Understanding the law ВСЕ УПРАЖНЕНИЯ. The Royal Courts of Justice Vocabulary List
 Скачать 1.52 Mb.
|
|
Vocabulary Notes Vice-Chancellor (VC) a judge who is vice president of the Chancery Division of the High Court. The Vice Chancellor is by statute responsible to the Lord Chancellor for the organization and management of the business of the Division and is ex officio a member of the Court of Appeal. Chancery Division the work of the Division is principally concerned with matters relating to real property, trusts, and the administration of estates but also includes cases concerned with company law, patents and other intellectual property, and confidentiality cases. Lord Chief Justice of England (LCJ) the chief judge of the Queen’s Bench Division of the High Court. He ranks second only to the Lord Chancellor in the judicial hierarchy. The LCJ is ex officio a member of the Court of Appeal and is President of its Criminal Division. Court of Appeal the Court exercises appellate jurisdiction over all judgements and orders of the High Court and most determinations of judges of the county courts. In some cases the Court of Appeal is the court of last resort, but in most cases its decisions can be appealed to the House of Lords, with permission of the Court of Appeal or the House of Lords. The Court is divided into a Civil Division (presided over by the Master of the Rolls) and a Criminal Division (presided over by the Lord Chief Justice). House of Lords (the Upper House) scrutinizes legislation and has judicial functions. The house is presided over by the Lord Chancellor and its business is arranged, in consultation with the Opposition, by a government minister appointed Leader of the House. The House of Lords is the final court of appeal in the UK in both civil and criminal cases, although it refers some cases to the European Court of Justice for a ruling. Reading Comprehension Exercises I. Scanning. 1. Find out the number of parts in this chapter. Give their titles. 2. Find in the text the place explaining the reasons of unpopularity of lawyers and of legal profession as such. 3. Find out the information about codes of professional conduct for lawyers. 4. Find in the text the author’s opinion on lawyer’s role in the course of trial. 5. Find in the text the information about legal aid system. 6. Find in the text the information about a new system of payment of fees. 7. Find in the text the information about legal advice clinics and Law Offices. 8. Find out the information about two main legal privileges. II. Skimming A. Look more closely through the first part and decide which of the following statements renders the main idea of the given part. 1. Although lawyers may be at ‘daggers-drawn’ during a case, there are rules of behaviour – codes of professional conduct – which provide that when in court they must always be courteous to one another. 2. If a lawyer is asked to defend him [the client], he must use all his knowledge and skill to present his client’s case in the best possible light. This is so even if he feels that the defence is not a good one, and that it is unlikely to succeed. 3. Just as judges are expected to be independent, and do the right thing, so too are the members of the legal profession. This means that they should be determined and fearless in putting forward their client’s case. B. Decide whether the following statements are true or false. Correct the false ones. 1. If litigants cannot afford to pay the fees of their lawyers, they may apply for legal advice. 2. Lawyers may agree to take on a case for no fee at all, on condition that if the client wins the case and is awarded damages, they will receive these winnings. 3. Claimants are people against whom claims are brought in the civil courts. 4. The privilege given to clients is that a lawyer must not reveal what he or she has been told by the client in the course of preparing a case, without the client’s consent. 5. If a lawyer performed his ‘out of court’ work negligently, giving bad legal advice, preparing a defective contract, the client couldn’t take him to court and claim compensation. Vocabulary Work Exercises I. Suggest Russian equivalents of the following expressions and use them in your own sentences based on the text. 1. seize power; 2. overthrow the system; 3. consider with special care; 4. suffer injustice; 5. excursion; 6. public spirited citizen; 7. break confidentiality; 8. in sb’s favour (n); 9. the defence is unlikely to succeed; 10. however great the pressure; 11. road accident; 12. claim compensation; 13. rule of evidence; 14. advocacy; 15. be entitled to. II. Suggest English equivalents of the following expressions and use them in your own sentences based on the text. 1. возмущаться при выплате гонорара; 2. быть на чьей-л. стороне; 3. быть на ножах с кем-л.; 4. претерпевать изменения; 5. зарабатывать прожиточный минимум; 6. пострадавший; 7. признавать (ся), сознаваться; 8. заявить (предъявить, вчинить, возбудить) иск; возбудить судебное дело, судебный процесс; 9. пособие за счёт благотворительных фондов; 10. не принять иск к рассмотрению; 11. халатность; 12. решение суда о возмещении убытков; 13. применение (права, закона и т.д.); 14. гражданские свободы; 15. благотворительное общество или учреждение. III. Match the expressions on the left (A) with their proper translation on the right (B).
IV. Guess the concept of the following definitions. 1. person who brings a case in a civil court; 2. person who is making or defending a claim in a court of law; 3. person against whom a claim is brought in a civil court; 4. anyone who seeks the advice and help of a solicitor or a barrister; 5. person who has seen a crime, accident, etc. and can describe it afterwards. V. Give definitions of these words. Use the dictionary. Suggest the word-combinations in which these words can be used. 1. institution where law students, as part of their training, help people with their legal problems; 2. disobeying a court order; 3. fighting a case in court; 4. payments received by lawyers for their work; 5. legal fees in any court case
1. Lawyers are there to represent people, not to judge them. 2. A lawyer must not make up a fictional defence for a client out of his own head, or defend someone who tells him that he has committed the crime. 3. If the lawyer knows that his client is guilty, and the client refuses to plead guilty, the lawyer becomes what is known as “professionally embarrassed”. 4. In a criminal trial it is the duty of the prosecution to disclose to the defence anything in their possession that may assist the defence. 5. The judge must warn the jury that it is always possible for identifications to be mistaken and that they must consider that type of evidence with special care.
1. In England the legal profession is divided into two types of lawyers, called _______ and _______. 2. It is said that there are two _______ of legal profession. 3. Whenever lawyers of any kind appear together in court, they always refer to one another as _______ 4. They have a “_______ to the Court” to behave honourably, and not to do anything which they know will mislead the court and harm the interests of justice. 5. Many young lawyers find it a struggle to earn _______. 6. If the lawyers lose a case, they will usually be ordered to pay the costs of _______. 7. _____ is now recognized to be one of the most important social advances of the last century. 8. If the client wins the case and is awarded _______ (money compensation), they will receive a percentage of these winnings. 9. If someone confesses a crime to his doctor or priest, or to a newspaper reporter, there is no _______. 10. Until recently lawyers too enjoyed an important privilege – _______
_____________________________________________________________________________ In (10); on; of (10); with (2); to (3); into (2); at; for (4); by; without; from _____________________________________________________________________________ 1. However close lawyers may be as personal friends, they must never allow their friendship to get __ the way of doing their duty __ behalf of their clients. 2. Lawyers representing opposite sides __ a case must act honourably __ the best interests __ justice. 3. Anyone who is charged __ a crime and who denies being involved __ it should have a fair trial. 4. If a person accused __ crime admits it __ his lawyer, the lawyer does then know he is guilty, and he must advise him to plead guilty. 5. If he is taken __ custody (kept __ a police station), the police must offer to arrange __ his representation immediately. 6. They researched the case of Alex Allen, who had been convicted __ robbery and sentenced __eight years’ imprisonment. 7. This scheme is now an important part __ the civil justice system, particularly __ the case __ claims __ damages __ personal injuries. 8. The privilege is that a lawyer must not reveal what he or she has been told __ the client __ the course __ preparing a case, __ the client’s consent. 9. The possibility __ a claim __ negligence might inhibit the lawyer __ acting __ accordance __ his overriding duty __ the court. 10. The House of Lords took all of these matters __ account, and decided that __ practice it would only be __ a very plain case __ neglect __ the conduct __ a case __ court that a client could ever be successful.
1. Существуют кодексы профессиональной этики, которые предусматривают, что, находясь в здании суда, они [юристы] должны быть всегда учтивы друг с другом. 2. Многие важные достижения в области гражданских свобод личности обязаны своим существованием юристам, которые бесстрашно проводили судебный процесс, несмотря на оказываемое на них давление. 3. Юрист никогда не должен создавать клиенту вымышленную защиту, используя свою собственную фантазию, а также защищать человека, говорящего о том, что он совершил преступление и повинен в нем. 4. Развитие права происходит вследствие неустанной работы юристов, которые поверили в то, что их подзащитные пострадали от несправедливости. 5. Любому лицу, арестованному и обвиненному в совершении серьезного уголовного преступления, и которое не может себе позволить оплатить услуги защиты, будет дано право попросить предоставления юридической консультации Grammar Revision Exercises Translate the sentences from English into Russian paying attention to the meaning and function of the word ‘it’. 1. An argument which does not convince yourself may convince the judge; and if it does convince him, why, then, Sir, you are wrong and he is right! 2. A lawyer must not make up a fictional defence for a client out of his own head, or defend someone who tells him that he has committed the crime and is guilty of it. 3. In a criminal trialit is the duty of the prosecution to disclose to the defence anything in their possession which may assist the defence. 4. If a person accused of crime admits it to his lawyer, the lawyer does then know he is guilty, and he must advise him to plead guilty. 5. Each of these rules is an outstanding example of a situation where the development of the law is almost entirely due to the tireless work of lawyers who have believed that defendants have suffered injustice, and who have dedicated themselves to provingit. 6. Legal aid may also be granted in some civil cases, though it is a matter of great concern that the scope of legal aid to fund civil litigation has been considerably reduced. 7. In 1999, a new scheme was launched by the College of Law, the largest training institution for lawyers in the country. It is sponsored by a number of large firms of solicitors. 8. A judge would not wish them to break any understanding of confidentiality, but if he considersit essential in the interests of justice he will order them to do so. 9. This old law was changed, but the change is a very limited one. The court made it clear that just because a client was dissatisfied with his lawyer, this would not give him the right to sue. 10. It seems obviously right that if a doctor gives a wrong type of treatment, the patient should be able to claim compensation. Speaking Exercises I. Say whether the following statements are true or false. Explain why. 1. The legal profession has always been popular. 2. Anyone who is charged with a crime and who denies being involved in it can’t have a fair trial. 3. Just as judges are expected to be independent, so too are members of the legal profession. 4. Legal aid scheme introduced in 1948 provides many lawyers with their main source of income. 5. The problem of being sued for ‘professional negligence’ is one that greatly embarrasses professional men and women. |