Контрольная по английскому языку Civil procedure
CIVIL PROCEDURE
То start a civil case, a pleading must be filed with the court, called a complaint, naming the party against whom the case is brought (the defendant). The person or organization filing the case is called the plaintiff. Most civil cases are prepared and filed by an attorney paid for by the plaintiff. The complaint must state a cause of action (there must be enough set forth that a defendant can know what he is accused of having done). Only some civil cases must be verified (sworn to), and there is a court cost payable at the time of filing a civil case.
Next a summons is issued, inviting defendant to come to court. The summons tells the defendant how many days he has to make appearance and file an answer. If he does not, a default judgment may be entered against him. A defendant can defend without a lawyer.
Both parties have a right to jury trial but they must file a paper asking for a jury or they lose the right. There is not, generally, a right to speedy trial in civil cases.
In the U.S., the first question in civil procedure is: “What court do I want?" As we have 50 state law and procedure systems plus one federal system picking the right court is a problem. Today there is little, if any, need for this diversity, we could easily have one law and procedure for the entire nation. You select the court based upon jurisdiction: General, Special, and Exclusive (within each of which is in personam, in rem, and quasi in rem).
General Jurisdiction means that a court can consider any type of case. Special Jurisdiction means that a court only handles one type of case: maybe juvenile; family (divorces, adoptions, etc.); criminal; bankruptcy. Exclusive Jurisdiction means that this is the only court in which the type of case may be filed.
In personam jurisdiction means that the court has power over the person. It is the highest and best form of jurisdiction for the reason that if you win judgment, it has full faith and credit in all other states and can be easily enforced.
In rem jurisdiction means the court has jurisdiction over property (real or personal) of the other party. Thus a judgment can be entered effecting that property and be binding against the defendant even if the defendant is not in the jurisdiction of the court (in personam).
Quasi in rem means that jurisdiction over the property is used to create in personam jurisdiction if certain other factors are present called substantial contacts with the jurisdiction.
A suit filed in a state court may be removed to federal court in certain circumstances, and a federal court may send a case to a state court in certain circumstances. A state court in county A may order a. case transferred to a state court in county В under non convenes forum doctrine, but one state cannot send to another state. If we had one uniform law for the entire nation, only the question of non convenes forum would exist, all other questions of jurisdiction would disappear. The issue of jurisdiction grows out of state sovereignty: which state has sufficient contacts to be able to exercise control over the citizen of another state.
Picking the right court is important; because if you pick the wrong court, your judgment may have little, or even no, value. And while you are searching for the right court, the statute of limitations might expire and you would have no case anywhere.
Once served with summons, a defendant must appear and file an answer and admit, deny, claim lack of information, or request to make; more specific each allegation of the complaint.
Defendant may file a counter-claim against plaintiff for any other claim, even if totally unrelated to plaintiffs case (even a tort action countering a contract action). Defendant may file a cross-claim against another defendant or a single one of multiple plaintiffs. A defendant can file a third-party claim against someone not a party to the case who defendant says will be liable to defendant if plaintiff wins. Defendant can request the court for permission to interplead a party, who defendant thinks may be affected by the case and whose presence is needed for a full and final determination. Defendant can also file affirmative defenses: such as set-off. In some cases if defendant has an affirmative defense, counter-claim, or cross-claim, and does not file it, he loses that claim for all time.
At any time before trial, either party may file a motion for judgment on the pleadings or motion for summary judgment (The first allows the court to look at the pleadings and say if a case exists. The second allows the court to look at the pleadings plus evidence submitted by discovery or affidavit (a sworn statement of a person).
At any time after a case has begun, parties may commence discovery of what the evidence is. Discovery is self-governing in that the court does thing unless a party objects to some form of discovery proposed by other party. Types of discovery are: depositions; deposition by written examination; or requester for admissions, examination or copying.
Prior to the trial, the judge will hold a pre-trial conference with the attorneys (and sometime the parties). At the end of the hearing, an order will be entered, listing the issues for the trial. Any and all issues listed in pleadings are merged into this order which then controls the rest of case. The judge can also take the various cross and counter cases and create entire new cases for them so that they are tried separately. The vast majority of all civil cases in the U.S., like the vast majority all criminal cases, are not tried — they are settled. The problem is that parties rarely face each other: all bargaining is done by the attorneys. Thus, the parties have no ownership in the settlement, even though they prove the settlement, and they never get to speak to each other, so all their feelings and emotions are still inside them, eating at them. As in criminal cases, we need face to face confrontation of the parties in civil es for any true resolution of conflict, or healing, to take place.
EXERCISES
1.Translate the following words and word combinations or find Russian equivalents:
cross-claim
civil procedure
summons
default
judgment
to serve
set-off
verification
complaint
pre-trial
interpleader
2. Translate the following sentences into Russian:
1. General Jurisdiction means that a court can consider any type of case. Special Jurisdiction means that a court only handles one type of case: maybe uvenile; family (divorces, adoptions); criminal; bankruptcy. Exclusive jurisdiction means that this is the only court in which the type of case may be filed.
2. To start a civil case, a pleading must be filed with the court. The pleading is called a complaint, naming the party against whom a case is brought.
3. The person or organization filing the case is called the plaintiff. Most civil cases are prepared and filed by an attorney.
4. A court cost is payable at the time of filing a civil case (but not a criminal case).
5. A suit filed in a State Court may be removed to Federal Court in certain circumstances, and a Federal Court may send a case to a State Court in certain circumstances.
6. Once served with summons, defendant must appear and file an answer. Defendant may file a counter-claim against plaintiff. Defendant may file a crossclaim against another defendant. Defendant can request the court for permission to interplead.
7. At any time after a case has begun, parties may commence discovery, discovering what the evidence is.
8. Prior to the trial, the judge will hold a pre-trial conference with the attorneys (and sometime the parties).
9. Most states (in the U.S.) today have one or more “long-arm statutes” which allow them to exert jurisdiction over a non-resident for acts done in the state or connected to the state, or having an impact in the state.
10. There are 50 state law and procedure systems in the U.S. plus one Federal System. Picking the right court is important because if you pick the wrong court, your judgment may have little, or even no value. And while you are searching for the right court, the statute of limitations might expire and you would have no case anywhere.
3. Fill the gaps in the sentences below with the words and expressions from the box. There are two expressions which you don’t need to use. There are expressions which you may use twice.
plaintiff, complaint, private wrong, plea bargain, in personam, public wrong, summons, pre trial conference, default judgment, verification, settlement, in rem, cross-claim, defendant, quasi in rem
1. In a civil case, the_starts the case by filing a_against the_.
2. The document, in a civil case, which invites you to appear and defend is_.
3. To see if a case is ready for trial, a judge, in a civil case, meets with the attorneys in a_.
4. Most of our criminal cases are disposed of by_while most civil cases are disposed of by_.
5. A tort is considered to be a_while a crime is considered to be a
6. _jurisdiction means that the court has power over the person.
7. _means that the court has jurisdiction property (real or personal) of the other party.
8: _means that jurisdiction over the property is used to create in personam jurisdiction if certain other factors are present.
9. Jurisdiction may be_or_or_.
10. If the defendant doesn’t make his appearance at the trial or hearing_may be entered against him.
4. Find English equivalents for the following Russian expressions:
принятие судебного решения вследствие неявки ответчика
подтверждение под присягой
возбуждение судебного процесса в целях определил прав третьих лиц на спорный предмет
иск для установления права собственности на имущество, на которое претендуют несколько лиц
вызов в суд
встречный иск
письменный опрос сторон или свидетелей
жалоба
гражданский процесс
досудебный
вручать судебный документ
5. Translate the following sentences from Russian into English:
1. Гражданский процесс есть установленный Нормами гражданского процессуального права порядок разбирательства и разрешения судом гражданских дел, исполнения решений и постановлений судов.
2. Гражданский процессуальный кодекс есть закон, в котором систематизированы нормы гражданского процессуального права.
3. Суд общей юрисдикции может рассматривать судебные дела людей категории.
4. Суд специальной юрисдикции может рассматривать судебные дела только одной категории, например: только дела о банкротстве, дела семейных отношений — развод, усыновление, удочерение и др.
Эта контрольная работа по английскому языку будет интересна тем, кто учиться на юридических специальностях. Здесь даются задания в основном на усвоение специальной юридической лексики по английскому языку. В этой контрольной множество заданий на перевод предложений.
