Litigation — судебный процесс, спор, тяжба

civil litigation — судебный процесс по гражданскому делу

local litigation — тяжба в местном суде

litigation expenses — судебные издержки

issue in the litigation — предмет судебного спора

 

Lawsuit — судебный процесс, судебное дело, иск, тяжба, правовой спор, судебный спор, судебное разбирательство

to be cast in lawsuit — проиграть судебный процесс

party to a lawsuit — сторона по делу

to file a lawsuit — подать иск

 

Suit — судебный процесс, иск, преследование по суду, судебное дело, судебная тяжба, судопроизводство

to win / to lose a suit — выиграть / проиграть судебный процесс

to mount a suit — предъявить иск

to press a suit — оказывать давление на ход судебного процесса

to bring a suit — возбудить дело, тяжбу

 

4) trial — судебный процесс, судебное разбирательство, слушание дела
open(-court) trial — открытый судебный процесс

to conduct / hold a trial — вести судебный процесс

staged trial — инсценированный судебный процесс

trial by jury — рассмотрение дела с участием присяжных

to bring to trial / to put (up) on trial / to place on trial — предать суду

to face trial — предстать перед судом

to stand trial — отвечать перед судом

civil trial — гражданское судопроизводство

criminal trial — уголовное судопроизводство

preliminary trial — предварительное слушание дела

case for trial/ trial case — дело, подлежащее судебному рассмотрению

case on trial — дело на стадии судебного рассмотрения

delay in trial — задержка судебного разбирательства, отсрочка судебного разбирательства

trial docket / trial list — список дел к слушанию

investigation at the trial — судебное следствие

party to a trial — сторона в процессе, участник процесса

 

Cause — судебный процесс, судебное дело, тяжба

legal cause — судебное дело, законное основание

major /minor cause — дело о тяжком / малозначительном правонарушении

costs in the cause — судебные издержки, издержки в процессе

cause list — список дел к слушанию

side in a cause — сторона по делу

 

Controversy — гражданский судебный процесс, правовой спор, судебный спор

legal controversy — правовой спор, судебный спор

to decide a controversy — решить спор

party in controversy — сторона в судебном споре

 

Process — судебный процесс, процедура, порядок, производство дел, судопроизводство, процессуальные нормы

investigation process — процесс расследования

 

Proceeding(s) — судебный процесс, рассмотрение дела в суде, судебное разбирательство, судебная процедура, производство по делу, судопроизводство

to take criminal proceeding(s) — возбудить уголовное преследование

civil proceeding(s) — гражданское производство

criminal proceeding(s) — уголовное судопроизводство

forfeiture proceeding(s) — процедура конфискации

Exercise 9: Find in the list above the English equivalents for the following Russian expressions:

1. судебные издержки

2. сторона по делу

3. тяжба

4. проиграть / выиграть судебный процесс

5. возбудить дело

 

Exercise 10: Translate the following text into English, paying special attention to the words and expressions in bold type:

 

Формирование скамьи присяжных заседателей включает:

- составление списков присяжных заседателей;

- приглашение их в судебное заседание;

- выявление судьей объективности и непредвзятости при рассмотрении данного дела у приглашенных в суд присяжных заседателей;

- использование сторонами права на мотивированный и немотивированный отвод присяжных заседателей.

В результате остаются 12 основных и 2 запасных присяжных заседателя.

От исполнения обязанностей присяжного заседателя по конкретному делу председательствующий судья освобождает всякого, чья объективность вызывает обоснованные сомнения вследствие оказанного на это лицо незаконного воздействия, наличия у него предвзятого мнения, знания им обстоятельств дела из непроцессуальных источников, а также по другим причинам.

ПРИСЯГА

После того, как коллегия присяжных заседателей сформирована и избран их старшина, председательствующий судья приводит присяжных заседателей к присяге.

«Клянусь исполнять свои обязанности честно и беспристрастно, принимать во внимание все рассмотренные в суде доказательства, доводы, обстоятельства дела и ничего, кроме них, разрешать дело по своему внутреннему убеждению и совести, как подобает свободному гражданину и справедливому человеку» (Россия)

Exercise 11: Complete the following text using the words from the list:

The Jury in Britain

criminal offence; acquitted; challenge; civil cases; convicted; disqualified; liable for; ownership of property; randomly; right of appeal; evidence; judiciary; verdict; unanimous; undertake

 

Trial by jury is an ancient and important feature of English justice. Although it has declined in ____ 1 ____ (except for libel and fraud), it is the main element in criminal trials in the crown court. Jury membership was once linked to the ___ 2 ____, which resulted in male and middle-class dominance. But now most categories of British residents are obliged to ____ 3 _____ jury service when summoned.

Before the start of a criminal trial in the crown court, 12 jurors are chosen from a list of some 30 names ____ 4 ____ selected from local electoral registers. They listen to the ___ 5 ____ at the trial and give their verdict on the facts, after having been isolated in a separate room for their deliberations. In England, Wales and Northern Ireland the ___ 6 ____ may be 'guilty' or 'not guilty', the latter resulting in acquittal. Until 1967 the verdict had to be ____ 7 ____. But now the judge will accept a majority verdict after the jury has deliberated for more than two hours provided that, in the normal jury of 12 people, there are no more than two dissenters.

In Scotland the jury's verdict may be 'guilty', 'not guilty' or 'not proven', the accused is ___ 8 ____ if either of the last two verdicts is given. As a general rule no one may be ____ 9 _____ without corroborated evidence from at least two sources.

If the jury acquits the defendant, the prosecution has no ___ 10 ____ and the defendant cannot be tried again for the same offence.

A jury is independent of the ___ 11 ____. Any attempt to interfere with a jury is a ___ 12 _____. Potential jurors are put on a panel before the start of the trial. In England and Wales the prosecution and the defense may ___ 13 _____ individual jurors on the panel, giving reasons for doing so. In Scotland the prosecution or defense may challenge up to three jurors without reason. In Northern Ireland each defendant has the right to challenge up to 12 potential jurors without giving a reason.

People between the ages of 18 and 70 (65 in Scotland) whose names appear on the electoral register, with certain exceptions, are ____ 14 ___ jury service and their names are chosen at random. Ineligible people include, for example, judges and people who have within the previous ten years been members of the legal profession or the police, prison or probation services. People convicted of certain offences within the previous ten years cannot serve on a jury. Anyone who has received a prison sentence of five years or more is ______ 15 ___ for life.

UNIT 4. IN THE COURTROOM

 

Text 1: Read the following text and write down Russian equivalents for the words and expressions in bold type:

The number of the days you work as a juror and your working hours depend on the jury selection system in the county in which you live. Working hours may also be varied by the judge to accommodate witnesses coming from out of town or for other reasons.

Regardless of the length of your working day, one thing that may strike you is the amount of waiting. For example, you may have to wait a long while before you are called for a jury panel. You also may be kept waiting in the jury room during trial while the judge and the lawyers settle a question of law that has come up.

This waiting may seem like a waste of time to you and also may make it seem as if the court system isn't working very well. In reality, however, there are good reasons for the waiting you do both before and during trial.

Your having to wait before trial is important for the efficient operation of the system. Because there are many cases to be heard and because trials are expensive, judges encourage people to come to an agreement in their case before trial. These agreements, called settlements, can occur at any time, even a few minutes before the trial is scheduled to begin. This means that it is impossible to know exactly how many trials there will be on a particular day or when they will start. Jurors are kept waiting, therefore, so that they are immediately available for the next case that goes to trial.

Your waiting during trial helps assure the fairness of the proceedings. You will remember that the jurors decide the facts and that the judge decides the law. If you are sent out of the courtroom during trial, it is probably because a legal issue has come up that must be decided before more evidence can be presented to you. You are sent out because the judge decides that you should not hear the discussion about the law, because it might interfere with your ability to decide the facts in an impartial way. Sometimes the judge will explain why you were sent out, but sometimes he may not be able to do so. Please be assured, however, that these delays during trial, explained or not, are important to the fairness of the trial.

In any case, judges and personnel do whatever they can to minimize the waiting before and during trial. Your understanding is appreciated.

 

Exercise 1: Find in the text the English equivalents for the following words and expressions:

1. судебный секретарь
2. вещественное доказательство
3. вести магнитофонную запись
4. судебный пристав
5. протоколист суда

 

Courtroom Personnel

In addition to the lawyers and the judge, three other people will play an important role in the trial. The court reporter, who sits close to the witnesses and the judge, puts down every word that is spoken during the trial and also may record the proceedings on tape. The clerk, who sits right below the judge, keeps track of all documents and exhibits and notes down important events in the trial. The bailiff helps to keep the trial running smoothly. The jury is in the custody of the bailiff, who sees to the jurors comfort and convenience and helps them if they are having any problems related to jury service.

 

 

Exercise 2: Look at the picture of an American courtroom. Match the numbers in the picture with the words below:

□ jury □ witness stand

□ court reporter □ prosecuting attorney

□ judge □ bailiff

□ defendant □ jury box

□ defense attorney □ judge's bench

□ witness □ courtroom

 

Exercise 3: Read the letter of the inmate of San Quentin Prison (USA). Using the picture above, explain why the courtroom layout is described as unfavourable for the defendant in the text:

A View From Behind Bars

I want to talk about the way that courtrooms are laid out. I think that by their design, it already puts the defendant at a disadvantage when he goes to trial. Maybe you think that it is ridiculous to claim that the way a courtroom is laid out has an impact on a trial, but let me explain.

When you walk into a courtroom in California, the floorplan is basically the same as any other. Since most people have seen at least one trial on TV, you can probably visualize what I am describing. If you sit in the jury box and look out over the courtroom, here is what you will see. Closest to the jury is a witness stand where the witnesses sit when they testify. On the other side of the witness stand is the Judge's Bench sitting high above everything else, so as to give an air of authority. Facing the Bench and witness stand are the tables where the prosecutor and defense sit during the course of the trial. In between the prosecutor and defense table is a podium that the lawyers stand at when they address the court and the jury. Sitting closest to the jury box is always the prosecutor's table, then the podium, and on the other side of that is the defense table. The person on trial is as far away from the jury as it is possible. When I was on trial, I couldn't even see half of the jury, unless I leaned out over the table to look at them. So, this set-up seems to make the person on trial distant, and not even a real part of the proceedings, which in my opinion, makes it easier for the jury to depersonalize you when you are on trial. Meanwhile, the prosecutor is damned near sitting in the jury's lap all through the trial and the jury has the tendency to relate with the prosecutor a lot easier. This might sound like a trivial thing, but consider this. A witness for the defense is on the witness stand and giving his or her testimony, but all through the witness's testimony, the prosecutor is sitting right next to the jury and reacting to everything the witness says by facial expressions and body language. And, if you are saying that this doesn't have an impact on a jury, then you are very naive... or a prosecutor.

 

Exercise 4: Translate the following definitions in writing:

CASE — any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition or information.

WITNESS — a person who testifies under, oath in court regarding what was seen, heard or otherwise observed.

TRIAL — the presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case.

EVIDENCE — a form of proof legally presented at a trial through witnesses, records, documents, etc.

 

Text 2: Read and translate the text:

DO'S AND DON'TS FOR JURORS

During trial

1. DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch.

2. DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.

3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's testimony, you may not be able to consider fully and fairly the testimony that comes later.

4. DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.

5. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.

6. DON'T talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.

7. DON'T try to discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.

8. DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information. Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.

9. DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.

During deliberations

1. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.

2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions. DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.

3. DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a verdict.

4. DON'T play cards, read, or engage in any other diversion.

5. DON'T mark or write on exhibits or otherwise change or injure them.

6. DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal.

7. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order. DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.

 

Exercise 5: Translate the following into English:

 

Присяжный заседатель не должен:

- отлучаться из зала судебного заседания во время слушания дела;

- общаться по делу с лицами, не входящими в состав суда, без разрешения председательствующего;

- собирать сведения по делу вне судебного заседания.

Text 3: KINDS OF CASES

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases

Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. 'it is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff's burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff's burden is to prove the case by a preponderance of evidence, that is, that the plaintiff's version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

Criminal Cases

Acriminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

Exercise 6: Find in the text above the English equivalents for the following words and expressions:

1. заявление об обвинении
2. элемент (состава) преступления
3. презумпция невиновности
4. показания
5. истец
6. судебное разбирательство
7. частные лица
8. денежная компенсация ущерба
9. единогласное решение присяжных
10. наличие более веских доказательств
11. письменные объяснения, возражения ответчика по делу
12. ответчик
13. встречный иск
14. бремя доказывания
15. ответственность за ущерб
16. подать иск / возбудить дело
17. заслушать показания
18. заявить о своей невиновности

 

Exercise 7: Translate the following definitions into Russian:

DEFENDANT — (crim.) person charged with a crime; (civ.) person or entity against whom a civil action is brought.

ACTION — proceeding taken in court synonymous to case, suit, lawsuit.

PREPONDERANCE OF EVIDENCE — the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF — the party who begins an action, complains or sues.

COUNTERCLAIM — claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT — (crim.) formal written charge that a person has committed a criminal offence; (civ.) initial document filed by a plaintiff which starts the claim against the defendant.

 

Exercise 8: Match the following English expressions with their Russian equivalents:

1) evidence for the plaintiff 2) judgement for the plaintiff 3) plaintiff's claim 4) to appear for the plaintiff 5) to call the plaintiff 6) witness by the plaintiff

a) вызывать истца в суд b) выступать в суде в качестве адвоката истца c) доказательства в пользу истца d) исковое требование e) свидетель, выставленный истцом f) судебное решение в пользу истца

 

Exercise 9: The word DEFENDANT has the following meanings in Russian:

Ответчик

civil defendant — ответчик

Обвиняемый

bailed defendant — обвиняемый или подсудимый, освобожденный (из-под стражи) под залог

Подсудимый

judgment for the defendant — судебное решение в пользу ответчика или подсудимого

Подзащитный

representation of defendant — представительство интересов подзащитного или подсудимого

Match the following English expressions with their Russian equivalents:

1) convicted defendant 2) defendant in custody 3) defendant's record 4) defendant's story 5) defendant's witness

a) подсудимый, содержащийся под стражей b) осужденный c) досье подсудимого d) свидетель, выставленный ответчиком / подсудимым e) версия, выдвинутая обвиняемым

 

Text 4: Joan Collins Has Starring Role in Lawsuit

Reuter and Associated Press NEW YORK

British actress Joan Collins made her debut Tuesday in a New York courtroom, battling publishing giant Random House over a multimillion-dollar book contract. Random House is suing Collins, demanding the return of a $1.2 million advance paid to her for manuscripts it claims were unfinished and unpublishable. Collins, best known for playing the scheming Alexis Carrington in the television series Dynasty, has countersued for $3.6 million she claims the publishing house still owes her.

Collins said she "felt completely shattered and let down" by the lawsuit. "It has seriously upset my writing career and my reputation," she said.

The dispute centered on a simple question: what is a completed manuscript?

Delivering the opening argument for Random House, attorney Robert Callagy said Collins had not met the terms of her contract and had to return the advance money. "Miss Collins should be treated like any other person," Callagy said. "If you sign the contract, you must perform."

Former Random House editor Joni Evans testified that in 1991, when she first read Collins' manuscript, she felt 'alarmed'. "It just wasn't working in any shape or form," said Evans, now a literary agent. "It was no good. It wasn't grounded in reality. It was dull, primitive and rough. It was cliched in plot."

Collins' attorney, Kenneth David Burrows, argued that the actress had submitted two complete manuscripts, A Ruling Passion, written in 1991 at her home in France, and a second manuscript with the working title Hell Hath No Fury. Thus she had turned in the required number of words and therefore had complied with the contract. He also said Random House should have provided her with editing and advice but instead it was trying to avoid meeting its obligations. He argued earlier that under the 1990 book deal she was guaranteed the money even if the publisher rejected the book.

Verdict. The jury decided that Collins had completed one manuscript in compliance with her contract. But Random House did not have to pay her for the second manuscript because it was merely a rehashing of the first one and not a separate piece of work. The verdict meant Collins could keep the advance and collect more from Random House, though how much more remained in dispute.

 

UNIT 5. STEPS OF THE TRIAL

 

Text 1: Read the following text and write down Russian equivalents for the words and expressions in bold type: