Unit V. Kinds of Cases

Objectives:

1. To talk about criminal cases

2. To talk about civil cases

3. To talk about the difference between civil and criminal cases.

Warming up

Task I. Check if you know the following:

	Yes	No
1. The names of the participants in the civil action. The names of the participants in the criminal action. The documents you must file to start a civil action. The steps that the plaintiff would need to follow in order to sue someone. The stages of the civil trial. The purpose of civil trial. The purpose of criminal trial.

Vocabulary notes

Civil cases – To bring the suit – To sue – To be sued – Plaintiff – Defendant(civil) – To start the lawsuit – A complaint(civil) – The answer – To commit a wrong – A counterclaim – To file a complaint – Burden of proof – Preponderance of evidence – A claim for compensation – To bring a criminal action – Prosecution – Defendant (crim.) – Information – To plead guilty – To plead not guilty – To prove the guilt of the criminal– Beyond reasonable doubt – To be found guilty – Presumption of innocence –

гражданские дела подать иск преследовать по суду отвечать в суде истец ответчик возбудить дело исковое заявление возражение ответчика по делу причинить вред встречный иск подать иск бремя доказывания наличие более веских доказательств иск о возмещении убытков возбудить уголовное дело обвинение подсудимый заявление об обвинении признать себя виновным признать себя невиновным доказать вину преступника при отсутствии малейших сомнений признать кого-либо виновным презумпция невиновности

Reading

Task I. Read the following text. Mind the dictinction between civil and criminal cases.

Kinds of Cases

There are two kinds of cases: criminal cases and civil cases.

Civil cases

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. For example, a tenant may sue a landlord for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay the rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

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 called 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. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. 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, to prove, that the plaintiff’s version of what happened in the case is more probably true than not true.

Criminal cases

A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and the jury should presume the defendant’s innocence throughout the entire trial unless the plaintiff proves the defendant guilty.

The defendant’s burden of proof is greater in a criminal case than in a civil case. In each criminal case the judge tells the jury all the elements of the crime that the plaintiff must prove. The plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty [3].

Task I. Study the following definitions of legal terms.

Action Answer Burden of proof Complaint (crim.) Complaint (civil) Counterclaim Defense attorney Direct examination Defendant (crim.) Defendant (civil) Impeachment of a witness Information Plaintiff Plea Preponderance of evidence Prosecution Prosecuting attorney Beyond reasonable doubt Suit Witness Damages

Proceeding taken in a court of law. A formal answer to a complaint, in which the defendant admits or denies what is said in the complaint. Measure of proof required to prove a fact. Obligation of a party to prove facts at issue in the trial of a case. Formal written charge that a person has committed a criminal offence. Initial document entered by the plaintiff which states the claim against the defendant. Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff. Attorney who represents the defendant. Process by which a lawyer questions a witness called to testify by his side in the case. Person charged with a crime. Person or entity against whom a civil action is brought. An attack on the credibility of a witness by the testimony of other witnesses. An accusation for some criminal offence which is presented by a competent public officer. The party who begins an action, the party who complains or sues in an action. A defendant’s official statement of “guilty” or “not guilty” to charge(s) made against him. The general standard to proof in civil cases. The weight of evidence presented by one side is more convincing than the evidence presented by the opposing side. Act of pursuing a lawsuit or criminal trial; the party that initiates a criminal case. The public officer who presents the interests of the state in criminal trials. An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a “reasonable doubt”. Any court proceeding in which an individual seeks a decision. Person who testifies under oath before a court regarding what was seen, heard or otherwise observed. Compensation recovered in the courts by a person who has suffered loss or injury to his person or property or rights.

Task II. Match the words on the left with their Russian equivalents on the right.

Action Answer Burden of proof Complaint (crim.) Complaint (civil) Counterclaim Direct examination Defendant (crim.) Defendant (civil) Impeachment of a witness Information Plaintiff Preponderance of evidence Prosecution Beyond reasonable doubt Suit Damages

бремя доказывания встречный иск возражение ответчика по делу исковое заявление обвинение в совершении преступления иск; судебное дело; судебный процесс допрос свидетеля выставившей стороной; первоначальный допрос заявление об обвинении подсудимый ответчик дискредитация свидетеля ответчик при отсутствии малейшего основания для сомнения убытки, ущерб обвинение перевес доказательств иск; преследование по суду;

Task III. Make up word-combinations translating the components in brackets.

1. To file (иск, возражения по иску, встречный иск, заявление об обвинении).

2. Defendant (признать виновным, признать невиновным, обвинение против подсудимого, невиновность подсудимого, версия подсудимого, допрашивать, осудить, приговорить к тюремному заключению).

3. Plaintiff (бремя доказывания истца, версия истца).

Task IV. Choose the proper alternative to complete the sentence.

1. The party bringing the suit in a civil action is called __________.

a complaint a plaintiff

a defendant a witness

2. The party being sued in a criminal action is called ____________.

a complaint a plaintiff

a defendant a witness

3. The party being sued in a civil action is called _____________.

a complaint a plaintiff

a defendant a witness

4. ________cases are usually disputes between or among private persons or organisations.

juvenile appeal

criminal civil

5. A ____________case is brought by and in the name of the government.

juvenile appeal

criminal civil

6. A paper filed by a plaintiff who starts the civil action against the defendant is called ___________.

a complaint a counterclaim

the answer the information

7. ___________ is a paper filed by a defendant in which he disputes the complaint.

   a complaint a counterclaim

   the answer the information

8. A claim presented by a defendant in opposition to the claim of the plaintiff is called ____________.

a complaint a counterclaim

the answer the information

9. The charge against the defendant in a criminal case is called __________.

a complaint a counterclaim

the answer the information

10. ___________is an obligation of the plaintiff to prove the case.

evidence plea

burden of proof cross-examination

Task V. Complete the following sentences using the words in the box.

1. The defendant disputes what the __________has said in the paper called the complaint.

2. The party bringing _______________ is called a plaintiff.

3. The lawsuit is started by filing a paper called a _______________.

4. The defendant’s innocence is presumed unless he is proved ___________.

5. A criminal __________ is brought by the state or the city against a person or persons accused of having committed a crime.

6. If the defendant has pleaded not guilty, the prosecution must prove his guilt to overcome the ____________.

7. Most often in civil cases the party bringing the suit is asking for money _____________.

8. The plaintiff’s ________is greater in a criminal case than in a civil case

9. Claim presented by a defendant in opposition to that of a plaintiff is called ___________.

counterclaim burden of proof case

damages presumption of innocence plaintiff

the suit complaint guilty