Пособие по английскому языку для студентов заочной формы обучения по дисциплине «Иностранный язык в сфере юриспруденции».

Оглавление:

UNIT 1 – Legal professions

UNIT 2 – Branches of low

UNIT 3 – Legal service

UNIT 4 – Law firm

UNIT 5 – State system of UK, USA

UNIT 6 – Legislation in UK, USA

UNIT 7 – Court system

PART I

WHAT IS LAW?

1. Read and translate

What is law? We have criminal law, civil law, public law, international law, family law and company law. They are all elements of the set of rules which forbid, permit or require actions among people and organizations. They are all branches of the law. Many of the most important legal developments will take place in international law.

There is also case law. In this context, a case refers to a binding or authoritative decision made by a court.

Let's look at this in a bit more detail. A case comes before a court in one of two ways. There is either a dispute between people in a civil case or between citizen and state in a criminal case. These cases are decided following a set of rules which forbid, allow or require people to do certain actions. These rules are then enforced.

Let's take an example that most people are familiar with. The law states that you must not drive more than 50 kilometres per hour in the centre of a town. If people drive at more than the 50 kilometres per hour speed limit they have broken the law, whether or not they get caught doing it. There is a reason for the law. It is dangerous to drive at more than 50 kilometres per hour in an area where people are walking and crossing the road.

If the driver is seen by the police or photographed by a speed camera, that driver will be prosecuted and punished. So this law helps people to live together in an organized and harmonious way. In fact, that is the meaning of the law in general. It is a set of rules that enables people to live together in an organized way.

Thus, law is a system of rules established by the state.

The main aim of law is to consolidate and safeguard the social and state system and its economic foundation.

One important distinction made in all countries is between private-or civil - law and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.

The system of law in our country consists of different categories of law.

Constitutional law is a leading category of the whole system of law. Its principal source is the country's Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.

Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.

Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals. Crimes are wrongs, which, even committed against an individual are considered to harm the well-being of society in general. Criminal law takes the form of a criminal code.

International law regulates relations between governments and also between private citizens of one country and those of another.

Financial law regulates the budget, taxation, state credit and other spheres of financial activity.

Comprehension

2. Answer the questions:

1. What is law?

2. What is the main aim of law?

3. What categories of law does the system of law in Russia consist of?

4. What is the principle source of constitutional law?

5. What category of law is closely connected with constitutional law?

6. What is the central institution of civil law?

7. What does criminal law define?

8. What form does criminal law take?

9. What is civil law connected with?

10. What rules does employment law include?

Language focus

1. Complete the sentences with the following words:

Civil law, criminal law, administrative law, law, financial law, the rules of employment law, constitutional law.

a) . . . is a system of rules established by the state.

b) . . . is a leading category of the whole system of law.

c) . . . deals with the legal forms of concrete executive and administrative activity of government and ministries.

d) . . . regulates the budget, taxation, state credit, . . .

e) . . . is connected with relations involving property. . .

f) . . . include the legislation on the labour of industrial and office

workers. . .

g) . . . defines the general principles of criminal responsibility. . .

2. Answer the questions:

Which category of law deals with:

a) budget, taxation, state credits

b) relations in the economic sphere of life

c) matters arising from employment relations

d) individual types of crimes and punishment

e) legal forms of executive and administrative activity

Which category of law would deal with the following crimes:

a) robbery

b) smuggling

c) violation of human rights

d) failure to pay customs duties

e) speed limit excess

3. Match the different branches of the law with the examples.

1	litigation	a)	treaties and cross-border agreements
2	corporate and commercial	b)	bringing lawsuits against others
3	family	c)	contracts and mergers
4	environmental	d)	rules applied to how a prosecution or civil action is conducted
5	employment	e)	civil cases
6	private	f)	pleading a case in court on behalf of a client
7	advocacy	g)	divorce and marriage settlements
8	public international	h)	relating to creativity, published ideas and art forms
9	intellectual property	i)	equal opportunities and fair pay
10	procedural law	j)	regarding industrial waste and pollution

4. Match the phases:

a) to establish a system 1 рабочие (служащие)

b) a category ( of law) 2 принимать вид кодекса

c) the principle source of law 3 применять наказание

d) to deal with 4 основной источник права

e) the right in property 5 отрасль (права)

f) rule of law 6 право на имущество

g) industrial (office) workers 7 иметь дело с, заниматься

h) to arise from 8 основная (специальная)

часть

i) individual types of crimes 9 устанавливать систему

j) to apply punishment 10 возникать из

k) to take the form of a code 11 индивидуальные виды

преступлений

l) a general (special) part 12 норма права

Legal education

1. Read and translate the text

The Law course at Cambridge

The Law course af Cambridge is intended to give a thorough grounding in the principles of law viewed from an academic rather than a vocational perspective. There are opportunities to study the history of law and to consider the subject in its wider social reasoning are developed, and students are encouraged toconsider broader questions such as ethical judgement, political liberty and social control.

Although many undergraduates who read law do so with the intention of practicing, many do not, preferring instead to go into administration, industrial management or accountancy. Candidates intending to read law need not have studied any particular subject at school. It is common for undergraduates to have a scientific or mathematical background at A-level as it is for them to have studied history or.

Undergraduates reading law for three years take Part IA of Tripos at the end of the first year. This comprises four papers: Criminal Law, Costitutional Law, the Law of Tort and and Roman Law. In the second year subjects are studied for Part IB of the Law Tripos which is taken at the end of the year. The range of subjects on offer is wide – from Family Law to International Law – though in practice most undergraduates take Contract and Land Law as two of their papers. In the third year, five subjects are studied for Part II of Tripos. The range of options is even wider than in Part IB. According to preference an undergraduate may develop his interest in Property Law (including Trusts and Conveyancing Law), Commercial, Public Law (including Administrative Law and EEC Law), or in more academic and sociological aspects of law, such as Jurisprudence, Legal History, Labour Law and Criminology. Candidates may also participate in the seminar course, submitting a dissertation in place of paper.

Candidates for the postgraduate LL.M. take any four papers selected from a wide range of options in English Law, Legal History, Civil Law, Public Law, International Law, and Comparative Law and Legal Philosophy.

Comprehension

2. Answer the questions

1. How long does the law course last?

2. Which subjects to the law students study at Cambridge?

3. Does the course give an academic legal education or teach students to become lawyers?

4. What abilities does the law course develop?

5. Do all Cambridge law undergraduates become lawyers?

6. Can students choose the subjects in the first and second of law course?

7. How many exams to postgraduates take?

Language focus

1. Translate the names of the subjects.

1. Law of Tort –

2. Criminology –

3. Land Law –

4. Law of Contract –

5. Commercial Law –

6. Conveyancing Law –

7. Labour Law –

8. Criminal Procedure –

and Criminal Evidence ­–

2. Match the words

1. pass a) law

2. give b) a paper

3. study c) a scientific background

4. write d) logical reasoning

5. develop e) an exam

6. have f) a thorough grounding

LEGAL PROFESSIONS

1. Being a lawyer is regarded as one of the best professions in many countries. Read what the different areas of specialization are, and write which you would choose, or have chosen.

Advocate ( защитник, адвокат, поверенный) is a lawyer who presents a client's case in a lawcourt;

Agent (агент, поверенный) is authorized to act for or in place of another; ___

Arbitrator (третейский судья, арбитр) is a neutral person chosen to resolve disputes between parties, especially by means of formal arbitration;

Attorney ( адвокат, поверенный (в суде), уполномоченный, юрист) is a person (esp. US) qualified to act for clients in a lawcourt; a person appointed to act for another in business or legal matters; one who practises law;

Attorney-General (генеральный прокурор, министр юстиции) (Br.) – is the chief legal officer by the government; (US) - the chief law officer of a state or of the US, responsible for advising the government on legal matters and representing it in litigation

Bailiff (судебный пристав, судебный пристав, следящий за порядком в суде, заместитель шерифа) is a law officer whose job is to take the possession or property of people who cannot pay their debts; (US) a court officer who maintains order with the parties, attorneys and jury during court proceedings; a sheriff’s officer who executes writs and serves processes;

Barrister (барристер – адвокат, имеющий право подавать в суд по иску и выступать в суде) is a lawyer who is admitted to plead at the bar and who may try or argue in superior courts in England and Northern Ireland;

Clerk (клерк, секретарь суда) is a court officer who is responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute;

Coroner (следователь, ведущий дела о насильственной или скоропостижной смерти) is a public officer whose duty is to investigate the causes and circumstances of any death that occurs suddenly,

suspiciously or violently;_______________

Investigator (следователь) conducts an official inquiry;

a private investigator (сыщик), =detective (детектив) is a police officer whose job is to investigate and solve crimes;

Judge (судья) a presiding court officer with authority to decide cases in a lawcourt, elected or appointed;

Jurist (юрист) is the one who has a thorough knowledge of law;

Jury (присяжные) is a group of people legally selected and sworn to inquire into any matter of fact in lawcourt and to give their verdict according to the evidence;

Juror (присяжный заседатель) is a member of the jury; Lawyer (юрист, адвокат) is a person trained and qualified in the law who does legal work for other people: a solicitor, barrister, advocate, attorney;

Legal adviser (-or) (юристконсульт, советник по правовым вопросам) is an expert in the law and gives legal advice

Notary (нотариус) (also notary public) attests or certifies documents to make them authentic, and performs official acts in commercial matters, such as protesting negotiable instruments

Prosecutor (обвинитель – лицо, возбуждающее и осуществляющее уголовное преследование) is a lawyer hired by government to conduct criminal proceedings;

Chief prosecutor (главный обвинитель);

Public Prosecutor (прокурор);

Solicitor (адвокат, поверенный, юристконсульт) is a lower court trial lawyer who prepares legal documents, advises clients, and who sometimes speaks for them in the courts; prepares cases for barristers in the higher courts.

Language focus

1. Match the words:

1 to present a order

2 to resolve b law

3 to practise c a crime

4 to advise d a record

5 to maintain e a case

6 to conduct f clients

7 to investigate g a dispute

8 to serve h a verdict

9 to keep i a process

10 to give j an inquiry

2. What is the job:

1. an elected officer responsible for keeping order in a country.

2. a public officer who certifies documents to make them authentic.

3. a lawyer qualified to act for clients in a lawcourt (esp. US).

4. a lawyer hired by the government to conduct criminal proceedings.

5. a lower court lawyer who prepares legal document, advises clients.

6. a neutral person chosen to resolve disputes between parties.

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

a public official whose duty is to investigate the cases of violent death.

Solicitor or Barrister?

2. Read and translate the text

There are about 66,000 practising solicitors in England and Wales.

Solicitors do a variety of work - corporate and com­mercial, litigation, property, private law, banking and project finance, employment law and environmental law.

A solicitor is generally the first point of contact for a person where the law is or is likely to be involved. This can be a legal transaction such as a house conveyance, a civil dispute such as a breach of contract or a possible prosecution where a person has been accused of breaking the law. The solicitor will advise the client on the course of action that heeds to be taken.

Solicitors are not generally thought of as advocates. However, increasing numbers of solicitors are now becoming Higher Court advocates and the courts are widening their rights of audience to include solicitors. One of the functions of solicitors is to brief barristers. In other words, they collect all the legal documents that are necessary to enable the barrister to present the best case to the court. Solicitors usually work in partnerships, whereas barristers are what is known as sole practitioners. They work on their own.

Most people consult a solicitor when they want to buy or sell a house, when they want to write a will to distribute their money and property after their death, or to resolve a family dispute. People also consult their solicitor if they want to arrange a business contract or if they are setting up their own company. Some solicitors specialize in criminal work and make themselves available to people who have been arrested.

Solicitors are normally salaried and may be offered a share in the profits of the practice if they are successful.

The barrister is the specialist with particular skills in advocacy, a con­sultant who will examine the case and decide what line to take in court. The barrister will be reliant on 10 the detailed brief prepared by the client's solicitor. Barristers are self-employed in the independent Bar. The Bar is a small but influential independent body with just over 8,000practising barristers in over 400 20 chambers in England and Wales. In addition, there are about 2,000 barristers employed as in-house lawyers.

The Bar is an advocacy profession. The Bar's right of audience in the higher courts remains virtually unchallenged. The'work divides equally between civil and criminal law. There are over 70 specialist areas, including major ones like chancery (mainly property and finance) and the commercial bar.

Judges in England and Wales have mostly been bar­risters of 10 years' standing, then Queen's Counsellors, 30 and are appointed by the Lord Chancellor. Judges can­not work as barristers once they are appointed. A bar­rister who is a part-time judge is known as a Recorder. The Crown Prosecutor, who works for the Director of Public Prosecutions, is responsible for prosecuting criminals based on evidence presented by the police.

Comprehension

1. Mark these statements T (true) or F (false), according to the information in the text on the opposite page. Find the part of the text that gives the correct information.

1. If you have any kind of legal question the first person you consult is a barrister. F

2. A barrister and a solicitor are both qualified lawyers in the UK.

3. Preparing a brief for counsel' means a solicitor writes a detailed description of a case so as to inform the expert (the barrister) of all the facts and main legal points.

4. A solicitor cannot speak in a higher court.

5. A barrister in the UK is an independent qualified lawyer.

6. If you want to work for a law firm and receive a regular salary, you should become a solicitor.

7. There are more solicitors than barristers.

8. Barristers often specialise in particular areas of the law, like property or contracts.

9. A barrister may become a judge, but a solicitor cannot.

10. The law is the same in England as in Scotland but differs in Wales.

11. A Recorder is a part-time judge.

12. One of the roles of the police in the UK is to assemble sufficient evidence for a criminal case to come to court.

Language focus

1. Choose the best explanation for each of these words or phrases from the text.

1. advocacy

a) speaking or pleading in the court

b) lawyers

c) rich and famous people

2. line

a) queue

b) time to allocate

c) position

3. salaried

a) with postgraduate degrees

c) receiving regular pay

d) independent

4. practising

a) not very good yet

b) in training

c) professionally working

5. chambers

a) bedrooms

b) barristers' offices

c) changing rooms

6. in-house

a) hoteliers

b) employed by a company

c) independent

7. right of audience

a) performing on stage

b) tickets to observe

c) allowed to speak in court 10

8. commercial bar

a) expensive drinks

b) law of business

c) trade and industry ban

3. Read the text below and complete the sentences which follow.

Attorney at Law

A person admitted to practise law in their respective state and authorised to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc.

Prosecutor

One who prosecutes another for a crime in the name of the government. One who instigates the prosecution upon which an accused is arrested or who prefers an accusation against the party whom they suspect to be guilty, as does a district, county, or state's attorney on behalf of the state, or a United States Attorney for a federal district on behalf of the US government.

In Spain, the universities are in charge of the education of lawyers. Anyone completing a law degree is entitled to be called a lawyer and may work as a lawyer for a legal practice or in a company. However, to achieve public office and work for the State judiciary, as a notary or judge, for example, graduate lawyers must compete for places through public examinations and then attend judicial school for two years. They then may be appointed as civil servants anywhere in the country.

1. In England and Wales, a ………….. prepares briefs but does not represent the clients in court. This is done by a ………….. . In the US, both functions are performed by an ………….. .

2. In the US a ………….. instigates a prosecution against someone suspected of a crime. This can be done at district, county, state or federal level. In England and Wales this is done by the ………….. who works for the Department of Public Prosecutions.

3. In England and Wales, a judge is appointed by the Lord Chancellor from barristers who have worked successfully for over 10 years and who have attained the status of ………….. . In Spain, lawyers wishing to become judges have to attend ………….. for ………….. years.