Курсовая работа: Legal system

CONTENTS

INTRODUCTION.. 3

1. LEGAL PROFESSION IN THE USA.. 4

1.1 REGULATION OF THE LEGAL PROFESSION.. 4

1.2 LAWYERS: PARASITES ON THE BACK OF THE AMERICAN TAXPAYER?

1.3 THE LEGAL PROFESSION FOR WOMEN: A PROBLEM OF GENDER EQUALITY 11

2. THE LEGAL SYSTEM OF THE USA.. 13

2.1 THE MAIN PRINCIPLES OF THE AMERICAN SYSTEM OF JUSTICE. 13

2.2 FACTS ABOUT THE AMERICAN LEGAL SYSTEM.. 16

2.3 CORRUPTION IN THE AMERICAN LEGAL SYSTEM.. 20

CONCLUSION.. 26

LITERATURE. 27

INTRODUCTION

For centuries, the legal profession constituted an exclusive club of white, middle-class men. Although the last few decades have seen a dramatic increase in female and ethnic minority entrants, research shows that a successful legal career is far from being equally open to all. This raises the question whether affirmative action should be introduced by the legal profession.

A positive answer has implications extending beyond legal practice. This is because the advanced educational qualifications, and the intellectual and other skills required of entrants, which are thought to guarantee high quality services to clients, mean that appointing and promoting on merit is regarded as particularly important in professional and other skilled occupations.

Indeed, it can be argued that legal academics have a special duty to ensure that those they purport to admit to law school on merit and prepare for practice do not later find their career prospects hampered by their social background. In addition, for those wishing to ensure a more general acceptance of affirmative action, persuading the legal profession that it is just and practicable is a useful starting place, since lawyers are better placed than most occupational groups to secure an end to the current legal prohibition on `strong'1 forms of affirmative action.

The legal profession is morally and, as far as gender and race areconcerned, legally obliged not to discriminate in distributing jobs andpromotions. Currently the legal profession does so discriminate. Existing measures are unlikely to eradicate such discrimination even inthe medium term. If appropriately designed and implemented, quotas and decision-makingpreferences can reverse patterns of exclusion. Consequently, unless there are strong countervailing considerations orinsurmountable practical problems, they should be introduced into legalpractice.

In the rest of this article we will speak about current situation and the existing problems in the legal profession and legal system in the USA.

1. LEGAL PROFESSION IN THE USA

1.1 REGULATION OF THE LEGAL PROFESSION

The legal profession is regulated at state level (and not at federal level) by the highest court of each state. A US attorney can practise and appear in the courts of the jurisdiction/state in which he/she was admitted. Attorneys may have rights of practice and audience in other States by virtue of rules which allow for admission pro hace vice. In addition, the rules of a number of State Bars in the US allow for "Admission on Motion", i.e. admission to another state without examination in the case of attorneys already qualified in other US states. The criteria for such admission differ from state to state, but usually involve minimum periods spent in practice.

The interim report, which was presented to the House of Delegates some years ago, makes recommendations easing the practice of law by US lawyers in states other than their state of admission. It also eases the position on the temporary practice of home law in the U.S. by Foreign Lawyers with a proposed amendment to its Model Rule for the Licensing of Legal Consultants. US State Bars fall into 2 categories:

1. Unified State Bars: membership is compulsory in order for an attorney to be able to practise; membership, therefore, serves the purpose of a practising certificate.

2. Non-Unified State Bars: membership is voluntary and as such, these bars have no regulatory powers.

On a national level, the profession is represented by the American Bar Association (ABA). Membership of the ABA is not compulsory, although it does have approximately 400,000 members. The ABA holds an annual meeting, which is the largest annual gathering of lawyers in the world, and is attended by approximately 12,500 international lawyers. The Law Society organises a programme of events at the ABA's annual meeting in order to raise awareness of the solicitors' profession and to facilitate contacts between English and Welsh solicitors and American attorneys.

Most states require a three year American law degree (Juris Doctor) in order to sit the State Bar examination. Some states recognise equivalent foreign legal qualifications or admittance to a foreign bar in an English common law jurisdiction but may require the applicant to take further courses in U.S. law at an ABA approved law school.

In some US States it is possible to practise as a Foreign Legal Consultant under home title (for instance as a solicitor). As a Foreign Legal Consultant, it is possible to advise on home country law and international law, but not to appear in court. The ABA commission on Multijurisdictional Practice referred to above has recently strongly encouraged those US States without a foreign Legal Consultants regime to introduce one.

One more type of regulation of the legal profession is self-regulation. Often self-regulation is seen as arising from the social institution of trust: a social contract between society and the profession mitigates the moral hazard problem arising from the information asymmetry. However, they recognize that safeguards are required, particularly to ensure that the profession does not operate as a cartel. They also feel that the various professions will act as watchdogs on each other.

Self-regulation may reduce the cost of the regulator acquiring information and makes adjustments to regulations easier. These benefits need to be compared to the potential efficiency losses due to the potential for cartel-like behavior. Even where regulation by a professional body is deemed an appropriate solution it has been argued that the public interest would be protected best by having a number of professional bodies in competition with each other.

--> ЧИТАТЬ ПОЛНОСТЬЮ <--