Ex. V. Complete the following statements. 3 страница
► Ex. VI. Choose one topic to speak about
a) prosecutor's role;
b) the accused and his bail;
c) grand jury's functions;
d) plea bargain.
Retell the text “Criminal procedure in the United States”.
Legal Profession
Unit 26
► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.
Court and its people.Court is a building or room where all the information concerning a crime is given so that it can be judged. A court is a complex institution whose functioning depends upon many people: not only the judge but also the parties, their lawyers, witnesses, clerks, bailiffs, probation officers, administrators, and many others, including, in certain types of cases, jurors. Party is one of the persons or sides in a legal dispute. Lawyer is someone whose job is to advise people about laws, write formal agreements, or represent people in court. Witness is someone who sees a crime and can describe what happened. Clerk is an official in charge of the records of a court. Bailiff is an official of the legal system who watches prisoners and keeps order in a court of law. Probation officer is someone whose job is to watch, advise, and help people who have broken the law and are on probation. Probation is a system that allows some criminals not to go to prison, if they behave well and see a probation officer regularly, for a fixed period of time. Juror is a member of a jury. Jury is a group of 12 ordinary people who listen to details of a case in court and decide whether someone is guilty or not. Nevertheless, the central figure in any court is the judge. Judge is the official with authority to hear and decide how criminals should be punished. Judges vary enormously, not only from nation to nation but often within a single nation. For example, a rural justice of the peace in the United States— untrained in the law, serving part-time, sitting alone in work clothes in a makeshift (made for temporary use) courtroom, collecting small fees or receiving a pittance for salary. He bears little resemblance to a justice of the Supreme Court of the United States—a full-time, well-paid, black-robed professional, assisted by law clerks and secretaries, sitting in a marble palace with eight colleagues and deciding at the highest appellate level only questions of national importance. Yet both persons are judges.
VOCABULARY
| clerk | секретарь суда | rural justice of the peace | сельский мировой судья |
| bailiff | судебный пристав | part-time | занятый неполный рабочий день |
| probation officer | чиновник, надзирающий за лицами, направленными судом на пробацию | makeshift | временный |
| probation | пробация, опека (вид условного осуждения) | fee | гонорар |
| nevertheless | тем не менее | pittance for salary | скудное жалование |
| public officer | публичное должностное лицо | appellate | апелляционный |
1) What is by the term "court" meant? 2) A court a complex institution is, isn't it? 3) Whose functioning upon judges, lawyers and jurors depends? 4) What meant is by the term "party"? 5) What is by the meant term "lawyer"? 6) Who a crime and can describe what happened sees? 7) Who in charge of the records of a court is? 8) Who prisoners and keeps order in a court of law watches? 9) Whose job to watch, advise, is and help people who have broken the law and are on probation? 10) What system criminals not to go to prison if they behave well allows? 11) Who to details of a case in court and decides whether someone is guilty or not listens. 12) What the central figure in any court is? 13) Whose authority to is hear and decide how criminals should be punished? 14) What the difference between a rural justice of the peace and a justice of the Supreme Court of the United States is?
► Ex. II. Agree or disagree with the following statements.
1) Court is a room where all the information concerning an offence is given so that it can be judged. 2) Lawyer is one of the persons or sides in a legal dispute. 3) Party is someone whose job is to advise people about laws, write formal agreements, or represent people in court. 4) Clerk is someone who sees a crime and can describe what happened. 5) Witness is an official in charge of the records of a court. 6) Probation officer is an official of the legal system who watches prisoners and keeps order in a court of law. 7) Bailiff is someone whose job is to watch, advise, and help people who have broken the law and are on probation. 8) Judge is a system that allows some criminals not to go to prison, if they behave well and see a probation officer regularly, for a fixed period of time. 9) Jury is a member of a jury. 10) Juror is a group of 12 ordinary people who listen to details of a case in court and decide whether someone is guilty or not. 11) Probation is the official with authority to hear and decide how criminals should be punished.
► Ex. III. Restore the word order in the following statements.
1) Court is a crime is given so that it can be judged building or room where all the information concerning. 2) Party is one in a legal dispute of the persons or sides. 3) Lawyer is advise people about laws, write formal agreements, or represent people in court someone whose job is to. 4) Witness is and can describe what happened someone who sees a crime. 5) Clerk is of a court an official in charge of the records. 6) Bailiff is an official of prisoners and keeps order in a court of law the legal system who watches. 7) Probation officer is someone whose job is have broken the law and are on probation to watch, advise, and help people who. 8) Probation is a not to go to prison, if they behave well and see a probation officer regularly, for a fixed period of time system that allows some criminals. 9) Juror of a jury is a member. 10) Jury is a group of 12 ordinary people who listen to and decide whether someone is guilty or not details of a case in court. 11) Judge is the official decide how criminals should be punished with authority to hear and.
► Ex. IV. Translate the following words and phrases from Russian into English.
Секретарь суда; свидетель; присяжный; сфера компетенции; судебный пристав; чиновник, надзирающий за лицами, направленными судом на пробацию; опека; публичное должностное лицо; сельский мировой судья; занятый неполный рабочий день; необученный; наказывать; вознаграждение; скудное жалованье; временный; зал судебного заседания; важность; мантия; апелляционный; иметь сходство; содействовать; варьировать; чрезвычайно.
► Ex. V. Complete the following statements.
1) Court is ... 2) A court is a complex institution whose functioning depends upon ... 3) Party is ... 4) Lawyer is ... 5) Witness is ... 6) Clerk is ... 7) Bailiff is ... 8) Probation officer is ... 9) Probation is a system that... 10) Juror is ... 11) Jury is ... 12) The central figure in any court is ... 13) Judge is ... 14) A rural justice of the peace in the United States is ... 15) A justice of the Supreme Court of the United States is ...
► Ex. VI. Choose one topic to speak about
a) people a court depends upon;
b) a rural justice of the peace in the United States;
c) a justice of the Supreme Court of the United States.
Retell the text “Court and its people”.
UNIT 27
► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.
Solicitoris a type of practicing lawyer in Britain who gives advice, does the necessary work when property is bought and sold, anddefends people, especially in the lower courts of law. In general, a barrister undertakes no work except through a solicitor, who prepares and delivers the client's instructions to a barrister. Solicitors confer with clients, draft documents, conduct negotiations, prepare cases for trial, and retain barristers for advice on special matters or for advocacy before the higher courts. They have a right to act in all courts as the agents for litigation or representatives of their clients, but they may appear as advocates only in the lower courts. If one wants to make a will the best man to advise him is a solicitor. If one gets into trouble with the police one can ask a solicitor to help prepare his defence. The official organization of solicitors is the Law Society, a voluntary group, incorporated by Parliament. The Law Society has extensive authority in setting and enforcing standards for solicitors. The Law Society maintains a client-compensation fund to reduce and relieve losses sustained from dishonesty by solicitors. The education required of a solicitor includes a law school course. Furthermore, to qualify as a solicitor one is to join a practicing solicitor as a "clerk" and to work for him (apprenticeship) for a period of five years (three years for university graduates) in order to pass the Law Society exams. Solicitors must be British Commonwealth citizens, although there is no such requirement for the barrister. [The Commonwealth is an organization of about 50 countries that were once part of the British Empire.]
VOCABULARY
| solicitor | стряпчий | advocate | адвокат |
| undertake | брать на себя обязанность | voluntarily | добровольно |
| confer | совещаться | incorporate | регистрировать |
| draft | составлять | extensive | обширный |
| conduct negotiations | вести переговоры | setting | учреждение |
| prepare a case for trial | подготовить дело к слушанию в суде | enforce | проводить в жизнь |
| retain | нанимать (адвоката) | sustain | понести (ущерб, убыток) |
| advocacy | защита | law school | юридический факультет |
| higher court | вышестоящий суд | furthermore | кроме того |
| agent | доверенное лицо | apprenticeship | ученичество |
| litigation | тяжба, судебный процесс | graduate | выпускник |
1) Who people in the lower courts of law in Britain defends? 2) Who and delivers the client's instructions to a barrister prepares? 3) Do confer solicitors with clients? 4) Solicitors don't advice and draft documents give, do they? 5) Who negotiations and prepares cases for conducts trial? 6) Who barristers for advice on special matters or for advocacy before the higher courts retains? 7) What right solicitors do have? 8) Where may appear solicitors as advocates? 9) Who the best man to make a will is? 10) What one can do if he gets into trouble with the police? 11) What about the official organization of solicitors is known? 12) Why the Law Society does maintain a client-compensation fund? 13) What one should do to be qualified as a solicitor? 14) Must be solicitors British Commonwealth citizens?
► Ex. II. Agree or disagree with the following statements.
1) Solicitor misadvises. 2) Solicitor does the unnecessary work when property is bought and sold. 3) Solicitor defends people in the higher courts of law. 4) A barrister undertakes work except through a solicitor. 5) Solicitor prepares and delivers the client's instructions to a judge. 6) Solicitors hold a consultation with clients. 7) Solicitors compose documents. 8) Solicitors carry on negotiations. 9) Solicitors prepare cases for lawsuit. 10) Barristers retain solicitors for advice on special matters. 11) Solicitors retain barristers for advocacy before the lower courts. 12) Solicitors act in all courts as the agents for litigation. 13) Solicitors don't act in all courts as representatives of their clients. 14) Solicitors may appear as advocates only in the higher courts. 15) If one wants to make a will the best man to advise him is a barrister. 16) If one gets into trouble with the police one can ask a barrister to help prepare his defence.
► Ex. III. Restore the word order in the following statements.
I 1) Solicitor advice gives. 2) Solicitor the necessary work when property is bought and sold does. 3) Solicitor people in the lower courts of law defends. 4) A barrister no work except through a solicitor undertakes. 5) Solicitor and delivers the client's instructions to a barrister prepares. 6) Solicitors with clients confer. 7) Solicitors documents draft. 8) Solicitors negotiations conduct. 9) Solicitors cases for trial prepare. 10) Solicitors barristers for advice on special matters retain. 11) Solicitors barristers for advocacy before the higher courts retain. 12) Solicitors a right to act in all courts as the agents for litigation have. 13) Solicitors a right to act in all courts as representatives of their clients have. 14) Solicitors may as advocates only in the lower courts appear. 15) If one to make a will the best man to advise him is a solicitor wants. 16) If one into trouble with the police one can ask a solicitor to help prepare his defence gets.
► Ex. IV. Translate the following words and phrases from Russian into English.
Стряпчий; советовать; доверенное лицо; собственность; тяжба; адвокат; покупать; регистрировать; обширный; учреждение; брать на себя обязанность; совещаться; составлять документ; вести переговоры; защищать; подготовить дело к слушанию в суде; нанимать адвоката; защита; вышестоящий суд; проводить в жизнь; понести ущерб; судебный процесс; юридический факультет; ученичество; доставлять инструкции; составить завещание; попасть в беду; давать плохой совет.
► Ex. V. Complete the following statements.
1) Solicitors give ... 2) Solicitors do ... 3) Solicitors defend ... 4) Solicitors prepare and deliver ... 5) Solicitors confer ... 6) Solicitors draft ... 7) Solicitors conduct ... 8) Solicitors prepare cases ... 9) Solicitors retain ... 10) Solicitors have a right to act ... 11) Solicitors may appear as ... 12) If one wants to make a will ... 13) If one gets into trouble with the police ... 14) The official organization of solicitors is ... 15) The Law Society has ... 16) The Law Society maintains ... 17) The education required of a solicitor includes ... 18) To qualify as a solicitor one is ... 19) Solicitors must be ...
► Ex. VI. Choose one topic to speak about solicitor:
a) his functions;
b) his Law Society.
Retell the text “Solicitor”.
UNIT 28
► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.
Barristeris one of the two types of practicing lawyers in England, the other being the solicitor. In general, barristers engage in advocacy (trial work) and solicitors in office work. Barristers are experts in the interpretation of the Law. Barristers are called in to advise on really difficult points. Only barristers (not solicitors) may appear as advocates before the High Court. High Court is a court of law in Britain that is at a higher level than ordinary courts and that can be asked to change the decisions of a lower court. Barristers are rather untouchable figures. If you need one, you never see him without your solicitor being with him. To be a barrister it is necessary to be a member of one of the four Inns of Court in London. Inns of Court are four institutions of high antiquity that have historically been responsible for legal education. Inns of Court include Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. A prospective barrister must pass some examinations established for the inns by the Council of Legal Education and must read law and serve his apprenticeship with a practicing barrister for not less than a year. A barrister is required to accept any case for a proper professional fee, regardless of his personal feelings. Barristers cannot carry on any other profession or business.
VOCABULARY
| barrister | барристер (адвокат, имеющий право выступать в высших судах) | legal education | юридическое образование |
| untouchable | недоступный, недосягаемый | prospective | будущий |
| Inns of Court | Судебные Инны (четыре английские школы подготовки барристеров) | inn | постоялый двор; инн, школа подготовки барристеров |
| Inner Temple | Внутренний Темпл | read law | изучать право |
| Middle Temple | СреднийТемпл | serve one's apprenticeship | проходить курс ученичества |
| Lincoln's Inn | Линкольновский Инн | proper | надлежащий |
| Gray's Inn | Греевский Инн | fee | гонорар |
| high antiquity | глубокая древность |
1) What barristers do engage in generally? 2) What barristers experts in are? 3) What barristers are called in to advise on? 4) May appear barristers or solicitors as advocates before the High Court? 5) Barristers are rather untouchable, aren't they figures? 6) What it is necessary to be a barrister? 7) What a prospective must barrister do? 8) What a barrister is required? 9) Can carry barristers on any other profession or business?
► Ex. II. Agree or disagree with the following statements.
1) Solicitors engage in advocacy. 2) Solicitors engage in trial work. 3) Barristers engage in office work. 4) Solicitors are experts in the interpretation of the Law. 5) Barristers are called in to advise on really easy points. 6) Barristers must not appear as advocates before the High Court. 7) Solicitors can appear as advocates before the High Court. 8) High Court cannot change the decisions of a lower court. 9) Barristers are rather remote figures. 10) A prospective barrister must pass his examinations with honours. 11) A prospective barrister must scrutinize law. 12) A prospective barrister must serve his apprenticeship with a practicing solicitor. 13) Barristers can carry on any other profession or business.
► Ex. III. Restore the word order in the following statements.
1) Barristers in advocacy engage. 2) Barristers in trial work engage. 3) Solicitors in office work engage. 4) Barristers experts in the interpretation of the Law are. 5) Barristers in to advise on really difficult points are called. 6) Barristers may as advocates before the High Court appear. 7) Solicitors as advocates before the High Court cannot appear. 8) High Court to change the decisions of a lower court can be asked. 9) Barristers rather untouchable figures are. 10) A prospective barrister some examinations must pass. 11) A prospective barrister read law must. 12) A prospective serve barrister must his apprenticeship with a practicing barrister. 13) Barristers cannot on any other profession or business carry.
► Ex. IV. Translate the following words and phrases from Russian into English.
Адвокат, имеющий право выступать в высших судах; практикующий юрист; стряпчий; недосягаемый; выдержать экзамен; юридическое образование; изучать право; проходить курс ученичества; гонорар; деятельность адвоката; судебное разбирательство; эксперт; толкование; консультировать; являться в суд; решение суда; школа подготовки барристеров; действующий на расстоянии; отлично сдать экзамены; внимательно изучать закон.
► Ex. V. Complete the following statements.
1) Barrister is ... 2) Barristers engage in ... 3) Solicitors engage in ... 4) Barristers are experts in ... 5) Barristers are called in ... 6) Barristers may appear as advocates before ... 7) Solicitors cannot appear as advocates before ... 8) High Court is ... 9) Barristers are rather ... 10) Without your solicitor you never see ... 11) To be a barrister it is necessary to be ... 12) A prospective barrister must pass ... 13) A prospective barrister must read ... 14) A prospective barrister must serve ... 15) A barrister is required to accept... 16) Barristers cannot carry on ...
► Ex. VI. Choose one topic to speak about barrister:
a) his functions;
b) his Inns of Court.
Retell the text “Barrister”.
UNIT 29
► Ex. I. Scan through the text. Restore the word order in the questions that follow and answer them.
Juryis a group of laymen who participate in deciding cases brought to trial. These laymen are recruited at random from the widest population for the trial of a particular case. They are allowed to deliberate in secrecy, to reach a decision, and to make it public without giving reasons. Throughout its history, it has been both overpraised as a charter of liberty and overcriticized as a reliance on incompetent amateurs in the administration of justice. Most jurisdictions exempt some groups from jury service: police officers, lawyers and doctors. All jurisdictions excuse jurors if the service imposes undue hardship. The commitment of important decisions to a random group of laypersons are moderated by an elaborate screening, voir dire, which is conducted by trial counsel before a trial. The law permits counsel to challenge prospective jurors either for cause (challenge for cause), if there is specific likelihood of bias or, for a limited number, to challenge them without having to give a reason (peremptory challenge). Criminal cases are brought by the state against a person or persons accused of having committed a crime. The state is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called a complaint. The defendant pleads not guilty and the jury should presume the defendant's innocence throughout the entire trial unless the plaintiff proves that the defendant is guilty. In criminal cases the verdict must be unanimous, that is, all jurors (traditionally 12) must agree that the defendant is guilty in order to overcome the presumption of innocence. When they cannot agree on a verdict (termed a hung jury in the United States), the judge declares a mistrial, which means the case must be tried anew.
VOCABULARY
| laymen | неспециалисты | hardship | неудобство |
| at random | наугад | commitment | передача |
| deliberate | обдумывать | moderate | смягчать |
| in secrecy | тайно | elaborate | тщательно разработанный |
| reach a decision | прийти к решению | screening | отбор |
| reliance | зависимость | voir dire (говорить правду) | допрос судом присяжного на предмет выяснения его беспристрастности и непредубежденности |
| incompetent | некомпетентный | trial counsel | адвокат, выступающий в суде |
| amateur | дилетант | challenge for cause | отвод по конкретному основанию |
| administration of justice | отправление правосудия | likelihood | вероятность |
| jurisdiction | судебная практика | bias | предубеждение |
| exempt | исключать | peremptory challenge | отвод без указания причины |
| excuse | освобождать от обязанности | hung jury | состав присяжных не пришедший к единому мнению |
| undue | чрезмерный | mistrial | судебный процесс без единодушного решения присяжных |
1) Who in deciding cases brought to trial participates? 2) Who recruited at random from the is widest population for the trial of a particular case? 3) Who allowed to deliberate in secrecy, to reach a decision, is and to make it public without giving reasons? 4) Was jury as a charter of liberty overpraised? 5) Was jury as a reliance on incompetent amateurs in the administration of justice overcriticized? 6) What groups of people exempted from jury service are? 7) What conducted by trial counsel before a trial is? 8) What meant is by the term "challenge for cause"? 9) What meant is by the term "peremptory challenge"? 10) What cases are by the state against persons accused of having committed a crime brought? 11) Who is the plaintiff called? 12) Who is the defendant called? 13) What called is a com-plaint? 14) What the jury should presume if the defendant pleads not guilty? 15) What verdict be in criminal cases must? 16) What is by the term "unanimous" meant? 17) When the judge declare a mistrial does? 18) What is by the term "mistrial" meant?
► Ex. II. Agree or disagree with the following statements.
1) Jury is a group of professionals. 2) These laymen do not participate in deciding cases brought to trial. 3) These laymen are selected at random. 4) These laymen are not allowed to deliberate in secrecy. 5) These laymen reach a decision secretly. 6) These laymen make their decision public. 7) Jury is overpraised as a charter of democracy. 8) Jury is overcriticized as a reliance on competent professionals in the administration of justice. 9) Most jurisdictions exempt amateurs from jury service. 10) All jurisdictions don't excuse jurors if the service imposes undue hardship. 11) The law permits counsel to challenge probable jurors for cause. 12) The law permits counsel to challenge suppositional jurors without giving a reason.
► Ex. III. Restore the word order in the following statements.
1) Jury a group of laymen is. 2) These laymen in deciding cases brought to trial participate. 3) These laymen recruited at random are. 4) These laymen are to deliberate in secrecy allowed. 5) These laymen are allowed to a decision reach. 6) These laymen their decision public without giving reasons are allowed to make. 7) Jury is as a charter of liberty overpraised. 8) Jury is as a reliance on incompetent amateurs in the administration of justice overcriticized. 9) Most jurisdictions police officers from jury service exempt. 10) All jurisdictions jurors if the service imposes undue hardship excuse. 11) The law counsel to challenge prospective jurors for cause permits. 12) The law counsel to challenge prospective jurors without giving a permits reason.
► Ex. IV. Translate the following words and phrases from Russian into English.
Неспециалисты; наугад; обдумывать; тайно; прийти к решению; зависимость; передача; смягчать; тщательно разработанный; отбор; говорить правду; адвокат, выступающий в суде; отвод по конкретному основанию; вероятность; предубеждение; отвод без указания причины; состав присяжных, не пришедший к единому мнению; отправление правосудия; судебная практика; исключать; освобождать от обязанности; чрезмерный; неудобство; судебный процесс без единодушного решения присяжных.
► Ex. V. Complete the following statements.
1) Jury is ... 2) These laymen are recruited ... 3) These laymen are allowed ... 4) Jury is overpraised as ... 5) Jury is overcriticized as ... 6) Most jurisdictions exempt ... from jury service. 7) All jurisdictions excuse jurors if ... 8) Voir dire is conducted by ... 9) The law permits counsel to challenge ... 10) Criminal cases are brought by ... against ... 11) The state is called ... 12) The accused person is called ... 13) The charge against the defendant is called ... 14) The defendant pleads ... 15) The jury should presume ... 16) In criminal cases the verdict must be ... 17) All jurors must agree ... 18) The judge declares a mistrial when...