Практический курс английского языка 4 курс Под редакцией В. Д. Аракина издание четвертое, переработанное и дополненное
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| Participants of the legal procedure: 1) parties to a lawsuit: claimant/plaintiff(in a civil case); defendant, offender (first/repeat); attorney for the plaintiff (in a civil case); prosecutor (criminal); attorney for defence; 2) jury, Grand jury, to serve on a jury, to swear the jury, to convene; 3) witness — a credible witness; 4) a probation officer; 5) bailiff. 5. Legal procedure: to file a complaint/a countercomplaint, to answer/challenge the complaint; to notify the defendant of the lawsuit; to issue smb a summons; to issue a warrant of arrest (a search warrant); to indict smb for felony; to bring lawsuit; to take legal actions; to bring the case to court; to bring criminal prosecution; to make an opening statement; the prosecution; the defence; to examine a witness — direct examination, cross-examination; to present evidence – (direct, circumstantial, relevant, material, incompetent, irrelevant, admissible, inadmissib, corroborative, irrefutable, presumptive, documentary); to register (to rule out, to sustain) an objection; circumstances (aggravating, circumstantial, extenuating); to detain a person, detention; to go before the court.
7. A court room: the judge's bench, the jury box; the dock, the witness’ stand/box; the public gallery. The US Court System1 The courts are the overseers of the law. They administer it, they resolve disputes under it, and they ensure that it is and remains equal to and impartial for everyone. In the United States each state is served by the separate court systems, state and federal. Both systems are organized into three basic levels of courts — trial courts, intermediate ____________ 1 For the US Court structure see Appendix (p. 271). courts of appeal and a high court, or Supreme Court. The state courts are concerned essentially with cases arising under state law, and the federal courts with cases arising under federal law. Trial courts bear the main burden in the administration of justice. Cases begin there and in most instances are finally resolved there. The trial courts in each state include: common pleas courts, which have general civil and criminal jurisdiction and smaller in importance municipal courts, county courts and mayors' courts. The common pleas court is the most important of the trial courts. It is the court of general jurisdiction — almost any civil or criminal case, serious or minor, may first be brought there. In criminal matters, the common pleas courts have exclusive jurisdiction over felonies (a felony is a serious crime for which the penalty is a penitentiary term or death). In civil matters it has exclusive jurisdiction in probate, domestic relations and juvenile matters. The probate division deals with wills and the administration of estates, adoptions, guardianships. It grants marriage licenses to perform marriages. The domestic division deals with divorce, alimony, child custody. The juvenile division has jurisdiction over delinquent, unruly or neglected children and over adults, who neglect, abuse or contribute to the delinquency of children. When a juvenile (any person under 18) is accused of an offence, whether serious, or minor, the juvenile division has exclusive jurisdiction over the case. The main job of courts of appeal is to review cases appealled from trial courts to determine if the law was correctly interpreted and applied. The supreme court of each state is primarily a court of appeal and the court of last resort. The federal court structure is similar to the structure of the state court system. The trial courts in the federal system are the United States district courts. The United States courts of appeal are intermediate courts of appeal between the district courts and the United States Supreme Court. The US Supreme Court is the highest court in the nation and the court of last resort. It consists of a chief justice and eight associate justices, all of whom are appointed for life by the President with the Advice and Consent of the Senate. The duty of the Supreme Court is to decide whether laws passed by Congress agree with the Constitution. The great legal issues facing the Supreme Court at present are Government involvement with religion, abortion and privacy rights, race and sex discrimination. 1. As you read the text a) look for the answers to these questions: 1. What is the dual court system existing in the USA? What three levels of courts does it consist of? 2. What is the jurisdiction of the trial court? Define the jurisdiction of the common pleas court. 3. What kind of civil matters are brought to common pleas courts? Elaborate on probate, domestic relation and juvenile matters. 4. Speak about the jurisdiction of state and federal courts of appeals and state supreme courts. 5. What is the duty of the US Supreme Court? b) Summarize the text in 3 paragraphs, specifying the following: 1) the dual system of the US courts; 2) trial courts — courts of general Jurisdiction; 3) the US Supreme Court — the court judging the most explosive issues in American life. 2. Study the following text, a) Extract the necessary information about law enforcement in the USA: A criminal case begins when a person goes to court and files a complaint that another person has committed an offence. This is followed by issuing either an arrest wanmt or a summons. A criminal case is started when an indictment is returned by a grand jury before anything else happens in the case. Indictments most often are felony accusations against persons, who have been arrested and referred to the rand jury. After an accused is indicted, he is brought into court and is told the nature of the charge against him find gjfcrtl tft can plead guilty, which is the admission that he committed crime and can be sentenced without a trial. He can plead guilty and be tried. As a general rule the parties to civil suits and defendant criminal cases are entitled to "trial by jury of 12 jurors. But a jury is not provided unless it is demanded in writing in advance of the trial; in this case a civil or a criminal case is judge alone, greater criminal cases are tried to a three-judge panel. In trial by the jury the attorneys for each party make their opening statements. The prosecution presents its evidence based on the criminal investigation of the case. The attorney for the defence pleads the case of the accused, examines his witnesses and cross-examines the witnesses for the prosecution. Both, the prosecution and the defence, try to convince the jury. When all the evidence is in, the attorneys make their closing arguments to the jury with the prosecutor going first. Both attorneys try to show the evidence in the most favourable light for their sides. But if one of them uses improper materiaHn his final argument the opponent may object, the objection may be ruled out by the judge who will instruct the jury to disregard what was said or may be sustained. After this the judge proceeds to instruct the jury on its duty and the jury retires to the jury room to consider the verdict. In civil cases at least three-fourths of the jurors must agree on the verdict. In a criminal case there must not be any reasonable doubt as to the guilt of the accused, the verdict must be unanimous. The next stage is for the judge to decide, in case of a verdict of guilty, what sentence to impose on the convict. b) Use the material of the text and the topical vocabulary in answering the following questions: 1. Who are the participants in the legal procedure? 2. In what way does a legal procedure start a) in civil cases, b) in criminal cases? 3. Describe the procedure of the trial in the American court of common pleas. 4. What kind of offences are known to you? Specify the felony and misdemeanor. 5. What penalties arid sentences are imposed in the US courts? 3. Do library research and a) speak about the structure of the Russian courts. The following terms might be useful: the electivity of the people's court; social lawfulness; city courts; regional courts; supreme courts; people's courts; hearing of cases in courts of law; people's judge; people's assessor; courts of first instance; legal assistance; presumption of innocence. b) Give brief information on Russian law enforcement. Consider the following: 1. the jurisdiction of the Russian court; 2. the legal procedure of the trial; 3. the joint trial by a judge and two people's assessors; 4. the basic principle of the legal procedure — "presumption of innocence". 4. Juvenile delinquency is an issue about which people all over the world are concerned. a) Read the extracts given below which present information on the gravity of the problem: a) Youth gangs have been a part of Los Angeles since the fifties. Back then their activities were largely confined to petty crimes and small-scale marijuana dealing. But lately the numbers of gangs have become staggering totalling from about 5,000 members lo 10,000. Almpst all the gangs are involved in the cocaine trade. "A typical gang might have 200 kids from 13 to 26 years of age," says Steven Strong, the L.A. Police department's detective. "Two weeks ago 30-year-old David Thompson and his wife were stopped by three armed teenagers, who rushed the couple, robbed them and then casually shot Thompson in the head. The gang members pushed the dying man's wife out of the car, got in and drove away." b) Every night — and in many areas day and night, thousands of police cars patrol the streets of American towns. The list of crimes starts with petty crimes, goes through house-breaking, shoplifting, mug0ng to be topped by homicide. Entire neighbourhoods are terrorized by mobsters and thugs, many of them are quite young. c) Just think about how teenagers run away from homes, their own, from caring as it seems mothers, fathers, grandmothers. Why do they choose to look and act aggressive and tough? Take rockers who startle passers-by by the flashing lights of their roaring night motorbikes. Why do they, with their high-school background, have such a lack of thoughtful-ness? Self-assertion? Then why at other people's expense? b) Pair work. Team up with another student, work out the reasons for Juvenile delinquency as they are presented to the extract and discuss the extracts in pairs. c) Speak about the social background of juvenile delinquency and its role in contributing to the crime rate. Consider the following: 1. Are juvenile offenders usually found among children from broken homes or large unhappy poor families? 2. Is being unemployed anlmportant enough reason to push somebody onto the path of crime? 3. What would you say about disillusionment, loss of faith in the surrounding grown-up world as a possible reason for juvenile delinquency? 4. Speak on the vital role of drug addiction and alcohol consumption in the growing crime rate in general and in juvenile delinquency in particular. 5. Below is an interview with a judge on crime and punishment. The judge says why he gives help in some cases and punishment in others. a) Work in groups of 3 or 4 and assign different opinions on the problem of the punishment to each member of the group: Interviewer. Are there ever times when you just feel desperate, you know, you realize there's absolutely nothing that can be done for this person? Judge: Oh, yes, very often. Interviewer. And what do you do in such cases? Judge: Well, it depends how anti-social their action has been. If a person needs help one wants to give it to him or her, but on the other hand you always have to consider at the same time: the effect on society in general of too much kindness to too many people. Interviewer. You mean if such a person were let free he might cause far more trouble to other people than he could cause to himself while he's inside prison. Judge: Yes, indeed. And also if people were never punished I think undoubtedly crime would increase. b) Spend a few minutes individually thinking of further arguments you will use to back up your own opinion on the usefulness and types of punishment. c) Now discuss the issue with other members of the small group using the arguments you have prepared. Do your best to support those who share a similar point of view and try to dissuade those who don't agree with you. (Use cliches of persuasion, agreement/disagreement). 6. In arguments involving suggestions, partial agreement and disagreement certain functional phrases of attack and response1 are used. The tactics of attack may be tentative or direct. a) As yoy read the extracts below pay attention to the difference between the two: — Isn't it just possible that new evidence will throw quite a different light on the case? - — Might it not be true that the boy didn’t mean any harm. (tentative)
(direct) — All of these things are racial slurs, aren't they? (direct) b) Complete each of the following conversations below by supplementing the appropriate tactics of attack of the first speaker: 1. … Possibly (may be so) I'd agree with you to a certain extent. 2. … I see your point. 3. ... That may well be. 4. … I see what you mean, but... c) As you read the text below note down the functional phrases of attack and response: Juror 1: It's a tough decision to make, isn't it? Don't you think that it's an awful responsibility to have the future of that lad in our hands? I feel so sorry for him, he's not yet 21. Juror 2: Come off it! You can't be serious! He didn't just take the money, he also beat up the old lady. He's guilty, it's written all over his face. It's our social duty to keep our streets safe at night. Juror 3: I agree with your last statement, but surely you admit the evidence for convicting this young man is rather flimsy? Wouldn't you say that we need something more definite? __________ 1 See Appendix (p. 289). Juror 2: Ideally that's quite true, but there weren't any other witnesses. As I see it he had the motive, he has no alibi and the old lady recognized him... Juror 1: Hang on a minute. I'd like to point out that she only thought she recognized him. Isn't it just possible that a scared old lady of 76 could have been mistaken ? Juror 2: Fair enough, but it's all we have to go on. All the fingers seem to point at him. Juror 3: That may well be, but strong suspicion isn't enough to put someone away in prison. If you ask me, even if he is guilty, the shock of arrest and coming to trial will be enough to stop him making the same mistake again. Juror 4: I see what you mean, but the punishment's not our problem. We're here only to decide whether he's guilty or not. And the point is he was carrying a knife when the police picked him up, wasn't he? |
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