Vocabulary tasks
A Match the following words and phrases with their Russian equivalents.
1 criminal law a необоснованный иск
2 trial lawyer b обсуждать дело
3 unwarranted claim c разбирать дело
4 to charge with crime d некоммерческая организация
5 to handle a case e работать только на
6 to argue a case f уголовное право
7 to employ full time by g адвокат в суде первой инстанции
8 nonprofit organization h обвинить в преступлении
B Complete the sentences with the appropriate words from the box.
| office lawyers lawyer legal profession courtroom professional title contracts advice barristers defences specialized attorneys |
The American Legal Profession
The American 1) _________, like American law, has it roots in England, but with significant differences. In England the legal profession is divided between 2) ________ known as solicitors, and courtroom lawyers known as
3) ________.
In the United States there is no division of the profession, and a 4) _______ frequently does both office work and 5) _______ work.
Even lawyers with the same qualifications and 6) ________ may be doing very different kinds of work. Most towns in the United States, for example, have small firms of 7) _______ who are in daily contact with ordinary people giving 8) _______ and acting on matters such as consumer affairs, traffic accident disputes and 9) _________for the sale of land. Some may also prepare
10) _______ for clients accused of crimes. However, in both the United States and other industrialized countries, lawyers are becoming more and more
11) _______. There is a great deal of variety in the types of the work done by lawyers.
C Complete the sentences with the words you learnt in this Unit.
1 In England and Wales, a _______ prepares briefs but does not represent the
clients in court. This is done by a _______. In the US, both functions are
performed by an _______.
2 In the US a _______ instigates a prosecution against someone suspected of a
crime. This can be done at district, county, state or federal level. In England
and Wales this is done by the Crown Prosecutor who works for the
Department of Public Prosecutions.
3 In England and Wales, a judge is appointed by the Lord Chancellor from
barristers who have worked successfully for over 10 years and who have
attained the status of Queen’s Counsellor.
4 In the US _______ in federal courts are appointed by the President with the
“advice and consent” of the Senate. Many state court judges are elected by
popular vote.
Text C
What Judges Do
Judges apply the law. They oversee the legal process that in courts of law resolves civil disputes and determines guilt in criminal cases according to Federal and State laws and those of local jurisdictions. They preside over cases touching on virtually every aspect of society, from traffic offenses to disputes over management of professional sports, from the rights of huge corporations to questions of disconnecting life support equipment for terminally ill persons. They must insure that trials and hearings are conducted fairly and that the court administers justice in a manner that safeguards the legal rights of all parties involved.
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Judges preside over trials or hearings and listen as attorneys representing the parties present and argue their cases. They insure that rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, judges direct how the trial will proceed based on their knowledge of the law.
Judges often hold pretrial hearings for cases. They listen to allegations and, based on the evidence presented, determine whether they have enough merit for a trial to be held. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending their trial, or may set conditions for release through the trial. In civil cases, judges may impose restrictions upon the parties until a trial is held.
When trials are held, juries are often selected to decide cases. However, judges decide cases when the law does not require a jury trial, or when the parties waive their right to a jury. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. Judges sentence those convicted in criminal cases in many States. They also award relief to litigants including, where appropriate, compensation for damages in civil cases.
Judges also work outside the courtroom in chambers. In their private offices, judges read documents on pleadings and motions, research legal issues, hold hearings with lawyers, write opinions, and oversee the court’s operations. Running a court is like running a small business, and judges manage their courts’ administrative and clerical staff too.
Judges’ duties vary according to the extent of their jurisdictions and powers. General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They generally try civil cases that transcend the jurisdiction of lower courts, and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court or administrative law judges if they determine that legal errors were made in a case, or if legal precedent does not support the judgement of the lower court. They rule on fewer cases and rarely have direct contacts with the people involved.
The majority of State court judges preside in courts in which jurisdiction is limited by law to certain types of cases. A variety of titles are assigned to these judges, but among the most common are municipal court judge, county court judge, magistrate, or justice of the peace. Traffic violations, misdemeanours, small claims cases, and pretrial hearings constitute the bulk of the work of these judges, but some States allow them to handle cases involving domestic relations, probate, contracts, and selected other areas of the law.
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Administrative law judges, formerly called hearing officers, are employed by government agencies to rule on appeals of agency administrative decisions. They make decisions on a person’s eligibility for various Social Security benefits or worker’s compensation, protection of the environment, enforcement of health and safety regulations, employment discrimination, and compliance with economic regulatory requirements.
Vocabulary
allegation n заявление, утверждение
applicable adj соответствующий
apply v применять, использовать
assign v передавать
award relief предоставить средства судебной защиты
chamber n контора адвоката
clerical staff n клерки
compliance n соблюдение / выполнение правовых норм
constitute v составлять
felony n уголовное преступление; фелония
litigant n тяжущаяся сторона, сторона по делу
merit n конкретное обстоятельство; существо; повод
misdemeanour n проступок
oversee v надзирать
pending впредь до
pleading n ходатайство
sentence v выносить приговор
terminally ill смертельно больной
transcend v превышать, выходить за пределы
virtually adj фактически
waive v отказываться
Reading tasks
Answer these questions.
1 How do you define “judge”?
2 What cases do judges preside over?
3 What do they insure?
4 How do judges hold pretrial hearings for cases?
5 How do judges work with juries?
6 How do judges work outside the courtroom?
7 How do judges’ duties vary?
8 What are the functions of the Federal court judges?
9 What cases do municipal court judges handle?
10 What are the functions of administrative law judges?
Vocabulary tasks
A Match the following English legal phrases with their Russian equivalents.
1 civil dispute a председательствовать на судебном
процессе
2 pretrial hearing b вводить ограничения
3 compensation for damages c суд присяжных
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4 apply the law d рассматривать дело
5 preside over case e тяжкое преступление
6 impose restrictions f отрасли права
7 jury trial g гражданский спор
8 try a case h возмещение ущерба
9 felony offense (-ce) i досудебное слушание дела
10 areas of law j применять закон
B Complete these sentences with the words from the box.
| law interfere judges bear the burden direct contactjustices courts legislators precedent conducting decisions |
Judges and Justices
The people who operate our courts are usually called 1) _________. In the USA Supreme Court jurists are called 2) _________. Trial judges are the main link between the 3) _________ and the citizens it serves. Trial judges 4) ________ of upholding the dignity of the 5) _________ and maintaining respect for the law. They should not improperly 6) ________ in the conduct of a trial. Trial judges are responsible for 7) _________ the “search for truth”.
The roles of justice and judge differ substantially. Whereas a trial judge has 8) ________ with the litigation and litigants, a justice rarely has any contact with them. Justices give reasons for their decisions in written form so that they will become 9) ________ and a part of the body of law. Thus, 10) __________ by justices may affect society as a whole. In this sense, the role of justices is similar to that of 11) ________.
Over to you
Describe jour job you would like to do as a lawyer in the US.