2018-01-21
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- That's just what I think.
- I see what you mean, but on the other hand...
- I think so too.
- That's ridiculous.
- I'm afraid I can't agree with you.
XIII. Read, translate and discuss the text.
Solicitors and barristers
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 English Court above a Magistrates' Court.
Barristers are also found in South Africa and New South Wales (Australia).
XIV. 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?
XV. Read the following text and answer the questions.
One of the most important figures in the British legal system is the solicitor. It is his job to advise you on legal matters of all kinds. If you get into trouble with the police, you will probably ask a solicitor to help prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you.
On this tape a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels when he knows the man he is defending is guilty. He gives his reason for defending someone in these circumstances.
1. What are the two main jobs of a solicitor?
2. What does the young solicitor talk about on the tape?
XVI. Match each word or expression on the left with the correct definition.
| a) witness | 1. everything witnesses say in court: facts, etc. |
| b) cross-examine | 2. where witnesses stand in court |
| c) witness-box | 3. someone who sees a crime or an accident |
| d) evidence | 4. ask all witnesses involved in a case questions |
| e) defence | 5. to say something happened though the fact hasn't been proved yet |
| f) allege | 6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty. |
XVII. Read, translate and discuss the text.
Attorneys in the USA
Growth of the Profession. Today the number of lawyers in the United States exceeds 675,000. This translates to one lawyer for every 364 people. Twenty-five years ago there was one lawyer for every 700 people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth through the end of the century.
Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers' salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards.
There are other reasons for the popularity of the legal profession and the great demand for legal services. Materialism and individualism in American culture encourage dispute.
XVIII. Speak on the profession of a lawyer in different countries.
Part II. Additional reading
I. Political system of Great Britain
I. Read and translate the text
Lawmaking process in Great Britain
New legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages, called readings. The first reading in new legislation in Britain usually starts in the House of Lords. In each house a bill is considered in three stages, called readings. The first reading is purely formal, to introduce the bill. The second reading is usually the occasion for debate. After the second reading the bill is examined in detail by a committee.
The bill is then returned to one of the houses for the report stage, when it can be amended. If passed after its third reading, it goes to the other house. Amendments made to a bill by the House of Lords must be considered by the Commons. If the House of Commons does not agree, the bill is altered and sent back to the Lords. In the event of persistent disagreement between the two houses, Commons prevails.
Finally, the bill goes to the reigning monarch for Use royal assent. Nowadays the royal assent is merely a formality. In theory the queen could still refuse her consent, but the last monarch to use this power was Queen Anne, who vetoed the unpopular Scottish Militia Bill in 1707.
II. Read and translate the text
Lawmaking Process in USA
The US Congress, the lawmaking arm of the federal government, consists of two houses: the House of Representatives and the Senate. Any congressman in either house, or the president, may initiate new legislation.
The proposed legislation, or bill, is first introduced in the House of Representatives, and then referred to one of the standing committees, which organizes hearings on it and may approve, amend or shelve the draft. If the committee passes the bill, it is considered by the House of Representatives as a whole. If passed there, it goes to the Senate for a similar sequence of committee hearings and general debate.
In cases of disagreement, the House of Representatives and the Senate confer together. Once passed by the Senate as a whole, the bill has to be examined by two more standing committees - the Committee on House Administration and the Senate Committee on Rules and Administration - and is then signed by the speaker of the House and by the president of the Senate.
Finally, it must be signed by the president, who has the right to veto it. If the president vetoes a bill, it can still become a law - but only if it is passed by a two-thirds majority in both houses of Congress.
III. Answer the questions
