Section II Text Civil Cases

Pre-reading task: Find in the text above the English equivalents for the following words and expressions:

1. истец;

2. судебное разбирательство;

3. частные лица;

4. денежная компенсация ущерба;

5. наличие более веских доказательств;

6. письменные объяснения, возражения ответчика по делу;

7. ответчик;

8. встречный иск;

9. бремя доказывания;

10. ответственность за ущерб;

11. подать иск, возбудить дело.

Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit is asking for money damages for some wrong that has been done.

The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is, that the plaintiff’s version of what happened in the case is more probably true than not true.

Exercise 8

Match the following English expressions with their Russian equivalents:

evidence for the plaintiff	вызывать истца в суд
judgment for the plaintiff	выступать в суде в качестве адвоката истца
plaintiff’s claim	доказательства в пользу истца
to appear for the plaintiff	исковое требование
to call the plaintiff	свидетель, выставленный истцом
witness by the plaintiff	судебное решение в пользу истца

Exercise 9

a) The word DEFENDANT has the following meanings in Russian:

1. ответчик

civil defendant - ответчик

2. обвиняемый

bailed defendant – обвиняемый или подсудимый, освобожденный (из-под стражи) под залог

3. подсудимый

judgment for the defendant – судебное решение в пользу ответчика или подсудимого

4. подзащитный

representation of defendant – представительство интересов подзащитного или подсудимого

b) Match the following English expressions with their Russian equivalents:

convicted defendant	подсудимый, содержащийся под стражей
defendant in custody	осужденный
defendant’s record	досье подсудимого
defendant’s story	свидетель, выставленный ответчиком/подсудимым
defendant’s witness	версия, выдвинутая обвиняемым

c) Make your own sentences with the words combinations.

e.g. The defendant’s witness first took the oath, according to the customs of their religion and gave testimonial evidence.

Exercise 10

Answer the following questions:

1. What is a civil case?

2. Who is a plaintiff?

3. Who is a defendant?

4. What is a complaint?

5. What is an answer?

6. What is a counterclaim?

7. What is a burden of proof?

Exercise 11

Grammar focus 11. Second conditionals. Revision.

If + simple past, would + infinitive

e.g. If I were a court clerk, I would sit right below the judge, keep track of all documents and exhibits.

Say what you would do if you were a:

1. judge;

2. counsel for the prosecution;

3. counsel for the defence;

4. witness;

5. court clerk;

6. bailiff;

7. plaintiff;

8. defendant.

Exercise 12

Grammar focus 12. Third conditionals. Revision.

If + past perfect, would + perfect infinitive

e.g. If John had not needed money he wouldn’t have burgled a house.

Open the brackets and complete the sentences.

e.g. If he (kidnap) the baby, he (sentence) to life imprisonment.

If he had kidnapped the baby, he would have been sentenced to life imprisonment.

1. If he (not, steal) the money, he (bring) to the police station.

2. If they (not, become) violent, the warder (treat) them like that.

3. If he (care) for his community, he (not, arrest).

4. If she (leave) the window open, the thief (not, get in).

5. If the police officers (use) better equipment, they (catch) the gang.

6. If he (spend) less time in prison he (commit) further crimes.

Exercise 13

Speaking. Comparison and Contrast.

a) What are similarities and differences between criminal & civil procedures?

b) Compare the British court procedure with the Russian one.

Exercise 14

Writing. If you had the right to introduce reforms, how would you change Russian civil procedure? Write an essay (120-180 words) on this topic.

Exercise 15

Role play.

a) Study the article below and decide the following:

1. What are the names of the plaintiff and the defendant in the lawsuit?

2. What was the issue at the heart of the dispute?

3. What were the claims of both parties?

4. How did the Random House editor describe the manuscript?

5. How did Joan Collins' attorney build up the defence?

6. What was the verdict?