Business Lesson 5
New Vocabulary
юрист, адвокат
to practise
адвокат, имеющий право выступать в высших судах
law firm
юридическая фирма
адвокат, юрист
training contract
договор о профессиональном обучении; практика
acting for
действующий в интересах
квалифицированный, компетентный
legal practice
юридическая практика
представлять (напр. компанию)
судебный процесс, судебное разбирательство
защита в суде, деятельность адвоката
pleading a case
защищать дело
right of audience
право выступать в суде
показываться, появляться
адвокат, юрисконсульт
criminal law
уголовное право/закон
civil law
гражданское право
a matter
дело (вопрос)
a will
to steal
воровать, красть
law of tort
деликтное право
деликт, гражданское правонарушение
Убытки, ущерб
duty of care
надлежащим образом выполнять профессиональные обязанности
преданный, приверженный
to sue
подавать в суд, предъявлять иск
основания, доводы, мотивы
небрежность, халатность
no win no fee
нет результата - нет гонорара
нарушение закона
liquidated damages
заранее оцененные убытки, неустойка
stipulated damages
оговоренные убытки
special damages
реальные, фактические убытки, определяемые особыми обстоятельствами дела
reliance damages
упущенная выгода
consequential damages
косвенные убытки
specific performance
реальное исполнение договора
незаконный, нелегальный
juvenile court
суд по делам несовершеннолетних
trial court
суд первой инстанции
Court of Appeals
апелляционный суд
Federal Courts
федеральные суды
Practise new vocabulary on Quizlet
Read the following article and practise new words and expressions
Working in law
There are two types of lawyer who practise in England. They are called barristers and solicitors . In the USA and most other countries, lawyers don't make this distinction – a lawyer is simply known as an attorney-at-law, or an attorney.

In both England and the USA, it is not possible to take a special exam to be a judge. If you decide that you want to be a judge, you must get a lot of experience as a lawyer first, then apply to be a judge and wait to see if you are chosen.

Most law students in England become solicitors. When they finish their university studies they do a one-year legal practice course and then a two-year training contract with a law firm. After that, they are qualified solicitors. Many solicitors work for a legal practice, which is usually a partnership of solicitors who work together. Solicitors practise in many area s of law, although each solicitor usually chooses to specialise in one particular area. They represent their clients both in and out of court. We often describe this as acting for a client. The process of making a claim in the civil court is called litigation.

Barristers are usually self-employed lawyers but can work in partnerships in the way that solicitors do. They are specialists in advocacy, which is the skill of speaking for someone in court. We call this pleading a case. They also give opinions on areas of law to solicitors and the solicitors' clients. It is not just barristers who have the right of audience in court. Solicitors are also allowed to represent their clients in court and many solicitors appear in court every day. It is not true to say that a client always needs a barrister in court.
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A lawyer, Andrew, is going on holiday and is handing over some cases to a colleague while he is away. He is discussing one case with another colleague, Janet. Listen.
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In England and the USA there is an area of law called 'the law of tort'. It is the law of civil responsibility. It is an area of civil law. Read this text about the law of tort
The law of tort
The law of tort says that everyone has a civil duty to be careful and not to hurt or harm another person. Lawyers call this civil duty 'the duty of care'. Sometimes people breach this duty of care. To breach means to break. Very often they breach the duty of care by accident but sometimes they do it deliberately. If someone hurts or harms another person because of a breach, we call this harmful action a tort. This means that some things that might be criminal in your legal system are a tort in England and the USA.

Look at the list of harmful actions below. In England and the USA they are usually torts.

  • Leaving the floor of a shop in a dangerous condition so that a customer falls and hurts her leg.
  • Saying something that is bad about someone, which isn't true.
  • Writing a negative story in a newspaper about someone, which isn't true.
  • Playing loud music late every night, which disturbs your neighbours.

This area of law is easier to understand by thinking of a tort as being a type of civil wrong. Each of the torts listed above has a special name. The tort that happens most often is called negligence .Negligence is when someone is not careful enough and this person's carelessness hurts another person as a result. The person who is hurt is called the injured person.

When someone hurts you as a result of his or her actions, you need to consult a lawyer who specialises in the right area of tort. The lawyer will try to get you money from the careless person. This money is called 'compensation' or, more correctly, 'damages'. Sometimes the lawyers can't agree on the amount of damages. When this happens, the injured person may decide to sue the person who has hurt them. Suing someone is a more informal way of saying starting proceedings against someone in a civil court. The claim form will state the claimant's allegations against the defendant. An allegation is like an accusation. The claimant is stating that something happened, but the defendant has the opportunity to say that this is not true. The reasons for going to court are called 'the grounds'. The grounds for an action in tort are that the defendant committed a tort.

Sometimes a lawyer who specialises in the tort of negligence makes an agreement with a client. The agreement is that if the client does not win the case then he or she does not have to pay for the lawyer's services. This is called a 'no win no fee ' arrangement. It is allowed in the UK and the USA
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Your homework is to write the summary of this topic, minimum 15 sentences, using new words and expressions
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