Find sentences with Passive Voice and propose the best translation.

Point out sentences with Participles II in the text, explain the usage and translate them.

 

V. SPEAKING

1. Read the text and explain the differences and peculiarities of the civil trial procedures in the legal systems mentioned in the text. Speak on the relative advantages and disadvantages and suggest one change you would make to each system. Write notes in the boxes:

COMMON LAW CONTINENTAL LAW
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It is sometimes said that the common law trial procedure especially that of the USA is adversarial, while in the continental law legal system trial procedure in civil cases is inquisitorial. This means that, in the common law, a lawsuit is essentially the concern of the adversaries, that is, the parties and their lawyers. It is the lawyers who present the evidence, and, unless a procedural problem arises, the judge simply listens to the presentation. By contrast, in the civil law there is a greater emphasis on the judge as a guarantor of a just outcome of the case, regardless of the lawyers' abilities. To this end he often functions as an inquisitor, questioning the parties as to the factual matters of the case. In some countries, such as Germany, the judge is required to guide the proceedings — for instance, by suggesting to the parties that they direct their attention to a particular point of fact or law.

Unit 1 Civil Procedure Section 2 Parties and Legal Proceedings in Civil Cases

I. LEAD-IN

1. Think over the following questions and discuss them in class:

· Who can be a party to a civil dispute? There are some words below to help you.

(to bring a suit, to fail to do smth., a plaintiff, to perform, to break/breach, to obtain legal relief from, the breaching party, the remedy for, a defendant)

· What stages of the litigation process are provided for by the Civil Procedure Code of Ukraine?

· The text you are going to read contains information about various stages and procedures of the American litigation process. Before you read, think over the subject and try to predict notions or terms that might be used in the text. Discuss your ideas with your groupmates.

Read the text to understand if your predictions were correct:

 

TEXT 2

Notes:

1prayer for relief– клопотання про надання судового захисту (задоволення вимог)

2to stem from–бути результатом

3to solicit– клопотати, звертатися з клопотанням про

4to negotiate a contract– укладати угоду

5deadlocked– склад присяжних, що не дійшли одностайної думки

6mistrial– (амер.)судовий процес, в якому присяжні не винесли одностайного рішення