Text 2 The Layman and the Courts

Exercise 1. Match the English words with their Russian equivalents:

purpose litigation limits features stages hearing a case claims court impractical

- слушание дела - этапы - черты - ограничения - претензионный суд - непрактичный - тяжба, судебный спор, процесс - цель

Exercise 2. Look at the jumbled words in each line. Make questions out of them.

1. Why/litigation/can/often/impractical/be/for/people/?

2. purpose/is/of the small claims court/the/What/?

3. What/ the/are/jurisdictional limits/the /in/small claims court/?

4. the/What/are/special/features/of/the small claims courts/?

5. are/the stages/of/hearing a case/in/a/small claims court/What/?

Exercise 3. Read the text through and say if the sentences are true (T) or false (F):

1. In most cases litigation doesn’t involve a lot of money.

2. The purpose of the small claims court system is to provide a forum for criminal cases.

3. At the small claims courts there is only a nominal fee of 1 or 2 dollars.

4. To file a claim at a small claims court you should learn a lot of legal terms.

5. At the small claims courts at the start of the hearing witnesses are asked questions first.

The Layman and the Courts

At some time in his life, almost every individual is a victim of circumstances, which would justify his taking another person to court. In most cases, litigation is impractical because the cost of going to court will be more than the sum involved.

Most states recognize the frustrating problem presented by these situations. For many years they attempted to alleviate the problem through the justices of the peace system. In general, this system proved to be a failure because it was disorganized, and because untrained individuals often presided over the proceedings.

The small claims court provided an answer. The purpose of the small claims court system is to provide a friendly forum for the litigation of cases that have high personal importance but involve little money.

A qualified judge presides over most small claims court proceedings. All such courts have jurisdictional limits. For example, the limit in the District of Columbia is 750$. Instead of the usual court costs, there is only a nominal filing fee of one or two dollars.

The most economical aspect of the system is that a party doesn’t need to consult a lawyer. The form used to file a claim is simple. Knowledge of legal terms is unnecessary. The plaintiff – the person who starts the legal action – merely describes in his own words the basis of his claim against the defendant. If the individual requires assistance, the clerk of the court can provide it.

At the start of the hearing, the person who filed the suit, or plaintiff, tells his story to the judge. The judge and the defendant then ask questions of the plaintiff. Next, witnesses relate their stories. If the defendant believes he is not responsible for the claim, he tells his side of the story. The judge and the plaintiff can ask questions of the defendant and his witnesses. After the judge has listened to both sides of the story, he makes his determination based on substantial justice.

Thus, the small claims court allows the individual to have his day in court without costs, without the need of a lawyer (although in most states he may have one if he desires), and without becoming involved in the technical procedures that normally govern a legal proceeding.

Exercise 4. Pay attention to the words in bold in the text. Write them out and give Russian equivalents.

a victim - … circumstances - … a cost - … a sum - … a fee - … qualified//untrained - … the justices of the peace system - … the claims court - … a party/a side - … a plaintiff//a defendant - … legal terms - … legal assistance - … a hearing - … a witness - … a procedure - …

to take somebody to court - … to alleviate the problem - … to preside over the proceedings /the court - … to provide a forum for - … to have jurisdictional limits - … to consult a lawyer - … to file a claim against the defendant - … to file a suit - … to make one’s determination - .. to justify - … to require - … to involve - … to tell a story/to relate a story - …

Exercise 5. If your questions (from exercise 2) are ready, reread the text and get ready to answer the questions.

Exercise 6. Which of the following words have negative elements in their structure?

impractical (negative)

involve

disorganized

untrained

individuals

importance

unnecessary

recognize

in general

Exercise 7. Translate from Russian into English:

1. Такая система судов оказалась неудачной.

2. На судебном заседании ответчик может задавать вопросы истцу.

3. Выслушав обе стороны, судья выносит решение.

4. Чтобы составить иск в суде данной категории, нет необходимости консультироваться у юриста.

5. Слушание дела начинается в 9.00.

6. Человека, который подает иск, называют истцом.

7. Мне нужна квалифицированная юридическая помощь.