1.

Being a law student

How do you became lawyer in UK, France and USA:
Plaquette: FR: High school --> Bachelor's degree in law
(3 years) --> masters degree in law (1year) -->
amdission test --> school for lawyers.
US: High school --> bachelor's degree in humanities
(4years) --> admission test --> graduate school for
lawyers (3years) --> state bar examination
British: High school --> undergraduate studies in law (3
years) --> join an Inn of Court --> Bar professional
training course (1 year) --> pupillage (1 year) --> full
qualification certificate.
NET:
UK :
1) —> bachelor of law (LLB) (« licence en France ») 2)
—> Legal practice course (LPC) 3) —> syllabus (fillière
de master), there’s 5 areas including : ethics, basic
skills, litigation, business law and practice etc
OR
if you studied a course other than a law degree, you
can do a conversion course known as the graduate
diploma of law (GDL) witch is one-year full time course
or a two to four-years as a part time program. You have
to be a trainee barrister one year as a pupil. then the
final step is to obtain tenancy.
USA
1) SAT (the test that you take to go to College) -->
équivalent de bac 2) after 4 years of college, you have
to take the LSAT, the test that you have to pass in order
to go to law school. Law school is a graduate school of
3 years at the end of which you acquire the ability to
pass the bar exam. I'ts important to know that in the
US, every state has its own jurisdiction, which means
you can't be a lawyer in every state. Therefore, for
example, in order to become a lawyer in the state of
California, you have to pas California's bar exam.
Why did you go to law school ?
I struggled with the decision about whether to go to law
school or to be an architecture student. But after going
a several times with my grand-father to the court of
appel because he's a judge..I loved the job, I wanted to
be able to make a difference. I found it's interesting to
help the peaple to find justice and to try to apply it in
this society. But a experience made me know what I
want to be.
One day I saw my grandfather crying and when I asked
him to know why he told me that there's is a prisoner
who will be imprisoned for life, but my grandfather was
sure that he is not guiltyw... After that he told me he
will not judge in this case until he can prove the truth.
He postponed the decision to 3 or 4 months...My
grandfather started looking for the truth himself , After
found the real culprit and surprised all present on the
day of judgment that the guilty sentenced to innocence
and the criminal was revealed ... And I saw the impact
of all those present and crying in their eyes and the
intensity of joy, after that this case was written in a
book to explain how he found the truth and he worked
for this case. that experience made me realize how
powerful law could be in changing people’s lives.

What was Shakespeare's message concerning the role

of lawyers in society ?

As long as there are lawyers, there will be lawyer jokes

and lawyer insults.
But was William Shakespeare among the insult-hurling
lawyer joke makers? Was the best writer of the English
language among the mud-slinging anti-lawyer crowd? I
ask this because of the famous line from one of his
plays where one of his characters says, “‘the first thing
we do, let’s kill all the lawyers”.This phrase is often
bandied about as proof that the great bard hated us
lawyers.
But in my opinion, Shakespeare did not despise
lawyers! Shakespeare’s famous “kill all the lawyers”
line was uttered by Dick the Butcher in ”Henry VI,” Part
II. Dick the Butcher followed rebel Jack Cade who
thought that if he got rid of law and order, he could
become king. Thus, when Shakespeare has Dick say,
“the first thing we do (to take over government), let’s
kill all the lawyers”, he is really giving a kind of
backhanded compliment to lawyers. He is saying, “if
you want to illegally take power and set up a
totalitarian regime, you need to first get rid of lawyers
who will stand in your way”.
Shakespeare meant it as a compliment to attorneys and
judges who instill justice in society.

2.The French legacy in the English

language

1.Pre-watching quiz. Answer the following

questions:

William I also known as William the conquer and

sometimes William the Bastard, was the first Norman
King of England from 1066 until 1087. He launched the
Norman Conquest of England once his hold on
Normandy was secured. He introduced laws after his
victory at Hastings, in 1066 and to control the English,
he was a tirant but he wanted to appeal to the English.
he tried the learn the English language. he established
taxes, he wanted to preserve peace between the
English and the Normans, he also introduced laws
regarding land ownership as well as criminal accusation
and civil organization.
2.Matching activity: Which picture illustrates the
following historical events:

a. The English language absorbed 10.000 new words

from the Norman language.
b. William the Conqueror invaded England in 1066
c.The Hundred years' war.
d. The language of the Church was Latin.
e. The French nobles spoke Norman and the common
men spoke Englsih so they could not communicate.
f. By the end of the hundred years' war, English took
over as the language of power
The influence of the French presence in Middle Age
England : the job of Coroner:
Coroners are independent judicial officers, who arer
responsible for investigating violent, unnatural or
sudden deaths of unknown cause and deaths in custody
that are reported to them (UK Ministry of Justice)

3.Landmark documents
Who is King John (Jean sans terre)? John (24 December
1166 – 19 October 1216), also known as John Lackland
(Norman French: Johan sans Terre), was King of England
from 6 April 1199 until his death in 1216. John lost the
Duchy of Normandy to King Philip II of France, resulting
in the collapse of most of the Angevin Empire and
contributing to the subsequent growth in power of the
Capetian dynasty during the 13th century. The baronial
revolt at the end of John's reign led to the sealing of
Magna Carta, a document sometimes considered to be
an early step in the evolution of the constitution of the
United Kingdom.
Bill of Rights 1689 : it’s an act of Parliament of England
that deals with Constitutional matters and sets out
certain basic Civil Rights. It’s a restatement of the
Declaration of Rights. It lays down limits on the power
of the monarch and sets out the rights of Parliament
including freedom of speech. We can say that it’s
England’s Constitution.
The provisions of the 1689 Bill of Rights:
1. No royal interference with the law. Though the
souvereign remains the fountain of justice, he or she
cannot unilaterally establish new courts or act as a
judge
2. No laws will be made or suspended unless approved
by Parliament
3. No taxation by Royal Prerogative. The consent of the
parliement is necessary for the implementation of any
new taxes
4. Freedom to petition the monarch without fear of
retribution
5. No standing army may be maintained during a time
of peace without the consent of parliement
6. It is lawful to keep arms
7. No royal interference in the election of memebers of
parliement
8. Free elections
9. Trial must have juries
10. Ne excessive bail or "cruel and unusual"
punishments may be imposed.
What was the magna carta?
(English history) the charter granted by King John at
Runnymede in1215, recognizing the rights and
privileges of the barons, church, andfreemen , ultimatly
changed the power of the monarchy.
The 17th century England: (chronological orders):
1. James II became king of England in 1685. He decided
he would rule without the Parliement
2. Bishops and laymen called William of Orange to land
in invasion army from the Netherlands.
3. The parliement offered William of Orange and his
wife (James's daughter) Mary II the throne of England
4. William III and Mary II agreed to sign the Bill of Rights
which limits the royal powers of the monarchs
5. James II fled to France. It's called "the bloodless
revolution"
The first 10 amendements to the US Constitution make
up the Bill of Rights. It leasts specific prohibitions on
governmental power, they were written by James
Madison. It was debated between federalists and anti-
federalists that the Constitution should or shouldn’t
have a Bill of Rights. The Bill of Rights was approved
and ratified. It was influenced by the Magna Carta, the
Petition of Right, the English Bill of Rights and the
Massachusetts Body of Liberties.
4.Types of Courts in Great Britain
Types of courts in Great Kingdom (UK)
1. County court: this is where all the civil cases are
handled
2. Appellate court: this is where a case is reviewed
which has already been heard in a lower court
3. Magistrates' court: this is where all criminal cases
start, and the vast majority will finish there. A small
number will be refered to a higher court. Some
offences, such as motoring offences or disorderly
behavior, are dealt with this court. The maximum
punishment for such offences is six months in prison,
and/or a fine of up £5,000. About 1.5 million criminal
cases are handled by lay judges.
4. Crown court: this is where serious criminal cases are
heard by a judge and a jury in the UK.
5. Supreme court: this is the final court of appeal for all
UK civil cases, and criminal cases from England, Wales
and Northen Ireland. It hears appeals on arguable
points of law of general public importance.

What is the main philosophy of sentencing in Great

Britain : Punishment is usually justified on the principals
of rehabilitation and / or restauration. Retribution is the
general philosophy of sentencing in GB. Although, this
is the case, some argue that it’s an unethical mesure.
The basic argument behind retribution states that the
real justice requires people to suffer for their
wrongdoing and to suffer in a way appropriate for the
crime. Some people are prepared to argue against
retribution as a concept, since they think that it’s
incoherent to teach not to kill by killing.

4.A) The magistrates' court

The jurisdiction of Magistrates Courts and rules
governing them are set out in the Magistrates Courts
Act 1980. The particularity of this court is that there is
no jury. Criminal cases are usually heard by a band of 3
lay judges or by a paid-district judge.
Who does what in the English magistrate's court ?
The magistrates:
i. Hear all the evidence in the case
ii. Decide wheter the defendant is guilty or not guilty
iii. Need to prove the case beyond all reasonable doubt
iv. After, he will dismess the case
v. Not paid to do his job
The court clerk:
i. Advice the magistrates on the legal matters
ii. Legally trained
iii. Ask the defendant to enter a plea
iv. Ask witness to identify themselves
v. Ensure that only admissible evidence is brought
before the court
vi. Advice the defendant tp ensure he gets a fair trial if
he is not represented by counsel
The usher:
i. Pass exhibits around the court
ii. Ensure that all witness have answered their
summons
iii. Fetch witness when they're called and administer
the oath or affirmation
The prosecuting solicitor:
i. Cannot ask leading questions or suggest answers
The defense solicitor:
i. Challenge evidence that has not been gathered fairly
in accordance wiht the police and cirminal evidence
Act.1984.
ii. Defend the interest of his client.
iii. Have the evidence excluded if so required

· There three things the court clerk must prove to the

satisfaction of the court:
Firstly that an offense has been committed secondly
that the defendant has committed the offense and
lastly that all the evidence is being gathered in
accordance with the correct evidence-gathering
procedures if I fail to do any of those things then the
defendant is entitled to an acquittal i will ask questions
of prosecution witnesses to enable them to give
evidence.

· Types of offenses:
Summary offenses: Are smaller crimes, that can be
punished inder the magistrates' court's limited
sentencing powers – community sentences, fines, sort
custodial sentences.
Indictable offenses: On the other hand, are serious
crimes (rape , murder); if an initial hearing at the
magistrates' crout finds there is a case to answer, they
are committed to the Crown Court. Which has a much
wider rage of sentencing power.
Either-war offenses: Will ultimately fall into one of the
previous categories depending on how serious the
particular crime in question is.

4.B) A peak at Crown Court

Crown Court : The Crown Court of England and Wales is
one of the constituant parts of the Senior Courts of
England and Wales. It is the higher Court of first
instance in criminal cases. The Crown Court carries out
four principal types of activities : appels from decisions
of magistrates, sentencing of defendants committed
from magistrates Courts, jury trials and the sentencing
of those who are convicted in the Crown Court.

The different actors of a trial in Crown Court:

The judge: His job to interpret and uphold the law other
people present during a trial at the crown court are the
prosecution barrister and the defense barrister usually
with solicitors behind them taking notes and the jury
the defendant will sit in the dock and the present
during the trial it is at my discretion whether or not
there is a public gallery after the jury
has been sworn in address them directly inform them
that it is for them to decide if the evidence they are
going to hear prove the defendants guilt I also inform
them that it is their job to consider the evidence not the
law and that i will guide them if necessary on points of
law.

Prosecuting barrister: I'm the next person to address

the jury I introduced myself and explained that I PA on
behalf of the
prosecution in this case and my learned friend who I
name appears on behalf of
the defense I then outline the prosecution case
explaining each offense and the evidence
the jury will hear improving this I will state that it is the
prosecution's responsibility to prove beyond any
reasonable doubt that the defendant is guilty of the
offense that they are before the court for i will
introduce the first prosecution witness well then ask a
series of questions with regards to the evidence they
have given in a statement to the police this is known as
examination in chief upon completion of this the
defense may ask the witness a series of questions this
is known as cross-examination on completion of the
cross-examination and may be given the opportunity to
ask a further series of questions to the witness this is
known as a reexamination i will continue to call
witnesses and to all the witnesses have been called to
the stand I'll announce to the court that this is the case
for the prosecution

Defense barrister: at this point in the case i may make

an application of no case to answer to the judge stated
that the prosecution has not raise sufficient evidence to
prove that the defendant has committed the alleged
offense if he finds in favor of my application you will
instruct the jury to find the defendant not guilty and
then he will release the defendant
this is an acquittal if the judge considers the
prosecution has raised enough evidence then i will
continue with my case as with the prosecution barrister
i will introduce the witnesses however at this time they
will be given evidence for the defense this will follow in
the same procedure examination chief cross-
examination and then reexamination at the end I will
declare that was the case for the defense.

Proscuting barrister: I then stand and give what is

called my closing speech where I outline the
prosecution case and try to persuade the jury that the
defendant is in fact Guilty.

Defense barrister: then stand give my closing speech

outlining the defense's case and
trying to save the jury that the defendant is not guilty

The judge: I will then sum up all the evidence I will

direct the jury on the legal issues
and what the prosecution has to prove if they are to
find the defendant guilty
i will give them the legal options available
reminding them that if they are not sure they must find
the defendant not guilty

The Foreperson of the jury: we then retire to make our

decision once a decision has been reached
we return and as for person of the jury announced the
jury's verdict
if found not guilty the defendant is released

Defense barrister: if the defendant is found guilty i will

make a statement in mitigation to the
judge the judge will take this statement into account
before sentencing

The juge: I thank the jury for the service that they have
provided if the defendant is
found not guilty. I will release the jury from the cord if
the defendant is found guilty
I will move to sentencing in a straightforward case it is
likely in that instance that the jury will remain in court. I
may however postpone sentencing where other factors
are to be considered this can be particularly
appropriate rather have been contentious issues or
whether defendants background is likely to have a
significant impact on the sentence i pass
4.C) How offenders are sentenced in England and
Waves ?
What is the four main types of sentences in England
and Wales:
1. the toughest, prison, is used when a crime is so
serious, or an offender’s record is so bad, no other
sentence will do. Offenders will normally spend half
their sentence in prison, and the rest on licence in the
community. Being on licence means offenders have to
obey certain rules, which could include wearing an
electronic tag which restricts where they can go. If they
don’t follow the rules, they can be sent back to prison.
2. Community sentences both punish, through things
such as unpaid work removing graffiti, and try to help
people stay out of trouble through things like treatment
for drug addiction. This is not a soft option - offenders
can be made to do between 40 and 300 hours of
demanding work.
3. Fines are for less severe offences and are the most
common type of sentence. The amount of fine is set by
the court after considering the seriousness of the
offence and how much money the offender has.
4. Finally, we have discharges - these are used for the
least serious offences for which the experience of being
taken to court is thought to be punishment enough. But
a discharge can come with conditions that mean the
offender must stay out of trouble – if they commit
another crime, they can be sentenced for the first
offence and the new one.
Translation: le plus un délinquant admet vite son délit,
mieux ce sera pour lui. Si un délinquant avoue une
infraction, cela signifiera généralement qu'il écopera
d'une peine plus légère qui pourra aller jusqu’à un tiers
de moins que ce qui est prévu par la loi. Plus il plaidera
coupable tard, moins sa peine sera réduite.
The earlier an offender admits their guilt the better as it
will save victims and witnesses the stress of going
through a trial as well as saving court costs and time. If
an offender admits to a crime, it usually means they
get a lower sentence – up to a third off – when they
admit it at the earliest opportunity. The later the guilty
plea, the smaller the reduction, which, when you think
about it, is a good way of getting offenders to admit
their guilt sooner rather than later.
Translation: Plus le délit est important, plus la sentence
sera élevée.
The more serious the offence, the greater the sentence.
A burglar who kicked down someone’s front door and
threatened them with a knife would be treated more
seriously than a burglar who reached through an open
window to steal something: what are the three types of
harm that are taken into account?
There’s the harm caused to the victim. This could be
physical injury like a broken arm, psychological effects
such as stress or the loss of possessions or money.
The offender’s level of blame:
For example, planning the offence, using a weapon or
targeting a vulnerable victim, would all make the
offender more blameworthy.
The judge or magistrates will also think about whether
the offender already has a criminal record: someone
who has been found guilty of similar crimes before will
be treated more harshly.
Personal circumstances will also be considered – for
example the offender might look after dependent
relatives.
They might have shown they are genuinely sorry, or
come clean and admitted that they committed the
crime and pleaded guilty.
· The aggravating & the mitigating circumstances:
"Mitigation" refers to a tendency to lessen the negative
effects of something and "aggravation" refers to a
tendency to increase the negative effects of something.
I imagine that the context of these two concepts is in
respect to criminal legal proceedings, so mitigating
circumstances are those that tend to make the crime
less awful or more justifiable, such as someone stealing
a loaf of bread to feed their starving family, and
aggravating circumstances are those that make a crime
more awful or less justifiable, such as torturing
someone before murdering them.

Vocabulary:
· English · French
Judge Juge
Court clerk Greffier
lawyer Avocat
prosecuter procureur
In-house consel Juriste d'entreprise
HAD DRH
Sociel worker Travailleur social
Realtor Agent immobilier
police officier Policier
Legal education La branche des études juridiques
I've chosen to study at law
school J'ai choisi d'étudier a la fac de droit
Civil liberties Les libertés politiques
Law of torts Le droit de responsabilité civil
Law of contract Le droit des obligations
Employment law Le droit social
Competition law Le droit de la concurrence
Business law Le droit commercial
Corporate law Le droit des sociétés
Labour law Le droit de travail
Tax law Le droit fiscal
Banking law Le droit bancaire
Law of intellectual property Le droit de la propriété
intellectuelle
Human rights Les droits de l'homme
Community law Le droit communautaire
Criminal law Le droit pénal
Environmental law Le droit de l'environnement
Pass rate Taux de réussite
Fail an exam Échouer à un examen
To pass an exam réussir
To take an exam Passer
plaintiff Le plaignant
claim clamer
liable lien
damages dommages
Including incluant
suffering souffrance
Trial Procès qui vient du mot tirer. Son but: de faire le tri
entre vrai et faux
Voir dire Voir ce que les jugés ont à dire
To deter Dissuader qq de faire qqchose
Murdrum Une amende
Presumption Une supposition
Inquest Une enquête
Rebutted Réfuter
Neglect La négligence
Misadventure Mésaventure
An open vertict Un verdict ouvert
Lay judge Un juge non professionnel
Judge Juge
Juros (jury) Jurés
Usher Huissier
clerk Greffier
defendant Défendeur
Defense solicitor
Defense barrister
Prosecution solicitor
Prosecution barrister
Indictable offenses
Summary offenses
Either-way offenses
Crown court Cour d'assises
Magistrates' court Cour correctionnel
County court Tribunal de comté
Supreme court Court Suprême
Appellate court Cour d'appel
Witness Témoin
Motion Requête
Guilty Coupable
Release Relaxer / acquitter
Trial Procès
Accused / defendant Accusé
Non-suit Un non-lieu
Cross-examination Interrogatoire/ contre-interrogatoire
An alleged offense Une infraction présumée
Foreman Le président du jury
Law enforcement Faire respecter la loi
Evidence Les éléments du preuve
A legal issue in law Une question de droit
Statement to police Une déclaration a la police
Appeler à la barre
Un réquisitoire
Pleading Une plaidoirie
Des questions de droit
Présenter les circonstances atténuantes
Passer à l'audience de condamnation
Mettre en délibéré
Question in controversy Points litigieux
Reasonable doubt
Jury 91% sure of defendant's guilt