Unit 11.

Ex. 136. Look through the text.

Plaintiff

A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favour of the plaintiff and make the appropriate court order (e.g. an order for damages).

In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint — these documents are known as pleadings — that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.

Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner.

The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. * Respondent.

* v. – versus (латин.) против

Ex. 137. Translate the words and expressions.

- claimant

- to initiate a lawsuit

- to issue judgment in favour of

- legal remedy

- appropriate court order

- commencement

- to file a summons

- pleading

- the alleged wrongs

- affidavit

- process server

- plenary action

- on the merits of

- simplified procedure

- petitioner

- respondent

- statutory relief

Ex. 138. Find the synonyms.

claimant petitioner respondent lawsuit commencement demand subsequently pleading simplified procedure party procedure set forth

action beginning complainant complaint defendant later plaintiff proceeding require side state trial

1	2	3	4	5	6	7	8	9	10	11	12

Ex. 139. Translate the sentences.

1. The details of the agreement are set forth in the contract. 2. The forgiveness of sins and justifying is appropriate to faith only. 3. A trial commences with openng statement. 4. Local people filed a private lawsuit against the oil company over water contamination. 5. She felt as if her marital problems were beyond remedy. 6. All complaints against police officers are carefully investigated. 7. Protesters went on hunger strike to demand that all the political prisoners be freed. 8. It was alleged that the policeman had accepted bribes. 9. Silva issued a statement denying all knoledge of the affair. 10. Legal proceedings can be enormously expencive. 11. Nobody could forsee the events that happened subsequent to the accident. 12. The workers’ demand for a 10% pay increase was refused. 13. A lie-detector test is a standart procedure. 14. There were charges involving accusations of widespread corruption.

Ex. 140. Fill in the crossword.

						1.
		2.
	3.										4.
				5.
			6.						7.
8.						☺	9.
						10.
				11.
		12.

►across keys: 2. a written statement made under oath to use as a prove in court of law 5. a legal process in which a court of law examines the case to decide if someone is guilty 8. to make it certain that sth. will happen; They are employed to … such an office can pursue the prosecution 9. Coroner investigates unnatural and … deaths. 11. complaint sets forth the alleged … committed by the defendant 12. syn. to complainant

▼down keys: 1. Barristers are called in to … on really difficult points 3. the person in the court of law who has been accused of doing sth. illegal 4. the accepted method and order of a law case 6. a building where criminals are judged 7. The court will issue judgment in favour of the plaintiff and make the appropriate court … 10. Tax is an … of money that you must pay to the government

Ex. 141. Match the words with their English definitions and translate them into Russian.

claimant lawsuit commencement affidavit respondent petitioner demand procedure pleading plaintiff

a claim against smb.that a person or organization can make in court a formal statement of smb.’s case in court a person who asks a court to take a particular course of action a person who claims smth. because he believes he has right to it a person who is accused of smth. a person who makes a formal complaint against smb. in court a very firm request for smth. a written statement that your swear is true and can be used as evidence in court syn. to the word beginning the official or formal order of doing smth. esp. in law or politics

1	2	3	4	5	6	7	8	9	10

Ex. 142. Fill in the gaps with the English equivalents of the words in brackets.

1. The company was ordered to recompence the ……………… (истец) for damages.

2. I was summoned to apper as a ………………. (свидетель).

3. Our main ………………… (жалоба) is the poor standart of service.

4. Тhe plaintiff who initiates a ………………… (иск) seeks a legal remedy.

5. In some jurisdictions the …………………. (начало) of a lawsuit is done by filing a summons.

6. These documents are ……………… (заполняются) with the court subsequently according to the rules of civil procedure.

7. The ………………… (письменное показание под присягой) is given to the defendant.

8. In other jurisdictions the action is ………………… (начинается) by service of legal process by delivery of these documents on the defendant by a process server.

9. In the case of a petition the party to whom the complaint is against is the ………………. (ответчик).

10. In simplified procedures, often called proceedings, the parties are termed ……………… (истец) instead of plaintiff and ……………… (ответчик) instead of defendant.

Ex. 143. Translate the sentences.

1. Проигравшей стороне пришлось оплатить судебные издержки (costs). 2. В то время как истец подавал документы, ответчик советовался со своим адвокатом по поводу предстоящего процесса. 3. Когда она заполняла заявление, подаваемое в суд для начала судебного процесса, кто-то позвонил ее адвокату. 4. Начало судебного процесса было немного сумбурным, поскольку она забыла паспорт, и ей пришлось возвращаться домой, чтобы правильно заполнить все документы.