Judicial Institutions (Courts)
In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of
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a hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to the courts. There are two main reasons for having a variety of courts. One is that a particular court can specialize in a particular kind of legal action. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts. At the top of the hierarchy is a supreme law-making body.
The court in which a case is first heard is called the court of first instance. Appellate courts (or Appeal Courts) are civil or crime courts to which a person may go for a reconsideration of the decision of the original court.
The formal courts are not the only means of solving disputes; adjudication increasingly takes place outside the court system. The two main forms of extra-court adjudication are tribunals and arbitration. Tribunals were established to adjudicate on disputes arising out of social legislation which regulates such areas as employment, housing and social security benefits.
The disputes in these areas might be settled by ordinary courts but the ordinary courts lack the necessary expertise or are too formal, slow and costly. Hence, the legislation has established a tribunal to do the job. There are numerous types of tribunals, each with its own limited jurisdiction over a particular type of claim. Many tribunals have expert assessors1 sitting along a legally experienced chairman to make up the judging panel2. From the point of view of the ordinary citizens they are the most important courts in the country but from the point of view of lawyers they are perhaps the least important element in the court system of England.
In contrast, arbitration is a private means of adjudication, arranged and agreed between parties involved. Here the parties agree to place their dispute in the hands of an independent third party and invest the arbitrator with the power to decide the issue. The arbitrator is likely to be someone with expertise in the area. The purpose of arbitration is to enable people to have small disputes resolved in an informal atmosphere, avoiding as far as possible the strict rules of procedure usually associated with court proceedings. This does not mean that rules are not observed because the object of all court procedures is to protect the interests of each party to the action and to ensure that the case is tried fairly. Nevertheless, the formalities are kept to the minimum.
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The advantages of arbitration are similar to those of tribunals: speed, lower costs, flexibility, informality and adjudication by an expert. These advantages must, of course, be balanced against disadvantages. There is the argument that cheaper, quicker and less formal hearings result in a poor quality service. Nevertheless, the increasing use of tribunals and arbitration seems to indicate that they are a popular way of resolving disputes. On a wider point, they also increase access to justice for the ordinary people who make up 38 per cent of the plaintiffs.
Notes to the Text
expert assessor — эксперт-консультант
judging panel — состав, список судей
Упражнение 1. Дайте русские эквиваленты выделенным словам и словосочетаниям, переведите предложения.
1. A hierarchy of courts is an organization with levels of authority from the highest to the lowest courts. 2. To appeal means to take a case to a higher court in the hope of a new decision. 3. A request to a higher court to reexamine and change the judgment of a previous court hearing is called an appeal. 4. An appellant is the person or the party that requests an appeal. 5. Adjudication is an act of giving a judgment or of deciding a legal problem. 6. The courts called tribunals are specialist courts outside the judicial system which examine special problems and make judgments. 7. To arbitrate is to settle a dispute between parties by referring it to an arbitrator instead of going to court. 8. The word «legislation» means making laws or the laws made. 9. Jurisdiction is administration of justice or the extent of legal authority. 10. An assessor expert helps and advises a judge on technical matters in a particularly difficult case. 11. Disputes are disagreements or arguments. To be in dispute means to be in opposition to each other. 12. The agreement is binding on all parties, that is, all parties signing it must do what is agreed. 13. To bind is to place a court under legal obligation to act in accordance with a previous judicial decision.
Упражнение 2. Заполните пропуски.
1. We have no authority to deal with this matter: it does not come within our ... 2.The person who goes to a higher court to ask
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it to change a decision or a sentence of a lower court is known to be called an ... 3. To ... means to take a question to a higher court for rehearing and a new decision. 4. An ... is a person giving a decision on a legal problem in an industrial dispute. 5. The judicial ... implies that judges in the higher courts have more authority than those in the lower courts. 6. Labour ... is laws concerning the employment of workers. 7. ... is the settlement of a dispute between parties by an outside person, chosen by both parties. 8. He lost his ... for damages against the company. 9. Industrial ... are courts which can decide in disputes between employers and employees. 10. Industrial or labour ... are arguments between management and workers. 11. ... precedent is a decision of a higher court which has to be followed by a judge in a lower court.
Упражнение 3. Составьте словосочетания глаголов из колонки А и существительных из колонки В.
hear / treat
play
regulate
resolve / settle
make
observe
protect
keep
invest
assess
11. appeal
В
a. interests
b. a rule с a case
d. facts
e. relations
f. with power
g. a part / role
h. a dispute / argument i. to a higher court j. smth. to the minimum k. a decision
Упражнение 4. Подберите к глаголам из колонки А близкие по значению слова и словосочетания из колонки В.
А
abolish
agree
argue
avoid
bind
establish
settle / resolve
treat
В
a. express disagreement
b. consider, deal with
с legally force to do smth.
d. put an end to
e. say «yes», be of the same opinion
f. keep away from, escape
g. set up
h. decide, determine
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Упражнение 5. Подберите к словам из колонки А синонимы или близкие по значению словосочетания из колонки В.
А
issue
capacity
benefit
hearing
extra
strict
ordinary
expertise
supreme
10. flexible
В
a. trial
b. subject of a dispute; question for discussion с ability
d. advantage; help
e. adaptable
f. highest
g. outside
h. precisely limited; exactly defined i. normal, usual j. expert knowledge
Упражнение 6. Заполните пропуски антонимами.
inside ... formal ...
the latter ... informality
agreement ... old
fairly ... dissimilarity
Упражнение 7. Назовите прилагательные с суффиксом -able, означаю-
щие:
that can be argued
that can be enforced
that can be avoided
that can be agreed
Упражнение 8. Заполните таблицу на словообразование.
Verb |
Noun |
Adjective |
impart |
avoidance enforcement |
legislative ♦ • • arguable agreeable |
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Упражнение 9. А. Назовите 20—25 ключевых слов и словосочетаний на тему «Judicial institutions and courts».
В. Speak about:
The difference between courts of first instance and appellate courts.
The purpose of tribunals and arbitration.
The advantages of arbitration.
Text 5
Какие требования предъявляют к квалификации юриста в современном обществе? Прочитайте и переведите текст.
The Profession of Lawyers
The word «lawyer» describes a person who practices law, 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 examination to become an attorney, a public prosecutor or a judge.
A distinctive feature of the legal profession in England is that it is divided into two groups: barristers and solicitors. Barristers are lawyers who specialize in arguing cases in front of a judge and have an exclusive right to be heard, the right of audience1, in all law courts in England, 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 are lawyers who do much of the initial preparation for cases. They prepare legal documents (e.g. wills, sale of land or buildings), advise clients on legal matters, and speak on their behalf2 in lower courts. In other words, 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 and making investigations. Many people in England believe the distinction between barristers and solicitors should be eliminated, as it has already happened in Australia.
In both the United States and other industrialized countries, lawyers are becoming more and more specialized. Working in small firms, lawyers now tend to restrict themselves to certain kinds of work and lawyers working in large law firms or employed in the law departments of a large commercial enterprise work on highly specific areas of law.
How to enter the profession of lawyers? Lawyers are subject to standardized examination and other controls to regulate their com-
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petence. In some countries in order to practice as a lawyer it is necessary to obtain a university degree in law. However, in others, a degree may be insufficient; professional examinations must be passed. In Britain, the main requirement is to have passed the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Someone with a university degree in a subject other than law needs first to take a preparatory course. Someone without a degree at all may also prepare for the final examination, but this will take several years. In most countries, lawyers would say that the time they spent studying for their law finals was one of the worst period of their life. This is because an enormous number of procedural rules covering a wide area of law must be memorized. In Japan, where there are relatively few lawyers, the examinations are supposed to be particularly hard: less than 5 percent of candidates pass.
A solicitor in England must then spend two years as an articled clerk3, during which time his work is closely supervised by an experienced solicitor, and then he must take further courses. A barrister spends a similar year serving as a pupil under an experienced barrister.
In most countries, once a lawyer is fully qualified he receives a certificate proving his right to sell his service. There are also insurance provisions so that if a lawyer is ever successfully sued by a client for professional incompetence, there will be funds available to enable him to pay damages. Even if a lawyer is very competent, he must take care not to break the many rules of procedure and ethics set by the body which regulates his profession. In England, the body regulating the conduct of solicitors is the Law Society. There is also a Solicitor's Disciplinary Tribunal with the power to suspend or even disqualify a solicitor.
In most legal systems, conversations between a lawyer and his client are privileged: the client should know that what he says will not be passed on to someone else without his permission. In theory, it could pose difficult ethical problems for a lawyer. For instance, what should he do in a criminal case if he believes his client guilty? In any case, it is the prosecution's job to prove guilt, not the defence's to prove innocence. A lawyer could therefore defend his client simply by trying to point out weaknesses in the prosecution case.
Notes to the Text
the right of audience — право выступать в суде
on their behalf — от их имени
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3. articled clerk — служащий конторы солиситора, выполняющий свою работу в порядке платы за обучение профессии солиситора
Упражнение 1. Составьте словосочетания глаголов из колонки А и существительных из колонки В.
А В
enter a. advice
prepare/ prepare for b. a degree in law
become с time
gain d. a problem
give e. examinations
argue f. a job
pose g. on one's behalf
speak h. a profession
get/ obtain i. guilt/ innocence
prove j. a case
take/ pass k. experience
do 1. arguments, documents/ the final exam
spend m. a lawyer
Упражнение 2. Назовите 5 словосочетаний со словами law и legal.
Упражнение 3. Заполните пропуски.
1. ... is a general term for a member of the legal profession, e.g. a judge, barrister, solicitor, law teacher, etc. 2. The common purpose of a barrister and a solicitor is to provide professional service and advice on legal... 3. Barrister is a lawyer who can speak and ... a case in one of the higher courts. 4. Attorneys are persons who are legally allowed to act on ... of someone else. 5. Solicitors may now have a right of... in certain courts. 6. At present a solicitor may choose any ... to advise his client or to appear for the client in court. 7. ... is a clerk who has passed the examination to become a solicitor but has to work in a solicitor's office for some years to learn the law. 8.... means protected by privilege, e.g. a letter from a client to his lawyer. 9. Jurors are members of a ... 10. Jurist is an expert in ... 11. Jurisprudence is science and philosophy of human ...
Упражнение 4. Заполните пропуски следующими словами: legal, legally, legalize, legalization.
1. To ... is to make something legal. 2. To sue means to take ... action against someone in a civil court. 3. The directors of large commercial enterprises are ... responsible. 4. The ... of labour relations is reflected in the law of employment.
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Упражнение 5. Заполните пропуски синонимами или словами, близкими по значению.
h
igher
in authority
remove
limit
need / require
hand / give to smb. else
show / direct attention to
some
discuss / debate
rule / order
not general
control systematically
think
Упражнение б. Заполните пропуски антонимами.
sufficient ... guilt
incompetent ... strength
weak ... competence ...
lower court ... junior
qualify ... different
final exam ... very small
Упражнение 7. Заполните таблицу на словообразование.
Verb |
Noun |
Adjective |
exclude |
... |
|
|
practice |
... |
|
|
arguable |
|
restriction |
... |
|
... |
advisory |
|
preparation |
♦ • ♦ |
specify |
. *. |
• •. |
... |
qualification |
• • • |
weaken |
... |
♦ • • |
Упражнение 8. А. Назовите 20-25 ключевых слов и словосочетаний на тему «Professional titles in legal systems».
В. Speak about:
How to become a lawyer in different countries. SUPPLEMENTARY TEXTS
To be read after Text 2
Computer crime
Computers can be used to commit all kinds of crimes. It is suggested that one could commit murder by computer if one hacked
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into an air-traffic controller's computer system and caused aeroplanes to crash, with the intent1 to kill the passengers. Not surprisingly crimes that specifically relate to computers are relatively recent creations of statute.
Some specific computer crimes are set out in the Computer Misuse Act 1990. It is designed to protect information kept on computers. There are three particular reasons why such information needs protection by the criminal law. Firstly it is said to be very hard to safeguard information stored on a computer, particularly as often the information is intended to be accessed by a number of authorized people. By contrast information on paper can be kept in a safe or other secure2 place. Secondly the ease of destroying or corrupting data on a computer means it deserves3 special protection, particularly as it is not always possible for the owner of the computer to realize that the data have been looked at. Thirdly the highly confidential4 nature of the kind of information kept on computers (often concerning many members of the public) is such that it needs particular protection.
The act prohibits5 «hacking», i.e., gaining6 unauthorized access to computer material. The offence is committed if a defendant is entering the computer just to see what he can find. The Act also contains a more serious offence of doing this with the intent to commit another offence. The most common example is likely to be a deception (обман) offence or theft. A defendant who obtained data which he intended to use in the future to commit an offence of obtaining property by deception will still be guilty of the more serious offence.
There is also an offence of modifying computer material in an unauthorized way. This section is clearly aimed at people who alter7 computer data with intent to corrupt a program. The intent does not need to be directed towards any particular computer or data. Modification is defined as including removal of any program or data on a computer and includes adding to the contents or erasing8 them.
It also includes temporary9 modification. It would appear to cover sending someone a disc with a virus on it that was intended to damage the working of the computer.
It is possible to be guilty of criminal damage of computers if there has been a physical change to some components of the computer.