Answer the questions. Refer to the text if necessary.

1. Who can initiate appeal proceeding in civil cases: loosing, prevailing or dissatisfied party?

2. What are the main aspects regulated by the appellate procedure rules?

3. What do you understand by due process?

4. What is a final judgment?

5. What can be the grounds for prevailing party to appeal or cross-appeal?

4. React to the following statements: agree or disagree. Support your answers by information or facts from the text.

1. An appeal is an application for the judicial examination by higher tribunal of the decision of any lower tribunal.

2. In civil matters all judgments of a trial court can be appealed.

3. There must be specific grounds to challenge a lower court decision in an appellate court.

4. The main purpose of appellate process is to change a trial court decision.

5. One can speak about final judgment when the decision on a civil case is rendered by the court of last resort.

6. Appeal is a matter of discretion of a court and an appellant is required to move for leave to appeal.

5. Tell the group what information you have learnt from the text about:

· appellate jurisdiction

· legal aspects governed by the appellate procedure rules

· grounds to file an appeal

· appealable and reviewable judgments of a trial court

· parties to an appeal

6. To summarize the text, complete the sentences:

1. Appellate procedure rules regulate …

2. The term “appellate review” means …

3. If a party disagrees with the result…

4. An appeal in civil matters may be filed by…

5. An appellant is …

6. An opposing party is …

7. An appeal as of right means that …

8. An appeal by leave means that…

III. VOCABULARY STUDY

1. Search the text to find the words that:

a) have the same roots as:

to view; motion; to consider; sure; law; to defend; to respond; to permit;

b) have similar meanings to:

during; demand; to be centered on; to apply for; to finish; permission; to lodge; basis; respondent;

c) have opposite meanings to:

satisfied; to agree ; to refuse; to complete; initial

d) mean the following:

· a party in whose favour a lower court decision was rendered

· a party who files an appeal

· a counterpart of an appellant

· a judgment deciding a procedural matter

2. Give English equivalents to the following Ukrainian words and phrases:

перегляд справи в порядку апеляційного оскарження; підстави; оскаржувати рішення; подавати апеляцію; апеляційне провадження; апеляція по праву (на розсуд сторони); апеляція, яка може бути порушена лише за дозволом суду (на розсуд суду); звертатися за дозволом на апеляцію; процесуальна помилка; помилка в питаннях права; відповідати закону; скасовувати (відміняти) рішення; право діяти на власний розсуд.

3. Who or what are the following words and phrases connected with? Give one general name to each group:

1) to initiate an appellate proceeding; to file an appeal; to disagree with the trial results; to move for a leave to appeal; to challenge court decision; to seek an appellate review; to refer to a higher court; dissatisfied party;

2) jurisdiction; to render a judgment; to consider a case; due process; ruling; discretion; order(s); to grant or refuse demand to appeal; trial; judge; jury; verdict.

4. Find words not connected with an appeal process:

appeal, trial, briefs, to overturn, to challenge, claimant, to execute, to stand, damages, review, to change, defendant, pleadings, to question witnesses, objections, defences, claim, to dismiss claim, verdict, examination of evidence, pre-trial conference, execution of judgment, to bring a lawsuit, to discover evidence, error of law, to overturn court decision.