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1) Ответчик

civil defendant — ответчик

2) Обвиняемый

bailed defendant — обвиняемый яли подсудимый, освобож­дённый (из-под стражи) под залог

3) Подсудимый

judgement for the defendant — судебное решение в пользу ответчика, или подсудимого

4) подзащитный

representation of defendant — представительство интересов подзащитного или подсудимого

Match the following English expressions with their Russian equivalents:

1)

convicted

defendant

а) подсудимый, содержащийся

2)

defendant

in custody

под стражей

3)

defendant

hs record

Ъ) осуждённый

4)

defendant1

s story

с) досье подсудимого

5)

defendant*

e witness

d) свидетель, выставленный

ответчиком / подсудимым

е) версия, выдвинутая

обвиняемым

134 Just English. Английский дли

T ASK 6. Answer the following questions:

  1. What is a civil case?

  2. Who is a plaintiff 1

  3. Who is a defendant^'

  4. What is a complaint?

  5. What is an answer1?

  6. What is a counterclaim1}

  7. What is a burden o/ proof 1

  8. What is a criminal case?

  9. What is preponderance of evidence!

10. How many jurors are necessary to agree upon the verdict in a criminal case?

1L Who is the plaintiff in a criminal case?

12. What is meant by the presumption of innocence!

TASK 7. Study the article below and decide the following:

  1. What are the names of the plaintiff and the defendant in the lawsuit?

  2. What was the issue at the heart of the dispute?

  3. What were the claims of both parties?

4 How did the Random House editor describe the manuscript?

  1. How did Joan Collins' attorney build up the defence?

  2. What was the jury's verdict?

Joan Collins Has Starring Role in Lawsuit

Reuter and Associated Press NEW YORK

British actress Joan Collins made her debut Tuesday in a New York courtroom, battling publishing giant Random House over a multimillion-dollar book contract, Random House is suing CoUins, demanding the return o£ a $1,2 million advance paid to her for manuscripts it claims were unfinished and unpublishable, Collins, best known for playing the scheming Alexis Carrington in the television series Dynasty, has

eountersued for $3.6 million she claims the publishing house still owes her.

Collins said she "felt completely shattered and let down" by the. lawsuit, "It has seriously upset my writing career and my reputation,4 she said.

The dispute centered on a simple question: what is a completed manuscript?

Delivering the opening argument for Random House, attorney Robert Callagy said Collins had

Chapter IV. Fair Trial: the Jury

135

n ot met the terms of her contract and had to return the advance money. "Miss Collins should be treated like any other person," Callagy said. "If you sign the contract, you must perform."

Former Random Ноше editor Joni Evans testified that in 1991, when she first read Collins1 manuscript, she felt 'alarmed'. "It just wasn't working in any shape or form," said Evans, now a literary agent. "It was no good. It wasn't grounded in reality. It was duJL, primitive and rough. It was diched in plot,"

Collins1 attorney, Kenneth David Burrows, argued that the actress had submitted two complete manuscripts, A Ruling Passion, written in 1991 at her home in France, and a second manuscript with the working title Hell Hath No Fury- Thus she had turned in

the required number of words and therefore had complied with the contract. He also said Random House should have provided her with editing and advice but instead it was trying to avoid meeting its obligations. He argued earlier that under the 1990 book deal she was guaranteed the money even if the publisher rejected the book.

Verdict. The jury decided that Collins had completed one manuscript in compliance with her contract But Random House did not have to pay her tor the second manuscript because it was merely a rehashing of the first one and not a separate piece of work. The verdict meant Collins could keep the advance and collect more from Random House, though how much more remained in dispute.

R OLE-PLA V Is Justice Done?

Role play the Joan Collins trial

STEP 1, Write down the speeches for the opening and closing

arguments of the parties' attorneys. STEP 2, Role play the trial: 'the lawyers' deliver their speeches;

'the defendant' testifies in court. STEP 3. The rest of the group the jurors — deliberate the

evidence and bring in a verdict of their own.

1 36 Just English. Английский для юристов

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