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3. learned about other legal systems  

4. studied terminology  

5. gave presentations  

6. practised speaking about own legal system  

12. 1.1 Listen to the conversation again and then discuss with a partner which course (Heidi’s or Pavel’s) most resembles your experience of legal English so far.

LAW IN PRACTICE

Pre-reading tasks____________________________________________________

Lawyers in smaller firms often advise clients on general legal issues, contacting colleagues for assistance when necessary. Lawyers in larger firms tend to specialise in specific areas, such as advising on tax matters, dealing with commercial transactions or registering patents. Which areas of law do you find most interesting and why?

Reading tasks_______________________________________________________

Read the advertisement for the Barker Rose Graduate Recruitment Programme

GRADUATE RECRUITMENT PROGRAMME

For the ambitious graduate wishing to train as a commercial lawyer, we offer trainees first-rate work in an informative, challenging and busy atmosphere, where your contribution counts from day one.

We require approximately 15 exceptional trainee solicitors each year to contribute to our future growth, in both our London and Manchester offices.

We handle only commercial matters, offering training in company, commercial and finance, commercial litigation, employment, media, energy, trade and commodities, shipping and property law, and in the business skills essential to success as a solicitor.

Strong academic qualifications, including a 2.1 degree (any discipline). We take a flexible approach and are willing to progress candidates whose application otherwise demonstrates first-rate personal qualities and experience.

Apply by 31st July two years before the start of the training contract.

To apply online, please click on this link: http://www.barkerrose.co.uk

We will pay your full course fees for both the GDL and LPC, plus maintenance of £6,000 during your GDL and £7,000 through your LPC study year.

If you would like further information, please contact Graham Matthews, our Graduate Recruitment and Trainee Manager, on 0650 581 8967 or by email at graduate.recruitment@barkerrose.co.uk.

Barker Rose will be presenting its Graduate Recruitment Programme at the University of London Law Fair on 15 May at 2.30 p.m. in the John Adams lecture theatre.

1. Answer these questions.

1. Do you need to have a law degree to qualify for the programme?

2. How will Barker Rose help graduate students qualify to become solicitors?

2. Read these four descriptions of students and decide if they would be suitable for the Barker Rose Graduate Recruitment Programme. Give reasons for your answers.

1. Andrea

Andrea is most interested in criminal law and has helped advise defendants of their rights at her university law clinic. She is very studious and is aiming for a first-class law degree.

2. Sandip

Sandip founded his own e-commerce business following a disappointing 2.2 law degree. He is now in great demand as a gifted dotcom consultant, but would like to pursue a career in commercial law.

3. Meral

Meral is interested in company law and is very ambitious. Her aim is to become a partner in a law firm by the age of 30. She would like to begin her training contract next year in order to get ahead as soon as possible.

4. Oren

Oren is a business-studies student and would like to pursue a career advising companies on mergers and acquisitions. He had originally wanted to start his own business, but decided on a career in law during his second year.

3. Discuss these questions with a partner.

1. Would the Barker Rose Graduate Recruitment Programme be of interest to you? Why (not)?

2. If you had the chance to speak to someone about the programme, what questions would you ask?

 Writing_________________________________________________________

4. The Barker Rose Graduate Recruitment programme gives an email address where you can write for more information. Write a short email asking the questions you discussed in Exercise 3, question 2. Use the opportunity
to give some information about yourself, your professional and academic
background and why you are interested in applying for the programme.

Listening_______________________________________________________

5. 1.1 Barker Rose are presenting their Graduate Recruitment Programme at the University of London Law Fair. Listen to the first part of the presentation and decide whether these statements are true (T), false (F) or not clear (NC).

1. The students at the presentation have recently taken their mid-term exams.

2. The speaker is a law graduate.

3. Most of the speaker’s lawyer friends are partners in law firms.

4. The speaker will take questions during and at the end of the talk.

5. There were over 60 lawyers working for Barker Rose in 1979.

6. New associates can work in an area of law that interests them.

6. 1.2 Listen to the second part of the presentation and answer these questions.

1. How much do graduate trainees earn during their second year at Barker Rose?

2. How are year-end bonuses awarded?

3. What other benefits are paid for by the firm?

4. How many hours are associates expected to bill per year?

5. After how many years are some associates considered for partnership?

7. Some words can have several meanings. Choose the best explanation (a or b) for each of these words or phrases as they are used in the presentation.

1. a partner

a) one of the owners of a partnership (e.g. a law firm)

b) someone’s boyfriend, girlfriend, husband or wife

2. an associate

a) a person whose position at work is slightly lower or less complete than the full official position described (e.g. an associate director)

b) a person who is closely connected to another person as a companion, friend or business partner

3. a bonus

a) a pleasant, additional thing

b) an extra amount of money given as a reward in addition to the money you were expecting

4. benefits

a) a helpful or good effect, or something intended to help

b) things such as medical insurance that employees receive in addition

to money

5. to practise

a) to do something regularly in order to become skilled at it

b) to work in an important skilled job for which a lot of training is necessary

Structuring a presentation

In order to be effective, a presenter must make the audience understand why the topic important to them. It is also important to make your points short, simple and clear. Remember to KISS (Keep It Short and Simple).

8. This outline gives a detailed summary of the main parts commonly found in
presentations.

1. Welcome the audience

2. Introduce yourself

3. Introduce the topic

4. Tell the audience why they should be interested in the topic

5. Tell a short personal anecdote

6. Give an overview of the talk

7. Main point

8. Summary

9. Final ‘bang’ - leave the audience with a strong final impression

9. 1.2, 1.3 Listen again to the whole presentation and complete this table of useful phrases.

10. How formal was the style of the presentation? Support your answer with examples from the table above.

 Speaking_______________________________________________________

11. Prepare a short presentation on one of these subjects. Use the guidelines above to help you.

• What your university has to offer potential new undergraduates

• What your law firm has to offer graduate recruits

UNIT 2____________________________________________________________

CIVIL LAW:

1. FAMILY LAW.

2. CONTRACT LAW.

3. INTELLECTUAL PROPERTY.

4. COPYRIGHT.

Pre-reading tasks____________________________________________________

1. Give examples from your country (different countries) of how the family is given special legal consideration.

2. Match the following English words and expressions with their Ukrainian equivalents:

1. unification of law

2. accumulated wisdom

3. origin

4. comprehensive code

5. strong legal institutions

6. family property

7. major consequences

8. mixed legal systems

   1. основні наслідки

   2. уніфікація права

   3. змішані правові системи

   4. всеохоплюючий кодекс

   5. сильні правові установи

   6. походження

   7. накопичена мудрість

   8. сімейна власність

Reading tasks_______________________________________________________

Scan the text to find distinct meanings of civil law. Write them down. Compare them with the definition given in a dictionary.

CIVIL LAW:

1. Roman law.

2. The law of any particular state, now usually called municipal law.

3. A legal system based on Roman law, as distinct from the English system of common law.

4. Private law, as opposed to criminal law, administrative law and military law.

Note on the text:

Emperor Justinian - імператор Юстиніан

CIVIL LAW

Civil Law is the body of private law used in those countries in which the legal system is based on ancient Roman law modified by medieval and modern influences. Civil law is used in most nations in Europe and Latin America, as well as in some countries in Asia and Africa. The law of Great Britain, the United States, Canada, and a number of other nations is based on English common law, which differs from civil law in origin and other important respects.

The term civil law is also employed to distinguish those legal codes that deal with civil relationships (such as citizenship, marriage, divorce, and certain contractual arrangements) from other codes such as those dealing with criminal law.

The civil law originated in ancient Rome. One of the principal characteristics of Roman civilization was the development of strong legal institutions. In the 6th century, a commission appointed by the Emperor Justinian collected and consolidated all the sources of law, including the opinions of the great legal scholars during previous centuries. The result was the Corpus Juris Civilis (Body of Civil Law), also called the Justinian Code, a comprehensive code with the accumulated wisdom and experience of many generations of Roman jurists.

During the 17th and 18th centuries, the authority of the Corpus Juris began to decline. The stage was then set for the systematic and comprehensive codification of modern civil law. The most influential, although not the first, codification effort was the enactment, during the Napoleonic period, of the five basic codes of France. In the course of the 19th century, most civil-law countries similarly codified their legal statutes.

Codification of the civil law had several major consequences: (1) After their enactment, the codes constituted comprehensive and authoritative legal texts that superseded all earlier authorities in the teaching of law as well as in legal practice. (2) Within each nation-state, the codes brought about a strong measure of national unification of the law. (3) In their substance, the codes differed from one nation to another. In recent years, however, there were efforts, in the nations of the European Union and elsewhere, to replace certain isolated national laws with international legal practices.

From its origins in continental Europe, the civil law gradually spread to all of the areas in Africa, Asia, and Latin America that were colonies of France, the Netherlands, Belgium, Spain, or Portugal. When they gained independence, most of the former colonies continued the civil-law orientation of their legal systems. Civil-law systems were also voluntarily adopted in Japan, South Korea, Taiwan, Thailand, and Turkey.

In a number of countries, moreover, the civil law constitutes an important component of a mixed legal system. For example, in Scotland, South Africa, and Sri Lanka, the legal system combines civil- and common-law elements. In North America the same phenomenon can be observed in the state of Louisiana and in the province of Quebec. The legal systems of many North African and Middle Eastern nations are strongly influenced by the French civil-law codes, even though in some areas of law — especially those relating to the family and to family property — these countries tend to follow Islamic tradition.

UNDERSTANDING MAIN POINTS___________________________________

3. Skim the text to understand its general meaning. Try to point out the main ideas of the text and write a plan for the text.

4. PREPOSITIONS. Choose the right preposition in brackets according to the contents of the sentences (on, by, in, from, as…as, to, with).

1. ... the 5^th century various Anglo-Saxon tribes invaded Britain.

2. One of the two traditions of law in the world is based ... English Common law.

3. What legal code deals ... such civil relationship as marriage and divorce?

4. The lawmakers of many parts of Europe were often influenced ... the model of Roman law.

5. Common law, or case law system, differs ... Continental law in having developed gradually throughout history, not as the result of government attempts to codify every legal relation.

6. In most situations it is not necessary to distinguish illegal conduct ... consequences.

7. Though Canada is called a “common law country”, it has both case law and statute law ... well ... administrative law.

8. Private law, or civil law, consists ... the rules relating ... the relations between private persons and groups.

5. Insert one of the following words into the text in an appropriate form.

century, code, civil,

spread, efforts, wisdom,

private, to adopt, to influence

to include

There are two major systems of law which are ... in the Western world such as common law and civil law. Most English-speaking countries have a common law system. The term ... law has two different meanings. It may refer to civil or ... law, or to the system used by many continental European countries.

The civil law system is the older of the two. Its beginnings can be traced back to the law of the Romans. In the 6^th..., there were ... of the Emperor Justinian to accumulate ... and to compile a Code that ... all of great Roman laws. This code ... to those parts of Europe under Roman control. In the 19^th century, Napoleon established a similar..., which was later adopted to many European countries. For example, the Napoleonic Code also greatly ... the lawmakers of Quebec Civil Code.

THE PRACTICE OF LAW

__________________________________________________________________

1. Match these bodies of law with their definitions.

1. civil law

2. common law

3. criminal law

1. area of the law which deals with crimes and their

punishments, including fines and/or imprisonment

(also penal law)

2. legal system developed from Roman codified law,

established by a state for its regulation; 2) area of

the law concerned with non-criminal matters, rights

and remedies

3. legal system which is the foundation of the legal

systems of most of the English-speaking countries

of the world, based on customs, usage and court

decisions (also case law, judge-made law)

2. Complete the text below contrasting civil law, common law and criminal law using the words in the box.

The term “civil law” contrasts with both “common law” and “criminal law”. In the first sense of the term, civil law refers to a body of law 1) …………. written legal codes derived from fundamental normative principles. Legal 2) ………………. are settled by reference to this code, which has been arrived at through 3)……............ .

Judges are 4) …………….. the written law and its 5) ……………... .

In contrast, common law was originally developed through 6) ………………. , at a

time before laws were written down. Common law is based on 7) …………………

created by judicial decisions, which means that past 8) …………………. are taken

into consideration when cases are decided. It should be noted that today
common law is also 9) ……………….. , i.e. in written form.

In the second sense of the term, civil law is distinguished from criminal law, and refers to the body of law dealing with 10) ……………………. matters, such as breach of contract.

3. Which body of law, civil law or common law, is the basis of the legal system in our jurisdiction?

Types of law

The word law refers generally to legal documents which set forth rules governing a particular kind of activity.

4. Read the following short texts, which each contain a word used to talk about types of laws. In which kind of document do you think each appeared? Match each text (1-5) with its source (a-e).

1. court ruling

2. local government document

3. newspaper

4. parliamentary speech

5. brochure for employees

1) The new EU Working Hours Directive

is reported to be causing controversy

amongst the medical profession.

2) When a statute is plain and unambiguous,

the court must give effect to the intention

of the legislature as expressed, rather than

determine what should or should not be.

3) The purpose of this Ordinance is to

regulate traffic upon the Streets and Public

Places in the Town of Hanville, New

Hampshire, for the promotion of the safety

and welfare of the public.

4) These workplace safety and health

regulations are designed to prevent personal

injuries and illnesses from occurring in the

workplace.

5) Speaker, I am pleased to have the

opportunity to present the Dog Control

Amendment Bill to the House. It is a

further milestone in meeting the changing

expectations we have about what is responsible

dog ownership.

5. Find words in Exercise 5 which match these definitions. Consult the glossary if necessary.

1. rules issued by a government agency to carry out the intent of the law; authorised by a statute, and generally providing more detail on a subject than the statute

2. law enacted by a town, city or county government

3. draft document before it is made into law

4. legal device used by the European Union to establish policies at the European level to be incorporated into the laws of the Member States

5. formal written law enacted by a legislative body

6. Complete the sentences below using the words in the box.

bill directive ordinance regulations statutes

1. The Town Council will conduct a public hearing regarding a proposed ………........... concerning property tax.

2. According to the ……………. concerning working time, overtime work is work which is officially ordered in excess of 40 hours in a working week or in excess of eight hours a day.

3. Early this year, the government introduced a new ……………….. on electronic

commerce to Parliament.

4. A number of changes have been made to the federal ……………. governing the seizing of computers and the gathering of electronic evidence.

5. The European Union ……………… on Data Protection established legal principles aimed at protecting personal data privacy and the free flow of data.

Types of courts

Courts can be distinguished with regard to the type of cases they hear.

7. Match each of the following types of court (1-9) with the explanation of what happens there (a-i).