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Lesson 6
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THE AMERICAN LEGAL PROFESSION
The American legal profession, like American law, has it 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 f work done by lawyers.
Attorney
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 advice 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 offered 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.
Judge
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.
New vocabulary:
attorney — поверенный
counselor — адвокат(США)
negotiator — посредник
litigator — сторона в судебном процессе
engage in factual investigation — заниматься фактическиv расследованием
order the client's affairs - приводить в порядок дела клиента
get a favorable resolution — добиться благоприятного решения
the art of negotiation - искусство ведения переговоров
retain the right — сохранять право
accept - принимать
reject — отклонять
motion — ходатайство
locate — устанавливать местонахождение
be charged with the duty — иметь обязательства
maintain Order — поддерживать порядок assess
the facts — оценивать факты
perceive — понимать, осознавать
in the light of the law — в свете закона
return a verdict — вынести вердикт
1. Образуйте существительные от данных ниже глаголов и переведите
их на русский язык.
to negotiate -
to litigate -
to engage -,
to oppose -
to assess -
to advise -
2. Заполните пропуски в предложениях, используя существительные
и глаголы из упражнения 1.
1. The treaty was the result of long.....
2. The contract is still under...............
3. There is a strong...... to new taxes.
4. The lawyers........ against singing the contract.
5. He gave me some good...................
6. What's your....., of her chances of winning.
7. It's too early... the effects of the new legislation.
8. The president...... giving military aid to the country.
9. Politicians shouldn't... in business affairs that may affect their political judgment.
Ответьте на вопросы.
1. What are the main roles of the lawyer in factual investigation?
2. What does the art of negotiation involve?
3. Who are the judges in federal courts appointed by?
4. What are the main functions of the jury?
3.Вместо точек вставьте местоимение some или any:
1. Did you buy … stamps? 2. He gave me … postcards. 3. Are there … illustrations in that book? 4. Here are … letters for you. 5. Is there … paper in the drawer? 6.Take … jam, please. 7. Can you give me … more information? 8. Do you want … apples? 9. Please, give me … more pudding. 10. Have you … more books? 11. Did you buy … blue ink? 12. I want to buy … flowers. 13. Put … salt on your meat. 14. If you find … money on the floor, it’s mine.