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Файл:Практический английский язык для юристов = Practical English for Law Students. В 2 частях. Ч. 2. Учебное пособие
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ant. A criminal case occurs when charges are brought against a person by
the government. During a courtroom trial, there are several people present
including the judge, lawyers, defendant, court reporter, and others. Knowing the roles of the judge and other key players in a trial helps in understanding how a court trial works (see Fig. 1.5).
Fig. 1.5. Courtroom Participants
Who Can Be Found in a Courtroom?
The Judge.
The judge is the person who presides over a trial from a desk called
a bench, which is normally on an elevated platform at the head of the courtroom. Because the judge is required to be an impartial evaluator in every
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case, he or she cannot give people advice about their cases. A judge has basic
tasks during a trial. First, they are responsible for maintaining order in the
court and presiding over all proceedings. Also, they are responsible for advising people what their rights in the matter are, and in criminal cases, what
the possible penalties are if the individual is found guilty. A judge must
also determine the legality of any evidence to be presented during the trial.
Besides, the judge is responsible for giving the jury instructions on laws
which apply to the case at hand as well as standards that must be maintained in deciding the case. The final task for judges is sentencing criminal
defendants after they have been convicted. During the trial process, the
judge rules on motions made by either party, makes important decisions
about witness testimony and evidence to be presented, and either makes
a final judgment on the case for which there is no jury, or instructs the jury
about how to apply the law to the case they have heard.
The Lawyers.
During a trial, there is a lawyer or lawyers for each party. The task of
each set of lawyers is to bring forth facts that paint their client in a positive
light and prove their innocence. A trial lawyer, in this framework, is the
one who is dedicated to defend one of the parties involved in a judicialtype process. This lawyer is in charge of analyzing the case to establish
a strategy, advise his client and defend or represent him. Due to his task,
the trial lawyer must have perfect knowledge of the doctrine, the laws and
the jurisprudence that apply to the defendant. It is essential that this professional, before the trial, carry out a detailed study of everything that allows him to defend his position before the court or the judge.
The Defendant.
In a civil case, the defendant is the person, corporation, or entity against
whom the plaintiff files their lawsuit. In a criminal case, the defendant is
the person, corporation, or entity against whom the government has filed
criminal charges. The person bringing the lawsuit against the defendant is
known as the ‘plaintiff.’ In civil cases, both the plaintiff and defendant appear in court, though arrests in civil suits are rare. A party in a civil trial may
be represented by council or may represent himself. In a civil trial, the
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plaintiff initiates the lawsuit and seeks a remedy from the court for private
civil wrongs allegedly committed by the defendant or defendants. If a civil
lawsuit is lost, the defendant is ordered to pay monetary damages to the
plaintiff, and may also be ordered to pay the plaintiff’s legal fees and costs.
In a criminal trial, the government is represented by an attorney, known as
the prosecutor, who seeks to prove the guilt of the defendant. In some
cases, the defendant can avoid appearing at court proceedings if he/she has
an attorney appear on his behalf.
The Witnesses.
For any investigation, the details of events provided by witnesses are
a critical element of the evidence gathered. Witness testimony is the verbal
account of events or knowledge of the facts relevant to the crime. Witness
statements will assist the investigator in forming reasonable grounds to lay
a charge and will assist the court in reaching a decision that the charge
against an accused person has been proved beyond a reasonable doubt. Any
party to the litigation may call witnesses to testify about the case. They gen-
erally provide more information about the facts at issue in the case. During
a trial witnesses testify about the disputed facts or issues in the case. The
witness must take an oath to tell the truth before they testify.
The Jury.
In criminal trials, there is usually a jury present. The jury consists of
people who have been questioned beforehand and deemed to be able to provide an objective view. A jury consists of twelve members and often a few
alternates in the case that any of the original jury members need to be dismissed. If a jury is present, they are then tasked with exploring the evidence presented during the trial even further to come up with a verdict.
31. Complete the following sentences by using information from
Text 1B.
1. Civil cases are considered for the purpose of ______. 2. Judges
play an important role in ______. 3. The ultimate task of a judge is ______.
4. Each lawyer’s mission is to provide ______. 5. In a trial the main parties
are _____. 6. In court proceedings, a defendant is a person or object _____.
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7. Witness testimony is the key element during the trial because ______.
8. The main task of a jury is ______.
32. Answer the following questions using Text 1B.
1. What is a trial? 2. What are the people involved in a court trial?
3. Why is it necessary to understand the role of each key figure at the trial?
4. Why is a judge considered an impartial evaluator in every case? 5. What
are the main functions of a judge? 6. What is the task of the lawyers during
the trail? 7. Who is a trial lawyer? 8. Do the defendants have the right to be
present or absent during civil and criminal trial? 9. What is the difference
between civil and criminal defendants? 10. What should the defendant do
if he lost the lawsuit in civil cases? 11. What is the role of witness testimony during the trial? 12. What are the jury duties? 13. What are the other key
figures in a courtroom?
Vocabulary drilling 2
33. Give Russian equivalents of the following words and word com-
binations. Recall how they were used in Text 1B.
To present evidence, to settle a claim or lawsuit, an impartial evaluator, to preside over all proceedings, a possible penalty, to determine the legality of any evidence, to convict the defendant, to make a final judgment,
to bring forth facts, to prove innocence, to file criminal charge, to initiate
the lawsuit, committed wrong, witness testimony, to testify about the case,
reasonable grounds, to appear in court on one’s behalf, to rule on motions,
to paint the client in a positive light, to come up with a verdict, to take an
oath, to explore the evidence, to question.
34. Give English equivalents of the following word combinations
from Text 1B. Write your own sentences with these word combinations.
Поддерживать порядок, признать виновным, принимать важные
решения, защищать одну из сторон, быть ответственным, защищать
свою позицию в суде, явиться в суд, возбуждать иск, исследовать до-
казательства, представлять объективную точку зрения, доказывать ви-
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ну, события, изложенные свидетелями, оказывать помощь следователю,
разумные основания, обвиняемый, принимать решение, допрашивать
свидетелей, распускать суд присяжных, вынести решение по делу.
35. Guess how we call the following people present in the court-
room. Match the terms with their definitions.
1.
A person who has a first-hand knowledge of the
event and gives evidence under oath in court is called
a.
the juror
2.
A person who acts for the state in prosecuting
criminals is called
b.
the judge
3.
A person who suffers from an offence is called
c.
the suspect
4.
A person who breaks laws is called
d.
the victim
5.
A person who conducts a trial and passes the
sentence is called
e.
the plaintiff
6.
A person who in cooperation with other person
is to decide the truth of the case tried before the
judge is called
f.
the public
prosecutor
7.
A person who is believed or suspected in committing
a crime and brought before the court is called
g.
the witness
8.
A person who brings a suit against another
person is called
h.
the accused
36*. Match the highlighted words and phrases in Text 1B with
the following definitions.
1. It is any lawsuit or other resort to the courts to determine a legal
question or matter. 2. This person is an official with the authority and responsibility to preside in a court, try lawsuits and make legal rulings. 3. This
is the absence of guilt. 4. They are a group of citizens called to hear a trial
of a criminal prosecution or a lawsuit, decide the factual questions of guilt
or innocence. 5. It is an action or suit at law or something that forms sufficient grounds for bringing an action. 6. The party which is sued in a civil
lawsuit or the party charged with a crime in a criminal prosecution. 7. He/
she is one of the participants in a lawsuit or other legal proceeding who has
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an interest in the outcome plaintiff. 8. This means a swearing to tell the
truth, the whole truth and nothing but the truth. 9. The party who initiates
a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages. 10. It is a careful search or examination in
order to discover facts of the case. 11. It means the payment for legal services. 12. This person is a public official, who institutes legal proceedings
against someone monetary damages — a remedy in the form of a monetary
award to be paid to a claimant as compensation for loss or injury. 13. It is
a punishment imposed for breaking a law, rule, or contract. 14. This is
a claim or dispute brought to a court of law for adjudication.
37*. Fill in the gaps with the words from the list: to determine, le-
gal, evidence, judge, legislative, courtroom, maintain order, proceedings,
presides, applied
The 1. ______ arm of government in any country enacts the laws of
the land. However, it is the courts that decide how those laws are to be
2. ______. Courtrooms have specific layouts that ensure all 3. ______ issues that need to be attended to by the courts are handled in the most effective and efficient way possible. At the front of the courtroom, there is
a raised position reserved specifically for the 4. ______. This raised position enables him to see the whole of the court and therefore, be in a better
position to control the court 5. ______. This also serves to show that the he
is the highest authority figure in the 6. ______. Being the highest authority
in the courtroom, he has many duties that he carries out. He or she 7. ______
over the trial and pre-trial court proceedings. This means that he has the responsibility to 8. ______ in the court. He has the duty 9. ______ whether
the presented 10. ______ is inadmissible or not. He is also useful during
jury trials where he instructs the jury on how the law should be applied to
particular cases.
Speaking 2
38. Discuss the following questions in the group during the round
table talk.
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1. Have you ever been to a court?
2. What are some important qualities for a good judge?
3. Do judges make law in the UK?
4. How do judges decide sentences in the UK?
5. Are judges above the law of UK?
6. Do you think judges ever make mistakes?
7. What do you think is the most important aspect of a fair trial?
8. How do you think your country’s justice system can be improved?
9. Can you give an example of a famous trial that you believed justice was served?
39. Read the dialogue and roleplay it in the group.
There are many different people involved in any court case, each
with their own role to play. Understanding these roles can help you make
sense of the court proceedings.
In the Courtroom.
Dialogue 1.
Court Clerk: Stephen Vole, you are charged with murdering Emily
French on the 14-th day of October. Now say you, Stephen Vole, are you
guilty or not guilty?
Vole: Not guilty.
Court Clerk: Members of the Jury! The prisoner stands indicted for
that he on the 14-th day of October murdered Emily French. To this in-
dictment he has pleaded ‘not guilty’, and it is your charge to say
1
, having
heard the evidence, whether he be guilty or not.
Judge: Members of the Jury, by the oath which you have just taken
you swore to try this case on the evidence. You must shut out from your
minds2 everything, except what will take place in this court. (To the prosecutor). You may proceed for the Prosecution, Mr. Myers.
Myers: (rising): May it please you, my Lord3. (To the jury): I appear
in this case for the Prosecution. And my learned friend Sir Wilfred Robert
appears for the Defence. The facts in this case are simple and to a point,
not in dispute4. You will hear how the prisoner made the acquaintance of
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Mrs Emily French, how he was treated by her with kindness. On the night
of October the 14-th last between 9:30 and 10:00 Mrs French was murdered. It is the case for the Prosecution that the murder was committed by
the prisoner Stephen Vole.
Vole: That’s not true! I didn’t do it!
Myers: Among the witness you will hear police evidence, also the
evidence of Mrs French’s housekeeper, and from the medical and laborato-
ry experts, and the evidence of the murdered woman’s solicitor. I will now
call Chief Inspector Hearne, Criminal Investigation Department of New
Scotland Yard.
Usher: Chief Inspector Hearne! Chief Inspector Hearne!
Hearne: From the body temperature and other factors, we placed the
time of death at between 9:30 and 10 p.m. Approximately thirty minutes
before the housekeeper returned home and called us. Death was instantaneous, caused by one blow from a heavy blunt instrument.
Myers: Were there any signs of struggle?
Hearne: No, just one blow.
Myers: After establishing the cause and the time of death, what did
you then do?
Hearne: A search was made. Photographs were taken and the premises were fingerprinted.
Myers: What fingerprints did you discover?
Hearne: I found the fingerprints of Mrs French, those of the house-
keeper and some of Leonard Vole.
Myers: What made you think a robbery had been committed? Was
any of the murdered woman’s property missing?
Hearne: No, sir. Nothing was missing.
Myers: Will you produce a jacket, Inspector? (a jacket found by the
police in Vole’s house and is offered as evidence).
Hearne: Yes, sir.
Myers: Where did you find it, Inspector?
Hearne: In the prisoner’s flat and I handed it to our lab to test for
bloodstains.
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Myers: And did you find any?
Hearne: Yes, though an attempt had been made to wash them out.
Myers: What tests did the laboratory make?
Hearne: First to determine if the stains were made by human blood,
then to classify it by group or type.
Myers: And what was the result?
Hearne: The blood on the jacket and the blood of the dead woman is
of the same type.
Myers: Thank you, Inspector. No further questions.
(After A. Christie)
Notes to the dialogue:
1. It is your charge to say… — Ваша обязанность сказать ...
2. You must shut out from your minds. — Вы не должны об этом
думать. (Вы должны выбросить это из головы.)
3. my Lord — Ваша честь (обращение)
4. not in dispute — не подлежит обсуждению
40. Playout the following cases related to justice according to the
scenarios. Present your results in the form of the dialogue (see exercise
39 as an example).
Role-play Scheme: Activities about Justice.
The Courtroom Drama:
• You can take on different roles in a courtroom setting to understand
the legal process and practice using appropriate vocabulary.
• You can play the roles of the judge, lawyers, jury members, and
witnesses.
• Create a scenario related to justice and provide a script or guide-
lines for each role.
• You can then engage in a role play where they question witnesses,
present arguments, and deliver verdicts.
Scenario 1: The Case of the Vanished Heirloom.
Background: During a lavish family reunion at an old, sprawling es-
tate, a precious heirloom — a diamond brooch passed down through gen-
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erations — goes missing. The family matriarch is distraught, and rumors
quickly spread among the guests.
Roles: Detective: Hired to discretely investigate the disappearance
without alarming the guests.
Suspect 1 — The Jealous Cousin: Known for their envy of the fami-
ly's wealth and particularly interested in the brooch.
Suspect 2 — The Forgetful Uncle: Last seen near the brooch's dis-
play case, notorious for his absent-mindedness.
Witness — The Loyal Butler: Claims to have seen a shadowy figure
lurking in the hallways.
Objective: Uncover the truth behind the brooch's disappearance, us-
ing clues and interrogating the suspects.
Scenario 2: The Mystery of the Locked Library.
Background: A renowned author is found unconscious in a locked
library, with the only copy of their unpublished manuscript missing. The
door was locked from the inside, and there are no clear signs of forced entry or struggle.
Roles: Detective: Tasked with solving the perplexing mystery of how
the manuscript was stolen and who would benefit from its theft.
Suspect 1 — The Rival Author: Known to have a contentious rela-
tionship with the victim and to covet their success.
Suspect 2 — The Ambitious Assistant: Has access to the library and
desperately wants to become an author.
Witness — The Housekeeper: Noticed unusual behavior in the house
leading up to the event.
Objective: Figure out how the manuscript was stolen and identify the
culprit among the suspects.
Scenario 3: The Art Gallery Intrigue.
Background: At the grand opening of a prestigious art gallery, a val-
uable painting disappears while the lights mysteriously go out for a brief
moment. Security cameras fail to capture the theft, leaving everyone
baffled.
Roles: Detective: Brought in to solve this case with minimal evidence.
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