Discussion

1. Dwell on the following issues:

• history of the Jury system;

• types of legal cases decided by a jury;

• requirements citizens are to meet to be eligible for juror service;

• the essence of the legal notions: “to decide the facts” (questions of fact) and “to decide the law” (questions of law);

• the aim of the questioning called “voir dire”;

• grounds on which a juror can be challenged;

• the role of the judge in cases decided by the jury;

• whether there is a jury system in Belarus and whether it is similar to the system described above.

2. Point out advantages and disadvantages of the jury system. Discuss them in pairs.

3. Agree or disagree with the statement:

“When you go into court, you are putting your fate into hands of 12 people who weren’t smart enough to get out of jury duty”. (Norm Crosby)

4. How might the following characteristics of the jurors affect their impartiality? In whose favour is the jury likely to be biased:

• the juror is married to the defendant’s cousin;

• the defendant is a young black female and the jury is composed of white middle-aged men;

• the juror is a mother of three young children and the defendant is accused of molesting a five-year-old child;

• the juror has been convicted of several motoring offences and the defendant is accused of dangerous driving?

5. Presume you are a judge on an appellate court. An attorney is appearing before you claiming that new evidence has been discovered that would reverse the result of a recent trial in a lower court and produce instead a holding in his client’s favour. Which of the following factors do you consider important in determining whether or not to grant the new trial:

• the severity of the effect of the result of the loser;

• whether it was a criminal or civil trial;

• how easy it was to find the new evidence;

• the workload of the lower court;

• the likelihood the new evidence would alter the original result?

6. Sum up your knowledge of the appeal systems in England, the USA and in Belarus to compare the following:

• the Supreme appeal body;

• grounds for lodging an appeal;

• covering expenses.

UNIT 5

Lawyers at work

LIST OF WORDS

attorney	magistrate (n)
public prosecutor	to charge the defendant (or accused) with…
barrister	to investigate
solicitor	loophole
the right of audience	the judiciary
will	bench
litigation	magistrate
legalese	recorder
background	clerk
ambiguity	legitimacy
omission	integrity
replevin	impartiality
nuisance	experience at the bar
consideration	to bridge the gap
painstaking	sentencing
conveyancing	conventional litigation
practitioner	conciliation
to conduct pre-trial work	mediator
advocacy	lay judges
to seek a legal remedy	conveyancing
to conduct a case	probate
to practice at the bar / at the bench	general litigation
to enter into a contract	pre-trial work
to have a right to be heard	advocacy

Ex. 1. Complete the missing forms

Noun	Verb	Adjective
1. prosecutor 2. —	—	—
—	qualify	—
—	—	experienced
1. judge 2. —	—	—
—	argue	—
1. — 2. —	—	various
omission	—	—
—	distinguish	—
survival	—	—
—	—	ambiguous
1. claim 2. —	—	—
1. — 2. —	arbitrate	—

Ex. 2. Look through the list of the derivatives of the word “law” and supply them in the sentences below.

a law, lawful, lawfully, lawless, lawlessness, lawyer

1. We cannot tolerate such ______ behaviour.

2. Many doctors want to see ______ banning all tobacco advertisements.

3. The widespread atmosphere of ______ has caused chaos and insecurity.

4. Judge Keenan concluded that the surveillance had been ______.

5. Jake Coker, ______ for a number of those detained, said yesterday that she would be making applications for habeas corpus.

6. Such a policy could not ______ be adopted.

Ex. 3. Match synonyms from columns A and B.

A (from the text)	B
1. affair	a) charge, protest, criticize, find fault
2. eliminate	b) realize, fulfil, put into action
3. various	c) case, matter, concern
4. complain	d) vague, obscure, doubtful
5. reason	e) attempt, endeavour, try
6. implement	f) different, diverse
7. loophole	g) evasion, trick
8. effort	h) exclude, remove, abolish
9. ambiguous	i) define, classify
10. distinguish	j) cause, motive, grounds
11. eventuality	k) lapse, error, blunder
12. omission	l) possibility, chance, prospect

Ex. 4. Supply an appropriate preposition for each blank space.

In most countries, once a lawyer is fully qualified he receives a certificate proving his right to sell his services. There are also insurance provisions so that if a lawyer is ever successfully sued ¹⁾ ___ a client ²⁾ ___ professional incompetence there will be funds available to enable him to pay damages — which may be extremely large ³⁾ ___ the case ⁴⁾ ___ lawyers dealing ⁵⁾ ___ property transactions. Even if a lawyer is very competent, he must take care not to break the many rules ⁶⁾ ___ procedure and ethics set ⁷⁾ ___ the body which regulates his profession ⁸⁾ ___ England, the body regulating the conduct ⁹⁾ ___ solicitors is the Law Society. Among other things, it sets rules ¹⁰⁾ ___ lawyers accounting procedures and investigates complaints ¹¹⁾ ___ lawyers ¹²⁾ ___ their clients. There is also a Solicitor’s Disciplinary Tribunal ¹³⁾ ___ the power to suspend or even disqualify. Since its members are themselves solicitors some people fear then that it may not be completely impartial. But members ¹⁴⁾ ___ the public do, of course, have the right to sue their solicitor, for example ¹⁵⁾ ___ an action ¹⁶⁾ ___ negligence.

Ex. 5. Complete the sentences with prepositions.

1. High Court judges are appointed ___ the Queen ___ the recommendation ___ the Lord Chancellor.

2. There are many reasons ___ the increase ___ crime.

3. Lawyers ___ considerable experience can be appointed ___ the judiciary.

4. The constitution is based ___ the separation ___ powers.

5. The Attorney-General is responsible ___ prosecution policy.

6. The judge advises the jury ___ the relevant law.

7. In a civil case the jury must decide ___ the amount of damages.

8. Less than 1 per cent of all criminal cases result ___ a jury verdict.

9. People ___ age 18 are qualified ___ jury service.

10. A nurse may excuse herself ___ jury service.

Ex.6. Match the words and word combinations in both columns:

A	B
1. judiciary	a) место, где сидят судьи во время процесса
2. bench 3. magistrate	b) мировой судья с юрисдикцией по уголовным и гражданским делам
4. recorder	c) должностное лицо, служащий
5. clerk	d) судейский корпус
	e) мировой судья

Ex. 7. Match the words with their definitions and learn them.

prosecutor, judge, barrister, solicitor, legalese, painstaking, eventuality, loophole, ambiguous, litigation

1. A lawyer in Britain, Australia, etc. who is qualified to argue a case in higher and lower law courts.

2. Having or expressing more than one possible meaning, sometimes intentionally.

3. A person who is in charge of a trial in a court and decides how a person who is guilty of a crime should be punished, or who makes decisions on legal matters.

4. A legal representative who officially institutes criminal proceedings on behalf of the Crown / the State and accuses someone of committing a crime, esp. in a court of law.

5. Formal language which is similar to the language in which legal documents are written and is difficult to understand.

6. The cause (an argument) to be discussed in a law court so that a judgement can be made which must be accepted by both sides.

7. Extremely careful and correct, and using a lot of effort.

8. A chance to avoid doing something or to do something, esp. because of a mistake in the way rules or laws have been written.

9. A type of lawyer in Britain and Australia who is trained to give advice about the law and sometimes to represent people in court.

10. Something unpleasant or unexpected that might happen or exist in the future.

Ex. 8. Compare the definitions of the following words:

PROSECUTION

1. a) the conducting of criminal procedures in court against a person;

b) the conducting of any lawsuit.

2. the State as the party that institutes and carries on criminal proceedings in court.

PERSECUTION

1. harassment or being constantly harassed so as to injure or distress;

2. cruel oppression, esp. for reasons of religion, politics or race.

Choose one of the above words to complete the sentences:

1. It was concluded that refugees from much of Iraq no longer face ______ if they return voluntarily.

2. The ______ built its case, claiming only two shots were fired.

3. He assisted in the ______ of Jews and other civilians from 1943 to 1945.

4. The ______ opposed the move and accused the journalists of using delaying tactics.

5. The son of the man accused of killing a 7-year-old boy appeared as a reluctant ______ witness.

6. Today 35 million people worldwide are fleeing war or ______.

Ex. 9. Complete the text with the words from the box:

bench, barristers, magistrates, jury, judiciary, prosecutor, recorders, clerk, judges

The ¹⁾ ______ are perhaps the most prominent amongst those involved in running the court. The largest group of ²⁾ ______ are ³⁾ ______, ordinary citizens who are not legal professionals but appointed to ensure that the local community is involved in the running of the legal system. They sit as a group of three (as a “⁴⁾ ______”). Magistrates sit with a legally qualified ⁵⁾ ______, who can advise on points of law. A case is presented by the ⁶⁾ ______, who takes over the case from the police who have already charged the defendant (or accused) with specific crimes.

In the upper courts, the judges are almost all former ⁷⁾ ______. But many cases are also heard by ⁸⁾ ______ — part-time barristers from private practice. The Crown Court ⁹⁾ ______ consists of 12 persons, aged 18 to 70.

Ex. 10. Many words which are used in everyday language can have a different meaning when they are used in legal contexts. Fill the gaps in the sentences with the words given below. Consult a dictionary to find a suitable meaning of the suggested words.

fit, express, provides, addressed, prefer, found, relief, instant, held

1. The problem of long delays will have to be ______.

2. The prosecutor was asked to ______ charges against the suspected thief.

3. The House of Lords ______ that the defendant was liable.

4. The magistrates saw ______ to punish the defendant with imprisonment.

5. The House of Lords held that the precedent did not apply in the ______ case.

6. The statute ______ for the compulsory wearing of seat belts.

7. The prisoner gave ______ instructions to his solicitor.

8. A majority of the Court of Appeal ______ for the appellant.

9. The judge refused to grant ______ to the plaintiff.

Ex.11. The legal training for solicitors (who provide general legal advice to clients) and barristers (who present cases in the upper courts) is different. The following short texts describe the stages of legal training, but they are mixed up. Put the steps into the correct order.

1. PRACTICE AND CONTINUING EDUCATION.

The next stage is to obtain a “tenancy”: becoming an assistant to a practicing barrister.

2. GETTING THE QUALIFICATIONS.

The next step is to acquire some legal training specific to the work of a barrister.

3. DEVELOPING PRACTICAL SKILLS

Next the intending solicitor has to enter a two-year training contract with a firm of solicitors to gain practical experience in a variety of areas of law.

4. GETTING THE TRAINING AND EXPERIENCE: PUPILAGE.

This is the “apprenticeship” served by trainee barristers, who are known as pupils. It usually takes a year and consists of a mixture of assisting and observing experienced barristers, as well as more practical experience.

5. GETTING THE ACADEMIC QUALIFICATIONS.

The quickest and most common route to qualification is by means of a qualifying law degree.

6. GETTING THE VOCATIONAL QUALIFICATIONS.

You will have to undertake the Legal Practice Course, which is the professional training for solicitors. The course teaches the practical application of the law to the needs of clients.

7. GETTING THE ACADEMIC QUALIFICATIONS.

The first part of training to become a barrister is known as the academic stage, which provides a general theoretical introduction to the law.

Ex. 12. Below is a list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.

1. advising clients on general legal issues

2. advising clients on specialist legal issues

3. advising on tax matters

4. dealing with commercial transactions

5. advising on litigation

6. making wills

7. advocacy in lower courts

8. drafting of documents in connection with litigation

9. preparing cases

10. advocacy in all courts

Solicitors	Barristers

Ex. 13. Look through the list of words "people in a law court" and supply the sentences with required words. Make necessary changes. Mind that there are odd words in the list.

accused, defendant, plaintiff, barrister, attorney, witness, judge, jury, juror, prosecutor

1. In a Crown Court trial there are twelve ______.

2. The ______ were all found guilty.

3. The key ______ for the prosecution was offered police protection after she received death threats.

4. The main argument in a civil court is about the amount of money which the defendant should pay to the ______.

5. The ______ has been unable to return a verdict.

6. His plea of guilty to manslaughter was not accepted by the ______.

7. ______ hardy has been criticized for the sentence he passed.

8. A ______ specializes in arguing cases in front of a judge and has the right to be heard.

Ex. 14. Translate the following sentences into English. You may need to refresh your knowledge on the use of modal verbs.

1. Должно быть, обвиняемый не понял вопрос.

2. Возможно, свидетель слишком разнервничался при виде присяжных заседателей.

3. Скорее всего, показания свидетеля со стороны защиты не удовлетворили присяжных.

4. Вероятно, суд начнется через неделю.

5. Может быть, они еще не получили постановление суда.

6. Должно быть, члены банды возложили всю вину на главаря.

Read the text. Make notes of its main points.

TEXT 1