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TOPIC 20: KINDS OF CASES
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
corporations, government, agencies, civil case, criminal case, defendant, judge, jury, evidence, to prove the case, clerk of court, complaint.
Kinds of Cases
There is civil and criminal division of cases. Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, party bringing the suit is asking for money damages for some wrong that has been done. For example, 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.
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. 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 true than not true.
A criminal case is brought by the state or by a city or county against a person 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 his 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.
New words:
- suit — тяжба, судебное дело;
- to bring a suit — предъявить иск;
- to be injured — пострадать от чего-либо;
- to sue a person — преследовать человека в судебном порядке;
- plaintiff — истец;
- extent — степень, мера;
- burden of proof — бремя доказывания;
- preponderance of evidence — веские доказательства;
- charge — обвинение;
- to prove the case — доказать свою правоту;
- beyond any doubt — вне всяких сомнений.
Questions to the text:
1. What division of cases do you know?
2. What do we mean by civil cases?
3. What do we call the party bringing the suit?
4. What do we call the party being sued?
5. What do we call the document with which the plaintiff starts the lawsuit?
6. What can you say about the answer?
7. What is the burden of proof and why is it so important?
8. What do we mean by criminal cases?
9. What do we call the charge against the defendant?
10. What is the role of plaintiff in criminal cases?
Exercise 2. Translate the following sentences into Russian:
1. One who is engaged in a lawsuit is called a party.
2. The party bringing the suit is called a plaintiff.
3. Defendant is a person charged with a crime or a person or entity against whom a civil action is brought.
4. Complaint is a formal written charge that a person has committed a criminal offence.
5. The defendant disputes what the plaintiff has said in the paper called answer.
6. Preponderance of evidence means that the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
7. An officer of the court whose principal duty is to maintain court records and preserve evidence presented during a trial is called a clerk of the court.
8. Any form of proof legally presented at a trial through witnesses, records, documents is called evidence.
9. Most often in civil cases the party bringing the suit is asking for money damages.
10. The plaintiff’s burden of proof is greater in a criminal case than in a civil case.
Exercise 3. Fill in the gaps with the words given below and translate the text into Russian:
arguments, lawyer, other, picture, duty, summarize, verdict, fair, objection, evidence.