Exercise 6. Translate into Ukrainian.

1. domestic relation cases; 2. to compel to move a fence; 3. probation revocation hearing; 4. sentencing; 5. the right of appeal is narrowed by “double jeopardy”; 6. court’s permission; 7. to meet the regular deadline; 8. continual interruption; 9. factual determinations of trial courts; 10. judgment creditor; 11. unpaid wages; 12. proceedings have not always been observed; 13. pay all legal expenses; 14. пізніше; 15. compelled to pay; 16. mortgage foreclosure; 17. a lien; 18. is best equipped to determine facts; 19. pre-sentence investigation; 20. background; 21. may be fined or jailed; 22. encroaches on another property; 23. the property involved; 24. leave of court; 25. leave to file a late appeal is limited to criminal cases; 26. to prevent; 27. вердикт винуватості; 28. trial courts are best equipped

to consider factual cases; 29. to grant a permission to file a late appeal; 30. foreclosure; 31. to satisfy the judgment; 32. real property; 33. spousal upport; 34. order is issued to the judgment debtor’s employer; 35. pending court costs; 36. legal proceedings; 37. on the ground that; 38. clerk of the common pleas court; 39. visitation rights; 40. refrain from doing a certain thing; 41. child custody; 42. receive the relief; 43. attachment; 44. to take steps to enforce the judgment; 45. institute the necessary procedures; 46. money in a bank account; 47. unpaid wages; 48. the order is not always obeyed and must be enforced. 49. to enforce court orders; 50. real estate; 51. file an appeal in civil cases; 52. verdict of guilty; 53. judgment debtor; 54. determine the proper sentence; 55. provisions; 56. to be tried or punished; 57. an incorrect interpretation; 58. to determine the nature, extent and location of the property; 59. division of property; 60. injunction; 61. contempt proceedings; 62. child support; 63. examined under oath; 64. does not automatically insure that; 65. at a later date; 66. constitutional rights were not adequately protected; 67. to satisfy the judgment; 68. virtually; 69. to be in contempt of court.

Exercise 7. Fill in the missing words in the text below and then translate into

Ukrainian. Use Vocabulary – 2 and Exercise 2A.

TEXT 2

When a money _________ (1) is filed with the clerk of the common pleas court of

the county where the judgment debtor owns real _________ (2), the judgment becomes a _________ (3) on the debtor’s real _________ (4) within the county. Foreclosure of a judgment lien is a _________ (5) in which the real estate is sold to _________ (6) the judgment. (The proceeding is virtually the same as a _________ (7) foreclosure.) A judgment creditor may institute a _________ (8) to determine the nature, extent and location of the judgment _________ (9) property. During this proceeding, the judgment debtor is examined under _________ (10).

In many cases, a court may _________ (11) a type of judgment in which the defendant is personally ordered to do, or _________ (12) from doing, a certain thing. This order is usually called an “ _________ (13)”. If the order is disobeyed, the defendant is in _________ (14) of court and may be _________ (15) or _________ (16), or both. For example, an injunction would be used to _________ (17) a person from polluting a stream, or to _________ (18) her to move a fence which _________ (19) on another’s property. Continued pollution or _________ (20) to move the fence is contempt of court. The orders or _________ (21) a court grants in domestic relations _________ (22) are often similar to injunctions in that the orders require the _________ (23) to personally do, or _________ (24) from doing, specific things. The most common use of contempt proceedings to enforce court _________ (25) is in domestic relations cases. Contempt proceedings are used to compel the parties to observe the court’s decrees as to spouse’s support (_________ (26)), division of _________ (27), child _________ (28), child support, and _________ (29) rights.

Exercise 8. Work in pairs. Translate the following two texts into Ukrainian. Use Vocabulary 3–4 and Exercises ЗА–4A in case of difficulties.

TEXT 3

Sentencing in Criminal Cases. In minor criminal cases, sentencing usually takes place immediately after a verdict of guilty or the judge’s finding that the offender is guilty. In serious criminal cases, sentencing is often deferred pending a presentence investigation to gather information on the case and on the offender’s background. The judge can then determine the proper sentence to be imposed.

Appeal. Any party may file an appeal in civil cases. Because of the double jeopardy provisions in the United States and Ohio Constitutions, the right to appeal in criminal cases is more limited. In criminal cases, a person who is convicted may appeal, but the state’s (or prosecution’s) right of appeal is narrowed by “double jeopardy”. In general, double jeopardy means, a person cannot be tried or punished more than once for the same offense. Appeals are generally on questions of law rather than questions of fact. The trial process, not the appeal process, is best equipped to determine facts. Appellate courts will usually accept the factual determinations of trial courts. The questions for the appellate court are whether the trial court made an incorrect interpretation or application of the law.

TEXT 4

In addition, not every decision of a trial court can be appealed. In general, only final judgments or final orders may be appealed. Limiting appeals to final judgments or orders prevents the continual interruption of the trial process by the appeal of each interim order or ruling of the lower court.

Generally, a party has 30 days after a final judgment or order to file an appeal. Appeals after that time are allowed only with the appeals court’s permission (called “leave of court”). Permission to file a late appeal is granted only when the appellant can show a good reason why he or she failed to meet the regular deadline.

The right to appeal is lost if an appeal is not filed within the time allowed, or leave to file a late appeal is not granted. In Ohio, leave to file a late appeal is limited to criminal cases. It must be noted that in many kinds of proceedings the time in which to file an appeal is much less than 30 days. The parties to any proceeding should determine if the proceeding may be appealed. Specifically, they should know when and how to make an appeal.