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B) Find 5 sentences in the text with the given word-combinations.
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Exercise 17
Choose the suitable word and translate the sentences into Russian:
1. Barristers prepare (petitions, pleadings) and other documents needed in the legal process.
2. The function of barristers is to (direct, conduct) cases in court.
3. The function of a solicitor is the giving of (lawful, legal) advice on a wide variety of questions.
4. A solicitor has the right of audience as a (n) (pleader, advocate) in magistrates' courts and the county courts.
5. A solicitor may (act, operate) for his client who is selling property. And this particular skill is known as conveyancing.
6. Conveyancing, probate and litigation are the three main fields of (action, activity) of a solicitor, but there is no limit to the topics which may find their way to his office.
7. All barristers spend a lot of time at paper work apart from the (presentation, introduction) of cases in court.
8. The division of the legal (profession, employment) into barristers on the one hand and solicitors on the other hand, has been traced back to about 1340.
9. All practicing barristers are junior (counsellors, counsels) unless they have been appointed Queen's Counsels (Q.C.).
Exercise 18
Choose the correct ending to the sentences:
1. The barrister is usually thought of primarily as an advocate
a) because he is familiar to the public in his role as general legal adviser;
b) because people may call at his office and receive his advice in personal interview;
c) because he is a specialist defence counsel;
d) this is the work in which he is most often engaged.
2. The solicitors may form partnerships, which give them the opportunity
a) to have the right of audience as an advocate before all the superior courts;
b) to be a general practitioner;
c) to be an advocate in the inferior courts;
d) to specialise to some extent.
Language Focus
Contrasting and comparing
Exercise 19
a) Make up sentences, using the information below:
| Functions | Solicitor | Barrister |
| dealing with clients | directly | indirectly (via) |
| speaking in court | inferior | superior |
| forming partnership | yes | no |
| representing a party in court | defence | defence prosecution |
b) Compare the rights and duties of barristers and solicitors, using the following models:
like/ unlike + N
in contrast to +N
S+V, but S+V
e.g. Unlike barristers, the solicitors can form partnerships.
Exercise 20
Writing. Divide the text into three logical parts. Find in each part key sentences, containing the main information. Write a summary of the text (180 words).
Exercise 21
Grammar focus 6. Complex Subject.
1. N... V(passive)... Infinitive...
Example: He is considered to be a good lawyer.
2. N... V (active)... Infinitive...
Example: She turns out to be a law-breaker.
3. N... V (to be+adv.)... Infinitive...
Example: They are likely to take part at the trial.
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Translate the following sentences.
1. They are thought to have committed this crime.
2. She is supposed to give evidence at the hearing.
3. The judge seems to postpone the trial.
4. This man turns out to be an in-house lawyer.
5. They are likely to be experienced solicitors.
6. A solicitor is unlikely to have right of audience in the higher courts.
Exercise 22
Find the sentences with the Complex Subject in the text and analyze them.
GLOSSARY
1. admit (v.) - (a) to say that something really happened or is correct;
e.g. He admitted his mistake.
(b) to allow someone to practice as a solicitor.
e.g. He was admitted to practise as a solicitor.
2. advocacy (n.) - skill of pleading a case orally before a court.
e.g. Both barristers and solicitors can do advocacy.
3. advocate (n.) (in Scotland) - barrister; lawyer (in the USA).
4. barrister (n.) - lawyer who can plead or argue a case in one of the higher courts.
e.g. Barristers are instructed only by solicitors and never by members of the public.
5. conveyancing (n.) - drawing up the document which legally transfers a property from a seller to a buyer.
e.g. He speciaizes in conveyancing.
6. counsel (n.) - a barrister
e.g. Queen's Counsel – senior British barrister.
7. defend (v.) - to fight to protect someone or something.
e.g. He hired the best lawyers to defend him.
defence (n.) – protecting someone against attack.
e.g. A defence counsel represents the defendant or the accused.
8. in - house (adj.) - existing within an organization or working for a company.
e.g. He works for our company as an in-house lawyer.
9. instruct (v.) - to tell someone officially to do something; to give information.
e.g. He instructed his lawyer to start legal proceedings on his behalf.
10. liability (n.) - being legally responsible for paying for damages or loss.
e.g. His insurers have admitted liability for damage.
unlimited liability (n.) - situation where a sole trader or each partner is responsible for all the firm's debts.
e.g. He admitted unlimited liability for all his debts.
11. litigation (n.) - bringing of the lawsuit against someone to have a dispute settled.
e.g. He has got into litigation with the county council.
12. opinion (n.) - (a) what people think about something;
(b) piece of expert advice;
e.g. The lawyers gave their opinion.
13. partnership (n.) - a business where two or more people share the risks and profits.
e.g. Working partners are fully liable for all the obligations of the partnership.
14. plaintiff (n.) - person who starts the action against someone in the civil courts.
e.g. Plaintiff and defendant are parties to the suit.
15. plead ( v.) - to make or answer a statement (usually in evidence). That something has happened or is true.
e.g. You should get a lawyer to plead your case.
pleading (s) (n.) – documents setting out the claim of the plaintiff or the defence of the defendant.
e.g. Pleadings must be submitted to the court when the action is set down for trail.
16. prosecute (v.) - to speak against the accused person on behalf of the party bringing the charge.
e.g. Mr. Smith is prosecuting, and Mr. Jones is appearing for the defence.
17. representation (n.) - action on behalf of someone.
e.g. The defendant was provided legal representation.
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18. right of audience (n.) - right to speak to a court.
e.g. A barrister has right of audience in any court.
19. self – employed (adj.) - working for himself.
e.g. He worked in a bank for 10 years but now is self-employed.
20. sole trader (n.) - person who runs a business, usually by himself.
e.g. This barrister is a sole trader.
21. solicitor ( n.) - lawyer who has a valid certificate to practise and who gives advice to members of the public and acts for them in legal matters.
22. to draw up (v.) - to write a legal document.
e.g. To draw up a contract or an agreement.
23. to plead ( v.) - to make or answer a statement (usually in evidence) that some thing has happened or is true.
24. will ( n.) - legal document by which a person gives instructions to how his property should be disposed after he dies.
e.g. He wrote his will in 2009.
25. suspect (v.) - to believe that someone has done something.
e.g. He was suspected of committing a crime.
suspect (n.) - a person whom the police think has committed a crime.
e.g. The police are questioning the suspect now.
suspicion (n.) - feeling that a person has when he suspects.
e.g. He was arrested on the suspicion of having stolen the money.
suspicious (adj.) - having, showing or causing suspicion.
e.g. The policemen became suspicious of his movements.
26. accuse (v.) - to say that someone has committed a crime.
e.g. He was accused of murder.
accusation (n.) - act of saying that someone has committed a crime
e.g. He was under an accusation of theft.
27. hire (v.) - to engage someone to work for you.
e.g. We hired the best lawyers to represent us.
28. argue (v.) - to discuss something about which there is disagreement; to give reasons for something.
e.g. The police solicitor argued against granting bail.
argument (n.) - (a) discussing something without agreeing
e.g. They got into an argument with the judge.
(b) reasons for something
e.g. The judge found the defence arguments difficult to follow.
29. rule (v.) - to give an official decision.
e.g. We are waiting for the judge to rule on admissibility of the defence evidence.
rule (n.) - general order of conduct which says how things should be done.
e.g. “Judges' Rules” is the document governing how the police should act in questioning suspects.
ruling (n.) - decision made by a judge.
e.g. According to the ruling of the court, the contract was illegal.
30. guilt (n.) - state of having committed a crime or done some other legal wrong.
e.g. He admitted his guilt.
guilty (adj.) - person who has done something against the law.
e.g. He was found guilty.
plead guilty or not guilty – to say at the beginning of the trial that you did or did not commit the crime.
31. innocent (adj.) - not guilty of a crime.
e.g. The accused was found to be innocent.
32. prevent (v.) - to stop something happening.
e.g. The main task of the police is to prevent crime.
preventive (adj.) - which tries to stop something happening.
e.g. Preventive measures against theft.
prevention (n.) - stopping something taking place.
e.g. Prevention of terrorism.
33. enforce (v.) - to make sure something is done or is obeyed.
e.g. To enforce laws means to make sure that the laws are obeyed.
34. jail=prison (n.) - place where criminals are kept.
e.g. He spent 10 years in jail.
35. reprimand (v.) - to critisize someone officially.
e.g. He was reprimanded by the magistrate.
36. apprehend (v.) - to arrest.
e.g. The suspect was apprehended at the scene of the crime.
37. justice (n.) - (a) fair treatment (in law).
e.g. To administer justice means to make sure that the laws are correctly and fairly applied.
(b) a magistrate.
(c) a senior judge (in the appellate courts)
e.g. Lord Chief Justice is the chief judge of the Queen's Bench Division of the High Court.
38. advice (n.) - opinion as to what action should be taken.
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e.g. We sent the documents to the police on the advice of the solicitor.
advise (v.) - to suggest to someone what should be done.
e.g. Our lawyers advised us against filing the lawsuit.
adviser (n.) - a person who suggest what should be done.
e.g. He is a company's legal adviser.
advisory (adj.) - as an adviser.
e.g. An advisory board is a group of advisers.
UNIT 4
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