Тема практического занятия 11,12: Legal professions

Задания: Read the text, be sure that you know all the words and expressions, be ready to discuss it.

A lawyer is a person learned in the law. A lawyer, also known as an attorney, a counselor, a solicitor, a barrister or an advocate, is an individual licensed by the state to engage in the practice of law and advise clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients.

The role of the lawyer varies significantly across legal jurisdictions, and therefore can be treated in only the most general terms. Lawyers’ roles vary greatly, depending upon their practice environment and field of specialization.

In most countries there is only one legal profession. This means that all the lawyers have roughly the same professional education leading to the same legal qualifications, and they are permitted to do all the legal work.

In England the system is different. Here the profession is divided into two types of lawyers, called solicitors and barristers. Solicitors and barristers are both qualified lawyers, but they have different legal training; they take different examinations to qualify; and once they have qualified, they usually do different types of legal work.

Many solicitors deal with a range of legal work: preparing cases to be tried in the civil or criminal courts; giving legal advice in the field of business and drawing up contracts; making all the legal arrangements for the buying and selling of land or houses; assisting employees and employers; making wills.

Barristers are mainly “courtroom lawyers” who actually conduct cases in court. Unlike solicitors, they have rights of audience (rights to appear) in any court of the land, and so barristers are those lawyers who appear in the more difficult cases in the higher courts.

The educational requirements to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college. Law students in those countries pursue a Bachelor (LLB) or a Master (LLM) of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Besides it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes. In other countries, particularly the United States, law is primarily taught at law schools. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and some in Canada and elsewhere) award graduating students a J.D. (Jurist Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. However, like other professional doctorates, the J.D. is not the exact equivalent of the Doctor of Philosophy (Ph.D.), a university degree of the highest level, since it does not require the submission of a full dissertation based on original research.

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. Many others have only lectures on highly abstract legal doctrines, which force young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job).

In most common law countries lawyers have many options over the course of their careers. Besides private practice, they can always aspire to becoming a prosecutor, government counsel, corporate in-house counsel, judge, arbitrator, law professor, or politician.

In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained.

Тема СРСП 11, 12:

Задания: Translate the expressions:

1. To the rest of the world the English legal profession is very strange because historically there were two types of lawyers: barristers and solicitors.

2. Every legal system has many shortcomings.

3. Criminal charges and divorce are normally seen as matters needing legal help and advice.

4. Not every accident victim has a legal remedy. Some accidents are nobody’s fault.

Форма отчетности: письменно

Задания на СРС11, 12: Translate the expressions

1. There is a large information gap in people’s awareness of their legal rights.

2. Such legal knowledge as people had came largely from newspapers and television.

3. The new Community Legal Service aims to provide legal information as well as legal advice and representation.

4. Newspapers regularly carry frightening stories about losers in legal actions who face bills of tens of thousands of pounds.

5. Legal costs of the lowest income group are paid by the state.

6. Legal aid is usually granted as long as financial test is satisfied.

Форма отчетности: письменно

Основная литература:

1. Антюхина-Московченко В.И., Злобин А.А., Хрусталев М.А. Основы теории международных отношений. – М., 1988.

2. Гаджиев К.С. Введение в геополитику. Учебник для вузов. – М.: Логос, 2000. – 432 с.

3. Дмитриев А.А. Конфликтология. Учебное пособие. – М.: Гардарики, 2003. – 320 с.

4. Загорский А.В., Лебедева М.М. Теория и методология анализа международных переговоров. Учебное пособие. – М., Изд-во МГИМО, 1989. – 106 с.

5. Лебедева М.М. Мировая политика. Учебник для вузов.– М.: Аспект-Пресс, 2003. – 351 с.

6. Мангейм Дж.Б., Рич Р.К. Политология. Методы исследования. – М.: Весь мир, 1997. – 342с.

7. Медведев Н.П. Политическая регионалистика. Учебник. – М.: Гардарики, 2002. – 175 с.

8. Международные отношения: социологические подходы. / Под ред. Проф. П.А.Цыганкова. – М.: Гардарика, 1998. – 352 с.

9. Новиков Г.Н. Теории международных отношений. Учебное пособие.- Иркутск: ИГУ, Центр исследований ИГУ, 1996. – 297 с.

10. Панарин А.С. Политология. Учебное пособие. – М.: Гардарики, 2002. – 480 с.

11. Теория международных отношений на рубеже столетий: Хрестоматия / Сост., науч. Ред. И коммент. П.А.Цыганкова. – М.: Гардарики, 2002. – 400 с.

Неделя 7.

Тема практического занятия №13, 14: KINDS OF LAW

Задания: Read the text, be sure that you know all the words and expressions, be ready to discuss it.

One important distinction made in all countries is between private (or civil) law and public law. Civil law concerns disputes among citizens within a country and public law concerns disputes between citizens and the state, or between one state and another.

The main categories of English civil law are:

Contracts: binding agreements between people (or companies); Torts: wrongs committed by one individual against another individual’s person, property, or reputation; Trusts: arrangements whereby a person administers property for another

person’s benefit rather than his own; Probate: arrangements for dealing with property after the owner’s death; Family law: rights and duties of members of a family.

The main categories of public law are:

Crimes: wrongs which, even when committed against an individual are considered to harm the well-being of society in general; Constitutional Law: regulation of how the law itself operates and of the relation between private citizen and government; International Law: regulation of relations between governments and also between private citizens of one country and those of another.

In codified systems there are codes that correspond to these categories, for example, France’s Code Civil and Code Penal. Justinian’s Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. Consequently, most Continental criminal

codes are entirely modern inventions. Each country in the world, even each state of the United States, has its own system of law. However it is generally true to say that there are two main traditions of law in the world. One is based on English Common Law,

and has been adopted by many Commonwealth countries and most of the United States. Common Law is a legal system based on traditions, customs and precedents of immemorial antiquity or on the previous judgments and decrees of the courts.

Equitable Law is a part of English Common Law and it deals with the cases which are out of common law field. In general sense equity means fairness, and when petitions from persons are unable to obtain justice in the common law courts they can be sent to the Court of Chancery, as its special field is equity. Therefore Equitable law is a kind of supplement to the Common Law, making the English legal system more complete

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