What kind of problems does a solicitor deal with

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. Barrister 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. Barristers are also found in South Africa and New South Wales

Exercise 10. 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?

Solicitors and Barristers

Read the text and tell about the difference between 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.

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 depts. In the County Court the solicitor wears a black gown over his ordinary clothes.

A solicitor also deals with matters 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 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.

Answer the following questions:

a) What is almost unique about the English legal system?

b) What kind of problems does a solicitor deal with?

c) How can you become a solicitor?

d) What are barristers experts in?

e) When must you have a barrister?

f) Are barristers paid salaries?

g) Why are barristers remote figures?

INTERNATIONAL LAW

Words and Phrases for the Topic:

Read the text paying attention to the italicized words and say what the notion of International Law is and what it includes.

The Notion of International Law

International law is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other as well as with their own citizens and citizens of other countries. There are two basic categories of International Law, Public International Law and Private International Law, although the two tend to overlap frequently. Public International Law deals with relationships between different nations or between a nation and persons from another country. Private International Law generally deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in how its citizens are treated by other nations.

International law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process. Most nations are said to comply with International Law, but that appears questionable considering the number of human rights violations still occurring around the world. While the international community does attempt to hold all nations to International Law, it is not always feasible. Force may be necessary in order to ensure compliance, and the international community is generally against the use of force except in the direst circumstances.

There are also cultural issues that play a part in acceptance of and compliance with International Law. Some nations have a theocratic, or religious, government rather than a secular one and feel more bound to the tenets of their faith than to man-made law. In some cases, what most of the world views as human rights violations according to International law, may be viewed by some nations as acceptable actions or punishments prescribed by religion. This can create very sensitive situations.

The United Nations (UN) is probably the most well recognized of all international institutions. It has influence over the world community as a whole as well as individual nation. The UN is supposed to establish and protect peace and cooperation between nations and to ensure that people are treated humanely by their own as well as by other governments and groups.

1. Give Russian equivalents of the following:

Private International Law

interact with each other

to comply with International Law

human rights violations

force may be necessary

a theocratic government

influence over the world community

to establish and protect peace and cooperation between nations

to treat humanely

3. Match two parts of the sentences in two columns:

4. Answer the following questions:

1. What is International Law?

2. What are the two basic categories of International Law?

3. What does Public International Law deal with?

4. What is Private International Law related to?

5. Is every nation state complied with the International Law?

6. When may force be necessary?

7. What are the main issues in International Law?

8. What is the difference between a secular government and a theocratic one?

9. What is the most well recognized international institution?

10. What is the mission of UN?

5. Imagine that you are a student of Monterey College of Law in California. Today your professor is going to lecture about “The International Law Fundamentals”. Before lecturing the professor asks your group if you know anything about International Law. Share your knowledge on this topic from Text 1.

Read the text paying attention to the italicized words and describe the domains of and sources of International Law.

Очень нужна помощь в английском языке, помогите. Лучшему 10 баллов

Задание № 1
1.Прочитайте текст;
2.Письменно составьте вопросы к тексту.
3.Выпишите из текста предложения, содержащие причастие I и II, подчеркните причастие и определите функцию причастия в предложении.
4.Найдите в тексте предложения в пассивном залоге, подчеркните сказуемое и переведите предложения на русский язык.
5.Письменно переведите абзац 1.
1)Judges. Under the Constitution of Russia judges shall be citizens of the Russian Federation over 25 years of age with higher education in law, having five-year experience in law. Their duty consists: in examining all the case evidence, interrogating the defendants, interviewing victims and witnesses, hearing the experts` findings, examining the physical evidence and passing sentence which must be lawful, grounded and just.
2)Notaries. The main task of notarial offices is to check the legality of all documents they witness and to give legal advice and to render assistance to institutions, organizations, enterprises and individuals in protecting their legitimate interests. The duty of the notaries also consists in helping applicants to make wills, in drawing deeds of gift, purchase and sale.
3)Advocates. Advocates are united into professional organizations – colleges of advocates (the Bar). In accordance with the Constitution, the main task of the Bar is promoting the protection of the lawful rights and interests of citizens and organizations, the observance of law. Members of the Bar give advice on juridical matters, act as their clients` representatives in court, participate in the preliminary investigation and in court in criminal cases as counsels for the defence, represent victims, plaintiffs, defendants.

Задание № 2.
1.Найдите соответствие между колонками А и Б
АБ
1. human rightsa. выдвижение кандидата
2. criminal lawb. завещание
3. civil lawc. свидетель
4. juryd. адвокат
5. lawyere. адвокатура
6. legalf. уголовный кодекс
7. witnessg. судебное дело
8. willh. судебная система
9. sentencei. юридическая профессия
10. barj. юрисконсульт
11. casek. судья
12. court systeml. виновный
13. legal professionm. законодательство
14. legal advisern. правовой
15. judgeo. гражданский кодекс
16. guiltyp. суд присяжных
17. legislationq. юрист, адвокат
18. attorneyr. приговор
19. nominations. права человека
20. electoral lawt. избирательное право

2.Прочитайте текст и ответьте на вопросы
Two Types of Lawyers
1)The magistrates` court is the most common type of law court in the United
Kingdom. The court system is dependent upon the legal profession to make in work. 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. Each branch has its own characteristic functions and a separate governing body.
2)The traditional picture of the English lawyer is that the solicitor is the general
practitioner, confined mainly to the office. The solicitor is the legal adviser of the public. Members of the public are to call at a solicitor`s office and seek his advice in a personal interview. The barrister is the specialist adviser much of whose time is taken up with court-room appearance.
3)The ratio for barristers is about one per every 10,000. Taking the legal
profession as a whole, there is one practicing lawyer per 1,200 people! But a lot of work in English solicitor` offices is undertaken by managing clerks, now called «legal executives» who are a third type of lawyers.
4)Thus, solicitors make up the largest branch of the legal profession in England.
They are found in every town, where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court for their clients, prepare cases for barristers to present in the higher court, and may represent their client in a magistrates` cou

1. Найдите соответствие между колонками А и Б

2. Прочитайте текст и ответьте на вопросы
Ответьте на вопросы.
1. What is the most common type of law court in the United Kingdom?
The magistrates` court is the most common type of law court in the UK.
2. What is the court system dependent upon?
. The court system is dependent upon the legal profession to make in work
3. What are the two major kinds of lawyers in England?
. The two kinds of lawyers are solicitors and barristers
4. What is a third type of lawyers?
They are managing clerks, now called «legal executives» who are a third type of lawyers.
5. What kind of problems does a solicitor deal with?
They deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court for their clients, prepare cases for barristers to present in the higher court, and may represent their client in a magistrates` court.
6. How can you become a solicitor?
Solicitors make up the largest branch of the legal profession in England.
You should be trained well and graduate from University
7. Are judges themselves a separate profession?
. There is no separate training for judges
8. Are magistrates paid salaries?
Magistrates are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.
9. What cases are juries used in?
Juries are rarely used in civil cases, mostly in criminal ones.

4. Выпишите из текста предложения в пассивном залоге, подчеркните сказуемое и переведите предложения на русский язы
1.But a lot of work in English solicitor` offices is undertaken by managing clerks (сказуемое- is undertaken)=Много работы в английских адвокатских конторах выполняется управляющими клерками
2.They are found in every town, where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etс (сказуемое- are found)=Их находят в каждом городе, где они имеют дело с ежедневными делами, подготавливая юридические документы продажи и покупки домов, составляя завещания, и т. д.
3.If the person is found guilty, the punishment is passed by the presiding judge (сказуемое- is found) = Если человека признают виновным, наказание назначается местным судьей…
4.Juries are rarely used in civil cases.(сказуемое- are used) Прияжные редко используются в грахданских делах.
5.They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.(сказуемые- are unpaid, are given) =Им обычно не платят, они не имеют юридического образования, но это уважаемые люди, кого немного обучают.

Иностранный язык (европейский) (стр. 8 )

Из за большого объема этот материал размещен на нескольких страницах: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2. Make word combinations from A and В opposite using a word from each box. Then use appropriate word combinations and information in В opposite to answer the questions below.

1) How does a claim proceeding start?

2) What must a defendant do when he or she has been served with a claim?

3) If both parties want time to try to settle the dispute out of court, what should they ask the court to do?

4) What is the purpose of a case management conference?

5) If a defendant is ordered to pay a claimant’s costs but does not, what action can the claimant take?

UNIT 2 LEGAL PROFESSIONALS IN PRACTICE

2.1 Solicitors

Translate words and collocations with the dictionary.

draft legal documents

appeal in a court

to be instructed

form a partnership

mergers and acquisition

Find in the text the English equivalents of the following:

правоохранительный орган; Общество Юристов; вести профессиональную деятельность; профессиональное обучение на практике; юрисконсульт; получать поддержку; правительственное ведомство; выбрать специализацию; юридическая консультация; обращаться в суд; получить право адвокатской практики в суде; составлять договоры и завещания; бакалавр юридических наук; право выступать в суде; получить степень магистра; суд вышестоящей инстанции; приобрести огромный опыт

A. Legal practitioners

Lawyers in the United Kingdom jurisdictions generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. They can each do advocacy, draft legal documents and give written advice, but solicitors, unlike barristers, cannot appear in every court.

Traditionally, solicitors undertake work such as conveyancing, and drawing up contracts and wills. Barristers spend more time in court and have a right of audience in the higher courts. Unlike solicitors, barristers cannot usually be employed directly by clients but arc instructed by solicitors. Solicitors normally form partnerships with other solicitors and work in offices with support staff. The qualification and practice of solicitors are regulated by the Law Society.

Sami, a 25 year-old graduate, is talking about his experience as a trainee.

“My first degree was in engineering at Manchester University. Then I did two one-year law courses. The first led to the Common Professional Examination, or CPE; the second was the Legal Practice Course. I had a vacation placement at Applewood Branston, who offered me a two-year traineeship. They have a six seat system, which is quite common. Trainees spend time attached to different law departments, which suits me as I get a basic grounding in the main departments of the firm, helping me find which area of the law I’d like to specialise in. I can work in four or more different areas of law for four months at a time and then decide on a specialism later in the training contract. In my third seat, in Corporate Finance, I’ve learnt a lot from being on secondment with a client and got excellent back up from my seat supervisor, that is, supervising partner. It was good to put the professional skills training into practice straight away.”

C. A partner in a law firm

“I joined Applewood Branston two years ago and was promoted to partner in the corporate and banking team in Paris. Before that I worked for twelve years for other leading international law firms. I’ve got extensive experience of privatisations, mergers and acquisitions, and I advise investment banks and corporates.”

1. A potential Polish client is talking to an English plete the solicitor’s statements (1-3). Look at the text to help you. There is more than one possibility for one of the answers.

1) Client: I’m looking for a lawyer to help me buy some land for a business.

Solicitor: My firm undertakes a lot of _____. We could advise you and help to _____ _____ contacts.

2) Client: We’ve had some trouble in the past with getting large invoices paid.

Solicitor: We can do _____. If your case goes tо court, we have _____ _____ _____ and I can _____ in the lower courts.

3) Client: Can you appear in the Appeal Court?

Solicitor: No, I’m a _____ but my firm would instruct a _____ if a case were to go to the Appeal Court.

2. Ana Garcia is talking about her plete what she says with words from the text. There is more than one possibility for one of the answers.

I’m an abogada, a lawyer in Spain. I obtained my law (1) _____ in Barcelona. In the summers, as a student, I did a vacation (2) _____ in my uncle’s law (3) _____. I (4) _____ from university six years ago. Because my English and French are good I got a (5) _____ to the New York office of my firm. While I was there I was (6) _____ by the mergers and acquisitions team. I’ve always enjoyed working with large companies so
now I want to (7) _____ in (8) _____.

3. Answer the following question.

1) How do you qualify as a solicitor?

2) What kind of problems does a solicitor deal with?

3) Do solicitors have the right to speak in all courts?

4) Do clients have direct contact with solicitors?

5) Do solicitors only give advice about specialist areas?

6) Do solicitors need a law degree to qualify?

7) Do they have to accept all the work that they are offered?

8) Do solicitors always work on their own?

9) Can solicitors be sued for negligence?

10) What’s the difference between a solicitor and a barrister?

2.2 Barristers

Translate words and collocations with the dictionary.

1.Найдите соответствие между колонками А и Б
АБ
1. human rightsa. выдвижение кандидата
2. criminal lawb. завещание
3. civil lawc. свидетель
4. juryd. адвокат
5. lawyere. адвокатура
6. legalf. уголовный кодекс
7. witnessg. судебное дело
8. willh. судебная система
9. sentencei. юридическая профессия
10. barj. юрисконсульт
11. casek. судья
12. court systeml. виновный
13. legal professionm. законодательство
14. legal advisern. правовой
15. judgeo. гражданский кодекс
16. guiltyp. суд присяжных
17. legislationq. юрист, адвокат
18. attorneyr. приговор
19. nominations. права человека
20. electoral lawt. избирательное право

2.Прочитайте текст и ответьте на вопросы
Two Types of Lawyers
1)The magistrates` court is the most common type of law court in the United
Kingdom. The court system is dependent upon the legal profession to make in work. 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. Each branch has its own characteristic functions and a separate governing body.
2)The traditional picture of the English lawyer is that the solicitor is the general
practitioner, confined mainly to the office. The solicitor is the legal adviser of the public. Members of the public are to call at a solicitor`s office and seek his advice in a personal interview. The barrister is the specialist adviser much of whose time is taken up with court-room appearance.
3)The ratio for barristers is about one per every 10,000. Taking the legal
profession as a whole, there is one practicing lawyer per 1,200 people! But a lot of work in English solicitor` offices is undertaken by managing clerks, now called «legal executives» who are a third type of lawyers.
4)Thus, solicitors make up the largest branch of the legal profession in England.
They are found in every town, where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court for their clients, prepare cases for barristers to present in the higher court, and may represent their client in a magistrates` court. Barristers defend or prosecute in the higher courts.
5)Although solicitors and barristers work together on cases, barristers specialize
in court and the training and career structures for the two types of lawyers are quite separate. In court, barristers wear wigs and gowns in keeping with the extreme formality of the proceedings. There are a few hundred judges, trained as barristers, who preside in more serious cases. There is no separate training for judges.
6)A jury consists of twelve people («jurors»)? Who are ordinary people chosen
at random from the list of people who can vote in elections. The jury listens to the evidence given in court in certain criminal cases and decides 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 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.
Ответьте на вопросы.
1.What is the most common type of law court in United Kingdom?
2. What is the court system dependent upon?
3.What are the two major kinds of lawyers in England?
4.What is a third type of lawyers?
5.What kind of problems does a solicitor deal with?
6.How can you become a solicitor?
7.Are judges themselves a separate profession?
8.Are magistrates paid salaries?
9.What casts are juries used in?
3.Письменно переведите 1, 4 и 6 абзацы.
4.Выпишите из текста предложения в пассивном залоге, подчеркните сказуемое и переведите предложения на русский язык.

1. Найдите соответствие между колонками А и Б

2. Прочитайте текст и ответьте на вопросы
Ответьте на вопросы.
1. What is the most common type of law court in the United Kingdom?
The magistrates` court is the most common type of law court in the UK.
2. What is the court system dependent upon?
. The court system is dependent upon the legal profession to make in work
3. What are the two major kinds of lawyers in England?
. The two kinds of lawyers are solicitors and barristers
4. What is a third type of lawyers?
They are managing clerks, now called «legal executives» who are a third type of lawyers.
5. What kind of problems does a solicitor deal with?
They deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etc. Solicitors also work on court for their clients, prepare cases for barristers to present in the higher court, and may represent their client in a magistrates` court.
6. How can you become a solicitor?
Solicitors make up the largest branch of the legal profession in England.
You should be trained well and graduate from University
7. Are judges themselves a separate profession?
. There is no separate training for judges
8. Are magistrates paid salaries?
Magistrates are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.
9. What cases are juries used in?
Juries are rarely used in civil cases, mostly in criminal ones.

4. Выпишите из текста предложения в пассивном залоге, подчеркните сказуемое и переведите предложения на русский язы
1.But a lot of work in English solicitor` offices is undertaken by managing clerks (сказуемое- is undertaken)=Много работы в английских адвокатских конторах выполняется управляющими клерками
2.They are found in every town, where they deal with all the day-to-day work of preparing legal documents for buying and selling houses, making wills, etс (сказуемое- are found)=Их находят в каждом городе, где они имеют дело с ежедневными делами, подготавливая юридические документы продажи и покупки домов, составляя завещания, и т. д.
3.If the person is found guilty, the punishment is passed by the presiding judge (сказуемое- is found) = Если человека признают виновным, наказание назначается местным судьей…
4.Juries are rarely used in civil cases.(сказуемое- are used) Прияжные редео используются в грахданских делах.
5.They are usually unpaid and have no formal legal qualifications, but they are respectable people who are given some training.(сказуемые- are unpaid, are given) =Им обычно не платят, они не имеют юридического образования, но это уважаемые люди, кого немного обучают.

вот перевод
А Б
1. права человека a. выдвижение кандидата
2. уголовное право b. завещание
3. гражданское право c. свидетель
4. жюри d. адвокат
5. адвокат e. адвокатура
6. юридический f. уголовный кодекс
7. г свидетеля. судебное дело
8. будет h. судебная система
9. предложение i. юридическая профессия
10. бар j. юрисконсульт
11. случай k. судья
12. система суда l. виновный
13. юридическая профессия м. законодательство
14. юрисконсульт n. правовой
15. судья o. гражданский кодекс
16. виновный p. суд присяжных
17. законодательство q. юрист, адвокат
18. поверенный r. приговор
19. назначение s. права человека
20. избирательный закон t. избирательное право