UMK_Engl_YurPrud_2012_2013

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1.As a rule, magistrates (may / might) impose a sentence of less than 12 months imprisonment.

2.A lawyer (should / has to) deal with a variety of people and situations.

3.Our graduates (could / can) work as advocates, judges, notaries, and other workers of law enforcement agencies.

4.I think you (must / should) study laws if you want to be a lawyer.

5.Is the profession of an investigator (more / most) popular than the profession of a judge?

6.The barrister for the defence produced (the most strong / strongest) evidence in the trial.

7.This is (the worst / baddest) judge in the town. He is a briber and corrupter.

8.The building of the regional court is (more modern / moderner) than the building of our district court.

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referred convicted based talking giving presented

1.A person … in a magistrates’ court may appeal against its decision to the Crown court.

2.The legal system for England and Wales is … on statute law and common law.

3.The Supreme Court considers cases … from the Court of Appeal.

4.The evidence … by this advocate is very important for the case.

5.Do you see that man … to the prosecutor?

6.Look! This witness is … evidence!

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Judges in Great Britain

A judge is a public offi cial authorized to decide questions brought before a court. The powers, functions, method of appointment, and training of judges vary widely across different jurisdictions.

Judges are chosen from lawyers who gained considerable experience as legal practitioners. In continental systems a law graduate can choose to be a judge at the beginning of his / her career. In Great Britain they cannot. A distinctive feature of the British system is that it does not have law schools training judges.

The vast majority of British judges are magistrates. A small proportion of judges are not magistrates. They are called ‘High Court Judges’ and they deal with the most serious crimes. These are crimes for which the criminal must be sent to prison for more than a year. High Court Judges are paid salaries by the state and have considerable legal training.

The work of judges is not easy. The judge’s decision may frequently affect the interests of individuals and groups of people who are not present in court. That’s why it’s true to say that the judge has burdensome responsibilities to make decisions. But sometimes they can make mistakes. These mistakes can be overruled by appeal courts.

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1.Graduates of our higher school (must / can) work in courts, notary offi ces and other law enforcement organs.

2.A good lawyer (should / may) know human psychology.

3.If you want to make a will, you (should / must) go to the notary offi ce.

4.At what age (may / can) you get a driving license?

5.Brian is the (most / more) intelligent detective in this police department.

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6.Supreme Court is the (most high / highest) court in the country.

7.This job is (gooder / better) than I expected.

8.Murder is a (more serious / seriouser) crime than theft.

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1.The woman … at the door is a judge.

2.We saw the policemen … a criminal.

3.Magistrates are … from local community.

4.There is no single law … the organization of the courts.

5.The Chancery Division … with company law and bankruptcy is one of the divisions of the High Court.

6.All the subjects … at the University are important for future career.

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Judges in Great Britain

Judges are the people who decide what should be done with people who commit crimes. In Britain, the vast majority of judges are unpaid. They are called «Magistrates», or «Justices of the Peace» (JPs). They sit in magistrates’ courts.

They are ordinary citizens who are selected from local community not because they have any legal training but because they have

«common sense» and understand their fellow human beings. They work voluntarily. They are appointed by the Lord Chancellor on the recommendation of local advisory committees.

A case is usually heard by three magistrates who are advised on points of law by the clerk of the court. There are about 30,000 magistrates and they hear over 90 per cent of criminal cases.

Besides, there is a small proportion of district judges in Great Britain. These are full-time paid judges appointed by the Queen on the recommendation of the Lord Chancellor. There are about 100 district judges in England and Wales. They sit in the magistrates’

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courts in the larger cities, particularly, in London. They hear criminal cases, youth cases and also some civil proceedings. District judges usually hear cases alone. Barristers or solicitors of seven years’ experience can be appointed district judges.

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«The Judicial System of the UK» ' «The Profession of a Lawyer»:

The Judicial System of the UK

The structure of the court system in Britain is many-layered. There is no comprehensive law regulating the organization and competence of the courts. The legal system for England and Wales (there are separate ones for Scotland and Northern Ireland) does not have a criminal or civil code. It is founded upon two basic elements: Acts of Parliament or statute law, and common law which is the outcome of past decisions and practices based upon custom and reason.

The courts of Britain are divided into two large groups: criminal courts and civil courts. Besides, there are many special tribunals, for example, industrial tribunals dealing with labour disputes and industrial injury compensation.

CRIMINAL COURTS are magistrates’ courts and Crown courts.

Magistrates’ courts are courts of fi rst instance. They deal with about 95 per cent of criminal cases. There are about 700 magistrates’ courts in England and Wales. They are served by approximately 28,000 unpaid or ‘lay’ magistrates or Justices of the Peace (JPs). who have been dealing with minor crimes for over 600 years. JPs are ordinary citizens chosen from the community. A court normally consists of three lay magistrates who are advised on points of law by a legally qualifi ed clerk. They may not impose a sentence of more than twelve months imprisonment or a fi ne of more than 5,000 pounds, and may refer cases requiring a heavier penalty to the Crown court. A Crown court is presided over by a judge, but the verdict is reached by a jury of twelve citizens, randomly selected from the local electoral rolls. Crown courts try serious cases such as murder, rape, armed robbery, fraud and so on. A person convicted in a magistrates’ court may appeal against its decision to the Crown court.

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CIVIL COURTS include county courts as courts of fi rst instance and the High Court as a higher court. Briefl y, the High Court has: the Chancery Division, dealing with company law, bankruptcy and the administration of estates of those who have died; the Family Division, concerned with family law, divorce, custody of children, etc.; and the Queen’s Bench Division, considering appeals from lower criminal courts, as well as civil matters.

Appeals against decisions of the High Court and the Crown court may be taken to the Court of Appeal with its Criminal and Civil Divisions.

The highest court of the country is the Supreme Court which was established by the Constitutional Reform Act of 2005. This court took over the judicial functions of the House of Lords. Its decisions on both criminal and civil matters are binding for all other courts.

The Profession of a Lawyer in Russia

In any country lawyers play an important role. This profession is one of the most popular, prestigious and highly-paid professions in our country. It is also necessary for regulating social relations in the state.

To be a good specialist a lawyer should know many laws and their proper application. So, would-be lawyers study many subjects important for their future work. They study theory of state and law, civil law, civil procedure, criminal law, criminal procedure, labour law, criminalistics, criminology, and many others. Besides, any lawyer is expected to know human psychology as throughout his / her career a lawyer will meet different people and deal with a variety of situations. That’s why the profession of a lawyer may be considered to be very diffi cult and noble at the same time.

Graduates from higher legal schools usually have a lot of options where to apply their knowledge.

Some lawyers may be appointed to serve as judges. Judges preside in the courtroom, conduct legal proceedings, resolve disputes and pass judgements.

As an advocate, a lawyer acts for the client in court. The lawyer also advocates on behalf of clients in resolving disputes out of court.

The lawyer’s work can include defending those accused of commiting a crime.

A lawyer can work at the Prosecutor’s Offi ce as a prosecutor or a prosecutor’s assistant. He / she should supervise the correct application and observance of the law.

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He / she can also be a notary at the notary offi ce and should be able to perform notary actions such as checking the legality of all the documents before notarizing them.

A lawyer can be appointed as an arbitrator at the Arbitration. He / she should be able to settle disputes between legal persons.

Nowadays there are many careers in law enforcement at Police and Investigative Committee. The main task of law enforcement is to prevent, investigate and solve crimes.

Some lawyers work for companies, enterprises etc, serving as inhouse lawyers. They inform client about legal matters, draft contracts and other documents, mediate and negotiate settlements.

As for me, I decided to become a lawyer because of the family tradition. My father graduated from the Sverdlovsk Institute of Law many years ago and he has been working as a prosecutor since. He told me much about the profession of a lawyer, about his work, about all the pros and cons of being a lawyer. I am sure in my choice. And I want to become a judge and work in a court. I know that under the Constitution of Russia I’ll be able to work as a judge only after graduation from a law higher school, at the age of over 25, having fi ve-year experience in law, and after passing the qualifi cation exam. In this case I can be appointed judge of a district court. In performing my duties I’ll have to be guided by law. In deciding a case I’ll have to examine all the case evidence, interrogate the defendants, interview victims and witnesses, hear the experts’ fi ndings, examine the physical evidence and do many other things. And I’ll have to pass sentence which must be lawful, grounded and just.

The Bar

In accordance with the Constitution, the main task of the Bar is rendering legal assistance to citizens and organizations. The Bar promotes the protection of the lawful rights and interests of citizens and organizations, the administration of justice, the observance of laws.

Advocates are united into professional organizations – colleges of advocates (the Bar). A college is built on the principle of selfgovernment, which means its right to decide its internal affairs independently.

Members of the Bar give advice on juridical matters, oral and written information on legislation, draw petitions, complaints and other legal documents; act as their clients’ representatives in court, arbitration

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and other state organs for civil and administrative cases; participate in the preliminary investigation and in court in criminal cases as counsels for the defence; represent victims, plaintiffs, defendants.

As a rule, colleges have their own legal advice offi ces.

Notary Service

There are many notary offi ces in our country. Their task is to check the legality of all transactions or documents they witness and to give legal advice and to render assistance to institutions, enterprises, organizations and individuals in protecting their legitimate interests. In doing so, notary offi ces establish identity, legal capacity and legal ability of the parties concerned, and the authenticity of their documents.

The notaries and the entire staff of the notary offi ces are bound to keep all the matters they handle or come across in performing their duties, professional secret.

Their duty also consists in helping applicants to make wills, in drawing deeds of gift, conveyance, purchase and sale. They attest wills, deeds and writings; verify copies of documents; certify translations of documents into foreign and native languages.

Besides, they make measures to guarantee the safety of the property left by deceased persons, and they issue certifi cates granting the right to inherit this property.

The Prosecutor’s Offi ce

The Prosecutor’s Offi ce in the tsarist Russia was established in 1722. The Russian Prosecutor’s Offi ce was founded in 1922. It exercises general supervision over observance of laws. Its main function is to see that all laws are correctly and uniformly applied throughout the country.

Any citizen of the Russian Federation can complain to the Prosecutor’s Offi ce against violation of his / her rights. A prosecutor also has the right to appeal against all unlawful decisions and actions of state organs and offi cials.

The Prosecutor’s Offi ce institutes criminal proceedings and investigates criminal cases. Investigators ascertain the circumstances under which crimes were committed, collect evidence against the perpetrators of crimes and their accomplices. Then courts try the cases submitting to them by the Prosecutor’s Offi ce, and the prosecutor brings a charge before the court in the name of the state. After the trial

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the prosecutor checks the sentences and judgements handed down by the court as to their legality. He has the right to enter any appeal if in his opinion the sentence or judgement is erroneous.

В•••••• •• •••!"#$%&'

The Judicial System of the UK

1.How can one describe the court system of the UK?

2.What is the court system based on?

3.What groups are the courts divided?

4.What courts belong to the group of criminal ones?

5.What courts are courts of fi rst instance?

6.How many cases do they try?

7.How many magistrates’ courts are there in England and Wales?

8.How many Justices of the Peace work in them?

9.What sentences may magistrates impose?

10.How is the verdict reached in the Crown court?

11.Who may work as a juror?

12.What cases are tried by a Crown court?

13.What courts are called civil?

14.What divisions does the High Court consist of?

15.What cases does each of the divisions examine?

16.What can you say about the Court of Appeal?

17.What is the highest court of the country?

The Profession of a Lawyer in Russia

1.What is one of the most popular professions nowadays?

2.How can you explain it?

3.What higher schools train lawyers?

4.Where can graduates of law schools work?

5.What professions of lawyers do you know?

6.What is necessary to become a good lawyer?

7.Why is it very important to know human psychology?

8.What profession of a lawyer have you chosen and why?

9.Where do you want to work after graduation from the Academy?

10.What will be your duties?

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11.evidence – !$4аEа<"#H%<9$

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