Text 3b

I. Read and translate the text using the words and word combinations after it: who gives the judgment?

After the verdict of a jury has been returned, the judge, in accordance with the verdict, pronounces (or gives) a judgment. The judgment is the final result of the trial. In a criminal action the judgment is the sentencing of the defendant to jail or prison, or it is the imposition of other punishment, such as a fine.

In a civil action, the judgment will normally be for a sum of money if the plaintiff wins. If the defendant wins, the judgment will merely be «judgment for the defendant.» The loser is sometimes required to pay the court of the trial, but ordinarily each party pays his or her own attorney’s fees. As a consequence, even the winning defendant may incur losses in money, as well as in time and energy.

Generally a judgment of a lower court is not final in regard to the rights of the parties. Either of the parties may have the case reviewed for errors by a higher court. As was explained earlier, issues of law are decided by the judge. If either party believes the judge did not rule properly on any such issue, an appeal against the judgment (appeal claiming error) may be made to a higher court.

When an appeal is taken, the higher court may find that an important error was made during the trial in the lower court. Examples of errors would include incorrect instructions to the jury, admission of evidence that should have been admitted. In such an event, the court may modify or reverse the judgment of the lower court or order a new trial. If there is no error in the record, the reviewing court will affirm the judgment of the lower court.

How is a judgment satisfied?

Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the amount or perform any other requirements of the judgment. If the defendant does not pay, the plaintiff may obtain a writ (court order) of execution. Execution is the process by which a judgment for money is enforced. The court directs the sheriff, or other officer, to seize and sell specific property of the defendant identified by the plaintiff. The proceeds, after deduction of the costs of seizure and sale, are applied to the payment of the judgment. Certain items, such as essential clothes, household goods, and tools of trade are exempt from execution.

If the defendant has no property over the amount that is exempt, nothing can be obtained by execution. The judgment will remain unsatisfied because the defendant is «judgment proof». Sometimes the plaintiff or the plaintiff’s attorney will determine this status before any action and will therefore refrain from filling a suit.

Vocabulary notes:

appeal claiming error – кассационная жалоба на ошибки, допущенные при рассмотрении дела	writ – предписание, повестка; судебный приказ
the record – суть дела	seizure – конфискация, наложение ареста
to pronounce a judgment – выносить решение	ordinarily – обычно
to satisfy a judgment – выполнять решение суда	essential clothes – необходимые вещи
judgment – приговор, решение, заключение суда	household goods – предметы домашнего обихода
to sentence – приговаривать	tools of trade – профессиональные инструменты
imposition – наложение	proceeds – доход, вырученная сумма
appeal against the judgment – протест на решение суда	to refrain – воздерживаться
execution – приведение в исполнение	to reverse judgment – отменять решение
exempt – не подлежащий	to file a suit – подать иск
to incur losses – потерпеть убытки	«judgment proof» - лицо, в отношении которого невозможно исполнить решение суда, ввиду отсутствия имущества
to seize - конфисковать