professors more quickly using e-mail.

3.The Internet can be used to post answers to common questions asked by students so that other students may benefit. It is also a convenient way to access a vast array of sources to facilitate assignments and essays. The World Wide Web also offers instructors the option to create a classroom homepage with informa-

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