9. Match the following English words and expressions with their definitions:

1. court 2. trial court 3. appellate court 4. transcript 5. criminal action 6. bail 7. recognizance 8. citation 9. indictment 10. grand jury 11. defendant 12. prosecution 13. arraignment

a. court that reviews trial court decisions b. lawsuit brought against a person accused of a crime c. copy of the written record of a trial d. promise of the accused person to appear in court, without posting bail e. group of citizens selected to hear evidence of alleged felonies f. court where a dispute is first heard g. person against whom a criminal (or civil) action is brought h. tribunal established to administer justice i. deposit of money to guarantee appearance at one's trial j. order requiring a defendant to appear in court proceeding where the defendant pleads guilty k. court or not guilty to the formal charge of a crime 1. state as the party bringing a legal action against a person accused of a crime m. accusation by a grand jury declaring there is reason to try a person for a crime

10. Read the text and then discuss. Who gives the judgement?

After the verdict of a jury has been returned, the judge, in accordance with the verdict, pronounces (or gives) a judgement. The judgement is the final result of the trial. In a criminal action the judgement is the sentencing of the defendant to jail or prison, or it is the imposition of other punishment, such as a fine.

In a civil action, the judgement will normally be for a sum of money if the plaintiff wins. If the defendant wins, the judgement will merely be «judgement for the defendant». The loser is sometimes required to pay the court of the trial, but ordinarily each party pays his or her own attorney’s fees. As a consequence, even the winning defendant may incur losses in money, as well as in time and energy.

Generally a judgement of a lower court is not final in regard to the rights of the parties. Either of the parties may have the case reviewed for errors by a higher court. As was explained earlier, issues of law are decided by the judge. If either party believes the judge did not rule properly on any such issue, an appeal against the judgement (appeal claiming error) may be made to a higher court.

When an appeal is taken, the higher court may find that an important error was made during the trial in the lower court. Examples of errors would include incorrect instructions to the jury, admission of evidence that should have been admitted. In such an event, the court may modify or reverse the judgement of the lower court or order a new trial. If there is no error in the record, the reviewing court will affirm the judgement of the lower court.

How is a judgement satisfied?

Ordinarily, when a civil judgement for the plaintiff becomes final, the defendant will pay the amount or perform any other requirements of the judgement. If the defendant does not pay, the plaintiff may obtain a writ (court order) of execution. Execution is the process by which a judgement for money is enforced. The court directs the sheriff, or other officer, to seize and sell specific property of the defendant identified by the plaintiff.

The proceeds, after deduction of the costs of seizure and sale, are applied to the payment of the judgement. Certain items, such as essential clothes, household goods, and tools of trade are exempt from execution. If the defendant has no property over the amount that is exempt, nothing can be obtained by execution. The judgement will remain unsatisfied because the defendant is «judgement proof». Sometimes the plaintiff or the plaintiff’s attorney will determine this status before any action and will therefore refrain from filling a suit.

1. Who gives the judgement?

2. What may the judgement be in a criminal action?

3. What may the judgement be a civil action?

4. Who pays the court costs of the trial?

5. Is the judgement of a lower court final?

6. What are the examples of possible errors during the trial?

7. Where can the losing party appeal against the judgement?

8. What can be possible decisions of an appeal court?

9. How is the execution made in a civil case?

10. What items are exempt from execution?

11. What is a judgement proof defendant?