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1 Warm up
Part A: Decide who is represented by each of the photographs from the following options.
1. 2. 3. 4.
1. a type of lawyer in the UK who gives specialised legal advice and can argue
a case in both higher and lower courts
2. a person who is in charge of a trial in a court and decides how a person who is
guilty of a crime should be punished or who makes decisions on legal matters
3. a type of lawyer who is trained to prepare cases, give advice on legal subjects
and can represent people in lower courts
4. a group of people who have been chosen to listen to all the facts in a criminal
trial and to decide if a person is guilty or not guilty, or if a claim has been
proved
2 Legal vocabulary
Part A: Match the vocabulary with the correct definition.
1. armed robbery (n) a. a covering of hair that can be removed and is worn on the
head to hide a lack of hair or to cover your own hair
2. indictable (adj.) b. a person who sees a crime or an accident
10. wig (n) j. the crime of stealing from somewhere or someone using
weapons
Part B: Complete the sentences with the missing words from Part A. You may need to change the
form of the word.
4. Initially, the man was found guilty, but he made an to a higher court
and was found not guilty.
8. All the details of the case and the witnesses’ statements were contained within the
.
10. Many saw the crime being committed and were able to give evidence.
You will hear a podcast about the roles of barristers and solicitors. State what the following figures
relate to.
1. four years →
2. 220,000 →
3. 250,000 →
4 Listening comprehension
Listen to the podcast again in more detail and choose the correct answer.
a. Family Court
b. Chambers
c. Crown Court
5 Legal vocabulary
Complete the following sentences using the words and expressions below. You may need to change
the tense of some of the words.
2. The prosecuting barrister argued that the defendant was and should
pay compensation.
6. The contract meant she was legally to not spend any of the money.
8. They submitted enough evidence that the was met and the accused
was found guilty.
6 Reading comprehension
Read the three texts about civil, criminal, and common law (page five). Decide whether the following
statements are true (T) or false (F).
1. Under civil law, the person who is accused is known as the claimant.
3. If you are accused of a crime, you always face a trial in the County Court.
5. Judges usually have to follow the decisions made in previous cases to resolve a dispute.
Civil law concerns cases between people or between people and organisations.
Breaches of civil law involve offences that are harmful towards another person,
their rights, or their property. In civil law, the person bringing the claim is called
the "claimant". The person accused is referred to as the "defendant". These types
of cases are typically centred around establishing whether the defendant had a
duty of care towards the claimant or not. Unlike criminal law, you will not be sent
to prison if you are found guilty. Those who are convicted of a civil offence are
however usually liable for compensation. The standard of proof used for civil law
cases is based on "the balance of probabilities".
Criminal law relates to offences that have a negative impact on society, not just
one person. When a person commits a criminal act, in breach of criminal law,
then they will face a trial at the Magistrates’ Court or the Crown Court. If found
guilty of a crime, they will receive a penalty in line with the legislation and
sentencing guidelines. This may be a fine, community order, or even a prison
sentence, depending on the severity of the crime. The standard of proof required
for a conviction is that the crime happened "beyond a reasonable doubt".
Common law is the legal system used in England and Wales. It is mainly based on
the idea of precedent - when a court makes a decision about a case, that decision
then becomes a part of the law. For example, murder is not illegal in England
because of a law made by the government, but because of the decisions of
judges in earlier murder cases. Furthermore, if a court finds that a similar dispute
as the present one has been resolved in the past, the court is bound to follow the
reasoning used in the previous decision. However, it is possible for governments
to add to or modify common law via Acts of Parliament.
8 Talking point
In civil cases, the standard of proof is based on the balance of probabilities, while in criminal cases it
is beyond a reasonable doubt.
9 Legal vocabulary
Complete the definitions by using a word from the box below.
1. submission (n) - a suggestion or request that is given to a judge who is asked to make a
about it
4. Particulars of Claim (n) - a document setting out the case of a claimant that specifies the
relied upon
8. judicial discretion (n) - a judge’s power to make a decision based on their personal
, guided by the principles of law
The judge makes their decision. The losing party normally has to cover the winner’s costs. This
amount is down to judicial discretion.
Parties are required to disclose all the relevant documents in their possession.
Barristers sum up the evidence and make submissions on the relevant law.
A Claim Form is submitted to the court and to the defendant that includes the Particulars of
Claim. This states a summary of the facts against the defendant.
Parties are encouraged to use alternative dispute resolution procedures (ADR) to avoid costs. If
this is unsuccessful, the court sets down a timetable to progress the issue to trial.
The defendant has 28 days in which to respond if they wish to defend the claim.
During the trial, witnesses give evidence. They are cross-examined to reveal flaws in their case.
Witness statements are exchanged, which set out the facts that they will testify to in court.
11 Homework/optional extension
Task A: Complete the following sentences using words or phrases from the lesson.
3. A young woman who saw the accident was called to give evidence as a .
5. The judge followed the and sent him to prison for three years.
7. The original legal had been set three years earlier in a previous case.
Transcripts
Presenter: Hi, and welcome to Law Today. On this episode, I will be speaking to Alma Thomas,
a solicitor, and David Cook, a barrister. So, David, I believe you were in court this
morning.
David Cook: That’s right, I was the prosecuting barrister in an armed robbery case.
David Cook: It ranges from four years to life imprisonment, depending on the details.
Presenter: And which type of court did the trial take place in?
David Cook: In the Crown Court, where indictable offences are heard. These are serious crimes,
such as rape or murder. It is also where appeals against convictions are heard.
David Cook: Well, my job is basically to present the jury with enough evidence to persuade them
that a defendant is guilty of the crime they have been accused of. I argue their case
as strongly as possible, often using my knowledge of legal precedent.
David Cook: Unfortunately for me, the defence barrister does not have to prove that the
defendant is innocent, just that they are not guilty.
David Cook: It depends on the case, but quite often a lot of the pre-trial work is done by a solicitor
like Alma.
Alma Thomas: Yes, I prepare briefs, which give a summary of the evidence we intend to present on
behalf of our client, and detail the witnesses we plan on calling to give evidence. The
defence and the prosecution receive each other’s briefs to ensure a fair trial.
Alma Thomas: Well, I specialise in family law, so my work often revolves around issues like divorce
and separation, child arrangements, and prenuptial agreements. In general, I offer
specialist advice and guide my clients through the legal process. Over 250,000 cases
pass through the family courts each year, so I´m always busy! It is very rare that I
defend them myself in court, although I am permitted to do this in some of the lower
courts.
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Presenter: What other differences are there between a solicitor and a barrister?
Alma Thomas: Erm, most solicitors work for large companies called firms, while barristers tend to
be self-employed.
David Cook: Yes, but we often work in the same offices, known as chambers, in order to share
administration costs. Also, solicitors don´t have to wear a wig when they go to work
as I do! (fading)
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Key
1. Warm up
Part A:
5 mins.
Encourage students to work together and share their answers.
2. Legal vocabulary
Part A:
5 mins.
Check students’ pronunciation of complicated words. Ask students to complete the task unaided at first, but give
them assistance if necessary.
1. → j. 2. → g. 3. → d. 4. → e. 5. → f.
6. → b. 7. → h. 8. → i. 9. → c. 10. → a.
Part B:
5 mins.
Students should use the context of each sentence to guide them, looking at what type of word will be needed in
each sentence.
5 mins.
Students should read the numbers before listening to the discussion. They should get a general understanding of
the podcast while listening to the specific information.
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4. Listening comprehension
5 mins.
Students should listen for key words and synonyms of key words. The answers appear in the same order as the
questions.
1. c. 2. a. 3. b. 4. a.
5. Legal vocabulary
5 mins.
This might be the first time students have come across some of these terms, so help them if necessary. Ask them
to break down some of the expressions, such as "duty of care" in order to arrive at the right answer.
6. Reading comprehension
5 mins.
Make sure that students understand that civil and criminal law are branches of the legal system in the UK, but the
system used is common law.
5 mins.
Explain what arson is and, if necessary. Encourage students to compare their answers.
8. Talking point
5 mins.
Explain that "beyond a reasonable doubt" requires a higher standard of proof as criminal cases are more serious
and often can result in someone losing their liberty.
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9. Legal vocabulary
5 mins.
Explain to students that they should attempt the exercise unaided at first, checking the pronunciation of difficult
words, and asking them to give examples.
5 mins.
Although students might not be familiar with the process, they can look at how the different steps link to one
another to arrive at the correct answer.
A Claim Form is submitted to the court and to the defendant that includes the Particulars of Claim. This states a
summary of the facts against the defendant.
The defendant has 28 days in which to respond if they wish to defend the claim.
Parties are encouraged to use alternative dispute resolution procedures (ADR) to avoid costs. If this is
unsuccessful, the court sets down a timetable to progress the issue to trial.
Parties are required to disclose all the relevant documents in their possession.
Witness statements are exchanged, which set out the facts that they will testify to in court.
During the trial, witnesses give evidence. They are cross-examined to reveal flaws in their case.
Barristers sum up the evidence and make submissions on the relevant law.
The judge makes their decision. The losing party normally has to cover the winner’s costs. This amount is down
to judicial discretion.
Task A:
10 mins.
Students should look back at the previous exercises if they are unsure.
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