The american legal profession
The American legal profession, like American law, has its roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, as courtroom lawyers, known as barristers.
In the United States, there is no division of profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of work done by lawyers.
Attorneys
Depending upon the circumstances and the needs of the client the lawyer may be a counselor, a negotiator and /or a litigator. In each of these roles the lawyer will need to engage in factual investigation.
Counselor: Attorneys will help advise the client how to order the client’s affairs.
Negotiator: Lawyer will work with opposing counsel to try to get a favorable resolution for the client.
Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.
Fact Investigator: All of the lawyer’s roles require the investigation of relevant facts including locating and interviewing witnesses.
Judge
The judge is the final arbiter of the law. Judges 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.
Jury
The jury, a group of local citizens, is the fact-finder in most trials. The jury receives instructions from the judge, assess the facts and return a verdict.
II. Ответьте на вопросы.
1. What are the two types of lawyers in England?
2. What does the role of attorney depend on?
3. Who advises on the client’s affairs?
4. Who can help you obtain favorable resolution?
5. How is a majority of the state court judges elected?
III. Прочитайте следующие утверждения и решите, какие из них правильные, какие –нет.
1. Some lawyers in the United States do office work, some – courtroom work.
2. A litigator can help you obtain a favorable resolution.
3. Interviewing witnesses is part of attorney’s work.
4. The Senate approves appointment of the federal judges.
5. The jury is composed of people wishing to participate in the trial.
IV. Подберите к следующим словам и словосочетаниям правильный русский перевод
| 1. courtroom lawyers | a. консультировать |
| 2. advise | b. адвокат с правом выступления в суде |
| 3. pick a jury | c. свидетель |
| 4. fact-finding | d. расследование |
| 5. witness | e. подобрать жюри присяжных |
V. Поставьте глаголы, данные в скобках, в соответствующем времени и переведите предложения на русский язык.
1. The police … (to question) a number of people about the crime last week.
2. After the jury had listened to all the evidence, they … (to find) both the men guilty.
3. They … (to send) to prison for seven years.
4. Many communities across the nation … already … (to start) their own campaigns against crime.
5. Serious crimes … (to connect) with unemployment and drug abuse.
VI. Вставьте подходящие по смыслу слова или словосочетания в предложения.
1. The American law has its … in England.
2. The lawyer may be a counselor, a … and /or a litigator.
3. All of the lawyer’s roles … the investigation of relevant facts.
4. Many state court … are elected by popular vote.
5. The jury … instructions from the judge.
ВАРИАНТ 9
I. Прочитайте и письменно переведите текст.
THE COURT SYSTEM OF THE UK
Nowadays courts can be created only by act of Parliament. Courts may be classified in a number of ways, for example, superior and inferiorcourts. The most usual difference, however, between criminal and civil courts.
In criminal cases the courts which are the first to hear cases are the magistrates’ courts and the Crown Court (for more serious cases). The Court of Appeal in London has a Criminal Division and a Civil Division. It hears appeals in criminal cases from the Court of Appeal, and in civil cases, from the county courts and the High Court. The Highest Court of Appeal in England, Wales and Northern Ireland is the House of Lords (Scotland has its own High Court).
Magistrates’ Courts
A magistrates’ usually consists of three unpaid magistrates known as justices of peace ‘JP’s). There are nearly 28,000 magistrates serving some 450 courts.
The magistrates try less serious offences. The most serious offences, such as murder, manslaughter, rape and robbery, are tried by the Crown Court.
Youth Courts
Cases involving people under 18 are heard in youth courts (formerly juvenile courts). These are special magistrates’ courts. There are restrictions on public access and media coverage.
The Crown Court
The Crown Court sits at about 90 centers and is presided over by High Court judges, full-time ‘circuit judges’ and part-time recorders. England and Wales are divided into six circuits for the purpose of hearing criminal cases.
The Crown Court tries the most serious offences. All contested cases are presided over by a judge sitting with a jury.
The High Court deals with the more complicated cases as well as with appeals from tribunals, magistrates’ courts, family problems, wills and administration of property.
II. Ответьте на вопросы.
1. What court is the first to hear serious offences?
2. Can a magistrate try manslaughter?
3. What restrictions are binding in the youth courts?
4. How are contested cases tried?
5. What cases does the High Court deal with?