Text № 3 The Duties of a Juror
In a civil action tried by a jury, the jury determines whether the plaintiff or the defendant wins the law suit. If damages are to be awarded, the jury decides how much money the successful party receives. In criminal law the jury must be persuaded beyond a reasonable doubt that the defendant is guilty before he can be convicted of the crime.
There are two kinds of juries: the petit or «petty» jury and the grand jury. The petit jury is a fact-finding body that decides civil cases and determines the guilt of an accused in a criminal trial. The grand jury is an accusatory body. It functions solely in criminal law. The grand jury hears preliminary prosecution evidence and determines whether that evidence is sufficient to indict of legally charge the person with a crime. When a grand jury indicts an individual, it charges him with a specific offense. The accused is then tried by a petit jury which determines his guilt or innocence of that charge. Thus, the two juries each have important functions to perform.
In general, a prospective juror must meet the following requirements: He must be a citizen of the United States between twenty one and seventy years of age, in possession of his reasoning faculties, and in reasonably good health. However, the state laws governing the jury qualifications vary.
In most states certain conditions automatically disqualify an individual from serving on a jury. For instance, a person convicted of a felony or of a misdemeanor involving moral turpitude (conduct contrary to honesty, justice, modesty, or good morals) cannot serve. The laws of many states specifically disqualify from jury duty members of parties or organizations which advocate the violent overthrow of the government.
Some individuals are automatically exempted from jury duty because of their jobs. Thus, in many states, government officials are excluded from serving on a jury. Many others can claim exemption if they belong to professions that provide important public services. This list of people usually includes: surgeons, dentists, physicians, pharmacists, attorneys, priests, ministers, members of the military, policemen, firemen, and journalists.
To choose the actual trial jurors from among the veniremen, lawyers conduct what is known as a voir dire. In other words, they question each venireman individually to determine whether he is qualified. For example, if the juror has prior knowledge of the case, personal prejudice or is a blood relation of a party, he is disqualified from serving on that particular jury. When the lawyers for both sides are satisfied, the jury can be seated and the trial can begin.
|
|
|
The juror performs his all-important function during the trial. He must listen to all the evidence and determine which witnesses are telling the truth. At the end of the trial, the jury returns to its private room where it deliberates on the case and seeks to agree on a verdict. In his determination of the facts, the individual juror must make his decision in accordance with the instructions of the law given by the judge. Because compromises and other improper means of arriving at a verdict are occasionally employed, the use of a jury has been criticized. However, no one can deny that the jury has proven an effective means to determine litigated questions among the nation’s citizens.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
Text № 4 The Duties of a Witness
Lawyers handle only the legal procedures of a trial and the substantive law involved. The individual witnesses provide the facts. This is an extremely important function, especially when one considers that a trial is nothing more than a forum in which each party, through its witnesses, is given a chance to tell his side of the story. After hearing all the testimony, the jury then decides which are the true facts.
It is clear that the individual witness has a significant bearing on the outcome of a trial. It is important, therefore, to know what is expected of a witness when he appears at a trial.
If a person witnesses an event which may become the subject of a lawsuit, he will soon find himself interviewed by attorneys or investigators from both sides. In some instances, one interview will take place with attorneys from both sides and will be recorded word for word. This is called a deposition and affords a fair method for the lawyers to discover the relevant facts. At the initial interview, the attorney representing the party for whom the individual is testifying will go over the facts with the witness. They will also discuss the format of the questions that will be asked on direct examination, sometimes question by question. The lawyer will attempt to prepare the witness for the type of questions he can expect during the cross-examination.
|
|
|
Juries determine facts both by what is said and by the manner in which it is said. As soon as a person takes the witness stand, the jurors, consciously or subconsciously, begin to formulate impressions on his credibility. There are many factors underlying these impressions:
* Whether the witness answers promptly or hesitates;
* Whether he exaggerates;
* Whether he is overbearing;
* Whether he appears insincere;
* Whether he is crude;
* Whether he is obviously prejudiced toward one side.
In addition, juries judge a witness by his physical appearance. Many jurors would not be wholly objective toward a witness who was unwashed, unkempt, and wore dirty clothes. Also, a lawyer representing a woman in an alienation of affection lawsuit would be taking a risk if he permitted her to testify in a provocative dress. In spite of honest assertions to the contrary, such factors subconsciously affect the jury’s impression of a witness. Commonly approved ideas for witnesses include good grooming; good posture; simple, clear explanations; sincerity; and honesty.
In summary, the layman is the best witness when he presents a respectable physical appearance, honestly relates the facts as he remembers them, does not fabricate to put together the loose ends of his memory, and gives clear, forthright answers.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
|
|
|
Text №5 The Individual as a Party in a Civil Lawsuit
At least two individuals are involved, in every civil suit: a plaintiff and a defendant. These individuals are called «parties». The plaintiff is the person who files the complain. This statement claims that the defendant is responsible for the plaintiff’s damages. At trial, although the burden of proof is usually on the plaintiff, the defendant may have to defend himself against this claim. In some cases he must show that he is not responsible for the injuries, either factually or legally. In other civil suits, the defendant must prove that it was the plaintiff’s negligence that caused the injuries.
The parties in most civil trials are laymen. Many are unfamiliar with the legal technicalities of courtroom procedure. If the parties personally testify at the trial, the ideas expressed earlier about the responsibilities of witnesses are applicable.
The plaintiff and the defendant are directly affected by the outcome of a trial. One wins, the other loses. Sometimes substantial amounts of money are involved. It is paramount, therefore, that each does everything within legal limits to help his cause.
Initially, a concerned party can best help himself by telling his lawyer everything remotely connected with his legal claim. Let the lawyer determine whether it is «legally relevant». Many individuals unwittingly damage their cases by leaving out ‘unimportant’ details, only to discover later that those facts could have changed the verdict.
The initial interview should disclose the facts of the incident, including the names of witnesses, any documentary evidence, the weather if relevant, the sequence of events, and other details. The lawyer can investigate these facts and seek corroboration by other witnesses. This process slowly solidifies the case. If, after initial interview, the individual recalls additional facts, he should inform his lawyer. However, the party should not talk to the opposing party, his attorney or any investigator employed by the other person unless his own lawyer is present. The lawyer’s presence can insure that the questioning is fair and relevant. If his lawyer is not there, an individual may be drawn into making misleading statements that could adversely affect his case.
|
|
|
At the trial itself, the party should present a neat appearance. Unconventional clothing can adversely affect a party just as it can a witness. In fact, he can lose his own case. Another important rule is to be concerned, but not insincere or overly emotional. Honesty and restraint are the party’s best assets. Apart from giving any direct testimony, the plaintiff or defendant stays with his lawyer at the counsel’s table and observes the trial. During the course of the proceedings, the lawyer may consult with him frequently to verify facts or to seek additional information. Apart from this information the job of the layman as a party is completed.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
Дата добавления: 2018-04-15; просмотров: 3038; Мы поможем в написании вашей работы! |
Мы поможем в написании ваших работ!