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.’