Courtroom setup and personnel
As most people have seen at least one trial on TV, it is easy to visualize the setup of a courtroom устройство залы суда. On one side of the room there is a jury box скамья присяжных were jurors sit throughout the trial. Close to the jury there is a witness stand свидетельская трибуна where the witnesses are when they testify дают показания. On the other side of the witness stand is the Judge’s bench судейское место with the Judge sitting high above everyone else. Facing the Judge’s bench and witness stand are the tables where the prosecutor обвинитель and defence attorney защитник sit during the trial. In between the prosecutor and defence tables is a podium where the lawyers stand at when they address the court and the jury. The defendant обвиняемый sits next to his defence attorney.
In addition to the lawyers and the judge, three other people play an important role in the trial. The court reporter протоколист суда puts down every word that is spoken during the trial. The clerk судебный секретарь keeps track of all documents and physical exhibits вещественные доказательства and notes down important events in the trial. The bailiff судебный пристав helps to keep order during the trial.
Civil cases
A CASE судебное разбирательство is any proceeding, action or lawsuit initiated through the court system by filing a COMPLAINT иск.
Civil cases are disputes between or among private citizens частные лица, corporations, and other organizations.
The party bringing the suit подать иск /возбудить дело usually asks for money damages денежная компенсация ущерба. For example, a landlord арендодатель may sue a tenant арендатор for not paying the rent. People who have been injured sue подают в суд на a person or a company that they think is responsible for the injury.
The party bringing the suit is called the PLAINTIFF истец. In Great Britain since 1999, the official term is the CLAIMANT.
The party being sued против которой подается иск is called the DEFENDANT ответчик.
The plaintiff starts the lawsuit by filing a paper called a COMPLAINT, in which the case against the defendant is stated.
The next filed paper is usually the ANSWER письменные объяснения, возражения ответчика по делу, in which the defendant disputes what the plaintiff has said in the complaint.
The defendant may also feel that there was a wrong правонарушение; деликт; вред committed by the plaintiff, in which case a COUNTERCLAIM встречный иск will be filed along with the answer.
It is up to the plaintiff это обязанность истца to prove the case доказать версию по делу against the defendant. In each civil case the judge informs the jury about the plaintiff’s burden of proof бремя доказывания - the extent степень to which the plaintiff must prove the case. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence наличие более веских доказательств, 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 единогласное решение присяжных in civil cases.