Step 1. Selection of the Jury

Step 2. Opening Statements. Thelawyers 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(надавати право)to present evidence. The testimony (свідчення) of witnesses who testify(свідчити) 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 (бути присутнім) the trial may also be evidence in the cases you will hear.

Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberationson a verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.

Step 5. 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 (достовірність) of witnesses. These arguments are not evidence.

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

When a verdict has been reached, the foreman signsit and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges(звільняти від обов’язків) the jury from the case.

29. Судові справи. Цивільні та кримінальні справи.

Civil Cases

Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. Most often, the party bringing the suit (подавати позов) is asking for money damages (грошова компенсація збитку) for some wrong that has been done. For example, a tenant (орендар) may sue (порушувати справу) a landlord (домовласник) for failure to fix a leaky (що протікає) roof, or a landlord may sue a tenant for failure to pay rent. People who have been injured ['inXəd] (травмований) may sue a person or a company they feel is responsible for the injury.

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

The plaintiff starts the lawsuit by filling a paper called a complaint (позов), in which the case against the defendant is stated. The next paper filled is usually the answer, in which the defendant disputes (оспорювати) what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed (вчиняти) by the plaintiff, in which case a counterclaim (зустрічний позов) will be filled 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 (обсяг, ступінь) to which the plaintiff must prove the case. This is called the plaintiff's burden of proof (тягар доведення), 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 (перевага) of evidence, that is, that the plaintiff's version of what happened in the case is more probably true than not true.

Jury verdicts do not need to be unanimous [ju:'næniməs] (одноголосний) 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

A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge (обвинувачення) against the defendant is called an information or a complaint. The defendant has pleaded (визнавати) not guilty and you should presume (припускати) the defendant's innocence (невинуватість) throughout [θru:'aut] (протягом) the entire [in'taiə] (весь) trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in 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 must prove; 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 agree that the defendant is guilty in order to overcome the presumption [pri'zΛmp∫n] of innocence.

30. Вердикт. Винесення вердикту.

VERDICT.

Verdict, in law, is the pronouncement (ухвалення) of the jury (суду присяжних) upon matters of fact (по факту справи) submitted to (подавати на розгляд) them for deliberation (обговорення) and determination (визначення). In civil cases, verdicts may be either general or special. A general verdict is one in which the jury pronounces generally upon all the issues (питанням), in favour of either the plaintiff (позивач) or the defendant (відповідач). A special verdict is one in which the jury reviews the facts, but leaves (залишати) to the court any decisions (рішення) on questions of law (закон) arising from (що витікає) those facts. As a rule (як правило) special verdicts are not applicable to criminal cases, and in most instances (у більшості випадків) the jury renders (виносить) a general verdict of "guilty" (винний) or "not guilty."

All jury members must be present in court when the verdict is given.