What is a civil procedure?

A civil action involves two parties. The party who brings a civil action is the plaintiff (or claimant); the party against whom the civil action is brought is the defendant. There may be many plaintiffs or many defendants in the same case. Most often, the party bringing the suit is asking for money damages for some wrong that has been done.

The plaintiff starts the lawsuit by filing a paper called a complaint, in which the case against a defendant is stated. This step is usually done by the attorney for the plaintiff. The complaint states the plaintiff’s claims, which allegedly justify the relief demanded. Next, the defendant must be properly served with a copy of the complaint and with a summons. The summons is a court order which directs the defendant to answer the complaint.

The defendant normally files an answer, where he or she may do one of the following: 1) declare that even if the facts alleged in the complaint are true, they do not constitute a wrong for which the defendant has any duty to pay or otherwise act – this is an issue of law which is decided by the judge; 2) deny the truth of the facts alleged in the complaint – this raises an issue of fact; 3) admit the facts alleged but introduce other facts that excuse the defendant from liability – the dispute can then proceed to trial. The defendant may also feel that that there has been a wrong committed by the plaintiff, in which case a counterclaim will be filed along with the answer. If the defendant doesn’t answer the complaint within the time allowed

(generally not more than 20 days), the plaintiff may win the case by default judgment.

Both parties may engage in discovery procedures which are done under court order to obtain facts about the case and to identify the issues in dispute. A very frequently used discovery procedure is the deposition. In a deposition, parties and witnesses are questioned under oath by the opposing attorney usually in the office of one of the attorneys, and in the presence of a court reporter, who makes a written record of what is said. Depositions and other discovery procedures, such as physical examinations of persons claiming they were injured, help the attorneys learn the facts before the trial. Often, an attempt is made to resolve the differences without trial and it leads to out-of-court settlement. If the attorneys cannot compromise and agree on some settlement, either party may ask the court to set a date for the trial. It is up to the plaintiff to prove the case against the defendant. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff’s burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a preponderance of evidence, that is, that the plaintiff’s version of what happened in the case is more probably true than not true.

Ex. 1.Answer the questions to the text.

1. What are the two parties a civil action involves?

2. How does the plaintiff start the lawsuit against the defendant?

3. What is the summons?

4. What are the three answers the defendant files in case of a civil case brought against him/her?

5. Why does court sometimes order discovery procedures?

6. Who is responsible for the burden of proof and why?

Ex. 2.Find these phrases and expressions in the text.

1. денежная компенсация ущерба 2. распоряжение суда 3. арендатор 4. дело может быть передано в суд 5. отрицать достоверность фактов 6. регулировать противоречия вне суда 7. освобождение ответчика от ответственности 8. собственник недвижимости 9. подать встречный иск 10. допрос под присягой

11. судебный протокол 12. признавать факты

Ex. 3.Match the terms with their definitions.

trial, complaint, tort, summons, deposition, burden of proof, counterclaim, preponderance of evidence

a) under civil law, a wrong committed by one person against another is …

b) proceedings in a court, in which the judge or jury listens to the parties' presentation of evidence and then makes a decision based on the law

c) most of the evidence in a law case

d) an official order to appear in a court of law

e) a statement written or recorded for a court of law, by someone who has promised to tell the truth

f) the duty to prove in court that something is true

g) a statement in which someone complains about something

h) a claim made by a Defendant for his / her own personal injury, loss or damage where he / she seeks to blame the Claimant for the accident.

Ex. 4.Fill the gaps with the missing words from the box.

plaintiff, defendant, complaint, summons, out-of-court settlement, court order, money damages, liability, tenants

1. Twelve ____________ of the Lockwood housing complex are taking part in the lawsuit against their landlord.

2. Ten ______________ are suing the companies for damages from the blast.

3. The court ruled there was no ___________ to pay any refund.

4. The court awarded him $15,000 in _____________.

5. She's under a _______________ to stay at least 500 yards away from her ex-husband.

6. But Education Department lawyers made the ______________________ and agreed to pay his $12,000 costs.

7. He had been accused of a drug offence but police had been unable to serve a __________ on him.

8. None the less, annual employee ____________________ filed with the

federal Equal Employment Opportunity Commission have doubled.

9. According to the __________________, the heroin was destined for the New York City area.

II. Discuss in pairs or in small groups the following cases to decide whether the claim in each case is legitimate or not. What do you think the court ruling would be?

Case 1. In 2004, Timothy Dumouchel, from Fond du Lac, Wisconsin sued a television company for making his wife fat and transforming his children into “lazy channel surfers”. He said: “I believe the reason I smoke and drink every day and my wife is overweight is because we watched the TV everyday for the last four years”.

Case 2. In 2001 Cathy McGowan, 26, was overjoyed when a DJ on Radio Buxton told her that she had correctly answered a quiz question and had won the competition prize: a car by Renault. Ecstasy collapsed into despair, however, when she arrived at the radio station and was presented with a 4-inch model of the car. She sued the radio station.

Case 3. Giran Jobe, a 36-year-old bodybuilder, was doing regular two-hour weight lifting sessions - and the noise when his power weights came crashing down on the floor of his top-floor flat - was so bad that it reached as much as 100 decibels, according to monitors installed by the local council. In other words, as loud as the noise on the platform of a Tube station as a train arrives. After his workouts became intolerable to his neighbours, they sued him for the breach of a noise abatement order.

Case 4. The Supreme Court of Austria was asked to rule that Matthew Hiasl Pan, a chimpanzee, is a person. An animal-rights group launched the unusual legal bid in order to legally adopt Matthew after the shelter he had lived in for 25 years closed. The group argued he should legally be considered a person on the grounds that chimpanzees share 99.4 per cent of human DNA.

Внеаудиторная работа

GRAMMAR SECTION

Grammar to be revised: Modal Verbs

Ex. 1. Analyse and translate the sentences paying attention to the modal verbs and their equivalents.

1. The President, the head of the Executive Branch must carry out the government programs adopted by Congress.

2. In domestic as well as in foreign policy the President can seldom count upon the automatic support of Congress, even when his party has a majority in both the Senate and the House of Representatives.

3. To become a law a bill must be approved by both Houses of Congress, but any bill passed by Congress may be vetoed by the President.

4. Many reasons have been offered to explain why the U.S. has been able to go from a small struggling economy to the leading industrial and agricultural country.

5. The President is elected for four years of service and may be reelected for four additional years.

6. Being afraid of a powerful Federal Government the Americans had to add 10 amendments to the Constitution – the Bill of Rights – in 1791 which guaranteed liberties to the people and since then 17 more amendments have been added to the Constitution.

Ex. 2. Ask and answer the questions working in pairs:

1. How may the Constitution be defined?

2. Can the President veto laws passed by Congress?

3. Can Congress pass laws over the President’s veto?

4. Could the country prosper if the states continued to quarrel among themselves?

5. I wonder if each House of Congress may initiate legislation.

6. May the House of Representatives and the Senate reject each other’s bills?

7. Where must a bill be sent if it is introduced?

8. Must the Senate confirm the President’s judicial appointments?

Ex. 3. Complete the sentences using “can” or “be able to”:

1. Only the House of Representatives … impeach officials, but only the Senate … try the officials and decide if the official … stay in office.

2. In 1776 Americans ... break with old traditions.

3. The President … (not) declare war without the approval of Congress.

4. A decision of the Supreme Court ... (not) be appealed to any other court.

5. Neither President nor Congress ... change the decision of the Supreme Court.

6. It was very difficult but we ... persuade our opponent.

7. He is a well-known politician, he ... be nominated as the Democratic presidential candidate.

8. He is a Secretary, so he … (not) serve in Congress.

Ex. 4. Express different shades of meaning using Modal Verbs and the proper forms of the Infinitive:

Model 1: may, might, can, could (possibility):

These public officials failed to perform their duties properly.

– They (to remove) from office.

– They can be removed from office.

1. Let’s demand a recount. It (to show) majority in Wilcot's favour.

2. He has a great number of supporters. He (to win) the election.

3. The orator spoke in a dull flat voice. We (not to follow) him.

4. Associated Justices (not to elect), they are nominated.

5. A veto (to override) by a two-thirds vote of the Congress.

Model 2: (improbability or doubt):

I don’t believe that he has won the elections.

– He can’t have won the elections.

1. Is he really making investigations all alone?

2. I don’t believe that he resorted to sordid methods in running the elections.

3. Is it true that Bert Glimmer supports the Democrats? He has quite opposite political views.

4. I doubt that the proposal has been put to vote. I think it’s still being discussed.

5. Is the commission still sitting? Unbelievable!

Model 3: (reproach):

Your supporters have helped you a great deal.(to thank them)

– You should have thanked them.

1. He is just a typical TV glamour boy (to vote for him).

2. Robert is upset about his failure (to support him).

3. People don’t respect you any more (to sling mud your opponents).

4. Our candidate has lost the election (to nominate a recognized politician).

5. They said they could see practically no difference between your party program and that of your rivals (to have more clear-cut program).

Ex. 5. Express the same idea using modal verbs.

Model 1: a) Are we permitted to vote? (Are there any regulations against voting?)

– Can we vote?

b) Do you advise us to vote for this candidate?

– Should we vote for this candidate?

c) Are we required to vote at the elections?

– Must we vote at the elections?

1. It is necessary to register for local elections.

2. It is advisable to contact journalists.

3. It is not obligatory to be a party member to run in elections.

4. The committee decided to meet on Monday.

5. Perhaps he will change his decision.

6. I am not rich enough. I have no possibility to benefit the electoral campaign.

7. She managed to get a majority of ten in her favour.

Model 2: a) I am sure he is a party leader.

– He must be a party leader.

b) I doubt that he has won the elections.

– He might have won the elections.

c) It was a bad idea to join this lobby.

– You shouldn't have joined this lobby.

1. Everybody is sure that he appealed to the U.S. Supreme Court.

2. I don't believe that such a minor party has won the majority of seats.

3. Why didn't you participate in decisions that concerned you?

4. Beyond doubt, he didn't do it!

5. Perhaps President vetoed the Act of Congress, but I don't know.

6. It can't be that Congress refused to provide funds for such a project!

Ex. 6. Use the proper modal verbs or their equivalents in the correct form: can(not), may, must, shall, should, ought (to), be (to), have (to), be able (to):

1. To become President in the USA one _____ be born in the USA. One _____ also be 35 years old or more. One _____ be President for a term of 4 years. One _____ be re-elected again for one more term.

2. If the President dies, or resigns, or _____ (not) to work, the Vice President becomes President. So, the qualifications for Vice President _____ be the same as for the President.

3. The U.S. government _____ give protection (asylum) to refugees if they have reason to fear death or mistreatment in their native countries. Refugees no longer _____ to prove that their lives are in danger.

4. Although the national popular vote _____ be very close, one candidate ____ receive an overwhelming majority of Electoral College votes.

5. If citizens don’t vote, the system of democracy _____ (not) be truly representative.

6. The Constitution says that a Senator _____ be at least 30 years old, a citizen of the U.S. for 9 years, and a resident of the state from which he is elected.

Ex. 7.Complete the sentences with the most suitable modal verb.

1. The jurisdiction of the Federal courts _____ include cases which concern the interpretation of the Constitution, of treaties between the United States and foreign countries and of all Federal laws.

2. The Constitution provides that the electors _____ meet in the respective states to ballot for the President and Vice President.

3. The date for voting by electors, according to the Constitution, _____ be the same through the United States.

4. In the Declaration of Independence people _____ find the key ideas about how the Americans of that generation thought free people _____ live.

5. Modern society recognizes that the individuals who are called to serve on a jury _____ not be allowed to suffer financially as a result of such public service.

6. The American economy ____ to be built, as they say, from the ground up.

Ex. 8. Translate into English:

1. Во многих городах и округах свои законы, определяющие, кто может и кто не может владеть оружием.

2. Каждый отдельный политик должен уделять особое внимание нуждам своих избирателей.

3. Это политическое лобби, несомненно, ослабило позиции демократов.

4. Журналистам следовало бы проявить больше уважения к лидерам правительства.

5. Чтобы участвовать в выборах, не нужно быть членом политической партии, можно просто объявить, что им являешься.

6. Думаю, вам придется проголосовать за наше предложение.