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KINDS OF CASES

Civil Cases

Civil eases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most  often, the party bringing the suit is asking for money damages for some wrong that has been done. For example, a tenant may sue a landlord  for failure to fix a leaky roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured may sue a person or a company they feel is responsible for the injury.

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

The plaintiff  starts the lawsuit by filing a paper called a complaint, in which the case against the defendant is stated. The next paper filed is usually the  answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiffs burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiffs burden is to prove the case by a preponderance of evidence, that is, that the plaintiffs version of what happened in the case is more probably true than not true-Jury verdicts do not need to be unanimous in civil cases. Only ten jurors need to agree upon a verdict if there are 12 jurors: five must agree if there are six jurors.

Criminal Cases

Acriminal case is brought by the state or by a city or county . a person or persons accused of having committed a crime. The state or county is cal led the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiffs burden of proof is greater a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff has toprove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty.

In criminal cases the verdict must be unanimous, that is, all jurors must agreethat the defendant is guilty in order to overcome presumption of innocence.

 1.заявление об обвинении

2.элемент (состава)преступления

3.презумпция невиности

4.показания(2)

5.истец

6.судебное разбирательство(3)

7.частные лица

8.денежная компенсация ущерба

9.единогласие решение присяжных

10.наличие более веских доказательств

11.письменные объяснения,возражения ответчика по делу

12.ответчик

13.встречный иск

14.бремя доказывания

15.ответственность за ущерб

16.подать иск\возбудить дело

17.заслушать показания

18.заявить о своей невиновности

STEPS OF THE TRIAL

What Happens during the Trial

Events in a trial usually happen in a particular order, though the order may be changed by the judge. The usual order of events is set out below.

Step 1: Selection of the Jury.

Step 2: Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.

Step 3: Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. On occasion, the written testimony of people not able to attend the trial may also be evidence in the cases you will hear.

Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded, as is testimony that the judge orders stricken off the record.

Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid, and whether, therefore, the  science can be admitted or the question allowed. If the objection was valid, the judge will sustain the objection. If the objection was not valid, the judge will overrule the objection. These rulings do not reflect the judge's opinion of the case or whether the judge favors or does not favor the evidence or the question to which there has been an objection.

Step 4: Closing Arguments, The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge's instructions that they feel are of special importance to their case. These arguments are not evidence.

Step 5: The Instructions. The role of the jury in America jurisprudence is 1) to decide the facts - what happened; 2) to apply those facts the law as instructed by the judge; and 3) from that application  to determine whether it has been proved, beyond reasonable doubt, us the crimes charged were committed and that the defendant committed them. In order to permit the jury to perform that role, the judge must instruct the jury on the law that is to be applied in the deliberations on a verdict. Instructions can be given at four different times during the case preliminary instructions given at the begining of the case, specific instructions given during the case, final instructions given at the end of the case, and instructions that respond to questions submitted by the jury during their deliberations. Traditionally, the judge's final instructions on  the law were given at the close-of evidence and after lawyers have made  their closing arguments. Under more current rules, judges and in some court systems, required, to give their instructions prior closing arguments.

All documents or physical objects that have been evidence will also be sent to the jury room. In. most, if not a judge reads the. instructions to the jury and they are recorded, either electronically or by a court stenographer. In some courts, the judge in addition, may give the jury a written copy to take to-the jury room.

Step 6: Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case thev have just heard. The jury first elects a foreman who will see to it that discussion is conducted in a sensible and orderly fashion fairly discussed, and that every juror is given affair chance to participate.

When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case

вступительная речь, заключительная речь, надежность свидетеля, зачитать вердикт, правомерный протест, поддержать протест, вычеркнуть из протокола, совещание присяжных, старшина присяжных, свидетельские показания, отклонить протест.