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Файл:Reading Comprehension in Law. Учебник
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3) …
The discovery process involves the exchange of relevant information between the
parties. Litigation attorneys employ a variety of discovery devices to gain information
relevant to the lawsuit. These devices include interrogatories, depositions, requests for
production and requests for admission. Litigation attorneys may also examine physical
evidence and inspect the scene of the accident as well as collect, process and analyze
information gathered during e-discovery. Litigation attorneys also draft and argue
discovery-related motions including motions to compel, protective orders and summary
judgment motions. The discovery process helps litigators gain relevant information,
identify issues and formulate a case strategy.
4) ….
In the weeks before trial, litigation attorneys wrap up discovery and prepare for
trial. In the pre-trial stage, litigators consult with and advise clients; retain expert
witnesses; attend pre-trial conferences and develop a trial strategy based on the facts and
evidence. Litigation attorneys also conduct pre-trial depositions of experts and key
witnesses; prepare demonstrative to be used as trial exhibits; and draft and argue pretrial motions.
5) …
The majority of all lawsuits filed in civil court are settled prior to trial. In cases
that proceed to trial, litigation attorneys are busy around the clock presenting their case
before the judge or preparing for the next day in court. In the trial stage of litigation,
litigators collaborate with experts and clients to craft a trial theme, identify strengths and
weaknesses in a case; develop persuasive arguments; prepare witnesses for testimony
and draft and argue trial motions.
At trial, litigation attorneys conduct voir dire, select a jury and present their case
in court. Litigation attorneys present opening and closing statements, examine and crossexamine witnesses and craft a persuasive story for the fact-finder (judge or jury) through
testimony and evidence. Litigation attorneys also prepare jury instructions and conduct
post-trial interviews of the jury.
6) …
Most cases never reach trial but instead are settled in order to eliminate the risk
and expense of trial. Litigation attorneys may settle a case at any time during the life
cycle of the litigation. At settlement, litigators engage in negotiations with opposing
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parties; participate in mediations and settlement conferences with the parties and the
judge; and create settlement brochures, agreements, releases and other settlement
materials.
7) …
If the litigation attorney does not obtain a favorable outcome at trial, he or she
may appeal the case. Litigators draft post-trial motions; identify and preserve issues for
appeal; develop appellate strategies; gather evidence for the appellate record; research
procedural issues; draft appellate documents; and present oral arguments before
appellate courts. If the case is particularly significant or complex, litigators may retain
the assistance of attorneys who specialize in appellate practice.
Exercise 14
Answer the questions using the information from the Unit:
1. What are the main stages of a legal case?
2. What is the purpose of a pre-trial stage?
3. What key discovery-related devices can be employed by attorney?
4. What are two methods of obtaining information about the facts surrounding the
case?
Exercise 15
Find the correct terms from the text for these definitions:
1. Using this you can ask the court to order either the opposing party or a third
party to take some action.
2. It is given by one party in a trial requesting the presiding judge order the
removal of all or part of the opposing party's pleading to the court. This motion is also
used to request elimination of all or part of a trial witness's testimony.
3. This document asks the judge to throw out one or more claims or an entire
lawsuit. Sometimes, the plaintiff or a prosecutor makes this motion because a case has
been settled out of court. Sometimes, the defendant files this motion claiming that the
plaintiff or prosecutor has committed some procedural error that prevents the court from
hearing the case.
4. A legal document filed in connection with litigation which asks the opposing
party to provide documents or other physical objects.
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5. A legal document filed in connection with litigation which asks the opposing
party to affirm or deny the truth of a statement.
6. A written question required by law to be answered under the direction of a
court. It is widely used as a discovery device in civil procedure and also have limited use
in criminal proceedings. It may be objected to and does not have to be answered if the
court determines that it is excessive or burdensome.
7. Discovery process done through an electronic media.
8. Statement by a party to a lawsuit of what the party will attempt to prove.
9. In a legal proceeding, the person or persons given the task of weighing all
evidence presented and determining the facts of the case in light of that evidence; the
jury, or where there is no jury, the judge.
Exercise 16
Find synonyms for these words in the text: persuasive, motion, outcome of a
lawsuit, lead to, conduct, employ.
Exercise 17
Match up the verbs in the left-hand column with the nouns in the right-hand
column to make common verb-noun collocations found in the text above.
Gain
trial motions
Conduct
a client
Gather
a case before court
Take
investigation
Argue
relevant information
Collaborate with
a case strategy
Eliminate
the assistance of experts
Present
evidence
Formulate
a case before court
Retain
the risk and expense of a trial
Draft
witness statements
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Reading 3
Interesting cases
1. Study this case paying attention to the words and expressions in bold.
Forcible entry
Part 1
In the Supreme Court, sitting as a Court of Civil Appeals, before Justices Gavriel
Bach, Mishael Cheshin and Ya'acov Kedmi in the matter of Beit Haknesset Ramat
Gan, appellant, versus Sahar Insurance Company Ltd., respondent (A.L.A.3/12/94):
1. Under the Ramat Gan Synagogue's insurance policy with Sahar, compensation
for theft or attempted theft was payable if the premises were entered on the
conditions, inter alia, that the entry or leaving was "forcible and there were signs or
force".
2. Thieves entered the building by climbing over one of the walls and going
through an unlocked window. On the outside of the wall, under the window, were signs
of mud.
3. The synagogue claimed compensation in the Tel Aviv Magistrates Court, but
the claim was dismissed. The court held that there was no proof that the window was
locked or closed, and even if the climbing over the wall could be regarded as "force", it
was no part of the actual entry. It also held that the mud on the wall was not assign of
the use of force.
4. An appeal to District Court also failed, the majority accepting the
magistrate's findings. However, the minority judge held that the object of the policy's
requirements was that the entry should be unlawful. The use of force, she held, was
proved, as distinguished for example, from entering with a key. The synagogue then
appealed to the Supreme Court.
5. JUSTICE BACH, delivering the first judgment, said two questions arose: was
the climbing over the wall "force" within the meaning of the policy, and wrer the signs
of mud sufficient support for a finding that force was used. Both uquestions, he stressed,
had to be answered positively.
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Exercise 18
Match the words with the definitions below.
Court of Civil Appeals, justice, inter alia, in the matter of, marks, thieves,
to claim, magistrates’ court, dismiss, holds/held, findings, requirements,
distinguished, sufficient, support
A. To demand for money damages or for enforcement of a right. If such demand
is not honored there may be a lawsuit.
B. Court where criminal proceedings are commenced before justices of the
peace who examine the evidence/statements and either deal with the case themselves or
commit to the Crown Court for trial or sentence.
C. Signs.
D. The ruling (decision) by a judge the plaintiff's lawsuit is thrown out of court.
This judgment may be made before, during or at the end of a trial, when the judge
becomes convinced that the plaintiff has not and cannot prove his/her/its case.
E. Conclusion, decision.
F. Judge in the Supreme Court.
G. Enough.
H. Conditions, demands.
I. Regarding, in regard to.
J. Proof, evidence, aid.
K. A civil, not criminal court where people appeal the decisions of a lower cour.
L. See as different.
M. Decided by the court.
N. Latin: "among other things", "for example" or "including". Legal drafters
(writers) would use it to precede a list of examples or samples covered by a more
general descriptive statement.
O. person who steals another person's property.
Exercise 19
Find the terms in the text for the following definitions:
1. Trial court having jurisdiction over legal cases in a particular legal district.
2. Damages.
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3. Verdict, sentence of a court.
4. The person being sued or defended in an appeal case.
5. Building, property, site.
6. Against.
7. The lesser number.
8. The party bringing the action to court.
9. Plead, request, petition for a new trial or judgment.
10. Greater part or number.
Exercise 20
Make a report on famous litigation attorneys and interesting cases they handled.
Exercise 21
Use the information and language of this unit, your own background knowledge
on the subject to write an essay answering the question: “What makes an outstanding
civil litigator?”.
Exercise 22
Reading 4
Personal injury law
Read the text paying attention to the words in bold and answer the questions
below the text.
Personal injury law refers to the legal structure that handles cases in which a
person has been physically or psychologically injured through the actions or negligence
of another person or entity. These cases usually fall under civil, rather than criminal,
jurisdiction. Personal injury law statutes can be very comprehensive but may vary
regionally.
Most of the time, personal injury law handles injuries that have been brought
about through negligence, either by an individual or organization. These cases tend to
assert that the injury would not have occurred if the responsible person had been duly
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diligent. The exception to this type of lawsuit is defamation, which is often handled as
a personal injury law case even though many defamatory statements are issued
intentionally.
Automobile injury accidents are usually handled through personal injury law.
Auto injury accidents can include car collisions, collisions with other vehicles such as
bikes or motorcycles, and accidents that involve vehicles and pedestrians. In personal
injury law, usually only the medical and psychological costs are at stake; damage to
other vehicles is handled via property law.
Medical malpractice is a major area of personal injury law. Patients who believe
they were misdiagnosed, poorly treated, or injured as a result of bad technique or
negligence may sometimes sue doctors for malpractice under personal injury law
statutes. In order to prove malpractice, the prosecutor must show that the doctor acted
inappropriately, that the patient wouldn't have been injured without the wrongful
actions of the physician, and that there are clear damages, such as reconstructive surgery
or additional treatment, that can be awarded.
Slip and fall accidents may fall under the jurisdiction of personal injury law.
These occur when a person trips or suffers an injury on another person's property. To
prove fault, the prosecution in this case must show that the accident was caused by the
negligence of the owner to provide safe lighting, proper staircases, or other safety
measures that would have prevented the accident from occurring.
Defamation is the destruction or damage to reputation caused by the issuance of
false statements. This is a tricky area of law, as it may be difficult to prove that tangible
damage has been done through defamation. Statutes on these cases vary widely in
different regions and may be quite difficult to prove successfully.
1. What kinds of injuries are dealt with by personal injury law?
2. What accidents fall under the jurisdictions of personal injury law?
3. What wrongdoings can individuals and organizations be sued for under
personal injury law?
4. What do car accidents involve?
5. What is the most difficult area of personal injury law?
6. What causes injuries in most of the lawsuits handled under personal injury law?
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Exercise 23
Study the words in bold in the text and match some of the words with the
definitions given below:
1. Failure to give proper care to something especially to duty or responsibility
with the result that a person or property is harmed.
2. Showing care or effort in your work and effort.
3. To give an incorrect explanation of the nature of an illness.
4. Physical harm that is done to something that makes it less useful, valuable;
harmful effect on somebody.
5. Difficult to do or deal with.
6. Experience something unpleasant such as injuries.
7. Stop somebody from doing something.
8. Catch your foot on something and fall.
9. An accident when two vehicles crash into each other.
10. Take place.
11. Properly.
12. Deal with.
13. Cause.
14. Complete, full.
Exercise 24
Fill in these sentences with the adverbs from the text:
1…. — treated patients can sue doctors for malpractice.
2. The responsible person has to be … diligent to avoid negligence.
3. The injured party must show that the doctor acted … to prove malpractice.
4. The personal injury law considers cases where a person has been physically
or … injured.
5. In spite of the fact that defamatory statements are issued …, they fall under the
jurisdiction of personal injury law.
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Exercise 25
While the majority of personal injury claims are related to car accidents it
will be a good idea to check your knowledge on traffic rules answering these
questions.
Answer the questions paying attention to the words in bold:
1. (a) In the U К, what are road distances and speeds measured in?
(b) What is the equivalent of this in kilometers?
2. Only the driver and front seat passenger in a car are required by law to wear
seat belts. Is this true or false?
3. What must motorcycle drivers (and their passenger) always wear?
4. Unless indicated otherwise, what is the maximum speed:
(a) In built-up areas?
(b) motorways?
5. What does give way mean?
6. People in the U К drive on the right side of the road. Is this false or true?
7. (a) A man is driving a car and talking to someone on a hand-held mobile
phone. Is he breaking the law?
(b) A woman is driving a car and talking to someone on her mobile phone. She
is not holding the phone, but is speaking through a headpiece that is connected to the
phone. Is she breaking the law?
8. What telephone number should you call if you are involved in, or witness, a
serious road accident?
9. Are you committing an offence if you are driving a vehicle and are involved in
a hit-and-run?
10. If you are involved in an accident (even a minor one) with another vehicle,
what information should you get from the other drivers involved?
11. If you are involved in an accident, what is it advisable not to do?
12. Someone accuses you of tailgating. What is this?
13. You are at a junction and you are waiting to pull out onto a busy road. A
driver on this road lets you pull out in front of him / her. What should you do?
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14. You are driving along a narrow road that is just wide enough for one car.
Another car is coming towards you. He / she quickly flashes his headlights. Is he / she:
(a) Saying that he / she is claiming right of way, and you should stop and wait
for him / her to pass? Or
(b) Saying that he / she is stopping his / her car to let you have right of way?
15. When should you use your horn?
16. You are driving your car and arrive at a zebra crossin. A pedestrian is
waiting here to cross the road. Do you have to stop?
17. If you are a victim of crime, can you get compensation?
Exercise 26
Explain to a foreigner the traffic rules in your jurisdiction and the consequences of
their contravention. Make sure that you use the words in bold from the questions above.
Exercise 27
Road traffic accidents
Let’s hope that you'll never be involved in an accident, but if you have
conversation about one, these words and phrases will also be useful.
Study the words and collocations below:
1. Types of accidents:
a collision = when two vehicles drive into each other;
a mid-air collision = when two planes collide in the air;
a head-on collision = when two cars collide front to front;
a car crash = when there's a serious car accident — involving another car or
object, or not involving anything else;
a derailment = when a train comes off the rails;
a (multiple) pile-up = when more than one car crashes into another car,
especially on a busy road or motorway.
2. Describing an accident:
An accident occurred / happened between two cars travelling in the same /
opposite direction. One car was travelling at speed (at X miles per hour).
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