Английский язык. Профессиональная лексика для юриста. Учебное пособие

fraud), it is the main element in criminal trials in the Crown Court. Jury membership was once linked to the ownership of property, which resulted in male and middle-class dominance. But now most categories of British residents are obliged to undertake jury service when summoned.

Before the start of a criminal trial in the Crown Court, 12 jurors are chosen from a list of some 30 names randomly selected from local electoral registers.

They listen to the evidence at the trial and give their verdict on the facts, after having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the verdict may be “guilty” or “not guilty”, the latter resulting in acquittal. Until 1967 the verdict had to be unanimous. But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters.

In Scotland the jury’s verdict may be “guilty”, “not guilty” or “not proven”, the accused is acquitted if either of the last two verdicts is given. As a general rule no one may be convicted without corroborated evidence from at least two sources.

If the jury acquits the defendant, the prosecution has no right of appeal and the defendant cannot be tried again for the same offence.

A jury is independent of the judiciary. Any attempt to interfere with a jury is a criminal offence. Potential jurors are put on a panel before the start of the trial. In England and Wales the prosecution and the defence may challenge individual jurors on the panel, giving reasons for doing so. In Scotland the prosecution or defence may challenge up to three jurors without reason. In Northern Ireland each defendant has the right to challenge up to 12 potential jurors without giving a reason.

People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are liable for jury service and their names are chosen at random. Ineligible people include, for example, judges and people who have within the previous ten years been members of the legal profession or the police, prison or probation services. People convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has received a prison sentence of five years or more is disqualified for life.

Points for discussion

1.Four basic steps: pleadings, discovery, trial by judgment, conclusion of litigation in civil procedure.

2.Criminal procedure.

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3.Principles of criminal procedure.

4.Trial by jury is an ancient and important feature in English justice.

Revision Translation

Уголовный и гражданский процесс

Источниками уголовно-процессуального права в Англии служат, прежде всего, законодательные акты, по большей части регулирующие одновременно и вопросы судоустройства. К их числу относятся законы о Верховном суде 1981 г., о магистратских судах 1980 г., о присяжных 1974 г. (с последующими изменениями), об обжаловании по уголовным делам 1968 г., а также законы об уголовном правосудии 1925 г. и ряда последующих лет, в том числе Закон 1988 г. Среди актов, изданных за последнее время, большое значение имеют законы: о преследовании за преступления 1985 г., об отправлении правосудия 1985 г. и особенно – о полиции и доказательствах по уголовным делам 1984 г. (в нем подробно регламентируется деятельность полиции по расследованию преступлений, в том числе вопросы, связанные с производством обысков и арестов, предварительным заключением обвиняемых, рассмотрением жалоб на действия полицейских, а также оценкой некоторых доказательств, в частности полученных с помощью компьютерных устройств). Важное значение имеют также Закон о полиции и магистратских судах 1994 г. и Закон об уголовном процессе и расследованиях 1996 г. Что касается норм прецедентного права, то и в области уголовного процесса, несмотря на обилие законодательных актов, их роль остается весьма существенной: она касается и толкования норм, в общей форме изложенных отдельными законодательными актами, и устранения пробелов в законодательстве.

Правовая комиссия, представившая в 1989 г. проект уголовного кодекса для Англии и Уэльса, предлагает в будущем, после принципиального одобрения проектов Общей и Особенной частей УК, разработать в качестве третьей части этого же Кодекса раздел под названием “Доказательства и процедура”, т.е. по существу процессуальную часть общего уголовного и уголовно-процессуального кодексов. Однако подготовка этого раздела еще не началась.

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GRAMMAR PRACTICE

Tenses in the Active Voice

Exercise 1. Use the correct tense form of the verb in the Active Voice. Translate the sentences.

1.All crimes (to have) something in common, something that (to distinguish) them from noncrimes or acts not recognized by law as criminal.

2.Since human beings had the capacity to choose between good and evil there (to be) no need to ask why people behave as they (to do).

3.Crime problems (not to stop) at national borders: the production and sale of drugs, terrorism and organized crime groups – these and other global crime problems (to object) the quality of life worldwide.

4.Crime (to be) a problem since humans (to build) the first

cities.

5.Nowadays crime (to become) so globalized that any one nation’s criminal justice agencies (to be) no longer able to control its objectively.

6.A judge (to be) a supreme officer of the court. He (to preside) over courtroom proceedings, (to interpret) and (to decide) questions of law.

7.Once the jurors (to reach) a decision, they (to return) to the court where their verdict will be announced.

8.After the American colonies (to win) their independence, England (to transport) convicts to Australia.

9.Under the US doctrine of separation of power, legislature (to make) laws, the executive (to execute) the laws, any courts (to adjudicate) controversies arising under these laws.

10.In the 1960s American society (to experience) rapid social change: minority groups (to demand) equality in voting rights, housing, education and employment.

11.Correctional facilities where convicted offenders (to serve) their sentence (to include) county jails, state and federal prisons.

12.The purpose of probation always (to be) to integrate offenders under supervision into a law-abiding society.

13.Nobody could foresee what (to happen) – it (to be) just an accident.

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14. There (to be) a modal for a fair and respected worldwide court, the International Court of Justice at the Hague, the Netherlands.

Exercise 2. Complete the questions put by father to his son using the Indefinite Tenses. Answer the questions working in pairs.

1.Well, my boy, __ you (to know) anything about the legal system of Great Britain?

2.What __ (to be) almost unique about the English legal system?

3.__ (to be) there any other countries in the world with a similar legal system?

4.Where __ a person (to go) when he __ (to have) a legal prob-

lem?

5.I wonder how many solicitors and barristers there __ (to be) in Britain.

6.What kind of problems __ a solicitor (to deal with)?

7.Who __ (to advise) you on legal matters of all kinds?

8.Who __ (to be responsible) for all the preparatory pre-court

work?

9.How __ you (to qualify) as a solicitor?

10.When __ a person (to start) a business of his own if he __ (to want) to work as a solicitor?

11.What __ (to be) barristers experts in?

12.What __advocacy (to mean)?

13.What examinations __ a person (to take) to qualify as a bar-

rister?

14.Have you ever been interested in the question how much a barrister (to earn)?

15.__ you (to happen) to know who __ (to become) a judge in Great Britain?

16.__ barristers (to have) public offices in any streets? Where __ they (to work)?

17.Who __ you usually (to ask) to appear for you and argue your case if the defense __ (to be) to be heard in a Magistrate Court and in a Higher Court?

18.Who __ (to have) the title of Queen’s Counsel and who __ (to bestow) it?

19.__ (to be) there a third type of lawyers in the British legal system? How __ we (to call) them?

20.What term __ they (to use) for English barristers in Scot-

land?

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21.When __ the British government (to eliminate) the distinction between barristers and solicitors? Prove your idea.

22.If you __ (to give) the correct answers to all these questions, I __ (to be satisfi ed) with your studies at the College of Law. I want to be sure that the money our family __ (to spend) on your brain will not be spent in vain.

Exercise 3. Translate the sentences containing used to + infinitive, would + infinitive into Russian. Take into account their meaning.

1. Mr Bush used to investigate the most serious crimes when he was working as an investigator. 2. Those reading the law used to live in the chosen Inn of Court. 3. Attorneys or advocates used to spend their days milling about the courts. 4. For 600 years ordinary people rather than professional judiciary used to keep the judicial process for keeping the peace. 5. In the middle ages a King and later his Chancellor used to accept petitions for equitable relief. 6. Until the mid-18th century teaching of law used to be academic rather than professional. 7. People would apply the term “solicitor” to an attorney appearing in Chancery Court. 8. The three Royal Courts would sit at Westminster even in the absence of the king. 9. Although the King’s courts did not replace directly old local courts, if overlapping jurisdiction existed, litigants would often prefer common law courts. 10. At one time solicitors were general practitioners who would refer to experts in particular fields of law.

Exercise 4. Combine two simple sentences into a complex one with the subordinate clause of time or condition.

1.You must prove the guilt of the suspect. You will win the case. (if)

2.First you must spend two years as an articled clerk. Then you’ll become a solicitor. (after)

3.The attorney will prepare the necessary documents. He’ll send the copy to the client. (as soon as)

4.“Sir, you do not know it to be good or bad. Only the judge can determine it”. (till)

5.Please, don’t touch anything. The police will be here in no time. (before)

6.The council will not preserve the client’s confidence. He discloses his secrets. (if)

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7.He will succeed, I think. He devotes much time to the development of his own practice. (in case)

8.He studies well. His legal education will probably last about five years. (providing)

Exercise 5. Use either the Present Continuous or the Present Simple.

1.– I am very busy now. I (to prepare) the documents on a very difficult case.

–(you/to do) it alone?

–No, two managing clerks (to help) me.

2.A solicitor (to deal) with matters outside the court.

3.The Law Society (to regulate) the conduct of solicitors in England.

4.What kind of law (you/to practise)?

5.– What (the attorney/to do) at present?

–He (to study) the particulars of the case.

6.I (not to believe) your evidence! You (to lie)!

7.Legal service costs (to increase) permanently due to inflation.

8.Attorneys rarely (to discuss) with their clients the possibility of losing the case.

9.– (You/to know) what conveyancing (to mean)?

–Conveyancing (to mean) making all the legal arrangements for the buying and selling of land, houses and other buildings.

10.Probate (to be) a type of work a lawyer (to do) that (to deal) with making a will for a client who, when he/she (to die), (to wish) to leave his/her property to certain persons or charities and making sure that his/her wishes are carried out.

11.The lawyer (to serve) effectively as an advocate only if he (to know) all that his client (to know), concerning the facts of the case.

12.(You/to know) if the number of lawyers (to increase) or (to decrease) in the country nowadays?

Exercise 6. Insert the proper forms to express the future actions.

1. The Government has been in the past and ___ in the future a major consumer of legal talent (to be). 2. This argument ___

the judge (not/to convince). 3. I don’t trust this juror. I ___ him

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(to challenge). 4. He’s a practitioner with long experience. I am sure he ___ the case (to win). 5. Jack is in trouble and needs a legal backing. – I know. I ___ his matter tomorrow (to discuss).6. I’ve decided to retire from the Federal Agency. – Have you? What ___ you (to do)? 7. Did you send him a summons? – Oh, I’m sorry. I completely forgot. I ___ it now (to do). 8. Can I get your opinion on the case today? – No, you ___ it tomorrow (to get). 9. What you ___ (to do) at 11 tomorrow? – We ___ (to have) a seminar on civil law at this time. 10. In the afternoon I ___ (to take part) in some preliminary investigation.

Exercise 7. Make up questions with How long? and When? using the Present Perfect, the Past Indefinite or the Present Perfect Continuous.

1. The University of Law trains lawyers for the country. 2. Common Law system applies the doctrine of precedent. 3. Common Law is the basis of the procedure. 4. I am investigating a computer theft. 5. The barrister is arguing his client’s case before the court. 6. Dr Smith gives lectures at the Law Department. 7. He is busy now. He is taking part in questioning.

Exercise 8. Give negative answers to the questions using the time indication words in brackets.

1.When did he last investigate a murder? (for years)

2.When did the Bar last admit new members? (since June)

3.When did you last give evidence to the court? (for many years)

4.When did Steve Williams last violate the Rules of Professional Conduct? (for ages)

5.When did this attorney last lose a case? (in a long while)

6.When was this patrolman last on duty? (for the last few days)

7.When did you last deal with a common law action? (since last year)

Exercise 9. Mr Bruce, a retired policeman, came to see his former colleagues at the police station and found that many things were different. Complete the sentences using the verbs in brackets in the Past Perfect Tense.

1. John Smith was no longer single. He (to marry) the secretary. 2. Their boss captain Johnson didn’t work there. He (to get)

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a promotion. 3. Bob Brown was dead. A criminal (to shoot) him. 4. Sam Jenkins got a promotion. He (to pass) a special exam and (to become) a detective. 5. His friend Bruce was no longer a failure. He (to disclose) several serious crimes. 6. Miss Green gave up working. She (to get married) and (to leave) the country.

Exercise 10. Use the correct form of the verbs in the Active Voice.

1.Not everybody (to have) anything to do with the law, and a lawyer who (to represent) defendants in criminal cases is often asked, “Why you (to defend) somebody if you (to know) he (to be) guilty”?

2.The answer (to be): anyone who is charged with the crime and who (to deny) being involved in it must have a fair trial.

3.Anyone who (to seek) the advice and help of a solicitor or a barrister is known as a client.

4.The lawyers never (to tell) one another the professional secrets of their side of the case and they must always try as hard as they can whether their professional opponents (to be) people they (to like) or (to dislike).

5.If a person (to ask) to defend him, the lawyer (to use) all his knowledge and skills to present his client’s case in the best possible light.

6.– What you (to be busy) with at the moment?

–I (to draw up) documents for the case hearing.

7.– How long you (to prepare) for the case hearing?

–I (to begin) this work some days ago, and I hope that I (to do) everything by tomorrow.

8.– What’s your father’s job?

–He (not to work) now. He (to be) a pensioner since last year. But he (to work) as an investigator for thirty years before he (to retire).

9.Lawyers (to be) to represent people, but not to judge them.

10.If a client cannot afford to pay the fees of his lawyer, he (to apply) for legal aid, which (to mean) that if he (to qualify) for it, the state (to pay) either his full legal fees or at least part of them.

11.The profession of a solicitor (to develop) over the past years. They (to act) as legal advisers and recorders of a case as it (to progress).

12.The public (to come) into contact with solicitors more often than with any other people who (to work) in the law.

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13.If a person accused of a crime (to admit) it to his lawyer, the lawyer (to know) he is guilty, and he must advise him to plead guilty. If a person (to refuse) to do so, the lawyer (to become) what is known ‛professionally embarrassedʼ, and must have nothing more to do with the case.

14.The client must be sure that what he (to tell) his lawyer in confidence the latter never (to reveal) without his consent. It’s a fundamental condition on which the administration of justice as a whole (to rest).

15.After hundreds of years, times (to change) now and specially qualified solicitor advocates (to appear) in the High Court and in the Crown Court.

16.In simple cases the solicitor usually (to leave) the barrister to get on with the case in court on his own; in more difficult cases, the solicitor (to sit) behind the barrister in court and (to assist) in the presentation of the case.

17.For centuries the Inns of Court (to be) the training institutions and professional societies for barristers.

18.Most people always (to see) the legal profession as a training ground for a career in politics.

19.Changes in the legal profession (to alter) their role substantially. In 1997 the Lord Chancellor (to make) the first appointment of some distinguished solicitors to become Queen’s Counsels.

20.In the next few years it is expected that the government (to press) the Bar Council to allow barristers to deal with the public directly.

Exercise 11. Respond to the following by using emphatic constructions according to the models.

Use “It is … that”

Model 1:

English law has directly influenced the law of former British colonies.

It is English law that has directly influenced the law of former British colonies.

1.Usually the creator of the work owns a copyright.

2.In deciding what is reasonable an English court will refer to similar previous cases.

3.The welfare of children is the biggest concern of family law.

4.Mr Jackson was ordered by the court to make financial provisions for his ex-wife and for their children.

5.Such mistakes could cost a buyer of land a lot of money.

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