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Just_English_2 часть. Just English. Английский для юристов 43
During deliberations
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.
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.
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.
DON'T play cards, read, or engage in any other diversion.
DON'T mark or write on exhibits or otherwise change or
injure them.
DON'T cast lots or otherwise arrive at your verdict by
chance, or the verdict will be illegal.
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.
TASK 8. Translate the following into English:
Присяжный заседатель не должен:
• отлучаться из зала судебного заседания во время слушания дела,
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  общаться по делу с лицами, не входящими в состав суда,
без разрешения председательствующего,
собирать сведения по делу вне судебного заседания.
J ust for Fun
A jury consists of twelve persons chosen to decide who has
the better lawyer.
* * *
"You seem to be in some distress," said the judge to the witness. "Is anything wrong?"
"Well, your Honour," said the witness, "I swore to tell the truth and nothing but the truth, but every time I try, some lawyer objects!"
'.* * *
A man had been convicted of theft on circumstantial evidence. When the case was sent for appeal, he revealed to his lawyer that he had been in prison at the time of the crime committed. "Good Heavens, man!" said the lawyer. "Why on earth didn't you reveal that fact at the trial?"
"Well," said the man, "I thought it might prejudice the jury against me."
* * *
A man accused of stealing a watch was acquitted on insufficient evidence. Outside the courtroom he approached his lawyer and said, "What does that mean — acquitted?"
"It means," said the lawyer, "that the court has found you innocent. You are free to go."
"Does it mean I can keep the watch?" asked the client.
* * *
First juror: "We shouldn't be here very long. One look at those two fellows convinces me that they are guilty."
Second juror: "Not so loud, you fool! That's counsel for the prosecution and counsel for the defence!"
UNIT 5. KINDS OF CASES
TASK 1. Read the following text and write down Russian equivalents for the words and expressions in bold type:
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 organisations. 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
A criminal 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.
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  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.
TASK 2. Find in the text above the English equivalents for the following words and expressions:
заявление об обвинении
элемент (состава) преступления
презумпция невиновности
показания (2)
истец
судебное разбирательство (3)
частные лица
денежная компенсация ущерба
единогласное решение присяжных
наличие более веских доказательств
письменные объяснения, возражения ответчика по делу
ответчик
встречный иск
. 14. бремя доказывания
ответственность за ущерб
подать иск / возбудить дело
заслушать показания
заявить о своей невиновности
TASK 3. 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.
TASK 4. Match the following English expressions with their Russian equivalents:
1)
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evidence for the plaintiff
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a)
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вызывать истца в суд
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2)
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judgement for the plaintiff
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b)
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выступать в суде
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3)
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plaintiff's claim
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в качестве адвоката истца
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4)
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to appear for the plaintiff
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c)
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доказательства в пользу
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5)
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to call the plaintiff
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истца
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6)
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witness by the plaintiff
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d)
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исковое требование
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e)
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свидетель, выставленный
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истцом
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судебное решение в пользу
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истца
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TASK 5. The word DEFENDANT has the following meanings in Russian:
1) ответчик
civil defendant — ответчик
2) обвиняемый
bailed defendant — обвиняемый или подсудимый, освобождённый (из-под стражи) под залог
3) подсудимый
judgement for the defendant — судебное решение в пользу ответчика или подсудимого
4) подзащитный
representation of defendant — представительство интересов подзащитного или подсудимого
Match the following English expressions with their Russian equivalents:
1)
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convicted defendant
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a)
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подсудимый, содержащийся
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2)
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defendant in custody
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под стражей
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3)
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defendant's record
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b)
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осуждённый
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4)
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defendant's story
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c)
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досье подсудимого
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5)
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defendant's witness
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d)
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свидетель, выставленный
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ответчиком / подсудимым
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e)
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версия, выдвинутая
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обвиняемым
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Chapter IV. Fair Trial: the Jury
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 TASK 6. Answer the following questions:
What is a civil case?
Who is a plaintiff?
Who is a defendant?
What is a complaint?
What is an answer?
What is a counterclaim?
What is a burden of proof?
What is a criminal case?
What is preponderance of evidence?
How many jurors are necessary to agree upon the verdict
in a criminal case?
Who is the plaintiff in a criminal case?
What is meant by the presumption of innocence?
TASK 7. Study the article below and decide the following:
What are the names of the plaintiff and the defendant in
the lawsuit?
What was the issue at the heart of the dispute?
What were the claims of both parties?
How did the Random House editor describe the manuscript?
How did Joan Collins' attorney build up the defence?
What was the jury's verdict?
Joan Collins Has Starring Role in Lawsuit
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.
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
ROLE-PL A Y Is Justice Done?
Role play the Joan Collins trial.
STEP 1, Write down the speeches for the opening and closing
arguments of the parties' attorneys. STEP 2. Role play the trial: 'the lawyers' deliver their speeches;
'the defendant' testifies in court. STEP 3. The rest of the group' — the jurors
deliberate the
evidence and bring in a verdict of their own.
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