Название: Legal system
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
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 are concerned, legally obliged not to discriminate in distributing jobs and promotions. Currently the legal profession does so discriminate. Existing measures are unlikely to eradicate such discrimination even in the medium term. If appropriately designed and implemented, quotas and decision-making preferences can reverse patterns of exclusion. Consequently, unless there are strong countervailing considerations or insurmountable practical problems, they should be introduced into legal practice.
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:
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