B. Solicitors and Barristers

TASK 1 Before listening to thq Jape, read the following text

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^v 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.*^ *'i«

If а рег«Ш1 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

^ ^xi solicitors in Britain, and the number is increasing

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Many problems are delalt with exclusively by a solicitor. 'For'instance, 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 {ц Court for you.

In a civH action he can speak in the County Court, when the case is one of divorce or recovering some deMs. In the County Court the solicitor wears a black gown over his ordinary clothes.

A ^olicitor 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 or» 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 solicitors a " clerk" and works for him whilst studying part time for the " Law Sdciery" 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

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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, r if you desire" representation in any Court except* me Magistrates' Court, you must have a barrister, with one or two exceptions.

Barristers are rather remote figures. If you need one, for irisbnc'e, you never see him without your solicitor being with him. Barristers do not have public offices in any street They work in „wfyat 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. 71» To qualify as a barrister you have to take the examinations of the Bar

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Council. These are different from solicitors' examinations. There are pver f 5, 000 barristers in England. A good one can earn 30, 000 pounds a year.¹ Only " *" barristers can become judges in an English Court above a Magistrates' Court.

*Barristers are also found in South Africa and New South Wales (Australia)

TASK 2. 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?

7. How do you qualify as a barrister?

TASK 3. Read the following text and answer the questions

One of the most important figures in the British legal system is the solicitor.i-It is his job to advise you on legal matters of all kinds. If you get into 'trouble with the police you will probably ask a solicitor to help prepare your defence and, if the offence is to be heard in a Magistrates' Court, you can ask a solicitor to appear for you and argue your case. If the case goes to a higher Court, the solicitor still advises you, but you must get a barrister to appear for you. _}, ^ _ltl, v *л

On this tape a young solicitor discussed his experience: the reasons for theft, crimes of violence and how he feels when he knows the man he is

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defending is guilty. He gives his reason for defending someone in these circumstances.

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1. What are the two main jobs of a solicitor?

2. What does the young solicitor talk about on the tape?

TASK 4. Listen to Part 1 of the tape. /

The solicitor says why he thinks thefts occur and then gives his views on violence.

TASK 5 Match each word or expression on the left with the correct definition on the right.

a) motive

b) there's a patte)(h of...

c) we'll do that house

d) broken homes

TASK 6. Answer the questions.

1. the same thing occurs again and

^a§^ain

2. families in which either the father or mother has left

3.reason

4. we'll rob this house

1. What is the strongest motive for theft?

2. What pattern often occurs in lives of people involved in theft?

3. What house do robbers usually choose?

4. What background do robbers most often come from?

TASK 7. Listen to Part 2 of the tape.

The solicitor describes a case of a violent crime he has had to defend.

TASK 8. Explain the meaning of the following words and expressions.

a) fair degree of seriousness (of a crime);

b) to chase sb.;

c) to assault sb.

TASK 9. Answer the questions.

1. After what event in his life did the man become a criminal?

2. Why couldn't the man keep any job for very long?

3. How serious was the crime that this man committed?

4. Where did the crime occur?

5. Where was the elderly man sitting when the criminal beat him? Why did the criminal beat him?

6. What information did the solicitor obtain about his defendant (before starting to work on the case)?

TASK 10 Listen to Part 3 of the tape

The solicitor explains why he defends people who admit they are guilty. Then he gives an example.

TASK 11. Match each word or expression on the left with the correct definition on the right.

a) witness

b) crosis-examme

c) witness box

d) evidence

e) defence

f) allege

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1. everything witnesses say in court: facts, etc.

2. where witnesses stand in court.

3. someone who sees a crime or an accident

4. ask all witnesses involved in a case questions

5. to say something happened though the fact hasn't been proved yet

6. all the evidence, facts, things, etc. that a solicitor can use to prove a man is not guilty.

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TASK 12. Answer the questions.

1. What reputation does the solicitor's firm have?

2. Why does the solicitor defend people he knows are guilty?

3. Describe what he has been told in the case he has at the moment.

4. What will his client do in court?

5. What exactly will the solicitor do? What will he ask questions about?

6. How does the solicitor feel about what he has to do?

*' TASK 13. Discuss the following.

1. Are you satisfied with the solicitor's reasons for defending guilty people? Say why you are or are not.

2. What would happen if solicitors refused to do their best for people they think or know are guilty?

C. Judges in Great Britain

TASK 1. Before listening to the tape, read the following text and answer the questions.

In Britain, the vast majority of judges J (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called " Magistrates", or " Justices of the Peace" (JPs). / They are ordinary citizens > ho are selected not because they have any legal training but^because they have " sound common sense" and understand their fellow^Kuman befogs. They give up time voluntarily.

A small proportion of judges are not

Magistrates. They are called " High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for гагяге than a year. High Court Judges, unlike Magistrates, are paid зашпезо^ the State and have eonsiderable legal training.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows, who is on the special committee in their area. The committee tries to*araw\lviagistrates from as wide a variety of professions and social classes as possible.,

i ^J On this tape, a Magistrate describes the sort of people who come before

him, gives examples of a few typical cases and finally talks about the difficulty of deciding between when to help a person and when to punish him.

1. What kind of people are Magistrates?

2. Why are they selected?

3. Who would judge a person who had committed a crime like murder?

4. Who selects Magistrates and what is 'unusual about'the system?

5. What does the Magistrate on the tape talk about?

TASK 2. Listen to Part 1 of the tape.

Magistrate talks about the sort of people who come before him.

TASK 3. Match each word or expression on the left with the correct definition on the right.

a) inadequate 1. the main impression

b) punishment 2. not to have enough sympathy

c) overwhelming impression 3. treat too softly d)insufficiently concerned with 4. inadequacies

e) shortcomings 5. the prison sentence or fine given to a

criminal

f) molly - coddle 6. used for people who somehow lack

the necessary intelligence or maturity to make a success of their lives TASK 4. Answer the questions.

1. What word does the Magistrate use to describe most of the people who come before him?

2. How, according to him, do they react to situations?

3. What does he think most of them need?

4. What sort of things does the public say about criminals?

5. What sort of people has the public sympathy for?

6. What sort of people has the public not enough sympathy for?

TASK 5. Work in pairs. Discuss the following.

" Criminals should be punished." How do you feel about that?

TASK 6. Listen to Part 2 of the tape.

The Magistrate describes a serious case he had recently, in which it was difficult to decide what to do.

TASK 7. Match each -word or expression on the left -with the correct definition on the right.

a) forgery

b) post office savings book

c) put on probation

d) old age pensioner

e) seriously in debt

f) a fine

1. punishment in the form of money you have to pay the Court

2. owing other people a lot of money

3. an old person receiving a pension (money from the State )

4. allowed to remain free but only under supervision

5. signing a check or some other document with another person's name

6. many people have a post office savings account. They put sums of money in the post office. When they want to take money out, they take this small book to the post office with them

TASK 8. Answer the questions.

1. What exactly had the woman done? Give details?

2. What do you learn about the woman herself?

3. He could have sent her to prison or fined her. Did he?

4. What finally happened to the woman?

5. What were the reasons for this?

TASK 9. Discuss the following.

Do you agree or disagree with what the Magistrate did? Give your reasons.

TASK 10. Combine the folio-wing pairs of sentences into one according to the model.

MODEL: We had a case. A woman stole a post office savings book. We had a case of a. woman -who stole a post office savings book.

a) We had a case. Someone attacked a man.

b) I remember having a case. Three men broke into a house.

c) I've never had a case. A man robbed a bank.

d) A colleague had a case. A young boy took a motor cycle.

TASK 11. Listen to part 3 of the tape.

The Magistrate describes two less serious cases. In both of them, it was easier to decide what to do.

TASK 12. Match each word or expression on the left with the definition on the right.

1. being found guilty of anything before

2. she had planned what she was going to do

3. something that makes you feel pity

4. to be mixed up, unclear about what you aredoing or what is happening

e) she had set out on a deliberate 5. to be accused by the police in court expedition

a) charged with

b) pathetic

c) confused

d) previous convictions

TASK 13. Answer the questions. ^r

1. The two women were both the same in one way. In what way?

2. How does the Magistrate describe the first woman?

3. What exactly does he say about " sleeping pills" in her case?

4. What did he with her and why?

5. What was different about the second woman?

6. What happened to her?

TASK 14 Discuss the following.

1. " There is no definite proof about the sleeping pills and the first woman. The Magistrate would have been right to send her to prison". Discuss it.

2. Why was it easier to decide what to do with the second woman? '

TASK 15. 1. Make the sentences containing reported questions according to the model.

MODEL: How many had she taken? Nobody knew. Nobody knew how many she'd taken.

a) How confused was she? It's difficult to say.

b) When had she last had a pill? We couldn't find out.

c) Where had she got the pills? The doctor didn't know.

d) How many things had she stolen? The police couldn't say.

e) How much were the things worth? Nobody asked.

2. Make sentences containing the ing-form according to the model.

MODEL: There was no question of confusion of mind.(fming her) There was no question of fining her.

a) sending her to prison

b) putting her on probation

c) being to soft

d) not punishing her somehow

e) not knowing what she was doing

TASK 16. Listen to part 4 of the tape.

The Magistrate says why he gives help in some cases and punishment in others.

TASK 17. Explain the meaning of the expressions.

a) to feel desperate;

b) on the other hand.

TASK 18. Answer the questions.

1. Why does the Magistrate feel desperate sometimes?

2. What does he have to consider when he sees that someone needs help?

3. What would happen if some people were left free?

4. What does he say would happen if people were never punished?

TASK 19. Discuss the following.

From what the Magistrate has said throughout the tape, do you think he is too " soft", too " hard" or what? Why?

TASK 20. 1. Make sentences containing reported questions according to the model.

MODEL: It depends. How anti-social has their action been? It depends how anti-social their action has been.

a) It depends. What did he do?

b) You must consider. How much has a man done?

c) It all depends. How many times has a criminal been in prison?

d) I always consider. What is his background?

e) It depends. How serious is the crime?

2. Make conditional sentences according to the model. MODEL: People must be punished. If people were not punished crime would increase. Discipline must be taught. If discipline weren't taught, crime would increase.

a) Things like this must be done.

b) The law must be enforced.

c) Fines must be given.

d) People must be sent to prison.

e) Magistrates must be firm.

TASK 21. Read the text and answer the questions.

The Innocent and the Guilty

Imagine, if you can, that you have been arrested for somethingjlike shoplifting, or for dangerous driving, or for getting drunk and causing " a disturbance of the peace". You are in a Magistrates Court now.

You, " the accused", are in a kind of large, open box. The sides come up almost to your chin. It is on a raised platform almost in the centre of the court and is called " the dock". You are " in the dock". There are three

Magistrates " on the bench" in front of you. At least one of them is, £ „woman. They are also on a raised platform, at desks, side by side. In frdnt of and below them there is another man. He is the " Clerk of the Court" and he, unlike them, is framed in the law and is paid for his work. During your case he will handle the administrative details and perhaps give advice to the Magistrates on legal points. „ /

The case begins. The policeman who arrested you gives evidence. He reads details from a small black notebook that he always carries. He tells the court when and why he arrested you, what you said, what he said, and so on. _tYour solicitor questions, or " cross-examines" hirrfoOne of the Magistrates speaking for all three, also asks questions.' Other witnesses appear. Perhaps you yourself say nothing at all. You do not have to speak in your defence. " Everyone is innocent urileVs proved guilty". In other words, you do not have to prove that you are innocent. The police have to prove you are guilty.

At the end the Magistrates probably do not even go out of the court. They discuss your case in low voices in front of you. You try to hear, but cannot. Then the Clerk of the Court tells you to stand> The Magistrate who has done the talking for the others tells you whether they have found you innocent or guiltv^He can sentence you to no more than six months in gaol for one offence, to a maximum of one year for two or more offences or to a fine of 400 pounds., i

" ^ДМоге serious cases are heard'in the Crown Court, -Avhere the Judge is always a legal expert and is also paid for his work. In the Crown Court you may, if you choose, be given a " trial by jury". Twelve ordinary people like yourself judge you. But the Judge himself always decides on the sentence.

Reporters for local newspapers often go to Magistrates' Courts; the next day articles appear in the paper and full names, ages, addresses and details of the case are given. Find such an article if you can from an English local newspaper. It will give you an idea of the kind of cases that can be tried in such a court.

1. What are the names of at least three offences (less serious than crimes) for which people are tried in a Magistrates' Court.

2. What exactly is meant by " the dock"?

3. If you are " in the dock", what and who do you see is front of you?

4. If you are the accused, describe what these people will do during your case.

a) the policeman who arrested you

b) your solicitor

c) one of the three Magistrates

d) the other two Magistrates

e) witnesses

5.In what way, with regard to framing and pay, is the Clerk of the Court different from the Magistrates?

6. What is the longest term a Magistrates' Court can sentence anyone to?

7. Where are more serious cases heard?

UnitV -t THE CeURT SYSTEM ФР THE USA

TASK 1. Examine the chart and read the text.

US Supreme Court Opinions

_Ut^ ^_______(Approximately 140 signed opinions)

Original jurisdiction

(Approximately 10 cases)

Request for review (Approximately 4200 petitions and ___ appeals) ___

From Federal Administrative Agencies___

US Courts of Appeals (36, 000 cases)

State Courts of Last

Resort (60, 000 cases)

State Intermediate Appellate

Courts (130, 000 cases)

US District Courts

(94 Courts) (280, 000 cases)

State Trial Courts (27, 000, 000 cases)

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