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17.ЗАКОН УКРАЇНИ Про місцеве самоврядування в Україні


Unit 7. Legal Professions  
Legal Professions In Great Britain
Who is who in the law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts: Magistrates. Magistrates are unpaid judges usually chosen from well-respected people in the local community. They are guided on points of law by an official, the clerk. There are magistrates' courts in most towns. Solicitors. After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid — financial help from the state. Barristers. In more serious cases it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister who represents the state. Jurors. A jury consists of twelve men and women from the local community. They sit in the Crown Court with a judge and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain the person is innocent unless found guilty: the prosecution has the burden of establishing guilt. Judges. Judges are trained lawyers, nearly always ex-barristers who sit in the Crown Court and appeal courts. The judge rules on points of law and makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused — that is the jury's job. However if the jury find the accused guilty, then the judge will pass sentence. Coroners. Coroners have medical or legal training (or both) and inquire into violent or unnatural deaths. Clerks of the court. Clerks look after administrative and legal matters in the courtroom. Sentencing. The most common sentences are fines, prison and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restricts his or her movement. A sentence of community service means that the convicted person has to spend several hours a week doing useful work in his locality. A few more facts. Children under 10 cannot be charged with a criminal offence. Offenders between 10 and 17 are tried by special juvenile courts. The death penalty technically still exists in Britain for some rare offences, such as treason, but is no longer used. The punishment for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour. The most common punishment for crimes — 80 per cent of the total — is a fine. Word list a magistrate — мировий суддя a solicitor — повірений у справах, який готує документи до суду a barrister — адвокат, який виступає в суді a juror — член журі присяжних a judge — суддя a coroner — коронер, судмедексперт to accuse — обвинувачувати defence — захист to hire — наймати to argue — обговорювати; заперечувати innocent — невинний burden — тягар доказу prison — тюрма, в'язниця probation — умовне засудження restrict — обмежувати treason — зрада rare — рідкісний   Exercise 1 Fill in the blanks. 1.   Magistrates are unpaid ... . 2.   There are ... courts in most towns. 3.   Solicitors are qualified ... . 4.   Solicitors advise the ... and help prepare the defence case. 5.   If the case is serious, the solicitor hires a ... to defend the accused. 6.  The prosecuting barrister represents a ... . 7.  A jury consists of ... men and women from local community. 8.  A jury sits in the Crown Court and listens to ... for the defence and prosecution. 9.  A jury decides whether the accused is ... or ... .   10.  Judges are trained ... who sit in the Crown Court. 11.  The judge will pass ... if the jury find the accused ... . 12.  The most common ... are fines, prison and probation. 13.  A person on ... must report to a local police station at regular intervals. 14.  Children under 10 cannot be ... with a criminal ... . 15.  Offenders between 10 and 17 are tried by ... . 16.  The punishment for murder is a life ... . 17.  The most common punishment for crimes is a. Exercise 2 Read the following sentences and decide if they are true or false. 1.  Juries sit in magistrates' courts. 2.  Magistrates are legally qualified judges. 3.  There are magistrates' courts in most towns. 4.  Solicitors are not legally qualified. 5.  The solicitor represents the accused in court. 6.  The state helps poorer suspects to pay for their defence. 7.  Barristers are hired to defend the accused. 8.  A jury consists of ten men and women from local community. 9.  Barristers sit in the Crown Court and listen to witnesses for the defence and prosecution.   10.  Crown Court judges decide on the guilt or innocence of the accused. 11.  The judge passes sentence. 12.  Children under 10 are tried by special juvenile courts. 13.  The punishment for murder is a life sentence. 14.  The most common punishment for crimes is probation. Exercise 3 Find words and expressions in the text which mean: 1.   a public officer with authority to hear and decide cases in a law court; 2.   say that smb has done wrong, broken the law, is to be blamed; 3.  not guilty; 4.  system when offenders are allowed to go unpunished for their first offence while they continue to live without further breaking of the law; 5.  limit; 6.  allow the use or services of smb for fixed payment; 7.  body of twelve persons who give a decision on issues of fact in a case in a court of justice. Exercise 4 Answer the following questions. 1.  Are magistrates legally qualified judges?. 2.  Who does the accused person need to see after he has been arrested? 3.  Who may represent the accused in court? 4.  In what cases does the solicitor hire a barrister? 5.  How many people does a jury consist of? 6.  Who has the right to decide whether the accused is guilty or innocent? 7.  Where do judges sit? 8.  Whose job is it to pass sentence? 9.  What are the most common sentences?   10.  What does a sentence of community service mean? 11.  Can children under 10 be charged with a criminal offence? 12.  Does the death penalty still exist in Britain? 13.  What is the punishment for murder? 14.  What is the most common punishment for crimes? Exercise 5 Complete the following text by translating the words and expressions in brackets. Most criminal trials take place in a (Магістратському суді). Magistrates listen to all the (показання свідків) and decide whether the person accused of the crime is (винен) or not. If the defendant is found guilty, the magistrates usually decide on the (вирок). The magistrates are normally three Justices of the Peace chosen from the community. In court there will also be a solicitor who argues for (об­винувачуваний). The more serious cases are dealt with in the (Королівському суді) in front of a judge. A (суд присяжних) of twelve men and women (who are ordinary members of the public) decide whether the defendant is guilty or not. The (суддя) will decide on a sentence. Judges and other (юристи) who speak in Crown Courts wear black gowns and wigs. In Crown Courts there are two (адвокати) instead of solicitors, one arguing for the prosecution and the other for the defendant. Exercise 6 Choose the correct definition for each legal profession. Translate into Ukrainian. a.   magistrates d. judges      f. corones b.   solicitors     e. jury        g. clerks of the court c.   barristers 1.  An officer acting as a judge in the lower courts. 2.  A public official with authority to hear and decide cases in a law court. 3.  A group of people who swear to give a true decision on issues in a law court. 4.  An official who investigates the cause of any death thought to be violent or unnatural causes. 5.  A lawyer who has the right to speak and argue in higher law courts. 6.  A lawyer who prepares legal documents, advises on legal matters and speaks for them in lower law courts. 7.  An official who looks after administrative and legal matters in the courtroom. Exercise 7 Read the text and fill in the gaps with the appropriate words from the box.

In England there are no minimum except for which carries a penalty of life ... . There are maximum sentences for other ... . Crimes are first heard by a ... who can either pass sentence, or refer the crime to a ... Court with a ... and ... . Here are maximum sentences for some crimes. Sentences can be reduced for good often by one-third or more. "Life sentences" are rarely more than 14 years and it would be possible to release ... after 7 years.

Exercise 9 Work in pairs and find arguments for and against the death penalty. Discuss the following questions. -        mild sentences are a sign of a civilized society; -        capital punishment is not a deterrent to murder; -        the punishment must fit the crime. Use the following words and expressions. -        That's just what I think. -        I see what you mean, but on the other hand ... -        I think so too. -        That's ridiculous. -        I'm afraid I can't agree with you. Exercise 10 Read, translate and discuss the text. SOLICITORS AND BARRISTERS England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers. If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. In fact there are at least 50,000 solicitors in Britain and the number is increasing. Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. He prepares the case and the evidence. He actually speaks in Court for you. In a civil action he can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes. A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a will, the best man to advise you is a solicitor. To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him whilst studying part time for the "Law Society" exams. Interestingly enough, it is not necessary for you to go to university. When you have passed all the necessary exams, you can "practice", which means you can start business on your own. 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). Indeed, if you desire representation in any Court except the Magistrates' Court, you must have a barrister, with one or two exceptions. Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barrister do not have public offices in any street. They work in what are known as chambers, often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. In many ways the remoteness they have and, the job they do are medieval in conception. To qualify as a barrister you have to take the examinations of the Bar Council. These are different from solicitors' examinations. There are over 5,000 barristers in England. A good one can earn 30,000 pounds a year. Only barristers can become judges in an English Court above a Magistrates' Court. Barristers are also found in South Africa and New South Wales (Australia). Exercise 11 Answer the questions. 1.  What is almost unique about the English legal system? 2.  What kind of problems does a solicitor deal with? 3.  How do you qualify as a solicitor? 4.  What are barristers experts in? 5.  When must you have a barrister? 6.  What reasons are there for saying a barrister is rather remote? 7.  How do you qualify as a barrister? Exercise 12 Read the following text and answer the questions. One of the most important figures in the British legal system is the solicitor. It is his job to advise you on legal matters of all kinds. If you get into trouble with the police, you will probably ask a solicitor to help prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you. On this tape a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels when he knows the man he is defending is guilty. He gives his reason for defending someone in these circumstances. 1.  What are the two main jobs of a solicitor? 2.  What does the young solicitor talk about on the tape? Exercise 13 Match each word or expression on the left with the correct definition. a)  witness                    1. everything witnesses say in court: facts, etc. b)  cross-examine  2. where witnesses stand in court c)   witness-box      3. someone who sees a crime or an accident   a)  evidence b)  defence 4.   ask all witnesses involved in a case questions 5.   to say something happened though the fact hasn't been proved yet f) allege 6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty. Exercise 14 Read, translate and discuss the text. ATTORNEYS IN THE USA Growth of the Profession Today the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. Twenty-five years ago there was one lawyer for every 700 people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth through the end of the century. Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards. There are other reasons for the popularity of the legal profession and the great demand for legal services. Materialism and individualism in American culture encourage dispute.

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