Law and order (стр. 1 из 5)
LAW AND ORDER
The present British legal system forms the basis of the Judiciary –
the third branch of the government – and comprises three separate systems – that for England and Wales, that for Scotland and that for Northern Ireland. They differ somewhat from each other in terms of procedure, courts and the legal professions. Generally, however, Scottish and Northern Irish laws are in line with those of England and Wales, and the majority of Westminster legislation is applicable to Britain as a whole. Thus, here we shall be mainly concerned with the common legal system in England and Wales, the English part of which has evolved over many centuries.
Sources of Law
The first thing to notice is that there is no civil code and no criminal code in England. The law as a whole consists partly of statutes, or Acts of Parliament, and partly of common law. Common law was originally based on medieval customs and conventions and established by the Norman kings.
As Britain developed its trading power, mercantile and other forms of commercial law emerged. Later changes, such as population growth and increasing social and economic complexity necessitated more courts and their further specialization.
It has recently become customary to single out three main sources of contemporary English law: statute law, common law and European law.
Statutes (largely relating to criminal justice), which have been created by Acts of Parliament after the usual passing of bills through Parliament and the Royal Assent, are the ultimate source of law. There are no legal limits on what may be done by Acts of Parliament: Parliament as the supreme legislative body creates new laws, it can repeal an Act, wholly or partly, replacing it with new provisions. Some Acts create a new law, while others consolidate the law by drawing together existing law on a given topic. Acts of Parliament are supreme over all other forms of law except for some European Union law.
Common law (unwritten law or case law), the ancient law of the land, is the outcome of the past decisions and practices based upon custom and reason. These successive court decisions built up over the years formed precedents from which later judges could deduce the basic principles that were to be applied to new cases. The doctrine of precedent is strong in English law, and means that the decisions of higher courts bind the judges of lower courts, who are obliged to follow it.
TASK 1. Answer the following questions.
1. What does the law consist of in England?
2. What is the origin of Common Law?
3. What is Common Law?
4. What necessitated more courts?
5. What are three main sources of contemporary English law?
6. What is the doctrine of precedent?
TASK 2. Read the text and make a synopsis of it in English.
В Соединенном Королевстве Великобритании и Северной Ирландии наряду с английским правом, действующим в Англии и Уэльсе, функционирует как совершенно самостоятельная система право Шотландии. Известными особенностями отличается и английское право, действующее в Северной Ирландии.
Основными источниками английского права являются судебные прецеденты, т.е. решения высших судов, имеющие обязательную силу для них самих и нижестоящих судов, статуты – законодательные акты британского парламента и, наконец, издаваемые исполнительными органами акты так называемого делегированного законодательства. В свою очередь, в системе судебных прецедентов различаются нормы общего права, которое начало формироваться еще в XI в. И ныне играет самостоятельную роль, либо дополняет законодательство в самых различных отраслях правового регулирования, и нормы так называемого права справедливости.
TASK 3. Complete the following sentences.
1. The third branch of the British government is ……….
2. The Judiciary comprises three ……….
3. Common Law was originally based on……….
4. The precedent is ……….
TASK 4. What words are given definitions to? Choose them from the list below.
- the body of rules with authority to govern the actions and relations of people in an organized political community or among States
- a collective term for all judges: in the UK, the Sovereign is head of the…
- a person with authority to hear and decide disputes brought before a court for decision
- all or part of a country’s written law, statute law; also the process of making written law
legislation; law; judge; judiciary
European Community law has become the latest element in English law because of Britain’s membership in the EU since 1973. It derives from the EC treaties, from the Community legislation adopted under such treaties, and from the decisions of the European Court of Justice. That court has the ultimate authority to decide points of Common Law.
Who’s who in the law?
If you are prosecuted for a crime in Britain, you may meet the following people during your process through courts:
Magistrates
Magistrates are unpaid judges, usually chosen from well-respected people in the local community. They are not legally qualified. They are guided on points of law by an official, the clerk. There are magistrates’ courts in most towns.
Solicitors
After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid – financial help from the state.
Barristers
In more serious cases, or where there are special legal difficulties, it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister, who represents the state. Legal Aid is available to pay for defence barristers.
Jurors
A jury consists of twelve men and women from the local community. They sit in the Crown court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain a person is innocent unless found guilty: the prosecution has the burden of establishing guilt.
Judges
Judges are trained lawyers, nearly always ex-barristers, who sit in the Crown court (and appeal courts). The judge rules on points of law, and makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused – that is the jury’s job. However, if the jury finds the accused guilty, then the judge will pass sentence.
What do solicitors do?
There are solicitors’ offices in every town of England and Wales. They are the first point of contact for the public when looking for legal advice, including work often performed by notaries in other countries, for instance, transfer of real property, drawing up contracts, and handling successions.
Solicitors in general practice serve the local community, solving the legal problems of the public. They are not, however, tied to any particular court: a solicitor can act throughout England and Wales.
The formalities involved in real property transfer and succession form a significant share of the work of solicitors in general practice. Solicitors also pursue claims arising from personal injuries, or may be called upon to advise or plead in court on their client’s behalf in criminal cases. Family law is a significant area of work: solicitors often appear as advocates in matrimonial cases. They make wills and administer estates of people who have died.
Solicitors advise businesses on such issues as employment, contracts, company formations and competition policy.
Vocabulary
to look for (legal advice) – to try to find; to expect
notary – an official authorized to certify or attest documents
to notarise – to certify or attest the documents as a notary
transfers of property – making over property to another person
to pursue claims – to assert the client’s rights to smth
personal injury – damage done to a person’s body
matrimonial cases – cases concerning marriage or married people
will – a legal document directing the disposal of one’s property after death
to administer estates – to administer property, possessions
issue – a point under dispute
competition policy – rivalry, argue
mortgage – a special type of loan
Training of solicitors
The training of solicitors is stringent. Most solicitors are law graduates, although some are qualified in other disciplines, which the Law Society considers equivalent in academic rigour. Those who have graduated in other subjects are obliged to take the Common ProfessionalExamination (CPE), a one year conversion course at Law school or at one of the universities which aims to instill in them the principles of law. Here they will study the 6 core elements of English law, namely: contract law, land law, criminal law, tort, trust law, and constitutional law.
Both law graduates and CPE finalists must complete a further course equivalent to a year’s full-time study, the Law Society’s Legal Practice Course (LPC). At the end of the year students must pass examinations in 4 compulsory substantive law subjects.
Having passed the Law Society’s final examinations, prospective solicitors enter a two-year training period with firms of solicitors, gaining practical experience in variety of areas of law. The training of solicitors is supervised at all stages by the Law Society. The system is designed to ensure that a trainee receives a broad education in all aspects of practice.
REVISION
TASK 1. Answer the following question and discuss them in small groups.
1. What education do most solicitors have?
2. What is the difference in training of law graduates and those qualified in other subjects?
3. What is the aim of one-year course for graduates in other subjects?
4. Who are the Law Society’s final examinations meant for?
5. What aspects of solicitors’ practice does a further one year course emphasize?
6. What is the aim of two-year training period with firms of solicitors?
TASK 2. Read the text and render it in English.
Образование и профессиональная подготовка
Кандидат, желающий стать солиситором, прежде всего должен стать студентом в Обществе солиситоров. Обычно кандидат, который желает стать солиситором, должен иметь диплом в области права от юридического факультета университета или политехнического института, что освобождает его от общего профессионального экзамена, являющимся обязательным в случае кандидатов, не имеющих юридического образования.
Профессиональное обучение включает однолетний курс для подготовки к окончательному экзамену, после чего следует период практики в конторе практикующего солиситора, и этот период продолжает 2 года в случае студента имеющего юридическое образование и 5 лет для студента, не имеющего такого образования.
Весь процесс обучения студента-юриста занимает 6 лет: три года в университете, один год в юридической школе Общества и два года в качестве ученика в конторе солиситора. Для не имеющего степени студента подготовка занимает 7 лет, что включает подготовку для прохождения общего профессионального экзамена.
Barristers – who are they?
There are 9,000 practising barristers in England and Wales. Barristers are legal consultants offering special services, in particular as advocates or advisors in matters involving litigation. They are known collectively as the bar.
Although most advocacy is undertaken by solicitors, barristers are often instructed to conduct a case because of their expertise and experience in pleading before the courts. Formerly only barristers were allowed to appear as advocates in some courts, but recent legislation has removed this monopoly and solicitors are now acquiring rights of audience in the higher as well as lower courts. Solicitors often seek the advice of barristers even when no appearance in court is anticipated, due to their detailed knowledge of case law.
Practising barristers are all self-employed, although they share offices, which are called chambers. Due to the nature of barristers’ work the chambers are only to be found near to the major courts. In general, a barrister has no direct contact with the client, only through the instructing solicitor. The solicitor will choose the barrister best suited to the needs of the client. Barristers can, however, accept instructions directly from foreign lawyers or clients, if no litigation before an English court is in progress or anticipated (in which case a barrister will only accept instructions from a solicitor). To instruct a barrister a client should contact the barrister’s clerk, who acts as manager for a set of chambers.
Within the ranks of barristers there is a further division between Queen’s (or King’s) Counsel and junior counsel. The former, also known as “silks” because of the material of their robes, comprise roughly 10% of all barristers. They are chosen by the Lord Chancellor, the nation’s highest legal official, for their legal ability and their reputation. The establishment of the reputation usually takes 15 or 20 years. This designation permits to add the letters QC after the name.
The Queen’s Counsels not only argue the most important cases, sometimes assisted by junior counsel, but also form the pool from which British judges are selected.
TASK 1. Answer the following questions.
1. Is the size of the barristers’ profession large in comparison with that of solicitors?
2. What kinds of services do barristers offer?
3. Do most barristers work privately or are they employed?
4. What are the rules of hiring barristers?
5. What are Queen’s counsels? How many barristers become QC?
Training of Barristers. Inns of Court.
The training of barristers is supervised by the four Inns of Court – Gray’ Inn, Lincoln’s Inn, theMiddle Temple and the Inner Temple. The Inns of Court are institutions which for centuries have had a special place in the English legal structure. The proper title of each Inn is ‘The Honourable Society of…’. They are voluntary societies, bound by the same rules and founded upon similar constitutions.