1. Составьте предложения, используя следующие слова и словосочетания:

to commit / a crime / a suicide / a murder / to give evidence/ an opinion/ notice/ time/ the benefit of the doubt / to draft pleadings / contracts / trust deeds / legal documents / a letter to the bank manager / a report

*2. Соотнесите слова в левой колонке с их определением в правой.

1. to represent a client a. to give the power, means or right to

2. a full hearing do something

3. to enable b. a condition that makes it necessary for

4. an obligation someone to do something

5. a conduct c. to admit (a fault, crime or smth

6. to confess wrong that one has done)

7. to commit d. behavior

8. evidence e. a trial of case before a judge at which

9. innocent witnesses are heard

f. to act or speak officially for another person or group of persons

g. to do smth wrong or illegal h. not guilty of a crime or sin

i. the answers given in a court of law

3. Заполните пропуски в предложениях. Предварительно внимательно прочитайте определения следующих терминов.

legal, lawful, legitimate

Any action which is allowed by law is legal: It's legal for people over 18

to buy alcohol.

Legal also means "connected with the law": the legal profession.

Lawful means "existing according to law": lawful marriage and suggests

that the law has moral or religious force

Legitimate means "accepted by law, custom or common belief ": the

legitimate government

.1. She is the owner of the property.

2. Is the procedure perfectly ?

3. The company intends to take action.

4. The Crown Prince has a claim to the throne.

5. The defendant applied for aid.

6. Schooling is a requirement for children over five

yeas old in Britain and the USA.

7. He was attacked while going about his business.

*4. Соотнесите словосочетания и их английские эквиваленты.

1. возбудить дело в суде a. to carry a case

2. обсуждать дело в суде b. to bring a case

3. проводить судебное дело с. to drop a case

4. представить дело суду d. to close a case

5. прекратить дело е. to initiate a case

1. отказаться от иска, f. to argue a case от обвинения

1*10

5. Ответьте на вопросы.

1. What are the main types of legal profession in Great Britain?

2. What duties to the client and to the court do solicitors have?

3. What kind of paper work do barristers do?

4. What is the usual way for solicitors and barristers to build up a practice?

Text 2

THE AMERICAN LEGAL PROFESSION

The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.

In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of f work done by lawyers.

Attorney

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer will need to engage in factual investigation.

With respect to each of these roles, the lawyer will do the following:

Counselor: Attorney will help advise the client how to order the client's affairs.

Negotiator: Lawyer will work with opposing counsel to try to get a favorable resolution for the client. The art of negotiation involves many tech­niques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or offered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.

Fact Investigator: All of the lawyer's roles require the investigation of relevant facts, including locating and interviewing witnesses.

A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.

Judge

The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.

ill

Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote. Jury

The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive instructions from the judge as to the law, and its members will assess the facts as they perceive them in light of the law, as instructed, to return a verdict.

Notes

attorney — поверенный

counselor — адвокат(США)

negotiator - посредник

litigator — сторона в судебном процессе

engage in factual investigation — заниматься фактическим

расследованием

order the client's affairs — приводить в порядок дела клиента get a favorable resolution — добиться благоприятного решения the art of negotiation — искусство ведения переговоров retain the right — сохранять право accept — принимать reject — отклонять motion — ходатайство locate — устанавливать местонахождение be charged with the duty — иметь обязательства maintain order — поддерживать порядок assess the facts — оценивать факты perceive — понимать, осознавать in the light of the law — в свете закона return a verdict — вынести вердикт

Упражнения