JUDICATURE AND THE COURTS OF LAW INTRODUCTION Every year British Parliament makes new laws, which are called therefore Acts of Parliament. The laws, both old and new, are enforced through the various courts of justice, whose duty is to consider the cases of their violation in the country. This procedure is called trying the cases and therefore what happens in courts is called srials. There are two kinds of cases to be tried — criminal cases, where a certain state law js broken; and civil cases, which are quarrels between certain people. That is why in England there are courts of two types — criminal and civil. Serious and less serious crimes are tried in different courts. Serious cases are tried by judges who are professional lawyers, who are paid for their work, in the so-called crown courts, less serious cases are tried by Justices of the Peace, who are neither professional lawyers nor are paid for their work, in the so-called magistrates’ courts. Jn the crown courts the jury of 12 people help the judge with their common-sense verdict to find out whether the accused person is guilty or not. The sentence, which may be severe or lenient, is pronounced by the judge. PRELIMINARY DISCUSSION 1. Do you know how many types of courts we have in Russia? 2. Do we have special courts to try civil and criminal cases like in England? 3. Do we have special courts to try more serious and less serious offences? 4. Do you know that we also had Justices of the Peace in Russia in the past? Why such courts were dismissed? 5. Does a jury of 12 people help our judges to try the criminal cases? What do you think about using the “common-sense” judgements 77of people who are not professional lawyers in the courts of jus- tice — Justices of the Peace, jurymen etc.? Don’t you think that judicial matters should be better left to professional lawyers? Lesson 1: THE SOURCES OF ENGLISH JUDICATURE A. READING City Watchers, Bow Street Runners, Bobbies... In his “Dictionary of the English Language”, Samuel Johnson defined law as “the last result of human wisdom acting upon human experience for the benefit of the public”. Perhaps this is too ideal a statement, for the practice of law is still far from perfection, However, without law in the world, and men and nations obedient to law, human civilization cannot exist. During the Middle Ages, the matters of law and order were the responsibilities of the city’s authorities — the mayor for the whole city and the aldermen for each district in it. The aldermen employed constables known as the City Watch to keep law and order, which was a difficult task. There was much crime in those days, for the old watchmen were feeble and frightened, and the chances for arrest were small. Thieving and robbery were common crimes and punishments were severe. Murderers were boiled alive, robbers had one or both ears cut off and noses slit open; sheep stealers had their hands cut off, vagabonds were whipped in the stocks, and scolds were ducked in the water in a ducking stool. A man could be hanged at Tyburn for any theft above five shillings, until the law was changed in 1807. In the 17th century a public hanging was an entertainment that attracted huge crowds, who accompanied the condemned through the streets with cheers and songs. It was the only “recreation” the poor Londoners could have, and the only “relaxation” was cheap gin. “Drunk for a penny, dead drunk for twopence,” said the familiar gin-shop slogan. Drunkenness, more than anything else, was responsible for the constant mob violence and disorder. It was only in 1751 that the Act of Parliament stopped the worst of the drunkenness in London by making gin much more expensive. The main prisons were Ludgate, used for criminals, and Newgate, which was the prison for debtors. The former still exists but the latter was pulled down in 1902. The Central Criminal Court of London (Old Bailey) was built on its place. Two London judges, who were brothers, Sir John and Henry Fielding, realized how few of the thieves and pickpockets were ever 78 t to justice by the inefficient City Watchmen. They formed a small cea feorcalies the Bow Street Runners, because the Fieldings were magistrates at the Bow Street Court. The Bow Street Runners wore red waistcoats and were often called Robin Redbreasts. They were a detective force rather than policemen, for their job was to raid gambling houses, to pursue robbers and highwaymen and to track down murderers and wanted criminals. Unlike the present-day British police, they were with pistols. ‘ meet ihe place of Bow Street Runners was taken by the Metropolitan Police. Under Sir Robert Peel, who was Prime Minister then, a body of three thousand men was recruited to bring law and order to London. Every part of London was patrolled by a policeman in uniform. The first policemen wore top hats, blue coats, leather belts and white trousers, and each carried a truncheon and a rattle, which was used to call for extra help. At first the «Bobbies», or «Peelers» (as they were called after Robert Peel) were regarded with suspicion, but sensible citizens soon realized the value of their work. The streets became safer. EXERCISES 1. Find in the text the following concepts, check your ability to explain them in English, and add them to your working vocabulary: the aldermen, the City Watch, Tyburn, Ludgate and Newgate, the Bow Street Runners, the Metropolitan Police, Sir Robert Peel, a bobby (a peeler). 2. Write out from the text the sentences or their parts, which contain the words and phrases given below and translate them into Russian: for the benefit of the public, feeble, to split the nose out, the stocks, a scold, the condemned, a truncheon and a rattle, to be regarded with suspicion. 3. Explain in English what is meant by: a sheep stealer, to be boiled alive, a vagabond, a ducking stool, recreations and relaxations, mob violence, a pickpocket, a gam- bling house, a highwayman, a wanted criminal. 4. Answer the following questions: sees 1. What definition of law has Samuel Johnson given in his Dic- tionary? ; i ‘ 2. Whose responsibility was law during the Middle Ages? : 3. Why was it difficult for the City Watch to keep order in public places? : i 4. What severe punishments were common. during the Middle Ages? 5. What was the name of the place for public hangings? For what crime could a man be hanged in those days? 7)6. What was the people’s attitude towards public hangings? 7. What was the chief cause for the constant mob violence? How did the London authorities try to stop drunkenness? Do you think it was a correct measure? Do you know better ones? 8. What offenders were kept in the prison called Newgate? Does it still exist in London? 9, What term was used to refer to the people who replaced the City Watch as public order keepers? Why? What other duties did they have, in addition to keeping order and stopping mob violence? 10. Who was the founder of the Metropolitan Police? What uni- form did they wear? Was it different from that worn by the Bow Street Runners? Do the present-day “Bobbies” still wear it? In what way does it differ? B. GUIDED COMPOSITION ASSIGNMENTS 1. Read the text, find in it the Russian equivalents of the following topical words and phrases: to observe the laws, Witenagemot, the Great Council, to preside over, to be prosecuted, the council of peers, the Statute Law, the debtor and the lender, breach of promise to marry, the Common Law, in accordance with common sense, to be bound to follow, contradiction, a trial by battle, an accuser and the accused, guilty — not guilty. 2. Read the text again, find in it the information about the following questions and, trying to use the words and phrases given in Task 1, answer them in writing: 1. When was the first Code of English Law drawn up? 2: ihalhe ped the Anglo-Saxon kings to look after observation of jaws? 3. What institution replaced Witenagemot under the Normans? The laws of what kind were introduced to replace some Anglo- Saxon customs? 4. What document proclaimed priority of Law over the King’s will? In what words did it express this principle? 5. What institution was made responsible for introduction of new laws and reconsideration of the old ones? What term is used to refer to the laws prepared by this institution? What aspects of social life do they regulate? 6. What is the second source of English law? What aspects of social life do the laws of this type regulate? What does the Code of Common Law consist of? On what principle is Com- mon Law based? 7. What is the English judge supposed to do, if neither Statute Law nor Common Law are helpful in his own case? 8. What happens in case of a contradiction between Common Law and Statute Law? 9. What is a common procedure of the trial by battle? Why is the winner declared Not Guilty? What do you think about this procedure? AHIIMHICKHe 3AKOHBI Tlepspsrt Kogexc anrmiickux 3aKoHoB Obu cocTaByIeH To yKa3sy Kopoa Anb@peza Benuxkoro B IX Bexe H.9. B Hero BOUIN 3aKOHEI O6bMav, KOTOPbIMH NOL30BaIMCh B Yaccekce u Mepcenu. CrequT 3a VCIOJIHCHHEM 3aKOHOB B aHTOCaKCOHCKUM MepvoOy Koposio TOMoral coBeT HamOomee MOTYIIeCTBEHHEIX JIOP{OB, Ha3biBaBliMiica ButeHa- TeMOTOM. BuubresbM 3aBOeBaTeb 3AMCHUII ETO TaK Ha3bIBaeMbIM Be- JIMKMM COBETOM, B KOTOPBIii BOMWIM He TOMKO JOpAbI, HO Mt eIIMCKO- MIbI — 3TO-TO Bpowe BepxoBHoro cya mp Kopoye. Bo Bpema Han6o- ee BAKHBIX MPOWUECCOB Ha CyMe MpelcekarebCTBOBaII CaM KOPOIIb. Tipu BusrenbMe u ero NpeeMHMKax, a TakKXKe BO BPeMA TIpaBeHUA ouHactuu [IanrareneTos B lpaKTHKy cyJONpoMsBoscTBa BxXOLMIM MOpALKH u OGbruaM, pactipoctpaHeHHEle B CeBepHoit Mpanumn, or- Kyla VW TpWiM HOpMaHHel. , ToBonbHo Ronroe BpeMaA HasHaveHMe Haka3aHMA BEITeKAO He 43 3aKOHA, @ 13 CHIOMMHYTHBIX MHTepecos Koposa. DakTMYeCKH TONbKO Bemmkas XapTHa BONbHOCTei, IpHHatad npu MoanHe BessemesbHoM, MoWYePKHYsa MPUOPUTET 3aKOHA, MIPOBOSLIACHB, YTO MOCAMTb B TIOPh- MY, M3FHaTb M3 CTpaHbl WIM Ka3HMTb TBOPAHMHa MOXKHO TOJIbKO 110 PelICHMIO «cya PaBHBIX» MW B COTIACHM C «3aKOHAMH CTpaHbP. Ilocte- MeHHO (POpMyIMpOBaHMe HOBEIX 3AKOHOB M OTMeHa ycTapeBLIMX CTa- HOBHTCA MpeporaTuBoi OcoGoro 3aKOHOLaTeMbHOTO MHCTHTYTa, Ha- SbIBaeMOTO TapylaMeHTOM. 3aKOHbI, IPMHATHIC aHTIMHCKMM MapiiaMeH- TOM 3a JOJITYI0 HCTOPH0 eFo CYMMeCTBOBAHMA, Ha3bIBalOTCA 3aKOHOLa~ TeIbHBIMM aKTAaMH, WIM cTaTyTaMn. B HacTosulee BpeMa ux oKos0 3000, Mi Kaxblli roy WOOaBIAIOTCA BCe HOBbIe M HOBBIC CTaTYTHI, peryupy- JOWMe B3IAUMOOTHOUIEHMA MexXTy rpax_aHaMu MW TrocyyapcTBoM, ori- pellen#0lMe TpaBa H OOM3aHHOCTH KaK OTIeJIbHOFO YENOBeKa, TAK OOM[eCTBEHHBIX HHCTUTYTOB. OgHaKO CTaTYTHI He PeryMPYioT BSAMMOOTHOMICHMA MEX OTACIb- HBIMM JIOXbMM VM OTJebHEIMM MHCTHTyTaMM. BosbMeM, HarlpHMep, B3aMMOOTHOMIEHUA MOXY LOIOKHHKOM MW 3aMMOaBIleM, MexLy COO- CTBCHHMKOM H ero HacwieHUKaMH, MexIly KCHVXOM M HeBeCTON UT. I. OTM BOMpOCk MOAMHAOTCA APYTMM 3aKOHAaM, MMCHYCMBIM B aHr- JMHCKOM cyonpou3BoycTBe o6umMn. Mx ycraHaBaMBaeT He Mapya- 81MeHT, a CaMM CyZbH. B OcHOBe OOMIMX 3AKOHOB NeXT MOHATHE Fopi- AMUeCKOrO MpelleAeHTa, CYTb KOTOPOrO CBOAHTCA K TOMY, ITO CYAbA, BBIHOCA pellieHve MO TOMY WIM MHOMy YacTHOMy Boripocy, oGA3aH IIPMHMMaTb BO BHAMaHHe TO, Kak B aHaJIOTMYHOM cyyyae MocTyMmamH ero MpezWecTBeEHHUKH. A ecm TaKMX ciy4aeB elle He ObUIO B IOpHan- yecKOM MpaKTHKe, TO CYAbA, PYKOBOUCTBYAC 39paBbIM CMBICJIOM, BBIHOCHT COOCTBeHHOe pellleHHe, KOTOpoe Apyrue cynEu SymyT o6s3a- HbI IpHHMMaTb BO BHMMaHMe, CTOKHYBIIMCh C aHaIOTMYHBIMH Mpo- Onemamn. B cryyae npoTHBopedua Mex MpewMHcaHMAMH OOUero 3aKOHa H TlapMaMeHTCKOrO CTATYTA, CYAbs NOULKEH CyIeMOBATb YKAsaHMAM ITOC- memuero. Hanpumep, B JaIeKOM MpOUWIOM B OMpeseyeHHbIX cTyyaAx Cy MOr peKOMeHAOBATb PeLIMTb THKOY TAK HA3bIBAeMBIM «CYCOHbIM TIOCMHKOM»: OOBMHACMBI M OOBMHUTEeNb Opanuch 3a OpyxkKue HM Apa- JIMCb B MIpucyTcTBMM cysel. MobequBunit B MoeqMHKe OObABIAICA MmpaBoit cropoHoH, a NOGexTeHHbIi MpM3HaBasicA BHHOBHBIM. Ceit- wac, pasyMeeTCA, CY[bd He MOXeT CCbINAThCA Ha MOMOOHHIE Mpewe- THT, MOTOMY YTO CCTb COOTBETCTBYIOMIMM MaplaMeHTCKMit cratyT, TIPeAMTHCbIBAIOLIM Gonee WMBYJIM3OBaHHbIle MpoueLypbl. C. ORAL COMPOSITION ASSIGNMENTS 1. Read the text and find in it the Russian equivalents of the following topical words and phrases: Great Train Robbery, cases of disorderly conduct, to appear in the docks, to slander, to disturb the peace, to teach smb a lesson, the lower and upper classes, to cause smb’s displeasure, to sit in judgment on a case, a landlord, to cultivate the land, to discharge one’s duties, foolish wigs and long gowns, to lose one’s bear- ings, during the trial, the jurymen, teenage delinquency. 2. Using the words and phrases given in Task 1, write your summary of the text, in which you must emphasize (a) its subject matter, (b) the facts discussed, (c) the author's point of view on them, (d) your own opinion about these facts. 3. Be prepared to speak about this text in class using your summary. CygonpoxssocTso no-anraniicka Aurmmiickuit KoweKc 3aKOHOB, Moxaryi, caMblit 3anyTaHHbilt B mupe. Harv 1opucTbl TpaTaT 10 CeMb M axe OoMbLe TYAWIMX JeT XV3HH, YTOOLI OCBONTS CBOIO Npodeccuto. OAHAKO Ha MpakTMKe MM 82 OBONLHO PEAKO MPHXOMMTCsH MOMb30BaTECA MpHOOpeTeHHOHt OpyAH- uel, MOTOMY ITO B OCHOBHOM OHM MMeIOT He He C «BeIMKUMM orpaGieHUAMM MoestOB», a C Kyda Somee pacmpocTpaHeHHBIMH CJty- yadMM HapyWieHMA OOULECTBeEHHOrO TOpAsKa, KOTOpbIe, KaK H3BeCT- HO, MMeIoT KiaccoBbie KOpHM. [TpescTaBuTesM BbICIUHX KTAaCcoB pex- KO TlOMagaioT 3a TakMe MperpelieHHA Ha CKAMbIO MOJCYAHMBIX, MO- CKONbKY, CCIM, HaMpHMep, Ha HUX KICBeLLYT, OHM BO3OyKaAIOT B cyze We0 0 Knesete. [pexctaButemH 2Ke HUSLIMX KaCCOB B AHAOrMd- HBIX C/LY4asIX «HapyWaioT OOeCTBeHHbIi MOpsATOK», T.e. ObIOT KTe- BeTHMKa NO (busHOHOMHH B ma6e... JloctaTouHo HeCKOMbKO pa3 MoOLIBATS B CyaX M MpHCAYMATLCA K B@KIMBOH, yBepeHHOit, Mpucylleit BbICIIeMy KMaccy peu cynel Mu aJBOKaTOB, a 3aTEM K HerpaMOTHOH, 3anMHaloulelica pew OOBHHAe- MBIX, HM BbI MOiiMeTe, YTO MaBHas 3amaua HALIMX CyOB — Mpemogzath ypok Hu3iemy Kilaccy. TakuM o6pa3oM, Gomtee HIM MeHee OOCOLICH- Hoe oMpeseneHve MpectymieHua B AHIIMM 3BYUMT Tak: MOBeqeHHe HU3WeFO KIACCA, BISHIBAIOINCe HEYIOBOMbCTBHE BbICLUCTO. Bocnutanne, oOpazopakue, mpoibeccuoHatbHas MOzrOTOBKa, 00- pa3 XV3HM sogel, 3acesaloluHX B HalWMX Cymax, MpeciesyIoT OAHY Uelb — M30NMpOBaTh CeOsA OT IMOLIMIt, 3a50T HM PeabHbIx (bakKTOB, U3 KOTOPbIX CKabIBACTCA KUSHb GOONUINHCTBA JOMelt, MpescTaIoUAx Tlepey, HMMM B cyze. Kak H HeKOTOpbIe MOMELUMKH, B Miasa He BYaB- UIMe CBOMX 3eMesb, CYA HM aLBOKaTbI LOObIBAIOT CpeCTBa K CBOeMy CYIWCCTBOBaHHtO Ha MOAX XKM3HEHHOTLO OMIbITa, KOTOPbIX OHH H HE BUAeIM; Ha MONAX, OOpaSaTHIBaeMbIX JIOADMU, UyBCTBa HM 3a60THI KO- TOpbIX HM COBepLICHHO uyxbI. Bytb 9TO HHave, OHH He MOI Obl BEITONHATS CBO OOA3AHHOCTH B Cyae. Y 9THX MOXKMJIBIX [DKEHTJLbMe- HOB B AypaliKux NapuKaX M AWIMHHBIX MaHTHSAX, KaK M y BCeX TpOuMx TipescTaputesteit ryMaHMTapHEix Mpodeccuit AHTIMM, CCTb BaxKHOE Tipe- MMYL€CTBO — TOMbKO OHM MOTYT YCTaHaBIMBaTh MpaBnsta, KOTOPbIMH PYKOBOACTByeTCA MX Mpodeccus. OHH NOXOX%KM Ha Bpayeli, KOTOpBIe TOMY MpaBo M30OpetaT GomesHH. Y umx cbantactTvueckue MmpescTapleHia 0 KH3HH. Bombiiad Mx YacT BOOOIe NOTepsa BCAKYIO OPHCHTALMIO B OKpyxKalollemM Mupe. Tero CTOMT OAMH MpevcTaBUuTentb OOBMHEHHA, KOTOpbIii BO BpeMa cya Had vigvatenamu KHurM salam MpHcs>KHbIM Kaccuuecknit Bompoc: «Paspe1mMM Obl BI YHTATb MOsOOHyI0 KHMTYy Baum cutyram?> Vm mocayuialire mpessoxeHuec, BbICKaSaHHoe Cy- abel u3 rpadcrsa Sccexc: «ATo6p! ocraHOBHTb MpaBoHapyWleHHA CpenHt TOMPOCTKOB, HYXKHO, YTOObI MaTepH OAeBANM UX B WETCKHe KOCTIOM- uuku. Koporkve WTaHWlikH He MO3BONAT MAIBYMKy MoOspaxaTb T10- cTylkaM xysMraHop». Camoe 3a0aBHOe, YTO CybH H aBOKAaTbI Ha MOI- HOM CepBbe3e JOKA3bIBAIOT MOMOOHbIe SMarormyrocTH CCbIKAaMM Ha BCEBO3MOXHEIC M . VW ecm o# OTKa3biBaeTca MIpH3HaTb CeO BUHOBHBIM, MIpo- Uelypa FOKasareMbCTBa ETO BHHEI MOXCT 3aTAHYTbCA HanoNro, M0- CKONBKY HCOOXOAMMO BbICAYIUATh WIMHHEIe Pey aBOKATOB Mf TOKa- 3aHMA CBueTeeH. Cuaama BbICTyMaeT IpescTaBuTenb OOBMHEHMA, 3a HAM — MIped- CTABUTeEMb 3all[MTbI, a MOTOM CyAbs LaeT CBOe KpaTKOE 3aKIIIOUCHHE 10 TOBOLY YCuIbIWAHHOrO. 3aTeM HacTaeT Yepe AOrIpoca cBuseTench, u TepBLIMM BbIZbIBAIOT CBueTeIel OOBHHEHUA. OHM KIAHYTCH «rOBO- PITb NpaByy, BCIO MpaBsy M HUYErO, KpoOMe npaBybl>. Bnpouem, TOBO- PUTb OHM MOFYT, TOMDKO OTBEYAA Ha BOMPOCb! CYAbM M1 3allMTHHKa oOBHHAeMOrO. OGDTYHO 9Ta Tipouledypa HasbiBaeTCA MepeKpecTHIM JoripocoM. CBneTeb MOXET TOBOPHTh TONbKO TO, YTO 3HaeT CaM, a He MOHacabIIKe. CylbA HMeeT MpaBo BMeLUATHCS, CCIM CUMTAeT, YTO CBHACTEMO 3alaloT HCKOPPCKTHbIe WIM «HaBO_MUMe> BoTIpocEl. 3a- MIMTHHK CaM MOXeT BbISBaTb CBM eTeIeH SalltMTbl, KOTOPEIM 3aaioT BOMPOCbI CYbA H MpesxcTaBuTerb oOOBuHeHUA. Tlocne ompoca cBHse- Tenelt 3allMTHHKy Vi OOBHHUTeMO OTIATD TjaxOT BO3MOXKHOCTh BbICKa- 3aTbCH, TOCHe YeTO CyAbA COOGIMaeT CBOE PesIoMe. B3aTeM MpHcwKHLIe 3aceAaTeIM YAANAIOTCA B COBEILATEIBHY!O KOM- HaTy, YTOObI BbIHECTH CBOM BepmuKT. CormacHO aHTIMiicKMM 3aKO- HaM, BHHa OGBHHAeMOFO CUNTAeTCA WOKA3aHHOM, CIM OHA «HeECOM- HeHHa>, H MOSTOMY BbIHECeHHbIM BEpHUKT LOWXKEH ObITb eAMHOrIAc- HbIM. Ilo BOSBpaLeHHM MpHCsKHBIX B 3ad Cysa MX CTapIIMHa, B OTBET Q7Ha BOMpoc, CYTAaIOT JIM OHM apeCTOBAHHOTO BMHOBHBIM WIM HeBU- HOBHBIM, OialtiaeT petlleHve MIpHcwKHBIX sacegatene. B cnyyae ecru TIpMics>KHBIe TAK M He CMOMIM MpuiiTH K eNMHOMy MHeHMIO, Cys Mepe~ HOCHTC Ha [pyroe BpeMs C ApyrMM cocTaBoM sacesaTemen. Ecrb ellie OMMH WHTepecHBIit MOMeHT, KacatolMlica MpoueLypbI cya. Y nomMuMM MoryT OEITS aHHBIe O TOM, YTO 3a TIOACYAMMBIM YHCHATCA Kakve-To MpoulEre Mperpetenua. Ho sty uHdopmalivio ona MMceT TIpaBO MipeMaTb PIACHOCTH TOMBKO TOCM€ BbIHeCeHMA MPHCsKHBIMH 3a- ceflaresiamu Bepguxta. [leno B TOM, ITO HarW4Me WIM OTCyTCTBHEe THX JaHHEIX He JOIDKHO BIMATS Ha BEPAMKT MIpHCsDKHEIX, HO OOBIMHO TIpH- HMMAacTCA BO BHUMaHHe Cy/OM TIpH BbIHeceHHM mpuroBopa. BrepBple TIPeCTYMMBIIMe 3AaKOH 3aciy2KMBaloT Gomee MarKOTO Haka3saHHs, UCM PeHMIMBHCTHI, OCOGCHHO C BHYLIMTENbHEIM . C. ORAL COMPOSITION ASSIGNMENTS 1. Read the text and find in it the Russian equivalents of the following topical words and phrases: to turn one’s face to, to lock smb up, a partner, “chum”, to make a single move, interrogation, a police station, Standing Committee on legislation, preliminary inquiry, the Ministry’s spokesmen, to be detained, detention, the detained, violation of the human rights, to go to extremes, “behind bars”, a rule-to- law state, a prosecutor, a defendant, entailment of smb’s rights, Lincoln’s Inn, the barrister’s chambers, to open numerable wrong doors, the melting pot of, the Inns of Court, a defender, offenders, to entrust one’s fates. 2. Using the words and phrases given in Task 1, write your summary of the text, in which you must emphasize (a) its subject matter, (b) the facts discussed, (c) the author's point of view on them, (d) your own opinion about these facts. 3. Be prepared to speak about this text in class using your summary. Auris: o6pa3e, npasosoro rocyzapceTBa? 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OTO wenbiit KBapTal, Te OTATCA OecuMCNeHHBIe aLBOKATCKMe KOHTOPEI, apXMBBI, TMcYeOyMaxxHbIe aBKH. Tysa MbI MU OTHPaBMIHCh © TlepeBoy- uMKOM. A TaM 6e3HaleKHO TEIKAJIMCh BO BCe BepH OfPOMHOTO KOMII~ mexca. Hakone moma, Kya HYKHO. TIpamo kK nenyy. OGexamu B OTPOMHOM sare. 3a OTMEbHBIM CTONOM CHNeMM CyMbH aBOKaTBI, 32 apyruM — cTyneHTEI. Fy1aBHoe B MX MOATOTOBKe — MOBAPHTEOA B KoTIIe CBOeTO : OOMATCH, MPHICMATPMBAIOTCA, BXOMAT B POub TIpaBo3acTyIIHMKOB, KOTOPBIM COrpewMBIIMe Tepes 3aKOHOM rpaxkia- He 6ylyT Bpy4aTb CBOM CybOBI. TO. ®eod@anos. Tipasocyaue Ha BpuraHcKux OcTpoBax Lesson 3: THE SERVANTS OF LAW A. READING The Lawyers One of the peculiarities of English history is that Parliament and the Courts of Law took their authority from the King. The word “court” 89was originally used in a wider meaning — “the King’s servants”. The King used “to hold court” to discuss with his “courtiers” various prob- lems of state and law. Later, the word “court” acquired a specialized meaning: a meeting of the King’s officials called “justices” to adminis- ter law in the King’s name, The lower courts are presided over by the justices called magistrates, the higher courts — by judges. The difference between the magistrates and judges is that the justices of the first type are not professional lawyers. They are not expected to have any specific qualifications other than honesty and soundness of character. They are called Justices of the Peace and receive no payment for their work in the court. The judges preside over higher courts. They are members of the legal profession. In Great Britain the legal profession consists of specialists of two types: solicitors and barristers. When a person is in trouble with law, he goes to the Advice Centre to consult a solicitor (from Latin sollicitous which means “full of sympathy”). The solicitors are also specialists in writing legal documents and can give legal advice on legal problems, collect evidence for their clients and speak for them in the lower courts, i.e. the courts trying not very serious cases. If a case is more serious or difficult, it goes to a higher court, and a client’s solicitor engages a lawyer of the second type called barrister (from the word “bar”, which, among other meanings, also means “law”) who will represent the client in the higher court as his advocate. In other countries the lawyers get professional training at the Facul- ties of Law at the universities. In England the members of this profes- sion formed their own Colleges outside the universities. This training is conducted by lawyers’ corporations themselves. The people enter these corporations as students and remain their members after their gradua- tion. In order to become a solicitor, a person must spend some time wor- King for some established firm of solicitors and pass the examination of the Law Society. Many of them first graduate from the university (spe- ialization does not matter), but it is not obligatory. More important is their practical experience gained under the supervision of fully-quali- fied specialists. Often they do not receive salary, training itself is sup- posed to be a compensation for work. In this case they are called arti- cled clerks. Some firms even today have offices that did not alter much from the time of Charles Dickens. The older a firm, the more presti- gious it is. To be a barrister, a person must pass the Bar examination in one of the four corporations called the Inns of Court (Lincoln’s Inn, Gray’s Inn, the Inner Temple, and the Middle Temple). In order to pass this examination, he must study for twelve terms at his Inn. The student may do it on the part-time basis, working as a solicitor or attending a university. After “passing the Bar” he begins his professional career, joining the “chambers” of some established barrister, and for some 20 ry little money. At this stage he will ea a he is “at the Bar”. By the end of his eae he ns ee aes 7 i “to take silk” as this hono ¢ ane cue eat ats In this case he will say that he is “within t salary Bar”. years he will be earning ve EXERCISES ility to explain ind i vil epts, check your abi in the text the following conc vou ne . on English, and add them to your working o ~ a scape i he Advice Centre, ‘ of Law, magistrates, ary eee the Law Society, articled clerk, the Inns of > a Queen’s Counsel. » sentences or their parts, which contain t he words and phrases given below and translate them into Kussi a ‘ to administer law, specific qualifications, a legal Sn eninge a lawyer of the second type, the lawyers’ corp 2. Write out from the text the Explain in English what is meant by: - ook d el the soundness of character, members of ea srofess to give a legal advice, to collect evidence, E ad ee the part-time basis, to join the established pat eran to pass the Bar, to be at the Bar, to be within Bar, to take silk. i estions: 4, Answer the following qu 1, What is in common between the Rove Co : Law? Which meaning of the word “co which is secondary? 2. What is the main function of 3. What term is used to refer tot Mention two points in which they igher courts. j a inten We ee eeae a person go in England if he is pe ve E What is the etymology of the word “solicitor”? nae 2 : itors supposed to know in order to function as their profession? 6. Can solicitors help t law? In what courts c one “barrister”? When is it 1 Malet ae come oe Eh eerisae) In what way does a client to enga; i necessary for a client ig i i hat in professional training of English lawyers differ from tha other countries? nd the Court of is primary and i ‘? the English Court of Law? he members of the lower courts? differ from the members of heir clients during the trial in the coun an they appear as their clients’ advo-8. When does an English lawyer join a lawyers’ corporation he wants to work for: before professional training, in the process of getting it or after he completed it? 9. Where does a would-be solicitor get his professional qualifica- tions? Is it a higher educational establishment with a university status? 10. Where do the would-be barristers study? How long? What ex- pression is used to refer to the final examinations in this insti- tution? What is the difference between being “at the Bar” and “within the Bar”? 11. Do you know what the title “Queen’s Counsel” means? B. GUIDED COMPOSITION ASSIGNMENTS I. Read the text, find in it the Russian’ equivalents of the following topical words and phrases: “Jegal administration”, to administer law, the dark blue helmet, the initials ER surmounted by a crown, “Black Maria” (panda car), a walkie-talkie, a badge showing the rank within the force, a constable, a Commissioner, flat caps, the Traffic Wardens, the CID (the Central Investigation Department), plain clothes men, the Murder Squad, fingerprints, to inflict a punishment, to be placed on probation, a probation officer, young offenders, the “approved schools”, borstal institutions, under control of the Home Office, the Prison Board, the capital punishment, to be suspended, to be abolished, the opinion polls. 2. Read the text again, Jind in it the information about the Sollowing questions and, trying to use the words and Phrases given in Task 1, answer them in writing: 1. What is the difference between the notions “administration of law” and “observation over its maintenance”? 2. What are the British Police officers sometimes affectionately called? 3. What uniform do the English policemen wear? 4. In what cars do the police move around during their working hours? How can you call the police car to the place of mob violence? 5. What are the police officers equipped with, so that their com- munication with headquarters may be quick and easy? 6. What does the badge worn by police officers show? 7, What uniform do the Traffic Wardens wear? What term is used to refer to the CID men? Why? i lice? is the headquarters of the English pol a bie of punishments may be inflicted on the affonders . in England? What is meant by placing on probation”? Is alty still used in England? : : 10. 7 te they call the special Sete omen for young of- { rs, where courses of training are given? 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