2015-05-12
6893
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Can you remember any information about solicitors from Text A? Read the following text to learn more about this legal profession.
In England the word “solicitor” is used to denote the majority of lawyers. Solicitors’ profession has along history, going back to the 12th century when the language of the court was Norman French.
There used to be clear distinctions between two basic legal professions – barristers and solicitors, but in recent years the restrictions have been greatly relaxed.
So what does a solicitor do?
First of all he deals with legal matters on behalf of his client such as drawing up wills, trust instruments, marriage contracts, conveyances of land. Anyone from outside England seeking legal advice or representation will be advised to approach a solicitor in the first instance.
Solicitors have limited rights to practice before the courts, but traditionally they “instruct” a barrister to appear in the court for them. Solicitors collect together all the factual material necessary for conducting the case: do all the paperwork and collect the evidence and documents relevant to the case. Following the tradition the instructions and related papers are tied with a coloured ribbon and are called a “ brief ”. In all but the simplest cases it is necessary to make some applications to the Court at various stages before the case comes to trial. It is the solicitor who often does that, although on major applications a barrister will be instructed to argue the application.
The solicitors’ rights of access to the courts have been expanded for the last years, but generally a solicitor is considered an “office lawyer”. Solicitors often handle their client’s money; there are therefore many rules and regulations about it.
Solicitors often have clerks of 2 kinds: trainee solicitors and “managing clerks” who are experienced but not necessarily have university qualifications. To become a practicing solicitor one should serve under the supervision of a practicing solicitor for 2 years and satisfy all the demands of the Law Society, including educational requirements. Then he or she is admitted to practice by the Master of the Rolls.
There are about 60 000 solicitors in practice in England and Wales.
Vocabulary
Majority - большинство
In recent years – в последние годы
On behalf of – от лица, от имени (кого-л.)
To draw up a will – составить завещание
Conveyance of land - передача прав на землю
To seek – искать
In the first instance – прежде всего, в первую очередь
Limited - ограниченный
Evidence – доказательство; свидетельства, факты
Relevant – относящийся к делу
Brief – зд. краткое письменное изложение дела (составленное поверенным для барристера)
Application – заявление, заявка
Access - доступ
To expand – расширять, развивать
To handle - обращаться; управлять, осуществлять контроль; распоряжаться
To have university qualifications – иметь университетское образование
To satisfy the demands – удовлетворять требования
To admit - признавать
Master of the Rolls - начальник судебных архивов (титул главы Государственного архива в Великобритании)
Tasks
1. Answer the questions.
1) What does the word “solicitor” mean?
2) What should one do in the first instance if he needs legal advice?
3) Do solicitors have rights to practice before courts?
4) What is the set of documents collected by a solicitor for a barrister called?
5) What does a solicitor sometimes have to do before the case comes to trial?
6) Do solicitors handle their clients money?
7) What should you do to become a practicing solicitor?
2. Tick (√) what solicitors do. Then make sentences, using the given phrases. You can also use expressions: “to be involved in…”, “to be responsible for…”, “to deal with…”
| Practice before courts | Draw up wills |
| √ Handle clients’ money | Arrest criminals |
| Draw up marriage contracts | Make land ownership contracts |
| Prosecute criminals | Collect evidence |
| Act as Counsels for defence | Find people guilty |
| Announce verdicts | Make applications to courts |
| Wear a wig and a black gown | Instruct a barrister |
| Chase criminals | Prepare a “brief” |
| Give legal advice |
e.g. Solicitors often handle their clients’ money.
3. Can you continue the sentences:
1) In recent years the restrictions between solicitors and barristers ….
2) He deals with legal matters such as…
3) Solicitors traditionally….
4) The instructions and related papers are…
5) In all but the simplest cases it is necessary….
6) Solicitors often have clerks of 2 kinds…
7) If the candidate satisfied all the demands of the law society…
4.² Listen to the text “Life of a solicitor” and decide whether these sentences are true or false.
1) Life of barristers and solicitors is the same.
2) All solicitors are very well paid.
3) In large international companies solicitors can’t take part in drafting contracts.
4) In medium-sized companies solicitors usually specialize in some particular field of commerce or industry.
5) Domestic business is the main responsibility of solicitors in small towns.
5. What figures and words are missing? If necessary, listen to the text “Life of a solicitor” again.
1) the Lawyer magazine conducted its survey in….
2) A solicitor with …. years of work experience would get about ….. pounds.
3) Solicitors in large companies may act as …...
4) The work of countryside solicitors implies meeting….
6. Place the sentences in a correct order to make a story how a solicitor (Mr. Cherry) contacts a barrister (Mr. Woods).
1. Mr. Cherry had no right to speak in the court but he was also present there.
2. Mr. Cherry spent about 2 weeks collecting all the evidence.
3. He gave him the “brief”.
4. Mr. Woods, Mr. Cherry and Mr. Brown had a final meeting before trial.
5. Mr. Cherry appointed a meeting with his client in his office.
6. Mr. Brown told him he is accused of rape.
7. He put all the papers and documents together to form a “brief”.
8. Mr. Cherry appointed a meeting with Mr. Woods.
9. Mr. Cherry had a phone call from his client, Mr. Brown.
10. Mr. Woods received instructions what to say in court.
7.Match the words and their definitions. One definition has no pair. Can you guess the word?
| limited | A legal case that is given to a lawyer to present in court |
| To seek | To deal with |
| evidence | Restricted to a particular extent, limit |
| To handle | As a representative of smb or instead of them |
| Demands | The facts, signs or objects that make you believe smth is true |
| access | A very firm request for smth |
| On behalf of | To look for smb/smth |
| ??? | The opportunity or right to use smth |
8. Underlined words are misused. Can you replace them with the correct ones according to the text?
1) “Managing clerks” are not obliged to have school qualifications.
2) Solicitors gather witnesses for barristers.
3) The word “solicitor” is used to denote minority of lawyers.
4) Solicitors have complete freedom to speak in courts.
5) Solicitors often lose their clients’ money.
6) If you are giving a legal advice, you should apply to a barrister in the first instance.
7) Candidates should satisfy all the hunger of the Law Society.
9. ²Listen to the text and say what qualities are necessary for solicitors.
10. Translate into English:
1) Поверенного считают «юристом, работающим в офисе.»
2) Мой брат сейчас работает учеником поверенного в надежной фирме.
3) Раньше между двумя основными юридическими профессиями существовали четкие различия.
4) Нам нужен юрист, желательно с хорошим университетским образованием, чтобы передать права на землю.
5) Вашими деньгами распоряжается поверенный?
6) У всех поверенных ограниченные права выступать в суде?
7) Его поверенный уже собрал все документы и доказательства и дал необходимые указания адвокату.
11. Project. Ms. O’Connor is a practicing solicitor. She has many clients because she does her work very well. She comes to her office in Broad Street at 9 o’clock. Can you describe Mr. O’Connor’s working day (what she does, what kinds of matters she deals with, what sort of clients she has, etc). Your story should be comprised of at least 10 sentences.
12. Dialogue. Act out a dialogue between:
1) a solicitor and his client who has some legal problems/needs legal advice
2) a solicitor and his new assistant who needs to know the basics of the job
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Do solicitors present their clients in lower as well as in high courts? Read the text and say who represents clients in high courts.
A barrister is a lawyer who has been admitted to “plead at the bar”. That means he or she has been called to the bar – a railing which separates the judges from the litigants and the public – and is allowed to appear in court to argue a client’s case.
The barrister is a “courtroom lawyer” who practices in an office called “chambers”. Barristers are prohibited from incorporating or joining together as partners and each acts as a sole practitioner. They may also act as advisers.
If one need representation in court, he or she has to act through a solicitor, who, in his turn, contacts a barrister. So barristers are generally instructed through solicitors as specialist pleaders of cases in court. It is the solicitor who provides the barrister with necessary information and documents and outlines the tasks he wants him to perform.
This duplication of effort has its advantages: the barrister is detached from the evidence gathering process and is looking at the papers “cold”, in the same detached way as the judge is, so he’ll probe the weaknesses of the case.
From the 19th century onwards members of the bar did not deal directly with public. That position has now somewhat changed in that barristers will accept instructions directly from appropriate other professionals without the intervention of a solicitor.
Barristers are divided into two groups: Junior Counsel and Queen's Counsel (QC). QCs are those who took silk - it means they obtained the right to wear a silk gown. Queen's Counsel are the most senior members of the bar who have been granted this distinction as a mark of excellence. Queen's Counsel are only instructed for major cases where there is a great deal at stake. They are specialised forensic advocates of great skill. They generally only accept instructions to appear if a junior barrister is also instructed to appear with them.
To be a barrister it is necessary to be a member of one of the 4 Inns of Court. A prospective barrister needs good education. After graduation from university Law School (e.g. Oxford or Cambridge) a candidate must pass a series of examinations and satisfy certain traditional requirements. Then he must work as a “pupil” for a practicing barrister for a year.
There are about 9000 barristers admitted to practice before the bar of England and Wales.
Vocabulary
bar – барьер, отделяющий судей
The Bar – адвокатура, коллегия адвокатов
Litigant – сторона в гражданском процессе
to ague a client’s case – излагать дело клиента
to prohibit – запрещать
sole - единственный
to outline – изложить вкратце, наметить
advantage – преимущество
detached - отстраненный
to probe – рассмотреть, проанализировать
intervention - вмешательство
Junior Counsel – младший адвокат (ниже ранга Королевского адвоката)
Queen’s Counsel – королевский адвокат
Senior - старший
To be at stake – быть поставленным на карту
To accept - принимать
Forensic - судебный
Chambers – контора адвоката
TASKS
1. Answer the questions.
1) What is a barrister?
2) Can barristers form unions or partnerships?
3) What do solicitors do for barristers?
4) Can barristers be instructed by some other professionals?
5) Where can barristers get their education?
6) What are Queen’s Counsels?
2. Say whether these sentences are true or false.
1) A bar is a railing that separates the judges from each other.
2) Barristers usually work as sole practitioners.
3) A prospective barrister should work 2 years as a “pupil”.
4) The barrister provides the solicitor with necessary information and documents.
5) Barristers are deeply involved in the evidence gathering process.
6) QCs are instructed for all types of cases.
7) There are 2 groups of barristers: King’s Counsel and Queen’s Counsels.
3. Match the beginning and the end of the sentences:
| The benchers | Deal only with major cases |
| Barristers | Doesn’t usually deal directly with barristers |
| Solicitors | Practise in an office called “Chambers” |
| Barristers | Call a barrister to the bar |
| Solicitors | Perform the defence in court |
| The public | Gather evidence and information |
| QCs | Contact a barrister |
4. Find English equivalents:
быть допущенным к чему-либо; отделять; появляться в суде; процесс сбора доказательств; стороны в гражданском процессе; отстраненный; запрещать; отделять; предоставлять необходимую информацию и документы; советник; дублирование усилий; юридическая школа; вмешательство поверенного; судебный.
5. Can you guess what word is explained?
1) a person who is making or defending a claim in a court
2) not allow, forbid
3) not shared, single
4) a man who provides consultancy or advice
5) positive, strong sides
6) the fact of getting into smb’s affairs
7) to go to lectures, classes, etc
8) connected with or used in a court of law
6. Unscramble the words and then write your own sentence with each of them.
1) Gitinalt 2) itrobiph 3) kates 4) peccat 5) kisl
7. ²Listen to a small text about barristers. What is wrong in the text? Can you tell a true story?
8. Can you match the verbs and the nouns? Make your own sentence with each pair.
| Plead at | case |
| To argue | right |
| To act as | exams |
| To probe | instructions |
| To accept | requirements |
| To obtain | weaknesses |
| To satisfy | bar |
| To pass | Sole practitioner |
9. Translate into English.
1) Адвокат выступает в суде, защищая клиента. 2) Адвокаты обычно получают инструкции от поверенных. 3) Адвокаты не собирают документы и доказательства, касающиеся дела. 4) Королевские адвокаты имеют дело только с серьезными случаями. 5) Прежде, чем стать практикующим адвокатом, необходимо год отработать в качестве ученика. 6) Адвокаты работают напрямую с подзащитными?
10. Dialogue. Act out a dialogue between;
1) a solicitor and a barrister who is employed by a solicitor to deal with his client’s case
2) a barrister and a “pupil” who is assigned to the barrister at the beginning of the term
11. Discussion.
1) Do you think it is difficult to be a barrister?
2) Is it easier to be a solicitor or a barrister? Why do you think so?
3) Is there an equivalent to barrister profession in Russia? Who performs functions of a barrister in Russian Court system?
4) What qualities should a barrister have?
Contentious and Non-contentious business
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1) A businessman will usually consult a barrister.
2) Contentious business is where there isn’t any dispute implied.
3) Notaries are not involved in a “family” type of work.
4) The UK solicitors are involved in commercial tax planning as much as solicitors in other countries.
5) Sometimes a barrister is asked to give his opinion about some serious cases.
6) A barrister can appear for the Crown when the matter comes to trial.
7) The solicitor should not pay the barrister if he has no money.
8) Solicitors work only with “non-contentious” business.
Solicitors are the general legal practitioners in England and Wales and a businessman who has need of a lawyer in England and Wales will generally need a solicitor rather than a barrister. Solicitors deal with both " non contentious " and " contentious " business. " Non-contentious " business is work where there is no dispute between parties to be resolved. " Contentious " business is where there is a dispute on which a client seeks advice.
Non-contentious business includes all the " family " type legal work that lawyers do: for example, the preparation of wills and marriage settlements, the drafting of contracts for the sale and purchase of land. It should be noted that Notaries are not involved in this kind of work. Many families will have a "family" solicitor in the same way that they have a "family" doctor.
Solicitors carry out the same kinds of non-contentious work in business fields. But the UK solicitors are much less involved in commercial tax planning than in some other countries, it is the responsibility of accountants.
Barristers are less involved in non-contentious business than are solicitors, but from time to time a solicitor may ask a barrister to prepare a written opinion about a particularly complex question of law.
If the case implies some dispute, which needs to be taken to court, both solicitors and barristers are involved. The client will instruct a solicitor to advise him and represent him in Court and the solicitor will instruct a barrister.
In criminal cases, a government body (the Crown Prosecution Service or some other authority) will normally conduct the prosecution. However, when the matter comes to trial the prosecutor will instruct a barrister to appear for the Crown. In a civil law system there is no post in the Court equivalent to the Public Prosecutor. Barrister and Solicitor advocates both prosecute and defend. In most commercial cases solicitors will be involved on both sides.
Note that in these circumstances, the person or company who has the case is the client and he is the solicitor's client. The solicitor takes his instructions from the client. The barrister is instructed by the solicitor and the solicitor is the barrister's client. Thus: the barrister will not generally meet with the client in the absence of the solicitor. The barrister will expect the solicitor to pay his fees - even if the client does not pay.
VOCABULARY
Contentious - спорный
Non-contentious – не спорный
Dispute – спор
To resolve a dispute – разрешить спор
To be involved in smth – быть вовлеченным во что-либо
Purchase - покупка
To imply - подразумевать
Equivalent to smth – равный (чему-либо)
Circumstances - обстоятельства
TASKS
1. What questions can you ask to the following sentences?
1) "Non-contentious" business is work where there is no dispute between parties to be resolved.
2) Non-contentious business includes all the "family" type legal work that lawyers do.
3) Barristers are less involved in non-contentious business than are solicitors.
4) The client will instruct a solicitor to advise him and represent him in Court.
5) The barrister will not generally meet with the client in the absence of the solicitor.
2. Match the beginning and the end of the sentences:
| 1) Solicitors deal with both | will conduct the prosecution. |
| 2) Many families will have | both prosecute and defend. |
| 3) If the case implies some dispute | contentious and non-contentious business. |
| 4) In criminal cases a government body | both solicitors and barristers are involved. |
| 5)Barrister and Solicitor advocates | his instructions from the client. |
| 6) the solicitor takes | a “family solicitor”. |
3. Can you fill in the spidergrams with the words (or expressions) relevant to each key word?
1)
 | |||
 |
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2)
 |  | ||
4. Now make your own sentences with words and phrases from the spidergram.
5. Change these sentences using the construction “rather than” as shown in the model (note the form of the verb after “rather”). Translate them into Russian.
Model: I prefer to do it myself. I don’t want to ask my colleagues. – I prefer to do it myself rather than ask my colleagues.
1) He prefers to go there alone. He doesn’t want to have anybody with him.
2) I prefer to go by train. I don’t fancy driving at night.
3) I’d prefer to get a taxi. I am not prepared to walk home.
4) We would prefer to wait a few minutes. We cannot leave now.
5) They’d prefer to eat at home. They don’t like going to restaurants.
6) He prefers to phone people. He thinks writing messages is too boring.
7) She preferred to think. She never gave answers at once.
8) I’d prefer to talk to the solicitor now. I don’t want to wait till next Friday.
6. Choose a proper preposition.
| 1) People usually need _______ a solicitor in the first instance. | |||
| a) in | b) of | c) - | d) after |
| 2) Solicitors deal ________ both contentious and non-contentious business. | |||
| a) - | b) on | c) with | d) together |
| 3) There is no post in the Court equivalent ___ the Public prosecutor in the Civil law system. | |||
| a) with | b) - | c) to | d) on |
| 4) Solicitors and barristers represent their clients _____ court. | |||
| a) of | b) on | c) at | d) in |
| 5) Solicitors are sometimes involved _____ commercial tax planning. | |||
| a) - | b) on | c) with | d) in |
| 6) The barrister is usually instructed ____ the solicitor. | |||
| a) - | b) by | c) with | d) from |
| 7) Their work includes the preparation _____ wills and marriage contracts. | |||
| a) with | b)- | c) on | d) of |
| 8) If the matter comes ____ trial the barrister is instructed to appear for the Crown. | |||
| a) in | b) at | c) to | d) on |
7. ²Listen to the first part of the text “Codes of conduct” and complete the following table by putting “+” in a suitable column.
| Barristers… | Must | Must not |
| Be responsible for everything in the court | ||
| Act in the interests of justice | ||
| Tell the truth only | ||
| Defend his client even if it misleads the court | ||
| Regard his own interests first of all | ||
| Protect the interests of the judge | ||
| Protect the interests of other persons and another barristers |
8. Unscramble the words. Write a sentence with each of them.
Pusited pimly echurpas lesa
9. ²A solicitor shall not continue his activities if something compromises certain things, for example solicitor’s independence. Listen to the second part of the text “Codes of conduct” and say what these things can be.
10. Names of legal professions are misused. Correct the meaning of the Russian sentences according to the text.
1) Поверенные меньше связаны с неспорными делами, чем адвокаты.
2) Если дело спорное, в нему участвуют и нотариусы, и присяжные.
3) Поверенный получает инструкции от адвоката.
4) В большинстве коммерческих дел будут привлечены Младшие Адвокаты с обеих сторон.
5) В Англии обычно в первую очередь за юридической консультацией обращаются к нотариусу.
6) Адвокаты составляют завещания и брачные договоры, документы на продажу и покупку земли.
7) В уголовных делах сторону обвинения обычно представляет поверенный.
8) Клиент обычно не встречается с нотариусом без присутствия адвоката.
11. Translate the correct variants of the sentences from the exercise above into English.
12. Fill in a table using information from 3 texts (“Barristers”, “Solicitors”, “Contentious and Non-contentious Business”).
| Legal profession | In court | Outside court |
| Solicitors | ||
| Barristers |
Federal judges
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Read the text and write down different types of judges.
Judges are the people who will decide your case. According to the type of courts there are different types of judges.
Supreme Court Justices, Court of Appeals judges, and district court judges are nominated by the President and confirmed by the Senate, as stated in the constitution. The names of potential judges are often recommended by senators. Each candidate should be approved by the Senate Judiciary Committee. Article 3 of the Constitution says that these judicial officers are appointed for a life term.
However if courts need new judges, there is special legislation that makes it possible.
The Constitution sets no special requirements for federal judges, but members of Congress and the Department of Justice have developed their own informal criteria.
One cannot be nominated to the position of chief judge. This position is based on seniority.
Beginning at age 65, a judge may retire or take senior status if he worked in active service for 15 years. Senior judges often providevolunteer service to the courts.
There is a special type of judge – a U.S. bankruptcy judge. Such judges deal with bankruptcy matters; their number is determined by Congress. They are appointed for 14-year terms.
The district courts have magistrate judges. They are appointed by the majority vote of the active district judges of the court. A full-time magistrate judge serves a term of 8 years. Magistrate judges deal with various cases, and their duties may vary from court to court. Judges have many duties in addition to deciding cases. The average district court judge has more than 400 newly filed cases to contend with each year. In addition to trials, judges conduct sentencings, pretrial conferences, settlement conferences, motions hearings, write orders and opinions, and consider other court matters both in the courtroom and in their chambers.
Vocabulary
Case - дело
Supreme Court Justice – судья Верховного суда
Court of Appeals judge – судья апелляционного суда
district court judge – судья районного суда
bankruptcy judge – судья по банкротствам
to state – устанавливать, постановлять
to approve - одобрять
to appoint (syn. - to nominate) - назначать
life term - пожизненно
requirement - требование
criteria – критерии, показатели (ед.ч. – criterion)
to retire – уходить на пенсию
to provide – предоставлять, обеспечивать
volunteer – добровольный, добровольческий, безвозмездный
majority - большинство
full-time – работающий полный рабочий день
to vary – варьировать, меняться
Tasks.
1. Answer the questions:
1) How many types of judges can you name?
2) Who should approve the candidates?
3) Are there any requirements for federal judges?
4) What kind of service do senior judges often provide?
5) What is a bankruptcy judge?
6) Who appoints magistrate judges?
2. Here is the description of the federal judges appointment procedures. Arrange the sentences in a correct order.
1) The president nominates a Supreme Court judge.
2) He US Senate approves the candidate.
3) The candidate holds a speech in front of the Senate Judiciary Committee.
4) Senator N. suggests a potential candidate for a federal judge.
3. Can you continue the sentences?
1) The position of a senior judge is based….
2) The Magistrate judges are appointed….
3) The senators often recommend….
4) The Department of Justice has developed…
5) Bankruptcy judges deal with…
6) A full-time magistrate….
7) Judges are people….
8) Article 3 of the Constitution says…
4. What types of judges do these phrases refer to? Can you give full sentences?
e.g. recommended by the US Senate – The names of potential Supreme Court judges are recommended by the US Senate.
| Special requirements | Appointed by the majority vote |
| A term of 8 years | Should be approved by a special committee |
| 14-year terms | Number is determined by the Congress |
| Take a senior status | Duties may vary |
5. Replace underlined words with words and phrases from the text:
1) One cannot be appointed to the position of a senior judge.
2) Some judges are appointed for their whole life.
3) Senior judges often do service free of charge.
4) Duties of a Magistrate judge may be different.
5) The Constitution has no special descriptions of federal judges.
6) They deal with cases when a company is financially ruined.
7) People are allowed to become pensioners at 60-65.
6. ²a) Listen to the first text about federal judges and decide whether these statements are true or false.
1) Leon Higgins is an African judge.
2) He served as a clerk in the US Court of Appeal
3) Leon Higgins defended civil rights
4) Leon Higgins’s work was never awarded
²b) Listen to the second text and fill in the gaps with figures.
1) John Brown worked as a federal Judge for … years.
2) Then he served as chief justice of the United States Court of Appeals for the Fifth Circuit for …years.
3) In… he ordered that an African American student be admitted to the all-white University of Mississippi
²c) Listen to the third text and answer these questions:
1) Where did Robin Collins work?
2) Who appointed him to the court of Appeals?
3) Was he a subject of a book or of a film?
7. Find English equivalents for the following words and phrases:
Судья верховного суда; быть назначенным на должность; требования; 8-летний период; районный суд; быть одобренным кем-либо; добровольные услуги; юридический комитет; уйти на пенсию; работать с разными делами.
8. Make sentences out of these words:
1) nominated some by President the judges are
2) courts work in judges district magistrate
3) deal bankruptcy with bankruptcy matters judges
4) no there special judges are federal requirements for
9. Write a short description of any type of judges: federal judges, bankruptcy judges, magistrate judges. If you know some more facts about judges and their work, please add this information.
10. Dialogue. Act out a dialogue between an American district judge and a member of a Russian group who came to the USA on a study-visit to learn more about the work of federal judges in America.
11. Discussion.
1) Would you like to be a federal judge? Why?
2) Do you think a federal judge is a well-paid job? Dangerous job?
3) What are good and bad sides of being a federal judge?
4) Is there any difference between Russian and American Judges?
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Do court systems in all countries imply jury service?
Read the text about jurors and find answers to the following questions:
1) How can you define a juror?
2) How are jurors’ names chosen?
3) Is it always necessary to fill in and return the questionnaires?
4) Why is jury service an important civic function?
5) Can people be jurors if they don’t have good knowledge in written or spoken English?
6) What does the Jury Act forbid?
7) What should you do if you can’t go to jury service because of a long distance or work responsibilities?
A juror is a member of a jury - a group of members of the public who listen to the facts of a case in a court of law and decide whether or not somebody is guilty of a crime.
Each judicial district must have a formal written plan for the selection of jurors. Before potential jurors are summoned for service, their names are randomly drawn from voters lists (and sometimes drivers lists) to receive a questionnaireto determine whether they meet the legal qualifications for jury service. Individuals who receive questionnaires are required to complete and return them to the clerk's office, which then studies the completed questionnaires to determine eligibility for jury service. (In some courts, qualification questionnaires and summonses are mailed together.)
You must respond to the jury duty notice, it is legally required, and there are penalties for noncompliance. Jurors perform a vital role in the American system of justice. Jury service is an important civic function that supports one of the fundamental rights of citizens – the right to have their cases decided by a jury of their peers.
People cannot be jurors:
- if they are not a citizen of the United States 18 years old, who has resided for a period of one year within the judicial district;
- if they are unable to read, write, and understand the English language with a degree of proficiency necessary to fill out a qualification form;
- if they are unable to speak the English language;
- if they are incapable by reason of mental or physical infirmity to render jury service; or
- if they have felony charges pending against them or they have been convicted of a felony and their civil rights have not been restored.
Federal jurors are paid $40 a day. In most courts, jurors also are reimbursed for reasonable transportation expenses and parking fees.
The Jury Act forbids any employer from firing or threatening any permanent employee because of their federal jury service.
If you live too far from the court and find it difficult to travel, or your jury service conflicts with your work or vacation schedule, you should inform a court beforehand in written form. But whether to grant an excuse or a deferral is a matter of discretion for the court and cannot be reviewed or appealed to Congress or any other entity.
Vocabulary
Juror – член суда присяжных
Judicial district – юридический округ
To summon for service – созывать на работу (в суд)
Randomly – наугад
Questionnaire – анкета
To determine – определять
Eligibility for jury service – приемлемость на должность присяжных заседателей
Summons – судебная повестка
Noncompliance – неподчинение
Peer – равный по положению
Mental or physical infirmity – умственные или физические недостатки
Felony charge – обвинение в (тяжком) уголовном преступлении
To reimburse – возмещать, оплачивать, компенсировать
To threaten – угрожать
Beforehand – заранее
To grant an excuse – дать освобождение (от обязанности, работы)
Deferral – отсрочка
Discretion – свобода действий, право свободно решать
Tasks
1. Continue the sentences according to the text:
1) Each judicial district…
2) The clerk’s office then decides…
3) Jurors perform…
4) People can’t be jurors if they are incapable…
5) In most countries jurors are also…
6) But whether to grant an excuse…
2. Make sentences from the suggested words:
1) Questionnaires should complete individuals.
2) are non-compliance penalties for there.
3) forty jurors are federal dollars a paid day.
4) the excuse to grant court whether decides an.
3. Make sentences with the opposite meaning (according to the text).
1) Jurors perform a very small role in the American system of justice.
2) A jury doesn’t decide whether or not somebody is guilty of a crime.
3) Some judicial districts must have an approximate plan for the selection of jurors.
4) The names of potential jurors are drawn from voter’s lists according to a strict scheme.
5) Congress may review the decision about your jury service.
6) Individuals who receive questionnaires can read them and then throw them away.
7) There are no penalties for non-compliance.
8) In most courts jurors do not get any compensation for reasonable transportation expenses.
9) An employer may fire you if you didn’t appear at work because of your jury service.
4. ²Listen to the text and decide whether Mr. Lewis can be a juror. Prove your point of view.
5. Insert a proper word from the list below:
| To reimburse Juror Beforehand | A questionnaire Felony charge | To determine Non-compliance |
1) The clerks’ office usually _____________ eligibility of people for jury service.
2) Will they ______________ me for my transport expenses?
3) Studies often use different kinds of ______________ to know peoples’ opinions.
4) One cannot do ________________ service if he cannot speak or read English.
5) Shall I book tickets ______________?
6) _______________ for jury service is punished by law.
7) He cannot be a member of jury because he has ________________ against him.
6. Find English equivalents for the following Russian words and phrases:
Информировать заранее в письменной форме; приемлемость для работы присяжным; обвинение в уголовном преступлении; умственные и физические недостатки; выдать освобождение или отсрочку; играть жизненно важную роль; решить, виновен ли кто-то в совершении преступления; заполнить анкету; призывать на работу; запрещать увольнять или угрожать сотруднику.
7. Find the words with the following meanings in the letter chaos. The words can go ↑, ↓,→ or ←.
1) earlier: before smth else happens or is done.
2) To pay back money to smb which they have spent or lost
3) A member of a jury
4) The act of committing a serious crime such as murder or rape; a crime of such type.
5) Ability to have or do smth because a person has the right qualifications
6) To say that you will have trouble, hurt, etc if you do not get what you want
7) The freedom or power to decide what should be done in a particular situation
8) Connected with a court of law
9) A reason, either true or invented, that you give to explain or defend your behaviour
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