Упражнения и задания по грамматике

b) Judge
The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is.
At trial, the judge takes a passive, "umpire" role in connection with the presentation of evidence by counsel. The judge must also make evidentiary clings, and charge the jury as to the law to be applied. In addition, the judge is to maintain order in the courtroom.
Occasionally, when the parties agree, the judge may also act as trier of fact. This is known as a "bench trial."
Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote.
c) Jury
The jury, a group of local citizens, is the fact-finder in most trials. The jury will receive instructions from the judge as to the law, and its members will assess the facts as they perceive them in light of the law as instructed, to return a verdict.


Task 5. How does a case usually start?^
1. The plaintiff files a summons and a complaint with the clerk of court. The plaintiff’s attorney will also file an appearance.
2. The summons and complaint will be personally served on the defendant by a sheriff or a "process server." Other means of service may also be possible under local rules.
3 The defendant's attorney will file a (general) appearance on behalf of the defendant, unless the defendant denies that the court has personal jurisdiction. (If the defendant denies that the court has personal jurisdiction, the defendant may file a "special appearance" to challenge the court's exercise of jurisdiction.)
4. The defendant will file some "responsive pleading" to the plaintiffs complaint. This may be an answer (to the allegations of the complaint), a motion to dismiss (for lack of personal jurisdiction or subject matter jurisdiction), or a counter-claim (or cross-claim) to assert the defendant's own claims against the plaintiff.
5. The parties will engage in a period of "discovery." This may involve the answering of written interrogatories, producing documents and other evidence, taking depositions of the parties and the witnesses, and admitting facts or the authenticity of documents. A party may move to suppress or exclude certain evidence at this stage.
6. The parties will appear periodically before the judge to report on the status of the case. Eventually the case will be ready for trial (unless the case is settled privately between the parties).
7. Trial will commence. The trial is called before a jury or before a single judge. The trial before a single judge may be called a "bench trial." If the trial is before a jury, each side will participate in the process of selecting jurors (the "voir dire").
8. The trial begins with an opening statement from the plaintiff and, usually, an opening statement from the defendant. The plaintiff will then present its testimony and other evidence in support of its case. The defense may cross-examine the prosecution's witnesses. When the plaintiff has finished presenting its case, the defense will present its own testimony and evidence. Both sides will then make closing arguments and the jury will receive "jury instructions" to help it reach its verdict. The judge will usually enter a judgment based on the jury's verdict.
9. The losing side may decide to appeal to a higher court.