Unit 5 Types of Legal Professions

Task 1. Read the texts.

England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers.

Solicitors

If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. In fact there are at least 50,000 solicitors in Britain, and the number is increasing. They make up the largest branch of the legal profession in England and Wales. They deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also deal with petty crimes and some matrimonial matters in Magistrates' Courts. They prepare the case and the evidence. They may speak in Court for you.

In a civil action they can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes.

To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him while studying part time for the «Law Society» exams.

It is not necessary to go to University when you have passed all the necessary exams, you can start business on your own.

Barristers

There are about 5,000 barristers who defend or prosecute in the higher courts.

Barristers specialize in representing clients in court. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy. Barristers are rather remote figures. They do not have public offices in any street. They work in what are known as chambers, often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs.

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To qualify as a barrister you have to take the examinations of the Bar Council. The highest level of barristers have the title QC (Queen's Councel).

Only barristers can become judges in an English Court above a Magistrates' Court.

Judges. Magistrates

In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. 7Ъеу are called «Magistrates», or «Justices of the Peace» (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have «sound common sense» and understand their fellow human beings. They give up time voluntarily.

A small proportion of judges are not Magistrates. They are called «High Court Judges» and they deal with the most serious crimes for which the criminal might be sent to prison for more than a year. High Court Judges are paid salaries by the State and have considerable legal training.

Jury

A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register. The jury listen to the evidence given in court and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.

Coroners

Coroners have medical or legal training (or both), and investigate violent or unnatural deaths.

Clerks of the Court

Clerks look after administrative and legal matters in the courtroom.

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Task 2, Learn the following words and expressions. Make your own sentences with them.

1. a solicitor– поверенный, нотариус	2. to make a will- составлять завещание
3. a barrister- адвокат	4. to defend- защищать
5. to prosecute- преследовать судебным порядком	6. a petty crime- мелкое преступление
7. a matrimonial matter - брачное дело	8. evidence- свидетельское показание
9. to recover debts — возвращать долги	10. advocacy- защита, адвокатура
11. to belong to- принадлежать	12. a judge- судья
13. to commit a crime- совершить преступление	14. Justice of the Peace – мировой судья
15. a citizen- гражданин	16. a magistrate- магистрат, мировой судья
17. a criminal- преступник	18. a prison- тюрьма
19. jury- присяжные	20. a juror- присяжный заседатель
21. to vote- голосовать 23. guilty - виновный	22. a defendant - обвиняемый, ответчик
23. guilty - виновный	24. innocent - невиновный
25. punishment- наказание	26. to preside- председательствовать
27. a clerk- клерк, служащий

Task 3. Give the Russian equivalents to the words below:

Is almost unique; the legal system; to go and see a solicitor; at least; all the day-today work; petty crimes; the evidence; to recover some debts; to represent clients in court; an expert in the interpretation of the law; the vast majority of judges: are chosen at random: the presiding judge; violent or unnatural deaths; to investigate.

Task 4. Find in the text the English equivalents for the following words:

- правовая проблема	-	составлять завещание
- брачные дела	-	дело о разводе
- защищать	-	преследовать судебным порядком
- эксперт по адвокатуре	-	совершить преступление
- мировой судья	-	выслушать свидетельские показания
- признан виновным	-	наказание

Task 5. Choose the correct definition for each legal profession mentioned in the text

1. an officer acting as a judge in the lower courts.

2. a public official with authority to hear and decide cases in a law court.

3. a group of people who swear to give a true decision on issues of in a law court.

4. an official who investigates the cause of any death thought to be violent or unnatural causes.

5. a lawyer who has the right to speak and argue in higher law courts.

6. a lawyer who prepares legal documents, advises clients on legal and speaks for them in lower law courts.

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Task 6. Match each word or expression on the left with the correct definition on the right.

a) witness	1. everything witnesses say in court: facts, etc
b) cross-examine	2. where witnesses stand in court
c) witness-box	3. someone who sees a crime or an accident
d) evidence	4. ask all witnesses involved in a case questions
e) defence	5. to say something happened though the fact hasn't been proved yet
f) allege	6. all the evidence, facts, things, etc that a solicitor can use to prove a man is not guilty

Task 7. Chose the right preposition (at, with, in, for, by, of, up, from).

1. Many problems are dealt ... by a solicitor.

2. Almost every town has ... least one solicitor.

3. The solicitor wears a black gown ... the County Court.

4. The vast majority ... magistrates are unpaid.

5. Magistrates give ... time voluntarily.

6. Jurors are chosen ... random ... the Electoral Register.

7. Solicitors prepare legal documents ... buying and selling

8. The punishment is passed ... the presiding judge.

Task 8. Is it true or false?

1. There are about 5 000 solicitors in England and Wales.

2. Barristers defend or prosecute in the higher courts.

3. A jury consist of ten people.

4. Petty crimes and some matrimonial matters are dealt with by solicitors.

5. To qualify as a solicitor you must go to University.

6. Solicitors as well as barristers can become judges in an English Court above a Magistrates' Court.

7. There are about 30 000 magistrates who judge cases in the lower courts.

Task 9. Answer the questions.

1. What is almost unique about the English legal system?

2. What kind of problem does a solicitor deal with?

3. What is necessary to qualify as a solicitor?

4. What are barristers experts in?

5. How do you qualify as a barrister?

6. What kind of people are Magistrates?

7. Why are they selected?

8. Who would judge a person who had committed a crime like murder?

9. What are the jury's duties?

10. Whom is the punishment passed by?

11. What kind of training do coroners have?

12. What kind of deaths do they investigate?

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Task 10. Combine the following pairs of sentences into one according to the model.

MODEL: He had a case. A woman stole a post office saving book. - We had

a case of a woman who stole a post office saving book.

a) We had a case. Someone attacked a man.

b) I remember having a case. Three men broke into a house.

c) I've never had a case. A man robbed a bank.

500. A colleague had a case. A young boy took a motor cycle.

Task 11. Make the sentences containing questions according to the model.

MODEL: How many had she taken? Nobody knew. - Nobody knew how

many she 'd taken.

a) How confused was she? It's difficult to say.

b) When had she last had a pill? We couldn't find out.

c) Where had she got the pills? The doctor didn't know.

d) How many things had she stolen? The police couldn't say.

e) How much were the things worth? Nobody asked.

Task 12. Make sentences containing the ing-form according to the model.

MODEL: There was no question of confusion of mind (fining her) - There was no question of fining her.

1. sending her to prison

2. putting her on probation

3. being so soft

4. not punishing her somehow

5. not knowing what she was doing

Task 13. Make sentences containing reported questions according to the model.

MODEL: It depends. How anti-social has their action been? - It depends how anti-social their action has been.

1. It depends. What did he do?

2. You must consider. How much has a man done?

3. It all depends. How many times has a criminal been in prison?

4. I always consider. What is his back-ground?

e) It depends. How serious is the crime?

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Task 14. Make conditional sentences according to the model.

MODEL: People must be punished. If people were not punished crime would increase.

Discipline must be taught. If discipline weren't taught, crime would increase.

a) Things like this must be done.

b) The law must be enforced.

c) Fines must be given.

d) People must be sent to prison.

e) Magistrates must be firm.

Task 15. Read the text, learn the active vocabulary under it and answer the questions.

The Innocent and the Guilty

Imagine, if you can, that you have been arrested for something like shoplifting, or for dangerous driving, or for getting drunk and causing «a disturbance of the peace». You are in a Magistrates' Court now. You, «the accused», are in a kind of large, open box. The sides come up almost to your chin. It is on a raised platform almost in the centre of the court and is called «the dock». You are in the dock. There are three Magistrates «on the bench» in front of you. At least one of them is a woman. They are also on a raised platform, at desks, side by side. In front of and below them there is another man. He is the «Clerk of the Court» and he, unlike them, is trained in the law and is paid for his work. During your case he will follow the administrative details and perhaps give advice to the Magistrates on legal points.

The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what he said, and so on. You solicitor questions, or «cross-examines» him. One of the Magistrates speaking for all three, also asks questions. Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence. «Everyone is innocent unless proved guilty». In other words, you do not have to prove that you are innocent. The police have to prove you are guilty. At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand.

The Magistrate who has done the talking for the others tells you whether they

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A

have found you innocent or guilty. He can sentence you to no more than six months in gaol for one offences or to a fine of 400 pounds.

More serious cases are heard in the Crown Court, where the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a «trial by jury». Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence.

Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and details of the case are given.