Studying Law in the USA

1. Acceptance into US Law Schools. In the United States, in common with the UK, 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.

2. Law schools do not require that applicants take an undergraduate degree in a particular subject or to have completed specific courses. However, there are certain skills and areas of knowledge that the law school candidate should seek to develop. Necessary skills include critical thinking, problem solving, analytical reading, oral and written communication and general research skills.

3. Prospective law school candidates should also seek to gain a basic understanding in certain subjects. These areas include

American history; political theory and the American political system; ethics and theories of justice (found in philosophy and religion courses); micro-economic theory; basic math and accounting skills; human behaviour and social interaction (found in psychology and sociology courses) and an awareness of international issues.

4. Types of Law Degrees. The law degrees offered by American law schools in order of seniority are the professional Juris Doctor (JD) degree, the master’s degree in law (LLM), and the Doctor of Juridical Science (SJD or JSD).

5. Structure of the Jurist Doctor Programmer. The first year is quite structured with compulsory courses such as civil procedure, constitutional law, contracts, criminal law and procedure, property law and torts. The first year may also include moot court exercises in which students argue cases against one another.

6. During the second and third year, courses may include evidence, civil litigation, taxation, wills and trusts, administrative, corporate, commercial, family, environmental or international law.

7. Opportunities for gaining professional skills are available after the first year through a clinical course, which allows for actual or simulated work with clients. These opportunities vary among law schools but usually take the form of an actual on-site clinic dealing with minor cases or an external clinical placement with a real law firm.

8. Expenses. The cost of applying to each law school in America can range between $25 and $100. Tuition for law school can range from $5,000 up to $25,000 per academic year. These figures do not include living expenses. The average living cost is about $9,000 for those residing on campus and more then $12,000 for those living off campus.

 

LEXIS

in common with -как и; подобно тому, как

research skills – навыки поиска информации

human behaviour - поведение и общение человека

social interaction - социальное взаимодействие

awareness of international issues - понимание международных проблем

 

in order of seniority - в порядке старшинства

Juris Doctor - доктор права (первая степень в области права, приравнивается к степени "бакалавр юридических наук")

Doctor of Juridical Science - докторюридическихнаук

be quite structured with – почти полностью состоять из

actual - действительный, фактически существующий, фактический

simulated - имитированный, искусственный, условный

 

8.8. PREPARE a list of five-seven questions of your own to ask about the text above. Be ready to interview the students in your group.

AGREE OR DISAGREE

1. The Juris Doctor degree is an equivalent to the Doctor of Juridical Science.

2. The first year of the jurist Doctor Programmer is structured mostly with elective courses.

3. The clinical course usually involves an actual on-site clinic.

4. Tuition for law school includes living expenses.

5. As a rule living in campus is cheaper than living off campus.

Вариант

SCANNING

EmoryLawSchool

1. The Emory law school, situated in the state capital of Georgia, Atlanta, USA, has identified several major goals of the first-year program, including:

a) development of analytical skills and ability to read and

b) understand cases and statutory materials;

c) practice in oral skills and argument;

d) introduction to legal research and drafting; and

e) basic substantive law coverage as the foundation for upper-level courses.

2. Small sections and individual attention are features of first-year instruction at Emory. Each first-year student takes the research, writing and appellate advocacy course from a practicing attorney in a section of no more than ten students and substantive courses (civil procedure, criminal law, contracts or torts) in a section of approximately thirty students. This makes Emory distinctive among many other law schools, which frequently have class sizes of one hundred or more.

3. Instruction is based primarily on the case method, with an emphasis on developing analytical thinking. The first-year courses, when mastered together, acquaint students with how the law develops through judicial deci­sion and the interpretation of statutes. These courses furnish the foundation on which students build a sound legal education.

4. Structure of the First-Year Course:

(i) Fall Semester. Total: 15 hours of credit

CivilProcedureI.3 hours. Emphasis on the allocation of judicial power between state and federal judiciaries, with particular attention given to the jurisdiction and venue of federal district courts and the law applied in federal courts; and arbitration as an alternative method of dispute resolution.

Contracts.4 hours. A study of the basic principles governing the formation, performance, enforcement, and imposition of contractual obligations, and the role of these princi­ples in the ordering processes of society.

Criminal Law.3 hours. A study of common and statutory criminal law, including origin and pur­pose; classification of crimes; elements of criminal liability and the development of the law respecting specific crimes.

Research, Writing and Appellate Advocacy.1 hour. An introduction to law and sources of law, legal bibliography and research techniques and strategies, the analysis of problems in legal terms, the writing of an office memorandum of law and an appellate brief, and the presentation of a case in appellate oral argument.

Torts.4 hours. A study of compensation for personal and property damages growing out of negligence, intent, or strict liability, with special attention given to nuisance, mis­representation, defamation, and privacy.

 

(ii) Spring Semester. Total: 16 hours of credit

Business Associations.4 hours. A study of the basic concepts in agency and partnership, including an introduction to modern corporation law. Fundamental duties and allocations of power between shareholders, directors, and officers are examined.

Civil Procedure II.3 hours. An examination of the trial and appellate procedure in civil cases, including the formulation and defense of claims (pleading), aids and alternatives to trial (discovery and pretrial motions); the trial, with emphasis on the right, function, and control of jury trials; and the review of the disposition of litigation (post-trial motions and appellate review).

ConstitutionalLawI.4 hours. An introductory study of the United States Constitution, including judicial review, the powers of Congress, the powers of the president, and the interrela­tionship of state and national governments; an introduction to individual rights.

Research, Writing and Appellate Advocacy (Second Part ) 1 additional hour.

Property. 4 hours. An introduction to alternative theories of property rights, the divi­sion of property rights over time (common law estates, landlord-tenant law), concurrent ownership, private land use controls (easements, covenants), and public land use controls (eminent domain, zoning).

5. Structure of the Second and Third-Year Courses. With few exceptions, all courses are elective after the first year. Three required courses which all students must successfully complete are the following:

Evidence. 4 hours. A general consideration of the rules of evidence, including relevancy, the hearsay rule, witnesses, presumptions and burdens, writings, scientific and demon­strative evidence, judicial notice, and privilege, including the constitutional privileges.

Legal Profession.3 hours. A study of the law that governs the conduct of the lawyer in our society. It emphasizes the various roles of the lawyer in the different legal processes: legislative, judicial, administrative, and private.

Trial Techniques.2 hours. An intensive instruction in every aspect of trial advocacy. Includes practical experience in trying cases, examining witnesses, introducing evidence, and dealing with objections in jury and non-jury trials. Trial experience is supplemented by textbook, lectures, and discussions.

 

6. In addition, prior to grad­uation every student must fulfill the writing requirement. This requirement may be satisfied by successfully completing a semi­nar or a directed research project (2 hours) approved by a faculty member and the associate dean for academic affairs.

7. All courses described as seminars, workshops, or clinical placements are limited-enrollment courses. In addition, some second- and third-year courses offered during the academic year are subject to enrollment limitations.

8. Seminars covering a variety of subjects are offered each semester in the law school. Each seminar is worth two credit hours. The following are the examples of such seminars: Comparative Constitutional Law, Constitution and Foreign Relations,

Corporate Civil and Criminal Liability, Criminal Procedure: Individual Liberty and Institutional Authority, Employment Discrimination, International Criminal Procedure, The Jury System, Law and Literature, Products Liability, Real Estate Loan Restructuring, Sentencing Reform, Topics in Comparative and Historical Criminal Procedures.

9. Field Placements provide a link between the classroom and the legal profes­sion under the supervision of practicing attorneys. Field placements for second- and third-year students are available with a wide variety of federal agencies, with public interest organiza­tions, and judges. Third-year students may also take litigation placements.

10. All field placements emphasize practical skills and expose students to various aspects of the practice of law. Students are limited to one placement per semes­ter. They may interview clients, negotiate agreements, present cases, conduct legal research and generally participate in the work of the particular office. Through these field experiences, students can begin to sense their own oppor­tunities and responsibilities within the legal profession. All field placementsrequire a minimum of 110 hours of work per semester for two hours of credit.

 

LEXIS

cases and statutory materials - судебные решения по делу (прецеденты) и предусмотренная законом документация

oral skills and argument - умение выступать в суде с изложением доводов (стороны по делу)

basic substantive law coverage – первоначальное ознакомление с материальными нормами отраслей права

section – группа, звено, секция

research, writing and appellate advocacy – сбор доказательств, оформление документации и отстаивание дела в суде

case method - метод обучения на примерах случаев из практики

master – овладеть, усваивать

sound – прочный, основательный, полноценный

fall semester – осенний семестр

hour of credit – зачетный балл (о прохождении курса в учебном заведении)

ordering process - приведение в порядок, процесс упорядочивания

office memorandum of law - служебнаяюридическаязаписка

appellate brief - записка по делу, представляемая адвокатом в апелляционный суд

allocations of power - распределение полномочий

aids – пособия, помощь

discovery and pretrial motions - представление документов суду и ходатайства на предварительной стадии до судебного заседания

disposition of litigation – действия по осуществлению решения по гражданскому судебному спору

judicial review - право судебной власти пересматривать и отменять постановления законодательной и исполнительной властей

easement - сервитут

eminent domain - право государства на принудительное отчуждение частной собственности

elective - по выбору; рекомендуемый, но не обязательный

relevancy – обоснованность, относимость (к делу)

hearsay rule - принцип недопустимости показаний с чужих слов

judicial notice - признание судом факта общеизвестным

prior to – раньше, прежде, дотого как

writing requirement – требования по написанию письменных работ

directed research project – рецензируемая научно-исследовательская работа

faculty member - преподаватель высшего учебного заведения, член кафедры

associate dean for academic affairs – заместитель декана факультета по учебной работе

workshop - практикум

clinical placement – прохождение юридической практики (в реальных условиях)

limited-enrollment – с ограниченным количеством кандидатов

comparative – сопоставительный, сравнительный

products liability - ответственность за качество выпускаемой продукции

expose – раскрывать,подставлять

field experience - производственная практика

 

QUESTIONS

1. What students' activities areevaluated with credits?

2. What are the major goals of the first-year courses at the Emory law school?

3. What makes the Emory law school different from many other law schools in America?

4. Which first-year courses get higher credits?

5. What courses are mandatory for all students after the first year?

6. How many credit hours is each seminar worth?

 

7. Where are field placements made available to second- and third-year students?

8. How many credit hours are field placements worth per semester?

 

AGREE OR DISAGREE

1. First-year students take the research, writing and appellate advocacy courses in sections of no more than twenty students and substantive courses in sections of about thirty students.

2. Case method as a form of instruction may also be used by faculty members.

3. In order to complete a first-year course a student should get no less than 31 hours of credit.

4. Emphasis of the first-year course "Constitutional Law" is on the allocation of judicial power between state and federal judiciaries.

5. Arbitration as an alternative method of dispute resolution is discussed in studies of Business Associations.

6. Research, Writing and Appellate Advocacyis focused on the introduction to law and sources of law, legal bibliography and research techniques.

7. After the first year all courses at the Emory law school are elective.

8. Seminars and clinical placements are limited-enrollment courses.

 

8.14. EXERCISE. Diana Williams is a lawyer. Today she is going to visit a school in her town to talk to the students about a career in law. Here are some of Diana's notes for her talk about the two separate professions that exist in England, solicitors and barristers.

 

Fill in the gaps in the text with the correct word from the box below.

 

partner qualify partnerships judge fixed salary court client solicitor attorney audience associate claims

 

In England we have two different types of lawyer. One is known as a (a) ___ and the other is a barrister. Both are called 'lawyers'. This can be a little confusing because in the USA every lawyer is usually known as an (b) ___. An English law student has to decide at sometime during their university studies which type of lawyer they would like to become when they finally (c) ___ as a lawyer.

Most English law students decide to become a solicitor. These are the lawyers that a (d) ___, the person who pays for the services of a lawyer, will usually meet first. Often the solicitor can help the client without the need for a barrister.

Most solicitors work in small private businesses, known as (e) ___, in what are called 'High Street firms'. This phrase 'Hiqh Street firm' refers to a typical, small group of solicitors working together in the type of offices that you can find on the major streets of any English town or city.

A young lawyer will usually work first as an (f) ___ of the firm and gain some experience while being paid a (g) ___ before being offered the opportunity to become a (h) ___. A typical High Street solicitor usually specialises in a particular area of law, such as family, employment or commercial law. Many people believe that solicitors cannot act for their clients in (i) ___ but this is untrue. Thousands of solicitors appear in court every day, especially in the County Courts where most (j) ___ are filed.

The second type of lawyer found in England is known as a barrister. Barristers are usually specialists in a very particular area of law. They give advice and opinions to solicitors and their clients. Barristers have the right of (k) ___ (the right to be heard by a judge) in all of the courts in the land. Barristers often share offices, known

by the traditional name of chambers, although they all work alone as individuals because they are forbidden to work as partners. After several years of experience, members of either profession may apply to preside over cases and sit as a (l) ___. Within the English legal system a law student cannot take an exam to be a judge but has to wait to be appointed after some years of experience as a lawyer.

 

EXERCISE

Read the text below and think of the word that best fits each space. Use only one word in each space.

advocate insolvency chambers damages drafting employed academic study of law partnerships pleading proceedings qualify

 

Life as a barrister is prestigious but it can also be extremely stressful. Julia de Burca is a barrister in London. The first difficulty Julia had was to (a) ____ as a barrister at all. Only 500 or so law students manage to pass the Bar Vocational Course in England and Wales every year. In an average year approximately 1,500 students begin the course, so many do not make it.

The Bar Vocational Course is described as a bridge between the (b) ___ and having to actually practice law in the real world. Julia passed the course three years ago.

In a typical day Julia leaves her flat at 7.30 am and arrives at (c) ___, the special name for a barrister's office, at 8.30 am. Julia shares a building with 14 other barristers. However, they are not partners. Barristers are allowed to share office accommodation but they are not allowed to form (d) ___. Every barrister is self-(e) ___.

If she is representing a client that day Julia travels directly to court. Speaking on behalf of a client in court is called (f) ___ a case.

As a barrister, Julia has the right of audience in court at every level. She is a confident (g) ___, which means that she is skilled at speaking in court. Julia is very successful in court, as she loves public speaking. She is also required to do a lot of research and a lot of (h) ___, which means writing legal documents. On days when Julia is not in court she spends her time preparing cases and writing opinions. She usually leaves work at around 7.30 pm, taking any work that is not finished with her. Julia often works long hours over the weekend.

Julia is a specialist in (i) ___, so she advises clients who owe money but for some reason they cannot pay. All of Julia's clients are companies. When a company has financial problems, Julia will advise the company if it can legally continue trading. She sometimes has to defend clients in court when legal (j) ___ have been issued against them. If her client loses the case and the judge awards (k) ___ to the claimant then Julia will advise her client on what to do next.

 

8.16. KEY WORDS
Bar Vocational Course call to the Bar case method clinical placement compulsory subject faculty member fall/spring semester hour of credit JD JSD Legal Practice Course	limited enrollment LLB LLM moot court optional/elective subject postgraduate pupilage trainee solicitor tuition undergraduate degree workshop

 

 

Рекомендуемая литература

- С.А. Щевелева 2Английский язык для юристов», Unity, 2003

- Матушевская, Г.В. Степаненко «Английский язык», 2003

- Английский язык (интенсивный) Т.Н.Игнатова М. 2004 г.

- Язык и межкультурная коммуникация С.ГТерминасова М.2000г.

- «Английский язык для юристов», «English for Law students», Зеликман А.Я., «Феникс», Ростов-на-Дону, 2000 г.

- «Английский для юристов» «Just English», под редакцией Шишкиной Т.Н,