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Файл:Практический английский язык для юристов = Practical English for Law Students. В 2 частях. Ч. 2. Учебное пособие
.pdf
231
ЗАКЛЮЧЕНИЕ
В ходе изучения данного учебного пособия вы познакомились
с основами юридического английского языка, функционирующего
в отдельных областях правоохранительной сферы (судебной системе
Великобритании, уголовном судебном процессе, видах преступлений
и наказаний, технологических аспектах судебной криминалистики), ко-
торый является неотъемлемой частью профессиональной коммуника-
ции в сфере международного права, академической и профессиональ-
ной коммуникации. Вы освоили ключевые юридические термины
и понятия, научились читать, слушать, анализировать и писать юриди-
ческие тексты, а также получили представление об их стилистических
особенностях.
Знание юридического английского языка открывает широкие возможности для успешной карьеры в международной юридической практике, работе с иностранными партнерами и участии в международных
проектах. Оно позволяет юристам эффективно общаться с коллегами
из других стран, понимать зарубежное законодательство и прецеденты,
а также представлять интересы клиентов на международном уровне.
Однако изучение юридического английского — это непрерывный
процесс, требующий постоянного совершенствования навыков чтения,
письма, аудирования и говорения. Рекомендуется продолжать практику, читая актуальные юридические статьи, анализируя судебные реше-
ния и участвуя в дискуссиях на юридические темы на английском языке.
Надеемся, что данное учебное пособие стало полезным инстру-
ментом в вашем обучении и будет способствовать вашему профессиональному росту. Желаем вам успехов в овладении профессиональным английским языком и достижения высоких результатов в вашей
правоприменительной практике!
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GLOSSARY
Allegation — a claim made against someone, often without proof or
a claim that someone has engaged in an unlawful act.
Arbitration — a way of seeking to resolve a dispute without going
to court: a third party (the arbitrator) looks at both sides of the dispute and
makes a decision as to how it should be resolved. Those involved may agree
to be bound by the decision of the arbitrator.
Assets — things owned by a person or organization, which usually
have some value.
Bankrupt — the legal status of a person or organization that is una-
ble to repay debts owed to its creditors.
Barrister — a lawyer regulated by the Bar Standards Board, often spe-
cializing in court room representation, drafting pleadings and expert legal
opinions.
Beneficiary — someone who is entitled to a benefit (e.g. under a will
or trust).
Chambers — a collection of independent, self-employed barristers
who share employed clerks to administer work, and who share the expense
of such clerks, office buildings and brand name.
Charge — the criminal offence or offences alleged against the de-
fendant which they will face at court. Once someone has been charged the
formal court process will start.
Civil law — the area of law covering disputes you may have with
a person or an organization.
Civil order — a court order that imposes prohibitions or require-
ments on the defendant to reduce the risk of harm they pose to victims and
(in some cases) the general public. Only the police may apply for most orders. Breach of a civil order is a criminal offence, for which the person subjected to the order can be prosecuted.
Claimant — a person making a claim.
Client — someone who uses services provided by a lawyer or anoth-
er legal professional.
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Compensation — recompense for loss, injury, or suffering.
Conditions — requirements, restriction or permission added onto
a document.
Continuing professional development (CPD) — the training that
lawyers (and other professionals) are required to complete every year by
the organization regulating them. The Law Society’ courses are available
on Law Society Learning.
Contract — an agreement signed by two or more parties setting out
the terms of an arrangement — for example, between a buyer and a seller
in a property transaction.
Counsel — a term used to describe a barrister.
Court of Appeal — deals with appeals from other courts or tribu-
nals. The court hears appeals against convictions and sentences given in the
Crown Court (see below).
Court of Protection — when someone is mentally incapable of
making a particular decision at a particular time, and they have not made a
lasting power of attorney, and the decision is not the one that can be made
on an informal basis, the matter can be referred to the Court of Protection.
The court may either choose to make the decision itself on the person’s behalf, or choose someone else, known as a ‘deputy’, to make the decision
for them.
Criminal justice system — a term used to describe the systems and
organizations involved in delivering justice. This includes the police, the
Crown Prosecution Service, courts, prisons and probation.
Cross-examination — the questioning of a witness, who has already
given their evidence in court, in order to challenge the witness’ evidence
or credibility.
Crown Court — deals with more serious cases including murder,
rape or robbery. If you plead not guilty, your case will be heard in front of
a judge and jury of 12 people, who will decide whether you are guilty or
innocent, after they have heard all the evidence.
Crown Prosecution Service (CPS) — the organization that prose-
cutes criminal cases that have been investigated by the police and other in-
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vestigative organizations in England and Wales. The CPS decides which
cases should be prosecuted, determines the appropriate charges, in more
serious or complex cases, and advises the police during the early stages, of
investigations, and prepares cases and presents them at court.
Crown prosecutor — a lawyer (generally a solicitor or a barrister)
working for the Crown Prosecution Service.
Damages — an award, typically of money, paid to a person or organ-
ization for loss or injury.
Defence lawyer — advises the defendant. They can represent the de-
fendant at court or arrange for an independent barrister to do so.
Defendant — if a suspect has been charged with a crime and told to
go to court, they will be called a defendant.
Discrimination — being treated unfairly or differently because of
factors, such as disability, race, religion or belief, sex or sexuality.
Estate — a person’s property, entitlements or obligations.
Evidence — the material presented and relied upon in court to de-
termine whether or not the defendant is guilty of the offence(s) with which
they have been charged, or any other matter which is in dispute between the
parties. Evidence may be in the form of written or video recorded accounts
of witnesses, forensic evidence (like DNA, blood), physical evidence (CCTV
footage), or medical evidence.
Executor — someone named in a will who will carry out the direc-
tions of the will.
Expenses — witnesses going to court to give evidence or to give
a Victim Personal Statement can claim back costs such as travel, meals or
childcare.
Fraud — intentional misrepresentation or concealment of an important
fact upon which the victim is meant to rely, and in fact does rely, to the harm
of the victim.
Grounds (legal) — the basis or foundation of an action.
Guilty — a person who has admitted responsibility at court or been
found responsible by magistrates, District Judge or jury, for committing an
offence.
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Hearing — a legal proceeding where the prosecution, defence, and
judge/magistrate meet in a courtroom to decide issues in respect of the defendant’s case. They are usually open to the public.
Independent person — someone free from outside control or influ-
ence to act in the way they choose.
Inheritance — parts of someone’s estate passing to someone on death.
In-house lawyer — lawyers working for organizations, such as banks
or local authorities, to provide legal advice to the organization.
Integrity — acting with honesty and morality.
Intellectual property (IP) — IP refers to ideas you create and legal-
ly own as a result of owning its copyright, trademark or patent. Examples
of IP can include inventions, literary and artistic works, designs, symbols,
names and images.
Interest (legal) — a right, claim or privilege.
Interim proceedings — in law, interim proceedings are hearings that
take place between the first hearing and the final hearing.
Intermediary — the role of an intermediary is to enable communi-
cation with parties in police enquiries and court and tribunal proceedings
whose ability to participate is diminished due to being under the age of 18,
or suffering from a mental or physical disorder or impairment.
Interview — the police carry out interviews with suspects. They may
also interview victims and witnesses in order to gain information and accounts about matters under police investigation.
Investigation — an investigation is conducted by the police to gather
evidence in order to decide whether a person should be charged with an
offence.
Judge — a judge presides over court proceedings and hears all wit-
nesses and evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter
at hand, based on his or her interpretation of the law and his or her own
personal judgment.
Jury — a sworn body of people in court who listen to the evidence
in a trial in order to make an impartial decision (verdict). They decide if
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the defendant is guilty or not guilty of the offence. They tend to be found
in criminal courts. The jury is made up of 12 members of the public.
Law firm — organizations that employ lawyers to provide legal ad-
vice and legal services.
Law Society of England and Wales — the Law Society is the or-
ganization that represents, supports and promotes solicitors and their interests in England and Wales.
Lawyer — a member of one of the following professions entitled to
practise as such: the profession of solicitor, barrister or advocate of the UK;
a profession whose members are authorized to carry on legal activities by
an approved regulator other than the Solicitors Regulation Authority (SRA);
an Establishment Directive profession other than a UK profession; a legal
profession which has been approved by the SRA for the purpose of recognized bodies in England and Wales, and any other regulated legal profession specified by the SRA for the purpose of this definition.
Legal aid — government funding that can help people meet the costs
of legal services they require, if they are eligible to receive it. It is also used
to support legal assistance being provided at police stations where someone is arrested.
Legal disciplinary practice (LDP) — a type of law firm where so-
licitors work alongside other types of lawyers, such as licensed conveyancers, and a restricted number of non-lawyers.
Legal executive — a lawyer regulated by ILEX Professional Stand-
ards (IPS).
Legal professional privilege (LPP) — a protection that means in-
formation a client shares with his or her lawyer in confidence should never
be revealed without the client’s consent. LPP only applies between a client and his or her solicitor or barrister. It does not apply to other legal
professionals.
Legal services — services provided to clients, such as legal advice or
representation in court.
Liability — can mean something that is a hindrance or puts an indi-
vidual or group at a disadvantage, or it can be something a person is responsible for.
237
Liable — when someone is legally responsible for something.
Limited liability partnership (LLP) — a business partnership in
which some or all of the partners have limited liability in terms of their legal and financial obligations.
Litigant — a person involved in a lawsuit.
Litigant in person — someone who represents themselves in court
proceedings.
Litigation — the contest process before a court.
Magistrate — non-legal volunteer who hears cases in their commu-
nity and administers the law, usually in a court that deals with minor offences and holds preliminary hearings for more serious ones.
Magistrates’ court — all criminal cases start in a magistrates’ court.
Cases are heard by either a panel of 2 or 3 magistrates or by a district judge.
Magistrates are volunteers who hear cases in their community. There is no
jury in a magistrates’ court. Cases that may be dealt with solely in a magis-
trates’ court include motoring offences, common assault and burglary. More
serious cases (such as murder, rape or robbery) are always passed to the
Crown Court.
Magna Carta — Latin for great charter, signed by King John in 1215,
it promised the protection of rights and access to justice. Claimed as the
foundation to civil liberties and starting point for human rights.
Matter — an application, information or an issue that needs to be con-
sidered by the relevant authority.
Mediation — mediation and arbitration are alternative ways in which
a dispute can be resolved, without going to court.
Misconduct — sometimes used to refer to the act in which a regulat-
ed professional, for example a solicitor, breaches a principle.
Money laundering — the process of concealing the source of ille-
gally obtained money.
Multinational — a business that operates in different countries.
Not guilty — if the defendant pleads not guilty, they are saying that
they did not commit an offence. If the defendant is found not guilty following a trial they are acquitted. This means a jury could not be sure that
the defendant committed the crime.
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Obligation — a requirement to take a particular type of action, that
may have a legal basis through a contract.
Offender — an offender is someone who has committed a crime. If
a defendant is found or pleads guilty during a case, they will be called the
offender.
Omission — a failure to perform a particular act where there was
a duty or a legal requirement for that act to be carried out.
Outcome(s) — this often means the final decision following an ap-
plication or an investigation.
Out-of-court settlement — an agreement between the two sides to
settle the case privately before the court makes its decision.
Parole Board — the Parole Board is an independent body that car-
ries out risk assessments on prisoners to decide whether they can be safely
released into the community.
Partner — members of a firm who equally share ownership and
liability.
Partnership — two or more people working in business together.
Personal representatives (PRs) – Executors or administrators. If
there is more than one personal representative, they must work together to
decide matters between them. Disagreements between personal representatives can cause expensive delays.
Prima facie — Latin term used to describe something that appears
on the face of it to be true.
Pro bono — Latin term for professional work undertaken voluntarily
and without payment or at a reduced fee.
Probate — a legal permission provided by a Probate Registry for
someone to deal with someone else's estate after they die. A Probate Registry is an office where someone can be interviewed in order to be provided with a probate permission.
Prosecutor — a qualified lawyer employed by the Crown Prosecu-
tion Service who charge, review, prepare and present criminal cases in England and Wales. The prosecutor who presents the case at the Crown Court
239
may be an independent barrister instructed in respect of that case by the
Crown Prosecution Service (CPS).
Public gallery — the Crown Court is usually open to the public. The
public gallery is where people may sit quietly and listen at the back of the
court. Members of the public can also listen from an agreed location by video link.
Public interest — the overall welfare of the general public.
Registered Foreign lawyer (RFL) — a lawyer from overseas who
registers with the SRA to practice law in England and Wales.
Remunerate — to pay or reward someone for something they have
done or a service they have provided, such as a company paying an
employee.
Restraining Order — a court order issued by the magistrates’ court
or Crown Court to prevent an individual from carrying out a particular action, such as approaching or contacting a person. Breach of a restraining
order is a criminal offence.
Rights of audience — generally a right of a lawyer to appear and
conduct proceedings in court on behalf of their client.
Risk — the likelihood that a particular choice or action might lead to
a loss or damage.
Roll of solicitors — a list of all admitted solicitors held by the Law
Society.
Scam — any scheme that cheats people out of their property or mon-
ey, or causes them damage for the benefit of others.
Secretary of State for Justice — the minster who is the head of the
Ministry of Justice. The Secretary of State is responsible for the administration of courts, prisons and probation services in England and Wales.
Sentence — the punishment the defendant will receive if they are
found guilty or plead guilty. This could include a fine, community sentence
or a prison sentence.
Sole practitioner — a lawyer who runs his or her own law firm with-
out other partners, directors or members.
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Solicitor — a lawyer who has been admitted as a solicitor by the SRA
and whose name appears on the roll of solicitors.
Solicitors Regulation Authority (SRA) — the SRA regulates solici-
tors in England and Wales. Their purpose is to protect the public by ensuring that solicitors meet high standards, and by acting when risks are
identified.
Suspect — a person who is suspected of committing a crime but who
has not yet been charged.
The Victims’ Code — The Code of Practice for Victims of Crime
(Victims’ Code) sets out the services and a minimum standard for these
services that must be provided to victims of crime.
Third party — a term used to describe someone other than the two
sides in a particular situation. For example, it can be used in motor insurance policies to describe other people besides the person who is insured
and the company that insures them.
Third-party reporting — this is when someone other than the vic-
tim contacts the police to report a crime. This could be a GP, a friend or
family member or a support organization.
Transcript — a written or printed version of an interview or report
made to the police. Transcripts can be used as evidence in court.
Transparent — being open and honest in a way that can be under-
stood by others.
Trial — a formal examination of the facts of a case by a court of law.
At a trial people give evidence and a judge, or magistrate or jury decides
whether the defendant committed the crime.
Tribunal — a person or group of people who collectively have au-
thority to judge and/or determine claims or disputes.
Unadmitted — an individual who has not been admitted to the roll
of solicitors.
Unlawful — illegal or contrary to social convention.
Will — a legal document that declares a person's wishes about the
way their estate should be handled when they die.
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