II. DEVELOPMENT
TEXT 2
Read the text “Training Lawyers in the UK and in the USA”.
Notes on the text:
LLB – Bachelor of Law – бакалавр юридичних наук (перший ступінь вищої освіти в галузі права)
LLM – Master of Law – магістр юридичних наук (другий ступінь вищої освіти в галузі права)
Juris Doctor (JD) –доктор права(перший ступінь вищої освіти в галузі права в США)
The United States is the only common law country that no longer offers the LL.B. While the LL.B. was conferred until 1971 at Yale University, since that time, all universities in the United States have awarded the professional doctorate J.D.,which then became the required degree for the practice of law.
Inn of Court — «інн», школа підготовки баристерів
the Law Society— професійна спілка солісіторів
General Council of the Bar— генеральна радаспілки баристерів
Bar exam— іспит на право займатися адвокатською практикою
solicitor — солісітор (адвокат, який надає поради клієнту, підготовлює справи для баристера та зазвичай виступає в судах нижчої інстанції)
barrister — баристер (адвокат, який має право виступати в вищих судах)
In the United States, the formal study of law is only available at the postgraduate level. To attend an American law school, a student must already hold an undergraduate degree.
The most common law degrees offered by American law schools are the professional Juris Doctor (JD) degreeand the master’s degree in law (LLM).
The professional JD degree (requires three years of study) is meant for those who wish to practise law in the US. Therefore, the main concentration of the degree programme is on American law. The first year includes compulsory courses such as civil procedure, constitutional law, contracts, criminal law and procedure, legal method, legal writing, property law and torts (personal injury law). The first year may also include mock trials in which students argue cases against one another. During the second and third year, courses may include evidence, civil litigation, taxation, wills and trusts, administrative, corporate, commercial, family, environmental or international law.
LLM programs (typically one year at length) are intended for qualified lawyers who have several years of experience but wish to pursue further study. General LLMdegree programmes can be individually adapted to suit a candidate's interests and normally require a thesis.
In order to practise law, one must first be “admitted to the bar” in an individual state. This entails passing the state bar exam and any other exams required by the state bar examiners. Generally, the state bar exam requires evidence of three qualities in exam candidates: sufficient general education at the undergraduate level; sufficient US legal education gained from a law school; and sufficient knowledge of local bar requirements.
In England and Wales there are two distinct branches under the legal system, that of solicitorsand barristers.
Both solicitors and barristers must complete two clear stages of training, the academic and vocational stages. The academic stage is usually accomplished by obtaining a law degree, although graduates with degrees other than law can still enter the professions by taking the Graduate Diploma in Law which will take a further year of study. A qualifying law degree in the England and Wales (LLB) consists of seven modules drawn from the following subject areas: Public law (constitutional/administrative), European Union law, Procedural Law (including law of evidence), Criminal law, Law of Obligations (contract, restitution, and tort), Property law (real property), Trusts and Equity.
Once you have completed the academic stage, you must complete the second stage of vocational training.
For solicitors, the Law Society requires to take a Legal Practice Course. This is followed by obtaining a Training Contract from a firm of solicitors who agree to provide you with a further two years of training before you are finally admitted as a solicitor to the Law society.
Barristers are required to take the Bar Vocational Course, designed by the General Council of the Bar to provide students of the bar with the practical skills involved in court work. On successful completion of the Bar Exams the student can then be called to the Bar by their Inn of Court. All prospective barristers are required to join one of the four Inns of Court, the tradition involves paying a membership fee and attending a required amount of sessions at their Inn.
Before a barrister can actually practice on their own, they must complete their 12 months 'pupillage' where they work with an experienced barrister to learn the practices that constitute a barrister's work.
1. Answer the following questions using the information from the text:
1. What law degrees are offered by American law schools?
2. What compulsory courses are included in the first year of the JD program?
3. What is a mock trial?
4. Who are LLM programs intended for?
5. What does the state bar exam in the US require?
6. What two stages of training are compulsory for both barristers and solicitors?
7. What vocational training is required for solicitors?
8. What is the purpose of the Bar Vocational Course?
9. What traditions are followed when prospective barristers join the Inns of Court?
10. How long does “pupilage” take?
2. Find in the text words and expressions which mean:
1. a long piece of writing about a particular subject that you do as part of an advanced university degree such as PhD;
2. relating to studies done at a university after completing a first degree;
3. a type of lawyer in Britain who gives legal advice, prepares the necessary documents when property is bought or sold, and defends people, especially in the lower courts of law;
4. a document showing that someone has successfully completed a course of study or passed an examination;
5. a course of study at a university or college, or the qualification that is given to you when you have successfully completed the course.