Цивільне судочинство в країнах

In the USA a civil case begins when the plaintiff, files a complaint in a court. The complaint must contain: l) a short and plain statement of the claim 2) a demand for kind of relief. The relief" might be payment of a special amount of money. When the complaint is filed, the summons is issued to the defendant. The parties to any lawsuit can challenge each other’s pleadings by means a “motions”. The whole proceeding questions and answers is often transcribed into a typewritten form. In The UK civil law is concerned mostly with the disputes between individuals or corporate bodies. Action is taken by the aggrieved party. Most claims are initiated by the use of a claim form. The court may give summary judgment against the claimant if it appears that his claim has no reasonable prospect of succeeding. Civil Justice in England and Wales is administrated mainly by the County courts and the High Court. All cases concerning goods, property are subject to Civil Procedure Rules. Cases must be prove on the balance of probability. A large number of tribunals exist most dealing with cases that involve the rights of private citizens against decisions of the state in areas such as social security, mental health and employment.

Судовий розгляд – судові слухання

The main steps in a trial include: selection of a jury, opening statements by the body, presentation of witnesses and evidence, close statements by the attorney, instruction by the judge to the jury and deliberation by the jury. A trial is a contest between the opponents, where each party presents evidence and argument. The judge’s function is to control the contests as a neutral referee. The jury’s function is to decide questions of fact. In most civil cases the winner is the party whose position is supported by the preponderance of the evidence. In criminal cases, the state must prove the defendant’s guilt beyond a reasonable doubt. The Constitution establishes and safeguards the right to a trial by jury. In civil proceedings, at least one of the parties must request a jury and be prepared to pay a fee. So the protection of constitutional rights is largely achieved through the teamwork of judge and jury. The first step it the selection of the trial jury is the choosing of a jury panel. This process of choosing jurors is called Voir Dire, the phrase meaning “to speak the truth”.

Кримінальний процес в країнах

There are four common ways to begin a criminal case: the filing of a complaint by the private citizen, the return of an indictment by a grand jury, a proper arrest without a warant and the issuance of a summons or citation. A criminal case can begin when a person goes to court and files a complaint. A criminal case can begin with an indictment. Under certain circumstances a person can be arrested without a warrant, for example for any misdeminour committed in officers presence. A crime in the UK is defined as an offence against th laws of the state. A private individual can also initiate criminal proceeding but this is rarely done. Today the Crown Prosecute Service read the papers and decide whether or not there is enough evidence against the person and if it is in the public interest to bring the defendant to court. Criminal proceedings can be initiating by serving. When people are charged with minor offences they are not arrested but summoned to appear in court and plead to charges against them. In more serious cases a warrant of arrest, is issued by a Magistrte's Court and executed by police officers. Once proceedings are initiate defendant comes before the court.