Do's and don'ts for jurors

During trial

1. DO arrive on time. The trial can not proceed until all jurors are present. Do return to the courtroom promptly after breaks and lunch.

2. DO pay close attention to witnesses. Concentrate both on what the witnesses say and on their manner while testifying. If you cannot hear what is being said, raise your hand and let the judge know.

3. DO keep an open mind all through the trial. DON'T form an opinion on the case until you and the other jurors have conducted your deliberations. Remember that if you make up your mind while listening to one witness's testimony, you may not be able to consider fully and fairly the testimony that comes later.

4. DO listen carefully to the instructions read by the judge immediately before the jury begins its deliberations. Remember that it is your duty to accept what the judge says about the law to be applied to the case you have heard. DON'T ignore the judge's instructions because you disagree about what the law is or ought to be.

5. DON'T talk about the case with anyone while the trial is going on, not even with other jurors. It is equally important that you do not allow other people to talk about the case in your presence, even a family member.

6. DON'T talk to the lawyers, parties, or witnesses about anything. These people are not permitted to talk to jurors and may appear to ignore you outside the courtroom. Remember that they are not trying to be rude: they are merely trying to avoid giving the impression that something unfair is going on.

7. DON'T try to discover evidence on your own. For example, never go to the scene of any event that is part of the case you are hearing. Remember that cases must be decided only on the basis of evidence admitted in court.

8. DON'T let yourself get any information about the case from newspapers, television, radio, or any other source. Remember that news reports do not always give accurate or complete information. Even if the news about the trial is accurate, it cannot substitute for your own impressions about the case. If you should accidentally hear outside information about the case during trial, tell the bailiff about it in private.

9. DON'T express your opinion about the case to other jurors until deliberations begin. A person who has expressed an opinion tends to pay attention only to evidence that supports it and to ignore evidence that points the other way.

During deliberations

1. DO consult with the other jurors before making up your mind about a verdict. Each juror must make up his or her own mind, but only after impartial group consideration of the evidence.

2. DO reason out differences of opinion between jurors by means of a complete and fair discussion of the evidence and of the judge's instructions. DON'T lose your temper, try to bully other jurors, or refuse to listen to the opinions of other jurors.

3. DO reconsider your views in the light of your deliberations, and change them if you have become convinced they are wrong. DON'T change your convictions about the importance or effect of evidence, however, just because other jurors disagree with you or so that the jury can decide on a verdict.

4. DON'T play cards, read, or engage in any other diversion.

5. DON'T mark or write on exhibits or otherwise change or injure them.

6. DON'T cast lots or otherwise arrive at your verdict by chance, or the verdict will be illegal.

7. DON'T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge you may discuss the verdict and the deliberations with anyone to whom you wish to speak. DON'T feel obligated to do so; no juror can be forced to talk without a court order. DO be careful about what you say to others. You should not say or write anything that you would not be willing to state under oath.

Exercise 5: Translate the following into English:

Присяжный заседатель не должен:

- отлучаться из зала судебного заседания во время слушания дела;

- общаться по делу с лицами, не входящими в состав суда, без разрешения председательствующего;

- собирать сведения по делу вне судебного заседания.

Text 3: KINDS OF CASES

As a juror, you may sit on a criminal case, a civil case, or both.

Civil Cases

Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. 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. 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. 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 probably true than not true.

Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

Criminal Cases

A criminal case is brought by the state or by a city or county against a person or persons 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 the defendant's 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.

In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.

Exercise 6: Find in the text above the English equivalents for the following words and expressions:

1. заявление об обвинении

2. элемент (состава) преступления

3. презумпция невиновности

4. показания

5. истец

6. судебное разбирательство

7. частные лица

8. денежная компенсация ущерба

9. единогласное решение присяжных

10. наличие более веских доказательств

11. письменные объяснения, возражения ответчика по делу

12. ответчик

13. встречный иск

14. бремя доказывания

15. ответственность за ущерб

16. подать иск / возбудить дело

17. заслушать показания

18. заявить о своей невиновности

Exercise 7: Translate the following definitions into Russian:

DEFENDANT — (crim.) person charged with a crime; (civ.) person or entity against whom a civil action is brought.

ACTION — proceeding taken in court synonymous to case, suit, lawsuit.

PREPONDERANCE OF EVIDENCE — the weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

PLAINTIFF — the party who begins an action, complains or sues.

COUNTERCLAIM — claim presented by a defendant in opposition to the claim of the plaintiff.

COMPLAINT — (crim.) formal written charge that a person has committed a criminal offence; (civ.) initial document filed by a plaintiff which starts the claim against the defendant.

Exercise 8: Match the following English expressions with their Russian equivalents:

evidence for the plaintiff judgement for the plaintiff plaintiff's claim to appear for the plaintiff to call the plaintiff witness by the plaintiff

a) вызывать истца в суд b) выступать в суде в качестве адвоката истца c) доказательства в пользу истца d) исковое требование e) свидетель, выставленный истцом f) судебное решение в пользу истца

Exercise 9: The word DEFENDANT has the following meanings in Russian:

1) ответчик

civil defendant — ответчик

2) обвиняемый

bailed defendant — обвиняемый или подсудимый, освобожденный (из-под стражи) под залог

3) подсудимый

judgment for the defendant — судебное решение в пользу ответчика или подсудимого

4) подзащитный

representation of defendant — представительство интересов подзащитного или подсудимого

Match the following English expressions with their Russian equivalents:

1) convicted defendant 2) defendant in custody 3) defendant's record 4) defendant's story 5) defendant's witness

a) подсудимый, содержащийся под стражей b) осужденный c) досье подсудимого d) свидетель, выставленный ответчиком / подсудимым e) версия, выдвинутая обвиняемым

Text 4: Joan Collins Has Starring Role in Lawsuit

Reuter and Associated Press NEW YORK

British actress Joan Collins made her debut Tuesday in a New York courtroom, battling publishing giant Random House over a multimillion-dollar book contract. Random House is suing Collins, demanding the return of a $1.2 million advance paid to her for manuscripts it claims were unfinished and unpublishable. Collins, best known for playing the scheming Alexis Carrington in the television series Dynasty, has countersued for $3.6 million she claims the publishing house still owes her.

Collins said she "felt completely shattered and let down" by the lawsuit. "It has seriously upset my writing career and my reputation," she said.

The dispute centered on a simple question: what is a completed manuscript?

Delivering the opening argument for Random House, attorney Robert Callagy said Collins had not met the terms of her contract and had to return the advance money. "Miss Collins should be treated like any other person," Callagy said. "If you sign the contract, you must perform."

Former Random House editor Joni Evans testified that in 1991, when she first read Collins' manuscript, she felt 'alarmed'. "It just wasn't working in any shape or form," said Evans, now a literary agent. "It was no good. It wasn't grounded in reality. It was dull, primitive and rough. It was cliched in plot."

Collins' attorney, Kenneth David Burrows, argued that the actress had submitted two complete manuscripts, A Ruling Passion, written in 1991 at her home in France, and a second manuscript with the working title Hell Hath No Fury. Thus she had turned in the required number of words and therefore had complied with the contract. He also said Random House should have provided her with editing and advice but instead it was trying to avoid meeting its obligations. He argued earlier that under the 1990 book deal she was guaranteed the money even if the publisher rejected the book.

Verdict. The jury decided that Collins had completed one manuscript in compliance with her contract. But Random House did not have to pay her for the second manuscript because it was merely a rehashing of the first one and not a separate piece of work. The verdict meant Collins could keep the advance and collect more from Random House, though how much more remained in dispute.