Before reading the text answer the following questions.
1. Why did you make up your mind to become a lawyer?
2. What are the most attractive things in the legal profession: salary, protection of society and individuals, prestige?
Although many kinds of people working in or studying legal affairs are referred to as lawyers, the word really describes a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has gained. Most countries have different groups of lawyers who each take a particular kind of examination in order to qualify to do particular jobs. In Japan, a lawyer must decide whether he wants to take the examination to become anattorney, a public prosecutor or a judge. In England, the decision is between becoming abarrister or asolicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, theright of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, and once appointed they cannot, continue to practice as barristers. Solicitors do much of the initial preparation for cases which they then hand to barristers, as well as handling legal workwhich does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. In general, it can be said that a barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents.
In the United States attorneys often specialize in limited areas of law such as criminal, divorce, probate ( доказывание завещания), or personal injury, though many are involved in general practice. The duties of an attorney are to act with diligence and fidelity to one’s client and to show average prudence, knowledge, and skill in professional dealings. Most towns in the United States have small firms of attorneys who are in daily contact with ordinary people, giving advice and acting on matters such as consumer affairs, traffic accident disputes and contracts for the sale of land. Some may also prepare defenses for clients accused of crimes. The main administrators of federal law enforcement are the ninety-four U.S. attorneys, who are appointed by the President with the advice and consent of the Senate.
In Belarus the chief distinction is between lawyers, notaries and advocates. Lawyers are widely used as advisers to government bureaus but have far less scope in representing individuals. Notaries have exclusive rights to deal with such office work as marriage settlements and wills.
The main functions of Belarusian advocates are to consult citizens, plead the cause of another in a court of law and take part in investigation and trial in criminal cases There are also legal counsellors who give advice on various legal problems and are often employed by business firms.
In continental European countries the judge has greater responsibility for investigation of the facts. At trial he plays an active role in taking evidence, questioning witnesses, and framing the issues. Continental lawyers suggest lines of factual inquiry to the judge and advance legal theories and argue the law in accord with the interests of their clients.
Divide the text into logically connected parts. Summarize the ideas and the answers to the following questions to write a précis about legal professions.
1. How is the word “lawyer” defined in the text?
2. What names can a lawyer have in Japan according to the examinations he takes?
3. What is the difference between barristers and solicitors in England?
4. What are the main functions of barristers and solicitors?
5. What are the main duties of attorneys in the United States?
6. What are the main duties of notaries in Belarus?
LAW IN BELARUS
Each country in the world has its own system of law. There are two main traditions of law in the world. One is based on English Common law. The other tradition is known as Continental, or Roman law.
The origin of the legal system in Belarus dates back to the 14-15th centuries and reflects the influence of Byzantine secular and canon law and of Roman law via the civil-law tradition of Western Europe. At that time a lot of cities were given the right to self-govern, the so-called Magdeburg law which was a part of legislature of Grand Duchy of Litva. But the most important event in the development of feudal law of Grand Duchy of Litva was the adoption of Statutes in 1529, 1566 and 1588 years. The latter was a comprehensive and elaborate state code of laws that stood above the local legal norms. Written in the Belarusian language it was the only full code of laws in Europe since the Roman law and until the Napoleonic Code adopted in 1804. In 1830 the use of the Grand Duchy of Litva Statute was banned on the territory of Belarus as a result of the Russian expansion to the west.
Since 1922 the Belarusian Republic had established a legal system of civil and criminal courts that remained basically unchanged throughout the history of the country. In accordance with the results of the national referendum conducted in November 1996 the National Assembly is the supreme legislative body of Belarus. It is comprised of two chambers – the Council of the Republic and the House of Representatives.
The National Assembly acts independently in the framework of the mandate defined by the Belarusian Constitution. Its main function is legislative activity reflected in adoption of codes and laws, including those regarding main directions of domestic and foreign policy. All the legislative activities in Belarus are based on the principles of provision of citizens' rights, freedoms and responsibilities. The National Assembly approves state budget, adopts changes and amendments to the current legislative acts including provisions of the Constitution. Members of both chambers have the right of legislative initiative which allows them to introduce draft of a law.
Courts perform the judicial power in the republic. The Constitution of Belarus (Articles 151-161) provides the system of election of judges and People’s assessors and the collective order of trying criminal and civil cases in courts. The Constitutional Court fulfills the control over the constitutional compliance of normative acts in the country. The supervision of the exact and uniform execution of laws by all the bodies of state management, local councils and other legal, and also physical persons is carried out by the General Public Prosecutor of the Republic of Belarus. The Supreme Economic court has judicial power and can supervise the activity of different economic structures in the republic while the Supreme Court supervises legislative activity of general courts of the Republic of Belarus.. In general the court system is divided into three stages- district (municipal) People’s courts; regional courts and Minsk city court and the highest - the Supreme Court of the Republic of Belarus. Criminal and civil courts can be distinguished as courts of first and second instances. Courts of first instance pronounce a verdict in criminal cases and pass judgement in civil cases after trial. Courts of second instance are courts of appeal and can control the legality and justification of verdicts or judgement pronounced by courts of first instance.
Pick out an idea or a phrase in every paragraph, which you think is most informative. Summarize the ideas and the answers to the following questions to write a précis about Belarusian law.
1. What is the origin of Belarusian law?
2. What document was the most comprehensive state code of law in Belarus in the 16th century?
3. What body is the supreme legislative one in Belarus?
4. What are the main legislative functions of the National Assembly?
5. What are the matters the Constitutional Court deal with?
6. What does the Supreme Economic Court do?