What Does Disposed Mean in a Court Case

What Does Disposed Mean in a Court Case

TASK 1. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.

Jury

Jury is a body of people who are chosen to decide the truth of factual evidence in an action or legal proceeding and, on instruction of the court, to apply the law to the facts. Such a body is called a petit jury or trial jury. Traditionally, a trial jury consists of 12 people, often with one or two alternates.

From the History of Jury

The exact origin of the jury system is not known; various writers have attributed it to different European peoples who at an early period developed different methods of trial. It seems probable that the jury in England was derived directly from the Norman institution of recognition by sworn inquest, whereby 12 knights were chosen to serve as recognitors.

As early as the 12th century, it had become customary for suitors in certain cases affecting the title to real estate to apply to the King's Court for the summoning of recognitors to ascertain, either from their own knowledge or on inquiry from others, the truth of the matter at issue; the verdict of the court, if unanimous, was accepted as conclusive. It was natural that other questions of fact arising in the King's Court should be disposed of in a similar manner, and the gradual transformation of the recognitors into the jury followed as a matter of course. Originally, the jury members were not only judges of fact, but were also witnesses who were selected because of their knowledge of the customs and the people of the locality, and possibly of the suitors themselves. In the early 15th century, however, the judges of the courts of common law restricted the jury to the performance of its function as a judge of fact based on the evidence submitted in an action. This is the single function of the jury in modern practice.

Selection of a Jury in the US

In the US the selection of a jury starts when a large group of citizens is called to appear for jury duty at each term of court. They are selected according to constitutional provisions. Each state has its own qualifications for those who may serve on a jury. In general, all jurors must be US citizens, local residents, of approved integrity, and of reasonable intelligence. The group of jurors called at any one time is known as a panel. Both the state and federal courts have independent lists of jurors that are made up under the direction of officials known as commissioners of jurors. Jurors are paid, as provided by statute, for time spent serving on jury duty.

At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective jurors are drawn by lot by the clerk of the court. Both the defense and the prosecution may examine the jurors to ascertain whether cause for challenge in any particular case exists�that is, whether circumstances exist that might improperly influence a juror's decisions, such as bias or self-interest. The parties to the action or their attorneys may then exercise their right to eliminate undesirable members from the jury by means of challenge.

Functions of a Jury

After a satisfactory jury has been drawn, the jury is sworn, and the trial proceeds. In general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury.

After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, �sum up,� that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel's side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in rendering a correct verdict. The jury then retires from the courtroom to begin deliberations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement. The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called. All members of a jury must agree on a verdict, which in a civil trial may be �for the plaintiff� or �for the defendant,� and in a criminal trial �guilty� or �not guilty.� (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless rendered contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal.

TASK 2. Find the appropriate definitions:

ascertain	����� (���������, ���������), ������ �����
alternate juror	�������������; ����������; ��������; ������������
summon	�������� ��������� ������� � ���������� ����������� �������
recognitor	1) �������� 2) ��������
challenge	����������� ����������
jury of peers (jury of one's peers)	1) ��������� 2) ����, ������ ������������� � ����
inquest	�����
suitors	�������������, ��������, ���������
panel	�����������, ������������
unanimous	������ ��������� �����������
hung jury	������� ��� ��������� ���� ���������
to disturb the verdict	�����������
deliberation	�������� ���������, �� ��������� � ������� ������
sequester	��������� ������ � ���������� ��������
report of jury service	���������, ����������

TASK 3. Answer the following questions:

1) What is a jury?

2) What is known about the origin of a jury?

3) What was the procedure of affecting the title to real estate in XII century?

4) Who was a predecessor of a juror?

5) How the performance of jury�s function was changed in the early 15th century?

6) What do you know about the selection of a jury in the US?

7) How does a jury work?

TASK 4. True or false (correct if the statement is false)?

1. Petit jury is a jury of 12 persons empanelled to determine the facts of a case and decide the issue pursuant to the direction of the court on points of law.

2. The jury derived from Norman institution of recognition by sworn witnesses.

3. In the early 15th century the� jury members were not only judges of fact, but also witnesses or possibly the suitors themselves.

4. Panel is a list of persons summoned for jury service.

5. Jurors are not paid for time spent serving on jury duty.

6. Only the judge has the right to challenge a juror in case of his bias or self-interest.

7. All questions of law are determined by the jury.

8. After all the evidence has been presented the judge �sums up,� reviewing the evidence in the case in order to aid the jury in rendering a correct verdict.

9.� Hung jury is a trial jury duly selected to make a decision in a criminal case regarding a defendant's guilt or innocence, but who are unable to reach a verdict due to a complete division in opinion.

10. The verdict of a jury is decisive and cannot be disturbed.

TASK 5. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.

From the Juror�s Handbook (New York Court System)

INTRODUCTION

Most people seldom need to think about a jury or how one operates within a trial. It is helpful to envision the jury as an arm of the court - its purpose is to consider the facts and circumstances which are presented in a case and to apply this information to the law.

Being a juror does not require any special skills, expertise or education. The jury's job is to determine the truth to the best of its ability on the basis of the evidence presented in a case.

COMMON QUESTIONS OF JURORS

How are people chosen to be called for jury service?

The New York State court system maintains and updates each year the names of state residents who are included on certain lists - state and local taxpayers, licensed drivers, registered vehicle owners, applicants for or recipients of public assistance benefits and recipients of state unemployment compensation. Prospective jurors are selected randomly form those lists, as well as lists of persons who volunteer for service, by the Commissioner of Jurors or each county and the County Clerks in New York City.

Questionnaires are sent to people in the selected pool of names, which must be completed and returned. Those individuals who "qualify" for service - U.S. citizen and county resident; at least 18 years of age; mentally and physically capable of performing jury duty; with no felony convictions; and able to understand and communicate in English - may eventually be summoned to report for service.

How long does a juror serve?

The juror summons generally indicates the length and exact dates of the term that a juror is expected to serve. Those who are selected are only required to serve on one trial. On average, the length of a trial ranges from three to five days.

Is it true that sometimes jurors are not allowed to go home until after the trial is over? Is this common?

As a general rule, jurors go home at the end of the day and return the next morning. There are occasions, however, that require a court to "sequester" a jury on a criminal case overnight during deliberation on a verdict. In extremely rare cases, a jury may be sequestered during the trial itself. "Sequestered" means that jurors do not go home at the end of the day, but stay in a hotel, where their access to other people and to radio and television news or newspapers is limited.

The expense of all meals and lodging for sequestered jurors is the responsibility of the Commissioner of Jurors of each county or the respective County Clerks in the City of New York.

Are jurors compensated?

For each day that a juror performs service, he or she may be entitled to a per diem $15 allowance. The amount of the payment is established by the New York Sate Legislature.

In rare instances, when service extends for more than 30 days, the court may authorize an additional allowance of $6 per day to be paid to a juror.

A juror may waive his or her right to the per diem allowance.

What about the juror's job?

New York State law prohibits an employer from subjecting an employee to penalties or termination of employment due to jury service - so long as the employee notifies the employer upon receipt of the jury summons. An employer may lawfully withhold wages during jury service and the question of salary and wages is a matter to be addressed between the juror and the employer.

Is possible to report for jury service but not sit on a jury?

Yes. In many cases, parties seek to settle their differences and to avoid the expense and time demanded by a trial.. Thus, while several trials may be scheduled for one particular day, the court cannot be certain until that morning, and sometimes afternoon, which cases will actually require a jury.

Who else will be in the courtroom?���

A number of people will be in the courtroom in addition to the judge and jury. The list below explains who they are and what they may be doing.

Plaintiff - In a civil case, the plaintiff is the party who initiates the lawsuit by bringing the case to court.

Defendant - In a civil matter, the defendant is the party who is being sued. In a criminal case, the defendant has been charged with a crime.

Attorneys - In certain cases, including criminal cases, attorneys representing the plaintiff, the defendant or the government are referred to as counsel. An attorney representing the government in a criminal case is called the prosecuting attorney or the assistant district attorney, and in some cases, the assistant attorney general.

Court Reporter - The court reporter records the official record of the trial by recording every word which is spoken. This record will be converted into an official transcript of the trial.

Court Clerk - The clerk of the trial part, also called the clerk, maintains the court files and preserves the evidence presented during the trial. The clerk may also administer the oath to jurors and witnesses.

Witnesses - Witnesses provide testimony, under oath, as to what they have seen, heard or otherwise observed regarding the case.

Interpreter - Interpreters, under oath, provide language interpretation for the court on behalf of a non-English speaking party or witness.

Spectators - Spectators are members of the public who are generally permitted to observe the court proceedings. Often spectators include representatives or the media.

NOTES:

per diem (���.) - ������ ����, ���������

Answer the following questions:

1) Why the jury is an arm of the court?

2) What is the jury�s job?

3) How prospective jurors are selected?

4) Who can be a juror?

5) What is the average length of a trial?

6) What is sequester and in what situations it is possible?

7) Does the juror receive his salary during jury service?

8) When is possible to report for jury service but not sit on a jury?

9) Who else can be in the courtroom and what are their functions?

TASK 6. (a) Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.

Famous American Trials

The O. J. Simpson Trial 1995

Orenthal James "O. J." Simpson (born 1947) is a retired American football player, actor, spokesman, and convicted felon. He originally attained fame in sports as a running back at the collegiate and professional levels, and was the first NFL (National Football League) player.

In 1989, Simpson pleaded no contest to a domestic violence charge and was separated from his wife Nicole Brown, to whom he was paying child support. On June 12, 1994 Nicole Brown and her friend Ronald Goldman were found dead outside Brown's condominium. Simpson was charged with their murders. The pursuit, arrest, and trial were among the most widely publicized in American history. The trial, often characterized as "the trial of the century". Even foreign leaders such as Margaret Thatcher and Boris Yeltsin eagerly gossiped about the trial.  When Yeltsin stepped off his plane to meet President Clinton, the first question he asked was, "Do you think O. J. did it?" The trial culminated on October 3, 1995 in a jury verdict of not guilty for the two murders. The verdict was seen live on TV by more than half of the U.S. population, making it one of the most watched events in American TV history. Immediate reaction to the verdict was notable for its division along racial lines: polls showed that most African-Americans felt that justice had been served by the "not guilty" verdict, while most white Americans did not. O. J. Simpson's defense counsel included Johnnie Cochran and F. Lee Bailey.

(b) Read the text about selection of the Jury for O. J. Simpson murder case and describe this procedure to your classmates in English:

Selection of the Jury

The racial composition of the jury was strongly influenced by the decision of the prosecution to file the Simpson case in downtown Los Angeles rather than (as is usually the case) in the judicial district where the crime occurred �� in this case, Santa Monica. Had the case be filed in Santa Monica, the Simpson jury would have been mostly white instead of, as was the case, mostly African-American.  With poll data showing that most whites believed Simpson to be guilty and most blacks believing him to be not guilty, the decision to file the case in Santa Monica may have been the biggest mistake the prosecution made.

Jury selection got underway on September 24, 1994 in Judge Ito's courtroom.  Present that day were 250 potential members of the jury and the judge, Simpson, and lawyers for both sides.  Judge Ito explained procedures to the potential jury members and warned them that the trial might last several months.  The remark about the expected length of the trial prompted Simpson to moan loudly, "Oh, God, no."  Ito told jurors they must complete a 79-page, 294-question questionnaire including questions proposed by both the prosecution and defense.  In addition, they were to complete a one-page "hardship" questionnaire designed to determine jurors who could be initially excluded from the selection process.  Potential jurors complained about the lengthy questionnaire, which took about four hours for many people to complete.  They also were overheard muttering complaints about the personal nature of many of the questions - questions about their beliefs concerning the causes of domestic violence, about their feelings concerning interracial marriages, about whether they "ever provided a urine sample to be analyzed for any purpose."

Jury selection continued for two months.  Judge Ito excluded from consideration potential jurors who violated his strict rules relating to exposure to the media.  One juror was excluded for watching cartoons with her children, another for waking up to a clock radio.  On October 18, Faye Resnick's book on Nicole Simpson's relationship with O. J. hit the bookstores, causing Ito to order a temporary halt to jury selection and to tell potential jurors "I forgot to tell you to stay out of bookstores."

During the voir dire process, each potential juror took a seat at a conference table.  Also seated at the table were lawyers for both sides and Simpson, sitting not more than six feet from the people that might soon judge him.  The object of voir dire, from each side's perspective, is not to get a fair jury, but rather a prejudiced one, one prejudiced in their favor.  In theory, what results is a fair jury, one from which both sides have excluded potential jurors that are least likely to be sympathetic to their cause.  Jurors who give answers that indicate that they have prejudged the case can be challenged for cause, others can be excluded using a limited number of peremptory challenges.  Attorneys can exercise their peremptory challenges for almost any reason (body language, appearance, dissatisfaction with answers) but not for reasons of race or sex.  Every challenge by the prosecution of a potential black juror caused Cochran (defense attorney) to approach the bench and suggest that the challenge may have been racially motivated.  This tactic may have worked to dissuade the prosecution from challenging some black jurors.  It was no secret that the prosecution wanted white jurors and the defense wanted black jurors.

The defense poured great effort into the jury selection process.  Consultant Dmitrius coordinated massive data on each of the jury finalists, including their answers to the questionnaire, responses and body language during voir dire, and other data the defense had managed to collect.  This data was put into a computer and each juror ranked according to their likely sympathy to the defense.

By November 3, an initial jury of twelve had been selected.  The jury consisted of 8 blacks, 2 Hispanics, 1 half-Caucasian, half Native American, and 1 Caucasian female.  Fifteen alternates were selected over the next few weeks.

On December 4, the jury was assembled and given cautionary instructions by Judge Ito.  They were told that the trial would begin on January 4, and that they could expect to be sequestered for the duration of the several-month trial.

(c) Find English equivalents:

1. ������� ��������� ����������
2. ������� � ��������� ���������� ���������
3. ���������� ��������, ��� ������� ������ ���������� ����� ����� ������������ ����� ������ ���������
4. ������ ��������� � �����, ������������; ������� � ���
5. ������ ���������� � ���������; ����������� ������������ �����, �������������� ������ � ��������� � ������������� ��������� ��� �� ������ �� ������ ���������� [jury panel] ��� ��������� �� ����������������� � ������������������
6. �������������, ����������, ������������, �������������
7. ����������, ������ �������
8. ����� �� ����������� ���������
9. ����� ��� �������� �������

(d) Answer the following questions:

1) What was the main mistake of the prosecution?

2) Why the questionnaire was so long? What were personal questions about? Why?

3) How long did the jury selection continue? Why?

4) Why did judge Ito order the potential jurors to stay out of the media and bookstores?

5) What is the purpose of� voir dire?

6) What is the difference between challenge for cause and peremptory challenge?

7) What did the defense do to dissuade the prosecution from challenging some black jurors? Why?

8) Why the jurors were sequestered for the duration of the several-month trial?

TASK 7. The word TAX has the following meanings in legal Russian: 1) ����� ; 2) �������� ������� ; 3) ����������� , ���������� ������ ( � �������� ��������� ). Match the following English expressions with their Russian equivalents:

1) tax in kind 2) tax on land 3) ad valorem tax 4) buried tax 5) death tax 6) income tax 7) court taxes 8) back taxes 9) single tax

a) �����, ���������� � ��������� ������ b) ����� �� ��������� c) �������� d) ������ ����� e) �������� �������� f) ���������� ����� g) ����� �� ���������� h) ����������� ����� i) ����������� �����

Source: https://distance.rpa-mu.ru/files/mg/eng_1c/thm/tsm2.html

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