MODULE 3

THE TIMES OF TRIAL

LESSON 1. WHEN JUDGE AND JURY

ARE AGAINST A MAN,

THIRTEEN IS AN

UNLUCKY NUMBER

PART 1. NEVER JUDGE A JUDGE BY HIS

JUDGMENTS

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A. not involved in a particular situation, and able to give a fair opinion or piece of advice; B. system in which two sides oppose and attack each other; C. judge; D. something you have to do as part of your job or duty; E. to make an official legal judgment F. person or group who are involved in a legal argument; G. information given in a court of law to prove that someone is guilty or not guilty; H. competing or arguing against each other; I. trying to find out more about things related to a particular case; J. the first in a list of people or things just mentioned; K. influence; L. the last in a list of people or things just mentioned; M. judging how good etc something is; N. classifying; O. wish; P. happening before something that is more important.

All legal systems want to have a decision-making process that is impartial and fullyinformed. Supporters of an adversary system believe that this is best achieved (1) where the decision-maker is neutral and passive, and has only the responsibility of deciding the case; (2) the parties themselves develop and present the evidence and arguments on which the decision will be based; (3) the proceeding is concentrated, uninterrupted and designed to emphasize the collision of opposing evidence and arguments presented by the parties; and (4) the parties have equal opportunities to present and argue their cases to the decision-maker. The main principle of the adversary system is the separation of the active function of investigating and collecting evidence from the more passive function of considering the evidence and deciding the case. The theory behind the need for this separation is the belief that the former function negatively affects the latter: decision-makers who gather the evidence lose their impartiality because of their active investigatory role in the case. The problem is the natural human tendency to judge too quickly the things which are not yet fully known. We all have a natural want to bring order to chaos by evaluating and categorizing information as we hear it. But decision-makers are under special pressure to do so, because they must decide the case. The result is a strong inclination in the decision-maker early on — while the information is still being gathered — to start theorizing about what the evidence means. Even passive decision-makers may start preliminary theorizing. But decision-makers who actively investigate cannot avoid doing so. An investigator cannot possibly determine what questions to ask or what direction to take the investigation in without first evaluating the meaning of the information that is already known.

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2. Complete the following sentences with the words you have found in Activity 1.

A trial is an __________ (1) process, it is a contest between opponents. The parties present evidence and witnesses. The judge has to __________ (2) the case: he is a __________ (3), and his function is to control the contest as an __________ (4) referee and to rule on questions of law. The jury’s

__________ (5) is to decide questions of fact. The fact that a trial is a contest dictates the order in which its events proceed. First, the burden of proof falls on the complaining party – the plaintiff in a civil case, or the state in a criminal case. The complaining __________ (6) must first establish that party’s case against the defendant. If the __________ (7) fails to establish a case, there is nothing for the __________ (8) to refute. The parties may conduct their own __________ (9) of any facts which could be used as __________ (10) evidence in their contest with the opponent. Such investigation may be carried out both at the __________ (11) and advanced stages of the trial. The steps of a trial, beginning with the attorneys’ opening and closing statements and up to the instructions by the judge to the jury, are intended to help the jury __________ (12) the information in a proper way. The jury consists of common people (not lawyers) who have a natural __________ (13) to __________ (14) too quickly the things which are not yet fully known. Such early theorizing about what the evidence means may __________ (15) the jury’s decision.

3.Listen to the text on the trial procedure in US courts and fill in the gaps. You will hear the text twice.

The main steps in a ________ (1) include: selection of a ________ (2); opening statements by the ________ (3); presentation of ________ (4) and ________ (5) (the complaining ________

(6) always goes first, and the ________ (7) next); ________ (8) statements by the attorneys;

________ (9) by the ________ (10) to the jury; and deliberation and ________ (11) by the jury. A trial is an ________ (12) proceeding, that is, a ________ (13) between ________ (14).

Each party presents ________ (15) and argument. The judge's function is to ________ (16) the contest as a neutral ________ (17) and to rule on questions of ________ (18). The jury's

________ (19) is to decide questions of ________ (20).

Burden and Degree of Proof. The fact that a ________ (21) is a contest dictates the ________

(22) in which its events proceed. The initial ________ (23) falls on the ________ (24) party – the plaintiff in a ________ (25) case, or the state in a ________ (26) case. The complaining

________ (27) must first ________ (28) that party's case. If the complaining party fails to establish a ________ (29), there is nothing for the ________ (30) to refute.

Different kinds of ________ (31) require different degrees of ________ (32). In most civil

________ (33), the winner is the party whose ________ (34) is supported by the preponderance of the ________ (35). This means that the decision must be given to the ________ (36) whose favorable ________ (37) carries greater weight and believability, even if the evidence is only a little more ________ (38) and ________ (39) than the evidence favoring the other ________

(40). ________ (41) who want an injunction or other extraordinary remedy have a heavier

_______ (42) of proof. They must ______ (43) their case by clear and convincing ______ (44). In a ________ (45) case, the ________ (46) must prove the ________ (47) 's guilt beyond a reasonable doubt. This means that even if a preponderance of the ________ (48) favors the state, and even if the state's evidence is ________ (49), the decision must be awarded to the defendant if a ________ (50) doubt of the defendant's guilt remains.

4.Explain the meaning of the following word-combinations related to the trial procedure from the text.

Attorney; selection of a jury; opening statements; presentation of witnesses; presentation of evidence; complaining party; defense; closing statements; instructions by the judge to the jury; deliberation; decision by the jury; adversary proceeding; contest; opponents; present arguments; to control the

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contest; neutral referee; to rule on questions of law; jury; questions of fact; burden of proof; degree of proof; events proceed; initial burden; burden falls; plaintiff; civil case; criminal case; establish the case; defendant; to refute; preponderance of the evidence; favorable evidence; carry greater weight; believability; a little more weighty and believable evidence; evidence favors the other party; injunction; extraordinary remedy; clear and convincing evidence; prove the defendant's guilt; beyond a reasonable doubt; the decision must be awarded to the defendant.

5. Work in pairs. Use the texts in activities 1-3 to fill in the blanks below.

Ⱥ. The main steps in a trial include: (1) ___________________________;

(2) ___________________ ; (3) ___________________________;

(4) __________________________ ; (5) ________________________;

(6) __________________; (7) _____________; (8) ________________.

B.An adversary proceeding is ______________________________________.

C.The judge's function is ______________________________________.

D.The jury's function is _____________________________________.

E.The initial burden falls on __________________________________.

F.The complaining party must first ___________________________________.

G.If the complaining party fails to _____________________________,

the defendant ___________________________.

H.In civil cases, the party wins if _____________________________.

I.The preponderance of the evidence means that _____________________.

J.A party has a heavier burden of proof if __________________________.

K. In criminal cases, the state wins if ________________________________. L. In criminal cases, the defendant wins if _________________________.

6. Work in pairs. Describe a trial using passive structures and focusing on the subject of the action in column 3. There is an example at the beginning (0).

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7.Write an opinion essay on the main principles of a trial in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Opinion Essays in the Recommendations on Creative Writing Work.

8.Translate into English

Ȼɭɞɶ-ɹɤɿ ɩɪɚɜɨɜɿ ɫɢɫɬɟɦɢ ɫɩɪɹɦɨɜɚɧɿ ɧɚ ɩɪɢɣɧɹɬɬɹ ɧɟɭɩɟɪɟɞɠɟɧɢɯ ɿ ɨɫɬɚɬɨɱɧɢɯ ɪɿɲɟɧɶ. ɉɪɢɛɿɱɧɢɤɢ ɡɦɚɝɚɥɶɧɨʀ ɫɢɫɬɟɦɢ ɜɜɚɠɚɸɬɶ, ɳɨ ɞɥɹ ɞɨɫɹɝɧɟɧɧɹ ɬɚɤɨʀ ɦɟɬɢ ɧɟɨɛɯɿɞɧɨ ɡɚɛɟɡɩɟɱɢɬɢ ɧɢɡɤɭ ɭɦɨɜ. ɉɨ-ɩɟɪɲɟ, cɭɞɞɹ ɦɚɽ ɡɚɣɦɚɬɢ ɧɟɭɩɟɪɟɞɠɟɧɭ ɬɚ ɧɟɣɬɪɚɥɶɧɭ ɩɨɡɢɰɿɸ ɿ ɜɿɞɩɨɜɿɞɚɬɢ ɬɿɥɶɤɢ ɡɚ ɩɪɢɣɧɹɬɬɹ ɪɿɲɟɧɧɹ ɭ ɫɩɪɚɜɿ. ɉɨ-ɞɪɭɝɟ, ɫɬɨɪɨɧɢ ɭ ɫɭɩɟɪɟɱɰɿ ɦɚɸɬɶ ɫɚɦɿ ɪɨɡɪɨɛɥɹɬɢ ɞɨɤɚɡɢɣ ɚɪɝɭɦɟɧɬɢ, ɧɚ ɹɤɢɯ ɭ ɩɨɞɚɥɶɲɨɦɭ ʉɪɭɧɬɭɽɬɶɫɹ ɪɿɲɟɧɧɹ. ɉɨɬɪɟɬɽ, ɫɭɞɨɜɚ ɩɪɨɰɟɞɭɪɚ ʉɪɭɧɬɭɽɬɶɫɹ ɩɟɪɟɜɚɠɧɨ ɧɚ ɡɿɬɤɧɟɧɧɿ ɩɪɨɬɢɥɟɠɧɢɯ ɞɨɤɚɡɿɜ ɿ ɚɪɝɭɦɟɧɬɿɜ, ɩɨɞɚɧɢɯ ɫɬɨɪɨɧɚɦɢ. ɇɚɪɟɲɬɿ, ɫɬɨɪɨɧɢ ɩɨɜɢɧɧɿ ɦɚɬɢ ɨɞɧɚɤɨɜɿ ɦɨɠɥɢɜɨɫɬɿ ɩɪɟɞɫɬɚɜɥɹɬɢɞɨɤɚɡɢ, ɚɪɝɭɦɟɧɬɢɬɚ ɫɜɿɞɤɿɜ, ɚɬɚɤɨɠɨɛɝɨɜɨɪɸɜɚɬɢɫɜɨʀɫɩɪɚɜɢɿɡɫɭɞɞɟɸ.

Ɍɚɤɢɦ ɱɢɧɨɦ, ɫɭɞɨɜɢɣ ɩɪɨɰɟɫ í ɰɟ ɡɦɚɝɚɥɶɧɚ ɩɪɨɰɟɞɭɪɚ, ɬɨɛɬɨ ɡɦɚɝɚɧɧɹ ɦɿɠ ɫɬɨɪɨɧɚɦɢ. Ʉɨɠɧɚ ɫɬɨɪɨɧɚ ɩɨɞɚɽ ɞɨɤɚɡɢ ɬɚ ɚɪɝɭɦɟɧɬɢ. ɋɭɞɞɹ ɧɚɝɥɹɞɚɽ ɡɚ ɡɦɚɝɚɥɶɧɢɦ ɩɪɨɰɟɫɨɦ ɹɤ ɧɟɡɚɥɟɠɧɢɣ ɚɪɛɿɬɪ ɬɚ ɜɢɪɿɲɭɽ ɩɢɬɚɧɧɹ ɩɪɚɜɚ. Ɏɭɧɤɰɿɽɸ ɠɭɪɿ ɽ ɜɢɪɿɲɟɧɧɹ ɫɩɨɪɭ ɩɪɨ ɮɚɤɬɢ.

Ɉɫɧɨɜɧɢɦɢ ɟɬɚɩɚɦɢ ɫɭɞɨɜɨɝɨ ɩɪɨɰɟɫɭ ɽ: ɞɨɛɿɪ ɩɪɢɫɹɠɧɢɯ, ɩɨɩɟɪɟɞɧɿ ɜɢɫɬɭɩɢ ɚɞɜɨɤɚɬɿɜ ɫɬɨɪɿɧ; ɜɢɤɥɢɤ ɫɜɿɞɤɿɜ ɬɚ ɩɨɞɚɧɧɹ ɞɨɤɚɡɿɜ (ɩɨɡɢɜɚɱ ɭ ɰɢɜɿɥɶɧɿɣ ɫɩɪɚɜɿ ɚɛɨ ɩɪɨɤɭɪɨɪ (ɩɪɟɞɫɬɚɜɧɢɤ ɞɟɪɠɚɜɢ) ɭ ɤɪɢɦɿɧɚɥɶɧɨɦɭ ɩɪɨɰɟɫɿ ɡɚɜɠɞɢ ɜɢɫɬɭɩɚɸɬɶ ɩɟɪɲɢɦɢ, ɩɨɬɿɦ ɜɢɫɬɭɩɚɽ ɡɚɯɢɫɬ); ɩɪɢɤɿɧɰɟɜɿ ɚɪɝɭɦɟɧɬɢ ɚɞɜɨɤɚɬɿɜ; ɧɚɩɭɬɧɿ ɫɥɨɜɚ ɫɭɞɞɿ ɩɪɢɫɹɠɧɢɦ; ɧɚɪɚɞɚ ɩɪɢɫɹɠɧɢɯ ɬɚ ɜɟɪɞɢɤɬ ɠɭɪɿ.

Ɍɨɣ ɮɚɤɬ, ɳɨ ɫɭɞɨɜɢɣ ɩɪɨɰɟɫ ɽ ɡɦɚɝɚɧɧɹɦ, ɡɭɦɨɜɥɸɽ ɩɨɪɹɞɨɤ ɣɨɝɨ ɩɪɨɜɟɞɟɧɧɹ. ɋɩɨɱɚɬɤɭ ɬɹɝɚɪ ɞɨɜɟɞɟɧɧɹ ɥɹɝɚɽ ɧɚ ɡɚɹɜɧɢɤɚ – ɩɨɡɢɜɚɱɚ ɭ ɰɢɜɿɥɶɧɿɣ ɫɩɪɚɜɿ ɚɛɨ ɞɟɪɠɚɜɭ ɭ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ. ɋɬɨɪɨɧɚ-ɡɚɹɜɧɢɤ ɩɨɜɢɧɧɚ ɫɩɨɱɚɬɤɭ ɨɛʉɪɭɧɬɭɜɚɬɢ ɫɩɪɚɜɭ. əɤɳɨ ɡɚɹɜɧɢɤɨɜɿ ɧɟ ɜɞɚɫɬɶɫɹ ɡɪɨɛɢɬɢ ɰɶɨɝɨ, ɡɚɯɢɫɬɭ ɧɟɦɚɽ ɱɨɝɨ ɫɩɪɨɫɬɨɜɭɜɚɬɢ.

Ɋɿɡɧɿ ɫɩɪɚɜɢ ɜɢɦɚɝɚɸɬɶ ɪɿɡɧɨɝɨ ɫɬɭɩɟɧɹ ɞɨɤɚɡɨɜɨɫɬɿ. ɍ ɛɿɥɶɲɨɫɬɿ ɰɢɜɿɥɶɧɢɯ ɫɩɪɚɜ ɜɢɝɪɚɽ ɬɚ ɫɬɨɪɨɧɚ, ɹɤɚ ɩɨɞɚɽ ɩɟɪɟɤɨɧɥɢɜɿɲɿ ɞɨɤɚɡɢ. ɐɟ ɨɡɧɚɱɚɽ, ɳɨ ɩɟɪɟɜɚɝɚ ɧɚɞɚɽɬɶɫɹ ɬɿɣ ɫɬɨɪɨɧɿ, ɱɢʀ ɞɨɤɚɡɢ ɽ ɜɚɝɨɦɿɲɢɦɢ ɬɚ ɩɪɚɜɞɨɩɨɞɿɛɧɿɲɢɦɢ, ɧɚɜɿɬɶ ɤɨɥɢ ʀɯ ɜɚɝɨɦɿɫɬɶ ɬɚ ɩɪɚɜɞɨɩɨɞɿɛɧɿɫɬɶ ɥɢɲɟ ɧɟɡɧɚɱɧɨɸ ɦɿɪɨɸ ɩɟɪɟɜɚɠɚɽ ɞɨɤɚɡɢ ɿɧɲɨʀ ɫɬɨɪɨɧɢ. Ⱦɨ ɩɨɡɢɜɚɱɿɜ, ɹɤɿ ɧɚɦɚɝɚɸɬɶɫɹ ɞɨɦɨɝɬɢɫɹ ɫɭɞɨɜɨʀ ɡɚɛɨɪɨɧɢ ɚɛɨ ɛɭɞɶ-ɹɤɨɝɨ ɿɧɲɨɝɨ ɡɚɫɨɛɭ ɫɭɞɨɜɨɝɨ ɡɚɯɢɫɬɭ, ɫɬɚɜɥɹɬɶɫɹ ɠɨɪɫɬɤɿɲɿ ɜɢɦɨɝɢ ɳɨɞɨ ɜɚɝɨɦɨɫɬɿ ɬɚ ɩɟɪɟɤɨɧɥɢɜɨɫɬɿ ɞɨɤɚɡɿɜ. ɋɬɨɪɨɧɢ ɩɨɜɢɧɧɿ ɨɛʉɪɭɧɬɭɜɚɬɢ ɫɩɪɚɜɭ ɱɿɬɤɢɦɢ ɬɚ ɩɟɪɟɤɨɧɥɢɜɢɦɢ ɞɨɤɚɡɚɦɢ.

ɍ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ ɞɟɪɠɚɜɚ ɩɨɜɢɧɧɚ ɞɨɜɟɫɬɢ ɜɢɧɭ ɩɿɞɫɭɞɧɨɝɨ ɩɨɡɚ ɜɫɹɤɢɦɢ ɫɭɦɧɿɜɚɦɢ. ɐɟ ɨɡɧɚɱɚɽ, ɳɨ ɧɚɜɿɬɶ ɡɚ ɧɚɹɜɧɨɫɬɿ ɩɟɪɟɤɨɧɥɢɜɿɲɢɯ ɞɨɤɚɡɿɜ ɧɚ ɤɨɪɢɫɬɶ ɞɟɪɠɚɜɢ ɩɟɪɟɜɚɝɚ ɦɨɠɟ ɧɚɞɚɜɚɬɢɫɹ ɩɿɞɫɭɞɧɨɦɭ, ɹɤɳɨ ɡɚɥɢɲɚɸɬɶɫɹ ɨɛʉɪɭɧɬɨɜɚɧɿ ɫɭɦɧɿɜɢ ɳɨɞɨ ɣɨɝɨ ɜɢɧɢ.

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PART 2. MANY ARE CALLED, BUT FEW ARE

CHOSEN – FOR A JURY

1. Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A. accusation. B. twelve persons called to issue a verdict in a court case. C. give up one’s own right. D. person against whom an action is brought. E. official decision of a jury. F. panel that makes recommendations to a judge but does not render final judgment. G. body of individuals selected to render a verdict in a court case. H. one who serves as a member of a jury. I. panel of lawyers to decide whether it is appropriate to indict. J. adult. K. appear before the court. L. party required to answer the complaint before a court. M. anything offensive according to standards of morality and decency. N. actions authorized or sanctioned by law and instituted in a court. O. voluntary surrender of a known right. P. negotiation in which a defendant agrees to plead guilty to the charge in exchange for some benefits. Q. l dispute between individuals who seek judicial resolution. R. trial before a judge without a jury. S. lawsuit.

The Constitution establishes and safeguards the right to a trial by jury in four ways: Article III establishes this right in federal criminal cases; Amendment V provides for grand juries that review complaints in criminal cases, hear the evidence of the prosecutor, and decide whether to issue an indictment that will bring the accused person to trial; Amendment VI guarantees in serious federal non-juvenile criminal cases the right to trial by a petit jury; and Amendment VII provides for a jury trial in civil cases where the amount in controversy exceeds $20. The exercise of this right is a major decision whether to "go bench". The criminal defendant alone has the ability to waive the right to a jury. Only if the prosecution and the court consent, may a defendant have a waiver of trial by jurors. Jury trials are important because anticipated jury verdicts serve to guide plea bargaining and other decisions. In civil proceedings, however, at least one of the parties must specifically request a jury and be prepared to pay a fee; otherwise, a bench trial, also known as a court or a summary trial is held. In a bench trial, the judge makes both findings of fact and rulings of law. Beyond this, a court trial is essentially the same as a jury trial. Rules of evidence and methods of objection are identical for both proceedings. In all actions where the plaintiff does not have the right to a jury trial, the court may authorize an advisory jury if a party requests it or the judge concludes independently that it is appropriate. The "verdict" the advisory jury renders is not binding on the judge. Advisory juries are typically used when the federal government is the sole defendant in a civil lawsuit and when the claims at issue are particularly sensitive. In addition, obscenity trials sometimes employ an advisory jury to determine whether the material in question is obscene based on community standards.

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2. Complete the following sentences with the words you have found in Activity 1.

prosecution where the potential penalty is in excess of six months. Amendment 7 says, “In Suits

judge only. A court trial is basically identical to a jury trial, except the judge decides both the

3.Listen to the text on the jury or non-jury trials in US courts and fill in the gaps. You will hear the text twice.

GOING BENCH – CHOOSING BETWEEN JURY

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4.Explain the meaning of the following word-combinations related to the jury or non-jury trials from the texts.

a trial by jury; a constitutional right to a jury trial; Article III of the US Constitution; federal criminal cases; Amendment V to the US Constitution; grand jury; complaints in criminal cases; to issue an indictment; the accused; Amendment VI; nonjuvenile criminal cases; petit jury; Amendment VII; the amount in controversy; to go

bench; to waive the right to a jury; a waiver; plea bargaining; a bench trial; a court

trial; a summary trial; findings of fact; rulings of law; an advisory jury; to render

a verdict; the sole defendant; the claims at issue; obscenity trials; to face a joint trial; codefendants; to do in open court; the consequences of the waiver; plea bargain; to strike a bargain; time-consuming formality; to accept evidence on a

provisional basis (de bene); abbreviated procedure; judge's verdict; felony; misdemeanor; violation.

5.Work in pairs. Fill in the table below on the basis of exercises 1-3. Then use the table to tell your partner everything you know about the US Constitution.

JURY TRIALS IN THE USA

Four ways to establish the right to a jury trial

When can the right to a jury be waived?

What is the function of ‘grand jury’?

What are the requirements for a jury trial in civil cases?

What is a ‘bench trial’ and when is it used?

What is an ‘advisory jury’ and when is it used?

JURY OR NON-JURY TRIALS

When can the waiver be denied?

What is the factual function of the jury?

When may the prosecution prefer to have a jury find the defendant innocent?

The advantages of bench trials over jury trials

6.Write a survey report on the main principles of jury and non-jury trials in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

Ʉɨɧɫɬɢɬɭɰɿɹ ɜɫɬɚɧɨɜɥɸɽ ɣ ɝɚɪɚɧɬɭɽ ɩɪɚɜɨ ɧɚ ɫɭɞɨɜɢɣ ɪɨɡɝɥɹɞ ɡɚ ɭɱɚɫɬɸ ɩɪɢɫɹɠɧɢɯ ɡɚɫɿɞɚɬɟɥɿɜ ɱɨɬɢɪɦɚ ɫɩɨɫɨɛɚɦɢ: ɫɬɚɬɬɹ III ɜɫɬɚɧɨɜɥɸɽ ɰɟ ɩɪɚɜɨ ɭ ɮɟɞɟɪɚɥɶɧɢɯ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜɚɯ; ɩɨɩɪɚɜɤɚ V ɩɟɪɟɞɛɚɱɚɽ ɜɟɥɢɤɟ ɠɭɪɿ, ɳɨ ɪɨɡɝɥɹɞɚɽ ɨɮɿɰɿɣɧɟ ɨɛɜɢɧɭɜɚɱɟɧɧɹ ɭ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜɚɯ, ɡɚɫɥɭɯɨɜɭɽ ɞɨɤɚɡɢ ɩɪɨɤɭɪɨɪɚ ɣ ɜɢɪɿɲɭɽ, ɱɢ ɫɥɿɞ

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ɜɢɧɨɫɢɬɢ ɨɛɜɢɧɭɜɚɥɶɧɢɣ ɜɢɫɧɨɜɨɤ, ɡɝɿɞɧɨ ɡ ɹɤɢɦ ɨɛɜɢɧɭɜɚɱɟɧɨɝɨ ɛɭɞɟ ɩɪɢɬɹɝɧɭɬɨ ɞɨ ɫɭɞɭ; ɩɨɩɪɚɜɤɚ VI ɝɚɪɚɧɬɭɽ ɩɪɚɜɨ ɧɚ ɫɭɞɨɜɢɣ ɪɨɡɝɥɹɞ ɦɚɥɢɦ ɠɭɪɿ ɭ ɮɟɞɟɪɚɥɶɧɢɯ ɫɩɪɚɜɚɯ ɩɪɨɬɢ ɩɨɜɧɨɥɿɬɧɶɨɝɨ, ɹɤɢɣ ɨɛɜɢɧɭɜɚɱɭɽɬɶɫɹ ɭ ɬɹɠɤɨɦɭ ɡɥɨɱɢɧɿ; ɩɨɩɪɚɜɤɚ VII ɩɟɪɟɞɛɚɱɚɽ ɡɚɫɬɨɫɭɜɚɧɧɹ ɫɭɞɭ ɩɪɢɫɹɠɧɢɯ ɭ ɰɢɜɿɥɶɧɢɯ ɫɩɪɚɜɚɯ, ɤɨɥɢ ɫɭɦɚ ɩɨɡɨɜɭ ɩɟɪɟɜɢɳɭɽ 20 ɚɦɟɪɢɤɚɧɫɶɤɢɯ ɞɨɥɚɪɿɜ. ȼɢɤɨɪɢɫɬɚɧɧɹ ɰɶɨɝɨ ɩɪɚɜɚ ɞɚɽ ɜɿɞɩɨɜɿɞɶ ɧɚ ɡɚɩɢɬɚɧɧɹ, ɱɢ ɩɨɬɪɿɛɟɧ ɫɭɞɨɜɢɣ ɪɨɡɝɥɹɞ ɿɡ ɠɭɪɿ. Ɍɿɥɶɤɢ ɨɛɜɢɧɭɜɚɱɟɧɢɣ ɭ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ ɦɨɠɟ ɜɿɞɦɨɜɢɬɢɫɹ ɜɿɞ ɩɪɚɜɚ ɧɚ ɫɭɞ ɩɪɢɫɹɠɧɢɯ. Ɉɞɧɚɤ ɰɟ ɦɨɠɥɢɜɨ ɥɢɲɟ ɬɨɞɿ, ɤɨɥɢ ɫɬɨɪɨɧɚ ɨɛɜɢɧɭɜɚɱɟɧɧɹ ɣ ɫɭɞɞɹ ɞɿɣɲɥɢ ɡɝɨɞɢ. ɋɭɞ ɩɪɢɫɹɠɧɢɯ ɦɚɽ ɜɚɠɥɢɜɟ ɡɧɚɱɟɧɧɹ, ɨɫɤɿɥɶɤɢ ɦɚɣɛɭɬɧɿɣ ɜɟɪɞɢɤɬ ɩɪɢɫɹɠɧɢɯ ɧɟɪɿɞɤɨ ɫɩɪɢɱɢɧɸɽ ɩɟɪɟɝɨɜɨɪɢ ɩɪɨ ɭɤɥɚɞɚɧɧɹ ɭɝɨɞɢ ɡ ɜɢɡɧɚɧɧɹ ɜɢɧɢ. ɍ ɰɢɜɿɥɶɧɨɦɭ ɫɭɞɨɱɢɧɫɬɜɿ ɩɪɢɧɚɣɦɧɿ ɨɞɧɚ ɡɿ ɫɬɨɪɿɧ ɩɨɜɢɧɧɚ ɩɨɞɚɬɢ ɤɥɨɩɨɬɚɧɧɹ ɩɪɨ ɫɭɞ ɩɪɢɫɹɠɧɢɯ ɿ ɦɚɽ ɛɭɬɢ ɝɨɬɨɜɨɸ ɰɟ ɨɩɥɚɬɢɬɢ, ɿɧɚɤɲɟ ɫɭɞɨɜɢɣ ɪɨɡɝɥɹɞ ɩɪɨɜɨɞɢɬɶɫɹ ɛɟɡ ɭɱɚɫɬɿ ɩɪɢɫɹɠɧɢɯ. ɍ ɫɭɞɿ ɛɟɡ ɭɱɚɫɬɿ ɩɪɢɫɹɠɧɢɯ ɫɭɞɞɹ ɫɚɦɨɫɬɿɣɧɨ ɪɨɛɢɬɶ ɜɢɫɧɨɜɤɢ ɫɬɨɫɨɜɧɨ ɮɚɤɬɿɜ ɿ ɜɢɧɨɫɢɬɶ ɪɿɲɟɧɧɹ ɡɝɿɞɧɨ ɡ ɡɚɤɨɧɨɦ. Ɂɚ ɜɢɧɹɬɤɨɦ ɰɶɨɝɨ, ɡɦɿɫɬ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ ɛɟɡ ɠɭɪɿ ɧɟ ɜɿɞɪɿɡɧɹɽɬɶɫɹ ɜɿɞ ɪɨɡɝɥɹɞɭ ɡɚ ɭɱɚɫɬɿ ɩɪɢɫɹɠɧɢɯ. ɇɨɪɦɢ ɞɨɤɚɡɨɜɨɝɨ ɩɪɚɜɚ ɣ ɦɟɬɨɞɢ ɡɚɩɟɪɟɱɟɧɶ ɽ ɿɞɟɧɬɢɱɧɢɦɢ ɞɥɹ ɨɛɨɯ ɩɪɨɰɟɞɭɪ. ȼ ɭɫɿɯ ɫɩɪɚɜɚɯ, ɞɟ ɩɨɡɢɜɚɱ ɧɟ ɦɚɽ ɩɪɚɜɚ ɧɚ ɫɭɞ ɩɪɢɫɹɠɧɢɯ, ɫɭɞ ɦɨɠɟ ɩɪɢɡɧɚɱɢɬɢ ɤɨɧɫɭɥɶɬɚɬɢɜɧɟ ɠɭɪɿ, ɹɤɳɨ ɫɬɨɪɨɧɚ ɡɜɟɪɬɚɽɬɶɫɹ ɡ ɜɿɞɩɨɜɿɞɧɢɦ ɤɥɨɩɨɬɚɧɧɹɦ, ɚɛɨ ɠ ɫɭɞɞɹ ɫɚɦɨɫɬɿɣɧɨ ɜɢɡɧɚɽ ɣɨɝɨ ɞɨɰɿɥɶɧɿɫɬɶ. ȼɟɪɞɢɤɬ, ɜɢɧɟɫɟɧɢɣ ɤɨɧɫɭɥɶɬɚɬɢɜɧɢɦ ɠɭɪɿ, ɧɟ ɽ ɨɛɨɜ’ɹɡɤɨɜɢɦ ɞɥɹ ɫɭɞɞɿ. Ɂɝɚɞɚɧɟ ɠɭɪɿ ɜɢɤɨɪɢɫɬɨɜɭɸɬɶ, ɹɤɳɨ ɽɞɢɧɢɦ ɜɿɞɩɨɜɿɞɚɱɟɦ ɩɨ ɰɢɜɿɥɶɧɨɦɭ ɩɨɡɨɜɭ ɽ ɮɟɞɟɪɚɥɶɧɢɣ ɭɪɹɞ, ɚɛɨ ɹɤɳɨ ɩɢɬɚɧɧɹ, ɳɨ ɪɨɡɝɥɹɞɚɸɬɶɫɹ, ɽ ɨɫɨɛɥɢɜɨ ɞɟɥɿɤɚɬɧɿ. Ʉɪɿɦ ɬɨɝɨ, ɿɧɨɞɿ, ɩɪɢ ɪɨɡɝɥɹɞɿ ɫɩɪɚɜɢ ɩɪɨ ɡɥɨɱɢɧɧɭ ɧɟɩɪɢɫɬɨɣɧɿɫɬɶ, ɤɨɧɫɭɥɶɬɚɬɢɜɧɟ ɠɭɪɿ ɜɢɤɨɪɢɫɬɨɜɭɸɬɶ ɞɥɹ ɜɢɡɧɚɱɟɧɧɹ, ɱɢ ɽ ɦɚɬɟɪɿɚɥ, ɩɪɨ ɹɤɢɣ ɣɞɟɬɶɫɹ, ɧɟɩɪɢɫɬɨɣɧɢɦ ɡɚ ɫɭɫɩɿɥɶɧɢɦɢ ɧɨɪɦɚɦɢ.

əɤɳɨ ɫɭɞ ɜɫɬɚɧɨɜɥɸɽ, ɳɨ ɜɿɞɦɨɜɚ ɜɿɞ ɩɪɚɜɚ ɧɚ ɫɭɞɨɜɢɣ ɪɨɡɝɥɹɞ ɡ ɭɱɚɫɬɸ ɩɪɢɫɹɠɧɢɯ ɡɚɫɿɞɚɬɟɥɿɜ ɽ ɥɢɲɟ ɫɬɪɚɬɟɝɿɽɸ ɞɥɹ ɞɨɫɹɝɧɟɧɧɹ ɧɟɩɪɢɩɭɫɬɢɦɢɯ ɩɟɪɟɜɚɝ, ɭ ɬɚɤɨɦɭ ɩɪɨɯɚɧɧɿ ɦɨɠɟ ɛɭɬɢ ɜɿɞɦɨɜɥɟɧɨ. ɇɚɩɪɢɤɥɚɞ, ɩɿɞɫɭɞɧɨɦɭ, ɹɤɢɣ ɽ ɭɱɚɫɧɢɤɨɦ ɪɨɡɝɥɹɞɭ ɫɩɪɚɜɢ ɿɡ ɫɩɿɜɜɿɞɩɨɜɿɞɚɱɚɦɢ, ɧɟ ɞɨɡɜɨɥɹɬɶ ɜɿɞɦɨɜɢɬɢɫɹ ɜɿɞ ɩɪɚɜɚ ɧɚ ɫɭɞ ɩɪɢɫɹɠɧɢɯ. əɤɳɨ ɜɢɫɭɜɚɽɬɶɫɹ ɨɛɜɢɧɭɜɚɱɟɧɧɹ ɭ ɩɪɚɜɨɩɨɪɭɲɟɧɧɿ (ɧɚ ɜɿɞɦɿɧɭ ɜɿɞ ɡɥɨɱɢɧɭ) ɚɛɨ ɹɤɳɨ ɜɿɞɩɨɜɿɞɚɱ ɦɚɽ ɩɪɚɜɨ ɧɚ ɨɛɨɜ’ɹɡɤɨɜɢɣ ɫɬɚɬɭɫ ɧɟɩɨɜɧɨɥɿɬɧɶɨɝɨ ɡɥɨɱɢɧɰɹ, ɩɪɚɜɨ ɧɚ ɫɭɞ ɩɪɢɫɹɠɧɢɯ ɧɟ ɝɚɪɚɧɬɭɽɬɶɫɹ. əɤɳɨ ɞɨɤɚɡɢ ɩɪɨɬɢ ɩɪɚɜɨɩɨɪɭɲɧɢɤɚ ɫɥɚɛɤɿ, ɩɪɨɤɭɪɨɪ ɦɨɠɟ ɛɭɬɢ ɛɿɥɶɲɟ ɡɚɰɿɤɚɜɥɟɧɢɦ ɭ ɬɨɦɭ, ɳɨɛ ɠɭɪɿ ɜɢɡɧɚɥɨ ɨɛɜɢɧɭɜɚɱɟɧɨɝɨ ɧɟɜɢɧɧɢɦ, ɡɚɦɿɫɬɶ ɭɤɥɚɞɚɧɧɹ ɭɝɨɞɢ, ɳɨ ɩɟɪɟɞɛɚɱɚɽ ɦɿɧɿɦɚɥɶɧɿ ɫɚɧɤɰɿʀ.

ɍ ɰɢɜɿɥɶɧɢɯ ɫɩɪɚɜɚɯ ɫɭɞ ɛɟɡ ɭɱɚɫɬɿ ɩɪɢɫɹɠɧɢɯ ɽ ɲɜɢɞɲɢɦ ɿ, ɧɟɪɿɞɤɨ, ɛɿɥɶɲ ɫɩɪɚɜɟɞɥɢɜɢɦ, ɡɚɜɞɹɤɢ ɦɟɧɲɿɣ ɤɿɥɶɤɨɫɬɿ ɮɨɪɦɚɥɶɧɨɫɬɟɣ, ɳɨ ɡɚɛɢɪɚɸɬɶ ɛɚɝɚɬɨ ɱɚɫɭ, ɚ ɬɨɦɭ ɫɬɨɪɨɧɢ ɦɨɠɭɬɶ ɡɨɫɟɪɟɞɢɬɢɫɹ ɧɚ ɫɭɬɨ ɩɪɚɜɨɜɢɯ ɩɢɬɚɧɧɹɯ. ȱɧɨɞɿ ɫɭɞɞɹ ɦɨɠɟ ɩɪɢɣɧɹɬɢ ɞɨɤɚɡɢ ɬɢɦɱɚɫɨɜɨ, ɳɨ ɞɨɡɜɨɥɹɽ ɩɿɡɧɿɲɟ ɜ ɪɚɡɿ ɧɟɨɛɯɿɞɧɨɫɬɿ ɜɿɞɯɢɥɢɬɢ ʀɯ. ɉɪɨɰɟɞɭɪɚ ɫɭɞɭ ɛɟɡ ɠɭɪɿ ɦɨɠɟ ɛɭɬɢ ɫɤɨɪɨɱɟɧɨɸ. ɇɚɩɪɢɤɥɚɞ, ɩɨɩɟɪɟɞɧɹ ɩɪɨɦɨɜɚ ɨɛɜɢɧɭɜɚɱɚ ɧɟ ɽ ɨɛɨɜ’ɹɡɤɨɜɨɸ. ɋɭɞɞɹ ɧɟ ɩɨɜɢɧɟɧ ɜɢɧɨɫɢɬɢ ɜɢɪɨɤ ɧɟɝɚɣɧɨ, ɩɪɨɬɟ ɜɿɧ ɿ ɧɟ ɦɨɠɟ ɛɟɡɩɿɞɫɬɚɜɧɨ ɡɚɬɪɢɦɭɜɚɬɢ ɪɿɲɟɧɧɹ.

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PART 3. JUDGES ADMINISTER JUSTICE IN A FEW

WORDS BUT MANY SENTENCES

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.not taking sides in a dispute; B. judge; C. assemble; D. delay a court proceeding; E. pause; F. govern; G. suggestion; H. protest; I. defining rights and duties; J. trustworthiness; K. enrolled upon a panel or list; L. relevant; M. discussion of the issue; N. diplomacy; O. subjective; P. cause a biased view; Q. decide in favor of; R. forgiveness; S. administer; T. declare that the decision is not legally valid; U. free from a criminal charge by a verdict of not guilty.

The protection of constitutional rights and pursuit of justice is largely achieved through the teamwork of judge and jury. The judge presides over legal matters brought in court to play the part of an unbiased party whose primary job is to see to it that both sides are allowed to present their cases as fully as possible within the confines of the law. The judge is the arbiter of the law. The judge controls the time when court convenes and adjourns and the length of a recess. The judge rules on many motions and objections of the prosecutor and of the defense attorney. In some jurisdictions the judge is permitted to ask substantive questions of the witnesses and also to comment to the jury about the credibility of the evidence. The trial judge gives preliminary instructions to the impaneled jury on the pertinent law prior to the trial and deliberation. The judge sentences a guilty defendant in a criminal case. Although judges have broad discretion during the trials, their rulings must not be arbitrary or unfair. Also, the judge must not prejudice the jury against any of the parties. Common sense and the willingness to pay attention are the only qualifications needed to be a successful juror. A juror's job is to consider the evidence presented during the trial and to decide what the truth is in that particular case. In some instances jurors may be allowed to take notes, or ask questions. In lawsuits and civil disputes the jurors will either decide for the defendant or the plaintiff. Additionally, the jury set any financial damage amounts that are to be paid to the either side. A jury in a criminal case does far more than decide issues of fact to render a verdict of guilty or innocent. It has the power to extend mercy where mercy is called for, and to mete out individualized justice. It has the power to nullify and acquit.

2. Complete the following sentences with the words you have found in Activity 1.

It is the judge's responsibility to assure the proper administration of justice in his court. The judge decides all legal questions that arise during the trial, controls the presentation of evidence

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by the parties, comments to the ________(1) jury about its _________(2). The judge must be

________(3) and their rulings must not be __________(4). In general, the judge has _______ (5) on all matters relating to the orderly conduct of a trial, for example, the time when court convenes and ______(6) and the length of a _____(7). Besides they decide pretrial motions, define the scope of discovery, control the behavior of participants and the pace of the trial. When the parties offer evidence, the judge rules on any legal ________(8) and may ask ______(9) questions of the witnesses. The judge also instructs the jury on the ______(10) law before the trial and ________(11). The judge must not ______(12) the jury against any of the parties. The judge may also rule on _______(13) made before or during a trial. The jury is the _______(14) of the facts. Their job is to listen attentively to the cases presented by the opposing attorneys and then come to a decision based solely on the evidence that is set forth. They are ordinarily not permitted to ask questions either to the witnesses or to the judge, nor are they allowed to take notes of the proceedings. In civil trials, the jury _______(15) defendants or the plaintiff, i.e. they determine whether the defendant is liable for the injuries claimed by the plaintiff and set any financial damage amounts that are to be paid to the either side. Rendering a verdict in criminal trials, the jury determines the guilt of the accused. Besides they may extend ______(16),

_______(17) justice, _______(18) and ______(19).

3.Listen to the text on the jury or non-jury trials in US courts and fill in the gaps. You will hear the text twice.

THE MAN IN COURT

Only when the _____ (1) make out a case, do the jury have any function. Then it is for them to find out whether the facts are as the _________ (2) claims them to be or as the _________(3). The jury are usually puzzled and do not understand the

___________ (4). In certain cases the judge determines both the facts and the____ (5) and decides the whole matter. In those cases, and in what is known as ______ (6), there are no jury, but a judge may always ask for a ____ (7) if he wishes one to determine the facts. A jury is supposed to be advantageous to the defendant in a ________ (8) action and to the plaintiff in a _____ (9) action. The jury decides whether the defendant is ______ (10)

or ________ (11) as to each _______ (12) charged. If the judge so _________ (13), the jury may find the defendant guilty of a less serious offense than the one ________(14). If a defendant is _________ (15), __________ (16) is the responsibility of the judge. "One judge is better than

______ (17)," says the advocate of the ________ (18) system. "Law is a technical thing and you can not put a technical case plainly enough so that twelve men could __________ (19) understand it."

A discussion of the jury system is not ________ (20). The jurymen have already been

________ (21) and are in court and until the structure of the law is changed they will remain. They are ready to ___ (22) any case that may ___________ (23) them. The judge feels a sense of relief at not having to _________ (24) the facts. Because of his importance, the __________(25) judge must be present in court from the opening of the trial until its close and must be easily

__________ (26) during jury trials while the jury is ____________ (27) on its verdict. The law being laid down, all that remains for him to do is to see that the facts are ______ (28) and plainly presented to the jury, that both sides conduct the case in a __________ (29) manner and that the trial is as ___________ (30) as possible.

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4.Explain the meaning of the following word-combinations related to the trial procedure from the text.

Teamwork of judge and jury; an unbiased party; legal matters; the arbiter of the law; convene; adjourn; recess; rule on motions and objections; substantive questions; credibility of the evidence; preliminary instructions; the impaneled jury; the pertinent law; deliberation; sentence; discretion; arbitrary rulings; prejudice the jury against any of the parties; common sense; find for defendants; set financial damage amounts; extend mercy; mete out justice; to nullify; acquit; equity; one charged; convict, summon jurymen; try a case; pass upon the facts; the presiding judge; the law being laid down; in a reasonable manner; open-minded trial.

5.Work in pairs. Fill in the table below on the basis of exercises 1-3. Then use the table to tell your partner everything you know about judge’s and jury’s functions and obligations.

TEAMWORK OF JUDGE AND JURY

The judge’s functions, powers and obligations

The jury’s functions, powers and obligations

JUDGE’S AND JURY’S MUSTS ANS MUSTNOTS

The judge decides:

The judge must:

The judge has:

The judge rules on:

The judge instructs:

The jury’s job is:

The jurors are not permitted:

The jurors determine:

THE MAN IN COURT

When can the judge determine both the facts and the law?

When is the jury advantageous to the defendant?

When is the jury advantageous to the plaintiff?

Whose responsibility is the sentencing?

The judge’s responsibility as to the jury

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6.Write a survey report on the role of the judge and jury in a trial in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

Ɂɚɯɢɫɬ ɤɨɧɫɬɢɬɭɰɿɣɧɢɯ ɩɪɚɜ ɿ ɜɫɬɚɧɨɜɥɟɧɧɹ ɫɩɪɚɜɟɞɥɢɜɨɫɬɿ ɡɧɚɱɧɨɸ ɦɿɪɨɸ ɞɨɫɹɝɚɽɬɶɫɹ ɡɚɜɞɹɤɢ ɡɥɚɝɨɞɠɟɧɿɣ ɫɩɿɜɩɪɚɰɿ ɫɭɞɞɿ ɬɚ ɩɪɢɫɹɠɧɢɯ. ɋɭɞɞɹ ɤɟɪɭɽ ɜɢɪɿɲɟɧɧɹɦ ɩɪɚɜɨɜɢɯ ɩɢɬɚɧɶ, ɹɤɿ ɩɨɫɬɚɸɬɶ ɩɟɪɟɞ ɫɭɞɨɦ, ɛɭɞɭɱɢ ɧɟɭɩɟɪɟɞɠɟɧɢɦ ɭɱɚɫɧɢɤɨɦ ɩɪɨɰɟɫɭ, ɱɢʀɦ ɨɛɨɜ’ɹɡɤɨɦ ɽ ɩɪɨɫɬɟɠɢɬɢ, ɚɛɢ ɨɛɢɞɜɿ ɫɬɨɪɨɧɢ ɦɨɝɥɢ ɦɚɤɫɢɦɚɥɶɧɨ ɩɨɜɧɨ ɩɨɞɚɬɢ ɫɜɨɸ ɩɨɡɢɰɿɸ, ɧɟ ɜɢɯɨɞɹɱɢ ɡɚ ɪɚɦɤɢ ɡɚɤɨɧɭ. ɋɭɞɞɹ ɩɪɢɡɧɚɱɚɽ ɱɚɫ ɫɤɥɢɤɚɧɧɹ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ, ɣɨɝɨ ɜɿɞɤɥɚɞɟɧɧɹ ɣ ɬɪɢɜɚɥɿɫɬɶ ɩɟɪɟɪɜɢ ɜ ɡɚɫɿɞɚɧɧɹɯ. ȼɿɧ ɜɢɧɨɫɢɬɶ ɪɿɲɟɧɧɹ ɫɬɨɫɨɜɧɨ ɤɥɨɩɨɬɚɧɶ ɬɚ ɡɚɩɟɪɟɱɟɧɶ ɨɛɜɢɧɭɜɚɱɚ ɣ ɡɚɯɢɫɧɢɤɚ. ɍ ɞɟɹɤɢɯ ɸɪɢɫɞɢɤɰɿɹɯ ɫɭɞɞɿ ɦɨɠɭɬɶ ɫɬɚɜɢɬɢ ɫɜɿɞɤɚɦ ɩɢɬɚɧɧɹ ɩɨ ɫɭɬɿ ɫɩɪɚɜɢ, ɚ ɬɚɤɨɠ ɤɨɦɟɧɬɭɜɚɬɢ ɫɬɭɩɿɧɶ ɞɨɫɬɨɜɿɪɧɨɫɬɿ ɞɨɤɚɡɿɜ ɞɥɹ ɩɪɢɫɹɠɧɢɯ. ɋɭɞɞɹ ɞɚɽ ɜɤɚɡɿɜɤɢ ɠɭɪɿ ɩɪɢɫɹɠɧɢɯ ɹɤ ɩɟɪɟɞ ɫɭɞɨɜɢɦ ɪɨɡɝɥɹɞɨɦ, ɬɚɤ ɿ ɩɪɨɬɹɝɨɦ ɩɪɨɰɟɫɭ, ɚ ɬɚɤɨɠ ɜɢɧɨɫɢɬɶ ɜɢɪɨɤ ɜɢɧɧɨɦɭ ɩɿɞɫɭɞɧɨɦɭ ɭ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ. ɏɨɱɚ ɫɭɞɞɿ ɦɚɸɬɶ ɲɢɪɨɤɿ ɩɨɜɧɨɜɚɠɟɧɧɹ ɞɿɹɬɢ ɧɚ ɜɥɚɫɧɢɣ ɪɨɡɫɭɞ ɭ ɯɨɞɿ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ, ʀɯɧɿ ɩɨɫɬɚɧɨɜɢ ɧɟ ɩɨɜɢɧɧɿ ɛɭɬɢ ɞɨɜɿɥɶɧɢɦɢ ɿ ɧɟɫɩɪɚɜɟɞɥɢɜɢɦɢ. Ʉɪɿɦ ɬɨɝɨ, ɫɭɞɞɹ ɦɚɽ ɡɚɩɨɛɿɝɚɬɢ ɭɩɟɪɟɞɠɟɧɨɦɭ ɫɬɚɜɥɟɧɧɸ ɩɪɢɫɹɠɧɢɯ ɞɨ ɛɭɞɶ-ɹɤɨʀ ɿɡ ɫɬɨɪɿɧ. ɉɪɢɫɹɠɧɿ ɦɚɸɬɶ ɪɨɡɝɥɹɞɚɬɢ ɞɨɤɚɡɢ, ɩɪɟɞɫɬɚɜɥɟɧɿ ɜ ɯɨɞɿ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ, ɣ ɜɢɪɿɲɭɜɚɬɢ ʀɯ ɩɪɚɜɞɨɩɨɞɿɛɧɿɫɬɶ. ɍ ɩɨɡɨɜɧɢɯ ɬɚ ɰɢɜɿɥɶɧɢɯ ɫɩɨɪɚɯ ɩɪɢɫɹɠɧɿ ɜɢɧɨɫɹɬɶ ɪɿɲɟɧɧɹ ɧɚ ɤɨɪɢɫɬɶ ɜɿɞɩɨɜɿɞɚɱɚ ɚɛɨɩɨɡɢɜɚɱɚ, ɚ ɬɚɤɨɠ ɜɫɬɚɧɨɜɥɸɸɬɶ ɫɭɦɭ ɮɿɧɚɧɫɨɜɨʀ ɤɨɦɩɟɧɫɚɰɿʀ, ɹɤɭ ɦɚɽ ɜɢɩɥɚɬɢɬɢ ɫɬɨɪɨɧɚ. ȼɨɧɢ ɜɢɡɧɚɱɚɸɬɶ, ɱɢ ɧɟɫɟ ɜɿɞɩɨɜɿɞɚɱ ɜɿɞɩɨɜɿɞɚɥɶɧɿɫɬɶ ɡɚ ɲɤɨɞɭ, ɡɚɹɜɥɟɧɭ ɩɨɡɢɜɚɱɟɦ. ɍ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ ɠɭɪɿ ɪɨɛɢɬɶ ɧɚɛɚɝɚɬɨ ɛɿɥɶɲɟ, ɧɿɠ ɜɢɪɿɲɭɽ ɩɢɬɚɧɧɹ ɮɚɤɬɭ. ȼɨɧɨ ɦɨɠɟ ɜɢɧɨɫɢɬɢ ɪɿɲɟɧɧɹ ɩɪɨ ɩɨɦɢɥɭɜɚɧɧɹ ɿ ɜɫɬɚɧɨɜɥɸɜɚɬɢ ɫɩɪɚɜɟɞɥɢɜɿɫɬɶ ɜ ɤɨɠɧɨɦɭ ɤɨɧɤɪɟɬɧɨɦɭ ɜɢɩɚɞɤɭ. ȼɨɧɨ ɦɚɽ ɩɪɚɜɨ ɫɤɚɫɨɜɭɜɚɬɢ ɩɨɩɟɪɟɞɧɿ ɪɿɲɟɧɧɹ ɣ ɜɢɩɪɚɜɞɚɧɧɹ ɨɛɜɢɧɭɜɚɱɟɧɨɝɨ.

ɉɪɢɫɹɠɧɿ ɜɿɞɿɝɪɚɸɬɶ ɫɜɨɸ ɪɨɥɶ, ɬɿɥɶɤɢ ɹɤɳɨ ɜɢɪɿɲɟɧɧɹ ɫɩɪɚɜɢ ɡɚɥɟɠɢɬɶ ɜɿɞ ɮɚɤɬɿɜ, ɨɫɤɿɥɶɤɢ ʀɯɧɿɦ ɡɚɜɞɚɧɧɹɦ ɫɚɦɟ ɿ ɽ ɜɫɬɚɧɨɜɥɟɧɧɹ ɮɚɤɬɢɱɧɨɝɨ ɛɨɤɭ ɫɩɪɚɜɢ. ȱɧɤɨɥɢ ɫɭɞɞɹ ɜɢɪɿɲɭɽ ɩɢɬɚɧɧɹ ɹɤ ɮɚɤɬɭ, ɬɚɤ ɿ ɩɪɚɜɚ, ɬɨɛɬɨ ɫɚɦɨɫɬɿɣɧɨ ɜɢɪɿɲɭɽ ɜɫɸ ɫɩɪɚɜɭ. ɍ ɫɩɪɚɜɚɯ, ɹɤɿ ɪɨɡɝɥɹɞɚɸɬɶɫɹ ɡɚ ɩɪɢɧɰɢɩɨɦ ɫɩɪɚɜɟɞɥɢɜɨɫɬɿ, ɧɟɦɚɽ ɠɭɪɿ, ɚɥɟ ɫɭɞɞɹ ɦɨɠɟ ɜɞɚɬɢɫɹ ɞɨ ɠɭɪɿ, ɹɤɳɨ ɜɿɧ ɯɨɱɟ, ɳɨɛ ɜɨɧɨ ɜɢɡɧɚɱɚɥɨ ɮɚɤɬɢɱɧɢɣ ɛɿɤ ɫɩɪɚɜɢ. ȼɜɚɠɚɽɬɶɫɹ, ɳɨ ɭɱɚɫɬɶ ɠɭɪɿ ɽ ɜɢɝɿɞɧɨɸ ɞɥɹ ɨɛɜɢɧɭɜɚɱɟɧɨɝɨ ɭ ɤɪɢɦɿɧɚɥɶɧɿɣ ɫɩɪɚɜɿ ɣ ɞɥɹ ɩɨɡɢɜɚɱɚ – ɭ ɰɢɜɿɥɶɧɨɦɭ ɩɪɨɰɟɫɿ. ɀɭɪɿ ɜɢɪɿɲɭɽ, ɱɢ ɽ ɩɿɞɫɭɞɧɢɣ ɜɢɧɧɢɦ ɚɛɨ ɧɟɜɢɧɧɢɦ ɫɬɨɫɨɜɧɨ ɤɨɠɧɨɝɨ ɡɥɨɱɢɧɭ, ɳɨ ɿɧɤɪɢɦɿɧɭɽɬɶɫɹ. əɤɳɨ ɨɛɜɢɧɭɜɚɱɟɧɢɣ ɜɢɡɧɚɽɬɶɫɹ ɜɢɧɧɢɦ, ɬɨ ɩɨɤɚɪɚɧɧɹ ɜɢɡɧɚɱɚɽ ɫɭɞɞɹ.

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LESSON 2. EVIDENCE IS NOT ALWAYS PROOF

PART 1. VOIR DIRE

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.choosing; B. board; C. arrive; D. room where cases are judged; E. appointed; F. legal representative; G. make a formal promise to tell the truth in a court of law; H. ask someone questions to find out if they are suitable for a job etc.; I. potential;

J. neutral; K. process of choosing jurors; L. excuse; M. state that a juror is not acceptable;

N.serving as juror; O. objecting to a candidate; P. excusing a juror for specific reasons; Q. restriction; R. excusing a juror without any specific reasons; S. make sure; T. substitute.

The first step in the selection of the trial jury is the choosing of a “jury panel”. When a person is selected for a jury panel he (or she) will be directed to report, along with other jury members, to a courtroom in which a case is to be heard once the jury is selected. The judge assigned to that case will tell him about the case and will introduce the attorneys and the people involved in the case. He will also take the oath, by which he promises to answer all questions truthfully. Following this explanation of the case and the taking of the oath, the judge and the lawyers will interview him and the other members of the panel (prospective jurors) to find out if he has any personal interest in it, or any feelings that might make it hard for him to be impartial. This process of choosing jurors is called Voir Dire, the phrase meaning “to speak the truth”.

Many of the questions the judge and each of the attorneys ask a person during Vior Dire may seem very personal to him, but he would answer them completely and honestly. The lawyers are trying to make sure that members of the jury do not have past experiences which might prevent them from making an impartial decision.

During Voir Dire the attorneys may ask the judge to excuse any member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. There is no limit on the number of the panel members that the lawyers may have excused for cause.

The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state the reason for asking that the juror be excused. Like challenges for cause, peremptory challenges are designed to allow lawyers to do their best to assure that their clients will have a fair trial. Unlike challenges for cause, however, the number of peremptory challenges is limited.

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Those jurors who have not been challenged become the jury for the case. Depending on the kind of the case, there will be either six or twelve jurors. The judge may also allow selection of one or more alternative jurors, who will serve if one of the jurors is unable to do so because of illness or some other reason.

2. Complete the following sentences with the words you have found in Activity 1.

The process of choosing jurors is called _____________ (1). Potential jurors are interviewed in the open court by each of the attorneys. There are two ways of _____________ (2) potential jurors: “_____________ (3); and “_____________ (4)”. _____________ (5) jurors may be

_____________ (6) for cause for any number of specific reasons. Some of the more obvious ones are that a candidate: is a witness in the case; is related to a party; has some close personal or business relationship to a party; has already _____________(7) in a case involving one or more of the parties; has already formed an opinion or is otherwise _____________(8); is an alcoholic, drug addict, mentally incompetent, or convicted felon; does not speak or understand English well enough to follow the proceeding and participate in jury deliberations. There is no

_____________(9) to the number of _____________(10) jurors who may be _____________

(11) for cause. Each time a _____________(12) juror is _____________ (13), another will

_____________ (14). When they have run out of _____________ (15), each side may exercise its _____________ (16). No reason need be given for peremptorily _____________ (17) a juror, but each party has only a limited number of _____________ (18) challenges. In criminal cases the number of peremptory challenges allowed each party is six in capital cases, four in all other felony cases, and three in misdemeanor cases. Each party is allowed three _____________ (19) in civil cases. Beginning with the complaining party, each side takes turns exercising its peremptory _____________ (20) one at a time. A peremptory challenge is lost when the turn comes to use it and it is not used. When all _____________ (21) are used or passed, the jury is complete. The jury then _____________ (21) to do its duty.

3.Listen to the text from a handbook on the jury service for the U.S. citizens and fill in the gaps. You will hear the text twice.

The right to _____________ (1) of our fellow citizens is one of our most important rights which is guaranteed by the Constitution of the United States. By _____________ (2), then, you are helping to _____________ (3) one of the most important _____________ (4). Your name was _____________ (5) from voter _____________ (6) and placed on a list of _____________

(7). Next, your answers to the Questionnaire for Jurors were _____________ (8) to make sure that you were eligible for _____________ (9) and were not exempt from service. To be

_____________ (10), you must be over 18 years of age, a citizen of the United States, a

_____________ (11) of the country in which you are to serve as a juror, able _____________

(12) in the English language and if you have been convicted of _____________ (13), you must have had your civil rights _____________ (14). People who meet these requirements may be

_____________ (15) from jury service if they have illness that would interfere with their

_____________ (16) to do a good job, would suffer great jury service if required to serve, or are unable to serve for some other reason. You are here because you were found to be eligible for jury duty and were able to serve. You are now part of the `jury pool`, the group of people from which _____________ (17) are chosen. Your job as a juror is to listen to all the

_____________ (18) presented at trial and to ‘decide the facts’ – that is, to decide what really happened. The judge, on the other hand, ‘decides the law’ – that is, makes decisions on

_____________ (19) that come up during the trial. For example, the judge may have to decide whether you and the other jurors may _____________ (20) certain evidence or whether one lawyer may ask a witness a certain _____________ (21). You should not try to decide these legal issues, sometimes you will even be asked to leave _____________ (22) while they are

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being decided. Both your job and that of the judge must be done well if our _____________

(23) of trial by jury is to work. In order to do your job you do not need any special

_____________ (24) or ability. It is enough that you keep an open _____________ (25), concentrate on the evidence being presented, use your _____________ (26), and be fair and

_____________ (27). Finally, you should not be _____________ (28) by sympathy or prejudice: it is vital that you be _____________ (29) with regard to all people and all ideas.

4.Explain the meaning of the following word-combinations related to the choosing of the jury from the text.

Trial by a jury; citizen; to guarantee; to serve on a jury; to select at random; voter; registration records; list of potential jurors; to be eligible for service; a resident; to be convicted; a felony; to restore rights; requirements; to be excused from jury service; to interfere with; to suffer hardship; `jury pool`; a juror; evidence; to decide the fact; to decide the question of law; a courtroom; a judge; a system of trial by jury; knowledge; ability; to keep an open mind; to use common sense; to be fair; to be honest; not to be influenced; prejudice; to be impartial; to regard; to learn `from the inside`; to find something challenging; experience.

5.Work in pairs. Fill in the table below on the basis of exercises 1-3. Then use the table to tell your partner everything you know about the selection of the jury.

SELECTION OF THE TRIAL JURY

Where should a prospective juror go first?

What does the judge tell the prospective jurors?

Why do the prospective jurors take the oath?

What is the purpose of interviewing the prospective jurors?

Why may the prospective jurors be excused from sitting on the jury?

What is challenge for cause?

What is peremptory challenge?

How many challenges for cause are allowed?

How many peremptory challenges are allowed?

How many jurors may there be on the panel?

What is the function of alternative jurors?

SERVING ON A JURY AS A CITIZEN’S DUTY

Requirements for prospective jurors

Reasons to be excused from jury service

The functions of a juror

The functions of the judge

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6.Work in pairs. Put the verb into the correct form using the passive. There is an example at the beginning (0).

0. The courtroom (clean) every day. – The courtroom is cleaned every day.

1.When you (select) for a jury panel you (direct) to report to a

courtroom in which a case is (hear) once a jury (select).

2. The prospective jurors (question) by the judge and the lawyers.

3. The process of questioning (call) Voir Dire.

4. The questions (answer) completely and honestly.

5. The decision should (make) impartially.

6. Any member of the panel may (excuse) from sitting on the jury for this particular case by the judge.

7.If one of the jurors has had a car stolen and still feels angry or upset about it, the attorney for the person accused of the theft could ask that the juror (excuse) for that reason.

8.Please try not to take offence if you (excuse) from serving on a particular jury.

9.If you (excuse), you will either return to the juror waiting area and wait (call) for another panel or (excuse) from service, depending on the local procedures in the county in which you live.

7.Write a survey report on the choosing a jury in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

8. Translate into English

Ⱦɨɛɿɪ ɩɪɢɫɹɠɧɢɯ. ɉɪɨɰɟɫ ɞɨɛɨɪɭ ɩɪɢɫɹɠɧɢɯ ɧɚɡɢɜɚɽɬɶɫɹ voir dire (ɮɪ. «ɤɚɡɚɬɢ ɩɪɚɜɞɭ»). ɉɨɬɟɧɰɿɣɧɿ ɤɚɧɞɢɞɚɬɢ ɭ ɩɪɢɫɹɠɧɿ ɩɪɨɯɨɞɹɬɶ ɫɩɿɜɛɟɫɿɞɢ ɡ ɚɞɜɨɤɚɬɚɦɢ ɫɬɨɪɿɧ ɧɚ ɜɿɞɤɪɢɬɨɦɭ ɫɭɞɨɜɨɦɭ ɡɚɫɿɞɚɧɧɿ. ȱɫɧɭɽ ɞɜɚ ɲɥɹɯɢ ɜɿɞɜɟɞɟɧɧɹ ɤɚɧɞɢɞɚɬɿɜ ɭ ɩɪɢɫɹɠɧɿ: «ɜɿɞɜɟɞɟɧɧɹ ɧɚ ɤɨɧɤɪɟɬɧɿɣ ɩɿɞɫɬɚɜɿ» ɬɚ «ɜɿɞɜɟɞɟɧɧɹ ɛɟɡ ɧɚɜɟɞɟɧɧɹ ɩɪɢɱɢɧ».

Ʉɚɧɞɢɞɚɬɢ ɭ ɩɪɢɫɹɠɧɿ ɦɨɠɭɬɶ ɜɿɞɜɨɞɢɬɢɫɹ ɧɚ ɤɨɧɤɪɟɬɧɿɣ ɩɿɞɫɬɚɜɿ ɡ ɰɿɥɨʀ ɧɢɡɤɢ ɩɪɢɱɢɧ. ɇɚɣɩɨɲɢɪɟɧɿɲɢɦɢ ɡ ɧɢɯ ɽ ɬɚɤɿ: ɩɪɢɫɹɠɧɢɣ: ɽ ɫɬɨɪɨɧɨɸ ɚɛɨ ɫɜɿɞɤɨɦ ɭ ɫɩɪɚɜɿ; ɽ ɪɨɞɢɱɟɦ ɛɭɞɶ-ɹɤɨʀ ɫɬɨɪɨɧɢ; ɦɚɽ ɛɥɢɡɶɤɿ ɩɿɞɩɪɢɽɦɧɢɰɶɤɿ ɚɛɨ ɨɫɨɛɢɫɬɿ ɫɬɨɫɭɧɤɢ ɡ ɛɭɞɶɹɤɨɸ ɫɬɨɪɨɧɨɸ; ɜɠɟ ɦɚɽ ɜɥɚɫɧɭ ɬɨɱɤɭ ɡɨɪɭ ɚɛɨ ɭɩɟɪɟɞɠɟɧɿɫɬɶ ɳɨɞɨ ɨɞɧɿɽʀ ɿɡ ɫɬɨɪɿɧ; ɽ ɚɥɤɨɝɨɥɿɤɨɦ, ɧɚɪɤɨɦɚɧɨɦ, ɩɫɢɯɿɱɧɨ ɯɜɨɪɢɦ ɚɛɨ ɜɱɢɧɢɜ ɬɹɠɤɢɣ ɡɥɨɱɢɧ; ɧɟɞɨɫɬɚɬɧɶɨ ɜɨɥɨɞɿɽ ɚɧɝɥɿɣɫɶɤɨɸ ɦɨɜɨɸ, ɚɛɢ ɫɥɿɞɤɭɜɚɬɢ ɡɚ ɫɭɞɨɜɨɸ ɩɪɨɰɟɞɭɪɨɸ ɬɚ ɛɪɚɬɢ ɭɱɚɫɬɶ ɭ ɡɚɫɿɞɚɧɧɿ ɩɪɢɫɹɠɧɢɯ. ɇɟ ɿɫɧɭɽ ɨɛɦɟɠɟɧɶ ɳɨɞɨ ɤɿɥɶɤɨɫɬɿ ɩɨɬɟɧɰɿɣɧɢɯ ɩɪɢɫɹɠɧɢɯ, ɹɤɿ ɦɨɠɭɬɶ ɛɭɬɢ ɜɿɞɜɟɞɟɧɿ ɧɚ ɤɨɧɤɪɟɬɧɿɣ ɩɿɞɫɬɚɜɿ. Ʉɨɠɧɨɝɨ ɪɚɡɭ, ɤɨɥɢ ɜɿɞɜɨɞɢɬɶɫɹ ɱɟɪɝɨɜɢɣ ɤɚɧɞɢɞɚɬ ɭ ɩɪɢɫɹɠɧɿ, ɧɚ ɣɨɝɨ ɦɿɫɰɟ ɡɚɩɪɨɲɭɸɬɶ ɿɧɲɨɝɨ.

Ʉɨɥɢ ɨɛɢɞɜɿ ɫɬɨɪɨɧɢ ɜɢɱɟɪɩɚɥɢ ɦɨɠɥɢɜɨɫɬɿ ɜɿɞɜɨɞɭ ɧɚ ɤɨɧɤɪɟɬɧɿɣ ɩɿɞɫɬɚɜɿ, ɜɨɧɢ ɦɨɠɭɬɶ ɜɢɤɨɪɢɫɬɚɬɢ ɫɜɨɽ ɩɪɚɜɨ ɧɚ ɜɿɞɜɿɞ ɛɟɡ ɡɚɡɧɚɱɟɧɧɹ ɩɪɢɱɢɧɢ. Ⱦɥɹ ɰɶɨɝɨ ɧɟ ɩɨɬɪɿɛɧɨ ɡɚɡɧɚɱɚɬɢ ɩɪɢɱɢɧɭ, ɚɥɟ ɤɨɠɧɚ ɫɬɨɪɨɧɚ ɦɚɽ ɨɛɦɟɠɟɧɧɹ ɳɨɞɨ ɤɿɥɶɤɨɫɬɿ ɜɿɞɜɟɞɟɧɶ ɛɟɡ ɡɚɡɧɚɱɟɧɧɹ ɩɪɢɱɢɧɢ. ɍ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜɚɯ ɡ ɜɢɳɨɸ ɦɿɪɨɸ ɩɨɤɚɪɚɧɧɹ ɤɨɠɧɚ ɫɬɨɪɨɧɚ ɦɨɠɟ ɜɢɤɨɪɢɫɬɚɬɢ ɩɪɚɜɨ ɜɿɞɜɨɞɭɛɟɡɡɚɡɧɚɱɟɧɧɹɩɪɢɱɢɧɢ 6 ɪɚɡɿɜ, ɜɿɧɲɢɯɤɪɢɦɿɧɚɥɶɧɢɯɫɩɪɚɜɚɯɳɨɞɨɬɹɠɤɢɯɡɥɨɱɢɧɿɜ– 4 ɪɚɡɢ, ɚ ɭ ɫɩɪɚɜɚɯ ɳɨɞɨ ɧɟɡɧɚɱɧɢɯ ɩɪɚɜɨɩɨɪɭɲɟɧɶ – 3 ɪɚɡɢ. ɍ ɰɢɜɿɥɶɧɢɯ ɫɩɪɚɜɚɯ ɤɨɠɧɚ ɫɬɨɪɨɧɚɦɨɠɟɜɢɤɨɪɢɫɬɨɜɭɜɚɬɢɩɪɚɜɨɜɿɞɜɨɞɭɛɟɡɡɚɡɧɚɱɟɧɧɹɩɪɢɱɢɧɢɥɢɲɟ 3 ɪɚɡɢ. ɉɨɱɢɧɚɸɱɢ ɿɡ ɡɚɹɜɧɢɤɚ, ɤɨɠɧɚ ɫɬɨɪɨɧɚ ɩɨ ɱɟɪɡɿ ɜɢɤɨɪɢɫɬɨɜɭɽ ɫɜɨɽ ɩɪɚɜɨ ɜɿɞɜɨɞɭ ɛɟɡ ɡɚɡɧɚɱɟɧɧɹ ɩɪɢɱɢɧɢ. ɋɬɨɪɨɧɚ ɜɬɪɚɱɚɽ ɩɪɚɜɨ ɧɚ ɨɞɢɧ ɜɿɞɜɿɞ ɛɟɡ ɡɚɡɧɚɱɟɧɧɹ ɩɪɢɱɢɧɢ, ɤɨɥɢ ɧɚɞɯɨɞɢɬɶ ɱɟɪɝɚ ɣɨɝɨ ɜɢɤɨɪɢɫɬɚɧɧɹ, ɚɥɟɬɚɤɟɩɪɚɜɨɧɟɜɢɤɨɪɢɫɬɨɜɭɽɬɶɫɹ. Ʉɨɥɢɤɨɠɧɚɫɬɨɪɨɧɚɜɢɱɟɪɩɭɽɥɿɦɿɬɜɿɞɜɨɞɿɜ ɛɟɡ ɡɚɡɧɚɱɟɧɧɹ ɩɪɢɱɢɧɢ, ɮɨɪɦɭɜɚɧɧɹ ɫɤɥɚɞɭ ɠɭɪɿ ɡɚɜɟɪɲɭɽɬɶɫɹ. ɉɨɬɿɦ ɱɥɟɧɿɜ ɠɭɪɿ ɩɪɢɜɨɞɹɬɶ ɞɨɩɪɢɫɹɝɢɳɨɞɨɧɚɥɟɠɧɨɝɨɜɢɤɨɧɚɧɧɹʀɯɧɿɯɨɛɨɜ’ɹɡɤɿɜ.

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PART 2. OPENING STATEMENTS

1.Work in pairs. In the text below find the words that correspond in the meaning to the words and word combinations in the box.

A.speech; B. summarize; C. problem; D. prove; E. aim; F. continue; G. based on fact; H. aggressive; I. obligatory; J. important; K. chance; L. future;

M.main; N. present; O. character; P. meant

After the judge gives the preliminary instructions, the attorneys for the parties give their opening statements to the jury. During opening statements, the lawyers outline the issues in the case and tell the jury what they expect the evidence will prove during the trial. The purpose of the opening statement is to give a general picture of the facts and issues to help the jury better understand the evidence. The opening statements usually last ten to thirty minutes, although sometimes they are much longer. The judge can limit the time for opening statements. Usually an attorney will present his opening statement as a story, giving a chronological summary of what happened from the party’s viewpoint. Although the attorneys will present the case in the best possible light for their clients, the opening statements should be factual, not argumentative. The opening statements are not evidence, and the attorneys should not present their opinion of the evidence. Attorneys are not permitted to make statements that cannot be supported by the evidence they expect to present during the trial. An opening statement is made by the attorneys for each side at the start of the trial. The opening statement, although not mandatory, is seldom waived because it is a valuable opportunity to give a general idea of the case to the jury and to explain the anticipated proof that will be presented during the trial. The primary purpose of an opening statement is to explain the fact to the Trier, jury or court, of the issues in question and to summarize the evidence that the party intends to offer during the trial. The Supreme Court has characterized an opening statement as intended to inform the jury in a general way of the nature of the action and defense so that they may better be prepared to understand the evidence.

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2.Substitute the italicised words and word combinations in the following sentences with the words you have found in Activity 1.

The opening speech, which is not obligatory, is meant to inform the jury of the character of the action, so that the jurors may better understand the future evidence which will be presented during the trial. This is an important chance to summarize the problems of the case to the jury. The main aim of the opening speech, which usually continues for ten to thirty minutes, is to help a party to establish its evidence during the trial. That is why the attorneys’ presentation of the case during their opening speeches will never be aggressive, but will be exclusively based on fact instead.

3.Listen to the text on the trial procedure in US courts and fill in the gaps. You will hear the text twice.

Opening _____________ (1) are often informal. The

_____________ (2) tells the client's story and explains to the

_____________ (3) what the evidence will show. An opening _____________ (4), however, does not present _____________ (5), and the jury cannot use it in reaching a verdict. The opening statement should be short and general.

An attorney may not discuss inadmissible _____________

(6). The attorney must believe that the opening statement will

be supported by the evidence. In addition, statements that are

purely _____________ (7) are not proper during opening statements. An attorney may not express personal opinions, comment about the evidence, or

_____________ (8) about the credibility of a witness during an opening statement. Objections by

_____________ (9) counsel during an opening statement may be proper if the _____________

(10) presenting the opening statement engages in improper conduct. A _____________ (11) usually has several remedies for misconduct during an opening statement. The most common

_____________ (12) for misconduct during an opening statement is jury admonition, when the judge instructs the _____________ (13) to disregard the improper statement. Attorneys must use caution during the opening _____________ (14) to avoid making damaging admissions. The court may decide the case after the opening statement and before the _____________ (15) has the opportunity to hear the evidence. A court can take the case from the jury where it is clear from the opening statement that the _____________ (16) cannot succeed or that the defendant has no valid __________ (17). This is usually done by an attorney bringing a _____________

(18) for a direct verdict. A strong opening statement may have a great influence on the jurors. The opening _____________ (19) begins the process of persuasion, the final goal of which is a favorable _____________ (20).

4. Explain the meaning of the following word-combinations related to the opening statements from the text.

Opening statements; attorney; jury; evidence; reach a verdict; rely on; inadmissible evidence; motion; supported by the evidence; purely argumentative; proper; witness; credibility of a witness; appropriate; objections; opposing counsel; improper conduct; misconduct; remedy; jury admonition; instruct the jury; disregard; improper statement; based on; damaging statements; caution; avoid; decide the case; plaintiff; defendant; valid defense; direct verdict; process of persuasion; favorable verdict.

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5.Work in pairs. Fill in the table below on the basis of exercises 1-3. Then use the table to tell your partner everything you know about the attorneys’ opening statements.

OPENING STATEMENTS TO THE JURY

The content of the opening statements

The purpose of the opening statements

The duration of the opening statements

What will an attorney usually present in the opening statement?

Things the attorneys should not present in the opening statement

The opening statement is seldom waived. Why?

The primary purpose of an opening statement

ATTORNEYS’ CONDUCT WHEN PRESENTING OPENING STATEMENTS TO THE JURY

Opening statements’ characteristics

Things an attorney may not discuss in the opening statement

Situations when objections by opposing counsel during an opening statement may be proper

Remedies for attorneys’ misconduct during opening statements

Situations when court may decide the case after the opening statement

How can opening statements influence a verdict?

6.Write a survey report on the main aims and principles of opening statements in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

ɉɿɫɥɹ ɧɚɩɭɬɧɿɯ ɫɥɿɜ ɫɭɞɞɿ ɚɞɜɨɤɚɬɢ ɫɬɨɪɿɧ ɜɢɫɬɭɩɚɸɬɶ ɿɡ ɜɫɬɭɩɧɢɦɢ ɩɪɨɦɨɜɚɦɢ, ɩɪɢɡɧɚɱɟɧɢɦɢ ɞɥɹ ɩɪɢɫɹɠɧɢɯ ɡɚɫɿɞɚɬɟɥɿɜ, ɩɪɨɬɹɝɨɦ ɹɤɢɯ ɚɞɜɨɤɚɬɢ ɭ ɪɨɡɦɨɜɧɿɣ ɮɨɪɦɿ ɜɢɤɥɚɞɚɸɬɶ ɮɚɤɬɢɱɧɢɣ ɛɿɤ ɫɩɪɚɜɢ ɣ ɨɤɪɟɫɥɸɸɬɶ ɪɟɱɿ, ɹɤɿ ɫɬɨɪɨɧɚ ɛɭɞɟ ɧɚɦɚɝɚɬɢɫɹ ɞɨɜɟɫɬɢ ɩɪɨɬɹɝɨɦ ɫɥɭɯɚɧɧɹ. Ɇɟɬɨɸ ɜɫɬɭɩɧɢɯ ɩɪɨɦɨɜ ɽ ɡɚɝɚɥɶɧɢɣ ɜɢɤɥɚɞ ɮɚɤɬɿɜ ɬɚ ɩɢɬɚɧɶ, ɳɨ ɛɭɞɭɬɶ ɪɨɡɝɥɹɞɚɬɢɫɹ ɞɚɥɿ, ɚɛɢ ɞɨɩɨɦɨɝɬɢ ɩɪɢɫɹɠɧɢɦ ɤɪɚɳɟ ɪɨɡɭɦɿɬɢ ɡɦɿɫɬ ɦɚɣɛɭɬɧɿɯ ɫɜɿɞɱɟɧɶ. ȼɫɬɭɩɧɿ ɩɪɨɦɨɜɢ ɡɚɡɜɢɱɚɣ ɬɪɢɜɚɸɬɶ ɧɟɞɨɜɝɨ – ɜɿɞ ɞɟɫɹɬɢ ɞɨ ɩ’ɹɬɧɚɞɰɹɬɢ ɯɜɢɥɢɧ, ɨɞɧɚɤ ɜ ɨɤɪɟɦɢɯ ɜɢɩɚɞɤɚɯ ɜɨɧɢ ɦɨɠɭɬɶ ɡɚɬɹɝɭɜɚɬɢɫɹ ɿ ɬɨɞɿ ɫɭɞɞɹ ɦɨɠɟ ɩɨɩɟɪɟɞɢɬɢ ɚɞɜɨɤɚɬɚ. ȱɧɨɞɿ ɫɭɞɞɿ ɧɚɩɟɪɟɞ ɜɫɬɚɧɨɜɥɸɸɬɶ ɪɟɝɥɚɦɟɧɬ ɞɥɹ ɜɫɬɭɩɧɢɯ ɩɪɨɦɨɜ. Ⱥɞɜɨɤɚɬɢ ɫɬɨɪɿɧ ɧɚɦɚɝɚɸɬɶɫɹ ɜɢɤɥɚɞɚɬɢ ɡɦɿɫɬ ɦɚɤɫɢɦɚɥɶɧɨ ɩɪɨɫɬɨ, ɹɤ ɪɨɡɩɨɜɿɞɶ ɭ

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ɯɪɨɧɨɥɨɝɿɱɧɿɣ ɩɨɫɥɿɞɨɜɧɨɫɬɿ ɩɪɨ ɮɚɤɬɢ, ɹɤ ɜɨɧɢ ɦɚɥɢ ɦɿɫɰɟ ɡ ɬɨɱɤɢ ɡɨɪɭ ɜɿɞɩɨɜɿɞɧɨʀ ɫɬɨɪɨɧɢ. ɉɪɢ ɰɶɨɦɭ ɚɞɜɨɤɚɬɢ ɚɞɚɩɬɭɸɬɶ ɡɦɿɫɬ, ɜɪɚɯɨɜɭɸɱɢ ɨɫɜɿɬɧɿɣ ɬɚ ɿɧɬɟɥɟɤɬɭɚɥɶɧɢɣ ɪɿɜɟɧɶ ɩɪɢɫɹɠɧɢɯ. ɏɨɱɚ ɚɞɜɨɤɚɬɢ ɩɪɢɪɨɞɧɨ ɧɚɦɚɝɚɸɬɶɫɹ ɜɢɤɥɚɞɚɬɢ ɮɚɤɬɢ ɭ ɧɚɣɛɿɥɶɲ ɜɢɝɿɞɧɨɦɭ ɞɥɹ ɫɬɨɪɨɧɢ ɫɜɿɬɥɿ, ʀɦ ɧɟ ɞɨɡɜɨɥɹɸɬɶ ɜɢɫɥɨɜɥɸɜɚɬɢ ɜɥɚɫɧɭ ɬɨɱɤɭ ɡɨɪɭ ɣ ɱɢɧɢɬɢ ɬɢɫɤ ɧɚ ɩɪɢɫɹɠɧɢɯ, ɛɨ ɜɫɬɭɩɧɚ ɩɪɨɦɨɜɚ ɧɟ ɽ ɡɚɫɨɛɨɦ ɩɨɞɚɧɧɹ ɞɨɤɚɡɿɜ. Ⱥɞɜɨɤɚɬɚɦ ɧɟ ɦɨɠɧɚ ɪɨɛɢɬɢ ɡɚɹɜɢ, ɧɟ ɩɿɞɤɪɿɩɥɟɧɿ ɧɚɹɜɧɢɦɢ ɞɨɤɚɡɚɦɢ. ȼɫɬɭɩɧɿ ɩɪɨɦɨɜɢ ɜɢɝɨɥɨɲɭɸɬɶɫɹ ɧɚ ɩɨɱɚɬɤɭ ɫɭɞɨɜɨɝɨ ɫɥɭɯɚɧɧɹ. ɏɨɱɚ ɡɝɚɞɚɧɿ ɩɪɨɦɨɜɢ ɧɟ ɽ ɨɛɨɜ’ɹɡɤɨɜɢɦɢ, ɜɿɞ ɧɢɯ ɪɿɞɤɨ ɜɿɞɦɨɜɥɹɸɬɶɫɹ, ɨɫɤɿɥɶɤɢ ɜɨɧɢ ɽ ɰɿɧɧɨɸ ɧɚɝɨɞɨɸ ɜɢɤɥɚɫɬɢ ɜɥɚɫɧɭ ɬɨɱɤɭ ɡɨɪɭ ɩɪɢɫɹɠɧɢɦ ɣ ɩɨɹɫɧɢɬɢ ɡɧɚɱɟɧɧɹ ɦɚɣɛɭɬɧɿɯ ɫɜɿɞɱɟɧɶ, ɳɨ ɨɱɿɤɭɸɬɶɫɹ ɩɪɨɬɹɝɨɦ ɫɥɭɯɚɧɧɹ ɫɩɪɚɜɢ. Ƚɨɥɨɜɧɨɸ ɦɟɬɨɸ ɰɢɯ ɩɪɨɦɨɜ ɽ ɜɢɤɥɚɞ ɮɚɤɬɢɱɧɨɝɨ ɛɨɤɭ ɫɩɪɚɜɢ ɡ ɬɨɱɤɢ ɡɨɪɭ ɜɿɞɩɨɜɿɞɧɨʀ ɫɬɨɪɨɧɢ ɣ ɭɡɚɝɚɥɶɧɟɧɧɹ ɫɜɿɞɱɟɧɶ, ɹɤɿ ɡɝɚɞɚɧɚ ɫɬɨɪɨɧɚ ɦɚɽ ɧɚɦɿɪ ɩɨɞɚɬɢ ɩɪɨɬɹɝɨɦ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ. ȼɟɪɯɨɜɧɢɣ ɫɭɞ ɋɒȺ ɯɚɪɚɤɬɟɪɢɡɭɽ ɜɫɬɭɩɧɿ ɩɪɨɦɨɜɢ ɚɞɜɨɤɚɬɿɜ ɹɤ ɡɚɫɿɛ ɿɧɮɨɪɦɭɜɚɧɧɹ ɩɪɢɫɹɠɧɢɯ ɳɨɞɨ ɫɭɬɿ ɬɨɝɨ, ɳɨ ɬɪɚɩɢɥɨɫɹ, ɚ ɬɚɤɨɠ ɳɨɞɨ ɡɚɝɚɥɶɧɢɯ ɩɪɢɧɰɢɩɿɜ ɡɚɯɢɫɬɭ ɭ ɫɩɪɚɜɿ, ɚɛɢ ɤɪɚɳɟ ɩɿɞɝɨɬɭɜɚɬɢ ɠɭɪɿ ɞɨ ɡɚɫɥɭɯɨɜɭɜɚɧɧɹ ɫɜɿɞɱɟɧɶ.

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PART 3. THE PROOF OF THE PUDDING IS IN

THE EATING

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.introduce; B. person who sees a crime or accident take place; C. force; D. be present at; E. legal document ordering to come to court and give evidence; F. evidence; G. material;

H. killing; I. instrument; J. indirect; K. trustworthy; L. guilty verdict; M. keep to; N. such that meets the requirements of law; O. connected to the matter in hand; P. permit; Q. previous; R. history; S. prohibited; T. perform; U. present; V. prejudice; W. rumor.

HOW EVIDENCE IS PRESENTED

Evidence is almost always presented through witnesses. In fact, witnesses are so important that they can be compelled to attend the trial. A “subpoena” is a court order commanding a witness to appear in court and give testimony. Witnesses may tell about events they saw or heard, give expert opinions, or testify about other matters. Even tangible evidence, such as a murder weapon or a document, must normally be introduced through the testimony of witnesses. Evidence may be direct or circumstantial. Contrary to popular opinion, circumstantial evidence is often reliable evidence. Even criminal convictions can be based on circumstantial evidence. The jury can use the circumstantial evidence and other evidence to determine the facts.

The parties are not free to present any evidence, in any way they please, but must abide by the rules of evidence. The main purpose of the rules of evidence is to prevent a jury from being influenced by unreliable evidence. The rules of evidence require that evidence must be competent and relevant to the case being tried.

There are certain kinds of evidence which cannot be presented. Some evidence is said to be incompetent, and cannot be allowed or admitted into the case. For example, evidence of a defendant’s prior criminal record is normally inadmissible in a criminal case. Evidence of his past crimes is not proof that he committed the crime which is the bases of the current case, and serves only to bias the jury against him. Similarly, a witness cannot testify third-hand to what another person said or saw. This kind of testimony is hearsay. A witness cannot testify that, “Joe said he saw Sam in his house.” The proper way to establish Sam’s whereabouts is to put Joe on the stand so he (Joe) can testify, “I saw Sam in his house.”

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2.Substitute the italicized words and word combinations in the following sentences with the words you have found in activity 1.

Certain kinds of evidence cannot be introduced. Testimony which is based on hearsay is not permitted. Some evidence, such as that of a defendant’s previous criminal history, may not meet the requirements of law, and thus can not be permitted in the case either. Such evidence is usually prohibited in a criminal procedure. The defendant’s crimes in the past can not be regarded as a proof that he performed the present crime. Besides, such information may prejudice the jury against him. The parties in introducing their evidence should keep to the rules of evidence, which require that evidence must meet the requirements of law and be connected to the matter in hand. Evidence, even material one, such as an instrument of killing, should be introduced through persons who saw a crime or accident take place. Those persons can be even forced to be present at the trial by means of a legal document ordering to come to court and give evidence. In contrast to many people’s illusion, indirect evidence may be trustworthy to the extent that some guilty verdicts in criminal cases are based on such evidence.

3.Listen to the text on the presentation of evidence in US courts and fill in the gaps. You will hear the text twice.

All the __________ (1) are entitled to __________ (2) evidence. The

__________ (3) of witnesses who testify at trial is evidence.

__________ (4) may also take the form of physical exhibits, such as

gun or a photograph. On occasion, the written testimony of people

not able to __________ (5) the trial may also be evidence in the

cases you will hear.

Many things you will see and hear during the __________ (7) are not evidence. For example, what the attorneys say in their __________ (8) and closing statements is not evidence. Physical exhibits offered by the __________ (9), but not admitted by the

judge, are also to be disregarded, as is testimony that the __________

(10) orders strike off the record.

Many times during the trial the attorneys may make objections to evidence __________ (11) by the other side or to questions asked by the other attorney. __________ (12) are allowed to object to these things when they consider them improper under the laws of __________ (13). It is up to the judge to __________ (14), whether each objection was valid or invalid, and whether, therefore, the evidence can be __________ (15) or the question allowed. If the objection was

__________ (16), the judge will sustain the objection. If the objection was not valid, the judge will overrule the __________ (17). These rulings do not reflect the judge’s opinion of the case or whether the judge favours or does not __________ (18) the evidence or the question to which there has been an objection.

It is the duty of a juror to decide the weight or importance of __________ (19) or testimony allowed by the judge. The juror is also the sole judge of the credibility of __________ (20), that is, of whether their __________ (21) is believable. In considering credibility, a juror may take into account the witnesses’ opportunity and ability to observe the events about which they are testifying, their memory and manner while __________ (22), the reasonableness of their

__________ (23) when considered in the light of all the other evidence in the case, their possible bias or __________ (24), and any other factors that bear on the __________ (25) of the testimony or on the importance to be given that testimony.

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4. Explain the meaning of the following word-combinations from the text.

Party; be entitled; evidence; present evidence; testimony; give testimony; witness; testify; exhibits; attorney; opening statements; closing statements; offer; admit; judge; disregarded; strike off; record; trial; objections; valid (invalid); sustain the objection; overrule the objection; rulings; reflect; judge’s opinion of the case; to favour; favour the evidence; juror; weight of evidence; importance of evidence; sole judge; credibility of witnesses; believable; take into account; opportunity and ability to observe the events; reasonableness of testimony; in the light of all the evidence in the case; bias; bear on.

5.Work in pairs. Fill in the table below on the basis of exercises 1 and 3. Then use the table to tell your partner everything you know about the presentation of evidence and witnesses.

HOW EVIDENCE IS PRESENTED

How is evidence usually presented?

What is ‘subpoena’?

What is ‘tangible evidence’?

Can circumstantial evidence be reliable?

What is the purpose of the rules of evidence?

What kinds of evidence cannot be presented?

PRESENTATION OF EVIDENCE AND WITNESSES

What is ‘evidence’ and what forms may it have?

What is not ‘evidence’?

When may the attorneys make objections to the evidence presented by the other side?

What does the judge do if the objection is valid?

What does the judge do if the objection is invalid?

What is the duty of a juror concerning evidence or testimony?

6.Write a survey report on the presentation of evidence and witnesses in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

Ⱦɨɤɚɡɢ ɦɚɣɠɟ ɡɚɜɠɞɢ ɩɨɞɚɸɬɶɫɹ ɫɜɿɞɤɚɦɢ. ɋɜɿɞɤɢ ɽ ɧɚɫɬɿɥɶɤɢ ɜɚɠɥɢɜɢɦɢ ɜ ɛɭɞɶ-ɹɤɿɣ ɫɩɪɚɜɿ, ɳɨ ɡɚɤɨɧ ɩɟɪɟɞɛɚɱɚɽ ɦɨɠɥɢɜɿɫɬɶ ʀɯ ɩɪɢɦɭɫɨɜɨɝɨ ɩɪɢɜɟɞɟɧɧɹ ɞɨ ɫɭɞɭ ɞɥɹ ɩɨɞɚɧɧɹ

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ɫɜɿɞɱɟɧɶ. «ɉɨɜɿɫɬɤɚ ɩɪɨ ɹɜɤɭ ɞɨ ɫɭɞɭ» – ɰɟ ɫɭɞɨɜɢɣ ɧɚɤɚɡ ɫɜɿɞɤɭ ɡ’ɹɜɢɬɢɫɹ ɞɨ ɫɭɞɭ ɬɚ ɞɚɬɢ ɫɜɿɞɱɟɧɧɹ. ɋɜɿɞɤɢ ɦɨɠɭɬɶ ɪɨɡɩɨɜɿɞɚɬɢ ɩɪɨ ɩɨɞɿʀ, ɹɤɿ ɜɨɧɢ ɛɚɱɢɥɢ ɚɛɨ ɩɪɨ ɹɤɿ ɱɭɥɢ, ɞɚɜɚɬɢ ɟɤɫɩɟɪɬɧɭ ɨɰɿɧɤɭ ɱɢ ɫɜɿɞɱɟɧɧɹ ɡ ɿɧɲɢɯ ɩɢɬɚɧɶ. ɇɚɜɿɬɶ ɬɚɤɿ ɨɱɟɜɢɞɧɿ ɞɨɤɚɡɢ, ɹɤ ɡɧɚɪɹɞɞɹ ɜɛɢɜɫɬɜɚ ɚɛɨ ɞɨɤɭɦɟɧɬɢ, ɩɨɜɢɧɧɿ ɡɚɡɜɢɱɚɣ ɩɨɞɚɜɚɬɢɫɹ ɱɟɪɟɡ ɫɜɿɞɱɟɧɧɹ ɫɜɿɞɤɚ. ɋɜɿɞɱɟɧɧɹ ɦɨɠɭɬɶ ɛɭɬɢ ɩɪɹɦɢɦɢ ɬɚ ɧɟɩɪɹɦɢɦɢ. ɍɫɭɩɟɪɟɱ ɩɨɲɢɪɟɧɿɣ ɞɭɦɰɿ ɧɟɩɪɹɦɿ ɞɨɤɚɡɢ ɧɟɪɿɞɤɨ ɛɭɜɚɸɬɶ ɞɨɫɬɚɬɧɶɨ ɧɚɞɿɣɧɢɦɢ. ɇɚɜɿɬɶ ɜɢɪɨɤɢ ɭ ɤɪɢɦɿɧɚɥɶɧɢɯ ɫɩɪɚɜɚɯ ɦɨɠɭɬɶ ʉɪɭɧɬɭɜɚɬɢɫɹ ɧɚ ɧɟɩɪɹɦɢɯ ɞɨɤɚɡɚɯ. Ɍɚɤ, ɞɥɹ ɜɫɬɚɧɨɜɥɟɧɧɹ ɮɚɤɬɭ ɡɥɨɱɢɧɭ ɠɭɪɿ ɩɪɢɫɹɠɧɢɯ ɦɨɠɟ ɜɢɤɨɪɢɫɬɨɜɭɜɚɬɢ ɹɤ ɩɪɹɦɿ, ɬɚɤ ɿ ɿɧɲɿ ɫɜɿɞɱɟɧɧɹ. ɋɬɨɪɨɧɢ ɧɟ ɦɨɠɭɬɶ ɩɪɟɞɫɬɜɥɹɬɢ ɞɨɤɚɡɢ ɹɤ ɡɚɜɝɨɞɧɨ, ɚ ɦɚɸɬɶ ɞɨɬɪɢɦɭɜɚɬɢɫɹ ɩɪɚɜɢɥ ʀɯ ɩɨɞɚɧɧɹ. Ɉɫɧɨɜɧɨɸ ɦɟɬɨɸ ɬɚɤɢɯ ɩɪɚɜɢɥ ɽ ɡɚɩɨɛɿɝɚɧɧɹ ɜɩɥɢɜɭ ɧɟɧɚɞɿɣɧɢɯ ɞɨɤɚɡɿɜ ɧɚ ɪɿɲɟɧɧɹ ɠɭɪɿ. ɉɪɚɜɢɥɚ ɩɨɞɚɧɧɹ ɞɨɤɚɡɿɜ ɜɢɦɚɝɚɸɬɶ, ɳɨɛ ɜɨɧɢ ɛɭɥɢ ɩɪɚɜɨɦɨɱɧɢɦɢ ɣ ɦɚɥɢ ɜɿɞɧɨɲɟɧɧɹ ɞɨ ɫɩɪɚɜɢ, ɹɤɚ ɪɨɡɝɥɹɞɚɽɬɶɫɹ. Ⱦɨɤɚɡɢ ɦɨɠɭɬɶ ɛɭɬɢ ɩɪɚɜɨɦɨɱɧɢɦɢ, ɚɥɟ ɧɟ ɦɚɬɢ ɜɿɞɧɨɲɟɧɧɹ ɞɨ ɫɩɪɚɜɢ, ɳɨ ɪɨɡɝɥɹɞɚɽɬɶɫɹ. Ɍɚɤɿ ɞɨɤɚɡɢ ɽ ɧɟɪɟɥɟɜɚɧɬɧɢɦɢ (ɬɨɛɬɨ ɧɟ ɦɚɸɬɶ ɜɿɞɧɨɲɟɧɧɹ ɞɨ ɫɩɪɚɜɢ) ɚɛɨ ɧɟɩɪɢɩɭɫɬɢɦɢɦɢ (ɬɨɛɬɨ ɧɟ ɦɨɠɭɬɶ ɛɭɬɢ ɩɪɢɣɧɹɬɿ ɫɭɞɨɦ). Ⱦɨɤɚɡɢ ɦɨɠɭɬɶ ɛɭɬɢ ɩɪɚɜɨɦɨɱɧɢɦɢ ɿ ɪɟɥɟɜɚɧɬɧɢɦɢ ɫɬɨɫɨɜɧɨ ɫɩɪɚɜɢ, ɳɨ ɪɨɡɝɥɹɞɚɽɬɶɫɹ, ɚɥɟ ɧɟ ɞɨɞɚɜɚɬɢ ɧɿɱɨɝɨ ɫɭɬɬɽɜɨɝɨ ɞɨ ɫɩɪɚɜɢ. Ɍɚɤɿ ɞɨɤɚɡɢ ɽ ɧɟɫɭɬɬɽɜɢɦɢ ɣ ɧɟɩɪɢɣɧɹɬɧɢɦɢ. Ɉɞɧɿɽɸ ɡ ɧɚɣɜɚɠɥɢɜɿɲɢɯ ɮɭɧɤɰɿɣ ɫɭɞɞɿ ɩɿɞ ɱɚɫ ɩɪɨɰɟɫɭ ɽ ɜɢɡɧɚɱɟɧɧɹ ɩɪɢɩɭɫɬɢɦɨɫɬɿ ɞɨɤɚɡɿɜ. Ⱦɨɤɚɡɢ ɦɨɠɭɬɶ ɛɭɬɢ ɧɚɫɬɿɥɶɤɢ ɧɟɜɿɞɩɨɜɿɞɧɢɦɢ, ɳɨ ɧɚɜɿɬɶ ɫɩɪɨɛɚ ʀɯ ɜɢɤɨɪɢɫɬɚɧɧɹ ɭ ɫɭɞɿ ɦɨɠɟ ɩɪɢɜɟɫɬɢ ɞɨ ɨɝɨɥɨɲɟɧɧɹ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ ɧɟɞɿɣɫɧɢɦ. Ʉɨɥɢ ɬɚɤɟ ɦɚɽ ɦɿɫɰɟ, ɫɭɞɨɜɢɣ ɩɪɨɰɟɫ ɜɿɞɪɚɡɭ ɠ ɩɪɢɩɢɧɹɽɬɶɫɹ, ɚ ɫɩɪɚɜɚ ɪɨɡɝɥɹɞɚɽɬɶɫɹ ɡɚɧɨɜɨ, ɩɿɡɧɿɲɟ ɬɚ ɡ ɿɧɲɢɦɢ ɩɪɢɫɹɠɧɢɦɢ. ɍ ɬɚɤɿɣ ɫɢɬɭɚɰɿʀ ɫɭɞɞɹ ɦɨɠɟ ɜɢɥɭɱɢɬɢ ɞɨɤɚɡ ɿɡ ɫɥɭɯɚɧɧɹ ɡɚ ɜɥɚɫɧɢɦ ɪɿɲɟɧɧɹɦ (ɬɨɛɬɨ ɧɟ ɱɟɤɚɸɱɢ ɡɜɟɪɧɟɧɧɹ ɡ ɛɨɤɭ ɚɞɜɨɤɚɬɚ ɛɭɞɶ-ɹɤɨʀ ɫɬɨɪɨɧɢ), ɚɛɢ ɭɧɢɤɧɭɬɢ ɨɝɨɥɨɲɟɧɧɹ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ ɧɟɞɿɣɫɧɢɦ. Ɂɚɡɜɢɱɚɣ ɫɭɞɞɹ ɧɟ ɜɢɥɭɱɚɽ ɞɨɤɚɡɢ ɿɡ ɪɨɡɝɥɹɞɭ ɛɟɡ ɫɩɟɰɿɚɥɶɧɨɝɨ ɡɜɟɪɧɟɧɧɹ (ɩɪɨɬɟɫɬɭ) ɚɞɜɨɤɚɬɿɜ ɩɪɨɬɢɜɧɨʀ ɫɬɨɪɨɧɢ. əɤɳɨ ɫɭɞɞɹ ɩɿɞɬɪɢɦɭɽ ɩɪɨɬɟɫɬ, ɬɨ ɞɨɤɚɡ ɜɢɥɭɱɚɽɬɶɫɹ. əɤɳɨ ɫɭɞɞɹ ɜɿɞɯɢɥɹɽ ɩɪɨɬɟɫɬ, ɞɨɤɚɡ ɩɪɢɣɦɚɽɬɶɫɹ. ɇɟɨɛʉɪɭɧɬɨɜɚɧɢɣ ɞɨɩɭɫɤ ɚɛɨ ɜɿɞɯɢɥɟɧɧɹ ɞɨɤɚɡɿɜ ɦɨɠɟ ɛɭɬɢ ɩɿɞɫɬɚɜɨɸ ɞɥɹ ɚɩɟɥɹɰɿʀ.

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LESSON 3. EXPERT’S REPUTATION IS BASED ON WHAT OTHERS DO NOT KNOW

PART 1. IN A CROSS EXAMINATION BOTH PARTIES

ARE CROSS

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A. person who brings a case against another in a court; B. preliminary; C. ask questions to somone in an official context; D. questioning of a witness by the party that has called that witness to give evidence; E. formulate conditions for; F. acceptability; G. witness’s evidence;

H.freedom of choice; I. characterized by unnecessary repetition; J. irritating;

K. question that prompts the answer wanted; L. tell a person what to say next; M. recognize; N. make a statement that is more general than is justified; O. person who testifies because of his special knowledge relevant to the case; P. support; Q. reject; R. questioning of a witness by the opposing party; S. damage; T. accuse; U. trustworthiness; V. such that can be trusted;

W.interest; X. result; Y. crime, typically involving violence; Z. deceitfulness.

The presentation of evidence begins when the attorney for the plaintiff begins calling witnesses. The plaintiff's attorney does the initial questioning of the witness, which is called direct examination. The purpose of direct examination is to get the witness to testify about facts that support the plaintiff's case. There are rules of evidence, which govern the admissibility of testimony. The judge has some control over an attorney’s examination of witnesses and can dictate the form of the questions presented to the witness. The judge has discretion to stop repetitive or annoying questioning. Neither attorney may ask his/her own witness a leading question which implies, suggests or prompts the witness to give a particular answer. A witness can be asked to identify demonstrative evidence such as documents and photographs. Generally, a witness cannot give an opinion or draw a conclusion from the evidence unless he/she has been qualified as an expert witness. The attorney for the defendant can make objections to the witness's testimony. The judge either sustains the objection or overrules it and allows the witness to answer the question. During cross-examination, the attorney of the opposing party tries to undermine or impeach the witness's credibility. The attorney attempts to show that the witness is not reliable and might also try to show that the witness is biased or prejudiced toward a party in

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the case. Another way to undermine the witness’s credibility is to show that the witness has a stake in the outcome of the case, which might influence his/her testimony. The attorney can also question the witness about any felony criminal convictions or about any crimes involving dishonesty. Just as on direct examination, the opposing party’s attorney can raise objections to the questions posed to the witness. The judge then rules on the objection.

2.Substitute the italicized words and word combinations in the following sentences with the words you have found in activity 1.

The rules of evidence formulate conditions for the acceptability of witness’s evidence in all kinds of questioning – the preliminary one, questioning of a witness by the party that has called that witness to give evidence or questioning of a witness by the opposing party. The judge has the freedom of choice to stop attorney’s irritating questions or those characterized by unnecessary repetition. Attorneys are not allowed to ask their own witnesses questions that prompt the answer wanted by them, as well as to tell a witness what to say next. Witnesses are not expected to make statements that are more general than is justified except in a situation where they testify because of their special knowledge relevant to the case. In other cases witnesses can be asked to recognize objects, photographs, or just answer some questions. Attorneys can object to the opposing party’s witness’s testimony, and the judge may support or reject such objections, depending on the situation. When asking questions in an official context, the attorneys attempt to damage the evidence of the opposing party’s witnesses and to accuse them of deceitfulness, thus trying to convince the jury of their doubtful trustworthiness. To demonstrate that the witness can not be trusted, attorneys may try to prove that a witness has an interest in the result of the case, or was involved in criminal convictions related to violent crimes or deceitfulness.

3.Listen to the text on the direct and cross-examination of witnesses in US courts and fill in the gaps. You will hear the text twice.

In a ________ (1) case, the plaintiff is first to present and attempt to prove its case to the jury. In presenting the case, the ________ (2)’s lawyer will normally call witnesses to testify and produce documents or other exhibits. When a ________ (3) is called, he or she will undergo direct ________

(4) by the plaintiff’s attorney. Then the defendant’s attorney will have the opportunity to ask questions or ________ (5) -examine the witness. Generally speaking, witnesses may testify only about matters they have actually observed; they may not ________ (6) their opinion. However, an important exception to this general rule is that expert ________ (7) are specifically called upon to give their ________ (8) in matters within their areas of expertise. To qualify as an ________ (9) witness, a person must possess substantial knowledge about a particular field. Furthermore, this knowledge must normally be established in open ________ (10). Both sides often present experts whose opinions are contradictory. If this happens, the________ (11) must ultimately decide which opinion is the correct one. When the plaintiff’s side has ________ (12) all its evidence, the attorney rests the case. During the ________ (13), witnesses called by either side are questioned by the lawyer who calls them in direct ________ (14) and may be questioned by the lawyer on the other side in ________ (15) -examination. The judge may be asked to decide questions of law during the trial. These questions often involve ________ (16) to evidence. Jurors should not hold the making of objections against a ________ (17) or the lawyer's client, because it is a lawyer’s duty to represent the ________ (18) in this way. Argument on such questions must ordinarily be made outside the presence of the ________ (19). Occasionally, the judge may ask jurors to leave the ________ (20) while the lawyers make their legal arguments. The ________ (21) should understand that such interruptions are needed to make sure that the jury's verdict is based upon proper ________ (22). What evidence is proper for the jury to consider is governed by the ________ (23) of evidence. The judge will either sustain, meaning agree with, or overrule, meaning disagree with an ________ (24). A ruling by the judge does not indicate that the ________ (25) is taking sides or commenting on the weight of the evidence.

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4.Explain the meaning of the following word-combinations related to the direct and crossexamination of witnesses in trial procedure from the text.

Civil case; present the case to the jury; closing arguments; plaintiff’s lawyer; testify upon a trial; produce documents and other exhibits; direct examination; defendant’s attorney; cross-examine the witness; testify; observe matters; general rule; expert witness; be called upon to give somebody’s opinion; areas of expertise; possess substantial knowledge; open court; contradictory opinions; ultimately; rest the case; trial; be questioned; presentation of plaintiff’s case; decide questions of law during the trial; objections to evidence; represent client in a court; jury; legal arguments; jury’s verdict; proper evidence; rules of evidence; sustain objection; overrule objection; comment on the weight of evidence; present evidence; qualify as an expert witness; juror; ruling by the judge; side to the case; make objections against a lawyer or lawyer’s client; both sides often present experts; presentation of the defendant’ case.

5.Work in pairs. Fill in the table below on the basis of exercises 1 and 3. Then use the table to tell your partner everything you know about the direct and cross-examination.

EXAMINATION OF WITNESSES

What is the content and purpose of the ‘direct examination’?

What are the rules of evidence for?

How can the judge control attorney’s examination of witnesses?

What are the things the attorney may not ask?

What are the things the attorney may ask?

What are the things a witness may not do?

What can the judge do with attorney’s objections?

What is the content and purpose of the ‘cross-examination’?

What are the ways to undermine the witness’s credibility during the cross-examination?

Are objections allowed during the crossexamination?

DIRECT AND CROSS-EXAMINATIONS

Who is the first to present the case to the jury?

Things the witnesses may and may not do

What is the exception to the general rule?

Who can act as an expert witness?

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What happens if experts’ opinions are contradictory?

What happens when the plaintiff's side has presented all its evidence?

What questions must be discussed without a jury?

Why?

What are the judge’s functions during the direct and cross-examination?

6. Work in pairs. Choose the correct verb form in the sentences below.

0. As a rule, the defendant’s case is presented/presents in the same way as

the plaintiff’s case.

1. Two hours later the witness was turned/was being turned over to the opposing party for cross-examination.

2. In 5 minutes the plaintiff’s witness will call/will be called to

testify.

3. While the main witness to the case testified/was testifying our chain of proves was collapsing/was being collapsed by his words.

4. The scope of the cross-examination is usually limited/usually limited to the matters brought out in his direct examination.

5.Only after all the details of the case have been presented/had been presented to the jury by the plaintiff’s attorney, the first witness was called/called.

6.When all the evidence has been presented/have been presented by the plaintiff’s side, the attorney rests the case.

7.By 9 p.m. the jury’s verdict will have finally been announced/will finally be announced.

8.The cross-examining attorney permitted/is typically not permitted to ask questions which do not pertain to the facts revealed in the direct examination.

9.Yesterday our witness had been asked/ was asked to identify some demonstrative evidence.

10.I suppose you know that all the objections during the trial will rule/will be ruled on by the judge.

11.When she regained consciousness the main witness of the opposing party was being cross-examined/ was cross-examining.

12.I’m absolutely sure that defendant’s objections will be sustained/ will have been sustained by the judge by the end of the trial.

13.The defendant’s witness is examining/ is being examined now by the plaintiff’s attorney.

14.An important witness seldom leaves the stand until several further stages of successive examination had been conducted/ have been conducted by the attorney.

15.Some new and important facts have been elicited/ had been elicited during crossexamination, so we’ll change our strategy.

16.By 6 p.m. the last witness will be called/ will have already been called for recrossexamination by our opponent.

17.The whole day yesterday the witnesses to the case were being examined/ were examined by the attorney.

18.Believe me, by the time your attorney finds out new evidence, the trial will have been finished/ will be finished.

19.The credibility of the witness’s testimony is determining/is being determined now by the jurors.

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7.Write a survey report on the main principles of the direct and cross-examination during the trial in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

8.Translate into English

ɍɩɪɨɰɟɫɿ ɫɥɭɯɚɧɧɹ ɰɢɜɿɥɶɧɨʀ ɫɩɪɚɜɢ ɫɬɨɪɨɧɚ ɩɨɡɢɜɚɱɚ ɩɟɪɲɨɸ ɩɨɞɚɽ ɫɩɪɚɜɭ ɧɚ ɪɨɡɝɥɹɞ ɫɭɞɭ ɩɪɢɫɹɠɧɢɯ ɬɚ ɨɫɬɚɧɧɶɨɸ ɧɚɞɚɽ ɡɚɤɥɸɱɧɿ ɚɪɝɭɦɟɧɬɢ. əɤɳɨ ɧɟ ɿɫɧɭɽ ɠɨɞɧɨʀ ɩɟɪɟɤɨɧɥɢɜɨʀ ɩɪɢɱɢɧɢ ɞɥɹ ɜɿɞɯɢɥɟɧɧɹ ɜɿɞ ɡɚɝɚɥɶɧɨɝɨ ɩɪɚɜɢɥɚ, ɩɿɫɥɹ ɩɨɤɚɡɚɧɶ ɫɜɿɞɤɚ ɬɚ ɜɫɬɚɧɨɜɥɟɧɧɹ ɣɨɝɨ ɤɨɦɩɟɬɟɧɬɧɨɫɬɿ ɫɬɨɪɨɧɿ ɭ ɫɩɪɚɜɿ ɧɚɞɚɽɬɶɫɹ ɦɨɠɥɢɜɿɫɬɶ ɞɨɩɢɬɚɬɢ ɫɜɿɞɤɿɜ. ɉɨɞɚɧɧɹ ɞɨɤɚɡɿɜ ɞɥɹ ɪɨɡɝɥɹɞɭ ɫɭɞɨɦ ɩɨɱɢɧɚɽɬɶɫɹ ɡ ɬɨɝɨ, ɳɨ ɚɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ ɜɢɤɥɢɤɚɽ ɜɥɚɫɧɢɯ ɫɜɿɞɤɿɜ. Ʉɨɠɟɧ ɫɜɿɞɨɤ ɩɪɢɫɹɝɚɽɬɶɫɹ ɝɨɜɨɪɢɬɢ ɥɢɲɟ ɩɪɚɜɞɭ ɣ ɫɜɿɞɱɢɬɢ ɥɢɲɟ ɡ ɦɿɫɰɹ ɫɜɿɞɤɚ ɜ ɫɭɞɿ. Ⱥɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ ɩɪɨɜɨɞɢɬɶ ɩɟɪɜɿɫɧɟ ɨɩɢɬɭɜɚɧɧɹ ɫɜɿɞɤɚ ɭ ɫɩɪɚɜɿ, ɳɨ ɧɚɡɢɜɚɽɬɶɫɹ «ɩɟɪɜɿɫɧɢɣ ɞɨɩɢɬ». Ɇɟɬɚ ɩɟɪɜɿɫɧɨɝɨ ɞɨɩɢɬɭ ɩɨɥɹɝɚɽ ɭ ɫɩɪɨɛɿ ɩɪɢɦɭɫɢɬɢ ɨɫɨɛɭ ɫɜɿɞɱɢɬɢ ɫɬɨɫɨɜɧɨ ɮɚɤɬɿɜ, ɹɤɿ ɨɛʉɪɭɧɬɨɜɭɸɬɶ ɬɚ ɩɿɞɤɪɿɩɥɸɸɬɶ ɫɬɨɪɨɧɭ ɩɨɡɢɜɚɱɚ. ȱɫɧɭɸɬɶ ɬɚɤ ɡɜɚɧɿ «ɩɪɚɜɢɥɚ ɩɨɞɚɧɧɹ ɫɜɿɞɱɟɧɶ», ɹɤɿ ɪɟɝɭɥɸɸɬɶ ɫɬɭɩɿɧɶ ɩɪɚɜɨɦɨɱɧɨɫɬɿ ɫɜɿɞɱɟɧɶ ɬɚ ɞɨɤɚɡɿɜ ɞɥɹ ɬɨɝɨ, ɳɨɛ ɜɨɧɢ ɛɭɥɢ ɩɪɢɣɧɹɬɢɦɢ ɜ ɫɭɞɿ.

ɋɭɞɞɹ ɛɟɡɩɨɫɟɪɟɞɧɶɨ ɦɚɽ ɩɪɚɜɨ ɩɟɜɧɨɝɨ ɤɨɧɬɪɨɥɸ ɡɚ ɞɨɩɢɬɨɦ ɫɜɿɞɤɚ ɡ ɛɨɤɭ ɚɞɜɨɤɚɬɚ ɫɬɨɪɨɧɢ ɣ ɦɨɠɟ ɮɨɪɦɭɥɸɜɚɬɢ ɡɚɩɢɬɚɧɧɹ, ɚɞɪɟɫɨɜɚɧɿ ɫɜɿɞɤɭ. ɋɭɞɞɹ ɬɚɤɨɠ ɦɚɽ ɩɪɚɜɨ ɭɬɪɢɦɭɜɚɬɢ ɚɞɜɨɤɚɬɚ ɜɿɞ ɮɨɪɦɭɥɸɜɚɧɧɹ ɬɚ ɩɨɫɬɚɧɨɜɤɢ ɬɢɯ ɡɚɩɢɬɚɧɶ ɫɜɿɞɤɭ, ɳɨ ɩɨɜɬɨɪɸɸɬɶɫɹ ɚɛɨ ɞɪɚɬɭɸɬɶ ɣɨɝɨ. Ⱥɞɜɨɤɚɬ ɧɟ ɦɚɽ ɩɪɚɜɚ ɫɬɚɜɢɬɢ ɜɥɚɫɧɨɦɭ ɫɜɿɞɤɭ ɧɚɜɿɞɧɿ ɩɢɬɚɧɧɹ, ɳɨ ɧɚɬɹɤɚɸɬɶ ɚɛɨ ɫɩɨɧɭɤɚɸɬɶ ɫɜɿɞɤɚ ɞɚɜɚɬɢ ɩɟɜɧɭ ɜɿɞɩɨɜɿɞɶ.

ɋɜɿɞɤɭ ɦɨɠɟ ɛɭɬɢ ɡɚɩɪɨɩɨɧɨɜɚɧɨ ɿɞɟɧɬɢɮɿɤɭɜɚɬɢ ɨɤɪɟɦɿ ɩɪɟɞɦɟɬɧɿ ɞɨɤɚɡɢ, ɬɚɤɿ ɹɤ ɞɨɤɭɦɟɧɬɢ ɚɛɨ ɮɨɬɨɝɪɚɮɿʀ. əɤ ɩɪɚɜɢɥɨ, ɫɜɿɞɨɤ ɧɟ ɦɨɠɟ ɜɢɫɥɨɜɥɸɜɚɬɢ ɜɥɚɫɧɭ ɞɭɦɤɭ ɚɛɨ ɪɨɛɢɬɢ ɜɢɫɧɨɜɤɢ ɿɡ ɫɜɨʀɯ ɫɜɿɞɱɟɧɶ, ɡɚ ɜɢɧɹɬɤɨɦ ɜɢɩɚɞɤɿɜ, ɤɨɥɢ ɜɿɧ ɫɜɿɞɱɢɬɶ ɹɤ ɟɤɫɩɟɪɬ. ɉɿɞ

ɱɚɫ ɫɜɿɞɱɟɧɶ ɚɞɜɨɤɚɬ ɜɿɞɩɨɜɿɞɚɱɚ ɦɨɠɟ ɜɢɫɭɜɚɬɢ ɡɚɩɟɪɟɱɟɧɧɹ ɳɨɞɨ ɩɨɤɚɡɚɧɶ ɫɜɿɞɤɚ. ɍ ɬɚɤɨɦɭ ɜɢɩɚɞɤɭ ɫɭɞɞɹ ɩɿɞɬɪɢɦɭɽ ɡɚɩɟɪɟɱɟɧɧɹ ɚɛɨ ɠ ɜɿɞɯɢɥɹɽ ɣɨɝɨ ɣ ɞɨɡɜɨɥɹɽ ɫɜɿɞɤɭ ɜɿɞɩɨɜɿɞɚɬɢ ɧɚ ɡɚɩɢɬɚɧɧɹ.

ɉɿɫɥɹ ɬɨɝɨ ɹɤ ɚɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ ɡɚɤɿɧɱɭɽ ɨɩɢɬɭɜɚɧɧɹ ɫɜɿɞɤɚ, ɚɞɜɨɤɚɬ ɜɿɞɩɨɜɿɞɚɱɚ ɨɬɪɢɦɭɽ ɩɪɚɜɨ ɩɟɪɟɯɪɟɫɧɨɝɨ ɞɨɩɢɬɭ ɫɜɿɞɤɚ ɩɪɨɬɢɥɟɠɧɨʀ ɫɬɨɪɨɧɢ. ɉɟɪɟɯɪɟɫɧɢɣ ɞɨɩɢɬ ɽ ɮɭɧɞɚɦɟɧɬɚɥɶɧɢɦ ɩɪɚɜɨɦ ɚɦɟɪɢɤɚɧɫɶɤɨʀ ɫɢɫɬɟɦɢ ɩɪɚɜɨɫɭɞɞɹ. Ɂɦɿɫɬ ɡɚɩɢɬɚɧɶ ɩɟɪɟɯɪɟɫɧɨɝɨ ɞɨɩɢɬɭ ɡɚɡɜɢɱɚɣ ɨɛɦɟɠɟɧɢɣ ɪɚɦɤɚɦɢ ɿɧɮɨɪɦɚɰɿʀ, ɨɬɪɢɦɚɧɨʀ ɩɿɞ ɱɚɫ ɩɨɩɟɪɟɞɧɶɨɝɨ ɞɨɩɢɬɭ, ɚɛɨ ɩɢɬɚɧɧɹɦɢ, ɛɟɡɩɨɫɟɪɟɞɧɶɨ ɩɨɜ’ɹɡɚɧɢɦɢ ɡ ɧɟɸ. Ⱥɞɜɨɤɚɬɭ ɫɬɨɪɨɧɢ ɞɨɡɜɨɥɟɧɨ ɫɬɚɜɢɬɢ ɧɚɜɿɞɧɿ ɩɢɬɚɧɧɹ ɫɜɿɞɤɭ ɩɿɞ ɱɚɫ ɩɟɪɟɯɪɟɫɧɨɝɨ ɞɨɩɢɬɭ, ɨɫɤɿɥɶɤɢ ɚɞɜɨɤɚɬ ɜɿɞɩɨɜɿɞɚɱɚ ɧɚɦɚɝɚɽɬɶɫɹ ɡɪɭɣɧɭɜɚɬɢ ɚɛɨ ɩɨɫɬɚɜɢɬɢ ɩɿɞ ɫɭɦɧɿɜ ɜɿɪɨɝɿɞɧɿɫɬɶ ɩɨɤɚɡɚɧɶ ɫɜɿɞɤɚ ɱɢ ɩɨɤɚɡɚɬɢ ɩɪɢɥɸɞɧɨ, ɳɨ ɫɜɿɞɨɤ ɽ ɭɩɟɪɟɞɠɟɧɢɦ ɩɪɨɬɢ ɣɨɝɨ ɫɬɨɪɨɧɢ ɭ ɫɩɪɚɜɿ. ȱɧɲɢɦ ɦɟɬɨɞɨɦ ɩɿɞɿɪɜɚɬɢ ɞɨɜɿɪɭ ɩɨɤɚɡɚɧɶ ɫɜɿɞɤɚ ɽ ɧɚɦɚɝɚɧɧɹ ɚɞɜɨɤɚɬɚ ɞɨɜɟɫɬɢ, ɳɨ ɫɜɿɞɨɤ ɦɚɽ ɜɥɚɫɧɢɣ ɿɧɬɟɪɟɫ ɭ ɬɨɦɭ, ɹɤ ɡɚɜɟɪɲɢɬɶɫɹ ɫɩɪɚɜɚ, ɳɨ ɦɨɠɟ ɜɩɥɢɜɚɬɢ ɧɚ ɣɨɝɨ ɫɜɿɞɱɟɧɧɹ. əɤ ɿ ɩɿɞ ɱɚɫ ɩɟɪɜɿɫɧɨɝɨ ɞɨɩɢɬɭ, ɚɞɜɨɤɚɬ ɩɪɨɬɢɥɟɠɧɨʀ ɫɬɨɪɨɧɢ ɦɨɠɟ ɜɢɫɭɜɚɬɢ ɡɚɩɟɪɟɱɟɧɧɹ ɞɨ ɡɚɩɢɬɚɧɶ, ɩɨɫɬɚɜɥɟɧɢɯ ɫɜɿɞɤɭ. ɍ ɬɚɤɨɦɭ ɜɢɩɚɞɤɭ ɫɭɞɞɹ ɪɟɝɭɥɸɽ ɜɢɫɭɧɟɧɧɹ ɡɚɩɟɪɟɱɟɧɶ.

ɉɿɫɥɹ ɩɟɪɟɯɪɟɫɧɨɝɨ ɞɨɩɢɬɭ ɫɜɿɞɤɚ ɚɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ ɨɬɪɢɦɭɽ ɦɨɠɥɢɜɿɫɬɶ ɩɨɫɬɚɜɢɬɢ ɫɜɿɞɤɭ ɞɟɤɿɥɶɤɚ ɞɨɞɚɬɤɨɜɢɯ ɡɚɩɢɬɚɧɶ. ɉɿɫɥɹ ɰɶɨɝɨ ɚɞɜɨɤɚɬ ɩɪɨɬɢɥɟɠɧɨʀ ɫɬɨɪɨɧɢ ɦɨɠɟ ɩɪɨɜɟɫɬɢ ɩɨɜɬɨɪɧɢɣ ɩɟɪɟɯɪɟɫɧɢɣ ɞɨɩɢɬ ɫɜɿɞɤɚ.

əɤ ɬɿɥɶɤɢ ɚɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ ɡɚɤɿɧɱɢɜ ɨɩɢɬɭɜɚɧɧɹ ɜɫɿɯ ɫɜɿɞɤɿɜ ɜɿɞ ɫɬɨɪɨɧɢ ɩɨɡɢɜɚɱɚ, ɚɞɜɨɤɚɬ ɜɿɞɩɨɜɿɞɚɱɚ ɩɨɱɢɧɚɽ ɜɢɤɥɢɤɚɬɢ ɫɜɨʀɯ ɫɜɿɞɤɿɜ ɭ ɫɩɪɚɜɿ. ȼɿɧ ɩɪɨɜɨɞɢɬɶ ɩɨɩɟɪɟɞɧɿɣ ɞɨɩɢɬ ɫɜɿɞɤɿɜ ɬɚɤɢɦ ɠɟ ɱɢɧɨɦ, ɹɤ ɰɟ ɪɨɛɢɜ ɿ ɚɞɜɨɤɚɬ ɩɨɡɢɜɚɱɚ, ɩɿɫɥɹ ɱɨɝɨ ɜɨɧɢ ɩɟɪɟɯɨɞɹɬɶ ɞɨ ɩɟɪɟɯɪɟɫɧɨɝɨ ɞɨɩɢɬɭ.

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PART 2. EVERY TIME THE WITNESS TRIES TO TELL

THE TRUTH, SOME LAWYER OBJECTS

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.clarification; B. work of a legal advocate; C. suitable; D. correctness; E. correct; F. not connected with something; G. unimportant under the circumstances; H. not qualified to act in a particular capacity; I. having the necessary knowledge and skills; J. consisting of two or more

separate elements; K. underlying basis; L. not having; M. genuineness; N. origin; O. make known; P. puzzling; Q. basically; R. taken away; S. uncooperative;

T. remove from the official transcript of the court procedure.

Although the way to enlightenment in trial advocacy can be applied in many contexts, it is probably most applicable to the art of making trial objections. Objection is a lawyer’s protest about the legal propriety of a question which has been asked a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked. A proper objection must be based on one of the specific reasons for not allowing a question. These include: irrelevant, immaterial, incompetent (often stated together, which may mean the question is not about the issues in the trial, or the witness is not qualified to answer) evidence, hearsay (the answer would be what someone told the witness and is not what he/she knew first-hand), leading (putting words in the mouth of one's own witness), calls for a conclusion (asking for opinion, not facts), compound question (two or more questions asked together), or lack of foundation (referring to a document lacking testimony as to authenticity or source). An objection must be made quickly and loudly to halt the witness before he/she answers. The judge will either ‘sustain’ the objection (ruling out the question) or ‘overrule’ it (allow the question). The judge may ask for an ‘offer of proof’ in which the lawyer asking the question must explain to the court the reason the question is relevant, and what evidence his/her questions will reveal. Badly worded, confusing or compound questions are usually challenged by an objection to the form of the question, which is essentially a demand that the question be withdrawn and reworded. An attorney may ‘object’ to a witness’s answer as ‘nonresponsive’ to the question, but the proper request should be that the answer or a comment without a question be ‘stricken’ from the record.

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2.Substitute the italicized words and word combinations in the following sentences with the words you have found in activity 1.

A correct objection, that is the way of clarification applied in the work of a legal advocate, is suitable as a form of a lawyer’s protest about the legal correctness of the opposing attorney’s question to a witness. Such questions may be puzzling, consisting of two or more separate elements, unconnected with the case in hand, unimportant under the circumstances, not qualified to act as questions to a witness, lacking the underlying basis, having no testimony as to the genuineness or origin of the evidence. Lawyers may object to the opposing attorney’s question if they believe that the witness does not have the necessary knowledge and skills to answer it, in which case they basically demand that the question be removed from the official transcript of the court procedure. On the other hand, the opposing attorney may object to the witness being uncooperative and on this ground demand that the question be answered. In such cases the judge may ask the lawyer to explain what evidence his/her questions will make known.

3.Listen to the text on the Purpose of Trial Objections in US courts and fill in the gaps. You will hear the text twice.

The purpose of trial ______ (1) is codified in Federal Rules of Evidence. The basic principle of common law is to exclude inadmissible ______ (2)

at trial. The Rules require from advocates to make ‘timely’ and ‘specific’

trial objections to avoid errors in the ______ (3) of evidence at trial. Although the basis for making any ______ (4) objection is found in the Rules, all trial objections must be made in consideration of other evidentiary ______ (5) that are applicable to the evidence of the case. For instance, other Rules govern the mode and manner of interrogation and ______ (5) at trial, the issue of evidence relevance and hearsay evidence. Accordingly, the general purpose of any trial objection is to use the ______ (6) rules of evidence to prevent the presentation of

______ (7) evidence to the jury.

In this context, all trial ______ (8) can be categorized into ‘content’ or ‘form’ objections.

______ (9) objections are connected to substantive evidence (e.g., calls for hearsay, speculation, or irrelevant evidence). ______ (10) trial objections deal with non-substantive issues. That is, content trial objections try to find the applicable ______ (11) of evidence to exclude the witness’s expected answer (testimonial ______ (12)) or the introduction of an exhibit (real, demonstrative or ______ (13) evidence) at trial. Form trial objections, on the other hand, are connected to things other than the substantive ______ (14). For example, form trial objections are intended to remedy the manner in which the ______ (15) is asking questions (leading, argumentative) or the manner in which the ______ (16) is responding (narrative). Content trial

______ (17) address the evidence itself, and form trial objections address the manner in which the ______ (18) tries to introduce evidence.

Finally, the Rules place the ______ (19) for using applicable rules of evidence on the advocates. Although trial ______ (20) have the power to decide evidentiary disputes, they rely on the advocates to conduct their ______ (21) through the use of trial objections. The rules of evidence are intended to speed up the ______ (22) process by placing responsibility for using the rules of evidence on those who can best conduct ______ (23) disputes – the advocates.

4. Explain the meaning of the following word-combinations from the text above.

Resolve the point in dispute; be codified; basic premise; exclusion of inadmissible evidence at trial; prevent errors; court’s evidentiary ruling; admission of evidence at trial; basis for making a trial objection; mode and manner of interrogation; issue of evidentiary relevance; overall

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purpose; prevent inadmissible evidence from being presented to the jury; content trial objections; substantive evidence; irrelevant evidence; form trial objections; testimonial evidence; demonstrative or documentary evidence; place the responsibility; decide evidentiary disputes; introduce evidence; rules of evidence; conduct disputes.

5.Work in pairs. Fill in the table below on the basis of exercises 1 and 3. Then use the table to tell your partner everything you know about making objections at the trial.

OBJECTIONS

What is a ‘trial objection’?

What are specific reasons for a ‘trial objection’?

What is ‘irrelevant evidence’?

What is ‘immaterial evidence’?

What is ‘incompetent evidence’?

What is ‘hearsay evidence’?

What is a ‘leading question’?

What is a ‘compound question’?

What is a ‘question that calls for a conclusion’?

What is ‘lack of foundation’?

How can the judge react to an objection?

What is a ‘nonresponsive witness’?

FEDERAL RULES OF EVIDENCE ON OBJECTIONS

What is the basic purpose of ‘trial objections’?

What other evidentiary rules should be taken into account in making trial objections?

Types of trial objections

What is a ‘content objection’?

What is a ‘form objection’?

What do content trial objections try to find and address?

What do form trial objections try to find and address?

Who bears the responsibility for using applicable rules of evidence at the trial?

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6.Write a survey report on the main principles of objections during the trial in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

Ɂɚɩɟɪɟɱɟɧɧɹ – ɰɟ ɩɪɨɬɟɫɬ ɚɞɜɨɤɚɬɚ ɫɬɨɫɨɜɧɨ ɡɚɩɢɬɚɧɧɹ, ɹɤɟ ɛɭɥɨ ɩɨɫɬɚɜɥɟɧɟ ɫɜɿɞɤɭ ɩɪɨɬɢɥɟɠɧɨɸ ɫɬɨɪɨɧɨɸ, ɚɛɢ ɫɭɞɞɹ ɦɿɝ ɜɢɪɿɲɢɬɢ, ɱɢ ɦɨɠɟ ɬɚɤɟ ɡɚɩɢɬɚɧɧɹ ɛɭɬɢ ɩɨɫɬɚɜɥɟɧɟ. Ɉɫɧɨɜɧɨɸ ɩɟɪɟɞɭɦɨɜɨɸ ɡɚɩɟɪɟɱɟɧɧɹ ɭ ɡɚɝɚɥɶɧɨɦɭ ɩɪɚɜɿ ɽ ɜɢɤɥɸɱɟɧɧɹ ɧɟɩɪɢɩɭɫɬɢɦɢɯ ɫɜɿɞɱɟɧɶ ɩɿɞ ɱɚɫ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ ɫɩɪɚɜɢ. Ɂɚɡɜɢɱɚɣ ɡɚɩɟɪɟɱɟɧɧɹ ɩɨɞɚɽɬɶɫɹ ɩɿɫɥɹ ɬɨɝɨ, ɹɤ ɩɪɨɬɢɥɟɠɧɚ ɫɬɨɪɨɧɚ ɩɨɫɬɚɜɢɥɚ ɡɚɩɢɬɚɧɧɹ ɫɜɿɞɤɭ, ɚɥɟ ɳɟ ɞɨ ɬɨɝɨ, ɹɤ ɫɜɿɞɨɤ ɩɨɱɚɜ ɜɿɞɩɨɜɿɞɚɬɢ, ɚɛɨ ɭ ɜɢɩɚɞɤɚɯ, ɤɨɥɢ ɩɪɨɬɢɥɟɠɧɚ ɫɬɨɪɨɧɚ ɧɚɦɚɝɚɽɬɶɫɹ ɡɦɿɧɢɬɢ ɳɨɫɶ ɭ ɩɨɞɚɧɧɿ ɞɨɤɚɡɿɜ. ɇɚɥɟɠɧɟ ɡɚɩɟɪɟɱɟɧɧɹ ɦɚɽ ʉɪɭɧɬɭɜɚɬɢɫɹ ɧɚ ɤɨɧɤɪɟɬɧɢɯ ɩɪɢɜɨɞɚɯ, ɳɨ ɞɚɸɬɶ ɩɿɞɫɬɚɜɢ ɧɟ ɞɨɡɜɨɥɹɬɢ ɫɬɚɜɢɬɢ ɡɚɩɢɬɚɧɧɹ. Ɂɚɝɚɥɶɧɨɸ ɦɟɬɨɸ ɡɚɩɟɪɟɱɟɧɶ ɩɿɞ ɱɚɫ ɫɭɞɨɜɨɝɨ ɪɨɡɝɥɹɞɭ ɫɩɪɚɜɢ ɽ ɧɚɦɚɝɚɧɧɹ ɡɚɫɬɨɫɭɜɚɬɢ ɜɿɞɩɨɜɿɞɧɿ Ɏɟɞɟɪɚɥɶɧɿ ɧɨɪɦɢ ɞɨɤɚɡɨɜɨɝɨ ɩɪɚɜɚ, ɚɛɢ ɜɢɥɭɱɢɬɢ ɛɭɞɶ-ɹɤɿ ɫɜɿɞɱɟɧɧɹ, ɳɨ ɽ ɧɟɩɪɢɩɭɫɬɢɦɢɦɢ ɚɛɨ ɧɟɫɭɬɬɽɜɢɦɢ, ɧɚ ɪɨɡɝɥɹɞ ɩɪɢɫɹɠɧɢɯ. Ⱦɨ ɬɚɤɢɯ ɫɜɿɞɱɟɧɶ ɧɚɥɟɠɚɬɶ: ɧɟɫɭɬɬɽɜɿ ɚɛɨ ɧɟɩɪɚɜɨɦɨɱɧɿ ɫɜɿɞɱɟɧɧɹ; ɫɜɿɞɱɟɧɧɹ, ɳɨ ɧɟ ɫɬɨɫɭɸɬɶɫɹ ɫɩɪɚɜɢ; ɱɭɬɤɢ (ɜɿɞɩɨɜɿɞɶ, ɳɨ ʉɪɭɧɬɭɽɬɶɫɹ ɧɟ ɧɚ ɜɥɚɫɧɨɦɭ ɞɨɫɜɿɞɿ ɫɜɿɞɤɚ, ɚ ɧɚ ɫɥɨɜɚɯ ɬɪɟɬɶɨʀ ɨɫɨɛɢ); ɜɢɩɚɞɤɢ, ɤɨɥɢ ɚɞɜɨɤɚɬ ɫɬɚɜɢɬɶ ɡɚɩɢɬɚɧɧɹ ɬɚɤɢɦ ɱɢɧɨɦ, ɳɨ ɜɿɞɩɨɜɿɞɶ ɧɚ ɧɶɨɝɨ ɜɢɦɚɝɚɽ ɜɢɫɥɨɜɥɟɧɧɹ ɞɭɦɤɢ ɫɜɿɞɤɚ ɡɚɦɿɫɬɶ ɜɢɤɥɚɞɭ ɮɚɤɬɿɜ; ɨɛ’ɽɞɧɚɧɿ ɡɚɩɢɬɚɧɧɹ (ɤɿɥɶɤɚ ɡɚɩɢɬɚɧɶ, ɳɨ ɦɿɫɬɹɬɶɫɹ ɜ ɨɞɧɨɦɭ); ɧɟɞɨɫɬɚɬɧɹ ɨɛʉɪɭɧɬɨɜɚɧɿɫɬɶ (ɫɬɨɫɨɜɧɨ ɞɨɤɭɦɟɧɬɿɜ ɫɭɦɧɿɜɧɨʀ ɚɜɬɟɧɬɢɱɧɨɫɬɿ ɱɢ ɩɨɯɨɞɠɟɧɧɹ).

Ⱥɞɜɨɤɚɬ ɦɚɽ ɜɧɨɫɢɬɢ ɡɚɩɟɪɟɱɟɧɧɹ ɱɿɬɤɨ ɣ ɝɨɥɨɫɧɨ, ɚɛɢ ɩɨɩɟɪɟɞɢɬɢ ɜɿɞɩɨɜɿɞɶ ɫɜɿɞɤɚ. Ɂɚɩɟɪɟɱɟɧɧɹ ɦɨɠɧɚ ɪɨɡɞɿɥɢɬɢ ɧɚ ɞɜɿ ɝɪɭɩɢ: ɞɨ ɡɦɿɫɬɭ ɚɛɨ ɞɨ ɮɨɪɦɢ. Ɂɚɩɟɪɟɱɟɧɧɹ ɞɨ ɡɦɿɫɬɭ ɜɤɥɸɱɚɸɬɶ ɭɫɿ ɡɚɩɟɪɟɱɟɧɧɹ ɫɬɨɫɨɜɧɨ ɫɭɬɿ ɜɢɫɥɨɜɥɸɜɚɧɧɹ (ɧɚɩɪɢɤɥɚɞ, ɡɚɩɟɪɟɱɟɧɧɹ ɩɪɨɬɢ ɫɜɿɞɱɟɧɧɹ ɡ ɩɨɫɢɥɚɧɧɹɦ ɧɚ ɱɭɬɤɢ). Ɇɟɬɨɸ ɠ ɡɚɩɟɪɟɱɟɧɶ ɞɨ ɮɨɪɦɢ ɽ ɧɚɦɚɝɚɧɧɹ ɡɦɿɧɢɬɢ ɮɨɪɦɭ ɩɨɫɬɚɧɨɜɤɢ ɡɚɩɢɬɚɧɶ ɚɞɜɨɤɚɬɨɦ (ɧɚɩɪɢɤɥɚɞ, ɡɚɩɟɪɟɱɟɧɧɹ ɩɪɨɬɢ ɧɚɜɿɞɧɢɯ ɡɚɩɢɬɚɧɶ). ɋɭɞɞɹ, ɭ ɫɜɨɸ ɱɟɪɝɭ, ɩɪɢɣɦɚɽ ɪɿɲɟɧɧɹ ɳɨɞɨ ɩɿɞɬɪɢɦɚɧɧɹ (ɩɨɝɨɞɠɭɽɬɶɫɹ ɿɡ ɡɚɩɟɪɟɱɟɧɧɹɦ ɿ ɜɿɞɯɢɥɹɽ ɡɚɩɢɬɚɧɧɹ, ɞɨɤɚɡ ɚɛɨ ɫɜɿɞɱɟɧɧɹ) ɱɢ ɜɿɞɯɢɥɟɧɧɹ ɡɚɩɟɪɟɱɟɧɶ (ɞɨɡɜɨɥɹɽ ɫɬɚɜɢɬɢ ɡɚɩɢɬɚɧɧɹ, ɩɨɞɚɜɚɬɢ ɞɨɤɚɡɢ ɚɛɨ ɫɜɿɞɱɟɧɧɹ). əɤɳɨ ɫɭɞɞɹ ɩɨɝɨɞɢɬɶɫɹ, ɚɞɜɨɤɚɬ ɦɨɠɟ ɩɟɪɟɮɪɚɡɭɜɚɬɢ ɡɚɩɢɬɚɧɧɹ ɧɚɥɟɠɧɢɦ ɱɢɧɨɦ ɿ ɩɨɜɬɨɪɧɨ ɩɨɫɬɚɜɢɬɢ ɣɨɝɨ ɫɜɿɞɤɭ.

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PART 3. UNLIKE FISHERMAN, THE GOLFER HAS NOTHING

TO PROVE

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.object produced in a court as evidence; B. most important; C. thing; D. written promise to pay a specific sum of money; E. list of goods/services provided and the sum to be paid;

F. document with instructions what to do after one’s death; G. means of mass communication; H. things included in something; I. push a knife into one’s body; J. observer; K. reason; L. must go through; M. proving that something is true; N. carrying out; O. person's particular style of writing; P. trademark of a company; Q. printed matter published at regular intervals; R. officially confirmed; S. earliest, from which copies may be made.

Besides witnesses, exhibits are the other principal form of evidence in a trial. The four main types of exhibits are real objects (guns, blood, machinery), items used for demonstration (diagrams, models, maps), writings (contracts, promissory notes, checks, letters), and records (private business and public records). Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is often understood to mean only writings on paper (such as an invoice, a contract or a will), the term actually include any media by which information can be preserved. Photographs, tape recordings, films and printed e-mails are all forms of documentary evidence.

A piece of evidence is not documentary evidence if it is presented for some purpose other than the examination of the contents of the document. For example, if a blood-covered letter is presented only to show that the defendant stabbed the author of the letter when he was writing it, then the evidence is physical evidence, not documentary evidence. However, a film of the murder taking place would be documentary evidence (just as a written description of the event from an eyewitness). If the content of that same letter is then introduced to show the motive for the murder, then the evidence would be both physical and documentary.

Documentary evidence is subject to specific forms of authentication, usually through the testimony of an eyewitness to the execution of the document, or the testimony of a witness able to identify the handwriting of the supposed author. There are several documents which have generally been considered to be self-authenticating documents. These include commercial labels, newspapers and other periodicals, official publications, certified copies of public records and some others. Documentary evidence is also subject to the best evidence rule, which requires that when writings or recordings are introduced as evidence in a trial, the original writing or recording must be produced as the ‘best evidence’.

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2.Substitute the italicized words and word combinations in the following sentences with the words you have found in Activity 1.

Proving that something is true is the process by which objects produced in a court as evidence, that is most important things in a trial, such as written promises to pay specific sums of money, lists of goods/services provided and the sums to be paid, documents with instructions what to do after one’s death, must go through the requirements of the best evidence rule, according to which the documentary evidence should be presented in its earliest form, from which copies may be made, and it should also be officially confirmed. However, some kinds of documents are considered to be self-authenticating, such as company trademarks, printed matter published at regular intervals, or things generally included into their products by other means of mass communication. When presenting handwritten evidence, such as personal letters, the rules of evidence may require an observer who could confirm not only the person’s particular style of writing, but also the fact of that person’s actual carrying out of the document, as well as the reason for doing it.

3. Listen to the text on exhibits and fill in the gaps. You will hear the text twice.

As with witness testimony, the admissibility of exhibits is governed by rules of ____________(1) and is within the discretion of the

____________(2) judge. One important benchmark of admissibility is relevance. Federal Rules of Evidence state, in part, ‘All relevant evidence is ____________(3), except as otherwise provided.’ The goal of this rule is to allow parties to

____________(4) all the evidence that bears on the ____________(5) to be decided, and to keep out all evidence that is immaterial or lacks probative value. Evidence offered to help prove

something that is not at issue is ___________(6). For example, the fact that a defendant attends church every week is immaterial, and thus ________(7), to a charge of running a red light. Probative ____________(8) is a tendency

to make the existence of any material fact more or less probable. For instance, evidence that a murder ____________(9) ate spaghetti on the day of the murder would normally be

____________(10) because people who eat spaghetti are not more or less likely to

____________(11) murder compared with other people. However, if spaghetti sauce was found at the ____________(12) scene, the fact that the defendant ate spaghetti that day would have probative value and would thus be ____________(13) evidence. Evidence is not relevant unless its ____________(14) can be demonstrated. A letter in which the defendant admits her guilt in a tax fraud trial is inadmissible unless the ____________(15) can first show that the defendant actually wrote it. Bloodstained clothing is ____________(16) without some connection to the issues of the ____________(17), such as evidence that the clothing belonged to the

____________(18) murderer. The process of linking a piece of evidence to a case — of authenticating or identifying the ____________(19) — is frequently called laying a foundation. Under the Federal Rules of Evidence, a ____________(20) is sufficient if a reasonable juror would find it more probably true than not true that the evidence is what the ____________(21) offering it claims it to be. To provide foundation, the party offering the ____________(22) need only establish that the item is what it says to be. The most basic way to lay an evidentiary foundation is to demonstrate that a _______(23) has personal knowledge. For example, the witness may ____________(24) that he wrote the letter, or saw the ____________(25) sign the contract, or found the bullet in the kitchen. When the evidence is an object, the witness must testify that the object introduced at the ____________(26) is in substantially the same condition as it was when it was witnessed.

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4.Explain the meaning of the following word-combinations related to the law of evidence from the text.

Witness testimony, admissibility of exhibits, rules of evidence, discretion of the trial judge, bear on the issue, immaterial, probative value, charge of running a red light, murder defendant, commit murder, murder scene, authenticity, admit one’s guilt, tax fraud trial, reasonable juror, lay a foundation, witness has personal knowledge, sign the contract, found the bullet, substantially the same condition.

5.Work in pairs. Fill in the table below on the basis of exercises 1 and 3. Then use the table to tell your partner everything you know about presenting exhibits at the trial.

PRESENTATION OF EXHIBITS

The four main types of exhibits

Examples of real objects

Examples of demonstration items

Examples of writings

What does documentary evidence include?

Difference between documentary and physical evidence

How is documentary evidence authentication carried out?

What are self-authenticating documents?

PRESENTATION OF EXHIBITS AND RULES OF EVIDENCE

What is the goal of the rule: "All relevant evidence is admissible, except as otherwise provided?"

What is the connection between evidence relevancy and authenticity?

What is the most basic way to provide foundation?

6.Write a survey report on the main principles of presenting exhibits at a trial in the US law system. Use the texts in this part of the lesson or any other materials you may come across. See also: Survey Report in the Recommendations on Creative Writing Work.

7.Translate into English

Ɉɞɧɿɽɸ ɡ ɝɨɥɨɜɧɢɯ ɮɨɪɦ ɞɨɤɚɡɿɜ, ɤɪɿɦ ɩɨɤɚɡɚɧɶ ɫɜɿɞɤɿɜ, ɽ ɪɟɱɨɜɿ ɞɨɤɚɡɢ. ȼɨɧɢ ɩɨɞɿɥɹɸɬɶɫɹ ɧɚ ɱɨɬɢɪɢ ɝɨɥɨɜɧɢɯ ɬɢɩɢ: ɪɟɚɥɶɧɿ ɩɪɟɞɦɟɬɢ (ɜɨɝɧɟɩɚɥɶɧɚ ɡɛɪɨɹ, ɤɪɨɜ, ɭɫɬɚɬɤɭɜɚɧɧɹ), ɧɚɨɱɧɿ ɡɚɫɨɛɢ (ɞɿɚɝɪɚɦɢ, ɦɨɞɟɥɿ, ɤɚɪɬɢ ɦɿɫɰɟɜɨɫɬɿ), ɞɨɤɭɦɟɧɬɢ ɭ ɩɢɫɶɦɨɜɿɣ ɮɨɪɦɿ (ɞɨɝɨɜɨɪɢ, ɛɨɪɝɨɜɿ ɡɨɛɨɜ’ɹɡɚɧɧɹ, ɱɟɤɢ, ɥɢɫɬɢ), ɞɨɤɭɦɟɧɬɢ ɩɭɛɥɿɱɧɨɝɨ ɯɚɪɚɤɬɟɪɭ. Ⱦɨɤɭɦɟɧɬɚɥɶɧɿ ɞɨɤɚɡɢ – ɰɟ ɛɭɞɶ-ɹɤɿ ɦɚɬɟɪɿɚɥɢ, ɩɨɞɚɧɿ ɜ ɫɭɞɨɜɨɦɭ ɪɨɡɝɥɹɞɿ ɭ ɮɨɪɦɿ ɞɨɤɭɦɟɧɬɿɜ. Ɋɚɡɨɦ ɡ ɞɨɤɭɦɟɧɬɚɦɢ ɧɚ ɩɚɩɟɪɨɜɢɯ ɧɨɫɿɹɯ (ɧɚɩɪɢɤɥɚɞ, ɪɚɯɭɧɨɤ-ɮɚɤɬɭɪɚ,

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ɞɨɝɨɜɿɪ ɚɛɨ ɡɚɩɨɜɿɬ) ɰɢɦ ɬɟɪɦɿɧɨɦ ɬɚɤɨɠ ɩɨɡɧɚɱɚɸɬɶ ɛɭɞɶ-ɹɤɢɣ ɡɚɫɿɛ, ɡɚ ɞɨɩɨɦɨɝɨɸ ɹɤɨɝɨ ɦɨɠɧɚ ɡɛɟɪɟɝɬɢ ɿɧɮɨɪɦɚɰɿɸ. Ɏɨɬɨɝɪɚɮɿʀ, ɦɚɝɧɿɬɨɮɨɧɧɿ ɡɚɩɢɫɢ, ɮɿɥɶɦɢ ɣ ɧɚɞɪɭɤɨɜɚɧɿ ɟɥɟɤɬɪɨɧɧɿ ɥɢɫɬɢ – ɰɟ ɮɨɪɦɢ ɞɨɤɭɦɟɧɬɚɥɶɧɢɯ ɞɨɤɚɡɿɜ. Ⱦɨɤɭɦɟɧɬɚɥɶɧɿ ɞɨɤɚɡɢ ɩɿɞɥɹɝɚɸɬɶ ɩɪɨɰɟɞɭɪɿ ɜɫɬɚɧɨɜɥɟɧɧɹ ɚɜɬɟɧɬɢɱɧɨɫɬɿ, ɡɚɡɜɢɱɚɣ ɱɟɪɟɡ ɫɜɿɞɱɟɧɧɹ ɨɱɟɜɢɞɰɹ, ɨɮɨɪɦɥɟɧɧɹ ɞɨɤɭɦɟɧɬɚ ɚɛɨ ɡɚ ɞɨɩɨɦɨɝɨɸ ɩɨɤɚɡɚɧɧɹ ɫɜɿɞɤɚ, ɡɞɚɬɧɨɝɨ ɩɿɞɬɜɟɪɞɢɬɢ ɩɨɱɟɪɤ ɝɚɞɚɧɨɝɨ ɚɜɬɨɪɚ. Ⱦɟɹɤɿ ɜɢɞɢ ɞɨɤɭɦɟɧɬɿɜ ɧɟ ɩɨɬɪɟɛɭɸɬɶ ɡɚɫɜɿɞɱɟɧɧɹ ɚɜɬɟɧɬɢɱɧɨɫɬɿ, ɧɚɩɪɢɤɥɚɞ ɬɨɪɝɨɜɿ ɡɧɚɤɢ, ɝɚɡɟɬɢ ɬɚ ɿɧɲɿ ɩɟɪɿɨɞɢɱɧɿ ɜɢɞɚɧɧɹ, ɨɮɿɰɿɣɧɿ ɩɭɛɥɿɤɚɰɿʀ, ɡɚɫɜɿɞɱɟɧɿ ɤɨɩɿʀ ɞɨɤɭɦɟɧɬɿɜ ɩɭɛɥɿɱɧɨɝɨ ɯɚɪɚɤɬɟɪɭ, ɬɚɤɿ ɹɤ ɫɜɿɞɨɰɬɜɨ ɩɪɨ ɧɚɪɨɞɠɟɧɧɹ, ɞɨɤɭɦɟɧɬɢ, ɳɨ ɦɚɸɬɶ ɨɮɿɰɿɣɧɭ ɩɟɱɚɬɤɭ ɨɪɝɚɧɭ ɜɥɚɞɢ, ɿ ɞɟɹɤɿ ɿɧɲɿ.

Ⱦɨɩɭɫɬɢɦɿɫɬɶ ɪɟɱɨɜɢɯ ɞɨɤɚɡɿɜ ɜɢɡɧɚɱɚɽɬɶɫɹ ɧɨɪɦɚɦɢ ɞɨɤɚɡɨɜɨɝɨ ɩɪɚɜɚ ɣ ɜɢɧɨɫɢɬɶɫɹ ɧɚ ɪɨɡɫɭɞ ɫɭɞɞɿ ɜ ɫɭɞɨɜɨɦɭ ɫɥɭɯɚɧɧɿ. Ɉɞɧɢɦ ɿɡ ɜɚɠɥɢɜɢɯ ɤɪɢɬɟɪɿʀɜ ɞɨɩɭɫɬɢɦɨɫɬɿ ɞɨɤɚɡɿɜ ɽ ʀɯ ɪɟɥɟɜɚɧɬɧɿɫɬɶ. ɋɬɨɪɨɧɢ ɦɚɸɬɶ ɩɨɞɚɬɢ ɜɫɿ ɞɨɤɚɡɢ, ɳɨ ɫɬɨɫɭɸɬɶɫɹ ɩɢɬɚɧɧɹ, ɹɤɟ ɧɟɨɛɯɿɞɧɨ ɜɢɪɿɲɢɬɢ, ɣ ɭɧɢɤɚɬɢ ɞɨɤɚɡɿɜ, ɳɨ ɽ ɧɟɫɭɬɬɽɜɢɦɢ ɚɛɨ ɬɢɯ, ɳɨ ɧɟ ɦɚɸɬɶ ɞɨɫɬɚɬɧɶɨʀ ɞɨɤɚɡɨɜɨʀ ɫɢɥɢ. Ⱦɨɤɚɡ ɧɟ ɽ ɪɟɥɟɜɚɧɬɧɢɦ, ɹɤɳɨ ɣɨɝɨ ɚɜɬɟɧɬɢɱɧɿɫɬɶ ɧɟ ɦɨɠɟ ɛɭɬɢ ɩɿɞɬɜɟɪɞɠɟɧɚ. Ʌɢɫɬ, ɭ ɹɤɨɦɭ ɜɿɞɩɨɜɿɞɚɱ ɜɢɡɧɚɽ ɫɜɨɸ ɜɢɧɭ, ɜ ɫɭɞɨɜɨɦɭ ɪɨɡɝɥɹɞɿ ɫɩɪɚɜɢ ɩɪɨ ɩɨɞɚɬɤɨɜɟ ɲɚɯɪɚɣɫɬɜɨ ɽ ɧɟɞɨɩɭɫɬɢɦɢɦ, ɹɤɳɨ ɨɛɜɢɧɭɜɚɱɟɧɧɹ ɧɟ ɞɨɜɟɞɟ ɫɩɨɱɚɬɤɭ, ɳɨ ɣɨɝɨ ɞɿɣɫɧɨ ɧɚɩɢɫɚɜ ɜɿɞɩɨɜɿɞɚɱ. ɉɨɜ’ɹɡɭɜɚɧɧɹ ɞɨɤɚɡɭ ɡɿ ɫɩɪɚɜɨɸ – ɜɫɬɚɧɨɜɥɟɧɧɹ ɚɜɬɟɧɬɢɱɧɨɫɬɿ ɚɛɨ ɭɩɿɡɧɚɧɧɹ – ɱɚɫɬɨ ɧɚɡɢɜɚɽɬɶɫɹ ɨɛʉɪɭɧɬɭɜɚɧɧɹɦ ɞɨɩɭɫɬɢɦɨɫɬɿ ɞɨɤɚɡɿɜ. Ɉɛʉɪɭɧɬɭɜɚɧɧɹ ɽ ɞɨɫɬɚɬɧɿɦ, ɹɤɳɨ ɪɨɡɭɦɧɨ ɧɚɥɚɲɬɨɜɚɧɢɣ ɩɪɢɫɹɠɧɢɣ ɡ ɛɿɥɶɲɨɸ ɜɿɪɨɝɿɞɧɿɫɬɸ ɜɜɚɠɚɜ ɛɢ ɞɨɤɚɡ ɿɫɬɢɧɧɢɦ, ɚ ɧɟ ɯɢɛɧɢɦ. Ƚɨɥɨɜɧɢɦ ɫɩɨɫɨɛɨɦ ɨɛʉɪɭɧɬɭɜɚɧɧɹ ɞɨɩɭɫɬɢɦɨɫɬɿ ɞɨɤɚɡɿɜ ɽ ɞɟɦɨɧɫɬɪɚɰɿɹ ɨɛɿɡɧɚɧɨɫɬɿ ɫɜɿɞɤɚ. ɇɚɩɪɢɤɥɚɞ, ɫɜɿɞɨɤ ɦɨɠɟ ɞɚɬɢ ɩɨɤɚɡɚɧɧɹ, ɳɨ ɜɿɧ ɧɚɩɢɫɚɜ ɥɢɫɬɚ, ɚɛɨ ɛɚɱɢɜ, ɹɤ ɩɨɡɢɜɚɱ ɩɿɞɩɢɫɚɜ ɤɨɧɬɪɚɤɬ, ɚɛɨ ɡɧɚɣɲɨɜ ɤɭɥɸ ɧɚ ɤɭɯɧɿ. Ʉɨɥɢ ɞɨɤɚɡ ɽ ɩɪɟɞɦɟɬɨɦ, ɫɜɿɞɨɤ ɦɚɽ ɡɚɫɜɿɞɱɢɬɢ, ɳɨ ɩɪɟɞɦɟɬ, ɩɪɟɞɫɬɚɜɥɟɧɢɣ ɭ ɫɭɞɨɜɨɦɭ ɪɨɡɝɥɹɞɿ, ɽ ɜ ɬɨɦɭ ɠ ɫɚɦɨɦɭ ɫɬɚɧɿ, ɹɤ ɿ ɬɨɞɿ, ɤɨɥɢ ɜɿɧ ɣɨɝɨ ɛɚɱɢɜ.

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LESSON 4. OUR DECISION IS ‘MAYBE’ – AND THAT’S FINAL

PART 1. THERE ARE TWO SIDES TO EVERY

ARGUMENT, UNTIL YOU TAKE ONE

1.Work in pairs. In the text below find the words that correspond to the definitions given in the box.

A.closing argument; B. legal adviser conducting a case; C. repeat; D. person or body responsible for deciding a case; E. importance; D. believable; E. discussion of the case by the jury before the

verdict; F. usual; G. shocking; H. very important; I. statement which gives reasons why the accusation is untrue; J. made shorter; K. refrain from using a right to; L. confirm;

M. trustworthiness; N. strongly encourage; O. prevent; P. transfer; Q. responsibility; R. providing evidence; S. indicate something in an indirect way.

A closing argument, summation, or summing up is the concluding statement of each party's counsel (often called an attorney in the United States) reiterating the important arguments for the Trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. Trial lawyers put great emphasis on their closing argument because it is their last chance to be persuasive before the judge or jury begins deliberations. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.

The plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals. Either party may waive their opportunity to present a closing argument.

During closing arguments, counsels may not (among other restrictions) vouch for the credibility of witnesses, indicate their personal opinions of the case, comment on the absence of evidence that they themselves have caused to be excluded, or attempt to exhort the jury to irrational, emotional behavior.

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In a criminal law case, the prosecution will restate all the evidence which helps prove each element of the offence. In the USA, there are often several limitations as to what the prosecution may or may not say, including precluding the prosecution from using a defendant’s exercise of his Fifth Amendment right to silence as evidence of guilt. One of the most important restrictions on prosecutors, however, is against shifting the burden of proof, or implying that the defense must put on evidence or somehow prove the innocence of the defendant.

2.Substitute the italicized words and word combinations in the following sentences with the words you have found in activity 1.

In the majority of cases it is usual that the closing arguments precede the judge’s instructions to the jury. Closing arguments are very important because if the legal adviser conducting a case is believable, s/he can influence the person or body responsible for deciding a case, especially the jury’s discussion of the case before the verdict. For the defense attorney, the closing argument is of great importance, as it gives a chance to repeat the testimony and to present a statement which gives reasons why the accusation is untrue. Objections during closing arguments may be raised only in the case of one of the attorney’s shocking behavior. The procedure of the closing argument presentation may sometimes be made shorter if one of the attorneys refrains from using his/her right to it. There are some important restrictions on what the counsels may do during their closing arguments. They may not confirm the witnesses’ trustworthiness or strongly encourage the jury’s emotional behavior. The law also prevents the prosecution from any illegal actions, specifically it forbids to transfer responsibility of providing evidence from prosecution to defendant or to indicate such transfer in an indirect way.