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Module 2.2
Legal Education
Task 1. Check to see if you know the meanings of these key words for discussion:
| advisory office | юридична консультація; |
| defence counsel | захисник; |
| defendant | відповідач; |
| legal counsellor | юрист, адвокат; |
| litigate | виступати стороною у цивільному npoцeci; |
| marriage settlement | акт розпорядження майном у шлюбі; |
| notary | нотаріус; |
| plaintiff | позивач; |
| regional bar | колегія адвокатів; |
| standard of conduct | норма поведінки |
Task 2. Read and translate the text.
My Future Profession
I am a second year student of Kyiv National Linguistic University, Law faculty. When I entered the University I had a vague idea of what I would do in future. Having studied a lot of legal subjects, such as Theory of Law and State, Criminal Law, Civil Law, Financial Law and others I could outline the profession I'm engaged in. Now it is obvious that in community some kind of law is necessary because every day of our lives we are restrained and guided by law. It protects us while it restricts us. Sometimes it punishes us.
Law can also be defined as a standard of conduct, which regulates the relation of the individual to the central government, the relation of the government to the individual, and the relations among the individuals. If there is a conflict in these relations, the law also provides the court system, through which the respective sides can litigate a problem and reach a solution. So, the scope of the law necessarily makes it complex, and complexity has created the need for specialists, namely a lawyer, whose work is quite diversified. He may act as the defence counsel in court, he may represent the interest of the plaintiff or the defendant in civil or criminal cases.
In national economy lawyers are entrusted the control on the legality of orders and instructions issued by governing bodies; they participate in drawing up different agreements and contracts, which are concluded with other enterprisers; lawyers also inform on the current legislation and give help in legal matters, conduct cases in courts. In addition they give advice on various legal problems and are often employed by business firms. In almost all civil-law countries there are notaries, who have exclusive rights to deal with such office work as marriage settlements and wills.
All barristers in our country are incorporated either in the national bar. Members of the bar work at legal advisory offices, which function in every town administrative district.
Our department trains specialists for working in court, Office of Public Prosecutor, Notary, other juridical bodies and also in legal service of national economy.
Task 3. Give the corresponding equivalents to the following words and word combinations.
A. to outline the profession; to have a vague idea; to be engaged in; to define as a standard of conduct; to provide the court system; the respective sides; to reach a solution; namely a lawyer; national economy; to entrust the control on the legality of orders; to represent the interest of the plaintiff or the defendant; to draw up different agreements; to conclude contracts with other enterprises; to inform on the current legislation; civil-law countries; to deal with such office work as marriage settlements and wills; to be incorporated in the national or regional (territorial) bar.
B. студент другого курсу; бути обмеженим та керуватися законом; керувати відносини приватної особи до центрального уряду; відносини між приватними особами; масштаб (рамки) права; виступати захисником в суді; представляти інтереси відповідача; народне господарство; брати участь в укладанні договорів; укладати контракти з придприємствами; чинне законодавство; видавати накази; давати поради по різноманітним правовим проблемам; контроль за законністю наказів та інструкцій; адвокати; працювати в юридичній консультації; прокуратура; нотаріальна контора.
Task 4. Match the words with their definitions
| 1. legality | a. a barrister or other legal adviser; a body of them in a case | |
| 2. plaintiff | b. the wealth and resources of a country | |
| 3. counsel | c. a person sued in a court of law d | |
| 4. national economy | d. a person who brings a case against another in court | |
| 5. notary | e. lawfulness | |
| 6. defendant | f. barristers collectively | |
| 7.the Bar | g. a person authorized to perform certain formalities |
Task 5. Answer the questions.
1. What faculty do you study at? 2. What subjects are you studying this semester? (did you study last semester?) 3. What is your favourite subject? 4. What subject do you consider to be the most difficult (the simplest) one? Why? 5. What is the definition of law? 6. When does a person appeal to the court? 7. How can professional skills of a lawyer be applied? 8. What do lawyers do in national economy? 9. Where can graduates from the Faculty of Law work? 10. What kind of law would you like to specialize in? Where do you want to work after the graduation?
Law. Kinds of law.
Task 6. Read and translate the text.
WHAT IS LAW?
The question "What is law?" has troubled people for many years. A whole field of study known as jurisprudence (the study of law and legal philosophy) is devoted to answering this question. Many definitions of law exist. For our purposes, however, law can be defined as the rules and regulations made and enforced by the government that regulate the conduct of people within a society.
As a child, you learned about rules first at home and later at school. At home, your parents made and enforced rules concerning issues like chores and bedtimes. Rules made and enforced by the government are called laws. The government makes laws that affect almost every aspect of daily life.
One thing is certain: every society that has ever existed has recognized the need for laws. These laws may have been unwritten, but even pre-industrial societies had rules to regulate people's conduct. Native American societies, for example, were governed by unwritten laws. When Europeans first arrived on the North American continent, each of the native American nations (or tribes, as they are commonly called today) maintained order through a system of unwritten rules. Because many non-native American government officials and others did not see or understand these traditional mechanisms, many non-native Americans held the erroneous view that the societieswere lawless. Today, some native American groups arestill governed, at least in part, by traditional unwritten law. Without laws, there would be confusion anddisorder. This does not mean that all lawsare failor even good, but imagine how people might takeadvantage of one another without a set of rules.
a) Find the equivalents for the following words and expressions in the text.
існувати, втілювати у життя; юриспруденція; визначення права; всередині суспільства; закони впливають на кожен аспект повсякденного життя; визнати необхідність законів; доіндустріальне суспільство; керуватися неписаними законами; поведінка людей; підтримувати порядок; помилкова думка; плутанина та безлад; набір правил.
B) Answer the questions.
1. Why has the question "What is law '" troubled people for many years?
2. What is jurisprudence?
3. What definition of law is given in the text?
4. Why does any existing society need laws?
5. Have laws always been written?
6. What would happen if people lived without laws?
С) Say in a few words what the text is about.
Task 7. Problem-solving:
Make a list of all your daily activities (for example, waking up, eating, going to university). Next to each item, list any laws that affect that activity. What is the purpose ofeach law that you identified? Would you change any ofthese laws? Why?
Task 8.
A) Read and translate the text.
THE NEED FOR LAW
Mr. Jones, having murdered his wife, was burying her in the garden one night, when his neighbour, hearing the noise, asked him what he was doing.
“Just burying the cat,” said Mr. Jones.
“Funny sort of time to bury a cat,” said the neighbour.
“Funny sort of cat”, said Mr. Jones.
Now it is obvious to everyone that, in a community such as the one in which we live, some kind of law is necessary to try to prevent people like Mr. Jones from killing their wives. When the world was at a very primitive stage, there was no such law, and, if a man chose to kill his wife or if a woman succeeded in killing her husband, that was their own business and no one interfered officially.
But, for a very long time now, members of every community have made laws for themselves in self-protection. Otherwise it would have meant that the stronger man could have done what he liked with the weaker, and bad men could have joined together and terrorized the whole neighbourhood.
If it were not for the law, you could not go out in broad daylight without the fear of being kidnapped, robbed or murdered. There are far, far more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone.
There is no difficulty in understanding this but it is just as important to understand that law is not necessary just because there are bad people in the world. If wc were all as good as we ought to be, laws would still be necessary. If we never told lies, never took anything that didn't belong to us, never ommitted to do anything that we ought to do and never did anything that we ought not to do, we should still require a set of rules of behaviour, in other words laws, to enable us to live in any kind of satisfactory state.
How is one good man in a motor-car to pass another good man also in a motor-car coming in the opposite direction, unless there is some rule of the road? People sometimes hover in front of one another when they are walking on the pavement before they can pass, and they may even collide. Not much harm is done then, but, if two good men in motorcars going in opposite directions hover in front of one another, not knowing which side to pass, the result will probably be that there will be two good men less in the world.
So, you can see that there must be laws, however good we may be. Unfortunately, however, we are not always good and some of us are bad, or at any rate have our bad moments, and so the law has to provide for all kinds of possibilities. Suppose you went to a greengrocer and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle. You could go back to the shop, demand proper potatoes and hit the shopkeeper on the nose if he refused to give them to you. You might then look round the shop to try to find some decent potatoes. While you were doing this, shopkeeper might hit you on the back of the neck with a pound weight. Altogether not a very satisfactory morning's shopping.
Or you might pay your money to go to see a film at a cinema. You might go inside, sit down and wait. When the cinema was full, there might be flashed on the screen: "You've had it, Chums" And that might be the whole of the entertainment. If there were no law, the manager could safely remain on the premises and, as you went out, smile at you and say: "Hope you've enjoyed the show, sir." That is to say, he could do this safely if he were bigger than you or had a well-armed bodyguard.
Every country tries, therefore, to provide laws which will help its people to live safely and as comfortably as possible. This is not at all an easy thing to do, and no country has been successful in producing laws which are entirely satisfactory. But we are far better off with the imperfect laws which we have, than if we had none at all.
b) Answer the questions.
Rules, laws, regulations - What is your personal understanding of these words? Is there any difference between them?
c ) Work in groups. Make a list of arguments for and against the following statements.
1. Laws haven't changed since primeval times.
2. However hard people try, laws are always insufficient.
3. Laws are not for ordinary people, they are for lawyers.
Task 9. Read and translate the text.
KINDS OF LAWS
Laws fall into two major groups: criminal and civil. Criminal laws regulate public conduct and set out duties owed to society. A criminal case is a legal action brought by the government against a person charged with committing a crime. Criminal laws have penalties, and offenders are imprisoned, fined, placed under supervision, or punished in some other way. Criminal offenses are divided into felonies and misdemeanors. The penalty for a felony is a term of more than one year in prison. For a misdemeanor, the penalty is a prison term of one year or less. Felonies are more serious crimes such as murder or robbery. Misdemeanors are less serious crimes such as simple assault or minor theft.
Civil laws regulate relations between individuals or groups of individuals. A civil action (lawsuit) can be brought by a person who feels wronged or injured by another person. Courts may award the injured person money for the loss, or they may order the person who committed the wrong to make amends in some other way. An example of a civil action is a lawsuit for recovery of damages suffered in an automobile accident. Civil laws regulate many everydaysituations such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence.
Sometimes one action can violate both civil and criminal law. For example, if Joe beats up Bob, he may have to pay Bob's medical bills under civil lawandmay be charged with the crime of assault under criminal law.
а) Find the equivalents for the following words and expressions in the text:
громадська поведінка; обов’язки перед суспільством; кримінальне право; цивільне право; звинуватити у скоєнні злочина; правопорушник; оштрафувати; помістити під нагляд; ув’язнення на термін до одного року; карний злочин; провина, що карається судом; вбивство; грабіж; напад; крадіжка; цивільна справа; суд може присудити відшкодування за збиток; захист прав споживачів; халатність;судова тяжба (процес).
b) Answer the questions:
1. What two groups of laws do you know?
2. What is a criminal case?
3. How are criminal offenses divided?
4. What crimes are more serious?
5. What is the penalty for a felony or a misdemeanor?
6. Make a list of all the crimes mentioned in the text.
7. What do civil laws regulate?
8. Give your own examples of how one action can violate both civil and criminal laws.
c) Say in a few words what the text is about.
Task 10. Match the words on the left with the correct definitions on the right:
1. jurisprudence a. law dealing with private rights of citizens, not
with crime
2. criminal law b. punishment for wrongdoing
3. civil law c. the branch of law dealing with crimes and their
Punishment
4. felony d. recognized and permitted by the law
5. misdemeanor e. accuse
6. murder f. violent and sudden attack
7. penalty g. the study of law and legal philosophy
8. assault h. major serious crime, e.g. murder, armed robbery,
Arson
9. responsibility i. legal offence less serious than a felony
Task 11. Translate the following sentences into English.
1. Існує багато визначень поняття „право”.
2. Будь-яке суспільство, яке коли –небудь існувало, визнавало необхідність законів.
3. В багатьох племенах порядок підтримується системою традиційних неписаних законів.
4. Життя будь-якого суспільства неможливе без законів.
5. Цивільне право регулює взаємовідносини між окремими людьми та групами людей.
6. Правопорушника було оштрафовано на 300 доларів.
7. Що це за злочин: крадіжка або пограбування?
8. Потерпілому відшкодували збитки.
Task 12. Find the definition for each term.
authority court govern rule judge legal action law enforcement agency lawyers legal system legislation the judiciary tribunal
1 a body that is appointed to make a judgement or inquiry
2 a country’s body of judges
3 an act or acts passed by law-making body
4 behaviour recognized by a community as binding or enforceable by authority
5 legal proceedings
6 an official body that has authority to try criminals, resolve disputes, or make other legal decisions
7 an organization responsible for enforcing the law, especially the police
8 a senior official in a court of law
9 the body or system of rules recognized by a community that are enforceable by established process
10 the control resulting from following a community’s system of rules
11 members of the legal profession
12 to rule a society and control the behaviour of its members
Task 13. Complete the following text about basic legal concepts using the following words and phrases. Use each term once.
Authority court govern judges legal system rule lawyers
Law enforcement agency legal action legislation the judiciary tribunal
Why do we have laws and (1) ……? At one level, laws can be seen as a type of which is meant to behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs. Law, the body of official rules and regulations, generally found in constitutions and (2) ……., is used to govern a society and to control the behaviour of its members. In modern societies, a body with (3) ……, such as a (4) …… or the legislature, makes the law; and a (5) ……, such as the police, makes sure it is observed.
In addition to enforcement, a body of expert (6) …… is needed to apply the law. This is the role of (7)……, the body of (8) …… in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or (9) ……________. One thing, however, seems to be true all over the world - starting a (10) ……___________________________ is both expensive and time-consuming.
Task 14. Law has its origins in the early developments of civilized society, and through time there have been major influences on the laws that we follow today.
A) Match these sources of law with the descriptions below.
Common law Roman law Napoleonic Code The Ten Commandments
……., which evolved in the 8th century BC, was still largely a blend of custom and interpretation by magistrates of the will of the gods.
…… evolved from the tribal and local laws in England. It began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society. In this way the Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that replaced the rules laid down by earlier societies.
…… formed the basis of all Israelite legislation. They can also be found in the laws of other ancient peoples.
…… refers to the entire body of French law, contained in five codes dealing with civil, commercial, and criminal law.
b) Are the following sentences about the sources of law true or false?
1 The Ten Commandments are based on moral standards of behaviour.
2 In common law, judges resolve disputes by referring to statutory principles arrived at in advance.
3 Roman law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies.
4 The Napoleonic Code was introduced into a number of European countries, notably Belgium, where it is still in force. It also became the model for the civil codes of Quebec Province in Canada, the Netherlands, Italy, Spain, some Latin American republics, and the state of Louisiana.
Task 15.
a) One way of classifying and understanding the law is by subject matter. Lawyers often divide the law and the legal system into two: criminal law and civil law. Classify the following terms into the appropriate column below. Two terms can appear in both columns.
Compensation contract crime damages family law
intellectual property plaintiff police private individual
Prosecution the accused the defendant theft to fine
to bring a case to bring an action to charge someone with something
| Criminal | Civil |
| to charge someone with something | plaintiff |
b) Now complete the following text contrasting criminal and civil law by choosing from the words/phrases above.
Criminal Law vs Civil Law
One category is the criminal law- the law dealing with. A case is called a. The case is instituted by the prosecutor, who takes over the case from the who have already decided the defendant (or) with specified crimes. The civil law is much more wide-ranging. The civil law includes the law of and (or).
In a civil case, the, normally a or company to win. If the case is proven (on the balance of probabilities, meaning that one is more sure than not), the defendant normally pays the plaintiff ( money).
Legal Professions
Read and translate the text.
Types of Legal Professions in the UK
SOLICITORS
There are about 50.000 solicitors, a number which is rapidly increasing, they make up by far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today work of preparing legal documents for buying and selling houses, making wills etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates' court.
BARRISTERS
There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).
JUDGES
There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.
JURY
A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.
MAGISTRATES
There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.
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.
Choose the correct definition for each legal profession mentioned in the text.
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 of 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 clients on legaf and speaks for them in lower law courts.
Read and translate 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 quality 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 сases in Court), Indeed, if уоu 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. Barristers do not have public offices in any street. They work in what are known as chambers, often in London. Тhеу all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. In many ways the remoteness they have aid the job they do are medieval in conception
To qualify as a barrister you have to take 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.
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?
Read and translate the text.
Judges In Great Britain
In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.
A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.
Magistrates are selected by special committees in every town and district Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.
Answer the questions.
1. What kind of people are Magistrates?
2. Why are they selected?
3. Who would judge a person who had committed a crime like murder?
4. Who selects Magistrates and what is unusual about the system?
Solicitors
Solicitors undertake most of the work in magistrates’ courts and county courts - both preparation of cases and also advocacy. But litigation is only a small part of the work of the solicitor’s profession as a whole. Most are involved in commercial work relating to business eg dealing with commercial transactions, corporate matters, land, share and other property dealings. There is also a large amount of private client work which does not involve any litigation (if all goes to plan!) such as the conveyancing of houses, making wills, advising on tax matters and so on.
Most solicitors are graduates with a law degree. They must also undertake professional training both by a one year Legal Practice Course and then by two years under a training contract with a solicitor in practice. Solicitors operate mainly in large partnerships.
The solicitors’ profession is regulated by the Law Society which deals with matters such as training, qualifications and complaints.
Barristers
The traditional work of barristers is advocacy - they present cases in court, where their ability to speak and to think quickly "on their feet" as the evidence unfolds is what they are skilled in.The barrister will be "briefed" (instructed) by a solicitor - it is the solicitor who first contacts the client and has initial conduct of the case. However, the barrister is to a fair extent independent of the solicitor and can take an independent judgment as to how to conduct the case. Barristers are occasionally advocates in magistrates’ courts (more commonly in London than elsewhere), but they mainly work in the Crown Court (it is possible to have a solicitor advocate but this is still rare), the High Court or in appeal courts.
Related to this advocacy work, barristers also deal with advice on litigation and the drafting of documents ("pleadings") related to litigation.
Most barristers are law graduates and they likewise undergo professional training through a Bar Vocational Course and through a pupillage with a qualified barrister. More senior barristers can apply to become a Queen’s Counsel ("take silk").
Barristers are all sole practitioners, but they often share premises ("chambers") and administrative staff.
The Bar Council regulates the work of barristers.
Other
Though many legal tasks can only be provided by properly qualified individuals such as solicitors and barristers, preliminary legal advice or information is available from a wide range of other sources.
For example, the government itself gives some funding to the Citizens Advice Bureau (CAB). This is a national organisation which has hundreds of branches throughout the country. The CAB consists of a core of professional, full-time staff (some lawyers, some not) but also involves many volunteers, some of whom are again selected to ensure the availability of legal expertise.
As well as the general CAB, there are many more specialist groups which help with legal issues within their area of interest e.g.
Shelter - the national Campaign for Homeless People in the UK.
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