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Judicial Profession in England



Words and expressions

1. two main classes of lawyers

2. barristers

3. solicitors

4. legal business

5. to conduct the case

6. legal corporation

7. wigs and gowns

 

 

8. types of legal professions

9. jury

10. coroner

11. evidence

12. guilty or innocent

13. to conduct the proceeding

14. to put questions to the parties

15. unpaid


 

 

Lawyer is a person who has become officially qualified to act in certain legal matters because of examinations he has taken and professional experience he has hained. Different groups of lawyers take aparticular kind of examination in order to qualify to do particular jobs.

The legal profession is one of the most prestigious and well paid in Britain.

There are two main classes of lawyers in England – barristers and solicitors.

Solicitor takes legal business for ordinary people, gives advice to non-professional clients and prepares all the necessary documents for the barrister. There are about 50 000 solicitors and their number is increasing.

Barrister (professional advocates) conducts the case in the higher courts. He must pass the special legal exams and become a member of a legal corporation called “Inn of Court”. There are about 5 000 barristers. In court they wear wigs and gowns. The highest levels of barristers have the title QC (Queen’s Counsel).

There are other types of legal specialists in the UK: judges, magistrates, coroners, jury, and clerks of the court.

All serious crimes are tried in a court before a jury. Most men and women between the ages of 21 and 60 can be jurors. Usually jury consist of 12 people. They listen to the evidence in court and decide whether the defendant is guilty or innocent.

Judges are appointed from the barristers. There is no separate training for judges. Their functions are: to conduct the proceedings, put questions to the parties and witnesses, examine the documents and evidence, to pass the sentence.

Magistrates or Justices of the Peace judge cases in the lower courts. They are usually unpaid, have no legal qualifications.

Coroners have medical or legal training; they deal with unnatural deaths.

Clerks of the court look after administrative and legal matters in the courtroom.

 

The Judicial System of the Republic of Belarus. Legal Professions in Belarus.

Words and expressions


1. to resolve disputes

2. People’s assessors

3. district

12. regional

13. chairman

14. on the consent of...


4. courts of first and second instances 15. legal adviser

5. o pronounce verdicts 6. courts of cassation 7. participate in drawing up 8. concluded (with) 9. counsel for the defence 10. public prosecutor 11. investigator 16. to be incorporated 17. all our citizens are equal before the law 18. the defendants are guaranteed the right to defence

 

Belorussian courts are judicial organs of government, which resolve disputes of civil and criminal cases on the territory of Belarus. The Constitution of Belarus (Articles 151-161) provides the system of election of judges and People’s assessors and the collective order of trying criminal and civil cases in courts.

In general the court system is divided into 3 stages – district (municipal) People’s courts, regional courts and Minsk city court and the highest one –

the Supreme Court of the Republic of Belarus. It is the highest appellate court in our country. It is headed by the Chairman who is appointed by the President on the consent of the Counsel of the Republic.

Criminal and civil courts are distinguished as courts of first and second instances. Courts of first instance pronounce verdicts in criminal cases and pass judgement in civil cases after trial.

Courts of second instance are courts of cassation and can control the legality and justification of verdicts or judgement pronounced by courts of first instance.

In national economy lawyers are entrusted the control on the legality of orders and instructions issued by governing body: they participate in drawing up different agreements and contracts, which are concluded with other enterprises; lawyers also inform workers on the current legislation and give help in legal matters, conduct their cases in courts. So you may work as a judge, an advocate, a counsel for the defence, public prosecutor, procurator, notary, investigator, and legal adviser.

In addition to this professional group there are non-professional legal counsellors who give advice on various legal problems and are often employed by business firms.

All lawyers in our country are incorporated either in the national or regional bar. Members of the bar work at legal advisory offices, which function in every town administrative district.

All our citizens are equal before the law. Judges are elected for a term of 5 years. Not only professional lawyers but also the representatives of the population hear all criminal and civil cases having equal authority.

The defendants are guaranteed the right to defence. Proceedings of all courts are open. All people before the court are presumed innocent, until the court, having observed all procedural guarantees, finds them guilty. Only then is the sentence pronounced. An appeal can be made against the ruling to a higher court, right up to the Supreme Court.


Crime and Punishment.

Words and expressions

 

1. definition 2. a matter of difficulty 3. is punishable by the State 4. a violation of the public rights 5. breaches of law 6. occur 7. involves guilty conduct and guilty intention 8. particularly grave offences 9. deprivation of liberty 10. death sentence 11. majority 12. corrective labour

 

The definition of a “crime” has always been a matter of difficulty and no really satisfactory definition of a “crime” has yet been evolved. You may say that “crime” is a violation of the public rights and duties, which is punishable by the State. But a distinction must be drawn between breaches of law which are crimes and those which are merely illegal without being criminal.

Besides, there are some acts, which are crimes in our country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not in the Netherlands. However, there are quite a lot of agreements among states as to which acts are criminal.

No one knows why crime occurs. Since the 18th century various scientific theories have been advanced to explain crime. But since the mid-20th century, the notion that crime can be explained by any single theory has fallen into disfavour among investigators. They explain it by so-called multiple factor, which includes biological, psychological, cultural, economic and political reasons.

As a general rule “crime” involves guilty conduct (actus Reus) and guilty intention (mens Rea).

Treason, sabotage, banditry, desertion at a time of war, armed robbery, premeditated murder, rape under aggravating circumstances and certain other singularly dangerous social crimes are qualified as particularly grave offences. In such an event deprivation of liberty of up to 15 years may be applied or the death sentence which is regarded as an exceptional measure. (The death penalty was abolished in Britain in 1969.)

The purpose of punishment is to reform the offender and to rehabilitate him, on the other hand when punish, we warn other people of what will happen if they break the law.

Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is now possible only for certain types of atrocious murders and treason. It is never applied in respect to persons under 18. The majority of criminal sanctions are confined to short terms of deprivation of liberty and penalties not involving deprivation of liberty: corrective labour and public censure.

 

 


Criminal and civil procedures are different.

Criminal actions are nearly always started by the state. Civil actions are started by individuals. The party brining a criminal action is called the prosecution, but the party brnging a civil action is called the plaintiff. In both kinds of action the other party is known as the defendant.

 

Types of punishment: community service, fixed penalty fine, suspended sentence, short-term imprisonment, probation, long-term imprisonment, capital punishment, life imprisonment, disciplinary training in a detention centre.

 

Types of crime: murder, shoplifting, rape, manslaughter, fraud, selling drugs, drinking and driving, robbery, possession of a gun without a licence, fight in a club, treason, theft, arson, pickpocketing, terrorism, blackmail, mugging, smuggling, bribery, burglary, hijacking, kidnapping, trespass


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