UNIT 5.

LEGAL PROFESSIONS

5.1. Introduction
In UNIT 5 students will work on the job descriptions of the most important
professionals of law with a view to understanding the differences between
these positions in the judicial system. In order to do so, they will compare
the activities, they will identify the jobs at the back of short descriptions
and they will fill in the newly acquired data in activities designed to
facilitate their comprehension of the legal system.

5.2. Aims
On completion of UNIT 5 the students will be able to:
 Differentiate between types of positions in the judicial system
 Know the duties, obligations and responsibilities of those activating
in the domain

Study time for UNIT FIVE: 2 hours

5.1. Reading

5.3.1. Pre-reading activity

Read the following questions and answer. Then, you will read the text
and you will check whether you were right or not:
1. What is the role of a prosecutor?
2. Does the prosecutor decide on whether someone is guilty or not?
3. Is the prosecutor’s activity similar to that of the policeman?
4. Whom does the prosecutor represent in Court?

5.3.2. Reading
Read the text below which details on the role of the prosecutor and check
if your answers to the above questions were correct or not.
What is the Role of a Prosecutor?
Prosecutors are attorneys who work for the government on a local, state
or federal level. They represent the interests of public safety and work
with law enforcement agencies to bring accused criminals to justice.
Charging Suspects
Once a suspect is arrested, a prosecutor must look at the evidence and
decide whether or not to file charges of a crime against the person. Once
he makes that determination, he files formal paperwork to charge the
suspect with a specific crime or crimes.
It’s the job of the prosecutor to determine which specific charges to file.
For instance, if someone has died, the prosecutor looks at the evidence
and decides whether to file charges for manslaughter, second degree
murder or first degree murder. There are specific evidence requirements
for each charge and the penalties differ greatly, so it’s important to choose
the correct charge for the crime.
Research and Preparation
After he files charges, the prosecutor continues to research the case. He is
responsible for convincing a jury or judge that a suspect is guilty, and
must do so using evidence and testimony.
Prosecutors interview witnesses, law enforcement officers and experts,
review police files and video or photos and look at evidence collected from
the crime scene. They also study past cases and review applicable statutes
to ensure that they proceed in accordance with the law.

Plea Bargains
In many cases, a prosecutor will present a plea bargain to a suspect and
his attorney. There are many reasons for a plea bargain. The prosecutor
may not feel confident that a jury will vote to convict, so he may opt for a
plea bargain, which ensures that the criminal faces
some punishment rather than none. Or, if there
are extenuating circumstances, such as a first-time offender with a minor,
non-violent charge or a large number of current cases, a prosecutor may
offer the suspect a plea bargain in order to focus on cases with more
serious charges.

Working in Court
In the United States, a person may only be convicted of a crime if the
prosecutor can prove guilt beyond a reasonable doubt. When a prosecutor
takes a case to court, he must convince a jury that the suspect is guilty. He
does this by questioning witnesses for the prosecution and cross-
examining the defendant’s witnesses. He presents evidence to the jury,
including photos, videos, audio recordings and physical evidence. He may
also have experts testify so that the jury can understand some of the
evidence. For instance, in the case of a shooting, a prosecutor may ask an
expert to testify about how he determined that a bullet came from a
particular gun.

After Conviction
Once a jury has convicted a criminal, the prosecutor presents
a sentencing recommendation to the judge. He may also present the
victim(s) or friends and family members of the victim(s) to speak to
the judge regarding the impact of the crime.
(source: http://www.acelsat.com)
5.3.3. Legal Collocations. Match the verbs on the left to their correct
continuation on the right.
1. represent a. charges
2. feel b. at the evidence
3. interview c. the interests of public safety
4. file d. confident
5. take e. a plea bargain
6. review f. the suspect
 7. guilt g. a case to court
8. charge h. beyond a reasonable doubt
9. present i. witnesses
10. looks j. police files

1. ____, 2. ____, 3. ____, 4. ____, 5. ____, 6. ____, 7. ____, 8. ____, 9. ____, 10.
____

5.3.4. True or False? Read the following statements and decide

whether they are true or false based on the information in the text above:
1. The prosecutors represent the interests of private individuals T/ F
2. It’s the job of the judge to determine which specific charges to file T/ F
3. The prosecutor is responsible for convincing a jury or judge that a
suspect is guilty T/ F
4. A person may only be convicted of a crime if the prosecutor can prove
guilt beyond a reasonable doubt T/ F
5. Once a jury has convicted a criminal, the judge presents
a sentencing recommendation to the prosecutor T/ F

5.4. Stages in a prosecutor’s activity. Match the concepts/

words on the left to their definition on the right.
1. to set a bail amount a. the main prosecutor
2. to imprison b. to prove a statement, opinion, or belief to
be wrong or false
3. lead prosecutor c. to admit one’s being guilty
4. deputy prosecutor d. to cause people to feel uncertainty about
something
5. to refute e. to support one person or group in an argument
6. to rule on the case f. an amount of money that a person who has
been accused of a crime pays to a law court so that
they can be released until their trial.
7. to plea guilty g. a request made to a court of law or to someone
 in authority to change a previous decision
8. to side with h. assistant prosecutor
9. to cast a shadow i. to decide officially
of doubt
10. appeal j. to put someone in prison
1. ____, 2. ____, 3. ____, 4. ____, 5. ____, 6. ____, 7. ____, 8.
____, 9. ____, 10. ____

Let’s remember - The difference between an attorney and a prosecutor

An attorney is a lawyer who represents their clients in Court
A prosecutor is also a lawyer but they represent the State and the general
interest in the Court

5.4.1. Pronunciation
Read the following words, paying attention to their pronunciation:
1. prosecutor [ˈprɒs.ɪ.kjuː.tər]
2. attorney [əˈtɜː.ni]
3. manslaughter [ˈmænˌslɔː.tər]
4. bargain [ˈbɑː.ɡɪn]
5. offender [əˈfen.dər]

5.5. Prosecutor’s Duties. Read the following text and fill in the
words in the right gaps. Choose from the following words:

defendant offenses professionals victims assigned

stage violations coordination reviewing serves

Depending on the size of the municipality a prosecutor (1) __________,

job duties can vary. In larger offices, prosecuting attorneys may be (2)
__________to specific areas of the law, such as traffic (3)
__________or juvenile (4) __________. In smaller offices, they may
be responsible for all aspects of criminal prosecution.
Prosecuting attorneys begin a case by (5) __________police reports and
performing research. They may meet with witnesses or (6) __________.
They use their gathered information in court to present the case against
the accused (7) __________. Prosecuting attorneys must follow cases
through each (8) __________of the judicial process and communicate
with all involved parties. At times, this requires (9) __________with
additional attorneys, the police and other (10) __________.

5.6. The role of the judge

A judge presides over your case whenever the matter is in court. The judge
is required to be impartial and therefore will not ‘advise’ you about the
case beyond telling you what your rights are and, in criminal cases, what
penalties are possible if you are found guilty. In civil cases, the judge will
likely inform you what the plaintiff is seeking against you, and probably
will advise you to retain an attorney.
Beyond this, it is the judge’s job to see to it that the case goes to trial in a
reasonable time period if the dispute cannot be resolved by the parties
through negotiation. It is also the judge’s job to rule on various ‘motions’
which either party might bring before, during, or after trial. A motion is a
request made to the judge for the purpose of obtaining a ruling or order
directing some act to be done in favour of the applicant. An attorney can
explain the purpose of motions and when they are applicable.
At trial, the judge’s role depends on whether you have chosen to have a
jury trial, or a bench trail. In a jury trial, the judge presides over the trial
ruling on motions and objections made by the lawyers, but does not make
the ultimate decision. The ultimate decision is made by the jury. In a
bench trial, the judge makes the same kind of procedural and evidentiary
rulings as in a jury trial, but also decides the case itself as well.
(source: https://www.niu.edu)

5.7. Phrasal verbs in the legal domain. Decide upon which is

the best preposition to form a phrasal verb:
1. to preside → a. over
→ b. on
→ c. for
2. to rule → a. about
→ b. on
→ c. at
3. to depend → a. upon
→ b. on
→ c. against
1. over, 2. On, 3. on

5.8. What is a Lawyer? What is a Barrister? What is a solicitor?

A lawyer is a term used to describe any person that is a Licensed Legal

Practitioner qualified to give legal advice in one or more areas of law.

A solicitor is a type of lawyer that provides expert legal advice and

support to clients. They are the first port of call for people who need legal
advice, and may refer a matter on to a barrister if needed.

A barrister is another type of lawyer who can represent clients in court

or through written legal advice. They usually focus on one area of law in
order to provide specialist legal advice. Barristers are usually engaged by
the solicitor, rather than the client, and are generally not required until
legal representation is required in court.

A solicitor should do the A barrister should do the

following activities: following activities:
 Creation of contracts and  He can represent clients in
letters tailored to their court or through written
client’s needs; legal advice.
 Preparing documents for  They focus on one area of
court; law in order to provide
 Negotiating between their specialist legal advice.
 client and another party to  Barristers are usually
secure agreed objectives; engaged by the solicitor,
 Gather evidence; rather than the client, and
 Calculate claims for are generally not required
damages, compensation until legal representation is
and loss of earnings; required in court.
 Appearing in court (except  Barristers are all
when a barrister is needed); independent and can
and therefore work on different
 Instructing a barrister or sides in the same legal
specialist advocate for dispute.
expert evidence to appear in
Court for a client.

5.8.1. Follow-up activity. Express your opinion.

After you read the information above, choose the job you would like to do
after graduation and justify your answer (100 words):
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

5.9. The lawyer’s roles. Read carefully the five paragraphs below
which describe the regular activities of lawyers. After you read them,
choose the best title for each paragraph from the ones provided in the right
column
1. ______________________
Lawyers always represent someone,
whether it be an individual or entity, and
therefore it is important that the lawyer
report all progress and pertinent
information to their client in order to keep
them well informed.
A. in-person representation at
2. ______________________
court hearings
Whether the lawyer is involved with
criminal litigation or civil litigation, there is B. negotiating
most likely going to be some form of legal C. client contact
proceeding that they must attend on behalf D. doing research
of their client. The lawyer in this duty will E. drafting documents
speak on behalf of the client and advise the
client on how to proceed.
3. ______________________
There are many legal documents that need
to be drafted and although paralegals and
legal secretaries can draft some of these
documents, there are still many lawyers
who choose to do so themselves.
4. ______________________
Lawyers spend a great deal of time talking
on the phone, negotiating, sending email
and mail correspondence and faxing
pertinent documents to and from involved
parties. Again, paralegals and legal
secretaries can help with this voluminous
task but lawyers should try to do as much as
they can themselves whenever possible and
be sure to review all documents before they
leave their office.
5. ______________________
There are many different forms of research
which lawyers can do such as researching
 statutes, procedural rules, evidence,
pertinent documentation and more. A large
portion of a lawyer’s time is spent
reviewing and compiling research to aid
them in the representation of a client.

5.11. Summary
UNIT 5 has been about the jobs that one can get in the legal field. Here is a
short revision of the most important jobs.

 Arbitrator: If both parties agree, an arbitrator can help settle a legal

disagreement instead of going through the court system.
 Attorney: Also known as lawyers, attorneys are advocates for their
clients' rights. This can involve everything from offering advice to
creating or reviewing contracts to representing clients in court.
 Jury Consultant: Jury consultants, also known as trial consultants,
help lawyers choose a jury likely to return a verdict in their favor. They
also prep witnesses, evaluate deposition transcripts, and organize
mock trials.
 Law Firm Administrator: The person in this role oversees day-to-
day operations for a firm.
 Paralegal: A paralegal is far more than a lawyer's assistant. Their
work includes legal research and presentations, interviewing clients,
drafting legal documents, and law office administration.

5.12. End of unit test

1. The ones responsible for investigating and prosecuting criminal offences

committed by civilians.
 A. military prosecutor B. civil prosecutor C. judge D. notary public

2. The ones responsible for investigating and prosecuting criminal offences

committed mainly by military personnel.

A. military prosecutor B. judge C. notary public D. civil prosecutor

3. The ones drawing up the necessary documents for legal and testamentary
succession.

A. notary public B. judge C. lawyer D. notary public

4. The one vested with the authority to hear, determine, and preside over legal
matters brought in a court of law.

A. judge B. lawyer C. attorney D. notary public

5. Historic legal institution in which a group of laypersons participate in deciding

cases brought to trial.

A. jury B. lawyer C. judge D. notary public

6. A minor court official with police authority to protect the court while in session and
with power to serve and execute legal process.

A. sheriff B. bailiff C. lawyer D. guard

7. One of the two types of practicing lawyers who pleads cases before the court.

A. lawyer B. barrister C. attorney D. solicitor

8. Only they may appear as advocates before the High Court

A. bailiff B. barrister C. police D. lawyer

9. They are responsible for maintaining public order and safety, enforcing the law, and
preventing, detecting, and investigating criminal activities

A. sheriff B. guards C. police D. solicitor

10. The person who brings criminal charges against a suspect

A. prosecutor B. judge C. jury D. lawyer

Key: 1. B, 2. A, 3. D, 4. A, 5. A, 6. B, 7. D, 8. B, 9. C, 10. A

5.13. Self-assessment test

1. Police duties include …

a. investigating crime and prosecuting offenders
b. giving evidence before court
c. conducting educational programs within the community
d. all of the above

2. People who are under the age of 18 at the time of an offence, and who are still
under 18 when the case is heard will have their case heard in the …
a. County Court.
b. Supreme Court.
c. Magistrate's Court.
d. Children's Court.

3. A law made by the courts establishes a precedent for similar future

cases
a. True
b. False

4. Which of the following crimes is not regarded as a crime against a

person?
a. Homicide
b. Culpable driving.
c. Assault and battery.
d. Theft

5. BAC stands for …

a. Body Alcohol Criteria.
b. Blood Alcohol Concentration.
c. Bad Accidental Crash.
d. Blood Alcohol Content.

6. The police force aims to protect the community from crime, prevent
and detect crime, and tries to maintain a safe and orderly society.
a. True
b. False

7. Apart from when you are arrested, the only time you have to give your
name and address to police is if you are apprehended when driving a
vehicle, or if you are under the age of eighteen and you are under the
suspicion of consuming or buying liquor.
a. True
b. False

8. A constitution is a series of rules that lays down a system of

government.
a. True
b. False

9. Crimes are either committed against property or against person.

a. True
b. False

10. Laws made by judges in court cases are known as …

a. judge-made law
b. case law
 c. court law
d. statute law

5.14. Key to self-assessment test:

1. D, 2. D, 3. A, 4. D, 5. B, 6. A, 7. A, 8. A, 9. A, 10. B

5.15. Legal Dictionary

Let’s remember

1. duty n.
1) work that you are obliged to perform for moral or legal reasons
The common law approach to rescue is clear and straightforward. Absent a
limited number of narrow exceptions, there is no duty to rescue, regardless
of the ease of rescue and the consequences of nonrescue.
2) a tax on imports imposed by the customs authority of a country.
Generally, non-European Union nationals are permitted 200 cigarettes,
duty-free.

2. enact
v. to make into a law.
The legislature enacted the law in 1985.
France is within its rights as a sovereign nation to enact hate speech laws
against the distribution of Nazi propaganda in response to its terrible
experience with Nazi forces during World War II.
n. enactment
The enactment of a law is usually a complicated process.

3. enforce
v. ensure observance of laws and rules
The laws banning smoking in public places are rarely enforced in France.
Police officers are more likely to enforce the traffic code against black drivers
than white ones.
Although laws against same-sex sodomy were rarely, if ever, enforced, they
did have many important collateral effects on gays and lesbians in a variety
of areas, including adoption and employment.

4. law enforcement
the activity of making certain that the laws of an area are obeyed
If you're involved in any aspect of law enforcement - as a patrolman,
investigator, chief, or special agent - The U.S. Law Enforcement Conference
and Exposition is an event you can't afford to miss.
law enforcement official (or officer) n.

5. estate
n. everything you own; all of your assets (whether real property or personal
property)
All the property, real and personal, owned by a person at the time of his/her
death.
You are not obliged to leave any assets to your children but if you do not,
they may be able to make a claim on the basis that you have not fulfilled your
obligations towards them. Apart from that, you may dispose of your estate in
whatever way you like.

6. evidence
n. (uncountable) any proof legally presented at trial through witnesses,
records, and/or exhibits.
We say a piece of evidence, an item of evidence, NOT evidences.
In rape cases, DNA is usually the best evidence.
The prosecutor has little evidence of his guilt, so his lawyer is hopeful.

7. fault
n. responsibility for a bad situation or event
not a legal term, see liability
It was John's fault that we were late. He forgot to bring the map.
8. felony
n. A serious crime for which the punishment is prison for more than a year or
death. Crimes of less gravity are called misdemeanours. This term is no
longer used in England or other Commonwealth countries but remains a
major distinction in the United States.
In California, "unlawful sexual intercourse" - statutory rape - is defined as
sex between an adult and anyone under the age of 18 if the couple isn't
married...If the age difference between the adult and the minor is more than
three years, the crime may be a felony; if the difference is less, it's a
misdemeanour.

9. file
v. to officially give a paper to a court clerk. That paper becomes part of the
record of a case.
She filed her suit for divorce as soon as she heard about her husband's
mistress.
Microsoft Corp. said Tuesday it has filed its appeal of the European Union's
landmark antitrust decision.

10. fine
n. The money a person must pay as punishment for doing something illegal
or for not doing something they were supposed to do.