There are a number of institutions associated with the common law system not usually found in civil law systems. Principal among these is the jury. The jury is a group of citizens, traditionally 12 in number, summoned at random to determine the facts in a lawsuit. When a trial by jury is held, the judge will instruct the jury on the law, but it remains for the jury to decide the facts. This means that ordinary citizens will decide which party will prevail in a civil case, and whether, in a criminal case, the accused is guilty or innocent of the charge against him or her.
The institution of the jury has had an important shaping effect on the common law. Because jurors are brought in on a temporary basis to resolve factual issues, common law trials are usually concentrated events, sometimes only a matter of days (although, occasionally, possibly weeks or months in duration). Emphasis is on the oral testimony of witnesses, although documents are also presented as evidence. Lawyers have responsibility for preparing the case; the trial judge performs no investigation of the case prior to trial. Lawyers, acting as adversaries, take the lead in questioning the witnesses at trial, while the judge acts essentially as a referee. Testimony is recorded by a court reporter or electronically.
The trial court, which is the court of first instance in the American system, is where the factual record of the case is made. Generally speaking, appeals courts confine their review of the lower court record to errors of law, not of fact. No new evidence is received on appeal.
All this stands in marked contrast to what is usually found in civil law systems, where jury trials are for the most part unknown. In a given case, instead of a single continuous trial, a series of court hearings may be held over an extended period. Documents play a more important role than witness testimony. The judge actively investigates the case and also conducts the questioning of the witnesses. Appeals may be taken both on the facts and the law.
UNIT 10
' CONVERSATION
Wonderful! Its Friday!
Yes. Have a nice weekend!
Same to you!
Ugh! Work again! I hate Mondays!
Me too! Did you have a nice weekend?
Yes. It was wonderful.
FOCUS ON GRAMMAR AND PRACTICE
| PARTICIPLE I | I |
V + ing
Coming
| Active | Passive | |
| Non-perfect | leaving | being left |
| Perfect | having left | having been left |
! (non - perfect) -.
! .
| 1. The man leaving the house is Mr Brown. | 1. , , . |
| 2. The man leaving the house was Mr Brown. | 2. , , . |
| 3. Leaving Jim alone, I asked him to go on with his work. | 3. , . |
| 4. He came in nodding. Not knowing him, I didn't nod. | 4. , . , . |
| 5. Being left at home, he went on with his work. | 5. , . ( , ...) |
! (perfect) , -.
|
|
|
| 1. Having lost his suit-case, he couldn't change his clothes. | 1. , . |
| 2. Having been lost, the boy turned to the police officer. | 2. , . |
| PARTICIPLE II | II |
V + ed
Asked
! II . Grammar Supplement.
1. The problems discussed at the Conference are very important. , , .
2. The problems discussed at the Conference were very important. , , () .
! Participle II have get, , , - .
| I had my hair cut. | I cut my hair. |
| ( ). | (). |
! when, while, if I II .
PI When crossing the street, he was very careful.
, . :
, .
PII If invited, he always comes.
, .
m 1. , I.
Example: As he was busy, he couldn't go with us. Being busy, he couldn't go with us.
, .
1. When he was making the round of the store, he bumped into a man wanted by the police. 2. As he was afraid of complications, he stayed in bed. 3. The officer who stood before him asked for his papers. 4. You must take the bus that goes to the station. 5. He comes by the flight which arrives from London.
m 2. , II.
Example: The things which are bought at Adams' are always of high quality.
The things bought at Adams' are always of high quality.
.
1. The fruit which is sold at this store is always fresh. 2. Clothes which are made to order ( ) always fit better. 3. The pills that the doctor prescribed helped him greatly. 4. Peter took the bus which was recommended to him by a man at the bus stop. 5. The food which is served at the restaurant is always wonderful.
m 3. , .
Example: Being invited to the party, he jumped at the invitation.
, . , .
1. Having caught a cold, he could not eat ice-cream. 2. Being ill, he could not take part in the conference. 3. Making a round of the department store, he noticed that somebody followed him. 4. Jane was shocked by seeing a man who was pointing a gun at her. 5. Having worked as a legal adviser for 20 yours, he was considered () to be an expert.
| THE INDEPENDENT PARTICIPLE CONSTRUCTION |
( ), / , .
|
|
|
.
.
:
) (, );
) , , .
The door being locked, the police had to force it open.
, .
, .
THERE. , , .
There being no witnesses to the crime, the police concentrated on the study of the material evidence.
, .
m 1. .
1) Some new detection methods having been used, the investigation started to advance rapidly. 2) They are discussing a possibility of filing a complaint, special attention being paid to the substantiation of the facts. 3) Nobody being able to add more information, the meeting was closed. 4) All the versions having been discussed, they were divided into groups and started working. 5) Coming to London, he immediately went to Scotland Yard.
& READING
TEXT A
.
| to concern | alien | |||
| controversy | , | security | ||
| private | to attain | |||
| significance | to acquiesce | () | ||
| consistent | ||||
| to adhere |
.
.
1) What does international law consist of?
2) What is the difference between public and private international law?
3) What are the primary sources of international law?
4) What is customary / conventional law?
5) Does international law protect the rights of individuals?
6) What role do international organizations play in the relationships between nations?
