The United States Court System

a) TRIAL

b) THE FILING OF PLEADINGS

c) PREPARATION FOR A COURT TRIAL

d) PARTIES

The trial court on the federal level is called the United States District Court.On the state level the names vary, but generally it is called the district or superior court.The procedure in state major trial courts and federal district courts is basically the same.There is a difference of procedure, however, according to whether the case involves a criminal action or a civil action.

Civil actions involve a dispute between two or more parties. In such cases, the complaining party, or plaintiff, initiates a lawsuit against the defendant. The state acts merely as referee and is not a party to the dispute.

The first step in a civil lawsuit is the filing of pleadings with the clerk of the court. The plaintiff files a complaint which briefly states the injury and names the defendant. Through his attorney, the defendant files an answer in which he explains what the plaintiff has said in his complaint.The defendant may also file a counterclaim against the plaintiff.

The next step is that of preparation for a court trial. While attorneys for both the plaintiff and the defendant are busily preparing to argue the case in court, the court itself is making certain preparations. Principal among these is the selection of a jury. Attorneys participate, often actively, in the selection of the jury. Depending on the court and the amount in question, the jury may consist of from six to twelve impartial men and women chosen at random from voter lists.

Finally comes the day incourt. 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 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 called to testify by his side in the case. Cross-examination is a process by which a lawyer questions a witness called to testify by the other side. Evidence or testimony introduced in court can be, and often is, 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 dispute gives a closing argument, the plaintiff first – leaving the last say to thedefendant. This stage of the trial is called pleadings of the attorneys.

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. He then retires the jury to a private room adjoining the courtroom 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.

Decisions of a jury or a judge in a civil case are called awards. These awards may include money damages for thealleged injury, compliance with the terms of a contract, or orders to stop further illegal actions. These awards may be ordered by a jury or by the judge, depending on the particular court. They are final, subject only to review by a higher court on appeal, and will be enforced by the state.

3. SCANNING READING. Scan the text to find words or phrases that mean the following:

истец; ответчик; возбуждает дело в суде; подача письменных заявлений сторон; исковое заявление; письменное объяснение по делу ответчика; встречный иск; величина иска; беспристрастный; выбранные наугад; выступления сторон или адвокатов в суде; вступительное заявление; доказательства; свидетели; прямой допрос; перекрестный допрос; давать показания; показания свидетелей; опротестованы; возражение (протест); принять возражение; отклонить возражение; заключительное слово; прения адвокатов (сторон); удаляются (о присяжных); старшина присяжных; решения суда в гражданском деле; денежная компенсация; предполагаемый ущерб; выполнение условий договора; распоряжение о прекращении дальнейших противоправных действий; подлежат пересмотру; по апелляции;

5.5 Fill in the synonyms from the list.