What do solicitors do?

LAW AND ORDER

 

The present British legal system forms the basis of the Judiciary –

the third branch of the government – and comprises three separate systems – that for England and Wales, that for Scotland and that for Northern Ireland. They differ somewhat from each other in terms of procedure, courts and the legal professions. Generally, however, Scottish and Northern Irish laws are in line with those of England and Wales, and the majority of Westminster legislation is applicable to Britain as a whole. Thus, here we shall be mainly concerned with the common legal system in England and Wales, the English part of which has evolved over many centuries.

 

Sources of Law

 

The first thing to notice is that there is no civil code and no criminal code in England. The law as a whole consists partly of statutes, or Acts of Parliament, and partly of common law. Common law was originally based on medieval customs and conventions and established by the Norman kings.

As Britain developed its trading power, mercantile and other forms of commercial law emerged. Later changes, such as population growth and increasing social and economic complexity necessitated more courts and their further specialization.

It has recently become customary to single out three main sources of contemporary English law: statute law, common law and European law.

Statutes (largely relating to criminal justice), which have been created by Acts of Parliament after the usual passing of bills through Parliament and the Royal Assent, are the ultimate source of law. There are no legal limits on what may be done by Acts of Parliament: Parliament as the supreme legislative body creates new laws, it can repeal an Act, wholly or partly, replacing it with new provisions. Some Acts create a new law, while others consolidate the law by drawing together existing law on a given topic. Acts of Parliament are supreme over all other forms of law except for some European Union law.

Common law (unwritten law or case law), the ancient law of the land, is the outcome of the past decisions and practices based upon custom and reason. These successive court decisions built up over the years formed precedents from which later judges could deduce the basic principles that were to be applied to new cases. The doctrine of precedent is strong in English law, and means that the decisions of higher courts bind the judges of lower courts, who are obliged to follow it.

 

TASK 1. Answer the following questions.

1. What does the law consist of in England?

2. What is the origin of Common Law?

3. What is Common Law?

4. What necessitated more courts?

5. What are three main sources of contemporary English law?

6. What is the doctrine of precedent?

 

TASK 2. Read the text and make a synopsis of it in English.

 

В Соединенном Королевстве Великобритании и Северной Ирландии наряду с английским правом, действующим в Англии и Уэльсе, функционирует как совершенно самостоятельная система право Шотландии. Известными особенностями отличается и английское право, действующее в Северной Ирландии.

Основными источниками английского права являются судебные прецеденты, т.е. решения высших судов, имеющие обязательную силу для них самих и нижестоящих судов, статуты – законодательные акты британского парламента и, наконец, издаваемые исполнительными органами акты так называемого делегированного законодательства. В свою очередь, в системе судебных прецедентов различаются нормы общего права, которое начало формироваться еще в XI в. И ныне играет самостоятельную роль, либо дополняет законодательство в самых различных отраслях правового регулирования, и нормы так называемого права справедливости.

 

TASK 3. Complete the following sentences.

 

1. The third branch of the British government is ……….

2. The Judiciary comprises three ……….

3. Common Law was originally based on……….

4. The precedent is ……….

 

TASK 4. What words are given definitions to? Choose them  from the list below.

- the body of rules with authority to govern the actions and relations of people in an organized political community or among States

- a collective term for all judges: in the UK, the Sovereign is head of the…

- a person with authority to hear and decide disputes brought before a court for decision

- all or part of a country’s written law, statute law; also the process of making written law

legislation; law; judge; judiciary

 

European Community law has become the latest element in English law because of Britain’s membership in the EU since 1973. It derives from the EC treaties, from the Community legislation adopted under such treaties, and from the decisions of the European Court of Justice. That court has the ultimate authority to decide points of Common Law.

 

Who’s who in the law?

If you are prosecuted for a crime in Britain, you may meet the following people during your process through courts:

Magistrates

Magistrates are unpaid judges, usually chosen from well-respected people in the local community. They are not legally qualified. They are guided on points of law by an official, the clerk. There are magistrates’ courts in most towns.

Solicitors

After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid – financial help from the state.

Barristers

In more serious cases, or where there are special legal difficulties, it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister, who represents the state. Legal Aid is available to pay for defence barristers.

Jurors

A jury consists of twelve men and women from the local community. They sit in the Crown court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain a person is innocent unless found guilty: the prosecution has the burden of establishing guilt.

Judges

Judges are trained lawyers, nearly always ex-barristers, who sit in the Crown court (and appeal courts). The judge rules on points of law, and makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused – that is the jury’s job. However, if the jury finds the accused guilty, then the judge will pass sentence.

 

What do solicitors do?

 

There are solicitors’ offices in every town of England and Wales. They are the first point of contact for the public when looking for legal advice, including work often performed by notaries in other countries, for instance, transfer of real property, drawing up contracts, and handling successions.

Solicitors in general practice serve the local community, solving the legal problems of the public. They are not, however, tied to any particular court: a solicitor can act throughout England and Wales.

The formalities involved in real property transfer and succession form a significant share of the work of solicitors in general practice. Solicitors also pursue claims arising from personal injuries, or may be called upon to advise or plead in court on their client’s behalf in criminal cases. Family law is a significant area of work: solicitors often appear as advocates in matrimonial cases. They make wills and administer estates of people who have died.

Solicitors advise businesses on such issues as employment, contracts, company formations and competition policy.

 

Vocabulary

to look for (legal advice) – to try to find; to expect

notary – an official authorized to certify or attest documents

to notarise – to certify or attest the documents as a notary

transfers of property – making over property to another person

to pursue claims – to assert the client’s rights to smth

personal injury – damage done to a person’s body

matrimonial cases – cases concerning marriage or married people

will – a legal document directing the disposal of one’s property after death

to administer estates – to administer property, possessions

issue – a point under dispute

competition policy – rivalry, argue

mortgage – a special type of loan