M-P MAGNIER

ENGLISH APPLIED TO LAW

1
 M-P MAGNIER

BECOMING A LAWYER

2
What's the best route into law? (1)
VOCABULARY:
There are many different ways to become a
lawyer, all of which have pros and cons. 1. Universitaire
Whether you aspire to be a solicitor or a 2. Se passionner pour
barrister, the most obvious first step is to apply 3. S’intéresser à *
for an undergraduate law degree. 4. Renoncer à (2)
5. Un étudiant de licence
But don't rush into it: are you genuinely 6. Pretender
interested in academic law? Or would you rather 7. Une note (2)
study something you're more passionate about? 8. Obtenir des résultats
9. Les résultats (scolaires)
If you've always dreamt of studying science, 10. Un stagiaire (2)
history, philosophy, or languages at university, 11. Examiner (dossiers de candidatures)
you don't have to give up on this. Law firms 12. Debaucher qqn (2)
don't discriminate against people who haven't
studied law as undergraduates. In fact, many
heartily welcome trainees with non-law degrees.
QUESTIONS:
Some Law firms claim that around half of their
trainees don't have law degrees. Slaughter and 1. How different from France are law ae the
May claims to employ solicitors who studied 126 studies to become a lawyer in Britain?
different degree courses, including history,
biology, languages, psychology and chemistry. 2. In Britain can you work in a law firm if
you don’t have a law degree?
"The practical application of law and what we do 3. Why?
day-to-day isn't necessarily reflected in the
academic study of it," he says. "Trainees here 4. What are the assets of a non-law degree
would say that after a short period you probably applicant over a law degree applicant for
can't tell who was a undergraduate law student a British law firm?
and who wasn't."
5. What is most important for British
More important than your degree subject are recruiters in a law firm?
your grades.

"Firms look closely at how you've performed in

each module of your undergraduate degree," says
Elizabeth Cope, head of trainee recruitment at
Freshfields Bruckhaus Deringer.

"So it's better to get high marks in a subject you

enjoy than lower marks in something you're not
interested in."

Linklaters also say they only look at a

candidate's grades, not what they studied, when
screening applications. And Clifford Chance say
they are keen to hire the most talented
individuals, regardless of their background and
what they've studied.

3
What's the best route into law (2)
"Non-law graduates bring a different perspective
to law," says Peter Crisp, chief executive and
dean of BPP Law School.
"In certain areas having a science background is
hugely helpful, such as intellectual property and
patent work, because the nature of the work is
particularly complex."
"You get the best of both worlds if you do the
GDL," says Crisp. "Students come to the course
with graduate skills, so they know how to study,
which is what allows us to teach all seven
modules in one year in such an intensive way."
However, if you don't have a law degree it takes
a year longer to qualify, as you'll need to
complete the graduate diploma in law (GDL).
On top of this, after passing the GDL, would-be
lawyers must take the Legal Practice Course
(LPC) or the Bar Professional Training Course
(BPTC), depending on whether you want to
become a solicitor or barrister.
The GDL can cost up to around £10,000 for UK
students depending on where you study. Fees
may be covered by your future employer if you
are lucky enough to secure a training contract or
a pupillage in advance.
But if you don't, it can be an expensive and risky
investment. Non-law students can only apply for
training contracts in their final year of university,
whereas law students can apply in their
penultimate year.
Opting for law as an undergraduate is the
quickest and cheapest way of becoming a lawyer
and it arguably offers a more in-depth
knowledge of some aspects of law.
You're also more likely to know whether you
enjoy the study and practice of law if you study
it at university. Plus an undergraduate law degree
can be valuable in itself, even if you don't plan to
pursue it as a career.
"It's rigorous, analytical and involves problem-
solving, as well as other skills you need for
business, life and jobs," says Imogen Burton,
director of business development at The
University of Law.
An undergraduate law degree can also show that
you're a hard worker who can manage their time.
Sixth formers who are unsure about the career
they want to pursue, therefore, shouldn't dismiss
studying law at undergraduate level. It's a good
idea to get some work experience – such as a
short placement in a law firm, or shadowing a
barrister at the bar – before opting to study it.
VOCABULARY:
1. Un doyen de faculté
2. Un bagage scientifique
3. Un brevet
4. Des compétences
5. Obtenir un diplôme (2)
6. Les futurs avocats
7. Le barreau
8. Faire acte de candidature
9. Choisir(2)
10. Des connaissances approfondies
11. Précieux
12. Écarter (fig.)
13. Un stage
14.Faire un stage d’observation
QUESTIONS:
1. What is the asset of non-law graduates?
2. What is the point of studying science if
you want to become a lawyer?
3. How can non-law graduate acquire legal
knowledge?
4. What exam must would-be lawyers pass
after qualifying in law?
5. Is the route very different for solicitors
and barristers?
6. What are the arguments in favour of
taking a law degree frist to become a
lawyer?
7. What are the qualities involved to
become a law graduate?
4
5
HARD SKILLS DEFINED

Hard skills are part of the skill set that is required for a job. They include the expertise necessary for an individual
to successfully do the job. They are job-specific and are typically listed in job postings and job descriptions.

Hard skills are acquired through formal education and training programs, including college, apprenticeships,
short-term training classes, online courses, certification programs, as well as by on-the-job training.

SOFT SKILLS DEFINED

Employers also seek applicants with good soft skills. These are the interpersonal skills that enable you to succeed
in the workplace. You’ll often hear these referred to as “people” skills, and while they’re absolutely necessary for
success on the job, they’re harder to quantify and less often taught formally in schools and vocational programs.

6
Top Soft Skills Employers Want
Here are the top seven most important soft skills to have for both interviewing and in the workplace:

1. Acting as a team player – this means not only being cooperative, but also displaying strong leadership
skills when necessary.

2. Flexibility – this is an extremely valuable asset to employees. Those who can adapt to any situation are
dependable no matter what's thrown at them.
3. Effective communication – this is paramount to almost any job. Communication involves articulating
oneself well, being a good listener and using appropriate body language.
4. Problem-solving and resourcefulness – no matter what your profession, these skills are critical
when unexpected issues inevitably arise.
5. Accepting feedback – not only accepting feedback gracefully but also applying that feedback, fosters
professional growth.
6. Confidence is key – that being said, it's also important to always have the knowledge and skills to
support self-assurance. By being confident and capable, your supervisors, employees, and clients will
believe in what you are saying.
7. Creative thinking – being able to come up with unique solutions or alternatives is invaluable; it drives
innovation and increases efficiency.

Top 6 Skills Employers Seek in College Graduates

Here's a list of the top skills that the employers who responded to the NACE survey look for on
resumes. They are a combination of skills that qualify the candidate for a specific job and
those that prepare a graduate to succeed in a professional workplace.

1. Communication Skills: The ability to effectively express yourself verbally and in writing is

a necessity at any job. Communicating will not only help you get your job done, but it'll help
you skillfully navigate—and avoid—conflict in the workplace.
2. Problem-Solving Skills: Problems are bound to arise at any job, and employers value
employees who work to solve them. Steps to problem-solving include analyzing the cause,
coming up with and evaluating possible solutions, putting a plan into action, and assessing
the effectiveness of that plan.
3. Ability to Work in a Team: Most jobs require the ability to work well with other people.
That includes treating others with respect and working together to solve problems and get
the job done.
4. Initiative: Many employers want their workers to take initiative and be self-motivated. That
means getting the job done without waiting to be told what to do and coming up with ideas
for improvement.
5. Analytical Skills: This includes collecting and evaluating information in order to make
decisions on the job. It can include dealing with both complicated data and situational
information.
6. Leadership: Leadership skills are especially important for those who are managing teams,
but are also valuable in entry-level employees who are looking to climb the ladder. This
includes being an example for other employees, inspiring motivation and positivity, and
offering feedback to encourage growth in others.

7
EMOTIONAL INTELLIGENCE:
What the Interviewer Really Wants to Know

Interview questions that assess emotional intelligence tend to focus on how the interviewee manages himself
and manages relationships with others.

The questions asked are often behavioral questions, meaning that they ask the interviewee to explain how he
or she acted in a past employment-related situation. Below are some examples of typical EI interview
questions.

Interview Questions About Emotional Intelligence

1. What is one of your weaknesses? How do you overcome that weakness?
2. What motivates you to do your work?
3. Describe a stressful work situation you’ve had. How did you resolve that situation?
4. What are one or two things that make you angry or frustrated at work? What do you do when you get angry or
frustrated at work?
5. Tell me about a time when you received feedback on your performance, and you disagreed with the
feedback. How did you handle the situation?
6. Tell me about a setback you had at work. How did you handle it?
7. Describe a time when you made a big mistake at work. How did you handle the situation?
8. Tell me about a time when you had to handle multiple work assignments at once. How did you feel? How did
you handle the situation?
9. Tell me about a time when you took on a task at work that was new to you. How did you feel doing it?
10. How would you handle a coworker who consistently does not pull his weight on group assignments?
11. How do your colleagues benefit from working with you?
12. Tell me about a time when you did or said something that had a positive impact on an employee, coworker, or
customer.
13. Have you ever noticed that someone at work was having a bad day? How did you know? What did you do?
14. Tell me about a time when you had a dispute with a colleague. What did you do to deal with the situation?
15. Describe a time when a colleague came to you with a problem. How did you respond?
16. Tell me about a time when understanding someone else’s perspective helped you accomplish a task or
resolve an issue.
17. Tell me about a time when you motivated someone to accomplish a task. How did you motivate him or her?
18. Why is it important to develop a rapport with your colleagues?
19. How do you build a rapport with your colleagues?

Possible Follow-Up Questions

1. Tell me about your work experience.
2. What type of work environment do you prefer?
3. Are you easy to talk to?
4. What are your career goals?
5. Do you work well with other people?

From : https://www.thebalancecareers.com/interview-questions-about-your-emotional-intelligence-2059962

8
POSITIVE PERSONALITY TRAITS

1. ARTICULATE 2. CONSISTENT 3. VERSATILE

4. CONSIDERATE 5. SOCIABLE 6. FLEXIBLE

7. EASY-GOING 8. RESPECTFUL 9. RESOURCEFUL

10. CARING 11. TACTFUL 12. LEVEL-HEADED

13. TRUSTWORHY 14. COMMITTED 15. CONSCIENTIOUS

TRUSTWORTHY

16. APPROACHABLE 17. ACCOUNTABLE 18. DECISIVE

19. CAUTIOUS 20. IMAGINATIVE 21. SENSIBLE

22. ASSERTIVE 23. PRACTICAL 24. PERSUASIVE

25. OPEN-MINDED 26. PATIENT 27. DISCERNING

28. CONFIDENT 29. INGENIOUS 30. OUTSPOKEN

9
Could I be a solicitor?

1. I have an excellent academic background

2. My written and verbal communication skills are good;
3. my commercial awareness is up to scratch.
4. I get on well and confidently with a wide variety of people.
5. I can work effectively under pressure.
6. I enjoy working in a team.
7. My computer skills are up-to- date
8. I have a reasonable level of numeracy;
9. I can organize my time effectively.
10. I pay sufficient attention to detail.
11. I am keen on taking personal responsibility.
12. I can effectively organize and prioritize my workload.
13. I have plenty of initiative and enjoy solving problems.
14. I thrive under pressure.
15. I can think quickly.
16. I have strong stamina.
17. I have some foreign language skills. I have a healthy sense of humor.

Could I be a barrister?
1. I have excellent communication skills, both oral and written.
2. I am very persuasive.
3. I take a keen interest in business affairs.
4. I am flexible and readily adapt to changing situations.
5. I am computer literate.
6. I can easily put people at ease.
7. I can act in a professional manner.
8. I am someone who others describe as confident and self-assured.
9. I am independently minded;
10. I take pride in being well-prepared with high standards of attention to detail.
11. I am highly self-motivated and determined.
12. I can remain calm under extreme pressure;
13. I have plenty of stamina to cope with long working hours.
14. I am practical and realistic in my approach.
15. I can effectively organize my own workload.
16. I am quite smart.
17. I can keep a sense of humour in times of great stress.
18. I have great integrity and concern for justice.

My score:
 Qualities needed to be a solicitor:
 Qualities needed to be a barrister:
Discuss:
1. Using the list of skills and qualities needed by a solicitor and a barrister, explain to your fellow students why you
would be a successful solicitor or barrister.
2. Why is a good sense of humour important to be a talented barrister or solicitor? Give your opinion to the rest
of the class.

10
Qui a Ecoles de Pragmatique pragmatique Le Barreau Disert
confiance Droit
en soi londoniennes practical The Bar articulate

Self- The Inns of

confident Court in
London

La grande Huissier de Le droit anglais Franc, direct, Engagé Cabinet

charte justice (cad Droit spontané d’avocat
coutumier committed
1215 bailiff jurisprudentiel) outspoken A law firm
Magna (solicitors)
Carta (The English Law
Great Chambers (for
Common law barristers)
Charter)
Case law
As of 1215
the King Judge-made
can no law
longer
pass law
and raise
taxes
without
the
consent of
the
barons.
( The
power of
the
absolute
monarch
is dented
for the
first time)

Un Greffier Cour d’Assises Accessible Une licence Fiable, digne

stagiaire de Londres de confiance
The Court approachable A degree
A trainee ; clerk The Old Bailey trustworthy
an intern

11
Un Qui est d’un Organisme Avocat toutes Avocat Représentation
testament grand soutien professionnel juridictions généraliste d’un client
des solicitors devant la cour
A will Supportive A barrister A solicitor
The Law The right of
Society audience

12
Qui a Ecoles de pragmatique pragmatique Le barreau Disert
confiance Droit
en soi londoniennes

La grande Huissier de Le droit Franc, direct, Engagé Cabinet

charte justice anglais spontané d’avocat

Un greffier Cour accessible Une licence Fiable, digne de

stagiaire d’Assises de confiance
Londres

Un Qui est d’un Organisme Avocat Avocat Représentation

testament grand soutien professionnel toutes généraliste d’un client
des solicitors juridictions devant la cour

13
LLB Articled Wills LeasesConveyanci probate
clerk ng
A law testamen A lease règlement
degree Trainee ts = un bail = transfert d’une
solicitor de propriété successio
n

A brief A counsel= a Pleading advocac Inns of pupillage

barrister  y court
Un Un the
a defence
dossier plaidoirie the right Ecoles de ‘placeme
counsel (US)
the to defend Droit nt’ of
= l’avocat de
solicitor a Londonnienn barristers.
la défense
prepares defendan es
the brief t in court
for the
barrister
To be The Bar The cab Chambe Law firm QC
called to council rank rule rs
Cabinet Queen’s
the Bar=
L’organisme Concerns Cabinet d’avocat Counsel
s’inscrir
professionnel barristers  d’avocat ( solicitors) désigne
e au
des Barristers ; The pour les ténors
Barreau.
/ the clerk of barristers du
professional chambers Barreau :
body of ( le high-
barristers secrétaire ranking
général barristers
du
cabinet)

14
To take The right of Fee In-house Tenancy Solicitor 
silk audience lawyer : avocat
A fee = Charge de
généralis
To Représentati un droit Avocat barrister
d’entrée te (GB)
become on d’un attaché à
 you
a QC / to client devant une Advocate 
be la cour : the pay a entrepris : avocat
appoint right to small fee e en
ed a QC represent a to visit a Ecosse
museum
by the client in
Queen, court fees= les
on honoraire
advice s
of the
Justice
Secretar
y.

15
 M-P MAGNIER

ENGLISH LAWYERS

16
How to Become a Lawyer in the UK

Barrister or Solicitor?

The first thing you must bear in mind is that in the UK,
there is a distinction between a lawyer who represents a
client in court, and one who advises clients in the lead-
up to the court case.
Solicitor: A solicitor is a legal professional who
undertakes work outside of court and provides advice
directly to clients. Solicitors set up initial client meetings
and provide advice on their respective situations. They
also build up case bundles if a client’s case needs to go
to court. Solicitors tend to be employed by a law firm or
organisation and will be paid a salary based on that
employment.
Barrister: A barrister is someone who defends or
advocates for someone inside of court. Barristers are,
therefore, used or hired by solicitors to represent a case
in court and only become involved when an advocate for
that case is required. Barristers tend to be specialists in
certain legal areas. Moreover, 80% of barristers in the
UK are self-employed which means the amount of
money they make in any given period depends on how
many cases they take on
different options for barrister qualification. Read more
about this on our Vocational Component guide.
https://www.thelawyerportal.com/free-guides/how-to-
become-a-lawyer-in-the-uk/
Match them with their equivalents in Legal English!
1. to represent a client in court to appear
2. to defend someone to advocate sb ( barrister)
3. to be used/ hired by a solicitor to be instructed/
briefed by a solicitor
4. to pass a degree to achieve a degree
5. a contract of apprenticeship training contract
6. to graduate to qualify as
7. the training period for a future barrister pupillage
8. the place where barristers work chambers

Routes to Qualification a. chambers

Present: The present route to qualification as a lawyer b. to achieve
in the UK requires you to achieve a qualifying law c. to qualify as
degree. Once you have achieved your initial legal
qualification, you must choose whether you want to d. to advocate
complete the Bar Professional Training Course to qualify e. a training contract
as a barrister or the Legal Practice Course to qualify as
a solicitor. After this stage, a future solicitor will have to f. to appear in court
undertake a two-year training contract before qualifying. g. pupillage
On the other hand, a prospective barrister carries out a
one-year pupillage at a chambers. h. to brief

Future: The route to qualification for solicitors is due to

change in 2021 with the introduction of the Solicitor’s
Qualifying Exam (SQE) replacing both the GDL and
LPC. This new assessment has been designed to
centralise the route to qualification to keep the process
as consistent as possible. The new assessment will
have two stages with one covering legal knowledge and
the other testing practical skills. Despite this change,
there will be a transition period allowing for those
already undertaking a law degree or already enrolled in
either the GDL or LPC to continue to completion.

For Barristers, the BPTC is being replaced by the

Vocational Component of Bar Training, which offers

17
What solicitors do
Solicitors represent and defend clients’ legal interests,
and provide advice in many situations, for example:

 giving expert advice on everyday issues, such

as buying and selling homes, and dealing with
relationship breakdowns
 helping businesses with commercial
transactions
 protecting individuals’ rights, making sure
they’re treated fairly by public or private bodies
 providing free help (pro bono) in certain
circumstances, for example for people who are
unable to pay for legal services

A solicitor’s work can be divided into:

 contentious legal work – resolving disputes

between two or more parties, usually in a court
or tribunal
 non-contentious legal work – dealing with the
legal aspects of a client’s business or personal
matter, for example managing a company
merger, or making a will

A solicitor’s duties include:

 researching cases and legislation

 drafting letters, contracts, wills and other legal
documents
 liaising with clients and other professionals such
as barristers
 representing clients in court or at tribunals

Where solicitors work

Solicitors can work in:

 law firms (private practice)

 central or local government
 legal departments within organisations (in-
house)
 the Crown Prosecution Service
 law centres

Skills

You need to be determined and motivated to succeed as

a solicitor.

A legal career demands:

 intellectual ability – the law is complex

 flexibility – no two days are the same
 commitment – training requires significant effort
and resource
 strong oral and written communication skills

18
A strong academic background is important, but
employers also look for personal skills and attributes, for
example:
 dedication
 a capacity for hard work
 personal integrity and an ethical approach
 commercial awareness
 being able to communicate with people at all
levels and win their respect
Qualifications
To be accepted for a law degree, you’ll usually need:
 at least five GCSEs at grade C or above, in
English, Maths and sometimes a subject such
as a foreign language
 a minimum of two A levels, and three A levels at
A grade for the most popular courses
You do not usually need to have taken A level law to do
a law degree, although a few universities have specific
subject requirements. You should research and compare
courses to see what universities are looking for.
There are routes to qualifying that do not involve a law
degree, such as completing an apprenticeship or
through the Chartered Institute of Legal Executives.
These routes may also take longer.
https://www.lawsociety.org.uk/career-advice/becoming-
a-solicitor
What is a Barrister?
A barrister is a qualified legal professional who offers
specialist advice whilst representing, advocating and
defending clients in court or at a tribunal. Examples of
courts a barrister may work in include:
 The Crown Court
 The High Court
 The Court of Appeal
 The Supreme Court
While you’ll more often see barristers in court than in the
boardroom, the role of a barrister is continuously
changing and increasingly more work happens outside
the courtroom.
Many barristers specialise in one area of the law,
although some may have a more general practice
covering a variety of areas. Examples of such areas of
law include:
 Criminal law
 Property law
 Commercial law
Provide the LEGAL ENGLISH synonyms:
giving expert advice on everyday issues: to advise / to
provide advice
buying and selling homes: conveyancing
dealing with relationship breakdowns: practicing family
law for divorce proceedings
providing free help: working pro bono
writing a will drafting a will
writing letters drafting letters
acting as an intermediary liaising with sb
representing a client in court exercising the right of
audience ( barristers: advocacy)
Qualities required:
intellectual ability -- > you must have problem solving
skills
flexibility you must be flexible
commitment you must be committed
oral and written communication skills you must be
articulate
dedication you must be dedicated
a capacity for hard work you must be hard-working
personal integrity you must be honest
commercial awareness you must have business
acumen
being able to communicate with all people at all levels
you must be approachable / sociable ( gregarious)
 Company law
 Family law
 Employment law
The area of law a barrister practices in will dictate to a
certain extent the type of work they undertake and the
amount of time they spend in court. Criminal barristers,
for example, will carry out much of their practice in court
acting for the prosecution or defending a client.
However, company and commercial barristers will carry
out much of their practice outside the courtroom. They
take on more of an advisory role which may involve
negotiating contracts and other business matters.
How to Become a Barrister: Qualifications
To become a barrister, you have to complete either a:
 Qualifying law degree (with 2:2 (hons) as a
minimum); or
 A non-law degree (with 2:2 (hons) as a
minimum) and a law conversion course such as
the Graduate Diploma in Law (GDL)
19
How to Become a Barrister: Training
Below are the steps to take after completing your law
degree or conversion course.
1. Apply for and complete mini pupillages  In chambers, barristers work alongside other self-
2. Apply for the vocational component of barrister
training
3. Join one of the Inns of Court (which must be done
before commencing the vocational component of
training)
4. Sit the Bar Course Aptitude Test (BCAT) during the
summer preceding commencement of your
vocational training
5. Complete the vocational training (click here to see
institutions offering this option)
6. Apply for pupillages in chambers or in house
7. Complete your pupillage
8. Qualify as a barrister and apply for tenancy in
chambers
Find the corresponding synonyms in the article:
a. defend a client in court to advocate
b. to the place where company directors meet
boardroom
c. to conduct legal proceedings against (criminal
cases) to be acting for the prosecution / to
prosecute
What Does a Barrister Do?
Knowing about the job role is crucial for those curious
about how to become a barrister. It is a diverse and
highly challenging career that requires a high level of
adaptability. On a daily basis, barristers will generally be
required to do the following:
 Conduct legal research
 Negotiate contracts and other business /
personal matters
 Meeting consulting with and advising clients
 Prepare proceedings and documents for court,
including legal arguments
 Represent clients at court and tribunal hearings,
which may include cross-examining witnesses
and
 Present complex legal arguments
 Mediate and negotiating settlements between
disputing parties such as a husband and wife or
employer and employee
Barristers tend to be self-employed and work within
offices known as ‘chambers.’ Chambers usually
specialise in certain areas of the law. As such, when
carrying out your research into chambers for pupillage
and mini pupillage applications, it is important to check
their specific practice areas to ensure that these tie in
with your particular interests.
employed barristers, sharing the administration and day-
to-day costs of running the chambers. It’s a flexible way
of working, however, it’s important to note that with this
comes limited access to benefits such as sick and
holiday pay.
Barristers are also sometimes employed ‘in-house’ by
large organisations such as banks, firms of solicitors and
even the Government, as part of the Government Legal
Service.
Career Progression
Once you have completed a year’s pupillage in
chambers and have gained a tenancy, you’ll then be
considered junior counsel. Junior counsel participate
mainly in assisting senior counsel in their chambers, and
attending hearings in the lower courts.
When you have practised as a successful barrister for
around 15 years and have built a strong reputation and
client base, you can progress onto the next level in
chambers. You can then apply to become a Queen’s
Counsel (a ‘QC’). This process is commonly known as
‘taking silk’ because once you become a QC you are
entitled to wear a silk robe in court. QCs are known for
working on high profile cases and trials in the High Court
and Supreme Court.
Who Oversees and Regulates the Profession?
Bar Council
The profession of barristers, more commonly referred to
as the Bar, is overseen by the Bar Council. The Bar
Council is responsible for representing, supporting,
advising and offering a variety of services to barristers in
England and Wales.
Bar Standards Board
The Bar Standards Board is responsible for monitoring
and regulating both the training and conduct of barristers
as well as dealing with conduct-related complaints.
20
Trouver dans le texte les mots suivants :
1. Faire des recherches juridiques to conduct legal
research
2. S’entretenir avec le client meeting with the client
3. Conseiller advising/ providing advice
4. Préparer la procédure preparing proceedings
5. Procéder au contre interrogatoire des témoins
cross-examining witnesses
6. Négocier le règlement d’un conflit negotiating
the settlement of a dispute
7. Les parties du litige the disputing parties / the
parties to the dispute (the litigants)
8. Un travailleur indépendant (profession libérale)
a self-employed worker
9. Les prestations sociales social benefits
10. Un juriste attaché à un organisme ou une
entreprise the in-house lawyer
11. Le droit d’installation et d’exercice de la
profession de barrister tenancy
12. Un conseiller juridique de la couronne cad un
ténor du Barreau a QC ( Queen’s Counsel)

21
22
23
To instruct sb : The lower Advocacy The Court and A licensed
jurisdictions: Legal Services conveyer
To instruct a Defending a Act 1990
lawyer, a The client in court A licence= un
solicitor, a magistrates (barristers) Provides that autorisation
barrister= to hire court ( criminal solicitors will
law) be allowed to Some people ,
appear in building
The county appellate societies e.g.
court ( civil law) jurisdictions may also
provided they exercise
take further conveyancing
exams. if they have a
licence.

24
A brief : a case Syn: to appear The layman= Fees= A contractual
as an advocate le profane honoraires relationship :
to a client in ( the money a
court: to have client pays to a You have a
the right of member of the contractual
audience Professions) relationship
with sb when
you have
entered into a
contract with
that person.
Ex : clients
( members of
the general
public) enter
into a contract
with the
solicitor.
Paperwork A building The Transferring The Law
society : Magistrates’ property : Society : the
Clerical work/ société de Court conveyancing professional
office work = crédit body of
travail de immobilier The lowest solicitors
bureau criminal
jurisdiction in
Red tape= la E & Wales
paperasse/
bureaucracy

A magistrate a The A A high street The Crown

judge in the Administration partnership : firm : a Court
Magistrates’ of Justice Act only solicitors solicitor’s office
Court 1985 can work in a Appellate
partnership jurisdiction in
Provides that ( can have crimianl law
solicitors will be partners). ( equivalent of
allowed to Barristers our Cour d’
appear in cannot. They Assises)
appellate must be self-
jurisdictions employed.
provided they
take further
exams.

25
26
 M-P MAGNIER
ENGLISH APPLIED TO LAW

CIVIL AND CRIMINAL JUSTICE

27
Act of Offence= une Prosecution Convicted :
Parliament : a infraction action taken by reconnu coupable
statute = the State or the
syn : an
statutory Crown for a
infringement of
legislation= criminal offence
the law ; a
written law
violation of the To be found guilty
law ; a breach of

the law

Penalty : a Fine : Custodial Defendant = le

punishment, a sentence défendeur
Une amende : a
sanction
sum of money
paid in
compensation

Une peine
privative de Syn. The accused
liberté :

Claimant : le Crown Court Petty offence Actus reus

demandeur

Une infraction
The plaintiff ; the Appelate
mineure L’acte coupable
complainant jurisdiction in
criminal law ( the Syn : a minor One of the two
equivalent of the offence, a elements defining
French Cour summary a criminal offence
d’Assises) offence (LE)

Mens rea Strict liability Guilty beyond Monetary

28
 offence any reasonable compensation

doubt

L’intention de The standard of Dommages et

Responsabilité proof in
nuire intérêts
sans faute criminal law
The guilty mind intentionnelle Syn: financial
compensation;
damages

29
Act of offence prosecution convicted
Parliament

Penalty Custodial Defendant

sentence

fine

claimant Crown Court Petty offence Actus reus

Mens rea Strict liability Guilty beyond Monetary

offence any reasonable compensation
doubt

30
Criminal Law
The criminal law ensures every citizen knows the boundaries of acceptable conduct in the UK. For example, it is
clearly unacceptable conduct to steal from another individual, or take the life of another. The vast majority of
criminal law is codified in Acts of Parliament, such as the Theft Act, and the Offences Against the Person Act.

A breach of criminal law is seen as a wrong against society as a whole. If an individual breaches the criminal law
and commits an offence, they may well face criminal prosecution by the state and, if convicted, will receive an
adequate penalty. Punishments for criminal offences are typically fines, imprisonment and or a community
sentence.

Cases brought in the name of the Crown

Criminal proceedings will be initiated by the police and the Crown Prosecution Service (CPS) but will all be brought
in the name of the Crown. Almost all criminal cases start in the Magistrates’ Court. Depending on the nature and
seriousness of the offence, the defendant charged with an offence will be tried before a magistrate in the
Magistrates’ Court; or before a judge and jury in the Crown Court.

Elements of the crime

Criminal liability usually involves both a mental element (mens rea) and a physical element (actus rea) of the
offence. Mens rea may be intention, recklessness or negligence. For instance, in the case of theft under the Theft
Act, there must be a mental element (dishonesty) and physical element (ie conduct) – the appropriation of property
– in order for a defendant to be convicted.

The physical element or conduct of a crime does not have to involve an actual physical movement of the individual.
For instance, in the case of fraud, the mental element necessary is dishonesty, and the physical act will be the false
representation by the individual.

However, in some criminal offences such as road traffic accidents and environmental offences, the requirement for
a mental element is not necessary. Such offences are called ‘strict liability’ offences and include driving without
insurance, and various health and safety offences.

Standard of proof

The cornerstone of criminal justice is that a defendant is presumed innocent until proved guilty. The criminal
standard of proof is applied in criminal proceedings: the prosecution must prove beyond reasonable doubt that the
defendant is guilty. If there is reasonable doubt, a jury or magistrate must acquit the defendant.

31
Civil Law
What is the civil law?

The civil law exists to protect individuals against one another and the state. The civil law sets out the rights and
duties of individuals – both in legislation and through the common law (court rulings). If, for instance, an individual or
a business agrees to provide goods or services to another at a price, but the goods or services are substandard, a
claim can be brought under consumer protection law.

Sometimes, both the criminal and civil law will arise in relation to an incident. Road users, for instance, have a duty
of care towards other road users. If a road user is driving carelessly and causes an accident which injures another
person, a civil claim can be brought for damages for negligence, in addition to any criminal prosecution.

In the employment law context, all employees have a right to work in a safe environment. This means that their
employers have a duty to protect their safety. If an employer does not take appropriate measures to ensure a safe
workplace and an employee is injured, a civil claim may be brought against the employer. There could also
potentially be criminal action.

Burden and standard of proof

As in criminal law, certain factors must be satisfied before a civil claim can succeed. For instance, for negligence to
be established, the claimant must prove that the following elements were present:

 A duty of care

 This duty of care must have been breached

 The breach must have caused injury or loss to another

The standard of proof is lower than in a criminal trial: the claimant need only prove their case on the balance of
probabilities in order to succeed.

Individual civil law proceedings

The individual who believes they have cause to assert their civil rights can start court action as the ‘claimant’ in the
County Court or High Court (depending on the value of the claim). The individual (or organisation) against which the
claim is made is known as the ‘defendant’.

Remedies

Under the Civil Law, various remedies are available including damages, an injunction (ordering someone to stop
doing something) or an order for specific performance. Where a claimant’s case is successful, the court will order
an appropriate remedy. For instance, if the claim is for a sum or money, the defendant will be ordered to pay the
amount claimed (probably with interest). If the claimant’s case concerns a property boundary encroached upon by
the defendant, the court can order the defendant to restore the claimant’s boundary to what it should be by way of
an order for specific performance. Damages may also be awarded where there has been a financial loss.
32
Summary

The main differences between the two legal systems can be summarised as follows:

Aim
 Criminal – to punish criminals for offences against individuals and society as a whole

 Civil – to regulate relationships between individuals, and between individuals and organisations

Commencement of Action
 Criminal – by the police and the CPS

 Civil – by an individual or an organisation suing another individual or organisation

Burden of Proof
 Criminal – on the Crown to prove the charge beyond reasonable doubt

 Civil – on the claimant to prove their claim on the balance of probabilities

Venue
 Criminal – Magistrates Court or Crown Court

 Civil – County Court or High Court

Outcome
 Criminal – conviction or acquittal

 Civil – defendant is or is not liable to claimant

Remedy
 Criminal – sentence to a punishment imposed by the state

 Civil – damages or other remedy such as injunction

33
Civil and criminal justice
Civil cases apply to private litigation between individual members of society.
The aggrieved person, known as the ‘plaintiff’, states his claims against the ‘defendant’, and may ask for a recovery of his money
for compensation or damages, as the case may be. Unpaid debts, negligence, breaches of contract are among the many cases
which come up for trial although a number of actions are settled beforehand with the help of lawyers.

Criminal cases imply the whole society instead of just private litigants.
Misdeeds are divided up between ‘summary offences’ (which are tried by magistrates’ courts, which can usually deliver
sentences up to 6 months imprisonment) and ‘indictable offences’, which require the assistance of professional, full-time
‘circuit’ judges. Crown courts have now replaced the former quarter sessions and assizes.

CIVIL

1. Le demandeur (3) CRIMINAL

2. Le défendeur (2)
10.Un méfait
3. L’avocat (2)
11.Un crime
4. Déposer plainte
12.Juger
5. Une infraction
13.Prononcer une peine
6. Ester en justice: (engager des poursuites au
civil) 14.La Cour d’Assises
7. Causes possibles de l’action en justice

8. Demander réparations

9. Types de réparations

34
 M-P MAGNIER
ENGLISH COURTS OF JUSTICE

35
36
37
38
CRIMINAL COURT JUDGES
COURT OF APPEAL
Lord Chief Justice
The current Lord Chief Justice, is the Head of the Judiciary of England and Wales and the President of the Courts of England and
Wales. The latter role began on 3 April 2006 when the Lord Chancellor’s judicial functions were transferred to the Lord Chief Justice
under the Constitutional Reform Act 2005.
Sits on important criminal, civil and family cases. He gives judgments and lays down practice directions in many of the most
important appeal cases. Is President of the Courts of England and Wales and may hear cases in any English or Welsh court, including
Magistrates’ Courts.

Court of Appeal judges

The Court of Appeal is based at the Royal Courts of Justice in London, but has occasional sittings elsewhere in England and Wales. It
consists of a Civil Division and a Criminal Division, which between them hear appeals in a wide range of cases covering civil, family
and criminal justice. In some cases a further appeal lies, with leave, to the Supreme Court, but in practice the Court of Appeal is the
final court of appeal for the great majority of cases.
The Criminal Division hears appeals from the Crown Court. Its President is the Lord Chief Justice. Again, cases are generally heard by
three judges, consisting of the Lord Chief Justice or the President of the Queen’s Bench Division or one of the Lords Justices of
Appeal, together with two High Court Judges or one High Court Judge and one specially nominated Senior Circuit Judge.

HIGH COURT
High Court judges
The High Court judges currently appointed in England and Wales deal with the more complex and difficult cases.
High Court judges usually sit in London, but they also travel to major court centres around the country as well as sitting in London.
They try serious criminal cases, important civil cases and assist the Lord Justices to hear appeals.

President of the Queen’s Bench Division

The work of the Division consists of crime, claims for damages in respect of personal injuries, negligence, breach of contract, libel
and slander (defamation), non payment of debt and possession of land property.

CROWN COURT
Circuit judges
Some circuit judges deal specifically with criminal or civil cases, while some are authorised to hear public and/or private law family
cases.
Some circuit judges may be asked by the Lord Chief Justice (LCJ) to sit in the Criminal Division of the Court of Appeal. There are
currently over 600 circuit judges throughout England and Wales.
Circuit judges are appointed to one of seven regions of England and Wales and sit in the Crown and County Courts within their
particular region.

Recorders
Recordership is often the first step on the judicial ladder to appointment to the circuit bench.
Where they sit
Recorders may sit in both Crown and County Courts, but most start by sitting in the Crown Court. Their jurisdiction is broadly similar
to that of a circuit judge, but they will generally handle less complex or serious matters coming before the court.
+JURIES

MAGISTRATES’ COURT
District judge (magistrates’ courts)
District judges (magistrates’ courts) hear criminal cases, youth cases and also some civil proceedings in magistrates’ courts. They can
be authorised to hear cases in the Family Court. Some are authorised to deal with extradition proceedings and terrorist cases. They
are also authorised to sit as prison adjudicators.
District judges (magistrates’ courts) usually hear cases alone. By virtue of their office they are Justices of the Peace.

Magistrates
Magistrates (also known as justices of the peace) are 21,500 volunteer judicial office holders who serve in magistrates’ courts
throughout England and Wales.
Magistrates can be appointed from the age of 18 and retire at 70. Magistrates do not require legal training or qualifications.
Candidates must demonstrate six ‘key qualities’ – Good Character; Commitment and Reliability; Social Awareness; Sound
Judgement; Understanding and Communication; Maturity and Sound Temperament. Once appointed, magistrates undertake
mandatory training and are always supported in court by a trained legal advisor to guide them on points of law and procedure.

39
The Structure of the Courts in England (UCL
recording)
[MUSIC] In this video, we're going to look at how
the courts are arranged or structured in the legal
system. You may find, as I explain the court system,
that at first it seems rather illogical and complex.
It's true that the court system is complicated and,
in places, confusing. This is because its developed
over many years rather than being designed from
scratch.
First, I want to say a brief word about the hierarchy
of the courts, a subject that will be discussed in
more detail later on in the course. If you look at a
diagram of the court system, you will see that
some courts are above others. For example, the
Supreme Court is at the top of the hierarchy. This is
important, not just for determining which courts
can hear appeals from courts lower down, but also
for determining which courts can set binding
precedents.
The concept of binding precedent very broadly
means that courts lower down on the hierarchy
must follow decisions made by the higher courts.
This is a real feature of common law which is not
found in civil law systems. So for example,
magistrate's courts and the county court are bound
to follow decisions of the high court, the court of
appeal and the supreme court. But there is a lot
more to it than this. And we will return to court
hierarchy and binding precedent later on in Week
5.
There are a couple of important distinctions in the
court structure. The first, is the difference between
the appellate courts, the courts that hear appeals
and the trial courts, or the courts of first instance.
Trial courts will hear a case and make a ruling on
fact and law.
And appellate courts have the job of reconsidering
whether the law has been correctly applied in a
case which has already been heard in a lower
court.
But this is not a hard and fast distinction. Some
courts can hear both cases at first instance, and
also appeals.
Another distinction is between civil courts and
criminal courts. Again, this is not a clear cut
distinction. Some courts can have both a civil and a
criminal jurisdiction. This can be confusing, but
essentially it reflects the fact that the institutions
of common law are historical and have changed
over time.
We've already discussed in Week 1 what the
differences are between civil and criminal law.
To recap briefly, civil court cases arise when an
individual or an organization believes their rights
have been infringed. Civil justice is mainly dealt
with in the county court, and in the case of more
substantial or complex cases, in the high court.
The jurisdiction of the civil courts covers a very
wide range, from quite small or simple claims, such
as claims for damaged goods or recovery of debt,
to large claims between multinational
corporations. Courts in a civil jurisdiction don't
have the power to imprison a losing party. They
ordinarily, but not always, award financial
compensation or damages as a remedy. The
amount of damages awarded depends on the
circumstances of the claim.
Now let's move on to criminal courts. Criminal
cases come to court after a decision has been
made to prosecute somebody for an alleged crime.
This decision to prosecute is usually made by an
independent body called the Crown Prosecution
Service. In the vast majority of cases, magistrates
sitting in the magistrates' court hear the evidence
and, as a panel, make a decision on guilt or
innocence. For more serious cases, District Judges
in the magistrates' court or a Circuit Judge in the
Crown Court will hear evidence. In the case of the
Crown Court, this will involve a jury trial. So with
this basic tool then. I want to look in more detail
about civil and the criminal courts. [MUSIC].
Questions about the Courts in England and Wales:
1. What court is at the top of the hierarchy?
2. What is the concept of the binding precedent?
3. Name the two levels of courts.
4. What is the job of an appellate court?
5. What is the difference between a civil and a criminal
case?
6. What are the sentences handed down by civil
courts?
7. What redress can do civil courts award?
8. In a criminal case: who decides to prosecute?
9. What court deals with the majority of criminal
cases?
10. Name the judges who deals with the more serious
criminal cases.
11. What court will deal with the more serious criminal
cases?
40
 12. What court holds jury trials?

beyond reasonable doubt, that the defendant

How UK Law is classified
committed the crime.
A distinction is made between public law, which
Minor offences, such as speeding, are heard by
governs the relationship between individual citizens and
Magistrates’ Courts. Many towns in England and Wales
the state, and private law, which governs relationships
have their own Magistrates’ Court, where cases are
between individuals and private organisations.
heard by three magistrates. Magistrates do not need
any legal qualifications, and they are advised by a Clerk,
For practical purposes, the most significant distinction
who is a qualified lawyer. Magistrates do not state
is between civil law and criminal law.
reasons for their decisions.
Civil law covers such areas as contracts, negligence,
family matters, employment, probate and land law.
QUESTIONS:
1. What is the difference between public and
Criminal law, which is a branch of public law, defines
private law?
the boundaries of acceptable conduct. A person who
breaks the criminal law is regarded as having committed
2. What does civil law cover?
an offence against society as a whole.
3. Is criminal law a branch of private law or a
How Civil Law is enforced in England and Wales
branch of public law?
A person who believes that another individual or
organisation has committed a civil wrong can complete
a claim form and send it to the appropriate court. The
4. How do you start civil proceedings in England
County Court, which is based at over 200 locations,
and Wales?
deals with most claims involving less than £25,000 and
claims for less than £50,000 that involve injury to a
person. The High Court, which is in London, hears most
5. What civil courts will deal with a civil claim?
higher-value cases. In the County and High Courts, each
case is heard by a single judge.
6. What must the claimant do to win his/ her
The person who starts a civil case is called a claimant,
case?
and he or she has the burden of proving that, more
probably than not, the other party (the defendant)
7. What is the usual remedy in a civil case?
committed a civil wrong. If the claimant is successful,
the usual remedy is damages: a sum of money paid by
8. What remedies are available from a civil court?
the defendant to the claimant. Other remedies, such as
9. Who charges the person believed to have
a court order that prohibits a person from behaving in a
committed a crime?
certain way, are available in some circumstances.
Either party to a civil case may appeal to a higher court
10. What happens next?
against the decision.
11. What is the burden of proof in criminal cases?
How Criminal Law is enforced in England and Wales
12. Is a motoring offences civil or criminal ones?
A person who believes that a crime has been committed
13. Who will judge a motoring offence in England
contacts the police, who conduct an investigation. If,
and Wales?
after arresting and interviewing a person, the police
believe that he or she committed the crime, that
individual is charged. A report of the case is then sent to
the Crown Prosecution Service (CPS).

If the CPS believes that the case has a reasonable

prospect of success, and that it would be in the public
interest to do so, it will start criminal proceedings
against the suspect, who becomes the defendant in the
case. In court, the CPS bears the burden of proving,
41
Very serious offences, such as murder and rape,
are heard in the Crown Court. The Crown Court is
based in about 90 centres throughout England and
Wales. A jury consisting of 12 people chosen at
random from the local population will decide,
without giving reasons, whether the defendant is
guilty of the offence. Usually a jury’s decision will
be unanimous, but the judge may decide that an
11:1 or 10:2 majority is sufficient. The jury is
advised about the law by the judge, whose role
also includes imposing a sentence if the defendant
is found guilty.
Some intermediate offences, such as theft, may be
tried in a Magistrates’ Court or the Crown Court.
The sentences available for criminal offences
include fines (payment of a sum of money to the
state), imprisonment and community punishments
such as unpaid supervised work.
The Senior Appellate Courts of the UK
Appellate courts are those that only hear appeals
from other courts. The two most senior appellate
courts are the Court of Appeal and the Supreme
Court.
The Court of Appeal, which encompasses only
England and Wales, consists of a Civil Division and a
Criminal Division. The Civil Division hears appeals
against decisions of the High Court, while the
Criminal Division hears appeals about alleged
errors of law in the Magistrates’ and Crown Courts.
Cases are heard by three Lords Justices of Appeal,
each of whom reaches an individual decision that
may consist of a lengthy speech. The Court’s
decision may be reached either by unanimity or by
a 2:1 majority.
Appeals from the Court of Appeal are heard by the
Supreme Court, which is the highest court in the
UK. It hears civil appeals from all four countries,
and criminal appeals from England, Wales and
Northern Ireland. Permission to appeal to the
Supreme Court will be given only if a case raises a
point of general public importance. Cases are
heard by five, seven or nine of the 12 Justices of
the Supreme Court, each of whom reaches an
individual decision that may consist of a lengthy
speech. The Court’s decision may be reached either
by unanimity or by a simple majority.
Decisions made in the Court of Appeal and the
Supreme Court – and the Supreme Court’s
predecessor, the Appellate Committee of the
House of Lords – become precedents that must be
followed by courts in all future cases. This ensures
that similar cases are treated similarly, which many
people regard as one of the most important
aspects of justice.
https://www.cilex.org.uk/about_cilex/about-
cilex-lawyers/what-cilex-lawyers-do/the-uk-legal-
system
QUESTIONS
1. What court hears serious offences?
2. How many Crown Courts are there in
England and Wales?
3. How many people are there in a jury?
4. What is the role of the Jury?
5. What is the role of the judge in a jury trial?
6. What sentences are available for criminal
offences?
7. Are all criminal offences tried in the Crown
Court?
8. What are the two most appellate courts in
England and Wales?
9. What is the role of the Court of Appeal
Criminal Division?
10. What is the highest court in the UK?
11. Can anyone file an appeal in front o f the
Supreme Court of the UK?
12. What do you call the judges in the Supreme
Court of the UK?
13. How many judges are there?
14. What was the Supreme Court’s
predecessor?
15. Are the Supreme Court decisions binding?
42
 6. Recorders are
COURTS
a. Part-time judges
1. Crown courts hear appeals from
b. Full time judges
a. A county Court
c. Lay magistrates
b. Magistrates’ Court
c. The High Court
7. In the Magistrates’ Court, lay magistrates are
advised by
2. Crown Courts hold trial by jury for
a. A district judge
a. The more serious crimes
b. A legally qualified court clerk
b. The less serious crimes
c. A justice of the peace
c. Indicative offences
8. District judges in Magistrates’ Courts are
3. The QDB is
a. Part-time volunteers
a. A civil court
b. Part-time recorders
b. A criminal court
c. Fully qualified judges
c. Both a criminal and a civil court
9. The Lord Chief Justice presides over
4. Divisional courts are
a. The Supreme court
a. Courts of judicial review
b. Family division of the High Court
b. Courts of appeal
c. The Criminal Division of the Court of Appeal
c. Courts of first instance
10. A recorder sits
5. An appeal may lie from the High Court
a. In the Magistrates’ Court
1. To a county court
b. In the Court of Appeal
2. To the Court of Appeal
c. In a country court
3. To the Crown court

43
Non-jury trials to continue because of Another reason for their use is when there is potential for
jury bias because of a defendant's background.
paramilitaries
By Julian O'Neill BBC News NI Home Affairs
In announcing the latest extension, the government said it
Correspondent30 April 2019 "remains fully committed" to ending judge-only trials
Share this with Facebook
  "when safe and compatible with the interests of justice".

Both Houses of Parliament must approve the move.

QUESTIONS

1. How different is the judiciary in Northern Ireland

from England and Wales?
2. Why are there no juries in certain criminal case in
Northern Ireland?
3. Who are the Paramilitaries?
4. What is the non-jury system called?
5. Who is/ was Lord Diplock?
6. What were the Troubles?
7. When there is no jury in criminal cases in Northern
The use of non-jury trials in Northern Ireland will Ireland, who tries the case then?
continue, with a government review stating they remain 8. What is the justification for trials without a jury?
necessary due to "fear and intimidation" caused by 9. What is the stand of the current government on no-
paramilitaries. jury trials?
10. Can the government decide on its own?
Legislation allowing them must be renewed every two
years.

The security service MI5 and the PSNI both supported the
extension to 2021.

The Northern Ireland Office (NIO) said the "controlling

influence" of paramilitaries meant juries should still not be
used in certain cases.

Intimidated

The non-jury system, named after Lord Diplock, was

introduced in 1973.

At the height of the Troubles, more than 300 cases a year

were tried by a judge sitting alone, but now they number
around 20.

The government technically abolished the old Diplock

courts in 2007.

However, it gave the Director of Public Prosecutions

temporary power to decide that exceptional cases should be
tried without a jury, particularly if he believed there was a
chance of jurors being intimidated.

44
READING

45
Would you let a robot lawyer defend you?
Joshua Browder describes his app DoNotPay as "the world's first robot lawyer".
It helps users draft legal letters. You tell its chatbot what your problem is, such as appealing against a parking
fine, and it will suggest what it thinks is the best legal language to use.
The 24-year-old and his company are based in Silicon Valley in California, but the firm's origins go back to
London in 2015, when Mr Browder was 18.

Since then the app has spread across the UK and US, and it can now help the user write letters dealing with a
range of issues; insurance claims, applying for tourist visas, complaint letters to a business or local authority,
getting your money back for a holiday you can no longer go on or cancelling gym membership. Mr Browder
says the last two uses soared during the pandemic.
DoNotPay now claims to have 150,000 paying subscribers. And while it has its critics, with some saying its
legal advice is not accurate enough, last year it won an award from the American Bar Association for
increasing legal access.
BBC 15 August 2021 (adapted)

VOCABULARY
1. Rédiger TO DRAFT

2. Faire appel TO APPEAL AGAINST

3. Une letter de réclamation A COMPLAINT LETTER / A LETTER OF

COMPLAINT

4. Annuler TO CANCEL

5. Monter en flèche To soar

6. Prétendre To claim

7. Un détracteur A critic (an opponent) Ses critiques sont

acerbes: His criticism IS sharp.

8. Les conseils Advice (coll) ses conseils sont bons= His

advice is good.

9. précis accurate

10. Une récompense, un prix award

QUESTIONS
1. What did Mr. Browder invent? He invented an App giving/providing legal advice in drafting.
2. What kind of help can ‘DoNotPay’ provide? It provides a service that help its users to draft legal letters
for legal issues.
3. How popular is this application? It is very popular. Indeed it has spread to the UK and the US + there
are 150.000 subscribers.
46
 4. Is this App criticized, and why? Yes, it is. Critics say it is not accurate enough.
5. How did legal circles welcome this app, and why? t was warmly welcomed because it increases legal
access.

Writing: write about150-200 words about the issue: Ai and legal work.

47
Would you let a robot lawyer defend you?
Some are pleased to use AI, as the software can be used to quickly trawl through and sort vast quantities of
case documents.
One such lawyer recently used AI in a complex murder trial. The case involved needing to quickly analyse
more than 10,000 documents.
The software did the task four weeks faster than it would have taken humans, saving £50,000 in the process.
More than 300 other law firms in 55 countries also use it, working in 80 languages.

AI can also now help them prepare and structure their case, and search for any relevant legal precedents.
Yet while AI can help write legal letters, or assist human lawyers, will we ever see a time of robot solicitors and
barristers, or even robot judges?
Prof Susskind says in the 1980s he was genuinely horrified by the idea of a computer judge, but that he isn't
now.
He points out that even before coronavirus, "Brazil had a court backlog of more than 100 million court cases.
So if an AI system can very accurately (say with 95% probability) predict the outcome of court decisions, he
says that maybe we might start thinking about treating these predictions as binding determinations, especially
in countries that have impossibly large backlogs.
BBC 15 August 2021 (adapted)

1. Un procès A trial

2. Un logiciel A software

3. Une jurisprudence A legal precedent

4. Aider qn To assist

5. Souligner, faire remarquer To point out

6. Un retard (accumulé de travail, par ex.) A backlog

7. L’issue (fig.) The outcome

QUESTIONS
1. What are the arguments of the supporters of Ai in legal work?
2. How common is the use of AI in legal firms?
3. How can AI assist lawyers pleading a case?
4. Does AI sometimes replace the judge?
Writing: write about 150-200 words about the following issue:
Do you agree to say that AI makes justice more accessible. Explain!

48
What is Judicial Review?
 A Judicial Review is a High Court case in which someone asks a judge to examine whether a minister, official or
public body broke the law in how they took a decision
 It's not new - and every modern democracy has a comparable tool
 The most famous British JR is the Supreme Court's ruling that Boris Johnson unlawfully shut down Parliament
amid the Brexit political crisis
 Most JRs go unnoticed - but they play a crucial role in good governance for many ordinary people who feel they
have been wronged - people like Lucy Burke

Why are JRs controversial?

Only about 5% of JR claims ever reach court and less than half are successful, as detailed in the independent
review of the power, commissioned by the government.
Critics claim many JRs have grown out of control and have led judges into politics, as their courtrooms are
used to fight policy battles that should be left to Parliament.
Why Lucy turned to the law
Lucy Burke's 20-year-old son Danny is a keen weight-lifter and talented skier. He also has autism and a
learning disability so he needs help with a range of everyday things.
The National Institute of Clinical Excellence issued guidance that meant people like Danny could be denied
critical care if hospitals were overwhelmed during the pandemic.
"That was absolutely terrifying," said Lucy. "Danny lives with something which is a stable lifelong difference,
but the idea his dependence on others would be used in a critical care situation was really concerning.
Nobody had stopped to think about that."
And so Lucy began a JR, warning Nice it would end up in court unless it thought again.
It's worth noting that her case is very similar to most of the 4,000 JRs every year - a simple concern of an
injustice, that a court is being asked to examine.

When the agency received her JR threat, it scrapped and rewrote its critical care guidance there and then.
And that is how many JRs actually end - with a decision revised long before the matter gets into court.
BBC July 2021 (adapted)

1. Un handicap A disability

2. Refuser qc à qn To deny sth to sb

3. Les soins intensifs Critical care

4. Être débordé To be overwhelmed

5. Préoccupant concerning

6. Une préoccupation, un souci * A concern

7. Abandonner qc,mettre au rebut (loi, par To scrap

ex)
8. Revoir (une décision) To to revise a decision

QUESTIONS

1. Who is Lucy Burke? Who is Danny? 4. Did Lucy have to go to court?

2. Why was Lucy terrified? 5. What was the outcome of the case?
3. What did she do because she was terrified?

49
Black barrister mistaken for defendant three times gets apology

Criminal and family lawyer Alexandra Wilson, 25, said the experience had left her "absolutely exhausted".
She lodged a formal complaint after being challenged by a security officer, a solicitor and a clerk.
Her Majesty's Courts and Tribunals Service (HMCTS) apologised for the "totally unacceptable behaviour".

Ms Wilson, from Essex, said she had attended the magistrates' court - where barristers' traditional wigs and
gowns are not usually worn - on Wednesday.
Upon arrival, she said a security officer asked for her name and then searched for it on a list of defendants.
"I explained I was a barrister. He apologised and guided me through security," Ms Wilson said.
After meeting her client, she tried to enter a courtroom to discuss the case with the prosecutor.
"Another barrister or solicitor sitting at the back of the court told me to go outside and wait and to sign in with
the usher for my case.
"I explained again I was a barrister and she looked awfully embarrassed.

"This really isn't ok... I don't expect to have to constantly justify my existence at work." She told the BBC she
was "quite often" mistaken for a defendant but never so often in one day, and her experience had made her
realise "it's not nice being a defendant in court". "Everyone should be treated with respect," she said.

BBC September 2020 (adapted)

1. Se tromper, faire erreur, prendre qn pour

qn d’autre
2. Le défenseur
3. Épuisé
4. Faire une réclamation officielle
5. Récuser
6. Présenter des excuses
7. Assister à
8. L’avocat général
9. L’huissier
QUESTIONS
1. What untoward event happened to Alexandra Wilson?
2. What is Ms. Wilson’s job?
3. Why, do you think, she ‘(has] to constantly justify [her] existence at work’?
4. According to Ms. Wilson what is the attitude of the judiciary towards defendants?
Writing: Can you write 150-200 words about stereotypes and prejudice?

Plan to teach new MPs not to lobby judges in England court cases

The Lord Chief Justice of England and Wales is considering the unprecedented step of briefing new MPs that
they must not try to influence judges.

50
Lord Burnett said that the idea was being actively discussed among the senior judiciary because they had less
confidence than before that all parliamentarians understood the independence of judges in the British
constitution.
"There was an unfortunate letter early last week to two senior judges, copied to the trial judge, which
appeared to be an attempt by a group of parliamentarians to influence the outcome of a pending decision,"
he said.
"I'm pretty confident the judges understand where the boundaries lie. But I'm less confident at the moment
that all parliamentarians have an instinctive understanding of where those boundaries lie.
Lord Burnett said he had experience of a "handful" of letters from MPs lobbying judges on behalf of
constituents - but they had always been dealt with the same way.
The judge would reveal the contents of the letter to all those involved in a case - and make clear that that they
were not going to take any notice of it.
BBC December 2020 (adapted)

1. Un projet
2. Une mesure
3. La magistrature*
4. La confiance
5. Un parlementaire
6. Un membre du Parlement britannique *
7. Une tentative
8. L’issue (d’un événement)
9. Les limites (fig.)
10. Au nom de
11.Un électeur dans une circonscription
donnée

QUESTIONS
1. Can you explain who the Chief Justice is?
2. What problem do judges have with the MPs?
3. What is illegal and unconstitutional to do for the MPs?
4. Every time an MP tried to influence a judge how did the judge react?

Writing: can you write abut 150-200 words about lobbies?

51
Northern Ireland’s first Lady Chief Justice has been sworn into office.
Dame Siobhan Keegan assumed the top judicial post at a ceremony in Belfast’s Royal Courts of Justice on
Thursday.
She called on other women to draw inspiration from her appointment.
In 2015, she made history by becoming one of Northern Ireland’s first female High Court judges and was
presiding coroner for Northern Ireland from 2017 until 2020.
Speaking at the ceremony, she said it was “an important day for women in the legal profession”.
“I hope that my appointment highlights the opportunities open to all young women and men alike to progress
in their careers and that it offers some inspiration about what can be achieved,” she said.
Dame Siobhan said she was looking forward to the “undoubted challenge” of her new role.
She paid tribute to female role models in the legal profession who, she said, were “pioneers over the last 100
years in entering what was a male-dominated profession and paving a way for my generation.
“Many of these women are unknown, forgotten, or unrecognized, but they should be remembered today,”
she added.
“I know they would celebrate my achievement.”
BBC September 2021 (adapted)

1. Prêter serment

2. Accéder au pouvoir*

3. Une nomination

4. Souligner, mettre en lumière

5. Atteindre (un objectif) ; réaliser qc

6. Attendre qc avec impatience

7. Un défi

8. Rendre hommage à

QUESTIONS

1. What is the post at the top of the Judiciary?

2. Are there many female High Court judges in Northern Ireland?
3. How does she feel about her appointment? Why?
4. What does she hope for the future?
Writing: can you write bout 150-200 words about equal job opportunities for men and women.

52
53