Змістовий модуль 2

Тема 1. Професія юриста у Великій Британії, США та Німеччині.

Тема 2. Судова система та її структура. Система судових органів України, Великої Британиї та США.

Тема 3. Порівняльна характеристика системи судових органів України, Великої Британиї та США. Правосуддя та судочинство.

Тема 4. Система та види покарань. Основні та додаткові покарання. Призначення покарань.

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ENTERING THE PROFESSION

How does someone become a lawyer?

In some countries in order to practise as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, it is not in fact necessary to have a degree, although nowadays most people entering the profession do. The main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitor). Someone with university degree in a subject other than law needs first to take a preparatory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, lawyers will tell you that the time they spend studying for their law finals was one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized. In Japan, where there are relatively few lawyers, the examinations are supposed to be particularly hard: less than 5 % of candidates pass. Even after passing the examination, though, a lawyer is not necessarily qualified. A solicitor in England, for example, must then spend two years as an articled clerk, during this time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.

The rate at which the legal profession grows is terrific. In 21^st century the number of lawyers will probably outpace the rate of population growth.

Vocabulary notes

the Bar Final examination	іспит, що складають при вступі в Колегію Адвокатів
the Law Society Final examination	іспит, що дає право бути членом Товариства юристів (професійного союзу солісітерів)
articled clerk	клерк-стартер (без платні)
finals	випускні іспити

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The personnel of the law

Judges

Judges are normally appointed from practising barristers, (advocates in Scotland) or solicitors.

High Court judges, circuit judges and recorders are appointed by the Queen on the recommendation of the Lord Chancellor. District judges are appointed by the Lord Chancellor. Circuit judges and district judges are appointed through a competitive procedure including an interview before a panel which makes recommendations to the Lord Chancellor. Over the next few years, this procedure for making appointments is to be extended to all judicial posts below the level of the High Court.

Circuit judges, who preside in county courts and the Crown Court, are appointed from barristers or solicitors who have held a right of audience in the Crown Court or county courts for at least ten years or from recorders with at least two years’ experience. Recorders are part-time judges in the Crown Court and county courts and are appointed from among those barristers or solicitors who have held a right of audience in the Crown Court or county courts for at least ten years; they are expected to sit for at least 20 days a year but no more than 50. High Court judges are appointed from practitioners who have held a right of audience in the High Court for at least ten years, or for among circuit judges who have served for at least two years.

Court of Appeal judges are appointed by the Queen on the recommendation of the Prime Minister, usually from among High Court judges. The Law Lords (in the House of Lords) are usually appointed from among Court of Appeal judges or the Scottish equivalent.

In Scotland, Supreme Court judges, sheriffs principal and sheriffs are appointed by the Queen on the recommendation of the Secretary of State for Scotland. They are chosen from advocates or solicitors who have had many years experience as practitioners in the Supreme or sheriff courts.

Lay magistrates in England and Wales need no legal qualifications but are trained to have sufficient knowledge of the law, including the rules of evidence, and of the nature and purpose of sentencing.

The Scottish district court justices of the peace need no legal qualifications, but they too must take part in training. Stipendiary magistrates are legally qualified.

In Northern Ireland all full-time judges and resident magistrates are appointed by the Queen and are drawn from the legal profession. Members of a lay panel who serve in juvenile courts undertake training courses.

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The Lord Chancellor

The Lord High Chancellor of Great Britain, more usually known as the Lord Chancellor, ranks eighth in order of precedence in England after the Queen: a status which reflects the importance of this position as a Minister of the Crown chiefly responsible for the administration as a Minister.

The Lord Chancellor is appointed by the Queen on the advice of the Prime Minister. The position combines duties which are legislative, executive and judicial: it is therefore an exception to the constitutional doctrine of the “Separation of Powers”.

In this legislative capacity the Lord Chancellor presides over the House of Lords. He or she may take part in its debates and can vote in all of its divisions.

In this executive capacity he or she is a member of the Cabinet, its chief legal and constitutional adviser and one of its representatives in the House of Lords. The Lord Chancellor is responsible for the custody and the use of the Great Seal, which authenticates important legal documents such as Letters Patent.

In a judicial capacity the Lord Chancellor is head of the judiciary and presides over the House of Lords sitting as a court of appeal. He or she is a member of the Judicial Committee of the Privy Council, is head of the Chancery Division of the High Court and a member of the Court of Appeal. However, the Lord Chancellor never sits as a judge other than in the House of Lords and the Judicial Committee of the Privy Council. The Queen is advised on the appointment of puisne judges of the High Court, circuit judges and recorders. Magistrates and the chairmen of certain administrative tribunals are also appointed by the Lord Chancellor.