UNIT II

THE LEGAL
PROFESSION IN THE
UK AND USA

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 LAWYERS
are always more ready to get a man into troubles than out of them

Part I
Motto: If there were no bad people, there would be no good lawyers.
Key words:
Barrister- _____________; ______________________________________
Solicitor-__________________; _____________________________________________
Lawyer-___________________; _____________________________________________
Counsel- __________________;_____________________________________________
Prosecutor-_________________;_____________________________________________
Judge-_____________________;_____________________________________________
Notary-____________________;_____________________________________________
To take oath-________________;____________________________________________
Law graduates-______________;____________________________________________
Legal partnership-____________;____________________________________________
Read the key words and give the Romanian equivalents. What is your understanding of
these words? Write a sentence with each of them.

Starting up:
A: What do you know about the divisions of the legal profession in Britain and the
United States?
B: Which do you think is the most interesting and rewarding kind of legal work?
C: Which is the most demanding?
D: Which professional title do you associate with high financial gain?
E: Which of them confers the highest social prestige?

Vocabulary:
A: Read the text. The underlined words are probably familiar to you in
general English. But can you think and write the different meaning for
each word in legal English?
My friend walked into the (1) bar. He was carrying a small (2) case. We had a (3) brief
conversation about the weather and then started chatting about last nights football match.
I had hardly finished a (4) sentence when he complained that his team had lost because
the (5) defence had been really bad. They had played without any (6) conviction. I took a
(7) stand against him and said you shouldnt (8) judge a team on the (9) evidence of just
one match.
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1.________________ 6.__________________
2.________________ 7.__________________
3.________________ 8.__________________
4.________________ 9.__________________
5.________________
B: Read these sentences and complete each sentence with one of the underlined
words from exercise A:
1. The __________ asked the members of the jury to leave the court.
2. A solicitor gives a _____________ to the barrister which consists of important
legal documents.
3. My lawyer disagreed with the verdict and wants my ___________ to go to a
higher court.
4. The accused was shocked when he was found guilty and given a four-year prison
_______.
5. I think she already has a _____________ for shoplifting.
6. As the key witness took the ____________ there was complete silence in the
court.
7. The prosecution hasnt got enough __________ to secure a guilty verdict.
8. Barristers are lawyers who have been called to the ________.
9. The lawyers for the ____________complained that their client could not get a fair
trial.
C: Complete these paragraphs with words or expressions from the box:
1. accused 14. eligible 27. practise
2. adoption 15. exclusively 28. pupillage
3. affiliation 16. Inns of Court 29. recorders
4. appointed 17. inquests 30. right of audience
5. Bench 18. jurors 31. sentence
6. biased 19. jury service 32. solicitor
7. called to the Bar 20. lay 33. stipendiary
8. challenged 21. libel 34. trial
9. clerk 22. Magistrates Courts 35. verdict
10. commit 23. misconduct
11. criminal 24. on bail
12. Crown Court 25. Parliament
13. electoral register 26. Political

Barristers:
In England and Wales a barrister is a member of one of the _____________(the four
law societies in London to which lawyers are members); he or she has passed
examinations and spent one year in_________(training) before being
___________(being fully accepted to practice law). Barristers have the
______________in all courts in England and Wales: in other words they have the
right to speak but they do not have that right____________.
Magistrates:
Magistrates usually work in _____________. These courts hear cases of petty crime,
__________, ______________, maintenance and violence in the home. The court can
________ someone for _____________or for ________________ in a
_______________. There are two main types of Magistrates:
_________________magistrates (qualified lawyers who usually sit alone);

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 _____________magistrates (unqualified, who sit as a ___________of three and can
only sit if there is a justices _____________ present to advise them).
Judges:
In England, judges are ___________by the Lord Chancellor. The minimal
requirement is that one should be a barrister or ____________ of ten years standing.
The majority of judges are barristers, but they can not ____________as barristers.
_______________are practising barristers who act as judges on a part-time basis. The
appointment of judges is not a __________ appointment, and judges remain in office
unless they are found guilty of gross ______________. Judges can not be members of
_____________.
The jury:
Juries are used in ___________cases, and in some civil actions, notably actions for
___________. There are also used in some coroners ____________. The role of the
jury is to use common sense to decide if the __________should be for or against the
_____________. Members of a jury (called ___________) normally have no
knowledge of the law and follow the explanations given to them by the judge.
Anyone whose name appears on the ___________and who is between the ages of 18
and 70 is __________for ____________. Judges, magistrates, barristers and solicitors
are not eligible for jury service nor are priests, people who are ________, and people
suffering from mental illness. People who are excused jury service include members
of the armed forces, Members of Parliament and doctors. Potential jurors can be
_________if one of the parties to the case thinks they are or may be
_______________.

Lead-in
Write down the things you know about legal professions in UK and USA,
and ask questions about what you would like to find out. Then read the text
to check your information and explain all the underlined words and
expressions:
A)Legal professions in UK and USA
Most countries have different groups of lawyers who each take a particular kind
of examination in order to qualify to do particular jobs.
The differences between the legal professions in USA and UK are closely
associated with their tendency to be more or less formal. In England the legal profession
is divided into two distinct branches: barristers and solicitors, whereas America only
knows the one professional status of lawyer, attorney or counsel (or, sometimes,
counselor). In England, barristers specialize in arguing cases in front of a judge and have
the right to be heard, the right of audience, even in the highest courts. They are not paid
directly by clients but are employed by solicitors. Solicitors do much of the initial
preparation for cases which they then hand to barristers, as well as handling legal work
which does not come before a court, such as drawing up wills, and dealing with litigation
which is settled out of court. Solicitors also have a right of audience in lower courts, but
in higher courts, such as the Court of Appeal, they must have a barrister argue their
clients case. In general, it can be said that a barrister spends most of his time either in a
courtroom or preparing his arguments for the court and the solicitor spends most of his
time in an office giving advice to clients, making investigations and preparing
documents. Many people believe the distinction between barristers and solicitors should
be eliminated in England, as has already happened in Australia.
How does someone become a lawyer?
In some countries in order to practise as a lawyer it is necessary to get a university
degree in law. However, in others, a degree may be insufficient, professional
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examinations must be passed. In Britain, it is not in fact necessary to have a degree,
although, nowadays most people entering the profession do. The main requirement is to
pass the Bar Final examination (for barristers) or the Law Society Final examination (for
solicitors). Someone with a university degree in a subject other than law needs first to
take a preparatory course. Someone without a degree at all may also prepare for the final
examination, but this will take several years.
Even after passing the examination, though, a lawyer is not necessarily qualified.
A solicitor in England, for example, must then spend two years as an articled clerk,
during which time his work is closely supervised by an experienced lawyer, and he must
take further courses. A barrister must spend similar year as a pupil.
The distinctive features of the English bar which are not duplicated in America
can be summed up under four headings: first, their very small number, their centralized
structure and their homogeneity; secondly, their relationship to the bench; thirdly, their
orality of appellate proceedings and fourthly, their traditions of competence and integrity
and the degree to which they are expected to have regard to the public interest as well as
their clients interests.
The English bar is an exceedingly small profession. There are today about 5300
practicing barristers in England and Wales, which is only about one-tenth the number of
practicing solicitors.
An important factor is that the great majority of barristers practice in London, and
nearly all have chambers in a very limited number of areas. It is, indeed, a professional
requirement that a barrister should have chambers in an approved place (approved by
his Inn of Court), and nearly all barristers have their chambers in rooms owned and let by
the Inns. These Inns of Court are the professional associations of the barristers; there are
four of them: the Inner Temple, the Middle Temple, Lincolns Inn and Grays Inn. They
control entry into the barristers side of the legal profession, and they are also the ultimate
authority for disciplinary proceedings (subject to appeal to the judges) since they alone
can suspend or disbar a barrister.
One peculiar feature of the organization of the English bar is that every barrister
has to be self-employed; no partnerships or salaried assistants are permitted by the rules
of the profession. There is also one (virtual) requirement of conformist behaviour at the
bar (besides the traditions of dress at the bar): the ability to speak BBC English.
The second distinctive feature of the English bar is the relationship between bar and
bench. All the higher judges are appointed from the ranks of the bar. Professionally,
judges and barristers are really members of the same group. They speak a common
language and they address each other in court. There is a sense in which the English bar
is almost the apprenticeship for becoming a judge. Senior barristers appearing almost
daily in court become so well acquainted with the role of the judge that they can move
from bar to bench overnight, doffing the role of advocate and adopting that of judge with
(apparently) effortless case.
The third distinctive feature of the bar concerns the orality of proceedings in
appellate courts. The disappearance of the civil jury means that oral argument in English
courts tends today to encourage skill in arguing strict points of law in a fairly narrow,
technical way which matches the approach of English judges.
The fourth distinctive characteristic of the English bar concerns the role of the
barrister as a genuine officer of the court and guardian of the juridical process. For
example, barristers in England are not usually willing to initiate proceedings on the
simple instructions of their clients; if they think the client has no case they will say so in
no uncertain terms, and only an unusually stubborn (and wealthy) client will persist
regardless of such advice; similarly, barristers are not expected to draw a notice of appeal
unless they are satisfied that there is some properly arguable ground of appeal. In the

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conduct of litigation, barristers often assist the court, both on facts and with regard to the
law (for example, drawing attention to precedents against their present argument.
The American legal profession resembles the English solicitors profession in
many ways, though, there are also great differences. There are in England about 50000
practicing solicitors, spread over the country. The American legal profession is, of course,
far larger, indeed, it is enormous. According to the American Bar Foundation their
Research Study released in 1985, there are more than 675000 lawyers in America. About
two thirds of all American lawyers are in private practice, with some ten per cent in
government service. As in England, the large city firms now dominate the profession. In
1983 there were 183 American firms with over one hundred lawyers each, fourteen had
over 300.
Because so much appellate work is today done through written briefs, the
American profession has proportionately fewer well-qualified and specialist oral
advocates of the English type, able to argue points of law before appellate courts.
Lawyers in America who work in the corporate law firms share less of their professional
lives with the judges than do the English bar. In England, legal argument is an oral
dialogue between the barrister and the judge, but American appellate work is much more
depersonalized. Unlike an English barrister who is a specialist in advocacy but (usually) a
generalist in law (or anyhow large areas of the law) many American lawyers are likely to
specialize in a narrow area, and may have little sense of the general values and ideas
influencing judges in other areas.

I: Comprehension questions:
a. Where would you go for legal advice?
b. What kinds of probationary stages are lawyers required to go through?
c. What kind of lawyer is expected to do more fieldwork?
d. Do solicitors and barristers co-operate closely?
e. Who has the greatest power of representation?
f. Who gets more involved in criminal cases and why?
g. What are the main differences between barristers and solicitors?
h. Does a degree in law guarantee access to the profession?
i. What is the difference between the legal professions in USA and UK?
j. What are the distinctive features of the English bar?

II: Read the text and mark these statements as T (true) or F (false) and correct the
false ones.
a. Becoming a lawyer requires taking special examinations. ____
b. Only barristers have the right of audience. ____
c. Barristers are employed directly by clients.____
d. Solicitors have a right of audience in all courts.___
e. Solicitors do a lot of work out of court.___
f. The distinction between barristers and solicitors is going to be eliminated in
England.___
g. In Britain, you can become a lawyer without having a university degree.___
h. In England the legal profession is divided into three distinct branches, barristers
and solicitors.___
i. The Inns of Court are the professional associations of the solicitors, there are two
of them.__
j. According to a Research Study, there are more than 675000 lawyers in
America.___

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III: Find words in the text which mean: advocate, analysis, predilection, to offer,
demand, to summarize, supremacy, court, magistrate, real, to begin, to prove.

IV: Match the following items to form common phrases use in the legal register:
1) Settle a. investigations
2) Make b. experience
3) Argue c. litigation
4) Come d. to the bar
5) Gain e. a case
6) Win f. a will
7) Practise g. a degree
8) Get h. the law
9) be called i. before court
10) draw up j. a case

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V: Complete each sentence with an appropriate word (the first and last letters have been given to you in
each case), and use your answers to fill in the crossword on the next page.
Across
2. A l__________r is a general term for any qualified member of the legal profession.
6. An a___________y is somebody who is legally allowed to act on behalf of someone else.
11. A member of 4 down is called a j_____________r.
12. The j______y is the collective word for all judges in a country, as well as the court system in
general.
13. An a_______e is somebody who has the right to speak in open court as the representative of a
party in a legal case.
15. A t_______________r is a man who has made a will.
16. A b_______________r is a member of the legal profession who can plead or argue a case in
one of the higher courts of law.
19. An a_______t is a person who appeals to a higher court in order to get it to change a decision
or a sentence imposed by a lower court.
20. A c_______t is somebody who is kept in prison as punishment for a crime.
21. The person who is elected by the other 11 members of 4 down is called the f________n.
23. A p_______n officer supervises people who have committed something wrong but are not
sent to prison, or people who have been released early from prison on certain conditions.
24. A s_________t is someone whom the police believe has committed a crime.
26. A w_______s is someone who sees something happen, or is present when it happens.
27. A j_______e is an official who presides over a court and in civil cases decides which party is
in the right.
Down
1. A c________t is a person who is represented by a 2 across.
3. A c_______t is a person who takes legal action against someone in the civil courts.
4._________________________________________A group of 12 citizens who are sworn
to decide whether someone is guilty or not guilty on the basis of the evidence they hear in
court is called a j_____________________________y.
5. Somebody who receives something under a will is called a b________________ y.
7. A m_______e is an official (who is not a 2 across and who is usually unpaid) who tries cases
in a lower court.
8. An a_______r is somebody who decides who is right and what should be done in a
disagreement or dispute.
9. A t_______r is someone who has committed a civil wrong, or tort.
10. The person who brings criminal charges against someone in a court is called a p______ r.
14. A d________t is someone who is sued in a civil case or somebody who is accused of a crime in
a criminal case.
17. A person who applies for a court order is called an a______________t.
18. A s____________r is a 2 across who has passed the examinations of the Law Society and
has a valid certificate to practise, who gives advice to members of public and acts for them in legal
matters.
22. A c________r is a public official who investigates the cause of death or the reason for it,
especially if it is sudden or unexpected.

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25. C_________l is the term for a 16 across acting for one of the parties in a legal action.

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10
 B) THE AMERICAN LEGAL PROFESSION
The American legal profession, like American law, has its roots in England,
but with significant differences. In England, the legal profession is divided
between office lawyers , known as solicitors, and courtroom lawyers , known as
barristers.
In the United States, there is no division of the profession, and a lawyer
frequently does both office work and courtroom work. There is, however, a great
deal of variety in the types of the work done by lawyers.
Depending upon the circumstances and the needs of the client, the lawyer
may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer
will need to engage in factual investigation.
With respect to each of these roles, the lawyer will do the following:
Counselor: Attorney will help advise the client how to order the client's affairs.
Negotiator: Lawyer will work with opposing counsel to try to get a favorable
resolution for the client. The art of negotiation involves many techniques individual to
particular attorneys and the circumstances. The client always retains the right to accept
or reject a settlement negotiated or of fered by the opposing party.
Litigator: In litigating, the attorney will help pick a jury and participate in pre-
trial motions.
Fact Investigator: All of the lawyer's roles require the investigation of relevant
facts, including locating and interviewing witnesses .
A lawyer is to be a zealous advocate of the client, in this respect, the lawyer
must advocate on the client's behalf and avoid conflicts of interest . The lawyer is
also an officer of the court and is required to deal fairly and honestly with the
court and with its other officers, including the lawyer's opponents.

GOOD TO KNOW

'A solicitor is a man who calls in a person he doesn't know to sign a contract he hasn't seen to buy
property he doesn't want with money he hasn't got.'
Attributed to: Dingwall Bateson (1898-1967), British lawyer

1.1. Answ er the follow ing questions:

1. What are the main roles of the lawyer in factual investigation?
2. What does the art of negotiation involve?
3. What are the rights of the client in the negotiation process?
4. State the main differences between the American and English legal
profession.

1.2. Match the following expressions with their definitions:

1. to represent a client a. to give the power, means or right
to do something
2. a full hearing b. a condition that makes it necessary
for someone to do something
3. to enable c. to admit (a fault, crime or
something wrong that one has done)
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 4. an obligation d. behavior
5. a conduct e. a trial of case before a judge at
which witnesses are heard
6. to confess f. to act or speak officially for another
person or group of persons
7. to commit g. to do something wrong or illegal
8. evidence h. not guilty of a crime or sin
9. innocent i. the answers given in a court of law

Part II:
C) Judges and Jury in Great Britain
a) In Britain, the vast majority of judges (that is the people, who decide what should be done
with people who commit crimes) are unpaid. They are called "magistrates", or Justice of the Peace"
(JPs). They are ordinary citizens, who are selected not because they have any legal training, but
because they have "sound common sense" and understand their follow human beings. They give up
time voluntarily.
A small portion of judges are not magistrates. They are called "High Court Judges" and they
deal with the most serious crimes, such as those for which the criminal might be sent to prison for
more than a year. High Court Judges, unlike magistrates, are paid salaries by the State and have
considerable legal training.
Magistrates are selected by special committees in every town and district. Nobody, not even
the magistrates themselves, knows who is on the special committee in their area. The committee
tries to draw magistrates from as wide a variety of professions and social classes as possible.
A magistrate describes the sort of people who come before him, gives examples of a few typical
cases and finally talks about the difficulty of deciding between when to help a person and when to
punish him.

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 Judicial Office Court Numb Number

lords Lords of AppealHousein House of Lords 12

Ordinary (Law Lords)
Lord L Lord Justice of Appeal
Court Court of Appeal 37

High CHigh Court JudgesHigh High Court of Justice 107

Circuit Circuit Judges Crown Crown Court and County 638

Court
Recor Recorders Crown Crown Court and County 1353
Court
Distric District Judges (Civil) County Court 422

Deputy Deputy District Judges County Court 751

(Civil)
Distric District Judges
Magist Magistrates' Court 139
(Stipendiary
Magistrates)
Deputy District Judges Magist Magistrates' Court
148
Note:

Recorders generally hear less serious or complex cases than Circuit judges and start by sitting
in the Crown Court. After two years they might sit in the County Court.

An Act of Parliament lays down the mandatory requirements for most judicial offices.
Candidates must have practiced as a lawyer or judge for a specified time and must meet other
statutory requirements for specific posts. The hierarchical structure of the courts informs the process
of selection to the judiciary. Experience gained as a judge in a lower court is one of the
qualifications for appointment to a higher court. Senior appointments to the Court of Appeal and the
High Court are made by the Queen following the recommendation of the Prime Minister, currently
on the advice of the Lord Chancellor - a senior member of the government and Head of the judicial
system.
The training of judges
b)The Judicial Studies Board (JSB) is responsible for the training of judges, lay magistrates
and members of Tribunals in England and Wales. The JSB would normally organize the followings
for an appointee Recorder in the Crown Court: an induction course, visits to penal establishments,
for example, prisons and young offender institutions; meetings with personnel from the Probation
Service, which deals with criminals, often young offenders, who are not sent to prison unless they
re-offend, but who are under the supervision of a probation officer.
The appointee would experience a period of sitting on the Bench- the judge's area of the Court- with
a Circuit judge, in his first week after appointment he would be supervised by a Circuit judge.
Practical guidelines for judges are set out in Bench Books.
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Civil courts: sentencing and court orders
c)Judges in civil courts can fine, commit to imprisonment (normally between 28 days and 6
months) or give a suspended sentence where imprisonment does not take place unless the
offender commits another offence. An applicant can seek an injunction - an order - against a
respondent. The court may grant an interim injunction, that is, a temporary one, to stop the
defendant from doing something before the hearing of the application. The judge can grant or refuse
an injunction against a legal person to do or not do specified acts. The judge can, alternatively,
require an undertaking, or promise, from the relevant party at the trial proceedings.
Early Juries
d)A jury is a body of lay men and women randomly selected to determine facts and to
provide a decision in a legal proceeding. Such a body traditionally consists of 12 people and is
called a petit jury or trial jury. The exact origin of the jury system is not known. Various sources
have attributed it to different European peoples who at an early period developed similar methods of
trial. The jury is probably of Prankish origin, beginning with inquisition, which had an accusatory
and interrogatory function. Trial by jury was brought to England by the Normans in 1066.
In medieval Europe, trials were usually decided by ordeals, in which it was believed God
intervened, revealing the wrongdoer and upholding the righteous. In the ordeal by water, for
instance, a priest admonished the water not to accept a liar. The person whose oath was being tested
was then thrown in. If he floated, his oath was deemed to have been perjured. If he was telling the
truth, he might drown but his innocence was clear.
In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and
priests were forbidden to take part. As a result, a new method of trial was needed, and the jury
system emerged.
At first, the jury was made up of local people who could be expected to know the defendant.
A jury was convened only to "say the truth" on the basis of its knowledge of local affairs. The word
verdict reflects this early function; the Latin word from which it is derived, veredictum, means "truly
said".
In the 14th century the role of the jury finally became that of judgment of evidence. By the 15 th
century trial by jury became the dominant mode of resolving a legal issue. It was not until centuries
later that the jury assumed its modern role of deciding facts on the sole basis of what is heard in
court.

2.1. Comprehension questions:

1) How are the vast majority of judges called in Britain?
2) What is the difference between High Court Judges and Magistrates?
3) Who appoints senior judges to the Court of Appeal and the High Court?
4) What body is responsible for the training of judges, lay magistrates and members of tribunals
in England and Wales and what is its function?
5) What kind of sentences can judges give in civil courts?
6) What is a jury?
7) How were cases resolved before jury system emerged?
8) Why was there a need for jury system?
9) What was the function of the first juries?
10) How did the function of the jury change through the centuries?

2.2. Complete the definitions. Look at a) and b) above to help you.

1. . -collective word for a group of judges and the
name of the place where the judge sits in the court.
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 2. . ..-formal collective word for all the judges in the
legal system.
3. .. -the specific post of a judge (for example, a High
Court Judge.
4. -place where people are held as a punishment, when
convicted of an offence.

2.3. Complete the sentences. Look at above to help you.

1. Judges may make a first sentence for a non-serious offence a ..sentence.
2. The period of awarded by the judge should reflect the number and
seriousness of the offences and their context.
3. A person who seeks an injunction is generally described as the..
4. Instead of ordering a specific act, the court can seek the agreement of the relevant party to
an.to do the specified act.
5. An applicant may seek an ..to prevent a breach of contract.
6. If an applicant claims that the defendant is about to do something that infringes his/her
rights before there can be a hearing (for example, to dispose of disputed property), the judge may
grant an .......... ..

2.4. Complete the following text using the words from the box.
The Jury in Britain

criminal offence; acquitted; challenge; civil cases; convicted;

disqualified; liable for; right of appeal; evidence; judiciary;
verdict; unanimous; undertake

Trial by jury is an ancient and important feature of English justice. Although it has declined in
________________ ____________(except for libel and fraud), it is the main element in criminal trials in
the Crown Court. Now, most categories of British residents are obliged to__________ jury service
when summoned. Before the start of a criminal trial in the Crown Court, 12 jurors are chosen from a
list of some 30 names selected from local electoral registers. They listen to the _______ at the trial
and give their verdict on the facts, after having been isolated in a separate room for their
deliberations. In England, Wales and Northern Ireland the _____________may be guilty or not
guilty, the latter resulting in acquittal. Until 1967 the verdict had to be_____________. But now
the judge will accept a majority verdict after the jury has deliberated for more than two hours
provided that, in the normal jury of 12 people, there are no more than two dissenters. In Scotland the
jury's verdict may be guilty, not guilty or not proven, the accused is _________ if either of the last
two verdicts is given. As a general rule no one may be ______________without corroborated
evidence from at least two sources. If the jury acquits the defendant, the prosecution has
no__________ __________and the defendant cannot be tried again for the same offence.
A jury is independent of the ____________. Any attempt to interfere with a jury is a________
__________. Potential jurors are put on a panel before the start of the trial. In England and Wales
the prosecution and the defence may____________individual jurors on the panel, giving reasons for
doing so. In Scotland the prosecution or defence may challenge up to three jurors without reason. In
Northern Ireland each defendant has the right to challenge up to 12 potential jurors without giving a

15
reason. People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral
register, with certain exceptions, are________jury service and their names are chosen at
random. Ineligible people include, for example, judges and people who have within the previous ten
years been members of the legal profession or the police, prison or probation services. People
convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has
received a prison sentence of five years or more is____________for life.

2.5. Match the judicial offices in the box w ith the required qualifications
below (1-4). Bear in mind the hierarchical structure of the courts.
11. Lord of Appeal in Ordinary 33. Lord Justice of Appeal

22. Circuit Judge 44. District Judge (Magistrates

Court)

1. must have been qualified as a lawyer for at least seven years

2. must have been qualified for ten years, although three years service as a full-time District
Judge is allowed
3. must have been qualified as a lawyer for at least fifteen years and is usually drawn from
judges in the Courts of Appeal in England, Wales and Northern Ireland, and in the Court of
Session in Scotland
4. the statutory qualification is at least ten years in the High Court as a lawyer and, in practice,
to be a High Court Judge.

D) Judges and Jury in the USA.

The judge is the final arbiter of the law. The judge is charged with the duty to state, as a
positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.
Judges in federal courts are appointed by the President with the advice and consent of the Senate.
Many state court judges are elected by popular vote.
Jury
The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive
instructions from the judge as to the law, and its members will assess the facts as they perceive them
in light of the law, as instructed, to return a verdict.
The Fear of Jury Duty
For Americans, serving jury duty has always been a dreaded chore. There is plenty of history
behind this fear. In colonial days, jurors were locked in a small room with no ventilation and were
denied food and water in an attempt to inspire a quick verdict. If the jurors returned with the wrong
decision, they too were charged with a crime. As more and more laws were passed, the rules of
evidence expanded and trials became longer, which resulted in more technical and increasingly
boring hours for jurors. Trial lawyers have tried to change the boredom by replacing endless hours
of testimony with computer animation, video reconstructions, color charts and graphics to better
explain the evidence.
The judicial system depends on juries. The United States Constitution guarantees its citizens
the right to a trial by jury of their peers. When summoned for jury duty, Americans should look upon
it as an opportunity to serve their country, their community, and their fellow citizens.

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Each year, over 5 million Americans are summoned for jury duty to render verdicts in
approximately 120000 trials.
Prospective jurors are chosen at random from voter registration lists. When people are
chosen for jury duty, they are often shown a video tape explaining the jury system or given a
handbook on jury service.

2.6. Answer the following questions:

1. Why have Americans always feared the jury service?
2. In what conditions were jurors kept in colonial days? Why?
3. How has trial procedure changed through the years?
4. Why is the right to a jury trial considered to be so important for the U.S. citizens?

E) Jury Service an Important Job and a Rewarding Experience

The right to trial by a jury of our fellow citizens is one of our most important rights and is
guaranteed by the Constitution of the United States. By serving on a jury, then, you are helping to
guarantee one of our most important freedoms.
Your job as a juror is to listen to all the evidence presented at trial and to decide the facts
that is, to decide what really happened. The judge, on the other hand, decides the law that is,
makes decisions on legal issues that come up during the trial. For example, the judge may have to
decide whether you and the other jurors may hear certain evidence or whether one lawyer may ask a
witness a certain question. You should not try to decide these legal issues, sometimes you will even
be asked to leave the courtroom while they are being decided. Both your job and that of the judge
must be done well if our system of trial by jury is to work. In order to do your job you do not need
any special knowledge or ability. It is enough that you keep an open mind, concentrate on the
evidence being presented, use your common sense, and be fair and honest. Finally, you should not
be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and
all ideas.
Many jurors find that it is exciting to learn about this most important system from the
inside, and challenging to deal fairly and thoroughly with the cases they hear. We hope that you,
too, find your experience as a juror to be interesting and satisfying.

How were they chosen?

Your name was selected at random from voter registration records and placed on a list of
potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that
you were eligible for jury service and were not exempt from service. To be eligible, you must be
over 13 years of age, a citizen of the United States, a resident of the county in which you are to serve
as a juror, able to communicate in English and if you have been convicted of a felony, you must
have had your civil rights restored. People who meet these requirements may be excused from jury
service if they have illnesses that would interfere with their ability to do a good job, would suffer
great hardship if required to serve, or are unable to serve for some other reason. You are here
because you were found to be eligible for jury duty and were able to serve. You are now part of the
jury pool, the group of people from which trial juries are chosen.

2.7. Answer the following questions:

1. What is the job of a juror?
2. What is the job of a judge?
3. What qualities should a good juror have?
4. What requirements should one meet to be eligible for jury service?
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5. What are the reasons for a person to be excused from jury service?
6. What is a jury pool?

2.8. Read the text carefully and comment on the advice given to jurors.
Do's and Don'ts for Jurors

During trial
1. DO arrive on time. The trial cannot proceed until all jurors are present. Do return to the courtroom
promptly after breaks and lunch.
2. DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their
manner while testifying. If you cannot hear what is being said, raise your hand and let the judge
know.
3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the
other jurors have conducted your deliberations. Remember that if you make up your mind while
listening to one witness's testimony, you may not be able to consider fully and fairly the testimony
that comes later.
4. DO listen carefully to the instructions read by the judge immediately before the jury begins its
deliberations. Remember that it is your duty to accept what the judge says about the law to be
applied to the case you have heard. DON'T ignore the judge's instructions because you disagree
about what the law is or ought to be.
5. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is
equally important that you do not allow other people to talk about the case in your presence, even a
family member.
6. DON'T talk to the lawyers, parties, or witnesses about anything. These people are not permitted to
talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not
trying to be rude: they are merely trying to avoid giving the impression that something unfair is
going on.
7. DON'T let yourself get any information about the case from newspapers, television, radio, or any
other source. Remember that news reports do not always give accurate or complete information.
Even if the news about the trial is accurate, it cannot substitute for your own impressions about the
case. If you should accidentally hear outside information about the case during trial, tell the bailiff
about it in private.
8. DON'T express your opinion about the case to other jurors until deliberations begin. A person
who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore
evidence that points the other way.

ROLE-PLAY
Imagine the following situation: You have been arrested and put in custody. No warrant has been
produced. Your friend or lawyer comes to see you in prison. Tell him about your problem and ask
him to take appropriate steps. Appoint another student as a judge who will do justice.

CREATIVE WRITING
I. Read the solemn jurors oath attentively and try to create your own original
version. All ideas are acceptable.

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 JUROR'S OATH
I do solemnly, sincerely and
truly declare and affirm that I
will faithfully try the
defendant and give a true
verdict according to the
evidence.

II. Imagine that you are a juror not willing to perform your jury duty. Fill in the form
stating your own reasons:

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JURORS OATH

20
JUROR'S EXCUSAL/POSTPONEMENT FORM

You may be disqualified / exempt from Jury Duty for the reasons listed below by checking the
appropriate item, or enter your request in the area provided

DISQUALIFICATIONS FOR JURY DUTY

Convicted Felon (Civil Rights not Restored)

Presently under prosecution for a crime
Not a resident of_______________________________ County
Not a citizen of the United States
You may be EXEMPT from Jury Duty for reasons listed below
70 or older and wish to be temporarily excused
70 or older and wish to be permanently excused
Physically unable (Doctor's note must be submitted)
Parent, not employed full time with custody of child under age 6
Expectant Mother
Served on Jury Duty in past 12 months
Full-time law enforcement officer

I request to be excused or postponed because

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
____________________________________________________________________________
Any request for excusal or postponement must be received at least 7 days prior to your report date.
You will be notified by mail regarding the status of your request and postponement date, if
applicable.

_________ ___________________________
Signature Phone number (Home and Work)

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 Case Study
Law life situations and their solving:
Problem I: Junior, forgetting that his grandmother hates snakes, brings home his
pet python to show it to her. She lapses into a coma from the fright, coming very
close to death, but eventually recovers. Is Junior guilty of attempted murder?

Writing
Look at this picture and make up a situation thinking of all the details involved
in a trial (one page).
 TIME FOR FUN

A man had been convicted of theft on circumstantial evidence. When the case was
sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime
committed. Good Heavens, man! said the lawyer.Why on earth didnt you reveal that
fact at the trial?
Well, said the man, I thought it might prejudice the jury against me.

A man accused of stealing a watch was acquitted on insufficient evidence. Outside
the courtroom he approached his lawyer and said, What does that mean-acquitted?
It means, said the lawyer, that the court has found you innocent. You are free to go.
Does it mean I can keep the watch? asked the client.

Lawyer: "What is your date of birth?"
Witness: "July 15th."
Lawyer: "What year?"
Witness: "Every year."

H u mo rou s L e g a l C a s e s

Macedonian court convicts bear of stealing honey:

March 13 - A Macedonian court convicted a bear of theft and damage for stealing honey from a beekeeper
who fought off the attacks with thumping "turbo-folk" music.
"I tried to distract the bear with lights and music because I heard bears are afraid of that," Zoran Kiseloski
told top-selling daily Dnevnik after the year-long case of the bear vs. the beekeeper ended in the
beekeeper's favour.
"So I bought a generator, lit up the area and put on songs of (Serbian turbo-folk star) Ceca."
The bear stayed away for a few weeks, but came back when the generator ran out of power and the music
fell silent, Kiseloski said, adding, "it attacked the beehives again."
A court in the city of Bitola found the bear guilty, and since it had no owner and belonged to a protected
species, ordered the state to pay the 140,000 denars ($3,500) damage it caused to the hives.

Final Vocabulary Record Sheet

WORD TRANSL NOTES
. Definition, example...