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Vocabulary tasks

A Match the legal terms with their definitions.

1

deterrence

a

a lack of something that you need or want

2

restitution

b

the punishment given by a court

3

rehabilitation

c

severe punishment for something seriously wrong that somebody has done

4

sentence

d

the prevention of criminal behaviour by fear of punishment

5

retribution

e

a sum of money that must be paid as punishment for breaking a law or rule

6

deprivation

f

to help somebody to have a normal life in society after being in prison

7

punishment

g

compensation for some harm or wrong

8

fine

h

a sanction against a person who has violated the law

B The word PUNITIVE has the following meanings in Russian.

1) Связанный с применением наказания

punitive article – статья, устанавливающая уголовную санкцию

2) Карательный, штрафной

punitive action – карательная мера, карательная акция

Match the following English expressions with their Russian equivalents.

1

punitive sentencing

a

карательная мера

2

punitive institution

b

карательное воздействие

3

punitive justice

c

карательное правосудие

4

punitive law

d

карательное учреждение

5

punitive legislation

e

лишение свободы как кара за совершённое преступление

6

punitive measure

f

уголовное законодательство

7

punitive treatment

g

уголовный закон

E Give Russian equivalents for the following general types of punishment. Put them in descending order of severity.

• Capital punishment • Community service • Disciplinary training in a detention centre • Fixed penalty fine • Life imprisonment • Probation • Short-term imprisonment • Suspended sentence • Long-term imprisonment

Chapter VIII legal profession Unit 26

Before you read

Discuss these questions.

1 What titles for lawyers do you know?

2 What kind of work do they do?

Professional Titles

Throughout the world, the word “lawyer” is used to mean someone who has legal knowledge or who is engaged in the practice of law. Those unfamiliar with the legal system are often confused by the variety of titles used for members of the legal professions. There are many English words which may denote a lawyer, and different jurisdictions use different titles for lawyers: “advocate, attorney, barrister, solicitor”.

A lawyer in the United States is often called an “attorney”, which in England is a title formerly used by solicitors.

Study the titles of legal professions with their definitions given in the list below.

Advocate

1 A person, who defends or supports a cause or proposal. The civil law equivalent of a barrister, as in Scotland.

2 A person who assists, defends, pleads, or prosecutes for another; pleads the cause of another before a tribunal or judicial court.

Agent

One who is authorized to act for or in place of another. There are agents in business (managing agents, commercial agents, advertising agents), in policy (foreign agent, public agent), agents designated by law to receive litigation documents for a nonresident corporation (statutory agent).

Arbitrator

A neutral person chosen to resolve disputes between parties, especially by means of formal arbitration.

Attorney

1 In American English a lawyer. There is a US attorney in each federal judicial district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district. 2 A person appointed to act for another in business or legal matters. 3 One who practises law.

Attorney- general

1 The chief legal officer appointed by the government (Brit). 2 The chief law officer of a state or of the US, responsible for advising the government on legal matters and representing it in litigation (US).

Bailiff

1 A law officer whose job is to take the possessions or property of people who cannot pay their debts (Brit). 2 A court officer who maintains order with the parties, attorneys and jury during court proceedings (US). 3 A sheriff’s officer who executes writs and serves processes (US).

Barrister

In England and Northern Ireland a lawyer who is admitted to plead at the bar and who may try or argue in superior courts. Barristers defend or prosecute in the higher courts. Barristers are different from solicitors. 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 (the art of presenting cases in court). A barrister (in Scotland “advocate”) can normally only deal with clients through a solicitor.

Clerk

A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.

Coroner

A public official whose duty is to investigate the causes and circumstances of any death that occurs suddenly, suspiciously or violently. Coroners have medical or legal training (or both).

Detective

A police officer whose job is to investigate and solve crimes.

Investigator

A person who conducts an official inquiry. After receiving information that a crime has been committed the investigator commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, details suspects.

Judge

A presiding court officer with authority to hear and decide cases in a lawcourt, elected or appointed.

Jurist

One who has a thorough knowledge of law. A jurist is a great expert in the law who is normally an academic lawyer, writer or consultant (but may also be a judge or a practising lawyer).

Juror

A member of the jury. You become a potential juror after your name is selected at random from voters registration records. The job of a juror is to listen to the evidence and to decide what really happened. To be a good juror you should use common sense, and be fair and honest.

Jury

A group of people (usually 6 or12) legally selected and sworn to inquire into any matter of fact who decide the facts of a case (usually criminal) and give a decision of guilty or not guilty called a verdict. The judge directs the jury on matters of law.

Lawyer

A person trained and qualified in the law who does legal work for other people. A general term for a member of the legal profession, e.g. a judge, advocate, attorney, barrister, solicitor, law teacher. A person whose job is to advise people about laws, write formal agreements, or represent people in court.

Legal adviser

(-or)

A person who is an expert in the law and gives legal advice.

Magistrate

(Br)

An official who acts as a judge in the lowest courts of law; syn. Justice of the Peace (JP).

Magistrate (US)

A judicial officer appointed by judges of federal district courts having many but not all of the powers of the judge. They may conduct civil or misdemeanour criminal trials.

Notary (also notary public)

A public officer, especially a lawyer, who attests or certifies documents to make them authentic, and performs official acts in commercial matters, such as protesting negotiable instruments.

Ombudsman

Someone who deals with complaints made by the public against government departments, banks, ensurance companies, etc. There are Banking Ombudsman, Insurance Ombudsman. In Britain the main government Ombudsman is called the Parliamentary Commissioner for Administration.

Prosecutor

A lawyer hired by government to conduct criminal proceedings. The person who presents the case in a criminal court against a person accused of a crime. He is a lawyer who represents the interests of the state in criminal trials and the country in all legal matters involving the country in criminal cases. The prosecutor has the responsibility of deciding who and when to prosecute. Also known as prosecuting attorney.

Sheriff

1 The chief officer appointed by the King or Queen in counties and certain cities of England and Wales with legal and ceremonial duties (often High Sheriff, Brit.). 2 An elected officer responsible for keeping law and order in a county (US).

Solicitor

A lower court trial lawyer who prepares legal documents, advise clients, and sometimes speaks for them in the courts; prepares cases for barristers in the higher courts.

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