Упражнение 3 Answer the following questions:

1. What countries are part of the civil law system? - Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system.

2. What are the roots of the civil law system? - The civil law system has its roots in ancient Roman law, updated in the 6th century A.D. by the Emperor Justinian and adapted in later times by French and German jurists.

3. What does common law system consist of? - It is often said that the common law system consists of unwritten "judge-made" law.

4. What are the peculiarities of the law system in the United States? - Much law in the American common law system has been created by judicial decisions. In the United States, written law includes constitutions (both federal and state) as well as enactments by Congress and state legislatures. In addition, at both the federal and state levels, much law has in fact been codified. At the federal level, for example, there is an internal revenue code. State legislatures have adopted uniform codes in such areas as penal and commercial law. There are also uniform rules of civil and criminal procedure which, although typically adopted by the highest courts of the federal and state systems, are ultimately ratified by the legislatures. Judicial decisions interpreting constitutions and legislative enactments also become sources of the law themselves.

 

5. What is the concept of precedent? -   That means judicial decisions do have the force of law and must be respected by the public, by lawyers and of course, by the courts themselves

Упражнение 4 a) Decide which statements are true or false.

STATEMENT	TRUE	FALSE
1. The United States belong to the common law system.	+
2. The common law system began developing in England almost a century ago.		+
3. Common law system consists of written codes.		+
4. Not all law in civil law countries is codified.	+
5. In common law and in civil law countries judicial decisions have the force of law.		+

b) Correct the false statements from a) and write down the correct version.

2. The common law system began developing in England almost a century ago. - The common law system began developing in England almost a millennium ago.

3. Common law system consists of written codes. - Common law system consists of judicial precedents.

5. In common law and in civil law countries judicial decisions have the force of law. –Only in  common law countries judicial decisions have the force of law.

 

TEXT 3

Упражнение 1 Read the text about legal education and say whether legal education in Russia is more similar to the UK or the US model. (I think legal education in Russia is more similar to the USA, because it comprises 4 years of undergraduate study to obtain a bachelor degree and then 2 years to get master’s degree)

LEGAL EDUCATION

Legal Education Around the World

Different countries around the world all have their own systems for preparing lawyers, but lawyers everywhere have to study formally (typically at a university or law school) before undertaking some sort of work experience, which involves shadowing fully qualified lawyers.

Studying law in the UK

 In the UK, a legal education usually begins with the completion of a bachelor degree in law, known as an LLB, which usually takes 3 years.

In the subsequent vocational stage, a person who wishes to become a barrister joins one of the Inns of Court before beginning the Bar Vocational Course. The completion of this stage is marked by a ceremony referred to as the call to the Bar.

A third stage, known as pupilage, is a year-long apprenticeship, usually at a set of barristers’ chambers, which customarily consists of groups of 20- 60 barristers.

Similarly, a person wishing to become a solicitor, must also complete 3 stages: the first stage involves gaining a law degree; the second stage requires a one-year Legal Practice Course (LPC); and the final stage entails 35 working for 2 years as a trainee solicitor with a firm of solicitors or in the legal department of a local authority or large company.

Studying law in the USA

In the USA, a legal education comprises 4 years of undergraduate study to obtain a bachelor degree, which is followed by 3 years of law school. A law school graduate receives the degree of Juris Doctor (J.D.). In order to qualify as a lawyer, a law school graduate must pass the bar examination.

Some students may return to school later to pursue a Master of Laws degree (LLM) in a particular subject, such as international law, intellectual property law, or tax law. There are other advanced law degrees: Doctor of Juridical Science or Doctor of Judicial Science (J.S.D. or S.J.D.).

The Bar

In English-speaking countries, the Bar is a term for the legal profession itself, while a bar association is the association which regulates the profession. A person who qualifies to practice law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him or her unable to practice law.

ПРАВОВОЕ ОБРАЗОВАНИЕ

Юридическое образование во всем мире

В разных странах мира существуют свои собственные системы подготовки юристов, но юристы во всем мире должны формально учиться (как правило, в университете или юридической школе), прежде чем приобретать какой-либо опыт работы, который включает слежку за полностью квалифицированными юристами.