Test 6 (Variant b)

1. Read the text

KINDS OF CASES

There are two kinds of cases which are heard in courts of law: criminal cases and civil ones.

Civil cases are usually disputes between or among private citizens, corporations, government agencies and other organisations. Most often the party bringing the suit is asking for money damages for some wrong that has been done.

The party bringing the suit is called the PLAINTIFF; the party being sued is called the DEFENDANT. There may be many plaintiffs or many defendants in the same case.

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. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a COUNTERCLAIM will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. The extend to which the plaintiff must prove the case is called the plaintiff’s BURDEN OF PROOF. In most civil cases the plaintiff’s burden of proof is a PREPONDERANCE OF EVIDENCE, it means that the plaintiff’s version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. If there are twelve jurors the agreement of ten of them is necessary; five must agree if there are six jurors.

A criminal case is brought by the state or by a city against a person or persons accused of having committed a crime. The state or city 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 is not guilty throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff’s burden of proof is greater in criminal cases than in civil cases; the plaintiff must prove each element of the crime BEYOND REASONABLE DOUBT.

In criminal cases the verdict of the jury must be unanimous in order to overcome the presumption of innocence.

2. Answer the questions to the text:

1. What is “money damage”? 2. What does a complaint contain? 3. What does the defendant do if he thinks that there is harm done by the plaintiff? 4. In what cases the burden of proof is greater? Prove it.

3. Analyse the underlined in the text phenomena.

4. Insert the required articles:

1. ... experience is ... name everyone gives to ... his mistakes. (O. Wilde) 2. Revenge is ... inhuman word. (Seneca) 3. ... laws grind ... poor, ... rich men rule ... law. (O. Goldsmith) 4. ... sauna is .... best way to relax after ... stressful day. 5. They used ... Hague branch of ... Barclays Bank for legalising ... money made on ... drugs.

5. Insert the required prepositions:

1. We have to work out an adequate solution ... the problem. 2. Sorry, but you can’t see Mr Boyd; he is ... business. 3. I’m not at all satisfied ... this something which you call ‘an excellent presentation’. 4. With the age he is getting more and more suspicious ... his children’s intentions. 5. Mr Berringer is responsible ... this kind of cases. 6. We’ll need more time; it’s holidays season, so we are short ... staff. 7. How can you dare to accuse me ... carelessness?. 8. I think I have to congratulate Mr Lane ... his success ... the exhibition.

6. Insert the required pronouns:

1. The question is absolutely clear; there is ... to talk about. 2. We still have ... bottlenecks in the plan. 3. You will have to correct your mistake .... . 4. Yes, officer, I definitely saw ... at the front door, but I can’t say whether it was a man or a woman. 5. We have very ... time to find the proofs of his guilt. 6. Mr Pirs and Mr Ving are experts in different fields. I’m afraid in this case I’ll need the help of ....

7. Put the verbs in brackets into correct tense forms:

1. Mr Holtz (to negotiate) a very important item with his partners now. 2. Last month the firm (to lose) 1.5 mln. USD on oil transaction. 3. She (to receive) cheques every week. 4. They (to have) an old-fashioned office downtown. 5. After we (to contact) her three times she (to show up) last week. 6. The payment order (not/to sign) yet, because Mr Miser (to have) some misgivings about the legality of the transaction. 7. Thomas says he (to work) on the dissertation for 8 months, but there (to be) still plenty of work to be done. 8. I’m afraid we (not/can) to assist you in the negotiations next week. 9. They (to leave) the country three days before the crime (to commit), so they (to have) an alibi. 10. I (to complete) the draft of the business plan long ago, if you (to inform) me about the results of the market studies. 11. We (to collect) the evidence for three weeks already, but the procurator (not/to issue) a search warrant. 12. Mr Fawler (to talk) over the phone when I (to enter) his office. 13. I think I (to have) time for it next week. 14. The complaint (to prepare) by 11 a.m. tomorrow. 15. We (to study) your proposals after you (to submit) them in writing next Monday. 16. She said she (to work) overtime the next Friday if she (not/to cope) with the task in regular office hours. 17. Sorry, we (to be) out tomorrow morning, we (to visit) our solicitor. 18. The application form (to fill in) and (to send) already, so we (to expect) to receive a positive answer in two weeks.