1kurs1semestrochnoe_2 / Иностранный язык в сфере юриспруденции (английский)

1. Text: Professional Titles

The legal profession in England is divided into two main groups: barristers and solicitors. Barristers do the court work and solicitors do the office work. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but they are employed by solicitors. Judges are usually chosen from the most senior barristers. Solicitors do much of the preparation for cases which they then give to barristers.

Solicitors also have a right of audience in lower courts.

In general, barristers spend most of their time either in a courtroom or preparing his arguments for the court and solicitors spend most of their time in an office giving advice to clients, making investigations and preparing documents.

In the United States there is no division of the profession and a lawyer frequently does both office work and courtroom work. The attorneys are lawyers who represent clients in court. They are trained at law schools and are licensed to practice only in a certain state.

In Russia lawyers work mostly in colleges of advocates – self-managed cooperativetype organizations. Colleges of advocates are formed in accordance with territorial subdivisions – in the cities, regions, republics. In it’s territory any college is represented by law firms or legal aid offices, which render all legal assistance to citizens: advocates counsel people, draft legal documents, represent plaintiffs or defendants in civil litigation and defend people in criminal proceedings.

2 Text: Solicitors and Barristers

There are about 66.000 practicing solicitors and over 8.000 practicing barristers in England and Wales. Solicitors and barristers work together on cases but the solicitor is the first point of contact with the law for a client in the UK. The solicitor listens carefully to the client and then explains the legal position and gives advice. Barristers will only see the client in the company of a solicitor who prepares all the documents relevant to the case which will be examined by the barrister.

The barrister is a specialist in advocacy and he has the right of audience. There are only a few solicitors who are allowed to present cases in the higher courts. Barristers are self-employed in the independent Bar. Solicitors normally get salaries but sometimes they can get extra money in the profits if they are successful.

In addition to the barristers practicing in England and Wales, there are 2000 barristers working as in-house lawyers.

Judges in England and Wales have been barristers for not less than 10 years. Since judges are appointed, they can’t work as barristers.

Solicitors do a variety of work. They deal with property, private law, banking, finance, employment law and environmental law.

Ex. 1. Ответьте навопросы:

1. What is the main difference between a barrister and a solicitor?

21

2.What kind of lawyers can become judges?

3.Is it better for a company to have an in-house lawyer or to invite a lawyer in case of necessity? Give yourreasons.

Ex. 2. Исправьте неправильные утверждения, используя выражения из текстов 1-2:

1.Both barristers and solicitors have the right of audience.

2.Both barristers and solicitors can become judges.

3.Both barristers and solicitors have the right to argue a case in high court.

4.Barristers are employed by solicitors to argue a case.

Ex. 3. Подставьте слово, подходящее данным определениям:

1. .... is a lawyer who gives advice to his clients and prepares documents. 2. .... is a lawyer who is chosen out of barristers.

3. .... is a lawyer who specializes in presenting cases in front of a judge and has the right of audience.

4. .... is a lawyer who employs barristers to argue a case. 5. .... is a lawyer who is not directly paid by a client.

Text: Professional Titles1

Although many kinds of people working in or studying legal affairs are called lawyers, the word really describes a person who has the right to act in certain legal matters. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs.

In Japan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge.

In England, the decision is between becoming a barrister or a solicitor. Barristers specialize in arguing cases in front of a judge and have the right to he heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barristers. Solicitors do much of the preparation for cases which they then hand to barristers, as well as doing legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the Court of Appeal, they must have a barrister to argue their client's case.

In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing

1 Немировская Э. А. Английский для юристов: учеб. пособие / Э. А. Немировская [и др.], отв. ред. Т. М.

Десяткова. ─ М.: Омега-Л, 2004. ─ 376 с.─ «English: We StudyLaw».

22

documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia.

1. Переведите и выучите следующие слова и выражения:

legal affairs/matters; an attorney; a barrister; senior/junior barrister; a solicitor; a judge; to argue a case; the right of audience; court; lower court; higher court; Court of Appeal; to settle a dispute; to eliminate; to employ; a jury; the accused.

2. Найдите в тексте эквиваленты следующих словосочетаний:

Судебные дела, сдать экзамен, приобрести опыт работы, быть специалистом по определенным правовым вопросам, иметь право выступать в суде, иметь дело с…, сохранить, разрешить проблему.

Text: The Legal Profession in Great Britain

The legal profession in England is divided into two main groups, barristers and solicitors. A popular definition of the distinction between solicitors and barristers is that barristers do the court work and solicitors do the office work. In practice, the major volume of court work is done by solicitors and barristers do much “office” work. At present no solicitors, however experienced, may represent a client at a full hearing in any of the higher courts. On the other hand, a barrister, however inexperienced, may represent clients in the House of Lords.

Being a solicitor does not simply involve acquiring knowledge of the theory and practice of the law. It also requires high standards of conduct and an onerous obligation to the courts. The full title of a solicitor is “Solicitor of the Supreme Court”. All solicitors are automatically officers of the court. They have duties to the court which sometimes override the duties to their clients. For instance, solicitors must not knowingly allow their client to tell lies in the witness box. If a client confesses their guilt to a solicitor, the solicitor would be committing an offence if he or she then called the client to give evidence that they were innocent.

Many barristers, especially junior barristers, spend much of their time on paperwork, giving opinions, drafting pleadings and other documents related to court proceedings, but also drafting contracts, trust deeds, and other formal legal documents which are not immediately connected with litigation.

A person seeking to qualify as a solicitor can become a trainee solicitor after three years of university legal education and one extra year doing the legal practice course. As a trainee solicitor it is possible to obtain a paid position even before qualifying.

The young would-be barrister has much less chance of earning anything before he qualifies, must then obtain a seat in chambers from which he can try to build up a practice, knowing that, times will probably be hard for a few years. He has to meet his own expenses, cover his own holidays and buy his own (very expensive) sick-pay insurance. In return he gets the satisfaction of wearing a wig, and of being self-

23

employed. Doubtless also, being a barrister still sounds a much more glamorous occupation than being a solicitor.

Notes

legal profession – юридическая профессия; barrister – адвокат, выступающий в суде; solicitor – поверенный;

do the courtwork – выполнять работу в суде; do theofficework – выполнять работу в конторе;

represent a client at a full hearing – представлять клиента наполном слушании; acquiring a knowledge of the theory and practice – приобретение знаний по теории и практике;

onerous – обременительный;

officer of the court – судебный исполнитель;

have duties to the court – иметьобязательства перед судом; override – превышать;

witness box – место для дачи свидетельских показаний; confess aguilt – признатьвину;

offence – правонарушение;

give evidence – давать свидетельские показания; innocent – невиновный;

draft – составлять проект;

pleadings – состязательные бумаги, которыми обмениваются стороны на предварительной стадии судебного процесса;

court proceedings – рассмотрение дела в суде;

trust deed – акт учреждения доверительной собственности; legal documents – юридические документы;

litigation – судебная тяжба;

qualify as asolicitor – получить квалификацию поверенного; trainee – практикант;

legal education – юридическое образование; legal practice – юридическая практика.

Topic:HumanRights1

The concept of human rights has existed under several names in European thought for many centuries, at least since the time of King John of England. After the king violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerated a number of what later came to be thoughtof as human rights. Among them were the right of the church to be free fromgovernmental interference, the rights of all free citizens to own and inherit property and be free from excessive taxes. Magna Carta established principles of due

1 Миньяр-Белоручева А. П., Миньяр-Белоручев К.В. Английский язык. Учебник устного перевода. ─ М.:

Экзамен, 2003. ─ с. 111.

24

process and equality before the law and it also contained provisions forbidding bribery and official misconduct. The political and religious traditions in other parts of the world also proclaimed what have come to becalled human rights,calling on rulers to rule justly and compassionately, and delineating limits on their power over the lives, property, and activities of their citizens. In the United States, a bloody war over slavery came close to destroying a country founded only eighty years earlier on the premise that, "all men are createdequal."

The women's rights movement succeeded in gaining for many women the right to vote. National liberation movements in many countries succeeded in driving out colonial powers. The modern human rights movement didn't invent any new principles. It was different from what preceded it primarily in its explicit rejection of political ideology and partisanship, and its demand that governments everywhere, regardless of ideology, adhere to certain basic principles of human rights in their treatment of their citizens. This appealed to a large group of people, many of whom were politically inactive, not interested in joining a political movement, not ideologically motivated. They were simply outraged that any government dared abuse, imprison, torture, and often kill human beings whose only crime was in believing differently from their government and saying so in public. They took to writing letters to governments and publicising the plights of these people in hopes of persuading or embarrassing abusive governmentsintobetterbehaviour.

Подберите из правой колонки синонимы к словам, расположенным в левой колонке.

The European Court of Human Rights

Article 38 provides that the European Court of Human Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the same state.

Under Article 39 the members of the court shall be elected by the Consultative Assembly by a majority of the votes cast from a list of persons nominated by the members of the Council of Europe. The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurists of recognized competence. Members of the court are elected for nine years.

Article 43 provides that for the consideration of each case brought before it the court shall consist of a chamber composed of seven judges. There shall sit as an ex officio member of the chamber, the judge who is a national of any state party

25

concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge.

Only the High Contracting Parties and the Commission have the right to bring a case before the court. An individual applicant cannot initiate proceedings or plead his case.

Under Article 45 the jurisdiction of the court shall extend to all cases concerning the interpretation and application of the present convention which the High Contracting Parties or the Commission shall refer to it, providing that the High Contracting Parties have declared that they recognize as compulsory the jurisdiction of the court in all matters concerning the interpretation and application of the present convention.

Notes

provide – обусловливать; elect – выбирать;

majority of the votes – большинство голосов; the Council of Europe – Европейскийсовет; highjudicial office – высокая судебнаяинстанция; chamber – палата;

ex officio – по должности; extend to – распространяться на; compulsory – обязательный.

Topic:Legal Vocabulary

Ex 1. Дайте перевод юридическим терминам:

1.Offence

2.Crime

3.Misdemeanor

4.Pettyoffence

5.Homicide

6.Manslaughter

7.Murder

8.Assassination

9.Suicide

10.Kidnapping

11.Arson

12.Theft

13.Burglary

14.Shoplifting

15.Pickpocketing

16.Robbery

17.Mugging

18.Drunken driving

26

19.Speeding

20.Terrorism

21.Bribery

22.Perjury

23.Blackmail

24.Forgery

25.To rob

26.To steal

27.To commit a crime

28.To accuse a person of a crime

29.To plead guilty/not guilty

30.To defend

31.To prosecute

32.To pass a verdict on an accused man

33.To sentence to a punishment

34.To acquit

35.To fine

36.To send to prison

37.To release from prison

38.Trial

39.Case

40.Court

41.Evidence

42.Proof

43.Verdict

44.Judge

45.Jury

46.Punishment

47.Community service

48.Probation

49.Fine

50.Death penalty

51.Life imprisonment

52.Correctional institution

53.Victim

54.Innocent

55.Guilty

56.Witness

57.Parole

Task № 1. Распределите слова по их значениюна следующие две группы:

–crimes:

–punishment:

27

Task № 2. Найдите лишнее слово в каждой строчке:

1)murder – assassination – perjury– homicide – manslaughter

2)robbery – shoplifting – theft – speeding

3)judge – jury – lawyer – barrister – theft

4)arson – robbery – mugging – pickpocketing

5)fine – flogging – death penalty – acquit

Task № 3. Заполните пробелысоответствующимитерминами:

Terrorism_______________________________________________________

Blackmail_______________________________________________________

Mugging________________________________________________________

Forgery_________________________________________________________

Topic: The Legal System in the United States

The legal system in the United States is similar in many ways to the English system. One of the main differences is the existence of the United States Constitution which is interpreted by the highest court, the Supreme Court. The nine Supreme Court judges are appointed by the President and approved by the Senate. They can only be removed from office by impeachment.

Federal judges are appointed for life by the President. They deal with federal law, which applies to the сountry as a whole, and with important cases involving citizens from different states. State judges hear cases involving the law of a particular state. They hold office for ten years and are usually elected or confirm in office by election.

The number of people who make up a jury varies from state to state, but efforts are made to ensure that they represent a fair cross-section of society. Both the defense and the prosecution are allowed to reject a certain number of jury candidates. The defendant in criminal case has the right to be tried by a jury, and many civil cases are heard by a jury. The task of the jury is to decide whether the defendant is innocent or guilty.

The attorneys represent clients in court. They have been trained at law schools and are licensed to practice only in certain states. If they wish to practice in a different state they may have to take another exam. The prosecution attorney is

28

appointed by the District Attorney to prosecute the defendant. The defense attorney will be provided by the Public Defender’s Office if the defendant cannot afford to engage his own lawyer. The prosecution may agree to charge the defendant with a less serious offence if he or she agrees to plead guilty. This is known as plea bargaining.

Topic: JuvenileDelinquency

1. Topical Vocabulary

armed-robbery, bullying, correctional institution, custody, drug-addict, dysfunctional family, innocent, to mug/mugging, murder, misuse, offence, to steal, punishment, victim.

2.Improve your writing (вставьте пропущенные буквы):

1.p_n_s_m_nt

2.s_ _a_

3.ar_ _d r_b_ _ry

4.bu_ lyi_g

5.in_o_e_t

6.m_g_i_g

3.Прочитайте текст и подберите подходящий заголовок: a) victims of bullying

b)youngsters

c)juvenile delinquency

d)correctional institution

e)suicide terrorists

Crime is getting younger all over the world. One hears about drug-addicts who have barely reached school age; there are street gangs which include young children, usually with an adult leader. Teenagers today commit all the serious crimes like armed-robbery with violence, murder, sexual offences. The reasons are usually neglect in the family or a dysfunctional family, history of violent behaviour among the relatives, drug and alcohol misuse, bad neighborhoods and peer pressure. Bullying at school and in the street is quite common, and it is hard to take measures against it unless the victim appeals to responsible adults like parents and teachers for help. Very often, when a group of youngsters is caught after a mugging, it becomes clear that ignorance is another reason for crimes: children do not know that they are liable for prosecution even if they are underage. Teens may steal a car, joyride in it and abandon it later, and claim that they did it “just for fun”. They are surprised when they learn that their parents have to pay for the damage done, or that they have to work a set number of days for the community as punishment.

Sometimes one such occasion is enough to teach a child not to become an offender. However, when a youngster is caught after committing the same or a different

29

offence again and again, stricter measures are taken. Young people may even be sent to a correctional institution, and then go to prison when they become of age. Today, we hear about suicide terrorists who are very young, and who become “live bombs”, killing themselves and a lot of innocent strangers for religious causes. It is clear that they are not the masterminds of such crimes, and it is the adult terrorists sending them to senseless death who have to be stopped.

The most recent law in the UK states that a young criminal over the age of 18 may be tried by the court of law. A juvenile delinquent is a child or a young person under the age of 18 who shows no concern for other people or behaves in a criminal way. Young people who misbehave seriously or are criminals are not put into prison but may be sent to a special school to be educated or trained, to try to prevent them from committing a crime again. If it is a first offence and no great harm was done, the court decides who gets custody of a child and what measures should be taken to help them.

4. Find 8 reasons why teenagers commit crimes:

1_____________________ 5_______________________

2_____________________ 6_______________________

3_____________________ 7_______________________

4_____________________ 8_______________________

5. Find in the text the names of crimes committed by teenagers

Topic: Alternatives to Prison

What sort of sentence can you receive if you are found guilt? The English System gives the magistrate or the judge a lot of freedom in deciding on the sentence depending on exact circumstances of the crime and criminal.

The lightest sentence possible is community service. This means that you do unpaid work for a fixed number of hours (between 40 and 240) on jobs such as painting hospital buildings or gardening for elderly people.

You can be put on probation for a certain period of time. You have to visit your probation officer every week and keep out of trouble. There can be other conditions, for example, you have to accept treatment for drug addiction.

You may have to pay a fine. For smaller things like driving offences, the fines are usually fixed amounts of moneyperhaps 40 pounds for parking in a wrong place.

30