Other systems

The countries whose laws are based on the system of Roman law (civil law countries) nearly all have a career judiciary. Becoming a judge in Portugal, France or Japan, for example, requires graduating at the top of the law school class and then passing a rigorous examination for entry into the judiciary. There follows a training course of several months’ duration at judicial training centres (academies). More difficult exams follow. Then comes training in the field, during which the student judge renders nonbinding decisions in the presence of senior judges who actually decide the case. These decisions are evaluated. If the candidate has not flunked out by now, he or she goes back to the centre or the academy for further training, more examinations, and ultimately an appointment to a small court somewhere in the countryside.

Explain the meaning of the following phrases and word combinations from the text:

1. judges are molded by their culture, 2. experience at the bar, 3. lay judges, 4. partisan elections, 5. to bridge the gap, 6. to educate freshmen judges, 7. to have a career judiciary, 8. the candidate has not flunked out.

Answer the questions:

1. What qualities of a judge are recognized across the world?

2. Why does the preparation judges receive for their work vary a great deal in different countries?

3. What procedures are necessary to become a judge?

4. What approaches to judicial education are typical of different legal systems?

Read the text and get ready to discuss it.

TEXT 4

Alternative dispute resolution

Alternative dispute resolution suggests a variety of techniques for resolving disputes without the need of conventional litigation. It may include mini-trial (a shortened simplified form of court hearing), informal methods of arbitration and structured forms of conciliation using a specially trained mediator acting as a go-between.

In the field of commerce many parties prefer to refer their disputes to arbitration rather than to have them resolved in court. The parties agree to place their dispute in the hands of an independent third party and invest him with the power to decide the issue. The main advantages of arbitration are that the proceedings are in private and that the arbitrator will have special knowledge of the particular trade or business. Arbitration may also be faster and cheaper than court procedure, but this is not necessarily the case, since it may take several months for the parties to agree on an arbitrator and arrange proceedings, and arbitrator’s and lawyer’s fees can be very high. The parties may appoint any person they wish to act as arbitrator. Lawyers are often appointed, but in some cases a person with relevant technical knowledge is appointed.

An arbitrator is bound to apply the law accurately, he is subject to extensive control of the courts, with respect to both the manner in which the arbitration is conducted and the correctness of the law applied. The judgement of an arbitrator is called his award and is subject to an appeal to the high Court on a question of law.

Consent to arbitration by a state can be given in three ways:

• By inclusion of a special arbitration clause in a treaty;

• By a general treaty of arbitration, which arranges arbitration procedures for future disputes;

• By a special arbitration treaty designed for a current dispute.

Complete the line of synonyms with the word from the text.

1. customary, habitual, traditional, ____________

2. appeasement, pacification, ____________

3. intermediary, moderator, ____________

4. dependent, subordinate, ____________

5. decision, judgement, verdict, ____________

6. permission, approval, sanction, ____________

Answer the questions:

1. What types of alternative dispute resolution can be used instead of conventional litigation?

2. What are the main advantages of arbitration?

3. To what control is the arbitrator subject?

4. What are possible variants to conduct arbitration?