Professional titles quiz

1 English lawyers who judge cases in the lower courts. They’re usually unpaid and have no legal qualifications, but they’re respectable people who are given some training.

2 They make up the largest branch of the legal profession in England and Wales. They are found in every town where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. These lawyers also work on court cases for their clients, prepare cases for other lawyers to present in the higher courts, and may represent their client in a Magistrates’ Court.

3 Each federal judicial district has this lawyer who is appointed by the President.

4 Only a small proportion of these lawyers doesn’t preside in Magistrates’ Courts. They deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. They are paid salaries by the state and have considerable legal training.

5 They defend or prosecute in the English higher courts. They specialize in representing clients in court. In court, these lawyers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of them has the title QC (Queen’s Counsel).

solicitor – повірений, юрисконсульт

Exercise 13 Read and translate the text. Learn the essential law terms given after it.

Text d court procedure* in the usa

A court is a tribunal established to administer justice* under the law. It may decide civil disputes or criminal cases. A court may award damages* or administer punishment* for crimes.

There are two different levels of courts: trial courts* and appellate courts. A trial court is the first court to hear a dispute. Witnesses testify* and present information to prove the facts. A trial court consists not only of a judge but also of lawyers, who are officers* of the court necessary for the court’s operation. The words court and judge are often used to mean the same thing. While presiding* over a legal action*, the judge may be referred to as “The Court” or “Your Honor”.

An appellate court sometimes reviews decisions of a trial court when a party claims an error of law was made at the trial level. In most cases, the decision may be appealed to the next higher court, including the state Supreme Court. The decision of the Supreme Court of a state may be reviewed by the Supreme Court of the United States.

Unlike trial courts, appellate courts do not hear witnesses or accept new evidence. They examine the transcript* – the word-for-word written record of what was said at the trial. They also read appellate briefs*, written arguments on the issues submitted by the opposing attorneys. Then the appellate courts listen to oral arguments of the attorneys and may question them about the case. Finally, the appellate courts decide whether the decision should be affirmed* (upheld), reversed* (overturned), amended* (changed), or remanded*, that is sent back to the trial court for corrective action, including possibly a new trial.

procedure – процедура, процес, процесуальні норми, судочинство, провадження справи в суді

to administer justice – вершити правосуддя

to award damages – відшкодовувати збитки

to administer punishment – застосовувати покарання

trial court – суд першої інстанції

testify – свідчити

officer – посадова особа, чиновник, службовець

preside – головувати, вести засідання

legal action – судовий процес, позов, правомірна дія

transcript – протокол

brief – письмовий стислий виклад справи

to affirm – підтверджувати

to reverse – анулювати, відміняти

to amend – виправляти

to remand – відправляти справу на дослідування

Writing task B: answer the questions in writing.

1 What is a court?

2 What are the two different levels of courts?

3 What does a trial court consist of?

4 What is the role of witnesses at the trial?

5 What is the role of lawyers at the trial?

6 What is an appellate court?

7 Do appellate courts hear witnesses or accept new evidence?

8 What is a transcript and appellate briefs?

9 What is a procedure in appellate courts?

10 What are possible decisions of appellate courts?

Speaking task B: use the questions from writing task B and exercise 9 as a plan to discuss a court system of the USA.

Exercise 14 Fill in the blanks with words and word-combinations from the box. Translate the text.

decisions analysis equality judicial proceedings courts the rule of law power

Judicial power in Ukraine belongs exclusively to the 1) in the form of constitutional, civil, criminal and administrative 2) . All 3) proceedings must be public and open. They should be based on the 4) of both parties before law. Ukraine as a state which operates under 5) should have independent judicial 6) . Its task is a fair and impartial* adjudication* of disputes between individuals and between the state and individuals. Judicial 7) should be reasoned, unprejudiced* and based upon a complete and objective 8) of facts.

impartial – безсторонній

adjudication – винесення судового рішення

unprejudiced – неупереджений

Creative task: draw a diagram of court system of Ukraine. Describe the different types of court in our jurisdiction and the areas of law they deal with. Select one type of court in our jurisdiction and explain what kinds of cases it deals with. Use additional texts to this unit. Use Ukrainian names of the courts but use the English language to describe their functions.

Exercise 15 Сomplete this diagram with the words and definitions (a–f).

a) expert witness;

b) appellant;

c) person who is sued in a civil lawsuit*;

d) officer of the court whose duties include keeping order and assisting the judge and jurors;

e) person who pleads* cases in court;

f) hypothetical person who uses good judgment or common sense in handling practical matters; such a person’s actions are the guide in determining whether an individual’s actions were reasonable.

prudent – обачний

bailiff – судовий пристав, виконавець

lawsuit – судовий процес

to plead – виступати в суді, вести судову справу

Note that the ending -or, -er indicates one who grants; -ee indicates one who receives. Words using these endings include: employer (роботодавець) – employee (службовець, працівник).

Person who appeals a decision

to a higher court

Exercise 16 Every area of English has its own specialist use of prepositions. Law is no exception. Here are some typical legal phrases. Learn them by heart.