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法律英语是法律科学与英语语言学有机结合形成的一门实践性很强的交叉学科，是ESP (English for Specific Purposes)最重要的分支之一。法律英语是以普通英语为基础，在立法和司法等活动中形成和使用的具有法律专业特点的语言，是指表述法律科学概念以及诉讼或非诉讼法律实务时所使用的英语。当今世界的发展日新月异，经济全球化进程突飞猛进，国际交流合作日益加强，涉外法务活动空前频繁。中国已经成为经济全球化的引领者。十八届四中全会提出加强涉外法律工作；司法部等四部委办联合印发了《关于发展涉外法律服务业的意见》，对大力发展涉外法律服务业做出全面部署。经济全球化过程中我们所面临的很多问题其实都是法律问题，而这些法律问题中的绝大多数又都属于涉外法律的工作范畴,法律英语则是完成涉外法律工作不可或缺的工具。国家急需明晰国际法律规则、通晓英语语言的“精英明法”复合型人才，法律英语的重要性日益彰显,掌握专业外语已经成为法律人必备的职业素质。法律英语证书（LEC）全国统一考试的成功推出和中央政法委、教育部“卓越法律人才计划”的顺利启动无疑把法律英语的学习和研究推向了高潮。
法律英语是高校英语、法学等专业教学改革的新方向。随着高校英语、法学专业教学改革不断深化，国内许多高校在外语、法学院系开设了法律英语课程，有的院系设置了法律英语方向，有些高校大胆创新，开始尝试设置法律英语专业，收到了良好的社会效果。2013年高等教育出版社出版发行《法律英语专业教学大纲》，标志着法律英语专业的诞生，给高校外语、法学院系设置法律英语专业或涉外法律专业指明了方向。本套教材正是以该大纲为重要依据编写而成。
语言是文化的载体，法律文化知识是法律英语学习过程中不可或缺的内容。英美法作为西方法律文明的重要分支之一，具有独特的历史传统、文化意蕴、发展路径、表现形式、价值取向以及运作机制。英美法的发展具有历史的连续性；法律、权利与自由之间相互关联。可以说，英国历史上的实践性学徒制法律教育是与其本国的经验主义传统分不开的；而实证主义的产生又对英国法律科学的发展产生深刻影响，它甚至直接促进了英国学院制法律教育的产生与发展。由于受到英国法律文化的影响，学徒制法律教育也曾是美国法律教育的源头；但是在兰代尔主义法律科学思想的影响下，法学院逐渐在美国兴起和变革，美国的法律教育在普通法传统的背景下一度呈现科学化的发展趋势；后来，法律现实主义使美国的法律教育重新回归到对实践性教育的重视。英美法程序正义优于实体正义；在法律价值上，更重视个人、实用和经验。近代以来，特别是改革开放以来，英美法的一些概念、理念和原则被移植到中国，产生了不同程度的影响。深入、系统地研究英美法，对于当代中国合理地借鉴英美法，具有重要的价值。学习英美法，就应该了解英美法的本质特征和法系特点。唯有掌握了这一点，才能理解英美法上的许多看似不合理的制度其实恰恰具有很强的合理性。
本套教材共包括《法律英语精读教程（上、下）》《法律英语泛读教程（上、下）》《法律英语写作教程》《法律英语翻译教程》和《英美法律文化教程》《法律英语视听说》《大学法律英语》以及配套学习使用的《英美法律术语双解》。
编写本书的过程中，编者参考了大量的英美原版法学书籍资料，包括英美法学院教材及大量判例，力求实现教材内容的权威性和丰富性。教材在编写上遵循由总述到具体、由浅入深的原则，基本上达到《法律英语专业教学大纲》提出的目标要求。本书共由三部分组成：第一部分是英国法律文化知识简介；第二部分主要介绍美国法律文化知识；第三部分为选择阅读，主要介绍英美法系的加拿大、澳大利亚及新加坡的法律文化知识。这三部分内容浑然一体，又相互独立。学习本教材不一定要严格按照前后编写顺序进行，教师完全可以根据学生的具体情况挑选合适的内容安排教学。编写本书过程中，我们参考了大量国内外有关资料，在此谨对原作者表示谢忱。
参加本书编写工作的还有河南工业大学杜巧阁副教授、北京信息科技大学赵玉华老师、甘肃政法学院唐丽玲教授、中国音乐学院社科部张桂萍教授等。感谢法律英语证书
（LEC）全国统一考试指导委员会将该套教材指定为复习应考LEC的参考用书。
编者
2017年9月于美国印第安纳大学法学院
Indiana University-Indianapolis School of Law
The United Kingdom of Great Britain and Northern Ireland consists of England, Wales, Scotland and Northern Ireland．It was established in 1801 with the union of Great Britain and Ireland, but only achieved its present form in 1922, with the partition of Ireland and the establishment of the independent Irish Free State (later the Republic of Ireland).
England and Wales have a combined judicial system, while Scotland and Northern Ireland have their own judicial systems.
The Queen is the Head of State, although in practice the supreme authority of the Crown is exercised by the government of the day．The UK legislature is a bicameral parliament, consisting of the House of Commons and the House of Lords．The House of Commons consists of 650 Members of Parliament (MPs) elected by simple majority vote in a general election every five years．The House of Lords has more than 700 members, who fall into three categories: life peers (the largest group), hereditary peers, and bishops; most peers are appointed on the recommendation of the Prime Minister or the House of Lords Appointments Commission.
The three principal sources of UK law are legislation, common law and European Union law．There is no single series of documents that contains the whole of the law of the UK.
The principal legislature is the UK Parliament, which is based in London．This is the only body that has the power to pass laws that apply in all four countries．The UK Parliament consists of the House of Commons and the House of Lords.
The House of Commons consists of 650 Members of Parliament (MPs)．Each MP represents a defined geographic constituency, whose electors vote using a “first-past-the-post”system．Each elector has one vote, and the candidate with the highest number of votes is elected as MP for that constituency．MPs are only allowed to sit for the lifetime of the Parliament, that is, the length of time between General Elections when a new set of MPs is elected．However, MPs can be reelected a limitless number of times.
The House of Lords consists of nearly 800 peers, of whom 600 are formally appointed by the Queen on the recommendation of the Prime Minister．The other members of the House of Lords are people who have inherited aristocratic titles such as “Lord”or “Lady”, and senior bishops of the Church of England.
Notwithstanding its common law heritage, the modern UK legal system relies heavily on statutory law．We should bear in mind that there is no official compilation of all UK statutes currently in force comparable to the United States Code．Nevertheless, consolidated legislation, which incorporates all subsequent revisions and amendments made to the original legislation, is readily accessible from both official and unofficial sources.
Acts of Parliament (Primary Legislation)
Acts of Parliament, sometimes referred to as primary legislation, are the supreme law in the United Kingdom．Most Acts of Parliament fall into one of two broad categories: Public General Acts of universal application and Private Acts affecting only specified localities, entities or individuals．A third category of Hybrid Acts combines elements of both public and private acts．The vast majority of UK legal research involves Public General Acts.
The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly each enact primary legislation for their respective jurisdictions, but only with respect to those matters that have been devolved to them by the national Parliament in London.
Secondary (Delegated) Legislation
Secondary legislation refers to specialized rules and regulations issued by ministers or governmental entities acting under authority delegated to them by an Act of Parliament．Such rules, also known as delegated legislation, have the force of law and are analogous to regulations issued by administrative agencies in the United States.
The most common type of secondary legislation is known as a Statutory Instrument (SI)．Other types of secondary legislation include Orders in Council and Orders of Council.
The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly also enact primary legislation that authorizes the creation of secondary legislation applicable within their respective jurisdictions.
Common law, also known as case law or precedent, is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that, in addition, have precedential effect on future cases．Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch．In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts．If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision, which is a principle known as stare decisis．If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, which is called a “matter of first impression”, judges have the authority and duty to resolve the issue, in which one party or the other has to win, and on disagreements of law, judges make that decision．Resolution of the issue in one case becomes precedent that binds future courts．Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
The concept “common law system”refers to a legal system that gives great precedential weight to common law．Common law systems originated during the Middle Ages in England, and from there propagated to the colonies of the British Empire．Today, one third of the world's population live in common law jurisdictions or in systems mixed with civil law．The legal system of England and Wales is a common law one, so the decisions of the senior appellate courts (see below) become part of the law.
The UK joined the European Economic Community, the predecessor of the European Union in 1973, since when it has been a requirement to incorporate European Union legislation into UK law and to recognise the jurisdiction of the European Court of Justice in matters of EU law.
The British government led by David Cameron held a referendum on the UK's withdrawal from the EU in 2016, a commonly used term for which is Brexit; a majority voted to leave the EU．On 29 March 2017, Theresa May's administration invoked Article 50 of the Treaty on the European Union in a letter to the President of the European Council．The UK is set to leave by March 2019．The terms of withdrawal have not yet been negotiated, and the UK remains a full member of the EU．May said that the UK government would not seek permanent single market membership, and promised a Great Repeal Bill that would repeal the European Communities Act and would incorporate existing European Union law into the domestic law of the UK.
In England and Wales, all criminal cases start in the magistrates' court, but the most serious matters are then sent to the Crown Court．Civil cases are sometimes heard in the magistrates' court, but most are heard by the County Court．Above these courts are the High Court, Court of Appeal and the Supreme Court.
The Supreme Court is the final court of appeal for all UK civil cases, and for criminal cases in England, Wales and Northern Ireland．The Supreme Court took over the judicial functions of the Appellate Committee of the House of Lords in October 2009, under the Constitutional Reform Act 2005, thereby making a constitutional separation between the legislature and the judiciary.
A further appellate court is the Judicial Committee of the Privy Council , which hears cases from the British overseas territories and dependencies and some Commonwealth countries, as well as certain highly specialised domestic appeals.
Her Majesty's Courts and Tribunals Service (HMCTS), an executive agency of the Ministry of Justice, is responsible for administration of the court and tribunal system in England and Wales.
Appellate courts are those that only hear appeals from other courts．The two most senior appellate courts are the Court of Appeal and the Supreme Court.
The Court of Appeal, which encompasses only England and Wales, consists of a Civil Division and a Criminal Division．The Civil Division hears appeals against decisions of the High Court, while the Criminal Division hears appeals about alleged errors of law in the Magistrates' and Crown Courts．Cases are heard by three Lords Justices of Appeal, each of whom reaches an individual decision that may consist of a lengthy speech．The Court's decision may be reached either by unanimity or by a 2:1 majority.
Appeals from the Court of Appeal are heard by the Supreme Court, which is the highest court in the UK．It hears civil appeals from all four countries, and criminal appeals from England, Wales and Northern Ireland．Permission to appeal to the Supreme Court will be given only if a case raises a point of general public importance．Cases are heard by five, seven or nine of the 12 Justices of the Supreme Court, each of whom reaches an individual decision that may consist of a lengthy speech．The Court's decision may be reached either by unanimity or by a simple majority.
Decisions made in the Court of Appeal, the Supreme Court and the Supreme Court's predecessor, the Appellate Committee of the House of Lords become precedents that must be followed by courts in all future cases．This ensures that similar cases are treated similarly, which many people regard as one of the most important aspects of justice.
The Royal Coat of Arms came into being in 1399 under King Henry IV．It is used by the reigning monarch.
The Royal Arms appear in every courtroom in England and Wales, with the exception of the magistrates' court in the City of London, demonstrating that justice comes from the monarch, and a law court is part of the Royal Court (hence its name).
Judges and magistrates are therefore officially representatives of the Crown.
The presence of the Royal Arms explains why lawyers and court officials bow to the judge or magistrates' bench when they enter the room．They are not bowing to the judge, but to the coat of arms, to show respect for the Queen's justice.
Although they're often seen in cartoons and TV programmes and mentioned in almost everything else involving judges, the one place you won't see a gavel is an English or Welsh courtroom—they are not used there and have never been used in the criminal courts.
The black cap, based on court headgear in Tudor times, was traditionally put on by judges passing sentence of death.
Since the permanent abolition of capital punishment in 1969, there has been no need for the cap to be worn．High Court judges still carry the black cap, but only on an occasion where they are wearing full ceremonial dress.
Red or “pink”tape was once used to tie up official papers; indeed, that is where the term “red tape”to describe excessive bureaucracy comes from．The tape is still used by the legal profession for briefs (the documents outlining a case) from private citizens．White tape is used for briefs from the Crown.
Judges, magistrates and tribunal members take two oaths when they are sworn in．The first is the oath of allegiance to the reigning monarch, and the second the judicial oath; these are collectively referred to as the judicial oath.
Witnesses giving evidence in court also take an oath, which can be religious (different versions exist for members of different faiths) or secular—where the witness simply affirms that they will tell the truth.
Oaths were used at least as far back as Anglo-Saxon and Roman times.
The costumes worn by judges are just about the most distinctive working wardrobe in existence．But that's not altogether surprising: after all, not many uniforms have had seven centuries to evolve….
Strange as it might seem now, when judges first started wearing robes and wigs they probably wouldn't have stood out on the street.
The costume of a High Court judge, for example—a long robe, a full hood with a cowl covering the shoulders and a mantle (or cloak)—was more or less established by the time of Edward III (1327—1377) and was based on the correct dress for attending the royal court.
The material for these robes was originally given to judges as a grant from the Crown, and included ermine and taffeta or silk．The colours were violet for winter and green in summer, with scarlet for best, but the last mention of green robes dates back to 1534.
In 1635 the definitive guide to court dress was published in the Judges Rules．But this didn't introduce new costumes; it just set out what existing robes should be worn, and when.
So after 1635, the correctly-dressed judge would have worn a black robe faced with miniver (a light-coloured fur) in winter, and violet or scarlet robes, faced with shot-pink taffeta, in summer．A black girdle, or cincture, was worn with all robes.
Not that these guidelines made the matter of correct court dress simple.
By the mid-eighteenth century, the rules of 1635 were not being stuck to as strictly as the author might have hoped.
A less formal version of the robes—a scarlet robe, black scarf and scarlet casting-hood, also known as a tippet or stole, was used for criminal trials, and for civil trials some judges had begun to wear a black silk gown.
When sitting in Westminster Hall, at the time the home of the courts of law, the mantle was not worn; this was now saved for ceremonial wear．And grey taffeta was becoming increasingly popular as an alternative to the pink taffeta used on summer robes.
Plain linen bands began to be worn at the neck, in place of the ruffs associated with Queen Elizabeth I．These were originally wide collars, but by the 1680s had become what we see today: two rectangles of linen, tied at the throat.
Bands are still usually worn with a winged collar, rather than the turn-down collar seen on a typical shirt today.
Sometimes changes to the court structure itself have had a major effect on what is worn by judges.
The High Court, for example, was created by the Judicature Acts of 1873 and 1875, absorbing the courts of Chancery, Admiralty, Probate and Matrimonial Causes．This led to a new dress dilemma; trial judges in these courts were used to wearing plain black silk gowns.
These judges were allowed to keep the dress code they were used to, and even today, black silk gowns are worn by judges in the Chancery, Probate, Admiralty, Divorce and Family Divisions.
When county courts were created in 1846 the black gown was also worn．However, in 1915 Judge Woodfall suggested that a new robe similar to those worn by High Court judges be introduced.
A violet robe was chosen, faced—to distinguish it from the violet High Court robe—in lilac or mauve taffeta．A lilac tippet and black girdle also formed part of the costume, which due to wartime conditions did not become compulsory until 1919.
A full violet hood for ceremonial occasions was added in 1937, and the creation of the Crown Court in 1971 led to the introduction of a scarlet tippet, to be worn during criminal trials.
However, this was not compulsory; judges could choose to wear a black gown instead．Judges at the Central Criminal Court (the Old Bailey) still wear their black gowns.
The Court of Appeal was created at the same time as the High Court, again combining several existing courts．The Master of the Rolls, head of the Civil Division of the Court of Appeal, and two other members of the Court of Appeal in Chancery were among the new members of this court, which probably explains why a black silk gown was chosen.
The Court of Criminal Appeal, founded in 1908, originally wore the full black, scarlet or violet robes and regalia, but in 1966 the court was abolished and re-formed as the Court of Appeal, namely, Criminal Division．At this point, judges of this court adopted the black silk gown, with the Queen's Bench Division following suit soon afterwards.
Elaborate robes of black flowered silk damask, with gold lace and decorations, have been worn by the two senior Chancery judges, the Master of the Rolls and the Lord Chancellor, for ceremonial occasions since the seventeenth century.
After the Judicature Acts, the same dress was adopted by the Lords Justices of Appeal and the President of the Family Division.
These robes cover an equally ornate suit, including a swallow-tail coat, waistcoat and knee breaches, silk stockings and patent leather pumps with buckles．This would have been ordinary dress in the eighteenth century.
Until the seventeenth century, lawyers were expected to appear in court with clean, short hair and beards.
Wigs made their first appearance in a courtroom purely and simply because that is what was being worn outside it; the reign of Charles II (1660—1685) made wigs essential wear for polite society.
The judiciary, however, took some time to convince; portraits of judges from the early 1680s still show judges defiantly sporting their own natural hair, and wigs do not seem to have been adopted wholesale until 1685.
The reign of George III (1760—1820) saw wigs gradually go out of fashion．By the end of the century they were mainly worn by bishops, coachmen and the legal profession, and even bishops were given permission to stop wearing wigs in the 1830s.
Judges wore only full-bottomed wigs until the 1780s, when the less formal, and smaller, bob-wig, with frizzed sides rather than curls, and a short tail or queue at the back, was adopted for civil trials.
The full-bottomed wig continued to be used for criminal trials until the 1840s, but is today reserved for ceremonial dress; smaller wigs are used on a day-to-day basis.
A distinction is made between public law, which governs the relationship between individual citizens and the state, and private law, which governs relationships between individuals and private organizations.
For practical purposes, the most significant distinction is between civil law and criminal law.
Civil law covers such areas as contracts, negligence, family matters, employment, probate and land law．Criminal law, which is a branch of public law, defines the boundaries of acceptable conduct．A person who breaks the criminal law is regarded as having committed an offence against society as a whole.
A person who believes that another individual or organisation has committed a civil wrong can complete a claim form and send it to the appropriate court．The County Court, which is based at over 200 locations, deals with most claims involving less than 25,000 and claims for less than 50,000 that involve injury to a person．The High Court, which is in London, hears most higher-value cases．In the County and High Courts, each case is heard by a single judge.
The person who starts a civil case is called a claimant, and he or she has the burden of proving that, more probably than not, the defendant committed a civil wrong．If the claimant is successful, the usual remedy is damages, a sum of money paid by the defendant to the claimant．Other remedies, such as a court order that prohibits a person from behaving in a certain way, are available in some circumstances.
Either party to a civil case may appeal to a higher court against the decision.
A person who believes that a crime has been committed contacts the police, who conduct an investigation．If, after arresting and interviewing a person, the police believe that he or she has committed the crime, that individual is charged．A report of the case is then sent to the Crown Prosecution Service (CPS).
If the CPS believes that the case has a reasonable prospect of success, and that it would be in the public interest to do so, it will start criminal proceedings against the suspect, who becomes the defendant in the case．In court, the CPS bears the burden of proving, beyond reasonable doubt, that the defendant has committed the crime.
Minor offences, such as speeding, are heard by Magistrates' Courts．Many towns in England and Wales have their own Magistrates' Court, where cases are heard by three magistrates．Magistrates do not need any legal qualifications, and they are advised by a Clerk, who is a qualified lawyer．Magistrates do not state reasons for their decisions.
Very serious offences, such as murder and rape, are heard in the Crown Court．The Crown Court is based in about 90 centres throughout England and Wales．A jury consisting of 12 people chosen at random from the local population will decide, without giving reasons, whether the defendant is guilty of the offence．Usually a jury's decision will be unanimous, but the judge may decide that an 11 to 1 or 10 to 2 majority is sufficient．The jury is advised about the law by the judge, whose role also includes imposing a sentence if the defendant is found guilty.
Some intermediate offences, such as theft, may be tried in a Magistrates' Court or the Crown Court.
The sentences available for criminal offences include fines, payment of a sum of money to the state, imprisonment and community punishments such as unpaid supervised work.
1．England and Wales have a combined judicial system, while Scotland and Northern Ireland have their own judicial systems.
2．The UK Parliament is the only body that has the power to pass laws that apply in all four countries.
3．The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly each hold the power of legislation for their respective jurisdictions over a wide range of matters with no need of the devolution from the national Parliament.
4．Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
5．The Supreme Court is the final court of appeal for all civil and criminal cases in the UK.
6．The costumes worn by judges have had an evolution history of nearly seven centuries.
7．The reign of Charles II (1660—1685) made wigs unique wear for bishops, coachmen and the legal profession.
8．What is worn by judges is, sometimes, influenced by changes to the court structure.
9．The person who starts a civil case is called a claimant, and he or she has the burden of proving that, more probably than not, the defendant committed a civil wrong.
10．In the enforcement of criminal justice the function of the jury is to decide, without giving reasons, whether the defendant is guilty of the offence.
1．What are the principal sources of the UK law?
2．Can you introduce the court system in the UK briefly?
3．What do you know about the court traditions in the UK?
4．What is public law?
5．What is private law?
6．What are the basic classifications of the UK law?
1．The politics of the UK;
2．Differences between the sources of law in the UK and those in China;
3．The characteristics of common law system.
Defining the term “legal profession”is more difficult than one may anticipate．It becomes apparent that the simplest definition is perhaps the most befitting．The legal profession is a vocation that is based on expertise in the law and in its applications．Those who pursue this vocation collectively form a body of individuals who are qualified to practice law in particular jurisdictions．The learned occupation of these individuals is to study, promote, uphold and enforce the collection of rules imposed by the authority．They thus form a “legal profession”.
There are essentially two main branches of the legal profession, namely, solicitors and barristers．Solicitors advise individuals and organizations on legal matters and ensure that their clients act in accordance with the law.
There are over 100,000 practising solicitors within the legal profession in England and Wales, governed by the Solicitors Regulation Authority．Barristers represent clients in court and give specialist opinions on complex legal matters．They generally receive instructions through solicitors.
There are around 14,400 practising barristers within the legal profession in the UK, governed by the Bar Standards Board.
The distinction between solicitors and barristers is not as clear-cut as it once was．Following the Court and Legal Services Act (CLSA) 1990 solicitors have the right to become certified advocates (i.e．represent clients in court)．Commentators suggest that barristers have consequently, lost their dominance over advocacy in courts．Although solicitors are taking on a more active advocacy role in the lower courts, barristers still maintain an unrivalled monopoly over the higher courts.
A consistent requirement for those intent on entering the legal profession is that of high academic achievement．This forms the basic criterion that the vast majority of candidates must meet, before any additional skills they may possess will be considered．Candidates will need a range of skills, which vary depending on the area of the legal profession they wish to specialise in．In order to become a barrister eloquence, excellent articulation, confidence, an analytical mind and persuasiveness are essential requirements．In contrast, the skills demanded of a solicitor lean towards an aptness for problem solving, an enquiring mind and a flair for generating new business and winning clients．It thus becomes clear that in spite of the enactment of the CLSA 1990, solicitors cannot rival or replace barristers given their very separate and distinct roles within the legal profession.
The legal profession is renowned and heavily criticized for its almost impenetrable nature．The first hurdle for many applicants hoping to enter the legal profession is to secure that all-important place at a “redbrick”university, to complete their law degree and then at an equally reputable institution to complete their Legal Practitioner's or Barristers Vocational Course (LPC and BVC)．The real competition begins, however upon completion of these two stages．The final hurdle before a student can qualify as a solicitor or barrister is to secure a training contract or pupillage．Of the 6,376 students who passed the LPC in July 2006, only 5,751 secured a training contract in that year．Obtaining a pupillage is substantially tougher．Only 17.5％ of BVC students who apply for pupillage are likely to secure one．Notably, the majority of these applicants meet and in some cases surpass the requirements demanded of those pursuing a career in the legal profession, i.e．a 2.1+ class degree, a handful of mini pupillages or vacation schemes under their belt and evidence of voluntary work or part time jobs in a legal environment.
Unlike in the U.S., where law is solely a postgraduate pursuit, many UK students study law as undergraduates, earning an LL.B．or a B.A．Others study a different undergraduate subject and then pursue a one-year conversion course—called the “Common Professional Examination”(CPE) or “Graduate Diploma in Law”(GDL)—that covers the basic areas of law: torts, contracts, criminal law, public law, equity and trusts, and European Union law．Next, aspiring lawyers must complete a one-year practical training course, followed by a period of on-the-job training.
The United Kingdom still maintains a distinction between barristers, who advocate for clients in court, and solicitors, who advise clients directly and do not usually appear in court．After their undergraduate law degrees or conversion courses, aspiring solicitors complete a Legal Practice Course．Some law firms cover candidates' LPC costs under training contracts, but many students incur significant debt to pay their own way．Would-be barristers take the Bar Professional Training Course．A mix of private law schools and public universities offer the LPC and BPTC, and some law firms send all of their trainees to one institution．Though top universities do not offer these training courses, some do confer LL.Ms.
After the requisite academic and vocational courses, solicitors and barristers pursue different training periods before qualifying for independent practice．Solicitors complete a two-year training contract with a law firm, while barristers undergo a one-year pupilage with practicing barristers．Placement into both training stages is competitive, with the number of applicants far outpacing available spots.
In addition to its largely inaccessible nature, the legal profession has long been regarded as one of the most closed sectors when it comes to employing ethnic groups．In spite of the rapid progression of a culturally rich Britain, the legal profession is significantly slower in “fostering ethnic talent”．Some purport that this is changing given that between 1990 and 2004 there was a 10％ increase in the number of students registered with the Law Society from minority backgrounds．This is an unsubstantial development however, considering that between these periods the minority population grew by 53％．Thus, ethnic minority groups remain underrepresented within the legal profession．Although there is evidence of a noteworthy change, there is ample scope for improvement.
In the growing age of technological advancements and the era of the credit crunch, the demand for some professions is decreasing．Some wonder whether the same can be said of the legal profession．Professor Richard Susskind at the University of Oxford argues that the “current market is increasingly unlikely to tolerate expensive [legal professionals] for tasks…that can equally or better be discharged, directly or indirectly, by smart systems and processes.”He states that “the jobs of many traditional lawyers will be substantially eroded and often eliminated.”With the increasing number of alternative methods available to those needing legal advice, the constant influx of graduates choosing to enter the legal profession, the declining demand for applicants and the increased constraints on our finances, “the market will determine that the legal world is over-resourced.”It will “increasingly drive out inefficiencies and unnecessary friction and, in so doing, we will indeed witness the end of outdated legal practice and the end of outdated lawyers.”Conclusively, in order for those within the legal profession to safeguard their jobs, they must focus less on maintaining their “fat cat”status and focus more on providing the services that people need at a reasonable cost.
The qualities of a good judge can be well illustrated by the words the Lord Chief Justice spoke at Equality in Justice Day, October 2008:
“[When taking the judicial oath, judges and magistrates swear] ‘To do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill-will'.
“Ponder the words．I hear them frequently, and they still send a shiver up my spine．It binds my conscience, as it binds the conscience of every judge who takes it.
“Many qualities are required of a judge…… He or she must of course know the law, and know how to apply it, but the judge must also be wise to the ways of the world．The judge must have the ability to make a decision.
“Decisions can be profoundly unpleasant: for example, to say to a mother that her children can be taken away from her, or to say to an individual that he is going to go to prison for the rest of his life.
“Judges must have moral courage–it is a very important judicial attribute–to make decisions that will be unpopular with the politicians or the media and the public, and indeed perhaps most importantly of all, to defend the right to equal treatment before the law of those who are unpopular at any given time.
“……But however you draw up the list, and in whatever order, gender, colour of your skin, religious belief, and social origins are all utterly irrelevant．It is you who is the judge.”
The Judicial Appointments Commission (JAC) is an independent commission that recommends candidates for judicial office in the courts and tribunals of England and Wales and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
Salaried positions have traditionally been full-time, but are increasingly open to part-time and flexible working as well．A legal professional who has taken a salaried role will not be able to return to legal practice.
Fee-paid (part-time) positions are usually similar to the equivalent salaried appointment, but may deal with the less complex or serious cases.
Fee-paid positions, including tribunal appointments, such as recorders and deputy district judges, are paid according to the number of sittings or days worked．The number of sitting days varies depending on the type of appointment, and will generally be at least 15 days a year.
Judicial appointments are open only to citizens, including those holding dual nationality, of the United Kingdom, the Republic of Ireland or a Commonwealth country.
There is no upper or lower age limit for candidates, apart from the statutory retirement age of 70 for all judges．However, applicants should be able to offer a reasonable length of service, usually at least five years．Applications from disabled people are welcomed, and reasonable adjustments will be made at every stage to ensure applicants are treated fairly.
Most judicial posts will require a relevant legal qualification that has been held for either five or seven years.
Government lawyers are eligible to apply for all judicial posts, but when sitting as a fee-paid judge they must not hear cases involving their own department.
For salaried judicial appointments, applicants must normally have served as a fee-paid judicial office-holder for at least two years or have completed 30 sitting days since appointment in a fee-paid capacity.
For anyone wanting to find out more about the role they are considering before applying, the Judicial Office runs a Work Shadowing Scheme.
For most shadowing opportunities the scheme is open to any eligible qualified legal practitioner with a minimum of seven years' post-qualification legal experience who may be interested in seeking judicial appointment, within the next two years．The scheme covers the following positions:
◆High Court Judge
◆Circuit Judge
◆District Judge (sitting in civil or family jurisdictions)
◆District Judge (Magistrates' Courts)
◆Tribunal Judge
A shadower will spend up to three days observing a judge's main duties including, as appropriate, preparing for trial, case management, presiding over court proceedings, hearing actions, sentencing, determining applications and giving judgments.
Appointments to tribunals are mainly through the Judicial Appointments Commission (JAC), on the basis of the statutory and non-statutory requirements for that specific post, as well as the qualities and abilities required in any good judge.
The JAC runs appointment competitions for a number of tribunals outside the new tribunal structure, for example, the Residential Property Tribunal Service, as well as for the new First-tier and Upper Tribunals, which absorbed the jurisdictions of a number of tribunals in 2008.
Tribunal office-holders are appointed to either the First-tier Tribunal or the Upper Tribunal, and then assigned to a particular Chamber, for example, Health, Education and Social Care．They may or may not sit in all of the jurisdictions within that Chamber.
Most tribunal appointments are fee-paid, with successful candidates usually expected to sit for at least 15 days each year．For salaried appointment, individuals must normally have served as a fee-paid judicial office-holder for at least two years, or have completed 30 sitting days in a fee-paid capacity.
As with the courts judiciary, tribunal appointments are open only to citizens of the United Kingdom, the Republic of Ireland or a Commonwealth country.
There is no upper or lower age limit, apart from the statutory retirement age of 70 for all judges．Applications from disabled people are welcomed.
As with the courts judiciary, most legally-qualified posts will require five or seven years of post qualification experience (the relevant legal qualifications for solicitors or barristers), and legal experience gained during that time.
However, tribunal judges need not always have been solicitors or barristers．The Tribunals, Courts and Enforcement Act (2007) widened the eligibility for many judicial posts, making them open to The Chartered Institute of Legal Executives (CILE), members of the Institute of Trade Mark Attorneys (ITMA) and the Chartered Institute of Patent Attorneys (CIPA).
Applications are also welcomed from non-traditional legal backgrounds, for example, legal academics.
The varied nature of tribunal work means that there are a number of positions available for non-legal professionals who have expertise in different areas, for example, Employment Tribunals have panel members from employees, or employers' representative backgrounds, and many tribunals include medical professionals.
Requirements for these positions are based on the nature of the tribunal, and candidates must be able to demonstrate the relevant professional experience.
◆Can be appointed from the age of 18, and retire at 70;
◆Are volunteers, and there are around 23,000 from all walks of life;
◆Do not need legal qualifications (they are assisted in court by a legal adviser);
◆Must be available to carry out at least 26 half-day court sittings a year;
◆Although unpaid, can claim expenses, typically for travel to and from court.
◆Good character;
◆Understanding and communication;
◆Social awareness;
◆Maturity and sound temperament;
◆Sound judgement;
◆Commitment and reliability.
Because of the need to maintain public confidence in the impartiality of the judiciary, people who work in certain occupations, for example, police officers, cannot become magistrates.
Before deciding whether or not to apply, you need to visit a magistrates' court to observe the magistrates sitting.
You will need to visit at least once but preferably two or three times when it is sitting in general session, in the 12 months before you apply．Once they have been selected, all magistrates take the judicial oath—the same oath as that taken by judges.
They are trained before starting to hear cases and throughout their careers as magistrates, and are appraised regularly.
Magistrates need to be able to commit at least 26 half-days per year to sit in court．Employers are required by law to grant reasonable time off work for magistrates.
Magistrates are not paid for their services．However, many employers allow time off with pay for magistrates．If you do suffer loss of earnings you may claim a loss allowance at a set rate．You can also claim allowances for travel and subsistence.
The Judicial Appointments Commission (JAC) is an independent commission that selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
It selects candidates for judicial office on merit, through fair and open competition, from the widest range of eligible candidates.
The JAC was set up in order to maintain and strengthen judicial independence by taking responsibility for selecting candidates for judicial office out of the hands of the Lord Chancellor and making the appointments process clearer and more accountable．The composition of the JAC is set out in Schedule 12 of the Constitutional Reform Act 2005．There are 15 Commissioners, including the Chairman．Commissioners serve for terms up to five years.
Under the terms of the Constitutional Reform Act 2005, 12 Commissioners including the Chairman are appointed through open competition and three are nominated by the Judges' Council.
The Lord Chief Justice and the Senior President of Tribunals are convinced of the benefits of a more diverse judiciary and are committed to supporting the development of the judiciary in ways that support greater diversity.
Appointment to judicial office is based solely on merit．The independent JAC must, therefore, be able to select from the widest pool of candidates; and potential applicants must be assured that they will not be disadvantaged by factors such as ethnic origin, gender, disability, sexual orientation or background．They must also be confident that they will be treated fairly after appointment.
The judiciary is therefore committed, not only to encouraging suitable applicants to apply, but also to ensuring that principles of equality and fair treatment apply to all aspects of judicial life．It will therefore have regard to diversity in connection with deployment decisions wherever possible．It is also committed to developing the concept of a judicial career, as envisaged by the independent Advisory Panel on Judicial Diversity chaired by Baroness Neuberger in 2010 (the Neuberger Panel).
Much has already been achieved, including the implementation of many of the recommendations of the Neuberger Panel．The judiciary has long been engaged in an extensive range of activities, many of which are undertaken by judges in their own time, to inform the public about the role of a judge, to improve public confidence in the justice system and to encourage people from non-traditional backgrounds to consider the possibility of a judicial career．The judiciary is continuing to support this work within the resources available and with the goodwill of the individual judges involved.
There is further work to be done．The Lord Chief Justice and the Senior President of Tribunals have therefore commissioned a strategy for encouraging diversity within the judiciary of England and Wales．This will be developed by the Judicial Diversity Committee of the Judges' Council chaired by the Lord Chief Justice.
The direction and purpose of the judicial diversity strategy will be threefold．First, it will be aimed at serving office-holders, supporting those who wish to progress to the more senior levels of the judiciary; at the legal professions, encouraging suitable applicants from all backgrounds to consider applying for judicial office; and at law students and others who may be considering a career in legal practice and have the potential to become the judges of the future．Second, it will remind all judicial office-holders of their responsibilities for promoting diversity, both within their courts and tribunals, and as part of their outreach to the wider community．Third, it will support the work of informing the general public about the role of a judicial office-holder and the justice system so as to improve their understanding of and confidence in the rule of law.
The Neuberger Panel recognized that change must be implemented as a comprehensive package of reform, involving not just the Lord Chancellor, the Lord Chief Justice and the Chairman of the Judicial Appointments commission, but also the leaders of the legal profession (Bar Council, Law Society, and Chartered Institute of Legal Executives [CILEx]) and the Senior President of Tribunals．Responsibility for delivering change rests with these authorities acting individually and cumulatively．They must work together effectively if real progress is to be made.
The Diversity Committee, which is supported by staff in the Judicial Office, will report annually to the Judges' Council and to the Judicial Executive Board, the Senior President of Tribunals and the Tribunals Judicial Executive Board．Reports will include an overview of the costs of diversity initiatives (e.g．the work of the DCRJs)．Progress will be measured not simply by improvements to the overall diversity figures for the judiciary but also through analysis of data on trends and through the sharing of qualitative information collected from the Diversity Task Force and other sources．The strategy will be reviewed annually and reissued as appropriate.
The forms of address for judges vary from court to court, and some of them can seem quite archaic in the modern world．Here is a guide explaining what to call a judge, magistrate or member of a tribunal when you are speaking or writing to them.
Judges who sit in the Court of Appeal (Lords Justices of Appeal) are Privy Councilors．They are known officially as Lord Justices．They should be addressed as follows:
Members of the High Court are not usually Privy Councilors．Their official designation is as follows:
Some Circuit Judges, for example, The Recorder of Liverpool or Central Criminal Court judges, are referred to as “My Lord”or “My Lady”.
Court dress is a style of clothing worn by those in the legal profession when they are working in their official capacity．Though the exact style varies among different levels of the judicial system, long robes are a common basis of court dress．The style and color of the robes, as well as various accessories such as wigs or medallions, have all gone in and out of fashion throughout history.
In July 2007 the Lord Chief Justice announced reforms to simplify judicial court working dress in England and Wales．The changes, which included the introduction of a new civil gown, came into effect on 1 October 2008．Fashion designer Betty Jackson CBE worked on a pro bono basis as the design consultant for the new gown.
From 1 October 2008 High Court judges adopted a single set of red robes for criminal proceedings throughout the year, rather than different sets of robes for summer and winter．Apart from this there was no change to court dress worn by judges when sitting in criminal proceedings.
Court of Appeal and High Court judges no longer wear wigs, wing collars and bands when sitting in open court in civil and family proceedings; the new civil robe is worn.
Circuit judges in the County Courts or the Crown Court wear a violet robe with lilac facings, introduced in 1919．As well as a girdle, the judges wear a tippet over the left shoulder—lilac when dealing with civil business and red when dealing with crime．Since autumn 2008, circuit judges in the County Court have not worn wigs, wing collars or bands; however, circuit judges in the Crown Court retain the wig, wing collars and bands.
In civil and family hearings in open court, all other judges wear the new civil gown.
The design favoured by a judicial working group incorporates coloured bands to identify seniority．The chosen colours are:
◆Heads of Division and Appeal Court judges—gold
◆High Court judges—red
◆District judges—blue
◆Masters and Registrars—pink
These changes were reflected in the dress allowances made to judges and substantial savings resulted．Whilst the one-off cost of supplying the new civil robe to judges was estimated at about 450,000 it was anticipated that annual savings in the region of 200,000 would thereafter be made.
There are several different types of legal professionals, who can help you in different ways．This section provides a brief overview of the main duties and differences between legal professionals in England and Wales.
Arbitration and mediation are non-judicial and alternative ways to resolve disputes, without going to court．Arbitrators and mediators are neutral, which means they will not take sides and cannot provide advice．They are often experts in the field of what the dispute is about, and will reach a decision after hearing from both sides of the dispute.
Barristers are legal advisers and courtroom advocates．Barristers put legal arguments to judges, magistrates and juries．They cross-examine witnesses and otherwise attempt to sway the outcome of a court case．Barristers typically have no direct contact with the public．They appear in court when instructed by a solicitor．Only barristers or qualified solicitor advocates may represent clients in the higher courts．Barristers are highly trained courtroom advocates, dealing with the majority of serious and high profile court cases.
Both solicitors and barristers may be appointed as judges．Judges decide legal cases in certain circumstances or, if a trial involves a jury, judges rule over the proceedings to ensure fairness and that the jury has arrived at their decision in the correct way．The Judicial Appointments Commission selects candidates for judicial office on merit.
Law costs draftsmen ensure that a firm's clients are properly charged for work undertaken on the clients' behalf．They also help apportion costs between the two sets of legal advisers at the end of long and complex cases．In some instances, they represent clients in court when there is an issue over costs.
Legal cashiers usually work in solicitors' practices．They keep financial records and keep solicitors informed of the financial position of the firm.
A chartered legal executive can work in a legal office and has the option to later qualify as a solicitor through further vocational training．Fully qualified chartered legal executive lawyers can have their own clients and represent them in court, where appropriate．The main difference between solicitors and legal executives is that the training of legal executives is narrower．Legal executives have studied to the same level as a solicitor, but they have specialised in a particular area of law and completed fewer subjects overall.
Legal secretaries provide secretarial and clerical support to solicitors, barristers and the law courts．They deal with large quantities of correspondence and help prepare documents such as wills, divorce petitions and witness statements．Legal secretaries are specialists because legal documents are composed differently from other commercial documents．Positions can usually be found by contacting firms directly or checking with local recruitment agencies.
Notaries are qualified lawyers appointed by the Archbishop of Canterbury and regulated by the Master of the Faculties．Notaries practice under rules very similar to those of solicitors', including renewing a practicing certificate, keeping client money separate and maintaining insurance．Notaries authenticate and certify signatures and documents, and often also practice as solicitors.
Paralegals assist lawyers in their work．They undertake some of the same work as lawyers but do not give advice to consumers of legal services.
The paralegal is a relatively modern phenomenon in British legal circles．The role has transferred across from the U.S．where paralegals have operated in a support role in law firms for many years.
The duties of a paralegal will vary according to the type of firm and practice area that is worked in．Generic paralegal tasks may include research and drafting documents, attending client meetings and document management．They might prepare reports to help lawyers prepare their case．Some paralegals help to write contracts and mortgages and some help to prepare income tax returns and other financial documents.
Firms usually look for law graduates or non-law graduates who have completed the Common Professional Examination or Graduate Diploma in Law to fill paralegal roles．Some of the larger firms, however, will look for graduates who have also passed the Legal Practice Course.
Paralegal vacancies are generally not well advertised so a good approach is to submit your CV to firms or organizations which you are interested in working for．Publications such as the Law Society Gazette run advertisements for these positions.
Solicitors work in many different areas of law and offer many different services．Solicitors are confidential advisers and will often have direct contact with their clients, providing expert legal advice and assistance in a range of situations.
Everyday issues solicitors deal with include:
◆providing expert guidance on the issues people regularly face such as buying and selling houses, drawing up wills, and dealing with relationship breakdown;
◆promoting business, by helping businesses with the legal side of commercial transactions;
◆protecting the rights of individuals by advising people of their rights, ensuring they are treated fairly by public or private bodies, and that they receive compensation when they have been unfairly treated;
◆supporting the community by undertaking legal aid work or spending a portion of their time providing free help for those unable to pay for legal services;
◆representing clients personally in the lower courts (Magistrates' courts, County Court and tribunals) and with specialist training are also able to represent them in higher courts (Crown Court, High Court, Court of Appeal and the Supreme Court).
The Law Society represents, promotes and supports solicitors in England and Wales.
Ushers' duties include escorting judges to and from court and preparing and closing courtrooms．A large part of the job is the carrying out of court duties, which includes obtaining names of legal representatives, preparing court lists, maintaining order in the courtroom, administering oaths in court, and handing round exhibits.
There have been major changes in legal publishing in recent years．The venerable legal publisher Butterworths has been incorporated into LexisNexis, and the print publishing greatly reduced, academic titles having been sold on to Oxford University Press and many practitioners' titles to Tottel Publishing; Tottel has since been acquired by Bloomsbury and changed its name to Bloomsbury Professional．The other main UK legal publisher, Sweet & Maxwell owned by Thomson Reuters, continues to have an extensive print list.
Other law publishers include Hart, now part of Bloomsbury Publishing; Routledge, owned by Taylor and Francis; Cambridge University Press; Jordan; Palgrave Macmillan; and Wiley.
The leading specialist law publisher for Scotland is W．Green, owned by Thomson Reuters．Some of the UK publishers mentioned above also publish Scottish law titles.
SLS Legal Publications, based at Queen's University, Belfast, was a small publisher specializing in Northern Irish law, but closed at the end of 2012．Books on the law of Northern Ireland are published by Bloomsbury, Hart and other UK publishers.
The modern system of case law reporting in the UK dates from 1865．Listed below are the contemporary UK case law reporters that researchers are most likely to encounter, along with their corresponding citation formats.
The Law Reports ．This quasi-official series, published since 1865 by the Incorporated Council of Law Reporting (ICLR) for England and Wales, is widely regarded as the most authoritative．It is currently divided into four sub-series．Appeal Cases (AC) publishes decisions of the Supreme Court and the Court of Appeal, as well as appellate decisions issued by the High Court．The remaining sub-series correspond to the three divisions of the High Court: Chancery Division Cases (Ch); Queen's Bench Division Cases (QB); and Family Division Cases (Fam)．The citation format is as follows: party names, [year], sub-series abbreviation, page.
The Weekly Law Reports ．This series, also published by the ICLR, appears each week in paperback．The first section of each issue includes cases that are deemed to be worth reporting even though they do not raise new points of law．These cases will not be republished in The Law Reports ．The second section includes cases of greater significance that eventually will be republished in The Law Reports ．The citation format is: party names, [year], section number (1 or 2), WLR, page.
All England Law Reports. This commercially published series has broader coverage than The Law Reports and The Weekly Law Reports ．Most practitioners consider the headnotes to be more helpful than the ones published in The Law Reports ．The citation format is: party names, [year], All ER, page.
In addition to the reporters listed above, there are many specialized reporters published by commercial vendors that focus on particular types of cases．As in the United States, cases often are published in more than one reporter．Citations should be made to most authoritative reporter in which a case appears, with a clear preference given to The Law Reports .
A．law B．specialist C．advocates D．barristers
E．distinction F．advocacy G．monopoly
H．Solicitors Regulation Authority I．the Bar Standards Board
J．legal
There are essentially two main branches of the legal profession—solicitors and
1_______．Solicitors, governed by the 2_______, advise individuals and organizations on 3_______matters and ensure that their clients act in accordance with the 4_______．Barristers, governed by 5_______, represent clients in court and give
6_______opinions on complex legal matters．The 7_______between solicitors and barristers is not as clear-cut as it once was．Following the Court and Legal Services Act 1990 solicitors have the right to become certified 8_______(i.e．represent clients in court)．Although solicitors are taking on a more active 9_______role in the lower courts, barristers still maintain an unrivalled 10_______over the higher courts.
1．Which of the following requirements are essential for those candidates who are intent to become a barrister?
A．eloquence and persuasiveness
B．excellent articulation
C．confidence
D．an analytical mind
2．In the sentence that “the final hurdle before a student can qualify as a solicitor or barrister is to secure a training contract or pupillage ”, the italic word “pupillage”means_______.
A．a minority
B．the condition of being a pupil or duration for which one is a pupil in primary school
C．in England and Wales, Northern Ireland and Ireland, the barrister's equivalent of the training contract that a solicitor undertakes
D．similar to an apprenticeship, during which students build on what they have learnt during the Bar Professional Training Course by combining it with practical work experience in a set of barristers' chambers
3．Which of the following is NOT true for the legal education in the UK?
A．Many UK students study law as undergraduates, earning an LL.B．or a B.A.
B．The United Kingdom still maintains a distinction between barristers and solicitors.
C．Solicitors and barristers pursue different training periods before qualifying for independent practice after the requisite academic and vocational courses.
D．Top universities confer LL.Ms and some offer these training courses.
4．Which of the following are NOT true about judges in the UK?
A．There is no upper or lower age limit for candidates for judges, apart from the statutory retirement age of 70 for all judges.
B．The Judicial Appointments Commission selects candidates for judicial office on merit.
C．Both solicitors and barristers may be appointed as judges.
D．Tribunal judges need have been solicitors or barristers.
5．Which of the following are true about different types of legal professionals in England and Wales?
A．Arbitration and mediation are non-judicial and alternative ways to resolve disputes, without going to court.
B．Paralegals assist lawyers in their work, the role of which has transferred across from the U.S.
C．Notaries are qualified lawyers appointed by the Archbishop of Canterbury and regulated by the Master of the Faculties．Notaries practice under rules very similar to those of solicitors'.
D．The main difference between solicitors and legal executives is that the training of legal executives is narrower.
1．What are the differences and similarities between being a barrister and being a solicitor in the UK?
2．What are the basic requirements for becoming a judge in the UK?
3．What criteria should a candidate for a magistrate satisfy in the UK?
4．What do you know about how to call a judge in court?
5．How is the legal profession divided in the UK?