Exercise 1. Match the words and their definitions



1. Trial a. an application for the judicial examination by a higher court of the decision of any inferior court;
2. Hearing b. a hearing of a civil or criminal case before a court of competent jurisdiction;
3. Judgement c. to take legal action against a person by making a legal claim for money because of some harm;
4. Tribunal d. an official meeting that is held to gather the facts;
5. To sue e. the ability to form valuable opinions and make good decisions;
6. Appeal f. a special court or group of people who are officially chosen to examine (legal) problems of a particular type.

Exercise 2. Match the word combinations with the Russian equivalents

1. Judicial authority a. расследовать;
2. Inferior court b. правомерность;
3. Juvenile court c. сосуществовать;
4. To coexist d. нижестоящий cуд;
5. Justification e. суд по делам несовершеннолетних;
6. To investigate f. судебная власть.

Exercise 3. Finish the sentence adding the information from the text

1. Court is a person or body of persons … .

2. The first distinction of English courts is … .

3. The second distinction is made between … .

4. Individuals in the US fall under the jurisdiction … .

5. Belarusian courts are … .

6. The court system in the Republic of Belarus is divided into … .

 

Exercise 4. Fill in the missing words

Tribunals        instances         higher

Judges             inferior            appeal

1. In the … courts the first hearing of any judicial proceeding takes place.

2. A decision of the court of … may be reviewed by the House of Lords in important points of law.

3. … deal with professional standards, disputes between individuals, and disputes between individuals and government departments.

4. To appeal means to take a case to a … court.

5. The Constitution of Belarus provides the system of election of … .

6. Criminal and civil courts are distinguished as courts of first and second … .

 

Exercise 5. Answer the following questions

1. What is court in a wide sense of the word?

2. How are English courts divided?

3. In what way are the federal courts in the USA organized?

4. Where does litigation begin?

5. What is the hierarchy of the Belarusian court system?

6. What functions do the courts of first and second instance have?

LEGAL PROFESSION

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, the right 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.

 


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