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. Inability to define the function of the word may cause misinterpretation of a phrase, a sentence or even the whole text.

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 rule 1) to govern; have power over sb 2) to give as a decision     to state 1) to express in words, esp. carefully, fully and clearly to question 1) to ask a question or questions; examine 2) to express doubt about sth to witness 1) to give testimony in a law court; testify to act 1) to perform actions; do sth

award 1) decision made by a judge 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 know and spoken to or of 2) reputation; fame 3) famous person rule 1) law or custom which controls behavior or action 2) sth that is the usual practice 3) government; authority state 1) condition in which sth or sb is 2) organized political community with its system of government; territory in which this exists question 1) interrogative sentence 2) sth about which there is discussion; problem; affair 3) doubt; objection 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. Democracy is rule of the people.

15. In the Senate there is a rule of unlimited debate.

16. As a rule, the Speaker of the House of Representatives does not vote in the House.

17. The judge may either rule with or overrule the objection.

18. These buildings are in a bad state of repair.

19. The President of the United States is Head of State.

20. There is no question about his honesty.

21. Cross-examination is a process by which a lawyer questions a witness called to testify by the other side.

22. He usually asks a lot of questions.

23. I question whether his proposal will be approved.

24. Success is only a question of time.

25. Mr. X witnessed to having seen the accused near the scene of crime.

26. Witnesses may be examined and cross-examined.

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

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

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

 

READING FOR DETAIL.

7.1 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. What are the pre-trial stages of a civil action?

4. How is a civil case initiated?

5. Who prepares for a court trial?

6. How does the trial begin?

7. What is the difference between examination and cross-examination?

8. Is all evidence and testimony introduced at trial accepted in the court?

9. Who has the authority to rule with or overrule the objection?

10. Can the jury base its decision on the evidence that has been objected to?

11. How are pleadings of the attorneys concluded?

12. What follows pleadings of the attorneys?

13. What awards can be made in a civil case?

14. In what way can the decision of a trial court be reviewed?

 

SPEAKING.

8.1 Explain the meaning of, or paraphrase the following:

plaintiff counterclaim testimony

defendant jury objection

complaint amount in question awards

answer evidence money damages

 

8.2 Describe the stages of a civil case.

9. 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

Jury Service – An Important Job and a Rewarding experience

The right to trial by a jury of our fellow citizens is one of our most important rights and is guaranteed by the Constitution of the United States. By serving on a jury, then, you are helping to guarantee one of our most important freedoms.

Your job as a juror is to listen to all the evidence presented at trial and to decide the facts – that is, what really happened. The judge, on the other hand, decides the law – that is, makes decisions on legal issues that come up during the trial. For example, the judge may have to decide whether you or the other jurors may hear certain evidence or whether one lawyer may ask a witness a certain question. You should not try to decide these legal issues, sometimes you will even be asked to leave the courtroom while they are being decided.

In order to do your job you do not need any special knowledge or ability. It is enough that you keep an open mind, concentrate on the evidence being presented, use your common sense, and be fair and honest. Finally you should not be influenced by sympathy or prejudice: it is vital that you be impartial with regard to all people and all ideas.

 

How You Were Chosen

Your name was selected at random from voter registration records and placed on a list of potential jurors. Next, your answers to the Questionnaire for Jurors were evaluated to make sure that you were eligible for jury service. To be eligible, you must be over 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, able to communicate in the English language and if you have been convicted of a felony, you must have had your civil rights restored. People who meet these requirements may be excused or exempt from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer great hardship if required to serve, or are unable to serve for some other reason.

You are here because you were found eligible for jury duty and were able to serve. You are now part of the jury pool, the group of people from which trial juries are chosen.

 

Selection of the Trial Jury

The first step in the selection of the trial jury is the selection of a jury panel. When you are selected for a jury panel you will be directed to report, along with other panel members, to a courtroom in which a case is to be heard. The judge assigned to that case will tell you about the case and will introduce the lawyers. You will also take an oath, by which you will promise to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called VOIR DIRE, a phrase meaning “to speak the truth”.

Many of the questions the judge and lawyers ask you during VOIR DIRE may seem very personal to you, but you should answer them completely and honestly. Remember that the lawyers are not trying to embarrass you, but are trying to make sure that members of the jury do not have opinions or past experiences which might prevent them from making an impartial decision.

During VOIR DIRE the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror.There are two types of challenges. One is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be impartial. For example, the case may involve the theft of a car. If one of the jurors has had a car stolen and still feels angry or upset about it, the lawyer for the person accused of the theft could ask that the juror be excused for the cause.

The other type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused. Unlike challenges for cause, however, the number of peremptory challenges is limited. Please try not to take offence if you are excused from serving on a particular jury. The lawyer who challenges you is not suggesting that you lack ability or honesty, merely that there is some doubt about your impartiality because of the circumstances of the particular case and your past experiences. If you are challenged, you will either return to the jury pool and wait to be called for another panel or will be excused from service, depending on the local procedures in the county in which you live.

b) Answer the questions on the text.

1. What is the job of a juror?

2. What is the job of a judge?

3. What qualities should a good juror have?

4. What requirements should one meet to be eligible for jury service?

5. What are the reasons for a person to be excused from jury service?

6. What is the aim of VOIRE DIRE?

7. What is challenging a juror?

8. What are the types of challenge?

10. PRESENTATION. Describe the Procedure in Civil Cases.

 

TEXT 3. PROCEDURE IN THE TRIAL COURTS:

CRIMINAL ACTIONS

 

1. BEFORE READING. Think about the following points.

1. Who is the plaintiff in a criminal case?

2. Who is the defendant?

3. What are the two possible verdicts in a criminal case?

4. What are the ways to punish the guilty?

5. Can the victim of a crime be compensated in a criminal action?

2.FIRST READING OF THE TEXT. Skim the text to have a general idea of the contents.

Criminal actionsinvolve crime. In such cases, the state itself is the aggrieved party, and is the initiator of the action. The defendant is the person chargedwith a crime.

In criminal actions, the detection of a criminal act and the apprehension(or 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 unless he has first secured 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 state must first prove 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. Whether a formal accusation is made or not depends on how well the police have done their work.

The third stage involves the issuance of a formal complaint. Depending on the jurisdiction, this is done with a filing by the grand jury of an indictment, or with a filing by the prosecuting attorney of aninformation. In either case, the charges are clearly detailed; evidence that has been collected is itemized; and witnesses are named. 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 case during the trial and decide on the verdict. The former is a group of 23 jurors who are summoned by the court before trial to issue a formal complaint with filing an indictment.

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 he pleads guilty or not guilty. If the plea is guilty, the judge immediately sets the penalty. If the plea is one of not guilty, the judge sets a date for the trial.

The trial stage of a criminal case is similar to that of a civil case. The jury is selected similarly, and the presentation of arguments, evidence, and witnesses is conducted in like fashion – always with the state (the plaintiff) initiating, and the defendant concluding each part. In a criminal case, the lawyer who argues against the defendant is called Counsel for the Prosecution, the lawyer who speaks for the defendant is Counsel for the Defense. Finally the judge instructs the jury as to the points of law and the jury retires to consider a verdict, just as in civil actions. If the defendant has pleaded not guilty, the jury should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. If the jury returns a verdict of guilty (conviction), the judge, on behalf of the state, sentences the person according to the requirements of the law in the case. If the jury acquits (returns the verdict of not guilty) the accused (defendant) is released immediately in the courtroom.

It is up to the plaintiff to prove the case against the defendant. As the plaintiff has the burden of proof in a civil suit, the state has the burden of proof in a criminal case. In each case the judge tells the jury the extent to which the plaintiff must prove the case in order to win. In most civil cases the plaintiff’s burden of proof 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. The plaintiff’s burden of proof is greater in a criminal case than in a civil case. The defendant is considered innocent until his guilt is proven beyond reasonable doubt. In a criminal case the verdict of a jury must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

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

обнаружение преступного деяния

арестовать на месте преступления

арестовать на достаточном основании

ордер (на арест, обыск)

предварительное слушание

формальное обвинение

большое (малое) жюри присяжных

виновен или не виновен

обвинитель

защитник

бремя доказывания (доказательная норма)

перевес доказательств

вне всяких разумных сомнений

презумпция невиновности

 

4. 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) a 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 judge in a criminal jury trial is called a …

a) sentence

b) conviction

c) acquittal

5. The plaintiff’s burden of proof is …

a) a measure of evidence the plaintiff must present to win the case

b) the plaintiff’s version of what has happened in the case

c) arguments presented by the prosecuting and defending attorneys

 

WORD STUDY.

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

to commit defendant     charge complaint     to plead sentence

1) to perform (a wrongdoing) 2) to 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) to speak in a court as an advocate on behalf of either the plaintiff or the defendant 2) (guilty/not guilty), toadmit/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 commitcrimes has risen sharply in recent years.

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

3. He became depressed and made several attempts to commitsuicide – 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 complaintwhich states the injury and names the defendant.

7. The defendantwas found guilty and fined $200.

8. There were several chargesagainst him.

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

10. Hotel chargesare reasonable in this area.

11. The Attorney General is in chargeof the Department of Justice.

14. You should get a lawyer to pleadyour case in the court.

15. The man pleadedguilty and was sentenced to pay a fine of $1000.

16. The Counsel pleaded her insanity.

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

18. She has served her sentenceand will now be released.

19. The sentence of the court was three years’ imprisonment.

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

5.2 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) general standard of proof in civil cases d) to find sb not guilty in court e) written order giving official authority for sth (arrest, search) f) general standard of proof in criminal cases g) to set the punishment

1 warrant 2 preponderance of evidence 3 verdict 4 beyond reasonable doubt 5 to acquit 6 to sentence 7 burden of proof

5.3 Match these words as they occur in the text.

1 aggrieved 2 probable 3 preliminary 4 sufficient 5 grand 6 issuance 7 pleads 8 verdict 9 plaintiff’s 10 preponderance 11 beyond 12 presumption

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

5.4 Fill in the synonyms from the list.

not guilty; to free; on sufficient grounds; apprehension; accused; acquittal; verdict of guilty; punishment; to charge with;

arrest to accuse of defendant

for probable cause innocent verdict of not guilty

penalty conviction to release

5.5 Fill in the correct preposition from the list.

for, of, on, with, in, over, by, before, throughout, up, against, beyond

accused … a crime; a person suspected … committing that act; … the presence … a police officer; … the spot; … probable cause; depending … the jurisdiction; this is done … a filing … the grand jury … an indictment or … a filing … the prosecuting attorney … an information; the defendant appears … the trial judge; is similar … that … a civil case; … like fashion; the jury should presume the defendant's innocence … the entire trial; a verdict … guilty; … behalf … the state; it is … to the plaintiff to prove the case … the defendant; … order to win; … reasonable doubt.

 

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

VERB	NOUN
1 to arrest 2 to apprehend 3 to … 4 to suspect 5 to … 6 to charge 7 to … 8 to defend 9 to presume 10 to … 11 to acquit 12 to sentence 13to release 14 to … 15 to …	1 … 2 … 3 plea, pleadings 4 … 5 accusation 6 … 7 indictment 8 … 9 … 10 conviction 11 … 12 … 13 … 14 proof 15 issuance

5.7 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

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

a) Read the following information.

Many of the words belong to groups of two or more which are close in meaning and therefore difficult to differentiate, especially when they are translated into Russian by the same word.

The words below can all be translated as обвинение and therefore tend to be confused and misused by Russian students. 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 following 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.

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.

READING FOR DETAIL.

7.1 Read the text carefully to answer the following questions.

1. What is a criminal case?

2. What is the first stage in a criminal case?

3. In what situations can a person suspected of committing a crime be arrested without a warrant?

4. What does ‘preliminary hearing’ mean?

5. Who makes a formal accusation?

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

7. What are the two ways to issue a formal complaint?

8. What is the difference between a grand jury and a petty jury?

9. What happens at an arraignment?

10. What are the similarities and differences between the trial stage of a criminal case and that of a civil case?

11. What party has the burden of proof?

13. What does ‘the plaintiff’s burden of proof’ mean?

14. How does the burden of proof differ in civil and criminal cases?

15. Why is the burden of proof greater in a criminal case than in a civil case?

16. What does ‘presumption of innocence’ mean?

 

7.2 Correct the following statements.

1. A criminal case involves a dispute between the victim of a crime and a person accused of committing the crime.

2. Whether a formal accusation is made or not depends on how well the prosecutor has done his work.

3. The only difference between a grand jury and a petty jury is in the number of jurors.

4. At an arraignment the judge tries to force the defendant to plead guilty to avoid time and money consuming trial.

5. Unlike civil cases, in criminal actions the plaintiff initiates and the defendant concludes each part of a trial.

6. In a criminal case, it is up to the defendant to prove that he is not guilty.

 

SPEAKING.

8.1 Explain the meaning and state the difference.

− plaintiff (civ. and crim.)

− defendant (civ. and crim.)

− Counsel for the Defense and Counsel for the Prosecution

− complaint (civ. and crim.)

− indictment and information

− petty jury and grand jury

− direct and cross examination

8.2 Describe the stages of a criminal case.

DEVELOPMENT.

9.1 More law terms. Match the descriptions of different forms of evidence (B) to their English (A) and Russian (C) equivalents.

A	B	C
1 hearsay 2 physical exhibit 3 expert evidence 4 circumstantial evidence 5 testimony 6 evidence	- any form of proof presented at a trial - evidence based on the facts that strongly suggest sth but do not have direct proof - any statement made by a witness under oath in a court - evidence based on what a witness has heard someone else say rather than what the witness has personally experienced - testimony given by those qualified to speak with authority regarding scientific, technical or professional matters - paper, document or other physical object received by the court as evidence during a trial	a) доказательства b) вещественные доказательства c) косвенные улики d) показания свидетелей e) показания специалистов f) показания, основанные на слухах

 

9.2 Check your knowledge. Use the words in the box to fill in the gaps in the sentences.

cross-examination plaintiff pleaded acquit litigant preponderance

verdict complaint Counsel for the Defense presumption suit random

unanimous testimony presumed overrule damages accusation

evidence oath criminal counterclaim burden of proof rule

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

2. The verdict of a jury doesn’t need to be … in civil cases.

3. The job of a juror is to hear the … and to decide on the …

4. One who is engaged in a lawsuit is called a …

5. Process by which a lawyer questions a witness called to testify by the other side is …

6. Formal charge of having committed a criminal offence is an …

7. The attorney who represents the defendant is a …

8. … is any statement made by a witness under … in legal proceedings.

9. The party bringing the suit is called a …

10. The lawsuit is started by filing a paper called a …

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

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

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

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

15. Claim presented by a defendant in opposition to that of a plaintiff is called a …

16. Most often in civil cases the party bringing the … is asking for money …

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

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

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

20. A jury consists of twelve people who are ordinary people chosen at … from voter lists.

9.3 Read the following extract to answer the questions:

1. What does the criminal justice system mean?

2. What is the meaning of the phrase ‘due process of law’?

THE CRIMINAL JUSTICE SYSTEM

The criminal justice system sets the rules that the police, the district attorney (or other prosecutor), and the courts must obey before you are even arrested until the time when the sentence is carried out. At the heart of the whole system of American criminal justice are the Fifth and the Fourteenth amendments to the Constitution, which mandate that no one should be deprived “of life, liberty, or property, without due process of law”. Due process means that before you can be fined, imprisoned, executed, or otherwise punished for a crime, the government must respect your constitutional rights – specifically, the right not to incriminate yourself; freedom from unlawful searches; the right to hire an attorney or have one appointed for you free of charge if you can’t afford one; the right to confront and cross-examine your accusers; and the right to have your case heard before a fair and impartial jury. When you are denied any of these or other constitutional rights, you are deprived of due process of law. And your conviction cannot stand.

 

9.4 Match the following constitutional provisions on the left to their Russian equivalents on the right.

No person shall be deprived of life, liberty and property without due process of law;   the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; no warrant shall issue, but upon probable cause;     the accused shall be informed of the nature and cause of the accusation;     in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury;     the accused has the right for obtaining witnesses in his favor … and be confronted with witnesses against him;   no person shall be compelled in any criminal case to be a witness against himself;   the accused shall have the assistance of counsel for his defense;   excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

никто не должен принуждаться в уголовном деле быть свидетелем против себя;   при всяком уголовном преследовании обвиняемый имеет право на скорый и публичный суд беспристрастных присяжных; обвиняемый имеет право быть осведомленным о сущности и основаниях обвинения;   никто не может быть лишен жизни, свободы или собственности без надлежащей правовой процедуры;   не должны требоваться чрезмерные залоги или налагаться чрезмерные штрафы, либо назначаться жестокие или необычные наказания;   ни один ордер не должен выдаваться иначе как при наличии достаточного основания;   обвиняемый имеет право на помощь адвоката со своей стороны;   обвиняемый имеет право на вызов свидетелей со своей стороны … на очную ставку со свидетелями, показывающими против него;   право народа на охрану личности, жилища, бумаг и имущества от необоснованных арестов не должно нарушаться;

(Amendments IV-VI, VIII, XIV)

9.5 Read the following text.

“Let the body be brought …”

In the United States, Britain and many other English-speaking countries the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of the peace committed her to jail.

When she was finally brought to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. She had been put on a punishment diet of bread and water, forced to sleep on the bare earth, stripped, and given 50 lashes. Such treatment was barbaric even by the harsh standards of the time; what made it worse was that Mrs. Robinson was pregnant.

Public anger was so great that she was acquitted, the constable who had arrested her without a warrant was himself sent to prison, and the justice of the peace was seriously reprimanded. And the case along with other similar cases, led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British statute books, and a version of it is used in the United States, where the law was regarded as such an important guarantee of liberty that Article 1 of the Constitution declares that Habeas Corpus shall not be suspended except the cases of “rebellion or invasion”.

Habeas Corpus is part of the Latin phrase – Habeas Corpus ad subjiciendum – that means “Let the body be brought before the judge”. In effect a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the sovereign) to produce an imprisoned person in court at once.

 

a) Find in the text the words that correspond to the following definitions.

− a place of enforced confinement;

− the formal examination and determination by a competent tribunal of the matter at issue in a civil or criminal action;

− sanction; a document authorizing an officer to make an arrest, a search, etc;

− well-known, especially for a specified unfavorable quality;

− a public expression of anger or disapproval;

− a law passed by a legislative body and recorded;

− prison, penitentiary;

− entering the country with hostile purposes;

− to compel by physical, moral or intellectual means;

− to declare not guilty.

 

10. PRESENTATION. Describe the Procedure in Criminal Cases.

 

***********************************

JUST FOR FUN

A man who had been gravely injured by a fall into an open sewer engaged a lawyer to sue the city for $5, 000. After several appeals, they won the case and the city paid damages. The lawyer then sent for his client and handed him a dollar bill explaining, “That’s your damages, after deducting my fee, all costs and expenses.” The man looked the bill over very carefully, then asked, “What’s wrong with this dollar – is it counterfeit? ”

“I shall give you ten days or $20, ” said the judge.

“I’ll take $20, Judge, ” said the accused.

Lawyer: “Now that we have won, will you tell me confidentially if you stole the money? ”

Client: “Well, after hearing you talk in court yesterday, I’m beginning to think I didn’t.”

“Are you sure, ” demanded the counsel, “that the accused is the man who stole your car? ”

“Well, ” answered the witness, “I was until you cross-examined me. Now I am not sure whether I ever had a car at all.”

− Have you ever appeared as a witness before?

− Yes, Your Honor.

− In what suit?

− In my blue tweed.

The difference between an ordinary suit and a lawsuit, is that the former gets cleaned and pressed, while the latter is pressed and it is the litigant that gets cleaned.

A judge in the Trenton, New Jersey, police court asked the accused the usual question, “How do you plead? Guilty or not guilty? ”

“Not guilty.”

“Ever been in court before? ”

“No, Judge. This is the first time I ever stole anything.”

Down near the Texas-Arkansas boundary line, a man charged with stealing an automobile and killing a man during a holdup, was caught and brought before the judge.

“We have two kinds of law in this court, mister, - Texas law and Arkansas law. Which’ll you have? ”

The accused took the counsel with himself. “I’ll take Arkansas law.”

“Then, ” said the judge, “I discharge you for stealing the car and sentence you to death for killing the man.”

“Just a minute, Judge, ” protested the accused. “A while ago I was too hasty. If you don’t mind, I’d like to switch to Texas Law.”

“It’s your constitutional right, ” said the judge. “So under the Texas law I discharge you for killing the man, but sentence you to death for stealing the auto.”

Visitor: Why are you here, my poor man?

Prisoner: I’m a victim of that unlucky 13, lady.

Visitor: Indeed! How is that?

Prisoner: Twelve jurors and one judge.

Visitor (at a jail): Poor man! What are you locked up here for?

Prisoner: I suppose they think I’d get out if I wasn’t.

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 Honor, ” 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 defense! ”

“Did you know anything about this case? ” the juror was asked at his VOIRE DIRE.

“No.”

“Have you heard anything about it? ”

“No.”

“Have you read anything about it? ”

“No, I can’t read.”

“Have you formed any opinion about the case? ”

“What case? ”

“Accepted.”

The following are questions actually asked of witnesses by attorneys during trial and, in certain cases, the responses given by insightful witnesses:

Q: Now doctor, isn’t that true that when a person dies in his sleep, he doesn’t know about it until the next morning?

 

Q: The youngest son, the twenty-year-old, how old is he?

 

Q: Was it you or your younger brother who was killed in the war?

Q: Did he kill you?

 

Q: How far apart were the vehicles at the time of the collision?

Q: You were there until the time you left, is that true?

Q: How many times have you committed suicide?

 

Q: So the date of conception (of a baby) was August 8^th?

A: Yes.

Q: And what were you doing at that time?

Q: She had three children, right?

A: Yes.

Q: How many were boys?

A: None.

Q: Were there any girls?

 

Q: You say the stairs went down to the basement?

A: Yes.

Q: And these stairs, did they go up also?

 

Q: Can you describe the individual?

A: He was about medium height and had a beard.

Q: Was this a male, or a female?

 

Q: Doctor, how many autopsies have you performed on dead people?

A: All my autopsies are performed on dead people.

 

Q: All your responses must be oral, OK? What school did you go?

A: Oral.

 

Q: Do you remember the time when you examined the body?

A: The autopsy started around 8: 30 p.m.

Q: And Mr. Dennington was dead at that time?

A: No, he was sitting on the table wondering why I was doing an autopsy.

 

Q: What is your date of birth?

A: July fifteen.

Q: What year?

A: Every year.

 

Q: What was the first thing your husband said to you when he woke that morning?

A: He said, “Where am I Cathy? ”

Q: And why did that upset you?

A: My name is Susan.

Q: Doctor, before you performed the autopsy, did you check for a pulse?
A: No.

Q: Did you check for blood pressure?

A: No

Q: Did you check for breathing?

A: No.

Q: So, then it is possible that the patient was alive when you began the autopsy?

A: No.

Q: How can you be so sure, doctor?

A: Because his brain was sitting on my desk in a jar.

Q: But could the patient have still been alive nevertheless?

A: It is possible that he could have been alive and practicing law somewhere.

UNIT VII

POLITICAL PARTIES

 

“No thoughtful man has been able to see any other difference between the two great parties … than that the one was in and wished to stay there and the other was out and didn’t wish to stay there.”

 

1. BEFORE READING. Discuss the following questions.

1. What meanings of the word ‘party’ do you know?

2. What is a ‘political party’?

3. Why do people form political parties?

4. What is a majority party?

5. What is the party in opposition called?

6. Can the United States President belong to a minority party? Why?

7. What is the situation today?

8. Read the epigraph to this Unit and give your interpretation of it.

2.FIRST READING OF THE TEXT. Skim the text.

There is one more very important part of the American political scene which is not part of any formal written document: the political party system.

Political parties are organized groups of people who share a set of ideas about how a country should be governed and who work together to have members of their group elected in order to influence the governing of the country. When members of a political party form a majority in Congress, they have great powers to decide what kinds of laws will be passed. With exceptions, presidents tend to appoint members of their party or supporters of the views of their party to executive branch positions, including those of Secretaries (heads of federal executive departments) within the presidential Cabinet. When in the minority, the chief function of a party is to exercise control over the party in office.

The writers of the United States Constitution feared that parties representing narrow interests rather than the general interests of all the people could take over the government. They hoped the government would be run by qualified people who did not have a second loyalty – loyalty to a party. They believed their government would work well without parties. Despite this, parties began to form shortly after the Constitution came into effect; parties proved to be an effective way within a system of checks and balances for people with similar views to band together to achieve national goals.

Today, the United States has two major political parties. One is the Democratic Party(its symbol isdonkey), the other is the Republican Party(its symbol is elephant). The parties did not choose their party emblems. The cartoonist Thomas Nast invented the Republican elephant and the Democratic donkey in the early 1870s, and they soon became fixed types.

Most Americans today consider the Democratic Party the more liberal party. By that they mean that Democrats believe the federal government and the state governments should be active in providing social and economic programs for those who need them, such as the poor, the unemployed or students who need money to go to college.

Republicans are not necessarily opposed to such programs. They believe, however, that many social programs are too costly to the taxpayers and that when taxes are raised to pay for such programs, everyone is hurt. They place more emphasis on private enterprise and often accuse Democrats of making the government too expensive and of creating too many laws that harm individual initiative. For that reason, Americans tend to think of the Republican Party as more conservative.

Both major parties have supporters among a wide variety of Americans and embrace a wide range of political viewpoints. There is so much variety within each party that not all members of Congress or other elected officials who belong to the same party agree with each other on everything. There are conservative Democrats who tend to agree with many Republican ideas and liberal Republicans who often agree with Democratic ideas. These differences often show up in the way members of Congress vote on certain laws. Very frequently, there are both Democrats and Republicans who do not vote the way their party leaders suggest. They put their own views or the views of the people they represent ahead of the views of their party leaders.

Americans do not have to join a political party in order to vote or to be a candidate for a public office. However, running for office without the money and campaign workers a party can provide is difficult. Many voters become members of a party because they feel strongly about the party goals or want a voice in selecting its candidates. Whether or not they belong to a party, voters may cast ballots for any candidate they wish. Everyone votes in secret, and no one can know how another votes or force another person to vote for any particular program or candidate.

There are other, smaller parties in the United States besides the two major parties. None of these smaller parties has enough popular support to win a presidential election, but some are very strong in certain cities and states and can have their own state or city candidates elected or can determine which major party wins by supporting one or the other.

 

3. READING FOR SPECIFIC INFORMATION. Scan the text to find the following information:

1. The definition of a political party.

2. The names of the two major political parties in the United States.

3. The symbols of the two major political parties.

 

4. READING FOR GENERAL UNDERSTANDING. Read the text again and decide if the following statements are TRUE or FALSE. Correct the false ones.

1. The existence, authority and limitations of political parties in the United States are provided by the Constitution.

2. In the US there is a bipartisan political system.

3. Most Americans believe the Democratic Party is more conservative today than the Republican Party.

4. There is greater difference between the groups of conservatives and liberals within the same party than there is between the two parties.

5. To be a candidate for a public office a person has to join a political party.

6. A non-partisan candidate can easily win a presidential election.

7. A member of a party is bound to vote for his party’s candidate.

8. Smaller parties have much influence in local communities and may determine which major party wins.

 

WORD STUDY.

5.1 Match these words as they occur in the text.

1share a set of 2have members of their group 3the governing of the 4 supporters of their 5 take over the 6 loyalty to a 7to band 8 to achieve national 9 providing social and economic 10 too costly to the 11place more emphasis on 12 harm individual 13 running for 14 campaign 15a voice in selecting 16 cast

a) government b) together c) programs d) taxpayers e) office f) country g) workers h) candidates i) votes j) ideas k) elected l) views m) goals o) initiative p) private enterprise q) party

 

5.2 Fill in the synonyms from the list.

to vote; business; to make sb do sth; to have the right to express an opinion; opinions; to come into force; expensive; aims/targets; sympathize with; being a candidate; to unite in a group; faithfulness;

views loyalty to come into effect to band together

goals costly enterprise running for office

to feel strongly about sth to have a voice in sth to cast ballots to force sb to do sth

5.3 Fill in the correct preposition from the list.

in, into, on, for, about, of, to; with;

a set of ideas … how a country should be governed; … order to influence the governing of the country; a majority … Congress; shortly after the Constitution came … effect; should be active … providing social and economic programs; Republicans are not necessarily opposed … such programs; they place more emphasis … private enterprise; they accuse Democrats … making the government too costly; … that reason; who belong … the same party; agree … each other … everything; vote … certain laws; running … office; a voice … selecting candidates; everyone votes … secret;

 

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

1. What is a political party?

2. What is the main function of a political party?

3. In what ways can the party in office influence the governing of the country?

4. What is the chief function of the party in the minority?

5. Why didn’t the Founding Fathers give any mention of political parties in the Constitution?

6. What does a bipartisan system mean?

7. How did the party symbols appear?

8. Why is the Democratic Party considered more liberal by most Americans?

9. Why do Americans think of the Republican Party as more conservative?

10. Is there a stronger political rivalry between the two parties or between different groups within each of them?

11. What are the reasons that many people join political parties?

12. Does a bipartisan system mean that there are only two parties in the United States?

13. What is the role of smaller parties in governing the country?

 

SPEAKING.

7.1 Take turns to describe the following aspects of the United States political party system:

− party goals

− majority and minority party

− the Democratic Party

− the Republican Party

− political rivalry

− political participation

− other parties

 

7.2 Read the following extract and discuss it in class.

“We live in what is called democracy, rule by the majority of the people. A fine ideal if it could be made to work. The people elect, but the party machines nominate, and the party machines, to be effective, must spend a great deal of money. Somebody has to give it to them, and that somebody, whether it be an individual, a financial group, a trade union or what have you, expects some consideration in return …”

(Raymond Chandler, “The Long Goodbye”)

 

8. PRESENTATION. Describe the US political party system.

************************************************

AMERICAN HUMOR

“Father, what is a traitor in politics? ”

“A traitor is a man who leaves our party and goes to another one.”

“Well, then what is a man who leaves his party and comes over to yours? ”

“A convert, my son.”

Citizen: “Is it too late for me to register to vote? ”

Registrar: “What party? ”

“I’ve often wondered why there are two political parties in this country, ” remarked a plain citizen, puzzled. “I suppose it is because there are two sides to every political question.”

“Oh, no, that’s not it, ” said the experienced man, smiling. “It’s because there are two sides to every political office – inside and outside.”

“Now, gentlemen, ” said the professor to his English class, “can any of you give me a clear definition of a politician? ”

“I can, sir, ” volunteered the son of a Congressman, “if you just tell me to which party you refer.”

A member of the loosing party was grumbling to one of the opposing side.

“Your mayor simply stole that last election, ” he accused.

“He did no such thing, ” defended the other.

“But everyone knows he did, ” insisted the first.

“Well, it’s a lie, ” was the indignant response. “He paid spot cash for it.”

There are only two political groups – the appointed and the disappointed.

BIBLIOGRAPHY

Alison Riley English for Law / Alison Riley. Macmillan Professional English, 1998.

Geoffrey Rivlin Understanding the Law / Geoffrey Rivlin. Oxford University Press, 2004.

Hornby AS Oxford Advanced Learner’s Dictionary of Current English / AS Hornby. Oxford University Press, Oxford, 1982.

J. Keith Melville The American Democratic System / J.Keith Melville. Dodd, Mead and Company Inc., 1994.

Virginia Evans Round-Up’ English Grammar Book / Virginia Evans. Pearson Education Limited, 2003.

Зражевская, Т. А. Another Book for advanced students / Т. А. Зражевская. М., Международные отношения, 1976.

Слепович, В. С. Translation Course / В. С. Слепович. Минск, ТетраСистемс, 2003.

Хорень, Р. В. Английский язык. Лексико-грамматические тесты. / Р. В. Хорень. Минск, Вышэйшая школа, 2004.

CONTENTS (Содержание)

PREFACE (Предисловие).............................................................................. 3

UNIT IOrigins of American Democracy........................................................... 4

UNIT IIAmerican Constitutional Principles..................................................... 14

UNIT IIIThe Living Constitution...............................

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