Сборник текстов для перевода. Борисова Л.А. - 10 стр.

tion). Judges do not merely apply the law, in some cases they make law, since
their interpretations may become precedents for other courts to follow.
       Common law is based on the doctrine of precedent. If the essential ele-
ments of a case are the same as those of the previous recorded cases, then the
judge is bound to reach the same decision regarding guilt or innocence. If no
precedent can be found, then the judge makes a decision based upon the existing
legal principles, and his decision becomes a precedent for other courts to follow
when a similar case arises. Sometimes governments make new laws-statutes- to
modify or clarify the common law, or to make rules where none existed before.
But even statutes often need to be interpreted by the courts in order to fit par-
ticular cases, and these interpretations become new precedents. In common law
systems the law is, thus, found not only in government statutes, but also in the
historical records of cases.
       Another important feature of the common law tradition is equity. It recog-
nizes rights that are not enforced by common law but are considered "equitable",
or just. If an equitable principle brings a different result from a common law rul-
ing on that case, then the general rule is that equity should prevail.
       Continental systems are sometimes known as codified legal systems. They
have resulted from attempts by governments to produce a set of codes to govern
every legal aspect of a citizen's life. The lawmakers sometimes want to show
that the legal rights of their citizens originated in the state, not in local customs,
and thus it is the state that is to make law, not the courts. In order to separate the
roles of the legislature and judiciary, it was necessary to make laws that were
clear and comprehensive.

                                          TEXT 7

                                    Selection of a jury

       The first step in the selection of the trial jury is the selection of a “jury
panel”. When you are selected for a jury panel you will take an oath, by which
you promise to answer all questions truthfully. After that the judge and the law-
yers will question you and the other members of the panel to find out if you have
any personal interest in the case, or any feelings that might make it hard for you
to be impartial. This process of questioning is called Voir Dire, a phrase mean-
ing “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 think-
ing 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.

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