Engleski jezik 1 - Advanced Learning - The world of today - Barrister or lawyer

1 Crossword

Do the vocabulary crossword. The terms are all connected to the British judicial system.

2 Be a judge

Here are some of the sentences possible in an English court. Read four cases and decide what sentence you would give to each of the people.

Sentences:
1. Community Service - you have to do a period of unpaid work in hospitals/old people’s homes.
2. Fine - you pay money to the court.
3. Probation - you are not sent to prison, but you have to stay out of trouble. Once a week you visit a “probation officer”, who asks about your behaviour.
4. Prison - you go for a fixed period of time (from short sentences to life in prison).

Nigel is 38. He drank a bottle of wine and then drove home. He had a car accident and killed a 13-year-old boy. Kevin, 15, was caught traveling on the train without a ticket. The ticket would have cost $1,75.

Stacey, aged 22, was caught selling marijuana at a disco. At her flat about 50 grams of the drug was found. (value/ around $250). Dean, 17, broke the window of a new Mercedes and stole a mobile phone and four CDs.

3 Reading

Read the text and answer the questions (short answers).

A lawyer is a term used to describe any person that is a Licensed Legal Practitioner qualified to give legal advice in one or more areas of law. A solicitor is a type of lawyer that provides expert legal advice and support to clients. They are the first port of call for people who need legal advice, and may refer a matter on to a barrister if needed. Solicitors work across the whole legal field, but may specialise in areas such as estate planning, employment law, intellectual property law, taxation law and asset protection.

Although their specific work activities will depend on their area of expertise, a solicitor’s job role can include preparing documents for court; negotiating between their client and another party to secure agreed objectives; gathering evidence; appearing in court (except when a barrister is needed); and instructing a barrister or specialist advocate for expert evidence to appear in Court for a client. A good solicitor should pay attention to detail, have good negotiation skills and communicate effectively.

A barrister is another type of lawyer who can represent clients in court or through written legal advice. They usually focus on one area of law in order to provide specialist legal advice. Barristers are usually engaged by the solicitor, rather than the client, and are generally not required until legal representation is required in court.

a) Who can provide expert legal advice to clients?
b) Who should be good at negotiating?
c) Who can give the clients advice on intellectual property?
d) Who does a lawyer usually engage to represent clients in court?

4 A video

Follow the link and watch a video about the organisation of courts in the UK and answer the questions using short answers.

5 Listening

Listen to a legal expert talk about judicial system in the UK in comparison to the American system and put the missing words into the sentences.

Transkript

"When it comes to the fundamentals, they are similar." Laws are set using the system of common law or case law, in which past court judgments are used to interpret what is and is not legal. However, the British legal system is not built around a constitution as the American one but is driven by precedent and various Acts of Parliament. Some of these go all the way back to Magna Carta in 1215. Scottish laws are slightly different because they are set both by common law and civil law (in which past precedents are abandoned in favour of fresh legislation). However, in neither case is there a sole central document from which the law is derived.

Once someone has been arrested in the UK, the Crown Prosecution Service, or CPS, takes their case before a magistrates' court, in which three judges decide whether there is enough evidence to pursue the case through the courts. There is no jury here as there is in American courts. If enough evidence is found, a formal indictment is served, assuming the case is to be subjected to trial by jury. Some minor cases remain a matter for the magistrates’ court.

American juries are selected and agreed upon by counsellors for the defence and prosecution, which can become part of the drama in court and which you have probably seen in TV courtroom dramas. In contrast, in the English and Welsh systems, the selection is random. Juries are selected from a list of eligible candidates, who need to be British residents aged between 18 and 70 and registered to vote. Jury duty can arrive at any time, and it is expected to be honoured where possible, "although it can be deferred in extreme circumstances".

The British courts are specific when it comes to terminology referring to people appearing in a courtroom. While technically everyone in a courtroom counts as a lawyer, there are two distinct disciplines at work in the English legal system, and these have their own job titles: solicitors and barristers.

Solicitors work with clients on a wide spectrum of legal matters, offering advice and drafting legal documents. They can represent their clients in court in minor cases but are far more likely to be handling everything that happens outside of the court proceedings, because that’s their main area of responsibility. They’re the equivalent of specific American law practitioners, like real estate attorneys, healthcare attorneys, and so on.

Barristers are the courtroom experts, the litigators. They’re the people in short wigs and robes who do the verbal fencing and cross-examinations in front of the jury. A solicitor will take their client to a barrister and ask them for courtroom representation, which allows the solicitor space to administrate the necessary documents and files needed for the trial.

The person in the long wig and more ornate red robes is the judge, and the purpose of all these items is to create respect for the court and the positions each person holds within the court. While civil court cases can be heard without the finery, a bewigged judge (or a Queen’s Counsel, who is a senior barrister with a shorter wig) does not only make decisions but is also a representative of the whole British legal system. And for criminal justice, the wigs do underline this point very well.

"When it comes to the fundamentals, they are similar." Laws are set using the system of common law or case law, in which past court are used to interpret what is and is not legal. However, the British legal system is not built around a constitution as the American one but is driven by precedent and various Acts of . Some of these go all the way back to Magna Carta in 1215.

Scottish laws are slightly different because they are set both by common law and law (in which past precedents are abandoned in favour of fresh legislation). However, in neither case is there a sole central document from which the law is derived. Once someone has been arrested in the UK, the Crown Prosecution Service, or CPS, takes their case before a magistrates' court, in which three judges decide whether there is enough to pursue the case through the courts.

There is no jury here as there is in American courts. If enough evidence is found, a formal indictment is served, assuming the case is to be subjected to trial by jury. Some minor cases remain a matter for the magistrates’ court. American juries are selected and agreed upon by counsellors for the defence and , which can become part of the drama in court and which you have probably seen in TV courtroom dramas. In contrast, in the English and Welsh systems, the selection is random.

Juries are selected from a list of eligible candidates, who need to be British residents aged between 18 and 70 and registered to vote. duty can arrive at any time, and it is expected to be honoured where possible, "although it can be deferred in extreme circumstances". The British courts are specific when it comes to terminology referring to people appearing in a .

While technically everyone in a courtroom counts as a lawyer, there are two distinct disciplines at work in the English legal system, and these have their own job titles: solicitors and . Solicitors work with clients on a wide spectrum of legal matters, offering advice and drafting legal documents. They can represent their clients in court in minor cases but are far more likely to be handling everything that happens outside of the court proceedings, because that’s their main area of responsibility. They’re the equivalent of specific American law practitioners, like real estate , healthcare attorneys, and so on.

Barristers are the courtroom experts, the . They’re the people in short wigs and robes who do the verbal fencing and cross-examinations in front of the jury. A solicitor will take their client to a barrister and ask them for courtroom representation, which allows the solicitor space to administrate the necessary documents and files needed for the trial. The person in the long wig and more ornate red robes is the , and the purpose of all these items is to create respect for the court and the positions each person holds within the court.

While civil court cases can be heard without the finery, a bewigged judge (or a Queen’s Counsel, who is a senior barrister with a shorter wig) does not only make decisions but is also a representative of the whole British legal system. And for criminal justice, the wigs do underline this point very well.

6 Match the word with its definition

Choose the best word for each definition from the drop-down menu.

a) a person who is in charge of a trial in a court and decides how a person who is guilty of a crime should be punished, or who makes decisions on legal matters
b) one or more reasons for believing that something is or is not true
c) a group of people who have been selected to listen to all the facts in a trial in a law court and to decide if a person is guilty or not guilty, or if a claim has been proved.
d) a type of lawyer who can give specialized legal advice and can argue a case in both higher and lower courts
e) a room where a law court meets

7 Put the words into the sentences

Put the following words into the sentences.

a) We are still waiting for the court to pass

on this case.

b) In the UK, judges wear a white

in court.

c) He worked for ten years as a civil

for a famous law firm.

d) Her plea of not guilty for manslaughter was not accepted by the

.

e) He pursued his claim through the

courts.

8 True or false?

Read the text and decide whether the sentences are True or False.

When it comes to the judicial system in Croatia, the Courts of General Jurisdiction are the cornerstones of judicial practice in Croatia. These courts judge in all disputes except in those where law explicitly determines jurisdiction of another court and are organized hierarchically in three instances and are divided into regions. The three instances are: Municipal Courts, County Courts and the Supreme Court.

Municipal Courts are courts with first instance jurisdiction in both civil and penal cases. In penal litigation the courts judge in all cases where the penalty goes up to 10 years. In civil litigation these courts judge as first instance courts in all judicial, extra-judicial and execution procedures, especially in litigation against unlawful actions, and lawsuits for correction of information. Municipal courts also hold land registers that are the only legally valid registry service of real rights in Croatia.

County courts are almost exclusively second instance courts. On some occasion, these courts are used as first instance courts, and that is if in penal litigation, the punishment by law surpasses 10 years. It is important to recognize that a right to appeal is a constitutional right of every citizen and a right of every legal entity according to the practice of the Constitutional court.

The practice states that every legal entity can appeal against any and all acts of either executive or judicial power, which determine the entities legal rights and obligations. As all court decisions are acts of judicial branch of government the structure allows for an appeal against any decision made by the municipal courts. In that case county court acts as a court of appeal.

The Supreme Court is a court of full jurisdiction with respect to court decisions and it can void them, confirm them or revise them. The Supreme court is the highest court in Croatia and as the last instance it decides on extraordinary legal remedies against valid court decisions of the courts of general jurisdiction and all other courts in Croatia. The Supreme Court is also an appellate court in all cases where municipal court was the first instance.

The sources of law in Croatia are the Constitution, international contracts, laws and sub-statutory acts and the courts judge accordingly based on all four. Now, if a court is of an opinion that one of the laws in practice is unconstitutional, it is its duty to inform the Supreme Court of that fact and stop trying all cases that fall under that particular law. The Supreme Court can then start the process of constitutional review of the law.

a) The three instances are the Supreme Court, Municipal courts and the Magistrates' Court. True False

b) If a person wants to appeal, he / she goes to the County court. True False

c) The Supreme court is the first instance when it comes to deciding on extraordinary legal remedies against valid court decisions. True False

d) The only source of law in Croatia is the Constitution. True False

9 Writing

After finding out some general information about the British and the Croatian judicial system, write 10 sentences (120 to 150 words) in which you will compare the British and the Croatian judicial system. If needed, do some more research or talk to your partner about it before writing.