TYPES OF LEGAL PROFESSIONS IN GREAT BRITAIN AND THE...

Українська академія банківської справи Національного банку України

Кафедра іноземних мов

TYPES OF LEGAL PROFESSIONS IN GREAT BRITAIN AND THE USA

Методичні рекомендації

для аудиторної та самостійної роботи

Для студентів 1 курсу спеціальності “Правознавство” денної форми навчання

Суми УАБС НБУ

2005

УДК 811.111:34(073) B42 Рекомендовано до видання методичною радою банківського факультету Української академії банківської справи Націона-льного банку України, протокол № 10 від 29.06.2005. Розглянуто та схвалено на засіданні кафедри іноземних мов, протокол № 19 від 09.06.2005.

Укладач асистент

Т.І. Шалімова

Рецензенти: кандидат філологічних наук, доцент

Сумського державного педагогічного університету ім. А.С. Макаренка Л.М. Гаврило;

кандидат філологічних наук, доцент І.В. Соколова

Відповідальний за випуск

кандидат філологічних наук, доцент І.А. Бокун

В42 Types of Legal Professions in Great Britain and the USA:

Види юридичних професій у Великобританії та США: Методичні вказівки для аудиторної та самостійної роботи / Уклад. Т.І. Шалімова. – Суми: УАБС НБУ, 2005. – 26 c. Методичні вказівки складені за навчальною програмою викладання англійської мови з курсу “Англійська мова” для спеціальності “Право-знавство”. Видання спрямоване на поглиблення знань студентів юриди-чної лексики англійською мовою, на розвиток самостійного мислення та вміння застосовувати отримані знання на практиці. Призначені для студентів 1 курсу спеціальності “Правознавство” денної форми навчання.

УДК 811.111:34(073)

© Українська академія банківської справи Національного банку України, 2005

TABLE OF CONTENTS PREFACE ..................................................................................................... 4 SECTION I. FROM THE HISTORY OF ENGLISH LEGAL PROFESSIONS............................................................................................. 4

1. THE QUEEN’S COUNCIL................................................................ 4 2. IT IS INTERESTING TO KNOW ..................................................... 6

SECTION II. LEGAL ORGANIZATIONS IN GREAT BRITAIN ........... 7 1. COURT SYSTEM OF GREAT BRITAIN ........................................ 7 2. CRIMINAL JUSTICE ........................................................................ 9

SECTION III. TYPES OF LEGAL PROFESSIONS IN THE U.K. AND THE USA .......................................................................................... 10

1. WHAT IS THE DIFFERENCE BETWEEN A JUDGE, A BARRISTER AND A SOLICITOR?........................................... 11

2. WHAT CONSTITUTES THE PRACTICE OF LAW? ................... 15 GLOSSARY................................................................................................ 16 TEST QUESTIONS.................................................................................... 24 REFERENCES............................................................................................ 24

Українська академія банківської справи НБУ 4

PREFACE Вступ

Комплексна підготовка фахівців у галузі правознавства передба-чає вивчення іноземної мови для розвитку особистості в цілому. Дані методичні вказівки спрямовані на розвиток навичок читання та кому-нікативних вмінь. Методичні рекомендації складені за навчальною програмою “Business English” для спеціальності “Правознавство”.

Метою даних методичних рекомендацій є: • допомогти студентам розширити мовний запас та ознайомити з

правовою лексикою, яка подана в наведених нижче текстах; • розвинути навички роботи зі словником; • вдосконалити навички роботи з текстами юридичного профілю; • розширити знання студентів з теорії правових систем англомовних

країн. Методичні вказівки складаються з трьох частин. Кожна частина

містить текст та вправи до нього. Студенти повинні не тільки розуміти тексти, а й вміти оперувати

необхідною лексикою під час обговорення тексту. Дані методичні рекомендації можуть використовуватися як для

самостійної, так і для аудиторної роботи.

SECTION I. FROM THE HISTORY OF ENGLISH LEGAL PROFESSIONS

1. THE QUEEN’S COUNCIL Prereading questions

1. What are the main legal professions in Great Britain? 2. Who is the head of the country? 3. What are the duties of the Queen?

Task 1. Read the text and answer the following questions. Queen’s Counsel during the reign of a male Sovereign known as

King’s Counsel (KC), are barristers appointed by patent to be one of “Her Majesty’s Counsel learned in the law”. They do not constitute a separate order or degree of lawyers. But whilst utter barristers are called to the Bar by their inn of court, the Queen’s Counsel are called by the Court within the Bar. They are thus more than merely a professional rank, as their status is conferred by the Crown and recognized by the courts.

Queen’s Counsel has the privilege of sitting within the Bar of court, and wears silk gowns of a special design (hence the informal title Silks).


History The Attorney-General, Solicitor-General, and King’s Sergeants were

King’s Counsel in Ordinary. The first Queen’s Counsel “Extraordinary” was Sir Francis Bacon, who was given a patent giving him precedence at the Bar in 1597, and formally styled King’s Counsel in 1603. The absolute rank of Sergeant-at-Law was formerly more senior, though it was over-taken formally in the 1670s, and professionally in the course of the late eighteenth century by the newer rank. The Attorney-General and Solicitor-General, had similarly succeeded the King’s Sergeants as leaders of the Bar in Tudor times, though not technically senior until 1623 (except for the two senior King’s Sergeants) and 1813 respectively. But the Queen’s Counsel only emerged into eminence and integrity in the early 1830s, prior to when they were relatively few in number. It became the standard means of rec-ognizing that a barrister was a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional impor-tance to become a QC, and the sergeants gradually declined. The QCs in-herited not merely the prestige of the sergeants, but enjoyed priority before the courts.

Queen’s Counsel and sergeants were prohibited, at least from the mid-nineteenth century, from doing chamber work. They were briefed to-gether with a junior barrister, and they had to have chambers in London. In Scotland, a separate roll of Queen’s Counsel was created only in 1897, with the first appointed 1898. Formerly, the only QC appointed from the Scots Bar was the Law Officers, and the Dean of the Faculty of Advocates. Till 1920 in England and Wales they had to have a license to appear in criminal cases for the defense. On appointment, QCs renounced the preparation of written pleadings and other chamber practices. Queen’s Counsel was tradi-tionally selected from barristers, rather than from lawyers in general. This was because they were counsel appointed to conduct court work on behalf of the Crown. Although the limitations upon private employment were gradually relaxed, they continued to be selected from barristers, who had the sole right of audience to the higher courts.

However, in 1994 solicitors of England and Wales were entitled to be admitted to the upper courts. Some 275 were so practicing in 1995. In 1995 these solicitors alone became entitled to apply for appointment as Queen’s Counsel. The first such was appointed March 1997 (On 27 March 1997, of the 68 new QCs announced, two were solicitors. These were Arthur Mar-riott, partner of the London office of the American law firm of Wilmer Cut-ler and Pickering, and Dr Lawrence Collins, a partner of the City law firm of Herbert Smith).


Today Queen’s Counsel is generally retained in Commonwealth Realms

where Queen Elizabeth II is head of State, and elsewhere the style is now Senior or State Counsel. The appointment of Queen’s Counsel has been suspended and there is a consultation under way in the United Kingdom as the Government intends to reform the position of Queen’s Counsel. One possible reform would involve professional bodies rather than the Crown appointing QCs, which would involve changing the title to Senior Counsel. 1. Who was the first Queen’s Counsel? 2. What were the ranks of law in the past? 3. Who was a senior member of legal profession? 4. What is the Queen’s Counsel? 5. What can you say about Scottish Queen’s Counsel? 6. What is the role of Barristers in Queen’s Counsel? 7. What can you say about today’s Queen’s Counsel?

Problem questions 1. What do you think if it is necessary to provide any reforms in the sphere

of legal professions in Great Britain? 2. What can you say about the necessity of providing any reforms in the

sphere of legal professions in Ukraine? Explain your point of view. 3. Do you want to live in a monarchy country or presidential country?

Prove your opinion. 2. IT IS INTERESTING TO KNOW Why are wigs worn by lawyers?

Fill in the missing words from the table. history universal combined occurrence required permission stylized regulations short natural permitted combined profession abandons turbans disapproval Although English legal dress has a long ….., it has for the most part

evolved in the same way as common law, without written …... Before the 17th century lawyers did not wear wigs, but professional discipline …… that their hair and beards should be moderately …... Nevertheless, the in-troduction of wigs into polite society in the reign of Charles II (1660-85) was an innovation which could not be resisted! After a period of ……, wigs were generally assumed by lawyers in the 1680s. Early wigs are diffi-cult to identify in portraits of the period because they were of a ……. color and were sometimes …… with a lock of growing hair at the forehead. However, wigs soon became larger and increasingly …... By the middle of the 17th century wigs of powdered white or grey hair were the …… cus-tom, but during George III’s reign (1760-1820) wigs went rapidly out of


general use. Although bishops were given royal permission to ….. their wigs in the 1830s, this was not necessarily true of other officials. There is a story that Lord Eldon, the Lord Chancellor of the day, was refused ….. to leave off his wig at court! In the 1860s the counsel was ….. to remove their wigs during a heat wave – this attracted some comment in the press and it was suggested that wigs were abandoned altogether by the legal …... How-ever, the proposal met with little ….., though it has been a common ….. ever since for judges to allow wigs to be left off in very hot weather, and sometimes ….. are allowed to be worn instead of wigs on religious ground.

1. What new information have you learned from the text? 2. What new words have learned? Make up your own sentences with

these words. Discussion

1. Do you think if the wig is a good uniform for a judge? Prove your opinion.

2. Compare the dress of English judges and Ukrainian judges.

SECTION II. LEGAL ORGANIZATIONS IN GREAT BRITAIN

1. COURT SYSTEM OF GREAT BRITAIN Look through these words and give Ukrainian equivalents. Read the text & fill in the missing words from the table.

Lord Chancellor Lower courts Chancery Division Criminal Division Court of Appeals circuits County Courts High Court Westminster Palace legal system suits for damages doubt Master of Rolls relations Family Division judiciary three review property arrangements resort separate judge Queen Lord Justices major criminal cases selection intermediate

The House of Lords is the highest court in England. It is usually com-posed only of the Lords of Appeal in Ordinary. The ….. is the highest judge in the Kingdom. The other Lords have been promoted from the regu-lar English courts or from the Scottish or Northern Irish.

The House of Lords hears appeals from the English ……. In excep-tional circumstances it may hear direct appeals from the High Court. It also is the final appellate court for Scotland and Northern Ireland. It is thus a secondary court of appeal, the court of last …... The House of Lords con-siders only those cases in which important legal questions are in. The law lords normally sit in panel of five. The Lord Chancellor names the five lords who will sit on any given case. Normally they sit in a small committee


room in … The ….. appellate tribunal is the Court of Appeal. The Master of Rolls and fourteen Lord Justices constitute this court. The ….. is the pre-siding judge of the Court of Appeal. He is normally served in other judicial offices before being promoted to this post. The ….. are also promoted from the judicial ranks. They are normally judges who have proven their abilities on the trial bench. For civil appeals, the court normally sits in panels of ….. Lord Justices, with the senior Lord Justice (or the Master of Rolls, if he is part of the panel) presiding. The Court of Appeal hears appeals from the High Court and from a few specialized administrative tribunals.

The ….. of the Court of Appeal hears appeals from criminal convic-tions. Criminal appeals are usually heard by a panel of three judges.

The High Court is a small tribunal with more than 75 judges. The ….. formally appoints the judges, on the recommendation of the Lord Chancel-lor, who makes the real ….. . The court is subdivided into three separate divisions, which are independent of one another. The divisions are the Queen’s Bench Division, the ….. and the …... The Queen’s Bench Division is concerned with the ordinary business of the common law…. The Chan-cery deals with business of the business law and the ….. . The Family Divi-sion deals with cases involving family.

Each division has its own presiding ….. . The Lord Chief Justice heads the Queen’s Bench Division; the Vice-Chancellor heads the Chan-cery Division and the President heads the Family Division. Justice in minor civil cases is administered in the County Courts. There are about 125 county judges. They sit on circuit and hold periodic sessions at several hundred courthouses scattered around the country.

…... have very severely limited jurisdiction. They have only limited equitable jurisdiction to issue orders compelling persons to do (or refrain from doing) certain things. Except for a few cases in which they are spe-cifically authorized to ….. the decisions of administrative authorities, County Courts have no power to consider appeals against administrative decision-making. The Crown Court was created as a modern administrative structure to replace many courts of ancient vintage: the Assizes, the Quarter Sessions, and the Central Criminal Court. The Crown Court is organized into ….. . The circuits approximate those of the old Assizes system.

The Crown Court has jurisdiction in ….. ….. ….., those punishable by substantial periods of imprisonment. It sits in all of the important centers of the nation. The vast majority of criminal cases are likewise handled in ….. . At some stage in the proceedings, almost every criminal case is considered in a Magistrates’ Court. Cases involving minor offences begin and end there. Cases involving more serious offences normally go through prelimi-nary stages in these lower tribunals before being referred to higher courts


for trial. The ….. also includes juvenile courts (which deals with offenders under 17) and coroners courts (which investigate violent, sudden or unnatu-ral deaths). There are administrative tribunals, which make quick, cheap and fair decisions with much less formality. 1. What are the main political parties in Great Britain? 2. What is the Court of Appeals? 3. What are the duties of Magistrate’s court? 4. Who are the coroners?

Group-work 1. Form two groups:

a) imagine that you are in the Crown court examining the case; b) imagine that you are in the Appellate court examining the case;

Show the stages and differences of the proceedings. 2. Compare the Court system of Great Britain and Ukraine.

2. CRIMINAL JUSTICE Look through the words and explain their meaning. Read the text and fill in the gaps.

fact witnesses murderer Innocent barrister guilty counsel defending cross-examination prosecution unfair differ true court evidence jury judge fact twelve accused

The criminal trials in England ….. from criminal trials in Europe. In England a person accused of crime must always be supposed ….. until he has been proved guilty and newspapers must not describe the accused as “the thief” or “the …..”. The presumption of innocence is carried out in practice with the help of …...

Every man may be liable for jury service between 21 and 60. The jury consists of ….. members. They must listen to three stories: first – the story told by the counsel for the ….., then the story told by the defending ….., and lastly the story told by the ….., a summing up of what was said by counsels and.

The prosecuting counsel begins by telling the court what he intends to prove by …... Then he calls his witnesses. Every witness may be examined by the ….. who is defending the accused. This is the ….. . The judge can interfere if he thinks any of the questions are ….. . He always objects to what are called leading questions, questions that suggest answer instead of asking for information. Leading questions are allowed, however in cross-examination.


The ….. counsel then has his turn. He calls new witnesses including the accused man himself. The law of evidence is very strict. Witnesses may tell only what they know to be ….. . After then, counsels (for both sides) make further speeches. Counsel for the ….. tells that the jury must only find the accused guilty. Counsel for the defense tells that the accused is not ….. . Then the judge sums up. The members of the jury have to decide only the questions of ….. . Questions of law are for the judge. So the judge when finishes summing up, says to the jury: “Will you please consider the ver-dict?” And then the jury must consider the verdict: “Guilty or Not Guilty”.

Make up your own sentences with the words from the table. Simulation

Call the witness to the court on the case of thieving the car and exam-ine him by the cross-examination.

Choose from the group the barrister, the judge, the jury.

SECTION III. TYPES OF LEGAL PROFESSIONS IN THE U.K. AND THE USA

Prereading questions 1. Who can defend the person in the court? 2. What is the court defense? 3. What are the duties of the Crown court?

Read the text below and find the words from the text in the square. The definitions of these words are given before the text. Then complete the word from the odd letters and explain its meaning. 1. A person who can do basic work before a trial. 2. A business which is made in limits of law. 3. A paper which becomes a Bill, a law. 4. A person who saw a criminal, who committed a crime. 5. It is a trial case in which person asserts his/her rights. 6. Skilled advocate. 7. To carry out job independently. 8. A person who asks for help of advocate. 9. An organization which unites people of similar idea, business, etc. 10. An organization where hears criminal, civil and other cases. 11. It is a process of giving a piece of information, advice.


1. WHAT IS THE DIFFERENCE BETWEEN A JUDGE, A BARRISTER AND A SOLICITOR?

A judge is a crucial figure in the trial system. He or she supervises the conduct of the trial and passes sentence on those who have been convicted. Judges are normally appointed from practicing barristers (advocates in Scotland) or solicitors and must have at least 10 years professional stand-ing. The kind of judge chosen to preside over a case in court depends on its seriousness and complexity. Very serious offences are tried on indictment only by the Crown Court. The Crown Court sits in about 94 centers in Eng-land and Wales, many of them consisting of several courtrooms. Appeals from the Crown Court are made to the Court of Appeal. A further appeal from the Court of Appeal to the House of Lords can be brought if a point of law of general public importance is considered to be involved. Most minor civil cases are dealt with by the county courts, of which there are about 270. Cases are heard by circuit judges or district judges. Magistrate’s courts are the lowest tier of the criminal justice system. Justice is delivered not by professional judges or lawyers, but by appointed representatives of the community, called Magistrates. Their main job is to deliver “summary jus-tice” to people charged with less serious crimes. They refer grave offences to the Crown Court. The legal profession in Britain is divided into two branches: barristers (advocates in Scotland) and solicitors.

Solicitors undertake legal business for individual and corporate cli-ents, while barristers advise on legal problems submitted through solicitors and present cases in the higher courts. Certain functions are common to both – for example, the presentation of cases in the lower courts. Barristers must pass professional examinations before being called to the Bar (Barris-ters are known collectively as the Bar), and they must then serve an appren-ticeship or “pupilage” with a qualified barrister for one year. Solicitor must also pass professional examinations and serve a two-year period of appren-ticeship called “articles” in a Solicitor’s office. Once qualified in this way, a newly admitted solicitor is supervised for three years. The majority of lawyers practicing in England and Wales are solicitors, and it is with solici-tors that most people deal, most of the time. The role of the Bar is tradi-tionally three-fold. First, barristers are trained and skilled advocates, and until recently the Bar enjoyed a monopoly on rights of audience before the higher Courts in England and Wales. Second, members of the Bar provide specialist advice on questions of law; this may be in the context of litiga-tion, or in relation to non-contentious business. Third, barristers are trained and experienced in the drafting of legal documents.

Barristers do not attempt to provide the range of all-round services which large firms of solicitors offer. Nor do they have the administrative


resources to match a solicitor’s firm. Barristers work as independent spe-cialists, alone or in small teams, on a particular case or project. What they can provide is immediate access to the precise expertise and experience which the client requires.

Members of the English Bar who are in independent practice are all self-employed. Barristers practice together from Chambers, but do not work in partnership. However barristers often work together in teams as the needs of their clients may dictate, and Members of Chambers at 3 Verulam Buildings frequently co-operate in this way. The conduct of all barristers is governed by strict rules set down by the Bar Council, and all carry their own professional indemnity insurance.

International Practice. Traditionally, in domestic matters, barristers have been permitted to

receive their instructions only from solicitors. Their roles have been, and continue to be, complementary. In most cases the solicitor, in consultation with the client, will appoint one or more barristers to deal with specialist aspects of any case, and in particular to conduct the advocacy. Where there is an international element, there are a number of situations in which barris-ters may provide their services directly to foreign lawyers or parties. Those situations, known as ’International Practice’, are the subject of this bro-chure.

Litigation Before English Courts and Tribunals. Until recently barristers were not permitted to appear before any

Courts or Tribunals in England and Wales unless instructed by an English solicitor. However, as long as the services they provide are limited to advo-cacy, barristers may now be instructed to do so by any foreign qualified lawyer who is entitled to conduct litigation in that court either pursuant to English statute, or by virtue of European Community law.

Litigation Before Foreign Courts and Tribunals. Subject to any applicable local laws or professional rules, English bar-

risters may be instructed by foreign lawyers or by foreign lay clients di-rectly, for the purposes of litigation or other proceedings before the Courts and Tribunals of any other country. This is not restricted to appearances in foreign Courts or Tribunals. It includes work which may be performed in England, provided that it is connected with foreign proceedings, or is inci-dental to work of any nature which is substantially to be performed outside the United Kingdom. Members of Chambers at 3 Verulam Buildings have experience appearing in, or advising in connection with, proceedings before the Courts of other countries. These include most common law jurisdic-tions.


International Tribunals. Barristers may be instructed on similar terms to appear before interna-

tional Courts or Tribunals, in whichever country they are sitting. The Members of Chambers at 3 Verulam Buildings include a number

of experts in the fields of public international law, and international envi-ronmental law, with experience appearing before international Tribunals. Of particular importance is the dispute settlement procedure of the World Trade Organization.

Chambers also includes practitioners with expertise in European Community law, with experience before the Courts of England and Wales, and before the European Court of Justice.

Arbitration Proceedings. Barristers may be instructed by foreign lawyers, or by any foreign

party provided the instructions emanate from overseas, in connection with both domestic and international arbitrations. Members of Chambers sit as arbitrators in and appear as counsel before Tribunals under the rules of the International Chamber of Commerce, the International Centre for the Set-tlement of Investment Dispute (ICSID), and the London Court of Interna-tional Arbitration, among others.

Advisory and other Work. There are many other services which Members of Chambers at

3 Verulam Buildings can and regularly do provide. These include (but are not restricted to): • drafting of standard, or individual, contract terms and conditions; • advice upon particular points of law or transactions; • conduct of or assistance with mediations, or other alternative dispute

resolution procedures; • providing expert evidence upon English law for the purposes of foreign

proceedings (written or oral). Barristers may accept instructions to perform such work from any practicing qualified foreign lawyer. They may also accept such instructions directly from any client, whether or not a lawyer, if that client carries on business, or normally resides outside the United Kingdom and the instructions emanate from outside the United Kingdom.

What services can 3 Verulam Buildings provide? 3 Verulam Buildings is a leading set of Chambers specializing in

commercial work. Members’ practices embrace a number of areas of law, of which those most likely to be of interest to foreign lawyers or clients in-clude banking, insurance and reinsurance, financial services, commodities, company law, entertainment, insolvency, commercial fraud, information


technology, oil and gas, environmental law, public international law, and European Community law.

Profiles of all Members of Chambers, and further information about these and other areas in which they practice, are contained in the Cham-bers’ brochure and on Chambers is equipped with advanced IT, communi-cations and research facilities, as well as conference and seminar facilities.

How do I find out more? In the first instance all enquiries should be directed to Nicholas Hill,

Chambers’ Senior Practice Manager, or one of his team. They will be pleased to provide more information generally about Chambers, and to ex-plain in more detail the professional rules which govern international prac-tice. They will be able to explain whether the case is one in which it is ap-propriate to instruct a barrister directly, and to describe the terms upon which members of Chambers are permitted and prepared to accept instruc-tions.

Moreover, they will be able to discuss your precise requirements, and to assist you in identifying which member or members of Chambers will be able to provide the services you seek. Should you wish, individual mem-bers will of course be pleased to speak to you directly.

С O N S U L T A T I D P L I T I G A T O O D R C O U R T I N C B A A S O L I O N U E R R C F M C I L M C E I N T R I T E E L C S T E I F O G N I E N T R E C R A T W I T N E S S E L

Discussion 1. Compare the kinds of English legal professions with the Ukrainian legal

professions. 2. What is the best type of legal profession? Prove your opinion.


2. WHAT CONSTITUTES THE PRACTICE OF LAW? The degree awarded by U.S. law schools to graduates is the degree of

Juries Doctor (occasionally mis-Anglicized to Juries Doctorate). However, the name of the degree is misleading; it is not technically a doctoral degree as it is the educational equivalent of a master’s degree since it is awarded after three (or four, depending on whether the student takes part-time classes) years of study and without the requirement of a thesis or disserta-tion and defense thereof. In systems following the English practice the equivalent degree is the Bachelor or Laws, or LL.B.

Graduate law degrees may also be obtained. A Master of Laws, or LL.M., is awarded after completion of a specialized program of study – of-ten in esoteric subjects such as taxation or trial advocacy. The ultimate law degree obtainable is the S.J.D., or Scientum Juries Doctor, literally “doctor of juridical science”. This should not be confused with the “doctor of laws” degree, or LL.D., which is usually awarded for honorary purpose. A person who has a Juries Doctor (or LL.B.) but is not admitted to any bar is not a lawyer. However, federal courts often allow law students to act as “certi-fied student attorneys” after the satisfactory completion of their first year of law school and the completion of particular second- and third-year courses such as Evidence. In systems that follow the English practice a person who has completed the course of study but is not yet admitted to the bar may practice under supervision in Articles of Clerkship usually called an Arti-cling student. Otherwise, engaging in the kind of work customarily done by lawyers, without a valid, current license to do so, is the “unauthorized prac-tice of law”. In some jurisdictions, the definition of the practice of law is quite strict; persons have been successfully prosecuted for publishing do-it-yourself will forms and for representing special-education children in fed-eral proceedings as specifically allowed by federal law.

For instance, in some states, real estate closings may only be per-formed by lawyers, even though the lawyer’s role in a closing mostly in-volves notarization of documents and disbursement of settlement funds through an escrow account.

Paradoxically, some jurisdictions will allow a non-lawyer to sit as a judge, usually in lower courts or in hearings by governmental agencies, even though a non-lawyer may not practice before these same courts.

The words to be learned. degree – вчений ступінь; requirement – вимога; obtain – отримувати; confuse – збивати з пантелику;


prosecute – переслідувати в суді; disbursement – оплата; admit – погоджуватися; allow – дозволяти; customary – звичайне право; valid – дійсний; proceeding – розгляд справи в суді. Task 1. Find in the text sentences with the words given above. Translate

these sentences into Ukrainian. Use these words in your own sentences. Task 2. Answer the questions.

1. How many practicing lawyers are there in the USA? 2. What kinds of legal degrees do you know? 3. Who is the attorney? 4. What is the difference between “attorney” and “certified student attorney”?

Discussion 1. Find some differences between American and Ukrainian lawyers. 2. What advantages and disadvantages can you find in the work of the

lawyer in our country? 3. Why did you decide to be a lawyer?

GLOSSARY Amend – (in law): to change or to revise a written document. Amicus curiae – literally: friend of the court. Specifically, person or per-

sons asking for permission to intervene in a case in which they are not otherwise involved to present their point of view (or that of their organization) in a case which has the poten-tial of setting a legal precedent in their area of activity, for example, in civil rights cases. In some instances, this can only be done with the permission of the parties.

Annulment – to invalidate by court action; make void; to make as if it never had been. For instance, a marriage can be annulled. It is struck from all records and stands as having never tran-spired in law, unlike a divorce, which cancels a valid mar-riage only from the date of the divorce. An action annulled stands, in law, as if never performed.

Anti-trust – legislation which regulates business monopolies by prevent-ing businesses from price-setting or any other secret collabora-tion which circumvents the natural forces of a free market


economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as “anti-combines” or “competition” legislation.

Appeal – to transfer a case to a more senior court or person to rehear or re-view a lower court ruling. In the USA, appeals can continue all the way up to the Supreme Court, where the decision is fi-nal in that it can no longer be appealed.

Arraignment – in USA criminal law, the formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.

Arrears – a debt that is not paid on the due date adds up and accumu-lates as “arrears”. For example, if you do not pay your rent, the debt still exists and is referred to as “arrears”. The same word is used to describe child or spousal maintenance or support which is not paid by the due date.

Arson – some countries define “arson” as the intentional setting of a fire to a building in which people live; others include as “arson” the intentionally setting of a fire to any building. In either case, this is a very serious crime and is punishable by a long jail sentence.

Assault – the touching of another person with intent to harm, without that person’s consent.

Assign – to give, to transfer responsibility, to another. The assignee (some-times also called “assigns”) is the person who receives the right or property being given and the assignor is the person giving.

Attorney – an alternate word for lawyer or “barrister & solicitor”, used mostly in the USA. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation.

Audi alteram partem – (Latin): a principle of natural justice which pro-hibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audio al-teram partem principle. In more recent years, it has been ex-tended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.


Acquittal – judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of “not guilty”.

Appeal – a request made after a trial by a party that has lost on one or more issues that a higher court (appellate court) review the trial court’s decision to determine if it was correct. To make such a request is “to appeal” or “to take an appeal”. One who appeals is called the “appellant”; the other party is the “appellee”.

Appellate – about appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For exam-ple, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

Arraignment – a proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Conveyance – a written document transferring property from one person to another. In real estate law, the conveyance usually refers to the actual document which transfers (conveys) ownership, between persons living (i.e. other than by will), or which charges the land with another’s interest, such as a mortgage.

Conviction – the formal decision of a criminal trial which finds the ac-cused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, com-mitted the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sen-tenced.

Copyright – the right of literary property protected by law. The holder of the copyright is invested in the sole right to reproduce, pub-lish, and sell the artistic or literary production. Many coun-tries have expanded the definition of a “literary work” to in-clude computer programs or other electronically stored in-formation.

Corporal punishment – a punishment which involves the infliction of pain on, or harm to the body for some violation of conduct. A fine or imprisonment is not considered to be corporal pun-ishment (in the latter case, although the body is confined, no punishment is inflicted upon the body). The death penalty is the most drastic form of corporal punishment and is also


called capital punishment. Spanking, whipping, or bodily mutilation inflicted as punishment is forms of corporal pun-ishment.

Council – a formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government. It can be contrasted with a commission which, although also a body of experts, is typi-cally given regulatory powers in addition to a role as advisor to the government.

Crime – an act or omission prohibited by criminal law. The acts are defined by each state, setting out a limited series of acts (crimes) which are prohibited and punishing the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can con-stitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse.

Criminal law – that body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government.

Cross-examination – each party may also question the other’s witness (es). This is called a “cross-examination”. Considerable more latitude is allowed in cross-examination than in questioning one’s own witnesses (called an “examination-in-chief”). For example, one cannot ask leading questions of one’s own wit-ness but one can do so in cross-examination of the other party’s witnesses.

Custody – charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health, and welfare. Custody, without qualification, usually refers to a combination of physical custody and legal custody.

Damages – money awarded by a court to a person injured by the unlaw-ful actor negligence of another person.

Defendant – the person defending denying a suit. Defense of property – affirmative defense in criminal law or tort law

where force was used to protect one’s property. Deposition – testimony of a witness or a party taken under oath outside the

courtroom, the transcript of which becomes a part of the court’s file.


Direct evidence – proof of facts by witnesses who saw acts done or heard words spoken.

Direct examination – the first questioning of witnesses by the party on whose behalf they are called.

Directed verdict – in a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allow-ing the jury to consider it.

Equal Protection of the Law – the guarantee in the Fourteenth Amend-ment to the U.S. Constitution that all persons be treated equally by the law.

Equity – justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.

Escrow – money or a written instrument such as a deed that, by gree-ment between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Evidence – information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Federal Register – a daily publication which contains federal administra-tive rules and regulations.

Federal Supplement – books which gives the government certain control and power to regulate discharge of pollutants into the na-tion’s waters in an effort to achieve clean waters.

Federal Unemployment Tax – a tax levied on employers based on em-ployee wages paid (FUTA tax).

Felony – a serious criminal offense. Under federal law any offense punish-able by death or imprisonment for a term exceeding one year.

Fraud – a false representation of a matter of fact which is intended to de-ceive another.

Habeas corpus – the name of a writ having for its object to bring a person before a court.

Hostile witness – a witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.


Independent executor – a special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court.

Indeterminate sentence – a sentence of imprisonment to a specified minimum and maximum period of time, specifically author-ized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Infraction – a violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Inheritance tax – a state tax on property that an heir or beneficiary under a will receives from a deceased person’s estate. The heir or beneficiary pays this tax.

Judgment – the official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

Jurisdiction – the power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear. (Law) – the combination of those rules and principles of con-duct promulgated by legislative authority, derived from court decisions and established by local custom.

Law Blank – a printed legal form available for preparing documents. Lawsuit – an action or proceeding in a civil court; term used for a suit or

action between two private parties in a court of law. Legal aid – professional legal services available usually to persons or or-

ganizations unable to afford such services. Legal process – a formal paper that is legally valid; something issuing

from the court, usually a command such as a writ or mandate. Malicious prosecution – an action instituted with intention of injuring the

defendant and without probable cause, and which terminates in favor of the person prosecuted.

Manslaughter – the unlawful killing of another without intent to kill; ei-ther voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily ex-pected to result in great bodily harm).


Misdemeanor – a criminal offense lesser than a felony and generally punish-able by fine or by imprisonment other than in a penitentiary.

Mitigating circumstances – those which do not constitute a justification or excuse for an offense but which may be considered as rea-sons for reducing the degree of blame.

Murder – the unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by pre-meditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Notary Public – a public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments.

Opinion – a judge’s written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the princi-ples of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers fur-ther comment. (A per curium opinion is an unsigned opinion “of the court”).

Personal recognizance – in criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court.

Petitioner – the person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Post-trial – refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.

Preliminary hearing – also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial.

Private law – that law, such as a contract between two persons or a real es-tate transaction, which applies only to the persons who sub-ject themselves to.

Probation – an alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under con-ditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to im-prisonment.


Prosecutor – a trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Public law – that law such as traffic ordinances or zoning ordinances which applies to the public.

Public defender – government lawyer who provides free legal defense services to a poor person accused of a crime.

Quasi-criminal action – a classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.

Remedy – legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Reverse – an action of a higher court in setting aside or revoking a lower court decision.

Rules of evidence – standards governing whether evidence in a civil or criminal case is admissible.

Secondary authority – legal encyclopedias, treatises, legal texts, law re-view articles, and curators. Writings which set forth the opin-ion of the writer as to the law.

Sentence – the punishment ordered by a court for a defendant convicted of a crime. (See concurrent and consecutive sentences).

Sequestration of witnesses – keeping all witnesses (except plaintiff and de-fendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as “separation of witnesses”.

Standard of proof – indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a “preponderance of evidence” or “clear and con-vincing evidence”.

Status offenders – youths charged with the status of being beyond the con-trol of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision.


Support trust – a trust that instructs the trustee to spend only as much in-come and principal (the assets held in the trust) as needed for the beneficiary’s support.

Testimony –- the evidence given by a witness under oath. It does not in-clude evidence from documents and other physical evidence.

Tort – a private or civil wrong or injury for which the court provides a remedy through an action for damages.

Trial – a judicial examination of issues between parties to an action. Trial brief – a written document prepared for and used by an attorney at

trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney’s position at trial.

United States District Courts – courts which try both criminal and civil actions and admiralty cases.

Verdict – a conclusion, as to fact or law, that forms the basis for the court’s judgment.

Will – a legal declaration that disposes of a person’s property when that person. dies.

Witness – one who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.

TEST QUESTIONS 1. What can you say about the court system of Great Britain? 2. What are the duties of Solicitors? 3. What are the duties of Barristers? 4. What is the Queen’s Council? 5. Who can become the attorney? 6. What is an attorney? 7. What are the legal degrees in the USA?

REFERENCES 1. Adamson J.E. Basic Law and Legal Environment of Business. – Lon-

don: Richard D. Irwin, Inc., 1995. – 231 p. 2. Kenneth J. Supreme Court A to Z. – Washington, D.C.: Congressional

Quarterly Inc., 1998. – 584 p. 3. Richard P. Law Today. – London: Longman Group UK Limited, 1997.

– 109 p.

Навчально-методичне видання

TYPES OF LEGAL PROFESSIONS IN GREAT BRITAIN AND THE USA

Види юридичних професій у Великобританії та США: Методичні вказівки для аудиторної та самостійної роботи

(Англійською мовою)

Укладач Тетяна Іванівна Шалімова

Редактори: Н.І. Одарченко І.О. Кругляк

Комп’ютерна верстка Н.І. Одарченко

Підписано до друку 08.09.2005. Формат 60х90/16. Гарнітура Times. Обл.-вид. арк. 1,21. Умов. друк. арк. 1,63. Тираж 21 пр. Зам. № 612.

Інформаційно-видавничий відділ Української академії банківської справи Національного банку України

Адреса: 40030, м. Суми, вул. Петропавлівська, 57.

Надруковано на обладнанні Української академії банківської справи Національного банку України

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