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investigating cases against people accused of political crimes were murdered in 1990.
In countries where the government ensures that all people have access to a lawyer in an emergency, there are firms that specialize in dealing with people who would not be able to pay for legal services out of their own pocket. For example, in England anyone facing criminal prosecution is entitled to choose a firm of lawyers to represent him. If his income is below a certain level he will not be asked to pay: the firm will keep a record of its costs and will apply to the government-funded Legal Aid Board for payment.
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1. Who can be officially qualified to act as a lawyer?
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3. What is the difference between a barrister and a solicitor?
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5. What do solicitors do in everyday life?
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7. What do many people believe in connection with the distinction between barris
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9. In what way are the lawyers becoming more and more specialized?
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11. Profession of what lawyers is considered to be a dangerous one?
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The Interpol delegation consisting of 4 officers is arriving at your location next Thursday, Please, arrange meeting and accommodation.
______________________________________ Personnel Officer Stark
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Practising Lawyer
In the English legal system a practising lawyer must hold one of two professional qualifications; s/he must either have been admitted to practise as a solicitor or have been called to the Bar as a barrister. This division of the legal profession is of long standing and each branch has its own characteristic functions as well as a separate governing body and professional rules.
The barrister is usually thought of primarily as an advocate, since this is the work in which s/he is most often engaged. Until 1990, s/he had the virtually exclusive right of audience as an advocate before all the superior courts, and s/he can also appear in the inferior courts. When acting professionally, barristers are known as "counsel". In total there were, in 1991, 6, 901 banisters in practice, a number which is just about small enough to make this branch of the profession a closely-knit unit. This point is significant, bearing in mind that the senior judges in the English legal system have; until now, been drawn exclusively from the ranks of experienced counsel.
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Organization of the Federal Government
The President of the United States is chosen in a national election for a four- year term of office, and may be re-elected for a second term He must be a native-bora citizen at least 35 years old. His salary is $200,000 a year, and he also gets an extra $50,000 for expenses; but he must pay a federal income tax on the whole amount. He gets an added $40,000 tax-free, for travel and entertaining, and is provided a home the White House.
As a head of the Executive Branch, his duty is to carry out government programs and enforce the laws. He recommends many laws to the Congress and requires money for Federal Government operations. If he refuses to sign a bill passed by the Congress, a two-thirds vote of both houses is needed to overrule his veto and make the bill a law. The President appoints the federal judges, ambassadors, and hundreds of government officials. He is aided by an elected Vice President.
Under the U.S. Constitution a sitting President may be removed from office by an impeachment process whereby the House of Representatives, upon sufficient evidence, brings a "bill of impeachment" voted for by two-thirds of its membership. Next comes a trial in the Senate, with the Chief Justice of the United States acting as the judge and the Senators as the jury.
a federal income tax
154-
Text Na 2
Enforcing the law
Governments have many ways of making sure that citizens obey the law. They make the public aware of what the law is and try to encourage social support for law and order. They use police forces to investigate crimes and catch criminals. They autho-
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rize courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others. And they make efforts to re-educate and reform people who have broken the law. Which of these is most effective in enforcing the law?
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The laws of aJ] countries are to be found in written records - the legal codes of countries with continental systems the statutes and case judgments of common law countries, warnings on official forms, and notices in public buildings. Many people do not know where to find these records and do not find it easy to read them. But ignorance of the law is almost never a defence for breaking it. Governments usually expect citizens to be aware of the laws which affect their lives. Sometimes this seems very harsh, for example, when the law is very technical. Shopkeepers in England have been prosecuted for selling books on Sunday, although they were allowed to sell magazines. However, there are many laws, such as those prohibiting theft, assault and dangerous driving which simply reflect social and moral attitudes to everyday behavior. In such cases a person knows he is breaking the law, even if he doesn't know exactly which taw it is.
Role of police force
The police have many functions in the legal process. Though they are mainly concerned with criminal law, they may also be used to enforce judgments made in civil courts. As well as gathering information for offences to be prosecuted in the courts, the police have wide powers to arrest, search and question people suspected of crimes and to control the actions of members of the public during public demonstrations and assemblies. In some countries, the police have judicial functions, for example, they may make a decision as to guilt in a driving offense and impose a fine, without the involvement of a court, in Britain, when someone is found in possession of marijuana, the police may confiscate it and issue a formal warning rather than refer the matter to a court.
The mere presence of the police is a factor in deterring people from committing offences.
Text 3
Human rights
In I960, Peter Benenson, a British lawyer, read about two students who had been
sentenced to seven years' imprisonment for drinking a toast to freedom during the
Salazar dictatorship in Portugal. He joined with others to start a campaign for pris
oners of conscience - people who had never used or advocated violence and were
simply in prison because of their political or religious beliefs. This was the begin
ning of Amnesty International, the largest of many organizations in the world which
put pressure on governments to observe human rights. By gathering information,
creating publicity and writing letters. Amnesty has helped to speed up the release of
such prisoners all over the world. It also campaigns for fair trials for political prison
ers, an end to torture and inhumane treatment, and the abolition of the death
penalty. Amnesty and other groups, such as the Anti-Slavery Society and Index on
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Censorship, have helped make more and more people aware of the concept of human rights - rights that go beyond the laws of one country.
Yet, not everyone agrees that merely being bom as a human being entitles someone to certain freedoms and treatment, and those who do agree have different opinions as to what these rights are. What needs to be considered here more than the nature of such rights is to whom they apply. A constitutional nght is one which a state guarantees to its own citizens and, sometimes, to foreigners who are within its jurisdiction. But a human right is one to which people all over the world are entitled, whatever their nationality arid wherever they live.
Text 4
Arbitration
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Until recently the law and lawyers tended to prefer litigation to arbitration as a means of resolving disputes. Today more and more controversies are submitted for a final and binding decision to a person or persons other than the judicial tribunals provided by ordinary process of law.
There are several advantages to using arbitration as a substitute for litigation. For one thing it is much quicker and far less expensive. An issue can be submitted to arbitration and decided in less time than it takes to complete just the pleading phase of a lawsuit. Arbitration also creates less hostility than does litigation, and it allows the parties to continue their business relationship while the dispute is being decided. Finally, under the arbitration process complex issues can be submitted to an expert for decision. For example, if an issue arises concerning construction of a building, by using arbitration it can be submitted to an architect for decision. Besides lawyers other specialists frequently serve as arbitrators; physicians decide issues relating to physical disabilities, certified public accountants decide those regarding the book value of stock, and engineers, decide issues relating to industrial production. Of course a substantial amount of arbitration is also conducted by the academic community, especially in the area of labor relations.
The process of arbitration must be distinguished from mediation. Arbitration provides a binding decision. In mediation the third party assists the parties in seeking a compromise, but the mediator lacks authority to impose a binding solution. The purpose of mediation is to supply unbiased input into the negotiations and to encourage conciliation. The purpose of arbitration is the final solution of the dispute.
Litigation
The Function nf Courts. Many controversies cannot be settled by the parties or by arbitration. When other methods for resolving conflicts and controversies cannot or have not succeeded there must be an ultimate method for accomplishing this goal. Our system of government has selected courts for this purpose. Courts settle controversies between persons and between persons and the state.
The role of law applied by the court to the facts as found by the jury or court produces a decision that settles the controversy. Although there are obviously other
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agencies of government that resolve controversies, it is peculiar to our system that for final decision all controversies may ultimately end up in court.
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Agatha Christie. The Witness for the Prosecution. M.: Reecha, , 1997.
Alder Gohn. Constitutional and Administrative Law. - London.: Macmillan Press
Ltd., 1994.
Cremona Morise. Criminal Law. - London: Macmillan Press Ltd., 1989.
Cremona Morise. Contract Law. London: Macmillan Press Ltd.. 1994.
Major W. T. Basic English Law. - London: Macmillan Press Ltd., 1990.
N. Shaw Malcolm. International Law, Cambridge: Cambridge University Press, 1994.
M. Friedman Lawrence. American Law. New York London: Stanford University. W. W. Norton and Company.
Riley Alison. English for Law. London; Macmillan Publishers Ltd, 1994. . ., . . . . Reader for Law Students. M.: . ., 1972.
. ., ., . - . ,: . . . , 1993.
- . .: Avers. 1995.
Hornby with A P. Cowie. Oxford Advanced Learner's Dictionary of Current English. V.V. 1, 1. - M., London, 1982-
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