Law and Society
The basic ancient legal codes; Law and Society in Ukraine. Its state symbols are the State Flag, the Emblem, the Anthem. Public of government: the Parliament – the Verkhovna Rada; the Cabinet of Ministers; the President; the Constitution; Criminal Law.
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1. Суспільство і закон. Необхідність законотворення. Law and Society
Why do we need laws? We all depend on other people. Those of us who live as part of a group, perhaps a family, find that we have to follow unwritten rules. At the college your timetable provides one set of rules. The fire regulations are a different set of rules which could save your life. Some kind of law is necessary to try to prevent people from committing a crime. Members of every community make laws for themselves in self-protection. Otherwise the stronger man could do what he liked with the weaker, and bad men could join together and terrorize the whole neighborhoods. It is just as important to understand that law is not necessary just because there are bad people in the world.
2. Основні закони (Велика Хартія Вольностей, Закони Вавилону, Стародавньої Греції та Риму, Біль про права 1689 року, Кодекс Наполеона)
Laws of Babylon
One of the most detailed ancient legal codes was drawn up in about 1758 B.C. by Hammurabi, a king of Babylonia. The entire code, consisting of 282 paragraphs, was carved into a great stone pillar, which was set up in a temple to the Babylonian god Marduk so that it could be read by every citizen. The pillar, lost for centuries after the fall of Babylon in the 16 century B.C., was rediscovered by a French archaeologist in 1901 amid the ruins of the Persian city of Susa. Hammurabi's words were still legible. The pillar is now in the Louvre museum in Paris. Punishments under the code were often harsh. The cruel principle of revenge was observed: an eye for an eye and a tooth for a tooth, which meant that criminals had to receive as punishment precisely those injuries and damages they had inflicted upon their victims. Not only murderers but also thieves and false accusers faced the death penalty.
The Magna Carta
At the heart of the English system are two principles of government -- limited government and representative government. The idea that government was not all-powerful first appeared in the Magna Carta, or Great Charter, that King John signed in 1215 under the threat of civil war. Later the tension between the Kings and the nobility increased. Since 1199 John's barons had to be promised their rights. It is, therefore, not surprising that Stephen Langton, archbishop of Canterbury, directed baronial unrest into a demand for a solemn grant of liberties by the king. The document known as the Articles of the Barons was at last agreed upon and became the text from which the final version of the charter was drafted and sealed by John on June 15, 1215. The power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial.
3. Державні символи України: прапор, герб та гімн
Its state symbols are the State Flag, the State Emblem and the State Anthem. The State Flag is a blue and yellow banner made from two horizontal stripes. The blue color symbolizes the peaceful blue sky while the yellow one symbolizes the field of ripe wheat -- the source of life.
The contemporary national coat of arms of Ukraine, a trident is very ancient. The classic form of the Ukrainian trident is found on the gold and silver coins of Volodymyr the Great. The archaeological finds of trident in Ukraine go back to the first century A.D. Undoubtedly this emblem was a symbol of authority and a symbol of the ethnic groups which inhabited ancient Ukraine.
The Ukrainian anthem, Shche ne umerla Ukraina (Ukraine Has Not Yet Perished), is of quite recent origin. In 1863 the Lviv magazine Meta (The Goal) published the poem "Shche ne umerla Ukraina" by Paul Chubynsky. It was mistakenly considered to be written by T.Shevchenko. The same year it was set to music by M. Verbytsky. This song, as a result of its catchy melody and patriotic text, became very popular. In 1917 it was officially adopted as the anthem of the Ukrainian State. The Constitution of Ukraine (1996) defines the State symbols of Ukraine in Article 20.
4. Конституційні права та обов'язки громадян України
Rights and obligations of Ukrainian people
Chapter II (розділ 2) assures human and civil rights, freedoms and duties. It states that every person has the right to the free development of the personality on the one hand and has obligations before society on the other hand. Citizens of Ukraine have equal Constitutional rights and freedoms and are equal before law irrespective of race, color of skin, political and other beliefs, gender, position, place of residence, language, religion or other circumstances. The articles of this chapter guarantee the rights to life, personal inviolability and the inviolability of dwelling, noninterference in private and family life, free choice of residence, work, rest, education, social security, housing, health protection, medical care and medical insurance, legal assistance, a safe and healthy environment. But there are no rights without duties. They are to observe the laws, to respect state symbols, to defend our Motherland, its independence and territorial integrity, to pay taxes and so on. No person may damage the environment, cultural heritage.
5. Верховна Рада - вищий законодавчий орган України. Основні функції
The legislative power
The parliament - the Verkhovna Rada is the only body of the legislative power in Ukraine. There are 450 people's deputies who are elected for a term of 4 years on the basis of universal, equal and direct suffrage by secret ballot. In order to be elected as a deputy, a person must by a citizen of Ukraine, must be at least 21 years of the age and have the right to vote, and must by resided in the territory of Ukraine for no less than the previous 5 years. Successive elections of the V.R. take place on the last Sunday of March of the 4 year of the term of the parliament. The V.R. works on a session basis. The Verkhovna Rada's main function is making laws. Among the other functions of the parliament are: to amend the Constitution, to call for elections of the President of Ukraine, to determine the principles of domestic & foreign policy, to approve national programmes of economic, scientific & technical, social, national & cultural development, to remove the President from office, to declare war & to conclude peace upon the President's proposal.
6. Вищий орган виконавчої влади України, основні функції
The Executive Power
The highest body of the executive power is the Cabinet of Ministers. It is responsible to the President and is accountable to the Verkhovna Rada. The Cabinet of Ministers resigns when a new President is elected. It carries out the domestic and foreign policy of the State, the fulfillment of the Constitution, as well as the acts of the President, develops and fulfils national programs on the economic, scientific and technological, social and cultural development of Ukraine. The executive power in oblasts and rayons is exercised by local state administrations. Their heads are appointed by the President and are responsible to him.
7. Президент України. Повноваження
The President of Ukraine
The President of Ukraine is the head of the state & speaks on behalf of it. He is elected directly by the voters for a term of 4 years with no more than 2 full terms. The President enjoys the right of immunity during the period of his authority. The President of Ukraine secures state independence, national security of the state, human rights & freedoms. He represents the state in foreign relations, conducts negotiations & concludes international treaties of Ukraine; appoints the Prime Minister with the consent of the V.R., discharges him from office & makes decision on his dismissal; appoints members of the Cabinet of Ministers, heads of central bodies of executive power, as well as heads of local state administrations and discharges them from these positions; is the Commander - in - Chief of the Armed Forces of Ukraine; presides over the Council of National Security; signs laws adopted by the Verkhovna Rada.
8. Судова влада України, основні функції. Верховний Суд України
Judiciary in Ukraine
Justice in Ukraine is administered only by courts in strict conformity with the law. They have jurisdiction over all legal relations that appear in the state. Legal proceedings are administered by the Constitutional Court and courts of general jurisdiction. Courts of general jurisdiction are set up according to territorial principle and their specialization. The Supreme Court is the highest judicial body in their system. There are also appellate, local and specialized courts. A citizen of Ukraine at the age of 25 and over, who has higher legal education, at least three years of legal experience, has resided in Ukraine for 10 years and has a good command of the state language may become a judge on the recommendation of the Qualification Commission of Judges. The first appointment of a professional judge to office for a 5 year term is made by the President of Ukraine.
9. Конституція - основний закон України
The Constitution of Ukraine
Constitution is a set of laws &principles according to which a state is governed. Governed by the Act of Ukraine's Independence of August 24, 1991, the Verkhovna Rada of Ukraine on behalf of Ukrainian people adopted the Constitution - the Fundamental law on June 28, 1996. The Ukrainian Constitution consists of 15 chapters, 161 articles. According to the Fundamental Law Ukraine is sovereign, independent, democratic, social & legal state. Ukraine is a republic. The land, mineral raw materials, air space, water & other mineral resources which are on the territory of Ukraine are objects of the property right of Ukrainian people. The state language is Ukrainian.
10. Основні положення виборчої системи України. Вибори Президента України. Вибори до Верховної Ради
The President of Ukraine shall be elected by the citizens of Ukraine based upon universal, equal and direct suffrage by secret voting for a 4year term. The electoral process shall be carried out on the following grounds: multi-party system, free and equal nomination of candidates for President of Ukraine; transparency and openness; freedom of campaigning; equal opportunities for all candidates in the conduct of the election campaign; impartiality towards candidates on the part of state power bodies, bodies of local self-government and their public and authoritative officials.
A citizen of Ukraine who is thirty five years of age on the day that elections are conducted, who is eligible to vote, who has resided in Ukraine for ten years preceding Election Day, and who speaks the state language, may be elected President of Ukraine. Any direct or indirect privileges or restrictions of suffrage of Ukrainian citizens based on race, skin color, political, religious and other convictions, gender, ethnic and social origin, property status, place of residence, or based on linguistic and other characteristics besides ones envisaged in the Constitution of Ukraine and this Law are prohibited. Elections of the President of Ukraine shall be equal: citizens of Ukraine participate in elections on equal bases: each voter has one vote. The President of Ukraine shall be elected directly by the voters.
11. Політична система США, основні функції
The Judicial branch of the USA
The Supreme Court watches over the legislative and executive branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief and eight associate justices. They are nominated by the President but must be approved by the Senate. A decision of the Supreme Court cannot be appealed to any other court. It is the Court of final appeal. In addition to the Supreme Court, the Congress has established 11 federal courts of appeal and, below them, 91 federal district courts. Federal judges are appointed for life or voluntary retirement, and can only be removed from office through the process of impeachment and trial in the Congress. Federal courts have jurisdiction over cases arising out of the Constitution; laws and treaties of the United States; maritime cases; issues involving foreign citizens or governments; and cases in which the federal government itself is a party. Ordinarily, federal courts do not hear cases arising out of the laws of individual states.
12. Гілки влади США, основні функції
The Legislative Branch of the USA
The Constitution, written in 1787, established a government of three branches: legislative, executive and judicial. The legislative branch is made up of elected representatives from all of the states and is the only branch that can make federal laws, levy federal taxes, declare war or put foreign treaties into effect, remove a Supreme Court judge, remove the President, approve or disapprove of people that the President appoints or gives jobs to. It consists of a Congress that is divided into two groups, called houses:
- The House of Representatives comprises lawmakers who serve two-year terms. Each House member represents a district in his or her home state. In the 1980, there were 435representatives in the United States House of Representatives.
- The Senate comprises lawmakers who serve six-year terms. Each state, regardless of population, has two senators. The terms of the senators are staggered, so that only one-third of the Senate is elected every two years.
The Executive branch of the USA
The chief executive of the United States is the president, who, together with the vice president, is elected to a 4-year term. Under a Constitutional Amendment passed in 1951, a president can be elected to only two terms. The powers of the presidency are formidable, but not without limitations. The president, as the chief formulator of public policy, often proposes legislation to Congress. The president can also veto any bill passed by Congress. The veto can be overridden by a two-thirds vote in both the Senate and House of Representatives. The president has the authority to appoint federal judges as vacancies occur, including members of the Supreme Court. The president appoints the heads and senior officials of the executive branch agencies; the large majority of federal workers. The major departments of the government are headed by appointed secretaries who collectively make up the president's cabinet.
The judicial branch has the power to:
- decide what a law means;
- decide if a law agrees with the Constitution or disagrees with it;
- decide if actions of the President agree with the Constitution or disagree with it;
13. Об'єднане Королівство Великої Британії та Північної Ірландії, його політична система
The Judicial branch of the U.K. of Great Britain and Northern Ireland
The United Kingdom has no Ministry of Justice. Responsibility for the administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor is responsible for the composition of the courts, civil law, parts of criminal procedure and law reform in general; the Home Secretary is responsible for the prevention of criminal offences, trial and treatment of offenders and for the prison service. He recommends all judicial appointments to the Crown, appoints magistrates. The Judiciary is independent of executive; its judgments are not subject to ministerial direction or control. The Prime Minister recommends the highest judicial appointments to the Crown. The Lord Chancellor is the head of the judiciary, except in Scotland. He recommends all judicial appointments to the Crown - other than those recommended by the Prime Minister and appoints magistrates. The House of Lords is the final court of appeal, but in practice appeals are heard by life peers who are senior judges or who have held high judicial office
14. Гілки влади Об'єднаного Королівства Великої Британії та Північної Ірландії, основні функції
The Legislative branch
The Government is the management of the country. The Government makes the important decisions, e.g. about foreign policy, education, or health, but all these decisions have to be approved by Parliament. The U.K. of Great Britain and Northern Ireland is a constitutional monarchy. It has either a king or a queen - as its Head of State, but the power of the monarch is limited by the country's constitution. The Constitution of the United Kingdom is not one document, as are the constitutions of many other countries. State Organs of the United Kingdom include the monarchy, the legislative, executive and judicial organs of Government. Parliament is the most important legislative body of the British people consisting of the House of Commons, the House of Lords and the Sovereign. The House of Commons is a nation-wide representative body. The House of Commons consists of 651 Members of Parliament. Only the House of Common can give permission for the Government to collect taxes. The House of Lords, the upper house of the British Parliament, consists of over 1,000 non-elected members: the Lords Temporal and the Lords Spiritual.
The Executive branch
The UK is governed by the Government. The Ministry is the government of the moment. The head of the government is the Prime Minister who is appointed directly by the Crown. The Queen appoints but doesn't select the Prime Minister. She has no choice because the Prime Minister is always the leader of the political party which has a majority of seats in the House of Commons. The Prime Minister is always a member of the House of Commons. His main functions are: leading the majority party; running the Government; appointing Cabinet Ministers and other ministers; representing the nation in political matters. There is no limit on the size of the Cabinet but the number of salaried Secretaries of state is limited to 21. The Cabinet meets regularly under the chairmanship of the Prime Minister to decide government policy on major issues, exercise supreme control of government and coordinate government departments. Decisions made by the Cabinet must be unanimous.
15. Моя майбутня професія
My future speciality
One of the most significant decisions you make in life is choosing the kind of work you want to do. It's important to find the work that best suits you and for which you are best qualified. I consider the occupation I've chosen to be the one that best suits me. This year I'll graduate from Berdychiv Polytechnic College and become a lawyer, I mean a specialist who is in a great need nowadays. I guess, it is one of the fastest-growing professions and one of the most popular fields of study in colleges and universities. We'll have to deal with human destinies in our everyday work, and it's not an easy job. We realize that to become a lawyer we should have deep knowledge of legal subjects but it's not enough nowadays. On the one hand, a lawyer should be a person of high moral qualities. He must strictly keep the rules of community, his conduct must be irreproachable, he must be honest, just, be an example for other people and people must trust him, because he stands on guard of the interests of our state, rights and interests of our citizens, public order. On the other hand, he should constantly develop himself. Our lawyers are waging a decisive struggle against criminal phenomena in our life.
16 Вимоги до спеціаліста. Перспективи
We realize that to become a lawyer we should have deep knowledge of legal subjects but it's not enough nowadays. On the one hand, a lawyer should be a person of high moral qualities. He must strictly keep the rules of community, his conduct must be irreproachable, he must be honest, just, be an example for other people and people must trust him, because he stands on guard of the interests of our state, rights and interests of our citizens, public order. On the other hand, he should constantly develop himself. Mastering foreign languages will greatly contribute to his general education and advance.
Our lawyers are waging a decisive struggle against criminal phenomena in our life. This struggle consists not only in punishing, but also in reeducation of offenders, rooting out and eliminating the conditions creating these crimes. If a crime has been committed it is necessary to find the criminal, to investigate the case carefully and rapidly and punish those who are guilty in order to guarantee the principle of the inevitability of punishment. Tremendous work is also done by lawyers to prevent crimes. So as you see, there is no need to say how responsible all this work is. To carry it out one needs to be highly educated and have good professional training.
law government president constitution
17. Працевлаштування. Проходження співбесіди
An interview is a formal meeting at which a person who is interested in getting a job is asked questions to learn how well he would be able to do this job.
The purpose of the interview is to see if the person matches/meets the requirements of the job. Interviews take many different forms. They are: competency based interviews (focused on qualities of the interviewer), case study interview (the interviewer would like to know what you would do in different situations), structured interview (the interviewer asks all the candidates the same questions), face-to-face interviews (two people are involved in the interview- you and the interviewer), panel interviews (involve several people sitting as a panel), telephone interviews, group interviews (several candidates are present and asked questions in turn), sequential interviews [si?kwen??l] (there are several interviews in turn, with a different interviewer each time).
18. Прокуратура України, основні функції
The Prosecutor's Office of Ukraine
According to the Constitution of Ukraine, the Prosecutor's Office of Ukraine constitutes a unified system that is entrusted with:
1) prosecution in court on behalf of the State;
2) representation of the interests of a citizen or of the State in court in cases determined by law;
3) supervision of the observance of laws by bodies that conduct detective and search activity (оперативно-розшукова діяльність), inquiry (дізнання) and pre-trial investigation (досудове слідство);
4) supervision of the observance of laws in the execution of judicial decisions in criminal cases, and also in the application of other measures of coercion related to the restraint of personal liberty of citizens. The Prosecutor's Office of Ukraine is headed by the Prosecutor General of Ukraine, who is appointed to office with the consent of the V.R. of Ukraine, and dismissed from office by the President of Ukraine. The V.R. of Ukraine may express no confidence in the Prosecutor General of Ukraine that results in his or her resignation from office. The term of authority of the Prosecutor General of Ukraine is five years
19. Адвокатура України
The Ukrainian Bar is a voluntary professional public association of lawyers. According to the Constitution it is called upon to facilitate the protection of the rights and freedoms of citizens, institutions and organizations, to ensure the observance and promotion of legality and administration of justice. The Bar represents legal interests of Ukrainian and foreign citizens. The work of a lawyer is various. He may act as a defence counsel during pre-trial investigation and in court, representing interests of the plaintiff and defendant in civil and criminal cases. At the trial the lawyer is an active participant: he takes part in questioning the defendant and witnesses, submits evidence and at the end of the court hearing he pronounces his speech for the defence. Lawyers are also entitled to appeal against a court judgment in a higher court. Citizens of Ukraine can discharge the functions of lawyers if they have higher legal education, at least two years of work experience, have passed the qualification examination, received lawyer's certificate and taken lawyer's oath.
20. Злочин. Типологія злочинів
Crime is an action or activity that is against the law or illegal activity generally for which there is punishment by law. Crimes against people include assault, kidnapping, murder & sexual attacks. Crimes against property include arson, burglary, embezzlement (розтрата), forgery, fraud & vandalism. Crimes against public order or morality include disorderly conduct, illegal gambling, prostitution, public drunkenness & vagrancy (бродяжництво). Other important kinds of crime include organized crime & white-collar crime. Organized crime consists of large-scale activities by groups of gangsters or racketeers. White-collar crime includes criminal acts committed by business & professional people, petty theft by employees.
- burglary - крадіжка із зломом;
- hijacking - повітряне піратство;
- vandalism - вандалізм;
- arson - підпал;
- shoplifting - крадіжка у крамниці;
- terrorism - тероризм;
- rape - зґвалтування;
- kidnapping - викрадення людей;
- smuggling - контрабанда;
- fraud - шахрайство;
- blackmail - шантаж;
- mugging - грабіж з насильством (на вулиці);
- tort - громадське правопорушення;
- drug pushing/dealing/trafficking - торгівля наркотиками;
- assault - напад з побоями;
- misdemeanour - адміністративний проступок;
- grand larceny - крадіжка у великих розмірах;
- petty larceny - дрібна крадіжка;
- felony - тяжкий злочин;
- offence - злочин;
- murder - вбивство;
- pickpocketing - кишенькова крадіжка;
- assassination - вбивство з політичних мотивів;
- hooliganism - хуліганство;
21. Кримінальне право, предмет
Criminal law is the body of law that defines criminal offences, regulates the apprehension (арешт), charging (звинувачення), & trial of suspected persons, & fixes penalties & modes of treatment applicable to convicted offenders. Criminal law is only one of the devices by which organized societies protect the security of individual interests & assure the survival of the group. Criminal law to a substantial degree is concerned with wrongful acts or omissions. A crime is a public wrong against society, criminal actions are prosecuted by a government on behalf of the people. Among the purposes of punishment & of criminal law are the protection of the public & the deterrence of crime. Punishment is also imposed for the sake of the isolation & suppression of the criminal element of society. Crimes are classified as treason, felonies & misdemeanors.
22. Нотаріальні органи України, основні функції
The task of notary bodies in Ukraine is the promotion of legality, protection of state and personal property, rights and lawful interests of citizens, enterprises and public organizations by attesting contracts and performing other notary actions provided for by the law. The notary system of Ukraine consists of the subjects possessing the right to perform notary activity. There are public and private notaries, officials of executive committees in the local councils. All notary activity is divided into 4 groups:
1) notary activity directed at certifying indisputable right;
2) notary activity directed at certifying indisputable fact;
3) notary activity directed at certifying documents;
4) protective notary activity. A citizen of Ukraine, who has higher legal education and at least three years of work experience, has passed the qualification examination and received notary's certificate, can hold the post of a notary. Notary offices help applicants to make wills, to draw up deeds of purchase-and-sale or conveyance of property. They verify copies of documents, certify seals, signatures gifts, translations of documents into Ukrainian and foreign languages.
23. Огляд місця злочину
Observation of a Crime Scene
The crime scene means the place or the areas where the crime takes place. The observation of a crime scene consists of direct survey of the happening, finding, collecting & protecting evidence, establishing circumstances which are significant for the investigation. The process of crime scene search usually includes preliminary, general observation, detailed search & final stages. At the preliminary stage the investigator keeps in mind the problems of ensuring crime scene protection, choosing & instructing witnesses, getting information of the happening. At the stage of general observation the investigator is to observe the general appearance of the situation noting everything at the scene. At the stage of detailed examination the investigator tries to answer a lot of different questions. At the final part of observation the investigator makes the conclusions taking into consideration all available information, makes the record of the crime scene observation & if necessary brings a criminal action.
24. Встановлення особи потерпілого та картини злочину
Identify of the Victim in Crimes of Homicide
The first problem in relation to the victim is to determine his identity. Establishment of the victim's identity is closely related to his history. The problem of identity is a serious difficulty when the victim is a stranger in the community or when his body has been decomposed or mutilated. Clothing & other items are examined for trade marks or laundry marks. Identification is best established by fingerprints if they were taken before death & that person was accurately identified at the time the prints were taken. Identification may be confirmed by other evidence which shows individual characteristics in facial or bode formation, marks, scars, dental work, clothing, provided that a living person can identity these characteristics.
25. Злочин та покарання. Види покарання
Punishment is a penalty inflicted by the state upon a person for committing a criminal offence. There are several kinds of punishment available to court. In civil cases the most common punishment is a fine. For criminal offences fines are also often used when the offence is not a serious one & when the offender has not been in trouble before. Another kind of punishment which is available in some countries is a community service. For more serious crimes the usual punishment is imprisonment. In modern law the most severe form of punishment is capital punishment, legal infliction of the death penalty. The most severe form of punishment in Ukraine is life imprisonment.
26. Смертна кара як вид покарання
Capital punishment is the death penalty given by the government of a country, to people who have committed hideous crimes like homicide, rape, etc. Capital punishment has been a way of punishing people since ages. Although there are some countries that have abolished death penalty from their law, there are still many which still practice the act of killing a person for crime. Capital punishment is prevalent in the US, Asian and Middle Eastern countries. Some of the ways of executing criminals are hanging, shooting, electrocution and giving lethal injections.People have different opinions on the issue of capital punishment given to a convict. While some think that death penalty is necessary for those who have committed a terrible crime, there are others who consider it as an immoral act that goes against the values of humanity.
27. Суд присяжних. Вибори присяжних. Вимоги до присяжних
Selection of the trial jury
The first step in the selection of the trial jury is the selection of a jury panel. The judge assigned to that case will tell you about the case and will introduce the lawyers and the people involved in the case. You will also take an oath, by which you promise to answer all questions truthfully. The judge and the lawyers will question you and the other members of the panel to find out if you have any personal interest in it, or any feelings that might make it hard for you to be impartial. This process of questioning is called Voir Dire, a phrase meaning "to speak the truth". During Voir Dire the lawyers may ask the judge to excuse you or another member of the panel from sitting on the jury for this particular case. This is called challenging a juror. There are two types of challenges. The first is called a challenge for cause, which means that the lawyer has a specific reason for thinking that the juror would not be able to be impartial. The second type of challenge is called a peremptory challenge, which means that the lawyer does not have to state a reason for asking that the juror be excused.
28. Судовий процес, основні стадії
Steps of the trial
Events in a trial usually happen in a particular order, though the order may be changed by the judge. Step 1. Selection of the Jury. Step 2. Opening Statements. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. Step 3. Presentation of Evidence. All parties are entitled to present evidence. The testimony of witnesses who testify at trial is evidence. Evidence may also take the form of physical exhibits, such as a gun or a photograph. Step 4. The Instructions. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide the jury in their deliberations on a verdict. Step 5. Closing Arguments. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. Step 6. Jury Deliberation. The jury retires to the jury room to conduct the deliberations on the verdict in the case they have just heard. When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict.
29. Судові справи. Цивільні та кримінальні справи
Kinds of cases
Civil cases. Civil cases are usually disputes between or among private citizens, corporations, governments, government agencies, and other organizations. The party bringing the suit is called the plaintiff; the party being sued is called the defendant. There may be many plaintiffs or many defendants in the same case. The plaintiff starts the lawsuit by filling a paper called a complaint. The next paper filled is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. In each civil case the judge tells the jury the extent to which the plaintiff must prove the case. This is called the plaintiff's burden of proof, a burden that the plaintiff must meet in order to win. Jury verdicts do not need to be unanimous in civil cases.
Criminal Cases. A criminal case is brought by the state or by a city or county against a person or persons accused of having committed a crime. The state, city, or county is called the plaintiff; the accused person is called the defendant. The charge against the defendant is called an information or a complaint. The defendant has pleaded not guilty and you should presume the defendant's innocence throughout the entire trial unless the plaintiff proves the defendant guilty. The plaintiff's burden of proof is greater in a criminal case than in a civil case. In each criminal case you hear the judge will tell you all the elements of the crime that the plaintiff must prove; the plaintiff must prove each of these elements beyond reasonable doubt before the defendant can be found guilty. In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence.
Verdict is the pronouncement of the jury upon matters of fact submitted to them for deliberation and determination. In civil cases, verdicts may be either general or special. A general verdict is one in which the jury pronounces generally upon all the issues, in favour of either the plaintiff or the defendant. A special verdict is one in which the jury reviews the facts, but leaves to the court any decisions on questions of law arising from those facts. As a rule special verdicts are not applicable to criminal cases, and in most instances the jury renders a general verdict of guilty or not guilty. All jury members must be present in court when the verdict is given.
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