1. Legal profession ( Professionalism).

The solicitor is the first point of contact with the law for a client in the UK. The solicitor listens carefully to the client, making sure their needs are clearly understood and then explains the legal position and tenders advice. By contrast, barristers will only see the client in the company of a briefing solicitor. The barrister is the spicialist with particular skills on advocacy, a consulatant who will examine the case and decide what line to take in court.. The barrister will be reliant on the detailed brief prepared by the client’s solicitor. There are only a few solicitor who are allowed to present cases in the higher courts. Many more solicitors who in their litigation departments and spend much of their time preparing briefs for counsel. Barristers are self-employed in the independent Bar. Sollicitors are normally salaried and may be offered a share in the profits of the practice.

Solisitors do a variety work – corporate and commercial, litigation, property, private law, baking and project finance, employment law and environmental law.

Legal professionalism. Lawyers have agreed upon 6 elements of professionalism. They are: ethics, competence combined with independence, professional wisdom and continuing learning, civility and obligations to the justice system.

2. The Judicial System. ( What is the hierarchy of courts?)

Lower courts низшие суды. 1)County courts .The lowest court in a civil action is a County Court, of which there is one in every town in England and Wales. The judges are always professionals. They may hear matters such as contract and tort disputes. Tort means a civil wrong including negligence and personal injury claims. The general limit larger amounts of money are heard before the county court is 25, 000 pounds. 2)Magistrates’ Courts .A truly unique feature within Magistrates’ Courts is administration of justice by non-professional, unpaid and part-time lay magistrates. The are three types of criminal offence: summary, indictable and triable either way.

.Supreme court Высшие суды. High Court. The high court deals with civil trials involving important legal issues and well-known public figures

1. The Chancery Division This division covers such matters as the sale of property, the administration of the estates of deceased persons and mental patients, deeds, trusts, company law, bankruptcy, partnership and patents.

2. The Queen’s Bench Division The division hears the most serious contract and tort action. It also deals with judicial review which concerns actions brought by individuals against public authorities who exceed, abuse, of fail to use their powers.

3. The Family Devision Serious domestic and matrimonial cases are dealt with in this Division. These include matters of child custody, guardianship, adoption, maintenance and divorce.

Court of Appeal .Court of Appeal investigate complaints court decision High courts and Crown corts. Consist two division, criminal dev. And Civil dev. Crown Court .Investigate civil crimes. Matters investigate judge professional and 10-12 jury. The house of Lords. Appeals from the Court of Appeals go to the House of Lords which is considered the upper house of the British Parliament, but political powers are much more limited than that of the lower house, House of Commons.

3 Crimes (The nature and elements of crime).

The Nature of crimes.The world ‘crime’ is generally associated with wrongdoing but not every type of wrong is a crime. For instance failing to fulfil the terms of a contract is a wrong, but it is purely a dispute between individuals. However, stealing from another person is also a wrong but this falls under the criminal law because such actions are offences which can result in prosecution. There are also immoral wrongs which are neither civil wrongs nor criminal offences. Such actions include telling lies or thinking harmful thoughts about another. But if telling lies or harmful thoughts are put into practice resulting in physical harm to another, then such actions become both criminal and immoral.

The elements of crime.In the vast majority of cases two factors must exist before an act can be classified as criminal.

MENS REA Mens rea is a mental element of a crime and means a ‘guilty mind’ – thoughts that motivate criminal deeds. Mens rea is an offence requiring fault. A person having means rea generally is not liable. One may be liable only if he or she recognized the risk of consequences but continued the act.

ACTUS REUS The actus reus is a physical element of criminal liability and it means ‘the unlawful act’, or phohibited conduct. The criminal law does not punish for guilty mind alone. If there is actus reus is a commission of crimes. Actus reus without intent is a manslaughter

CRIMES OF STRICT LAIBILITY The offences without fault are called strict liability offences. For example, if a chemist sells drugs on a forged prescription he may be convicted of an offence.