Solicitors and barristers

England is almost unique in having different kinds of lawyers with different career structures and jobs in the legal system. This situation of having the legal profession divided into solicitors and barristers is called a split bar.

If a person has a legal problem, he will go and see a solicitor. A solicitor is a lawyer who prepares legal documents, advises clients on legal problems, writes legal letters for his clients and carries on legal arguments outside Court. He or she does the legal work involved in buying a house, for instance. A solicitor deals with petty crimes and some matrimonial matters, prepares the case and the evidence and actually speaks for his client the lowest Courts, Magistrates’ Courts. In a civil action he may speak in the County Court, when the case is one of divorce or recovering some debts. He prepares cases for barristers to present in the higher courts. However, since 1992, solicitors who have demonstrated competence in advocacy have rights of audience before all courts.

Solicitors are controlled by law (the Solicitors Act 1974) and governed by the Law Society, which decides on standards of conduct. The Law Society issues rules covering the keeping of accounts, publicity, insurance, disciplinary procedures, and so on. The Law Society may impose restrictions in a practicing certificate.

There are about 50,000 solicitors, and the number is rapidly increasing. Almost 50 per cent of all new solicitors are women.

Barristers are different from solicitors. Barristers are experts in the interpretation of the Law and on advocacy (the art of presenting cases in courts of law). They are called in to advise on really difficult points and have the right to speak and argue in higher law courts. If somebody desires representation in any court except the Magistrates’ Court, he must have a barrister, with one or two exceptions.

Barristers work in what are known as chambers and belong to institutions called Inns of Court, which are ancient organisations, and remind exclusive clubs. Inns of Court, the headquarters of the legal profession in England, are situated in London. There are 4 legal societies that take their names from the original buildings - Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple (The Temple). There is also the Council of Legal Education, which superintends education and examination for the English bar.

Task 2. Translate the marked paragraphs into Russian.

Task 3. Put the questions to the following sentences using prompts in brackets:

1. They are called in to advise on really difficult points. (Disjunctive, Who …?)
2. Some solicitors have been granted the right to speak in the High Court. (General, What court ...?)
3. The case will be heard in the Crown Court. (Alternative, When ...?)
4. The witnesses are being interrogated now. (Where ...? Why ...?)

4. Put the verbs in brackets into required Tense Form (Present Indefinite, Present Continuous, Present Perfect, Present Perfect Continuous Active)

1. Mr. Julian (to come) to see you tomorrow afternoon. 2. I don't think I ever (to see) such a beautiful garden as this one. 3. I (to listen) to you for the past half an hour, but I'm afraid I (not to understand) a word. 4. You (to sit) at the desk for hours. Is it a difficult letter? - Yes. I (to decide) to resign from my job. 5. He (to be) such a bore! He always (to tell) the same joke. 6. He (to write) at least one article a week. 7. They (to deliver) already the goods, we (to put) them on the shelves now.

5. Put the verbs in brackets into required Tense Form (Past Indefinite, Past Continuous, Past Perfect, Past Perfect Continuous Active)

1. By that time the twins already (to sleep) for two hours. 2. You (to look) happy when you were talking to Jackie last night. Yes. I (not to see) her for six years. 3. Someone (to take) a photo of me while I (to have) a bath. 4. Sally was upset when you (not to eat) any of her birthday cake.- I just (to eat) a huge meal. 5. What you (to tell) him about the contract? 6. When we (to come) home, we (to find) that someone (to break) into the garage and (to steal) the car. 7. Mum and Dad (to sleep) when I (to get) home last night.

6. Put the verbs in brackets into required Tense Form (Future Indefinite, Future Continuous, Future Perfect, Present Perfect Continuous Active)

1. The time doesn’t suit me, I (to have) a Skype conference then. 2. Nick (to wait) for you at ten o'clock tomorrow in the hotel hall. 3. He (to be) busy tomorrow. He (to put) electric light in our country-house. 4. We (to travel) twenty miles more before we cross the frontier. 5. Next year we (to be) together for ten years. 6. At six o'clock I (to work) for five hours. 7. I... (not to agree) to that plan of yours!

7. Transform the following sentences from the Active Voice into the Passive Voice using the recommended beginnings.

1. They threw him out. He …
2. Nobody has made any mistakes. No …
3. Nobody has lived in this room for years. This room …
4. They promise us higher salaries. We …
5. The others told the new students where to sit. The new students …
6. People speak well of my friend. My friend …
7. People steal things from supermarkets every day. Things …

8. Transform the Direct Speech sentences into the Indirect Speech sentences.

1. Mother asked, “Aren’t you tired of doing nothing?”

2. “Ring me this evening”, she asked.

3. “I’ve spent the whole day writing letters,” he complained.

1. “Where have you been today?” he wondered.

5. “I’m studying an interesting problem”, he said.

6. He promised, “ I’ll hire the best lawyers.”

7. “I may not be able to send you a copy of the agreement shortly”, he said.

8. “If the lift stops between two floors press the emergency button”, he instructed.

9. “If you don’t like your job, find another one”, I said to her.

1. “Have another piece of cake”, he offered.

11. Donovan asked Sally, “Do you think it will be possible to get a job abroad?”

TEST 2E

Task 1. Study the text.

JUDICIARY OF GREAT BRITAIN

The judiciary of the UK consists of five tiers of the courts of law. The highest court of the UK is the Supreme Court. The Court has appellate jurisdiction in civil and criminal cases from the Courts of Appeal in England and Northern Ireland and in civil cases only from the Court of Session in Scotland.

The Court of Appeal sits in both civil and criminal divisions. The Civil division hears appeals from the High Court, county courts, certain special courts and tribunals. The Criminal division hears appeals by persons convicted on indictment in the Crown Courts.

The High Court in its civil jurisdiction is divided into three Divisions: Queen’s Bench, Chancery, and Family. Each of the division hears the cases within its jurisdiction. The criminal jurisdiction of the High Court is exercised exclusively by the Queen’s Bench Division. This divisional court deals with appeals from a Crown Court and magistrates’ courts, and also exercises the supervisory jurisdiction of the court. The Family division deals with the cases concerning minors, child custody, parenthood, etc. The Chancery division deals with business law, trusts law, probate law, insolvency, land law, etc.

The Crown Court exercises criminal jurisdiction and sittings are held regularly at major towns throughout England and Wales. It comprises judges of the Queen’s Bench Division of the High Court, Circuit judges and Recorders (part-time judges). They sit singly with juries trying persons charged on indictment with crimes. A judge of the Crown Court sits with two to four justices of the peace to hear appeals from magistrates’ courts.

The Central Criminal Court, known as the Old Bailey, is a sitting of the Crown Court, having criminal jurisdiction only over offences committed in Greater London or on the high seas.

County courts have exclusively civil jurisdiction, which is limited in extent and in area. The judges are persons who also hold office as Circuit Judges of the Crown Court.

Magistrates’ courts consist of a magistrate or of from two to seven justices of the peace. These courts have civil jurisdiction in relation to certain debts, licences, and domestic proceedings. In the exercise of criminal jurisdiction one or more justices may sit as examining magistrates to conduct a preliminary investigation into an indictable offence.

Task 2. Translate the marked paragraphs into Russian.

Task 3. Put the questions to the following sentences using prompts in brackets:

1. Criminal jurisdiction is exercised by the Crown Court. (What court … ? Alternative)
2. The case will be heard by the Queen’s Bench division. (Why ...? General)
3. The facts are being considered by the jury now. (What ...? Disjunctive)
4. The judge for the case has been appointed by the Chairman. (Whom ...? What .... by the Chairman?)

4. Put the verbs in brackets into required Tense Form (Present Indefinite, Present Continuous, Present Perfect, Present Perfect Continuous Active)

1. I am delighted to meet you, I always (to want) to. 2. I'm a great traveler: I (to visit) over thirty coun­tries. 3. I'm exhausted. I (to work) all day, and I (not to finish) yet. 4. I (to visit) many countries in the last five years. 5. How careless you are! You (to break) your mother's favourite cup. 6. Excuse me, I (to look) for a phone box. Is there one near here? 7. She just (to come); she will speak to you in a minute. 8. It (to get) dark. I (to think) we must leave now.

5. Put the verbs in brackets into required Tense Form (Past Indefinite, Past Continuous, Past Perfect, Past Perfect Continuous Active)

1. He (to return) home at 5 p.m. on Sunday, we just (to have) tea. 2. My eyes ached because I (to read) for three hours. 3. It (to rain) outside and the children (to cry), so we (to decide) to play a game. 4. I knew the facts of the case because I (to read) the report. 5. We (not to know) what to do when the computer (to break down). 6. He (to wait) for her for long time before she (to come). 10. Tom (to do) his home­work when his friend (to phone) him. 11. “You (to see) the match last night?” - “No. I (to try) to get some work done.”

6. Put the verbs in brackets into required Tense Form (Future Indefinite, Future Continuous, Future Perfect, Present Perfect Continuous Active)

1. They (to accomplish) this mission by the end of this month. 2. Don't come tomorrow, I (to write) my report. 3. Don’t worry, I (to help) you with pleasure. 4. I (to work) at the library for 3 hours when you come there. 5. This time tomorrow, I (to pack) my suitcases. 6. The forecast says the weather (to improve) by tomorrow. 7. "I ... (to help) you find the house," said the post­man.

7. Transform the following sentences from the Active Voice into the Passive Voice using the recommended beginnings.

1. They will turn the idea down in the first voting. The idea …
2. They serve hot meals till 10 pm every day. Hot meals …
3. They frown on bringing in your own food here. Bringing in …
4. Dogs have been guarding this property. This property …
5. Landslide has destroyed most of the village. Most …
6. Someone warned him not to come. He …
7. People often take her for her sister. She …

8. Transform the Direct Speech sentences into the Indirect Speech sentences.

1. She asked, “Haven’t you got any plans at all?”
2. “Ask the manager for permission”, he recommended.

3. “I’ve made two important deals this year”, he informed.

1. She interested, “Do you want to go abroad?”

5. She said, “I’m doing my first year at the University.”

6. “I’ll spend some money on new clothes”, he decided.

7. “I can’t do anything about it tonight”, he thought.

8. “If the copier doesn’t work call for technician”, he said.

1. “Don’t stand in the doorway”, the caretaker told the pupil.
2. “Why don’t you learn Spanish?”, she asked.
3. “Where are you going for your holidays?”, she wondered.

СЕМЕСТР

Для выполнения контрольных работ за 3-й семестр необходимо повторить или изучить следующий грамматический материал:

1. Сослагательное наклонение.

2. Условные предложения разных типов.

3. Модальные глаголы и их эквиваленты.

4. Неличные формы глагола. Инфинитив.

5. Инфинитивные обороты.

6. Неличные формы глагола. Герундий.

7. Неличные формы глагола. Причастие.

TEST 3A

Task 1. Study the text.

THE SYSTEM OF COURTS IN THE UNITED STATES

According to the Constitution “the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish”. The United States has a unique double system of judiciary: federal and state.

The federal system is headed by the US Supreme Court. The US Supreme Court is the highest tribunal in the United States. It checks the constitutionality of the laws. It includes a Chief Justice and eight associate justices. They are all appointed by the President and approved by the Senate.

Under the Constitution the Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers and consuls and cases in which a state is a party. In all other cases the Supreme Court’s jurisdiction is only appellate.

There are 13 Federal Courts of Appeal. The principal function of an appellate court is to review a trial court’s actions and decisions in given cases, and to decide whether the trial judge properly followed the law and legal precedent. In criminal or civil cases where a jury is used, the appellate court may have to decide whether the jury’s decision was proper.

The lower tier of the federal court system is made of United States District Courts. There are 94 Federal District courts throughout the country. They are trial courts of primary jurisdiction. The function of a trial court is to receive and consider evidence in a case and make judgements based on the facts and underlying law and legal precedent. District Courts primarily hear cases involving violations of federal law, such as theft of federal property, pure food regulations, misuse of federal post, kidnapping, etc. The jury system is used in federal district courts.

The state system of courts repeats the pattern of the federal system. It also consists of three tiers and is headed by a Supreme Court. The functions and powers of a state Supreme Court are similar to those of the US Supreme Court within the authority of a state constitution. Each state has a court of appeal. Appellate court judges review the earlier trial and determine whether or not it was fair, according to the law.

The lower tier of a state system is made of courts of trial. Trial courts at the state level may be divided into courts of limited jurisdiction and courts of general jurisdiction. Courts of limited jurisdiction rule on minor civil matters and minor violations of the criminal law. Courts of general jurisdiction consider more serious civil and criminal cases.

Task 2. Translate the marked paragraphs into Russian.

Task 3. Answer the questions to the text in written form:

1. What courts of law does the US Constitution establish?

2. How many tiers of courts is the US Federal judiciary made of?

3. What are the jurisdictions of the US Supreme Court?

4. What cases do the Federal District courts hear?

5. What makes the state judiciaries similar to federal judiciary?

6. What courts make up the lower tier of the state court systems?

Task 4. Open the brackets focusing on the use of tense forms in the conditional sentences:

1. What would you have done if I (say) nothing then?

2. I’ll go for a walk after I (do) my homework.

3. Before we (make) the decision, we’ll have to think it over very carefully.

4. Don’t do it unless you really (have) to.

5. I shan’t need this tool after I (finish) repairing the door-lock.

6. If she (come) earlier, she (have been able) to see him before went out.

7. 4. He (go) for a ride with you, if he (repair) his bicycle.

Task 5. Choose the proper modal verb from those in brackets, write the resulting sentence and translate it into Russian:

1. The fire spread through the building quickly but everybody (was able to escape; should escape; must escape).

2. The phone is ringing. It (need to; ought to; could) be Tom.

3. The author (must have been; ought to have been; should have been; was to have been) extremely ambitious indicating only desirable targets instead of attainable ones.

4. The company is considering whether any new products (need to be added; should be adding; need add; ought to add) to the line for sale in foreign countries.

5. Price restrictions (may; should; must; ought to) prevent firms from using the strategies they consider optimal in achieving their ends.

6. If you have a high blood pressure, you (had better; are better; need better; may better) stop eating salt.

Task 6. Open the brackets using the required form of the Infinitive or Infinitive construction. Translate the sentences into Russian:

1. I'm happy (hear) of Tom's success. 2. Mary was happy (give) that job. 3. They won't let us (leave) the Customs till our luggage has been examined. 4. I'd like (the professor, look through) my report. 5.We considered (he, be) an honest person. 6. He is considered (be) a good lawyer. 7. He is believed (work) at an urgent problem now.

Task 7. Open the brackets using the gerund in the appropriate form. Translate the sentences into Russian:

1. The famous man didn't need (introduce) himself. 2. I remembered he (be elected) some months before. 3. He got into the house by (climb) through a window, without (see) by anyone. 4. It is unwise to buy a car before (obtain) the driving license. 5. He complained of (mistreat) by the personnel of the hotel.

Task 8. Open the brackets using the participle in the appropriate form. Translate the sentences into Russian:

1. I must have these documents (prepare) by Monday. 2. Then I will need these documents (authorize) by the notary. 3. It was really a (frighten) situation and (frighten) people didn’t know what to do. 4. (Examine) the crime scene, the investigators left. 5. (Ask) of his whereabouts that day, he couldn’t provide any answer.

TEST 3B

Task 1. Study the text.

THE JUDICIAL SYSTEM OF THE REPUBLIC OF BELARUS

Under the Constitution of the Republic of Belarus the judicial power in the Republic is vested in courts of law. The judicial system of the Republic is made up of courts of law of three tiers. On the top of the judicial pyramid is the Supreme Court of the Republic of Belarus. It is the highest appellate court of the country. It is headed by the Chairman of the Supreme Court of the Republic of Belarus who is appointed by the President on the consent of the upper house of the National Assembly - the Council of the Republic. The Supreme Court judges are nominated by the President on the advice of the Chairman and must be approved by the Council of the Republic. Once approved, all members of the Court hold office for life. The Supreme Court includes separate divisions for civil, criminal and military cases. The Court has a supervisory function over the work of the lower courts. It also collects and analyses the courts statistics.

The middle tier of the republican judicial system is made up of six regional courts and the Minsk Town Court. The composition of those courts is similar to that of the Supreme Court. All judges of the regional courts including their chairmen are nominated by the President on the recommendation of the Chairman of the Supreme Court and the Minister of Justice for life. These courts deal with major criminal, civil and military cases and hear appeals from inferior courts. The decisions of the regional courts may be appealed only to the Supreme Court.

At the bottom of the judicial pyramid are district and town courts spread all over the country. Most litigation starts in these courts. A district or town court usually consists of a chairman and a number of judges, depending on the size and the population of the district. All judges of these inferior courts are appointed by the President on the recommendation of the Chairman of the Supreme Court and the Ministry of Justice. The first term of office of an inferior court judge is five years; all other judges are appointed for life. District and town courts decide both criminal and civil cases and deal with administrative matters involving disputes between individuals and individuals and government departments. The decisions of district and town courts may be appealed to the corresponding regional courts and further up to the Supreme Court of the Republic of Belarus.

The Constitutional Court of the Republic of Belarus checks the constitutionality of the laws, decrees, orders and other documents which have the force of law.

Task 2. Translate the marked paragraphs into Russian.

Task 3. Answer the questions to the text in written form:

1. What are the functions of the Supreme Court of the RB?

2. How are the judges of the Supreme Court appointed?

3. What divisions are the regional courts separated into?

4. What is the term of office of a judge in the RB?

5. How many tiers of courts does the Belarusian judiciary consist of?

6. That is the jurisdiction of the Constitutional court of the RB?

Task 4. Open the brackets focusing on the use of tense forms in conditional sentences:

1. If John (be) late, don’t wait and go without him.

2. Just give me a call when you (know) something more.

3. Unless I’m needed, I (not, go) there.

4. I will see to it as soon as I (be) through with my other job.

5. If it rains we (stay) at home.

6. If he (be) present, this (not, occur).

7. 7. If the storm (not, rage),the ship (leave) the harbour last night.

Task 5. Choose the proper modal verb from those in brackets, write the resulting sentence and translate it into Russian:

1. Why did you stay at a hotel when you went to New York? You (should stay; could stay; could have stayed) with Barbara.

2. I’ve lost one of my gloves. I (must drop; must have dropped; must be dropping) it somewhere.

3. You (are better not; were better not; better not; had better not) go out without coat.

4. “When (are ____ to; must ___ ___ ; do ______ have to; need _____ __ ) we ___ expect you?” -- “Soon after half past five.”

5. Don’t contradict her. You (are to; have to; should; ought to) respect her old age.

6. All the samples of new products must be ready by Friday because the exhibition (is to open; has to open; should be open; should open) on Saturday.

Task 6. Open the brackets using the required form of the Infinitive or Infinitive construction. Translate the sentences into Russian:

1. I'll be happy (send) to the conference with my report. 2. He made me (do) it all over again. 3. If you want the evidence (collect) as soon as possible you should let us (start) at once. 4. We expect (he, arrange) everything by the time we come. 5. I don't like (she, prevent) me from doing it. 6. James is expected (make) a report next Wednesday. 7. She is supposed (work) in the library from 2 to 6 p.m. tomorrow.

Task 7. Open the brackets using the gerund in the appropriate form. Translate the sentences into Russian:

1. I did not know about he (to send) on business last week. 2. The situation is odd, and it badly needs (explain). 3. The injured man remembered (cross) the road, but he didn't remember (knock down). 4. The witness was punished for (tell) a lie at the trial. 5. The jury can’t make a verdict in spite of (consider) it for two days.

Task 8. Open the brackets using the participle in the appropriate form. Translate the sentences into Russian:

1. (Leave) alone in the house, he locked doors and windows. 2. (Send) the letter he felt more relaxed 3. I hear somebody (talk). 4. I want to have these invoices (issue) in triplicate. 5. With senior partner (be absent) John had to do all the work. 6. It was really an (excite) experience and she spoke about it in an (excite) voice.

TEST 3C

Task 1. Study the text.

CRIMINAL LAW

Criminal law is a branch of public law that defines crimes and fixes punishments. Criminal law not only determines what criminal conduct is, but also regulates the methods of capturing, charging and trying suspected crimi­nals; imposes penalties on convicted offenders; determines the methods by which a convicted person can challenge the conviction.