- •Утверждено и рекомендовано решением
- •В качестве учебного пособия
- •Введение
- •Chapter VII crimes and torts Unit 21 Crimes
- •Text a What is Crime?
- •Vocabulary
- •Vocabulary tasks
- •Vocabulary tasks
- •Text b What Type of Conduct Amounts to a Crime
- •Vocabulary
- •Thug Behind Bars
- •Martine Moon Murdered
- •Tears and Anger as Groom Disappears
- •Text c Kinds of Cases
- •Vocabulary
- •Vocabulary tasks
- •Text d Classification of Crimes
- •Vocabulary
- •What’s your Verdict?
- •Vocabulary tasks
- •Law Breakers
- •Text e Crime in Modern Society
- •Vocabulary
- •The Knightsbridge Safe Deposit Robbery
- •Unit 22 The Globalization of Deceit
- •Counterfeiting
- •Imitating Property is Theft
- •Counterfeiting is on the Increase. Companies Ignore it at their Peril
- •Vocabulary
- •Vocabulary tasks
- •Unit 23 Torts
- •Text a Classification of Torts
- •Text b Comparison of Crimes and Torts
- •Vocabulary
- •Vocabulary tasks
- •Unit 24 Punishment
- •Vocabulary
- •Some stupid thieves
- •Vocabulary tasks
- •1) Связанный с применением наказания
- •2) Карательный, штрафной
- •Assault
- •Shop-lifting
- •In the courtroom
- •Crime & punishment
- •Text b Legal Anecdotes
- •Unit 25 Capital Punishment
- •Text a History of Capital Punishment
- •Vocabulary
- •Vocabulary tasks
- •Text b Capital Punishment: For and Against
- •Vocabulary
- •Vocabulary tasks
- •Financial Costs
- •Inevitability of Error
- •Barbarity
- •Futility
- •Chapter VIII legal profession Unit 26
- •Professional Titles
- •Vocabulary
- •Vocabulary tasks
- •Unit 27 People in Law Cases in Great Britain
- •Text a Legal Profession in England and Wales
- •Vocabulary
- •Solicitor or barrister?
- •Text b Judges in Great Britain
- •Vocabulary tasks
- •Unit 28 Lawyers in the usa
- •Text a The Job of the Lawyers
- •Vocabulary
- •Vocabulary tasks
- •Text b What Lawyers Do
- •Vocabulary
- •Vocabulary tasks
- •The American Legal Profession
- •Vocabulary
- •Vocabulary tasks
- •Judges and Justices
- •Unit 29 Lawyers in Russia
- •Text a Legal Professionals
- •Vocabulary
- •Vocabulary tasks
- •Text b Judges in the Russian Federation
- •Vocabulary
- •Vocabulary tasks
- •Chapter IX legal education Unit 30 Legal Education in the uk
- •Text a Studying Law at Cambridge University (England)
- •The Law Course at Cambridge
- •Vocabulary
- •Vocabulary tasks
- •Essential Vocabulary
- •Text b Legal Latin
- •Legal Latin Vocabulary
- •Text c a Call to the Bar
- •Studying law in the uk
- •Studying law in the usa
- •Vocabulary
- •Text a Lawyer’s Training.
- •Vocabulary tasks
- •Unit 31 Legal Education in the usa
- •Vocabulary
- •Vocabulary tasks
- •Text b How to Achieve the Dream of Becoming a Lawyer
- •Vocabulary
- •Vocabulary tasks
- •Interview with an American Attorney.
- •Unit 32 Career in the Law Text a
- •A lawyer’s curriculum vitae
- •Text b Main Stages of a Solicitor’s and Barrister’s Career
- •Essential Vocabulary
- •Text c Career Opportunities
- •Vocabulary tasks
- •Chapter X the law in practice Unit 33 Law Firms
- •Part 1 : Text a Running a Business
- •Vocabulary
- •Vocabulary tasks
- •Text b The Cost of Legal Services.
- •Vocabulary
- •Vocabulary tasks
- •Legal Aid and Advice
- •Discussion and Creative Writing
- •Part 2: Text a Law Firms
- •Text b Law Firm in Practice
- •Vocabulary
- •Text c Law Firm Structure
- •Vocabulary
- •Vocabulary tasks Describing a law firm
- •Practice areas
- •Text d Law Firm Kravitz &Bane
- •Partnership: Can it survive in today’s mega-firms?
- •Vocabulary
- •Vocabulary tasks
- •The Prudent Course Ethical and Practical Considerations in Client Selection
- •Vocabulary
- •Vocabulary
- •Part 6 : Legal Environment of Business
- •Bays law firm about our law firm
- •Our goal
- •European Bank for Reconstruction and Development
- •Counsel Banking Operations
- •Vocabulary tasks
- •Vocabulary
- •Unit 34 Company Formation and Management
- •Introduction to Company Law
- •Business Vocabulary
- •Vocabulary tasks
- •Text b Company Formation
- •Vocabulary
- •Unit 35 Business Organizations in the uk
- •Company Types in the uk
- •3 Limited liability company – llc.
- •Vocabulary tasks
- •I Company Law
- •Types of Companies: 1
- •Types of Companies: 2
- •Useful vocabulary for Exercises
- •Unit 36 Types of Business Organizations in the usa
- •To understand the difference and similarity of businesses study the Table carefully. Major Business Forms Compared
- •Vocabulary tasks
- •Sole proprietorship
- •Unit 37 Types of Business Organizations in Russia
- •Text a Creation of a Legal Entity
- •Vocabulary
- •Vocabulary tasks
- •Text b Commercial and Non- Commercial Legal Entities
- •Commercial Legal Entities
- •The Commercial Partnership
- •The Company Limited by Shares (The Joint- Stock Company)
- •Vocabulary
- •Vocabulary tasks
- •Литература
- •Contents
- •Legal English-2
Inevitability of Error
In 1975, only a year before the Supreme Court affirmed the constitutionality of capital punishment, two African-American men in Florida were released from prison after twelve years awaiting execution for the murder of two white men. Their convictions were the result of coerced confessions, erroneous testimony of an alleged eyewitness, and incompetent defense counsel. Though a white man eventually admitted his guilt, a nine-year legal battle was required before the governor would grant them a pardon. Had their execution not been stayed while the constitutional status of the death penalty was argued in the courts, these two innocent men probably would not be alive today.
Barbarity
The latest mode of inflicting the death penalty, enacted into law by nearly two dozen American states, is lethal injection, first used in Texas in 1982. It is easy to overstate the humaneness and efficacy of this method. There is no way of knowing that it is really painless. As the U.S. Court of Appeals observed, there is “substantial and uncontroverted evidence… that execution by lethal injection poses a serious risk of cruel, protracted death.... Even a slight error in dosage or administration can leave a prisoner conscious but paralyzed while dying, a sentient witness of his or her own asphyxiation.”
Futility
Gangland killings, air piracy, drive-by shootings, and kidnapping for ransom are among the graver felonies that continue to be committed because some individuals think they are too clever to get caught. Political terrorism is usually committed in the name of an ideology that honors its martyrs; trying to cope with it by threatening terrorists with death penalty is futile.
E Using the information and vocabulary from the Unit write an essay on one of the following statements.
Relaxation of harsh laws has never led to increase in crime.
Those in favour of capital punishment are motivated only by desire for revenge and retaliation.
Hanging, electric chairs, garroting, etc., are barbaric practices, unworthy of human beings.
Suspension of capital punishment is enlightened and civilized.
Capital punishment creates, it does not solve, problems.
Crime can only be drastically reduced by the elimination of social injustices.
Debate
There is no room for capital punishment in a civilized society.
Divide into groups – pro and con – and conduct a debate on the necessity of capital punishment.
Appoint the ‘Chair’ of the debate who will give the floor to the speakers of both teams.
Use the active vocabulary from the Unit.
Chapter VIII legal profession Unit 26
Before you read
Discuss these questions.
1 What titles for lawyers do you know?
2 What kind of work do they do?
Professional Titles
Throughout the world, the word “lawyer” is used to mean someone who has legal knowledge or who is engaged in the practice of law. Those unfamiliar with the legal system are often confused by the variety of titles used for members of the legal professions. There are many English words which may denote a lawyer, and different jurisdictions use different titles for lawyers: “advocate, attorney, barrister, solicitor”.
For example, a lawyer in the United States is often called an “attorney”, which in England is a title formerly used by solicitors.
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 an attorney, a public prosecutor or a judge.
In England, the decision is between becoming a barrister or a solicitor.
Study the titles of legal professions with their definitions given in the list below.
Advocate |
1 A person, who defends or supports a cause or proposal. The civil law equivalent of a barrister, as in Scotland.
2 A person who assists, defends, pleads, or prosecutes for another; pleads the cause of another before a tribunal or judicial court.
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Agent |
One who is authorized to act for or in place of another. There are agents in business (managing agents, commercial agents, advertising agents), in policy (foreign agent, public agent), agents designated by law to receive litigation documents for a nonresident corporation (statutory agent).
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Arbitrator |
A neutral person chosen to resolve disputes between parties, especially by means of formal arbitration. |
Attorney |
1 In American English a lawyer. There is a US attorney in each federal judicial district. US attorneys have considerable discretion, which makes them powerful political figures in any community. Their decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district. 2 A person appointed to act for another in business or legal matters. 3 One who practises law.
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Attorney- general |
1 The chief legal officer appointed by the government (Brit). 2 The chief law officer of a state or of the US, responsible for advising the government on legal matters and representing it in litigation (US).
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Bailiff |
1 A law officer whose job is to take the possessions or property of people who cannot pay their debts (Brit). 2 A court officer who maintains order with the parties, attorneys and jury during court proceedings (US). 3 A sheriff’s officer who executes writs and serves processes (US).
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Barrister |
In England and Northern Ireland a lawyer who is admitted to plead at the bar and who may try or argue in superior courts. Barristers defend or prosecute in the higher courts. 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). A barrister (in Scotland “advocate”) can normally only deal with clients through a solicitor.
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Clerk |
A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.
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Coroner |
A public official whose duty is to investigate the causes and circumstances of any death that occurs suddenly, suspiciously or violently. Coroners have medical or legal training (or both). |
Detective
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A police officer whose job is to investigate and solve crimes.
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Investigator |
A person who conducts an official inquiry. After receiving information that a crime has been committed the investigator commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, details suspects.
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Judge
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A presiding court officer with authority to hear and decide cases in a lawcourt, elected or appointed.
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Jurist |
One who has a thorough knowledge of law. A jurist is a great expert in the law who is normally an academic lawyer, writer or consultant (but may also be a judge or a practising lawyer).
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Juror |
A member of the jury. You become a potential juror after your name is selected at random from voters registration records. The job of a juror is to listen to the evidence and to decide what really happened. To be a good juror you should use common sense, and be fair and honest.
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Jury |
A group of people (usually 6 or12) legally selected and sworn to inquire into any matter of fact who decide the facts of a case (usually criminal) and give a decision of guilty or not guilty called a verdict. The judge directs the jury on matters of law.
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Lawyer |
A person trained and qualified in the law who does legal work for other people. A general term for a member of the legal profession, e.g. a judge, advocate, attorney, barrister, solicitor, law teacher. A person whose job is to advise people about laws, write formal agreements, or represent people in court.
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Legal adviser (-or) |
A person who is an expert in the law and gives legal advice. |
Magistrate (Br)
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An official who acts as a judge in the lowest courts of law; syn. Justice of the Peace (JP). |
Magistrate (US)
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A judicial officer appointed by judges of federal district courts having many but not all of the powers of the judge. They may conduct civil or misdemeanour criminal trials.
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Notary (also notary public) |
A public officer, especially a lawyer, who attests or certifies documents to make them authentic, and performs official acts in commercial matters, such as protesting negotiable instruments.
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Ombudsman |
Someone who deals with complaints made by the public against government departments, banks, ensurance companies, etc. There are Banking Ombudsman, Insurance Ombudsman. In Britain the main government Ombudsman is called the Parliamentary Commissioner for Administration.
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Prosecutor |
A lawyer hired by government to conduct criminal proceedings. The person who presents the case in a criminal court against a person accused of a crime. He is a lawyer who represents the interests of the state in criminal trials and the country in all legal matters involving the country in criminal cases. The prosecutor has the responsibility of deciding who and when to prosecute. Also known as prosecuting attorney.
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Sheriff |
1 The chief officer appointed by the King or Queen in counties and certain cities of England and Wales with legal and ceremonial duties (often High Sheriff, Brit.). 2 An elected officer responsible for keeping law and order in a county (US).
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Solicitor |
A lower court trial lawyer who prepares legal documents, advise clients, and sometimes speaks for them in the courts; prepares cases for barristers in the higher courts.
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