Language Study: verb or noun.

a) The following words from the text can be used as nouns and as verbs. Study their meanings in the table below. Suggest the Russian.

VERB

NOUN

to award 1) to give or grant by official decision   to damage 1) to cause loss to sth     to judge 1) to act as a judge; hear and try cases in a law court to name 1) to give a name to 2) to say the names of 3) to nominate for, appoint to a position to state 1) to express in words, esp carefully, fully and clearly to witness 1) to give testimony in a law court; to testify to act 1) to perform actions; to do sth

award 1) decision made by a judge or arbitrator 2) sth given as the result of such decision damage 1) harm or injury that causes loss of value 2) (pl) (legal) money claimed from or paid by a person causing loss or injury judge 1) public officer with authority to hear and decide cases in a law court name 1) word(s) by which a person, animal, place, thing, etc. is known and spoken to or of 2) reputation; fame 3) famous person state 1) condition in which sth or sb is 2) organized political community with its system of government; territory in which this exists witness 1) person who testifies (gives evidence) in a law court act 1) action 2) law made by a legislative body

 

b) Choose the proper meaning and define the function of each word in the sentences below. Translate the sentences into Russian.

1) The judge may award him $200 as damages.

2) Decisions of a jury or a judge in a civil case are called awards.

3) He was awarded the first prize.

4) He claimed $5000 damages from his employers for the loss of his right hand while at work.

5) The storm often damages the crops.

6) The storm did great damage to the crops.

7) God will judge all men.

8) The judge instructs the jury concerning the various points of law involved in the case.

9) The teacher knows all the students in his class by names.

10) The company has a name for good management.

11) George Washington is the great name in American history.

12) A complaint filed with the court names the defendant and states the injury.

13) “ Name the federal courts in descending order,” the teacher said.

14) These buildings are in a bad state of repair.

15) The President of the United States is Head of State.

16) The thief was caught in the act of breaking into the house.

17) The time for talking is past; we must act at once.

18) To become an Act, the legislation must be passed in both chambers and signed by the President.

 

7. READING FOR DETAIL. Read the text attentively to answer the following questions.

1) What is a civil case?

2) What are the parties to a civil case?

3) How is a civil case initiated?

4) Who prepares for a court trial?

5) What party has a burden of proof in civil cases?

6) What is called a burden of proof?

7) What is the burden of proof in civil cases?

8) What awards can be ordered by the court in civil cases?

9) Who can review the decision of a trial court?

8. PRESENTATION. Describe the Procedure in Civil Cases.

TEXT 2

1. FIRST READING. Skim the text.

Criminal Actions

Criminal actions involve crime. In such cases, the state is the party, which initiates the action. The defendant is a person charged with a crime.

In criminal actions, the detection of a criminal act and the arrest of a person suspected of committing that act represent the first stage. If the violation is committed in the presence of a police officer, he may arrest the person on the spot or if the violation is a felony, the policeman may arrest the suspect for probable cause. In other situations, the officer cannot make an arrest without a warrant from a court judge.

The second stage in a criminal case is that of the preliminary hearing. This is the stage at which a formal accusation is made. The police on behalf of the state must prove two things: firstly, that a crime has been committed; and, secondly, that there is evidence which links that crime to the person charged. The judge then decides whether or not there are sufficient grounds to accuse the defendant.

The third stage is the issuance of a formal complaint by the grand jury in the form of indictment, or by the prosecuting attorney in the form of information. In either case, the charges are clearly detailed; evidence is itemized; and witnesses are named by the prosecuting attorney.

The fourth stage in a criminal action is what is called an arraignment. Here, the defendant appears before the trial judge. The formal complaint, by indictment or by information, is read to him, and (s)he pleads guilty or not guilty. If the plea is guilty, the judge immediately sets the penalty. If the plea is not guilty, the judge sets a date for the trial.

In a criminal case it is up to the state to prove the case against the defendant. The burden of proof is greater in a criminal case than in a civil case. The state must prove the case beyond reasonable doubt in order to overcome the presumption of innocence (the defendant is considered innocent until his guilt is proven beyond reasonable doubt).

Decisions of a jury or a judge in a criminal case differ from those in a civil case. If the jury returns the verdict of guilty (conviction), the judge sentences the convict, that is sets a penalty according to the requirements of the law in the case. If the jury returns the verdict of not guilty (acquittal), the accused is released immediately in the courtroom.

Note:

A grand jury should not be confused with a trial jury also referred to as a petty jury. The latter is a group of from 6 to 12 people whose duty is to hear the facts of the case during the trial and decide on the verdict. The grand jury is a group of 23 jurors who are summoned by the court before the trial to issue a formal complaint in the form of indictment.

2. SCANNING READING. Quickly scan the text to find words or phrases that mean the following:

- обнаружение преступного деяния

- арестовать на месте преступления

- арестовать подозреваемого на достаточном основании

- ордер (на арест, обыск)

- предварительное слушание

- формальное обвинение

- возбуждение уголовного дела и привлечение к суду

- обвинитель

- предъявление обвинения

- виновен или не виновен

- бремя доказывания (доказательная норма)

- вне всяких разумных сомнений

- презумпция невиновности

- осужденный

- обвиняемый

- обвинительный приговор

- оправдательный приговор

 

3. READING FOR GENERAL UNDERSTANDING. Choose the correct alternative to complete each of the sentences below.

1. In criminal cases the state is …

a) the plaintiff

b) the referee

c) the victim

2. A grand jury consists of … jurors.

a) six

b) twelve

c) twenty three

3. The function of a petty jury is to …

a) reach a verdict of guilty or not guilty

b) issue a formal complaint by filing an indictment

c) punish a criminal

4. A decision of a jury in a criminal jury trial is called a …

a) sentence

b) verdict

c) indictment

5. A decision of a judge in a criminal jury trial is called a …

a) sentence

b) conviction

c) acquittal

 

WORD STUDY.

4.1 Study the meanings of the words, then choose the proper meaning of each word in the sentences below. Suggest the Russian.

commit defendant charge complaint plead sentence

1) perform (a wrongdoing) 2) bind a person over to the court for a trial   1) person being sued in a civil dispute 2) person charged with a crime; the accused   1) price asked for goods and services 2) statement that a person has done wrong, esp that he has broken a law 3) work given to sb as a duty   1) complaining 2) formal written charge that a person has committed a crime and is bound over for a trial 3) initial paper filed by the plaintiff in a civil case which states the injury and names the defendant   1) (for or against sb) speak in a court as an advocate on behalf of either the plaintiff or the defendant 2) (guilty/not guilty),admit/deny that one is guilty 1) (gram.) statement, question, command, etc. 2) punishment imposed by the judge in a criminal case

 

1) The number of young people who commit crimes has risen sharply in recent years.

2) A formal complaint was issued by the prosecutor to commit the accused for a trial.

3) He became depressed and made several attempts to commit suicide – but always when someone was close by.

4) The road works caused much complaint among local residents.

5) You have no grounds for complaint.

6) To initiate a civil lawsuit the plaintiff files a paper called complaint which states the injury and names the defendant.

7) The defendant was found guilty and fined $200.

8) There were several charges against him.

9) Impeachment is bringing charges of treason, bribery and other high crimes and misdemeanors against high public officers.

10) Hotel charges are reasonable in this area.

11) The Attorney General is in charge of the Department of Justice.

12) You should get a lawyer to plead your case in the court.

13) The man pleaded guilty and was sentenced to pay a fine of $1000.

14) The Counsel pleaded her insanity.

15) ‘How do you plead?’ ‘Not guilty, my Lord.’

16) She has served her sentence and will now be released.

17) The sentence of the court was three years’ imprisonment.

18) Marriage is not a word, it’s a sentence. (humor)

4.2 Match the descriptions on the left to the terms on the right.

a) decision of a jury in a criminal case b) measure of proof required to prove the fact in order to win c) verdict of guilty d) verdict of not guilty e) written order giving official authority for sth (arrest, search) f) general measure of proof in criminal cases g) to set the punishment

1 acquittal 2 conviction 3 verdict 4 beyond reasonable doubt 5 warrant 6 to sentence 7 burden of proof

4.3 Fill in the synonyms from the list.

Not guilty; to free; on sufficient grounds; accused; acquittal; punishment; to charge with;

to accuse of = defendant =

for probable cause = innocent =

penalty = to release =

4.4 Match these words as they occur in the text.

1 probable 2 preliminary 3 sufficient 4 grand 5 issuance 6 pleads 7 verdict 8 plaintiff’s 9 beyond 10 presumption

a) jury b) reasonable doubt c) guilty or not guilty d) burden of proof e) grounds f) of guilty g) of a formal complaint h) of innocence i) cause j) hearing

4.5 Fill in the gaps with the missing forms from the text.

VERB	NOUN
1 to arrest 2 to … 3 to suspect 4 to … 5 to charge 6 to indict 7 to defend 8 to presume 9 to … 10 to acquit 11 to … 12to … 13 to … 14 to issue	1 … 2 plea, pleadings 3 … 4 accusation; the accused 5 … 6 … 7 … 8 … 9 conviction; the convict 10 … 11 sentence 12 release 13proof 14 …

5. GET IT RIGHT: ‘Charge, Accusation, Complaint, Indictment, Information, Prosecution, Conviction.’

a) Read the following information.

The words below can all be translated as обвинение. Although they are close in meaning they are not interchangeable because they are legal terms used to describe different stages of a criminal action.

b) Study the meaning of the words.

Charge – statement that a person has done wrong, esp. that he has broken a law. The word is the most general in meaning of all and can be used to define the other words. (обвинение)

Accusation – formal preliminary charge brought by the judge. The investigation is conducted by the police. After a formal accusation has been made the suspect becomes the accused (or defendant) and can be kept in prison before trial. (предварительное обвинение)

Complaint – formal written charge. Binds the accused over to the court for a trial. The investigation is conducted by the prosecutor. (обвинение, как письменное обвинительное заключение о возбуждении уголовного дела и передаче дела в суд)

Indictment – complaint filed by the grand jury. (обвинительный акт большого жюри о привлечении к уголовной ответственности и передаче дела в суд)

Information – complaint filed by the prosecutor. ( обвинительное заявление прокурора о привлечении к уголовной ответственности и передаче дела в суд)

Prosecution – presentation of charges against the accused in a law court. (обвинение как сторона в уголовном деле; предъявление обвинительных аргументов в суде)

Conviction – verdict of guilty. (обвинение как признание виновности; осуждение)

 

с) Choose the correct word from b) to fill in the gaps. Some words are used more than once.

1) Preliminary hearing is the stage in a criminal action at which a formal … is made.

2) There were several … against him.

3) A formal … is issued by either a grand jury or a prosecutor.

4) The … insisted on … but the jury returned the verdict of not guilty.

5) If the crime is very serious, a grand jury is summoned to file an …

6) If the crime is not a felony, the prosecutor issues a formal … with a filing of an …

7) The judge brought an … of theft against him.

8) The trial resulted in … and imposition of a prison sentence.

9) On that day there were five acquittals and six …

10) In criminal cases … is represented by the state.

 

6. READING FOR DETAIL. Read the text carefully to answer the following questions.

1) What is a criminal case?

2) What are the parties to a criminal case?

3) What is the first stage in a criminal case?

4) In what situations can a person suspected of committing a crime be arrested without a warrant?

5) What does ‘preliminary hearing’ mean?

6) Who makes a formal accusation?

7) What must be proved for a formal accusation to be made? Who collects and presents the evidence?

8) What are the two ways to issue a formal complaint? Who conducts investigation at this stage?

9) What is the difference between a grand jury and a petty jury?

10) What happens at an arraignment?

11) What party has the burden of proof in criminal actions?

12) What is the burden of proof in a criminal case?

13) Why is the burden of proof greater in a criminal case than in a civil case?

14) What does ‘presumption of innocence’ mean?

 

7. SPEAKING.

7.1 Explain the meaning and state the difference.

- plaintiff (civ. and crim.)

- defendant (civ. and crim.)

- complaint (civ. and crim.)

- indictment and information

- petty jury and grand jury

 

8. PRESENTATION. Describe the Procedure in Criminal Cases.

 

TEXT 3

1. BEFORE READING. Study the following words from the text you are going to read.

to try – судить

trial – суд, судебный процесс

opening statement – вступительное заявление (адвоката)

closing argument – заключительное слово (адвоката)

evidence = proof – доказательство

to prove – доказывать

t estimony – показания свидетелей

to give testimony = to testify – давать показания в суде

witness – свидетель

to object – возражать; выражать протест

objection – возражение; протест

to rule with the objection – принимать протест

to overrule the objection – отклонять протест

pleadings of the attorneys – выступления адвокатов в суде

Counsel for the Prosecution – обвинитель

Counsel for the Defense – защитник

to take over – вступать в дело

foreman – старшина присяжных

2. READING OF THE TEXT.

2.1 Read and translate the text.

Trial

The trial stage of a criminal case is similar to that of a civil case. The plaintiff’s attorney first presents an opening statement, in which he sets forth what he intends to prove before the court. He then calls witnesses, who give testimony and presents other evidence. The defendant follows the same pattern to present another side of the case.

Witnesses may be examined and cross-examined. Examination is a process by which a lawyer questions a witness who testifies by his side in the case. Cross-examination is a process by which a lawyer questions a witness who testifies by the other side.

Evidence or testimony introduced in court can be objected to. The judge may either rule with or overrule the objection. If the judge rules with the objecting party, then that evidence or testimony cannot be considered by the jury, and the jury is so instructed.

When all evidence has been presented, each party to the case gives a closing argument, the plaintiff first – leaving the last say to thedefendant. This stage of the trial is called pleadings of the attorneys. (In a criminal case, the attorney who argues against the defendant is called Counsel for the Prosecution; the lawyer who speaks for the defendant is Counsel for the Defense.)

At this point the judge and jury take over. The judge first instructs the jury concerning the various points of law involved in the case. Then the jury retires to a private room adjoining the court room where it considers the facts presented by both sides, and tries to apply these facts to the points of law as explained by the judge. When the jury reaches a decision, it returns to the courtroom and a foreman chosen by the jurors themselves delivers the jury's decision.

2.2 Answer the following questions.

1) How does the trial stage begin?

2) What does the plaintiff set forth in his or her opening statement?

3) What follows the opening statement?

4) What is the difference between examination and cross-examination?

5) Who objects during the trial?

6) Who rules with or overrules objections?

7) What happens if the judge rules with the objecting party?

8) What follows presentation of evidence?

9) What is the difference between Counsel for the Prosecution and Counsel for the Defense?

10) At what point the judge and jury take over?

11) What does the judge do first?

12) Why does the jury retire to a private room?

13) Who delivers the jury’s decision?

 

CHECK YOUR KNOWLEDGE.

3.1 Match the people on the left to what they do.

1 judge 2 witness 3 jury 4 Counsel for the Prosecution 5 Counsel for the Defense 6 defendant 7 police

a) reaches a verdict of guilty or not guilty b) controls the trial and passes a sentence c) tries to show the person on trial is not guilty d) investigate, arrest, search, question e) pleads guilty or not guilty f) gives evidence g) tries to show the person on trial is guilty

3.2 Use the words in the box to fill in the gaps in the sentences below.

cross-examination plaintiff pleaded acquit litigant preponderance

verdict complaint counsel for the defense presumption suit random

testimony presumed overrule damages accusation evidence

oath criminal counter-claim burden of proof rule

1) To … smb means to find a person not guilty in a trial.

2) The job of a juror is to hear the … and to decide on the …

3) One who is engaged in a lawsuit is called a …

4) Process by which a lawyer questions a witness called to testify by the other side is …

5) Formal charge of having committed a criminal offence is an …

6) The attorney who represents the defendant is …

7) … is any statement made by a witness under … in court.

8) The party bringing the suit is called a …

9) The lawsuit is started by filing a paper called a …

10) The defendant’s innocence is … unless he is proven guilty.

11) A … case is brought by the state against a person accused of a crime.

12) If the defendant has … not guilty, the prosecution must prove his guilt beyond reasonable doubt to overcome the … of innocence.

13) If the objection is not valid, the judge will … it.

14) Claim presented by the defendant in opposition to that of the plaintiff is called a …

15) Most often in civil cases the party bringing the … is asking for money …

16) The plaintiff’s … is greater in a criminal case than in a civil case.

17) If the objection is valid, the judge will … with it.

18) The general standard of proof in a civil case is … of evidence.

19) A jury consists of twelve ordinary citizens chosen at … from voter lists.

 

4. PRESENTATION. Describe Trial Proceedings.

5. DEVELOPMENT. The following texts come from a handbook on jury service for the US citizens.

a) Read the text. Use a dictionary for the words you do not know.

A Handbook for Jury Service