Unit 20

Topic for Discussion: Parties in court

Grammar: Grammar Tenses Revision

Ex.1 Read the following words and learn them.

To bring the action подавати позов

To sue подати позов, позивати (сь)

A plaintiff позивач

A defendant відповідач

To appeal a case оскаржувати справу

An appellant позивач за апеляцією

An appelles відповідач за апеляцією

A proceeding судове засідання (тут: протокол)

To resort to вдаватись до

Ex.2 Read and translate the following text in writing:

Parties in court

The party who brings the action, who sues the other, is usually called the plaintiff. The party against whom the action is brought, who is sued, is the defendant. Where a case is appe­aled, the party appealing is called the appellant, and the party against whom the appeal is taken, the appelles.

The name of the case is usually formed from the name of the plaintiff and defendant with the word "against" or more often the Latin word versus (v), between them. Thus "A. v. B." means the suit brought by A. against В., the case of A. against B.

In criminal cases, where the action is in the name of the government, the State, the People, the Commonwealth, or in England the King or the Queen is named as the plaintiff. When there are more than one plaintiff or defendant, the names of all are some­times given, as "A. v. B. and C."; but more often the name of only one followed by the words "and another", "and others" (et al., et als = et alius, et alii) . Thus we should usually write "A. V. B. et al." Where the unnamed party is the wife of the party named, the words "and wife" (et ux. = et uxor) are frequently used instead of "et al."

Sometimes, especially in the older reports the name of the plaintiff alone gives the title to the case, as "A's Case", "B's Case".

In some peculiar forms of proceedings, particularly in bank­ruptcy, the case is named after the principal character, the bank­rupt for instance, in the following way: "The matter of A.", "In the matter of A."

Sometimes other ways of naming are resorted to.

Ex.3 Read the text once more and give the Ukrainian equivalents for the given below words and word-combinations:

to bring the action; plaintiff; appellant; criminal case; bankruptcy; to be named after; principal character; to sue some­body; to appeal a case.

Ex.4 Look through the text again and find the English equivalents for the following words and word-combinations.Read the sentences with the given words aloud:

Відповідач, позивати, суд, кримінальна справа, від імені уряду, позивач, оскаржувати справу.

Ex.5 Answer the following questions:

1. What is the name of the party who brings the action?

2. How is the party against whom the action is brought called?

3. What do we call the party appealing?

4. What do you call the party against whom the appeal is taken?

5. How is the name of the case usually formed?

6. Are there cases where the name of a plaintiff alone gives the title to the case?

Ex. 6 Open the brackets using the verbs in corresponding tense form:

1. They already (to announce) the results of our tests? – Yes, they (to do) it some minutes ago. – What mark you (to get)?

2. What (to be) wrong?- I see you (to be) in a bad mood? – I (to translate) this article since morning, but (not to finish) it yet.

3. Where they (to be)?- Last week they (to leave) for Paris. If I (to receive) any news , I (to let) you know.

4. You (to know) him well?- I (to know) him since childhood. He always (to be) a very honest man.

5. what he (to do) in the garden some minutes ago? – He (to find) a little bird. He (to think) it (to fall) out of the nest.

6. Yesterday on my way home I (to meet) my daughter. She (to tell) that (to wait) for me for 2 hours. She (to lose) her key.

7. He always (to dream0 to become an actor. He (to dream) about it since childhood.

8. I (to be) very tired, when I (to come) home yesterday. When I (to begin) to warm my dinner, my friend (to phone) me.We (to speak) only for 5 minutes, but when I (to enter) the kitchen, I (to see) that I (to burn) it.

9. After they (to spend) their holidays together, she (to understand) that her friend (not to be) such a nice person as she (to think).

10. You (to take) your children to the zoo next Sunday?-Yes, they never (to be) in the zoo before. I (to hope) they (to like) it.