Слова по теме at the trial

criminal procedure	уголовный процесс
investigation	следствие, расследование
to accuse of a crime	обвинять в преступлении
the law of procedure	процессуальное право
criminal code	уголовный кодекс
the Bill of Rights	Билль о Правах
to search	обыскивать
to seizure	конфисковать
penalty	наказание
jail / prison	тюрьма
to be brought to trial	предстать перед судом
indictment	обвинительный акт
grand jury	большое жюри (24 человека)
rule	правило
state prosecution	государственное обвинение, прокуратура
to testify	давать показания
to deprive of life	лишить жизни
liberty	свобода
put in jeopardy	предавать суду
due process of law	должный правовой процесс
counsel	адвокат
bail	залог
the counsel for the prosecution	прокурор
the counsel for the defence	адвокат
to question a witness	допрашивать свидетеля
to be cross-examined	быть подвергнутым перекрестному допросу
to be subjected to cross-examination	быть подвергнутым перекрестному допросу
hearsay evidence	показания с чужих слов
leading questions	наводящие вопросы
examination	допрос
to bring a verdict	выносить вердикт
guilty or not guilty	виновен или невиновен
to pass / to impose a sentence	выносить приговор
prisoner	заключенный
habitual criminal	рецидивист
to discharge	снимать обвинения, оправдывать
to acquit	оправдывать

Вопросы для контроля и самоконтроля at the trial

1. What regulates investigation and trial of persons accused of crime?

2. What does the Bill of Rights of the U.S. Constitution provide to the accused of crime?

3. What does the Bill of Rights of the U.S. Constitution prohibit?

4. What do the counsels for the prosecution and for the defence do during the trial?

5. Why is hearsay evidence not allowed?

6. Why does a judge object to leading questions?

7. What is the jury’s task at the trial?

8. What verdict must the jury bring?

9. What happens if the verdict of the jury is “guilty”?

10. What happens if the verdict of the jury is “not guilty”?

Civil law

1. Civil law is related to private rights and remedies, which are sought by civil actions as contrasted with criminal proceedings. Civil cases are usually disputes between private citizens, corporations, government agencies and other organizations which arise either from intentional breaches of contract or torts. For example, the dispute may have to do with property rights or suits for damage resulting from traffic accidents.

2. Contracts are formal written agreements between two or more people to fulfill some actions. Contracts enforce duties that have been set out in parties’ agreements and if one party fails to fulfill their duties under the agreement it is breach of contract. Torts are the break of duty of any member of society to refrain from behaviour that may cause harm to other individual, his property or reputation, such as fraud, libel, invasion of privacy, infringement of patent, trespass, false imprisonment, nuisance, defamation or deprivation of civil rights or some negligent actions.

3. Two individuals are involved in every civil suit: a plaintiff and a defendant. These individuals are called “parties”. The plaintiff is a person who files the complaint, in which he claims that the defendant is responsible for his damage. A plaintiff ought to show that a duty of care existed between himself and the defendant at the time of the tort; that this duty of care has been breached; and that damage or injury has been suffered because of this. Most often the plaintiff is asking for damages or other relief for some wrong that has been done.

4. The party who is sued (the defendant) disputes what the plaintiff has said in the complaint. In some cases he must show that he is not responsible for the injuries. In other civil suits the defendant must prove that it was the plaintiff’s negligence that caused the injuries. The successful plaintiff obtains a sum of money called “damages” to repair the hurt – a translation of injury into money when there is a tort, or disappointed expectations when there is a breach of contract. In some situations a specific performance may be ordered instead of money, for example, when it is a breach of contract to sell some real estate.