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Legal education: A call to the Bar
In English-speaking countries, the Bar is a term for the legal profession itself, while a bar association is the association which regulates the profession. A person who qualifies to practise law is admitted to the Bar; on the other hand, to disbar a lawyer is to make him or her unable to practise law. The following text is an excerpt from a guide written for school leavers about courses of study in English-speaking countries. This section of the guide deals with the study of law and the requirements for entering the legal profession in the UK and the USA.
Read the text and say whether legal education in your country is more similar to the UK or the US model.
Studying law in the UK
In the UK, a legal education usually begins with the completion of a bachelor degree in law, known as an LLB, which usually takes three years. In the subsequent vocational stage, a person who wishes to become a barrister joins one of the Inns of Court before beginning the: Bar Vocational Course. The completion of this stage is marked by a ceremony referred to as the call to the Bar. A third stage, known as pupillage, is a year-long apprenticeship, usually at a set of barristers' chambers, which customarily consists of groups of 20-60 barristers. Similarly, a person wishing to become a solicitor must also complete three stages: the first stage involves gaining a law degree; the second stage requires passing a one-year Legal Practice Course (LPC); and the final stage entails working for two years as a trainee solicitor with a firm of solicitors or in the legal department of a local authority or large company.
Studying law in the USA
ln the USA, a legal education comprises four years of undergraduate study followed by three years of law school. A law-school graduate receives the degree of juris doctor (J.D.). In order to qualify as a lawyer, a law-school graduate must pass the bar examination [1, p.15].
Match these bodies of law (1-3) with their definitions (a-c) [1, p.8].
|1 civil law
|2 common law
|3 criminal law
Match these documents (1-9) with their definitions (a-i) [1, p.12].
Did you know?
In the U.K., the constitution of a company consists of its memorandum of association, which gives information about the location of the company and its objects or legal purposes, and its articles of association, which contain internal rules about how the company is organised. Both the memorandum and the articles can be read by the public at Companies House, the central register of companies.
In the U.S., the articles of incorporation is the document that has to be filles with the relevant state. This document is required of incorporated and non-incorporated firms alike.
Read the first paragraph of an article about intellectual property below and answer these questions.
1 What two reasons are given for ensuring intellectual property protection?
2 What are the two legal categories mentioned?
3 Why does the article mention these two categories?
Domestic legislation enacted within countries ensures intellectual property protection for two reasons: firstly, to give statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations; and secondly, to promote creativity and the dissemination and application of the results and to encourage fair trade, thereby contributing to social and economic development. The division of intellectual property into two distinct, legal categories, namely industrial property and copyright, results in different rights, duties and obligations, giving rise to varying degree's of protection and enforcement.
Explain the difference between rights, duties and obligations. Give an example of each.
Find words and phrases in the paragraph above that mean the same as these.
1 encourage 2 separate 3 causes 4 legal 5 passed 6 which are
Decide whether these terms relate to industrial property or copyright [2, p.10].
commercial names designations disclosure infringement layout designs licence patents performance register reproduction trademarks translation
Industrial property, in broad terms, protects inventions and includes patents to protect inventions and industrial designs. In addition, it covers trademarks, service marks, layout designs of integrated circuits, commercial names and designations, as well as geographical indications and pretection against unfair competition.
Copyright, also known as authors' rights in most European languages, relates to artistic creations, such as books, music, paintings and sculptures and films and technology-based works, such, as computer programs and electronic databases. While the expression copyright refers to the main act. that act is the malting of copies of the work, whereas the expression authors' rights relates to the creator of the artistic work, namely its author. The author has certain specific rights in his creation which only be can exercise, such as the right to prohibit or authorize its reproduction, distribution, performance, communication to the public, translation or adaptation, and these ate recognized in most laws. Other rights, such as the right to make copies, can be exercised by other persons where permission or a licence has been obtained from the author. A created work is regarded as protected as soon as it comes into existence. Copyright ensures the protection of the authors' rights and provides remedies for the author in the event of any infringement. Essentially, copyright protects the form of expression of ideas, whereas in the context of industrial property, inventions can be considered as new solutions to technical problems, and these solutions are ideas and are protected as such. In fact, protection of inventions under patent law does not require the invention to be actually physically in existence. The difference between inventions and literary and artistic works gives rise to different degrees of legal protection. As protection for inventions gives a monopoly over the right to exploit an idea, the duration of such protection is usually about 20 years, which is quite short. On the other hand, the protection of literary and artistic works prevents unauthorized use of the expression of the ideas, so the duration of the protection can be much longer. Furthermore, the public must be made aware of the fact that the invention is protected, and this is done publicly through disclosure in an official register, whereas a created work is considered protected as soon as it exists, and a public register of copyrights is not required.
Read the whole article again and answer these questions [2, p.11].
1 What is: the difference between the expressions authors' rights and copyright?
2 Does an invention have to exist to be protected?
3 Why does the duration of protection for industrial property and copyright differ?
4 How is the public made aware that an invention is protected?
5 Why is there no need for a register of copyright?
1. Amy Krois-Lindner and TransLegal. International Legal English. A course for classroom or self-study use // Cambridge University Press.- 320 p.
2. Helen Callanan and Lynda Edwards. Absolute Legal English. English for international law // Delta publishing.-112 p.
3. Andrew Frost English for Legal Professionals. Express series // Oxford University Press. - 96 p.