Вопрос № 1088162 - Английский язык

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Composition of tribunals and procedure
1. A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
2. The intention of tribunals was to provide a less formal proceeding in winch claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal – where an employer appears to not be acting in a reasonable way in removing an employee – could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.
3. The costs of the hearing are borne by the public purse that is, paid from tax revenue but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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A tribunal is represented by …

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Composition of tribunals and procedure
1. A tribunal consists of three members. The chairperson is normally the only legally qualified member. The other two are lay representatives who usually have special expertise in the area governed by the tribunal, gained from practical experience. The tribunal will also have all the usual administrative support enjoyed by a court: hearing clerks, who are responsible for administering procedures, clerical staff, and hearing accommodation.
2. The intention of tribunals was to provide a less formal proceeding in winch claimants could lodge claims and respondents defend claims, and ultimately resolve their disputes without the need for legal representation. However, procedures have become more complicated and cases brought before tribunals are often presented by solicitors and barristers. For example, a case of unfair dismissal – where an employer appears to not be acting in a reasonable way in removing an employee – could be brought to an Employment Tribunal. Procedure at that Tribunal may include a stage where a government agency tries to broker a settlement so that a claim may be withdrawn.
3. The costs of the hearing are borne by the public purse that is, paid from tax revenue but legal representation is at the cost of each party. Witness statements are normally exchanged before the hearing and at the hearing both parties may question witnesses and address the Tribunal. The Tribunal can refer to decisions of higher courts before making its decision in a specific case.
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What can the Tribunal take into consideration before making a decision in a special case?

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Barristers
1. There are currently around 9,000 barristers in practice in England and Wales. Unlike solicitors, barristers can’t form partnerships but must act as sole traders with unlimited liability. Some barristers are in employed practice and may only represent their employer, for example as in-house counsel or in government departments like the Crown Prosecution Service. Many work independently in self-employed practice in groups called chambers or sets and practise at the Bar as a barrister.
2. Chambers are traditionally located in the four Inns of Court in London – Gray’s Inn, Lincoln’s Inn, Middle Temple, and Inner Temple – and are also located in the UK regions, known as circuits. The Inns are principally non-academic societies which provide collegiate and educational resource for barristers and trainees. Members of chambers, known as tenants, share common expenses and support services, which are administered by an administrative manager known as the Clerk, along with ancillary staff such as secretaries.
3. A barrister's main work is to provide representation in the courts, where they are referred to as counsel, to draft documents associated with court procedure, and to give opinions, that is, specialist legal advice. They are normally instructed by solicitor or other recognised professionals, such as patent agents or Legal Advice Centres, on behalf of lay clients. As the law has become more complex, barristers increasingly specialise in particular areas, such as personal injury, crime, family or commercial law. Barristers are governed by the Council of the Bar, known as the Bar Council, and the Inns of Court.
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Checks and Balances
1. The U.S. Constitution establishes three branches for the federal government: executive, legislative, and judicial. The three branches work together to help the country. Each branch has its own responsibilities and powers. No branch has more power than the other branches. They have balanced powers. Each branch has separate duties to check the powers of the other branches.
2. When a new state – the USA – was born, the Founders of the state thought that if there was no balance of power among different branches of government it would lead to tyranny. The problem was how to create a system of government with balanced powers. That’s why James Madison (1751 – 1836) favored the constitution that limited government by means of a) separation of powers; b) a system of checks and balances, where checks – limitation of the duties of each branch, and balances – separate powers to each branch.
3. Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can pass a law over a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges: they, too, must be approved by the Senate.
4.  The system of checks and balances makes compromise and consensus necessary. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish.
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The main features of the common law in the UK are …

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Criminal Procedure
1. Criminal procedure, also called the criminal process, is the mechanism through which crimes are investigated, the guilt of criminals adjudicated, and punishment imposed. Criminal procedure makes the criminal law work. Criminal law defines what conduct is criminal and prescribes the punishment for criminal conduct. Criminal procedure aims to make sure that criminal sanctions are applied only to those who are guilty, and only through procedures that are recognized as fair. One goal of the criminal process is to punish the guilty, but other goals are to protect the innocent and to ensure that even the guilty are protected from abuse by the government.
2. The stages in criminal procedure are investigating, prosecuting, trying, deciding guilt, sentencing and carrying out the sentence. Different bodies can be given one of these jobs. For example, the police can be in charge of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial; a jury of deciding whether to convict; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.
3. No one authority (police, prosecution, judge, jury, prison service) should have too much power. State powers should be sliced up, and the slices should be able to keep a check on one another. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule at the trial that the prosecution has not produced enough evidence. If the jury think the judge has shown bias during the trial they will probably acquit the suspect even though they might otherwise convicted him. If the suspect is convicted but thinks the procedure has been unfair he can persuade the government to advise the head of state to pardon him.
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A fast track deals with …

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A company commercial lawyer
1. Sophie Brittle is talking about her work at Melton Deans.
I’m a partner in a medium-sized regional law firm, working within the Company Commercial Department. I head up a team of eight, comprising six lawyers and two paralegals – legal researchers – undertaking projects work for Public Sector clients. Our main client is a Government Department. We’re instructed by them to advise and act on Private Finance Initiative Projects, also known аs the PFI. This involves negotiating with a number of other parties comprising the funders, the building contractors and facilities management and ensuring that the client’s aims and objectives аге met and their best interests protected.
2. A significant proportion of my time is spent in all parties meetings. As these transactions are complex, and the meetings are attended by all sides and their legal advisers. I have to make sure comprehensive notes are taken by an assistant solicitor. Following a meeting, documents reflecting the terms agreed are prepared and circulated for approval.
3. Within the practice, I’m a member of the Executive Committee and have responsibility for aspects of financial management within the department. I also deal with recruitment, training, and development within the department. During a working day as a fee earner, I have to combine my chargeable work for clients with administrative duties.
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Sophie is a member of …