Becoming a lawyer in the United States normally requires following a rigid path with many barriers that are placed in your way. If you fail to get by just one of these barriers, you are OUT of the game!
To become a lawyer in the USA you must:
1 Obtain a bachelor’s degree with a high Grade Point Average (GPA)
2 Score very high on the Law School Admission Test (LSAT)
3 Attend an American Bar Association (ABA) law school
4 Pass the bar examination
For the students whose goal is to attend law school, it is vital to complete first a bachelor’s degree in any field and to perform well the LSAT, which is a basic requirement for any school.
Law school applicants should take the LSAT at the beginning of the
final year of their study. No knowledge of law is needed to do well on the exam. It’s a standard test of academic aptitude in the areas of comprehension and analytical and logical reasoning.
The programs of most law schools have a great deal in common. The similarity is natural, since most American schools of law share one and the same aim of educating lawyers for careers that may take many paths and will frequently not be limited to any particular state or region.
Within this tradition some schools combine an emphasis on technical legal knowledge and professional skills with a concern for illuminating the connections between law and social forms it interacts with.
The curriculum of law schools is traditional, but some include offerings in emerging areas of law, such as environmental law, international law, intellectual property, white - collar crime, and business. The curriculum is also rich in clinical advocacy and skills offerings. Perspective subjects, such as legal history, legal philosophy and the law in literature are also taught.
A law school graduate should have mastered the legal processes and should thoroughly grasp the role of law in the affairs of society, both historically and contemporarily. The school strives to provide its students with this understanding and with a firm base of knowledge and analytical skills.
Some graduates who initially enter law practice later become business executives, civic leaders, government officials, and judges. With this fact in view, the curriculum is designed to afford a comprehensive education in governmental processes and in the relation of law to a wide variety of contemporary problems. Whatever career graduates pursue – they should be well educated in the role of law in society and its cultural heritage.
Below there are some of the curricular offerings studied during the law course:
Civil Procedure. A survey and evaluation of the stages of a civil lawsuit: (1) the preliminary stage; (2) the pleading stage; (3) the discovery stage; (4) the trial stage; (5) the appeal stage.
Constitutional Law. The problem of interpretation and enforcement of the written Constitution of the United States and the nature of judicial supremacy are analyzed in their historical and modern contexts. The three branches of government and their interrelationships are considered, together with the nature of the federal system. The nature, sources, interpretations, and scope of the federal powers are considered, with special attention given to the commerce power. The Bill of Rights and the 13th, 14th, and 15th Amendments to the U.S. Constitution are especially considered.
Contracts. Analysis of the agreement process, formalism, interpretation, default and its consequences, discharge, multiple party transactions, quasi-contracts, apportionment of losses, protection of the reliance interest and of the security of transactions, and the place of contractual obligations in the economic and social order.
Criminal Law. An examination of the substantive criminal law, its origin, and its sources; the elements of crime; and modifying circumstances and defences. Also discussed are offences against the person and property; those offences involving specific intent; and public welfare offences.
Evidence. This course introduces students to the traditions, principles, policies, concepts, sources of law, and professional (and unprofessional) attitudes that form the heart of an attorney’s life in the courtroom. Students will become familiar with federal rules of evidence, both as present law and as examples of the rules forming the contemporary American law of evidence.
Legal Profession. This course is designed to investigate and describe the professional environment of the American lawyer. What lawyers do; competition, admission, and educational standards; and bar associations and other bar-related groups are examples of the subject matter discussed. The student studies the efficacy of professional rules and customs from a historical, economic, and sociological viewpoint.
Legal Research/Writing. The students’ goal in this course is to learn how to convey a legal analysis of a problem in a written form. They learn how to write legal analysis. Simultaneously students learn how to research legal problems by touring the library and completing research exercises. Students apply what they have learned by interviewing a client, performing research on the client’s legal problem, and drafting a legal memorandum concerning the matter. Finally they learn to write an appellate brief. Students write multiple drafts of the brief and receive extensive feedback. Students also develop the skill of oral argument.
Personal Income Tax. This course covers the Internal Revenue Code of 1986, emphasizing the fundamental rules dealing with the federal income tax action of individuals.
Property. This course is designed to examine the judicial, statutory, and administrative regulation of interests in land and land use. Students are introduced to fundamental areas of real property law, such as the estate system, landlord and tenant rights in land, and planning and zoning controls utilized by the state to control and restrict land use.
Torts. An introduction to basic principles of liability for harm to persons and property. The course analyses various categories of tortious conduct, defences and immunities, damages, and underlying principles and policies justifying liability.
Vocabulary
academic adj академический, теоретический
admission n прием; допуск
afford v предоставить
apply v применять
apportionment n распределение
aptitude n способность
authentification n подлинность
clinic n практические занятия, учебная практика
clinical offering n предложение практических занятий
commerce power n торговое право, право торговли
competition n конкуренция
convey v передать, перевести
curriculum n учебный курс, учебная программа
discharge n прекращение обязательств
draft n проект
default n невыполнение обязательств; неисполнение договора
efficacy n эффект
emerging areas n смежные области/отрасли.
environmental law n правовые нормы по охране окружающей среды
estate system n система собственности
evidentiary adj очевидный
extensive adj дополнительный, расширенный
feedback n отклик, реакция
firm base n прочная база
formalism n формализация; приведение в соответствие с формальными требованиями
governmental adj государственный
Grade Point Average (GPA) амер. средний выведенный балл за определенный период времени (в американской системе образования)
hearsay n свидетельство по слуху (основанное на слухах); с чужих слов
heritage n наследие
illuminate v освещать
immunity n имущественная неприкосновенность
initially adv первоначально
intent n намерение, цель
Internal Revenue Code (IRC) амер. налоговый кодекс; кодекс законов о внутренних государственных доходах
judicial adj судебный
justify v обосновать, подтверждать
law of evidence n доказательственность права
lawsuit n иск
modify v видоизменять
offenсe against n посягательство на
offering n предложение
pleading stage n стадия возражения по иску
power n полномочия; право
pursue v преследовать
quasi-contract n квазидоговор; почти/ как если бы договор
real (property) law n совокупность правовых норм, относящихся к
недвижимости
reasoning n аргументация
relevance n релевантность
relevant to относящийся к
reliance n доверие
rules of evidence n нормы доказательного права
scope n сфера; применение; содержание
statutory adj статутный (controlled by law)
strive v стремиться
supremacy n примат; верховенство
survey n обзор; обследование; наблюдение
technical legal knowledge n формально- юридические знания
tenant n арендатор
testimony n свидетельские показания
welfare n благосостояние
white-collar crime n беловоротничковое преступление (преступная махинация, совершаемая служащим или лицом, занимающим высокое общественное положение)
Reading tasks
A Answer these questions.
1 Is it difficult to become a lawyer in the USA? Prove your opinion.
2 What barriers do you have to overcome to become a lawyer?
3 What is the LSAT?
4 When is the LSAT taken?
5 Why do many law schools have much in common?
6 What areas of law does the curriculum of law schools include?
7 What skills are mastered through the courses?
8 What professions do graduates choose?
9 What courses are studied at a law school?
10 What knowledge does each of these courses provide?
B Say whether the following statements are true (T) or false (F).
1 For the students whose goal is to attend law school there’s no need to complete a bachelor’s degree.
2 The LSAT is a basic requirement for any school.
3 The LSAT is a standard test of academic aptitude.
4 Most American law schools share the aim of educating lawyers for careers that will be limited to the U.S. only.
5 The curriculum of law schools is traditional and includes emerging areas of law.
6 A law school graduate should fully understand the role of law in society.
7 It’s impossible to gain a comprehensive education in governmental processes.
Vocabulary tasks
A Match the following words with their meanings.
| 1 to attend 2 to perform a test (well/ badly) 3 curriculum 4 to pursue 5 professional skills 6 to grasp something 7 to complete a degree 8 to combine (an emphasis on) 9 to master something 10 to provide smb with smth | aan ability to do something well, because you have learned and practised it bto come together in order to work or act together cto succeed in understanding dto be present at lectures, classes eto get a title given by a university to a student who has done a course of study fto make sure that someone gets what they need gto do well/ badly on the exam hto learn sth completely ito continue doing an activity jthe subjects that are included in a course of study or taught in a college, university, etc. |
B Paraphrase the following using your vocabulary.
1 “You say your stay here will be but temporary. But where will you go when you leave London?”- the stranger carried on asking.
2 I had to read the letter twice before I succeed in understanding the meaning.
3 Oh, dear! once you’ve chosen me to be your wife you are to supply me with all the things I need.
4 It’s vital for you to gain the title of Bachelor in any field so that you could enter the law school.
5 His brother is seven years old and he goes to school.
6 The course of study offered by the university attracts with possibilities of doing research work and being trained by the best team of tutors.
7 Don’t cheat, and I’m sure you’ll pass your test successfully.
8 A good teacher should know his subject profoundly.
C Complete the sentences with the following words: pursue, aptitude, offerings, curriculum, attend, educating, grasp, perform.
1 For the students whose goal is to_______law school, it s vital to complete a Bachelor’s degree first.
2 Should you______the LSAT well, you become a student of a law school.
3 The LSAT is a standard test of academic______in the areas of comprehension.
4 Most American schools share the idea of_______lawyers for careers that will take paths not only in the U.S.
5 The curriculum of some law schools includes_______in emerging areas of law.
6 A law school graduate should_______the role of law in society.
7 The_______is designed to afford a comprehensive education in governmental processes.
8 Whatever career graduates________ – they should be well educated in the role of law in the society and its cultural heritage.
D Match the names of legal subjects with their definitions.
| 1 Torts | a Survey and evaluation of the stages of a civil lawsuit. |
| 2 Legal Profession | b The course which studies the system of laws that deals with crimes and the punishment of criminals. |
| 3 Contracts | c The course which introduces students to the traditions, principles, policies, concepts, sources of law. |
| 4 Civil Procedure | d This course investigates the professional environment of a lawyer. The student studies the efficacy of professional rules and customs from a historical, economic and sociological viewpoint. |
| 5 Criminal Law | e Analysis of the agreement process. |
| 6 Property | f The course which studies the IRC 1986 and emphasizes the fundamental rules dealing with the federal income tax action of individuals. |
| 7 Evidence | g An introduction to basic principles of liability for harm to persons and property. |
| 8 Constitutional Law | h The course which examines regulations of interest in land and land use. |
| 9 Legal Research | i The course dealing with the problem of interpretation of the U.S. constitution. |
| 10 Personal Income Tax | j This course teaches students to think and write persuasively. |