Файл: методичка англ-яз юристы з-о 2013.doc

Us Attorneys

The Justice Department is responsible for faithful execution of the laws under the president's authority. The main administrators of federal law enforcement are the ninety-four US attorneys, appointed by the president with the advice and consent of the Senate. Unlike federal judges, these appointees serve at the pleasure of the president and are expected to relinquish their positions when the reins of government change hands.

There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount of litigation in the district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district.

US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals. In 1983 President Reagan appointed Rudolph Giuliani as US attorney for the Southern District of New York (covering a large portion of the New York metropolitan area). Over the next five years, Giuliani notched his briefcase with dozens of successful prosecutions of elected officials, judges, organized crime figures, and Wall Street inside traders. Giuliani's activities generated reels and reams of favourable press coverage, he even appeared on a Newsweek cover. This kind of public exposure can help a US attorney launch a successful career in elected office. As a powerful prosecutor or potential opponent, Giuliani's name must make some politicians shudder.

How does someone become a lawyer?

In some countries in order to practise as a lawyer it is necessary to get a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, it is not in fact necessary to have a degree, although nowadays most people entering the profession do. The main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Someone with university degree in a subject other than law needs first to take a preparatory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, lawyers will tell you that the time they spent studying for their law finals was one of the worst periods of their life! This is because an enormous number of procedural rules covering a wide area of law must be memorized.

In Japan, where there are relatively few lawyers, the examinations are supposed to be particularly hard: less than 5 percent of candidates pass. Even after passing the examination, though, a lawyer is not necessarily qualified.

A solicitor in England, for example, must then spend two years as an articled clerk, during this time his work is closely supervised by an experienced lawyer, and he must take further courses. A barrister must spend a similar year as a pupil.

The rate at which the legal profession grows is terrific. In the 21^st century the number of lawyers will probably outpace the rate of population growth.

Why is the career in law so popular? In the USA the average salary of experienced lawyers in private practice is more than $100,000.

Lawyers’ salaries are substantially greater than those of many other professionals. The glamour of legal practice strengthens the attraction of its financial rewards.

The Bar Final examination — экзамен, который сдается при поступ­лении в Коллегию Адвокатов

the Law Society Final examination — экзамен, дающий право быть членом Общества юристов (профессионального союза солиситоров)

degree (n) — звание, степень ,e.g. university degree

insufficient (adj) — недостаточный

pass (v) — зд. сдавать (экзамены)

requirement (n) — требование

take a course — пройти учебный курс

finals (n) — выпускные экзамены

articled clerk — клерк-стажер (без жалования)

supervise (v) — наблюдать (за кем-то), руководить (кем-то)

outpace (v) — опережать, превышать

salary (n) — заработная плата, получаемая ежемесячно

strengthen (v) — усиливать, укреплять

1. Circle a); b) or с) to complete the sentence.

1) The British lawyers are required……………….

1. to pass professional exams;

2. to work as a clerk for 5 years after graduating from a university;

3. wear black suits

2) The requirements for barristers and solicitors are………………

1. identical;

2. partially identical;

3. different

3) In Japan the professional law exams are……………….

1. difficult to pass;

2. not practised;

3. easy to pass

4) A barrister must work for a year as………………….

1. an articled clerk;

2. a pupil;

3. an attorney

5) The average salary of an experienced lawyer is………………...

1. very low;

2. ridiculous;

3. much higher than those of other professionals

2. Tick off the true statements according to the text.

1. The legal profession is extremely popular all over the world.

2. A future lawyer must pass various professional exams.

3. A solicitor in England must spend half a year as an articled clerk.

4. The final exam for barristers is called the Bar Final examination.

5. Japan has a large number of lawyers.

3. Choose the correct definition of the term “an articled clerk”:

1. an inexperienced lawyer;

2. a lawyer who failed his final exam;

1. a post which a solicitor in England has for two years after passing Law Society Final exam.

4. Read the text again and find the English equivalents for the words and phrases below:

• стать юристом

• получить университетскую степень

• недостаточный

• сдавать экзамены

• пройти подготовительный курс

• основное требование

• выпускные экзамены в области юриспруденции

• пять процентов кандидатов

• за его работой наблюдают

• средняя заработная плата

• опережать рост населения

• усилить

• клерк-стажер

An outline of lawmaking process in great britain and the usa

Read the following texts.

Britain

New legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages, called readings. The first reading is purely formal, to introduce the bill. The second reading is usually the occasion for debate. After the second reading the bill is examined in detail by a committee.

The bill is then returned to one of the houses for the report stage, when it can be amended. If passed after its third reading, it goes to the other house. Amendments made to a bill by the House of Lords must be considered by the Commons. If the House of Commons does not agree, the bill is altered and sent bask to the Lords. In the event of persistent disagreement between the two houses, Commons prevails.

Finally, the bill goes to the reigning monarch for the royal assent. Nowadays the royal assent is merely a formality. In theory the queen could still refuse her consent, but the last monarch to use this power was Queen Anne, who vetoed the unpopular Scottish Militia Bill in 1707.

United States

The US Congress, the lawmaking arm of the federal government, consists of two houses: the House of Representatives and the Senate. Any congressman in either house, or the president, may initiate new legislation.

The proposed legislation, or bill, is first introduced in the House of Representatives, then referred to one of the standing committees, which organizes hearings on it and may approve, amend or shelve the draft. If the committee passes the bill, it is considered by the House of Representatives as a whole. If passed there, it goes to the Senate for a similar sequence of committee hearings and general debate.

In cases of disagreement, the House of Representatives and the Senate confer together. Once passed by the Senate as a whole, the bill has to be examined by two more standing committees - the Committee on House Administration and the Senate Committee on Rules and Administration - and is then signed by the speaker of the House and by the president of the Senate.

Finally, it must be signed by the president, who has the right to veto it. If the president vetoes a bill, it can still become a law - but only if it is passed by a two-thirds majority in both houses of Congress.

1. Answer the questions.

1. In which House does new legislation usually start?

a) in Great Britain

b) in the USA

2. What is a bill ? How does a bill become a law ?

a) in Great Britain

b) in the USA

3. Who has the right of veto ?

a) in Great Britain

b) in the USA

2. Match the following statements with a particular (British or American) law system.

1)Next week Mr. Richardson presents our case in the County Court.

2)Everybody is shocked: the Senate hasn’t approved the President’s decision to appoint Mr. John Brian Star the fifteenth federal district’s attorney.

3)This chamber is situated in 45 Oxford Street.

4)The Inns of Court are as respectable as exclusive clubs.

3. Work in groups. Find as many differences (similarities) in the lawmaking in Gr.Br. and the USA as possible.

The court system of england and wales

Read the text and examine the chart.

The most common type of law court in England and Wales is the magistrates' court. There are 700 magistrates' courts and about 30,000 magistrates.

More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County courts.

Appeals are heard by higher courts. For example, appeals from magistrates' courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights.

The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners' courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

Find in the text the English equivalents for the words below.

- общее право;

- решение суда;

- уголовный кодекс;

- гражданский кодекс;

- мировой судья;

- Суд Короны;

- гражданское дело;

- суды графств;

- Европейский суд по правам человека;

- правовая система;

- суд по делам Несовершеннолетних;

- правонарушитель;

- насильственная смерть;

- уголовное дело.

The united states of america the constitution

1. Before reading the texts, tell the class what you remember about the system of government and the Constitution of the USA.

2. Read the text.

The Constitution and the Bill of Rights

The former colonies, now "the United States of America", first operated under an agreement called the Articles of Confederation (1781). It was soon clear that this loose agreement among the states was not working well. The central, federal government was too weak, with too few powers for defence, trade, and taxation. In 1787, therefore, delegates from the states met in Philadelphia. They wanted to revise the Articles, but they did much more than that. They wrote a completely new document, the Constitution, which after much argument, debate, and compromise was finished in the same year and officially adopted by the thirteen states by 1790.

The Constitution, the oldest still in force in the world, sets the basic form of government: three separate branches, each one having powers ("checks and balances") over the others. It specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states. The Constitution has been repeatedly amended to meet the changing needs of the nation, but it is still the "supreme law of the land". All governments and governmental groups, federal, state, and local, must operate within its guidelines. The ultimate power under the Constitution is not given to the President (the executive branch), or to the Supreme Court (the judicial branch). Nor does it rest, as in many other countries, with a political group or party. It belongs to "We the People", in fact and in spirit.