Just English


Unit IV
PEOPLE IN LAW CASES IN GREAT BRITAIN

A. Types of Legal Professions
TASK 1. Read this classification.

SOLICITORS

There are about 50,000 solicitors, a number which is rapidly increasing, and they make up by far the largest branch of the legal profession in England and Wales. They are found in every town, where they deal with all the day-today work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court cases for their clients, prepare cases for barristers to present in the higher courts, and may represent their client in a Magistrates' court.
BARRISTERS

There are about 5,000 barristers who defend or prosecute in the higher courts. Although solicitors and barristers work together on cases, barristers specialize in representing clients in court and the training and career structures for the two types of lawyer are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. The highest level of barristers have the title QC (Queen's Counsel).
JUDGES

There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.
JURY

A jury consist of twelve people ("jurors"), who are ordinary people chosen at random from the Electoral Register (the list of people who can vote in elections). The jury listen to the evidence given in court in certain criminal cases and decide whether the defendant is guilty or innocent. If the person is found guilty, the punishment is passed by the presiding judge. Juries are rarely used in civil cases.
MAGISTRATES

There are about 30,000 magistrates (Justices of the Peace or JPs), who judge cases in the lower courts. They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.
CORONERS

Coroners have medical or legal training (or both), and inquire into violent or unnatural deaths.
CLERKS OF THE COURT

Clerks look after administrative and legal matters in the courtroom.

TASK 2. Choose the correct definition for each legal profession mentioned in the text

  1. an officer acting as a judge in the lower courts.
  2. a public official with authority to hear and decide cases in a law court.
  3. a group of people who swear to give a true decision on issues of in a law court.
  4. an official who investigates the cause of any death thought to be violent or unnatural causes.
  5. a lawyer who has the right to speak and argue in higher law courts.
  6. a lawyer who prepares legal documents, advises clients on legal and speaks for them in lower law courts.
B. Solicitors and Barristers
TASK 1. Before listening to the tape, read the following text

England is almost unique in having two different kinds of lawyers, with separate jobs in the legal system. The two kinds of lawyers are solicitors and barristers.*
If a person has a legal problem, he will go and see a solicitor. Almost every town will have at least one. In fact there are at least 50,000 solicitors in Britain, and the number is increasing.
Many problems are dealt with exclusively by a solicitor. For instance, the solicitor deals with petty crimes and some matrimonial matters in Magistrates' Courts, the lowest Courts. He prepares the case and the evidence. He actually speaks in Court for you.
In a civil action he can speak in the County Court, when the case is one of divorce or recovering some debts. In the County Court the solicitor wears a black gown over his ordinary clothes.
A solicitor also deals with matters outside Court. He does the legal work involved in buying a house, for instance. He writes legal letters for you and carries on legal arguments outside Court. If you want to make a will the best man to advise you is a solicitor.
To qualify as a solicitor, a young man or woman joins a solicitor as a "clerk" and works for him whilst studying part time for the "Law Society" exams. Interestingly enough, it is not necessary for you to go to university. When you have passed all the necessary exams, you can "practice", which means you can start business on your own.
Barristers are different from solicitors. Barristers are experts in the interpretation of the Law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in Court). Indeed, if you desire representation in any Court except the Magistrates' Court, you must have a barrister, with one or two exceptions.
Barristers are rather remote figures. If you need one, for instance, you never see him without your solicitor being with him. Barristers do not have public offices in any street. They work in what are known as chambers, often in London. They all belong to institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. In many ways the remoteness they have and the job they do are medieval in conception.
To qualify as a barrister you have to take the examinations of the Bar Council. These are different from solicitors' examinations. There are over 5,000 barristers in England. A good one can earn 30,000 pounds a year. Only barristers can become judges in an English Court above a Magistrates' Court.

TASK 2. Answer the questions

  1. What is almost unique about the English legal system?
  2. What kind of problems does a solicitor deal with?
  3. How do you qualify as a solicitor?
  4. What are barristers experts in?
  5. When must you have a barrister?
  6. What reasons are there for saying a barrister is rather remote?
  7. How do you qualify as a barrister?

TASK 5. Match each word or expression on the left with the correct definition on the right

a) motive			1. the same thing occurs again and again
b) there's a pattern of... 2. families in which either the father or mother has left
c) we'll do that house 3. reason
d) broken homes 4. we'll rob this house

TASK 6. Answer the questions

  1. What is the strongest motive for theft?
  2. What pattern often occurs in lives of people involved in theft?
  3. What house do robbers usually choose?
  4. What background do robbers most often come from?


TASK 8. Explain the meaning of the following words and expressions

  1. fair degree of seriousness (of a crime);
  2. to chase sb.;
  3. to assault sb.
TASK 9. Answer the questions

  1. After what event in his life did the man become a criminal?
  2. Why couldn't the man keep any job for very long?
  3. How serious was the crime that this man committed?
  4. Where did the crime occur?
  5. Where was the elderly man sitting when the criminal beat him ? Why did the criminal beat him?
  6. What information did the solicitor obtain about his defendant (before starting to work on the case)?

    TASK 11. Match each word or expression on the left with the correct definition on the right.
    1. witness
    2. cross-examine
    3. witness box
    4. evidence
    5. defence
    6. allege
    1. everything witnesses say in court: facts, etc
    2. where witnesses stand in court
    3. someone who sees a crime or an accident
    4. ask all witnesses involved in case questions
    5. to say something happend thogh the fact hasn't been proved yet
    6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.

    C. Judges in Great Britain

    TASK 1. Before listening to the tape, read the following text and answer the questions
    In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up tune voluntarily.
    A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.
    Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.
    On this tape, a Magistrate describes the sort of people who come before him, gives examples of a few typical cases and finally talks about the difficulty of deciding between when to help a person and when to punish him.

    1. What kind of people are Magistrates?
    2. Why are they selected?
    3. Who would judge a person who had committed a crime like murder?
    4. Who selects Magistrates and what is unusual about the system?
    5. What does the Magistrate on the tape talk about?


    TASK 3. Match each word or expression on the left with the correct definition on the right
    a) inadequate				1. the main impression
    b) punishment 2. not to have enough sympathy
    c) overwhelming impression 3. treat too softly
    d) insufficiently concerned with 4. inadequacies
    e) shortcomings 5. the prison sentence or fine given to a criminal
    f) molly - coddle 6. used for people who somehow lack the necessary intelligence or maturity to make a success of their lives
    TASK 4. Answer the questions

    1. What word does the Magistrate use to describe most of the people who come before him?
    2. How, according to him, do they react to situations?
    3. What does he think most of them need?
    4. What sort of things does the public say about criminals?
    5. What sort of people has the public sympathy for?
    6. What sort of people has the public not enough sympathy for?


    TASK 21. Read the text and answer the questions
    The Innocent and the Guilty

    Imagine, if you can, that you have been arrested for something like shoplifting, or for dangerous driving, or for getting drunk and causing "a disturbance of the peace". You are in a Magistrates Court now.
    You, "the accused", are in a kind of large, open box. The sides come up almost to your chin. It is on a raised platform almost in the centre of the court and is called "the dock". You are "in the dock". There are three Magistrates "on the bench" in front of you. At least one of them is a woman. They are also on a raised platform, at desks, side by side. In front of and below them there is another man. He is the "Clerk of the Court" and he, unlike them, is trained in the law and is paid for his work. During your case he will handle the administrative details and perhaps give advice to the Magistrates on legal points.
    The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what you said, what he said, and so on. Your solicitor questions, or "cross-examines" him. One of the Magistrates speaking for all three, also asks questions. Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence. "Everyone is innocent unless proved guilty". In other words, you do not have to prove that you are innocent. The police have to prove you are guilty.
    At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand. The Magistrate who has done the talking for the others tells you whether they have found you innocent or guilty. He can sentence you to no more than six months in gaol for one offence, to a maximum of one year for two or more offences or to a fine of 400 pounds.
    More serious cases are heard in the Crown Court, where the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a "trial by jury". Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence.
    Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and details of the case are given. Find such an article if you can from an English local newspaper. It will give you an idea of the kind of cases that can be tried in such a court.

    1. What are the names of at least three offences (less serious than crimes) for which people are tried in a Magistrates' Court.
    2. What exactly is meant by "the dock"?
    3. If you are "in the dock", what and who do you see is front of you?
    4. If you are the accused, describe what these people will do during your case.
    5. the policeman who arrested you
    6. your solicitor
    7. one of the three Magistrates
    8. the other two Magistrates
    9. witnesses
    10. In what way, with regard to training and pay, is the Clerk of the Court different from the Magistrates?
    11. What is the longest term a Magistrates' Court can sentence anyone to?
    12. Where are more serious cases heard?



    .  
    Сайт управляется системой uCoz