Тема 4. The doctrine of precedent

What the doctrine of precedent declares is that cases must be decided the same way when their material facts are the same. Obviously it does not require that all the facts should be the same. We know that in the course of life all the facts of a case will never recur, but the legally material facts may recur and it is with these that the doctrine is concerned.

The reason of deciding of a case can be defined as the material facts of the case plus the decision thereon. Suppose that in a certain case facts A, B and C exist, and suppose that the court finds that facts B and C are material and fact A immaterial, and then reaches conclusion X (e.g.

judgment for the plaintiff, or judgment for the defendant). Then the doctrine of precedent enables us to say that in any future case in which facts B and C exist, or in which facts A and B and C exist the conclusion must be X. If in a future case A, B, C, and D exist, and the fact D is held to be material, the first case will not be a direct authority, though it may be of value as an analogy.

Тема 5. The concept of legal education and its programmers

Legal educations is provided by law schools or law faculties. Law schools usually have certain admission requirements that you must be aware of before you apply for one or another.

If you have to take a special examination, and that is a usual pratice in American law schools, you should seriously sit up for it. But mostly the grades of your final high school examination will be sufficient to get admitted, if the grades are high, of course.

As a rule, law schools offer two major programmes: 3-year undergraduate (GB) / 3-year graduate (US) programme and postgraduate programme which can in its turn include different courses. The academic undergraduate programmed can be followed by vocational courses.

The curriculum of the undergraduate / graduate programme includes a variety of legal courses both required and optional. Students take courses according to their future specialization.

After the completion of the undergraduate/graduate programme students qualify for a law degree – LLB in the UK, JD in the USA.

After completion of a postgraduate course the degree can be LLM or other if there are options.

The job titles are also different: attorney in the US and solicitor or barrister in the UK.

Тема 6. Becoming an attorney in the usa

How to become a lawyer in the USA

1. Obtain a Bachelor's degree with high grades.

2. Pass the Law School Admission Test (LSAT) with a high score.

3. Attend an American Bar Association (ABA) law school

4. Qualify for Juris Doctor –JD - degree

5. Pass the ABA bar examination

To become a lawyer in the United States need to 7 years. That means four years of undergraduate study for a bachelor's degree followed by the graduate Juris Doctor (JD) law degree. Law students need to develop the three basic skills: communication skills both written and spoken; research skills; and especially analytical thinking skills. These abilities can be developed by any major: social sciences, history, economics, humanities, and engineering. So a bachelor's degree at any top college or university that provides highly efficient background will give you a better chance for admission. Then get the highest score for the LSAT and pass the test measures reading and verbal reasoning skills that are essential to succeed in law school. It consists of five 35-minute sections of multiple-choice questions. Only four of the five sections will contribute to your score. These sections include one reading comprehension section, one analytical reasoning section, and two logical reasoning sections, an experimental section which can be any of the above and finally, and an essay writing section. During the first year of law school the students usually take major courses such as Constitutional Law, Contracts, Property Law, Torts, Civil Procedure and Legal Writing. graduate from the school, gain the JD and look for a job. You may find the position but you can not practice law. You must be licensed, or admitted to the Bar. All States require that applicants for admission to the Bar pass a written Bar Examination