Вопрос № 933317 - Английский язык

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In the USA statutes must be in keeping with the constitutions – federal and state – and the courts can overrule a statute that is found to violate constitutional provisions. 1_______. Also included under this heading are treaties that by the federal constitution are also a part of the law of the land. 2_______. It is nor proper to call this “unwritten” law because it is in fact in writing. 3_______. When a court decides a case, particularly upon an appeal from a lower-court decision, the court writes an opinion setting forth among other things the reasons for its decision. From these written opinions rules of law can be deduced, and these make up the body of what is called case law or common law. 4_______.

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1_______. This system was first developed in India in the 3rd century BC. 2_______.
The important innovation in the Arabic system was the use of positional notation, in which individual number symbols assume different values according to their position in the written numeral. 3_______. The symbol 0 makes it possible to differentiate between 11, 101, and 1,001 without the use of additional symbols, and all numbers can be expressed in terms of ten symbols, the numerals from 1 to 9 plus 0. 4_______.

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In all legal systems there are institutions for creating, modifying, abolishing and applying the law. 1_______. The role of each court and its capacity to make decision is strictly defined in relation to other courts. 2_______. One is that a particular court can specialize in particular kinds of legal actions – for example, family courts and juvenile courts. 3_______. The decisions of a higher court are binding upon lower courts. 4_______.

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There are two distinct kinds of lawyer in Britain. One of these is a solicitor. Everybody who needs a lawyer has to go to one of these. They handle most legal matters for their clients, including the drawing up of documents (such as wills, divorce papers and contracts), communicating with other parties, and presenting their clients’ cases in magistrates’ courts. However, only since 1994 have solicitors been allowed to present cases in higher courts. If the trial is to be heard in one of these the solicitor normally hires the services of the other kind of lawyer – a barrister. The only function of barristers is to present cases in court.
The training of the two kinds of lawyer is very different. For example, all solicitors have to pass the Law Society exam. They study for this exam while “articled” to established firms of solicitors, where they do much of the everyday junior work until they are qualified.

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Solicitors present their clients’ cases in …

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Barristers have to attend one of the four Inns of Court in London. These ancient institutions are modeled somewhat on Oxbridge colleges. For example, although there are some lectures, the only attendance requirement is to eat dinner there on a certain number of evenings each term. After four years, the trainee barristers then sit exams. If they pass, they are “called to the bar” and are recognized as barristers. However, they are still not allowed to present a case in a crown court. They can only do this after several more years of association with a senior barrister, after which the most able of them apply to “take silk”. Those whose applications are accepted can put the letters QC (Queen’s Counsel) after their names.

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Inns of Court in London are modeled somewhat on …

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The different styles of training reflect the different worlds that the solicitors and the barrister live in, and also the different skills that they develop. Solicitors have to deal with the realities of the everyday world and its problems. Most of their work is done away from the courts. They often become experts in the details of particular areas of the law. Barristers, on the other hand, live a more rarefied existence. For one thing, they tend to come from the upper strata of society. Furthermore, their protection from everyday realities is increased by certain legal rules. For example, they are not supposed to talk to any of their clients, or to their client’s witnesses, except in the presence of the solicitor who has hired them. They are experts on general principles of the law rather than on details, and they acquire the special skill of eloquence in public speaking. When they present a case in court, they, like judges, put on the archaic gown and wig which, it is supposed, emphasize the impersonal majesty of the law.

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Barristers’ protection from everyday realities is increased by …