Читайте также:
|
|
A. The presiding judge was Vanessa Young, a tough, brilliant black jurist rumored to be the next nominee for the United States Supreme Court. She was not known for being patient with lawyers, and she had a quick temper. There was a saying among San Francisco trial lawyers: If you are guilty, and you’re looking for mercy, stay away from Judge Young’s courtroom.
B. «Dr. Paige Taylor, the accused.» The district attorney’s voice was filled with disgust. He turned to Gus Venable, his chief prosecuting attorney. «I’m handing this trial over to you, Gus. I want a conviction. Murder One. The gas chamber.»
«Don’t worry,» Gus Venable said quietly. «I'll see to it.»
C. Gus Venable, the chief prosecuting attorney, was a show in himself. He was a burly man, larger than life, with a mane of gray hair, and the courtly manner of a Southern plantation owner. He had the brain of a computer. His trademark, summer and winter, was a white suit, with an old-fashioned stiff-collar shirt.
D. Alan Penn, defense attorney, was Venable’s opposite, a compact, energetic shark, who had built a reputation for racking up acquittals for his clients.
E. Sitting in the courtroom watching Dr. Paige Taylor, the accused, Gus Venable, the prosecuting attorney, thought: She’s jury-proof. Then he smiled to himself. No one is jury-proof. However,there wasa look of innocence about her. She’s the kind girl, Gus Venable thought cynically, a man would be proud to take home to his mother. If his mother had a taste for cold-blooded killers.
Communicative Activities
Task 1. Being a lawyer is regarded as one of the best professions in many countries. Point out what the different areas of specialization are, and which you would choose, or have chosen, and why. Make notes under the headings. You can add any other points that occur to you.
a) choice of specialization;
b) number of years of training;
c) income expectations;
d) responsibilities;
e) kinds of clients;
f) need for foreign languages;
g) likely challenges and opportunities.
Task 2. Express your opinion on the following issues:
1. Are there different kinds of lawyers in your country? If so, what are the differences?
2. Can you describe the normal way that lawyers become qualified to practice law in your country?
3. Why is a career in law so popular? Why have you chosen law as your future career?
Task 3.
The jury in an English court is made up of 12 people. Their function is to decide on points of fact, in other words, whether the accused committed the crime with which she/he is charged; the role of the judge is to advise the jury on points of law. Will you describe the criteria of jurors’ selection in the RF, their number and the functions of Russian jurors?
Task 4.
Every legal system needs professionals to provide legal services. These systems are organized in many different ways. In England this work is carried out by two groups of professionals - solicitors and barristers. Below is the list of tasks carried out by solicitors and barristers. Classify them into the appropriate column.
advising clients on general legal issues
advising clients on specialist legal issues
advising on litigation advising on tax matters
advocacy in all courts advocacy in the lower courts
commercial work conveyancing of houses
dealing with commercial transactions
drafting of documents in connection with litigation
making wills preparing cases
share and other property dealings
Solicitors | Barristers |
advocacy in the lower courts | advocacy in all courts |
Task 5.
The legal training for solicitors (who provide general legal advice to clients) and barristers (who present cases in the upper courts) is different. The following short texts describe the stages in legal training, but they are mixed up. Put the steps into the correct category and order.
1 Practice and continuing education
The next stage is to obtain a 'tenancy': becoming an assistant to a practising barrister.
2 Getting the qualifications
The next step is to acquire some legal training specific to the work of a barrister.
3 Developing practical skills
Next the intending solicitor has to enter a two-year training contract with a firm of solicitors to gain practical experience in a variety of areas of law.
4 Getting the training an experience: pupillage
This is the 'apprenticeship' served by trainee barristers, who are known as pupils. It usually takes a year and consists of a mixture of assisting and observing experienced barristers, as well as more practical experience.
5 Getting the academic qualifications
The quickest and most common route to qualification is by means of a qualifying law degree.
6 Getting the vocational qualifications
You will have to undertake the Legal Practice Course, which is the professional training for solicitors. The course teaches the practical application of the law to the needs of clients.
7 Getting the academic qualifications
The first part of training to become a barrister is known as the academic stage, which provides a general theoretical introduction to the law.
Task 6.
A. Look through the answers to the 9 frequently asked questions (FAQs) regarding notaries public given by an experienced American notary and say what answers are relevant to the Russian notary. Accentuate the differences and comment on them.
1. What are the general powers/functions of a notary public?
A notary acts as an official witness to the identity of a person who comes before the notary. A notary is authorized to witness or attest a signature, administer an oath or affirmation, certify an oath or affirmation, take acknowledgments, and certify or attest a copy.
2. What qualifications must be met in order to become a notary public?
An individual must be a citizen of the United States, a legal resident of Oklahoma, or an out-of-state resident who is employed within Oklahoma, and at least 18 years of age or older.
3. How do I become a notary?
The individual should request an application form and submit it to the Secretary of State along with the $25.00 fee. A commission will be issued to the individual upon receipt of a properly completed application and the appropriate fee.
4. Is a notary public required to have a seal?
Yes. Each notary shall provide a notarial seal containing the notary's name, the words "State of Oklahoma " and "Notary Public". The seal may be either a metal seal which leaves an embossed impression or a rubber stamp. The date of expiration and commission number may be part of the stamp or seal.
5. What is an acknowledgment?
The notarial act evidenced by a certificate signed and dated by the notary public is referred to as an acknowledgment. The acknowledgment includes the jurisdiction in which the act is performed, the title "Notary Public", date of expiration, commission number, official stamp or seal, and official signature. The wording of the acknowledgment should correspond with the type of notarial act being provided.
6. Is a notary required to keep any records?
It is recommended that a notary maintain a record of all their official acts. It is a good way to keep track of individuals acts and is useful in the event a notary public be called into a court of law. It is suggested that the following information be kept:
1. Date of notarial act
a) Type of notarial act performed
1. A description of the document
1. The signature and printed name and address of each person for whom a notarial act was performed
1. A description of the form of identification provided (i.e. driver’s license or photo identification) or a statement that the person is “personally known” to the notary
1. The location where the notarization was performed
The amount of fee charged, if any
7. How does a notary identify a signer?
A notary identifies a signer by carefully examining the identification presented by that person and comparing the signatures the person has made on the document with the signature on the identification or by personal knowledge. Proper "ID" should include a photograph and signature such as a driver's license or passport. It is also considered sufficient identification if, under oath, a credible witness personally known to the notary public identifies the person.
8. Can a notary notarize their own signature or the signatures of relatives?
A notary cannot notarize his or her own signature. A notary is to be an impartial witness. The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness.
9. What fees may a Notary Public charge?
The maximum a notary may charge and collect for each notarial act is Five Dollars ($5.00.) If a fee is charged, it is recommended that it be recorded in the notary's official records.
B. The achievements of IT age have brought a new form of ID documents known as digital ones due to the biometric technology i.e. paper documents will soon be replaced by digital ones. The essence of this innovation may be briefly described as follows: instead of a traditional paper passport there will be a thin integrated circuit — basically, a tiny computer chip containing digital photographs of the bearer, digitized fingerprints and even scans of the bearer's irises. So services of a notary won’t be relevant or important, will they? Give all possible arguments for or against it.
Task 7. You are a notary from Russia. Make up a conversation with your college from the US at the conference hall during the coffee break. Cover the most interesting questions out of the 9 FAQs.
Texts for Reading and Rendering
Text 1
Дата добавления: 2015-10-31; просмотров: 194 | Нарушение авторских прав
<== предыдущая страница | | | следующая страница ==> |
Clerks of the court | | | INFORMATION HIGHLIGHTS ON SOME LEGAL PROFESSIONS IN THE |