REVIEW units 11 -12
1. Match the word/phrase to its definition.
2. Do the quiz.
1. The _____ ________ ________ ____ allows lawyers to practice in a variety of business structures.
2. Which of the following statements is correct?
a) A barrister can be instructed directly by any member of the public in all types of legal work.
b) The Bar Council undertakes both a representative and regulatory role for barristers.
c) Barristers can be sued for negligence in relation to anything done by them in preparing a case for court or in court itself.
d) All barristers are self employed.
3. One of the recommendations of the _____ ________ was the creation of a Legal Services Board as part of the establishment of a new regulatory framework for the legal profession.
4. The impact of Part 3 of the Legal Services Act 2007 will be to allow other authorised persons, for instance non-solicitors and barristers, to undertake «reserved legal activity».
5. Solicitors may not be sued in negligence where a failure to perform their work with reasonable care and skill has caused loss to someone to whom they owe a duty of care.
6. Which of the following statements is correct?
a) A solicitor may operate as a sole practitioner, as a member of a partnership covered by the Partnership Act 1890 or as a member of a limited liability partnership.
b) The Legal Services Act 2007 prohibits solicitors from operating in partnerships.
c) Solicitors may not operate as sole practitioners.
d) The Solicitors Regulation Authority sets limits on the size of legal firms.
7. The _____ ________ ________ ____ deals with consumer complaints against both barristers and solicitors.
You are going to watch talking
One summer ________ in 2013, DC police detained, questioned and searched a man who appeared suspicious and potentially dangerous. This wasn't what I was wearing the day of the detention, to be fair, but I have a ________ of that as well. I know it's very frightening – try to remain calm.
At this time, I was interning at the Public Defender Service in Washington DC, and I was visiting a ________ station for work. I was on my way out, and before I could make it to my car, two police cars pulled up to block my ________, and an officer approached me from behind. He told me to stop, take my backpack off and put my hands on the police car parked next to us. About a dozen officers then gathered near us. All of ________ had handguns, some had assault rifles. They rifled through my backpack. They patted me down. They took pictures of me spread on the police car, and they laughed.
And as all this was happening – as I was on the ________ car trying to ignore the shaking in my legs, trying to think clearly about what I should do – something stuck out to me ________ odd. When I look at myself in this photo, if I were to describe myself, I think I'd say something like, «19-year-old Indian male, bright T-shirt, wearing glasses». But they weren't including any of these details. Into their police radios as they described me, they kept saying, «Middle Eastern male with a backpack. Middle Eastern male with a backpack». And ________ description carried on into their police reports. I never expected to be described by my own government in these terms: «lurking», «nefarious», «terrorist». And the detention dragged on like this.
They ________ dogs trained to smell explosives to sweep the area I'd been in. They called the federal government to see if I was on any watch lists. They sent a couple of detectives to cross-examine me on why, if I ________ I had nothing to hide, I wouldn't consent to a search of my car. And I could see they weren't happy with me, but I ________ I had no way of knowing what they'd want to do next. At one point, the officer who patted me down scanned the side of the police station to see where the security camera was to see how much of this was being recorded. And when he did that, it really sank in how completely I was at their mercy.
I think we're all normalized from a young age to the ________ of police officers and arrests and handcuffs, so it's easy to forget how demeaning and coercive a thing it is to ________ control over another person's body. I know it sounds like the point of my story is how badly treated I was because of my race – and yes, I don't think I would've been detained if I were white. But actually, what I have in mind today ________ something else. What I have in ________ is how much worse things might've been if I weren't affluent. I mean, they thought I might be trying to plant an explosive, and they investigated that possibility for an ________ and a half, but I was never put in handcuffs, I was never taken to a jail cell. I think if I were ________ one of Washington DC's poor communities of color, and they thought I was endangering officers' lives, things might've ended differently. And in fact, in our system, I think it's better to be an affluent person suspected of trying to blow up a police station than it is to be a poor person who's suspected of much, much less than this.
I want to give you an example from my current work. Right now, I'm working at a civil rights organization in DC, called Equal Justice Under Law. Let me start by asking you all a ________. How many of you have ever gotten a parking ticket in your life? Raise your hand. Yeah. So have I. And when I had to pay it, it felt annoying and it felt bad, but I paid it and I moved on. I'm guessing ________ of you have paid your tickets as well. But what would happen if you couldn't afford the amount on the ticket and your ________ doesn't have the money either, what happens then?
Well, one thing that's not supposed to happen under the law is, you're not supposed to be arrested and jailed simply because you can't afford to pay. That's illegal under federal law. But that's what local governments ________ the country are doing to people who ________ poor. And so many of our lawsuits at Equal Justice Under Law target these modern-day debtors' prisons.
2. After watching the video say in what context the following words and phrases were mentioned.
· Ferguson, Missouri
· police force and their citizens
· in DC and then take me to a jail cell
· in each small cell, there's a bunk bed and a toilet, but they'd pack four people into each cell
· on the bunks and two people on the floor
· the water looked and tasted dirty
· at some point, the jail would be booked to capacity
· arrested for panhandling in a Walgreens
· he's chronically hungry
· stretches lasted 45 days
· I met a woman, single mother of three, making seven dollars an hour
· It's an ordinary government building
· Bill Cosby
· Sandra Bland
· to come up with 500 dollars
· 500,000 people
· who are in jail right now, only because they
3. Say if these statements are true or false. Salil Dudani said:
1. I've met many of the people in Ferguson who have experienced this, and I've heard some of their stories.
2. In Ferguson's jail, in each small cell, there's a bunk bed and a toilet, but they'd pack four people into each cell.
3. When I asked a woman about medical attention, she laughed, and she said, «Oh, no, no. The only attention you get from the guards in there is sexual».
4. I met a man who, nine years ago, was arrested for panhandling in a Walgreens. He couldn't afford his fines and his court fees from that case. When he was young he survived a house fire, only because he jumped out of the third-story window to escape. But that fall left him with damage to his brain and several parts of this body, including his leg. So he can't work, and he relies on social security payments to survive.
5. I met a woman, single mother of three, making seven dollars an hour. She relies on food stamps to feed herself and her children. About a decade ago, she got a couple of traffic tickets and a minor theft charge, and she can't afford her fines and fees on those cases. Since then, she's been jailed about 10 times on those cases, but she has schizophrenia and bipolar disorder, and she needs medication every day.
6. In our system, whether you're detained or free, pending trial is not a matter of how dangerous you are or how much of a flight risk you pose. It's a matter of whether you can afford to post your bail amount.
7. Bill Cosby, whose bail was set at a million dollars, immediately writes the check, and doesn't spend a second in a jail cell. But Sandra Bland, who died in jail, was only there because her family was unable to come up with 500 dollars. In fact, there are half a million Sandra Blands across the country – 500,000 people who are in jail right now, only because they