2.2. Language of the Courtroom: Persons in Court

UNIT 2: LEGAL PROFESSIONALS AND EDUCATION

2.2. Language of the Courtroom: Persons in Court

PART A: CONCEPT & TERMINOLOGY

1. The Parties in Civil Cases (Hukuk Davaları)

In a civil lawsuit, one party sues another to resolve a dispute.

• Claimant (UK) / Plaintiff (US): The person who starts the legal action.
  (Note: Before 1999, the UK also used "Plaintiff," changed to "Claimant" for clarity).
• Defendant: The person against whom the legal action is brought.

2. The Parties in Criminal Cases (Ceza Davaları)

In criminal law, the state prosecutes an individual.

• Prosecutor: The lawyer who represents the state (or the Crown in the UK) and tries to prove the accused is guilty.
• Defendant: The person accused of a crime.

3. The Parties in Appeals (Temyiz)

When a case goes to a higher court:

• Appellant: The party (loser in the lower court) who files the appeal.
• Respondent: The party who defends against the appeal (usually the winner in the lower court).

4. Other Key Players

• Judge: The public official with authority to hear cases and make decisions.
• Jury: A group of laypeople (usually 12) selected to decide facts and issue a verdict.
• Witness: A person who gives evidence.
  - Expert Witness: A specialist (e.g., doctor/engineer) giving an opinion.
• Clerk (UK) / Court Reporter (US): Keeps records and files.
• Bailiff: An officer who keeps order in the court.

PART B: INTERACTIVE EXERCISES

Exercise 1: Matching (Definitions)

Tap a Role, then tap the matching Definition.

Roles

Definitions

Exercise 2: Categorization

Click a term to select it, then click the correct box (Civil or Criminal).

CIVIL COURT

CRIMINAL COURT

Exercise 3: Gap Fill

Fill in the blanks using the dropdown menu.

"In the famous case of Donoghue v Stevenson, Mrs. Donoghue was the --- respondent appeal claimant liable damages (or plaintiff). She found a snail in her ginger beer and fell ill. She sued the manufacturer, Mr. Stevenson. The court found Mr. Stevenson --- respondent appeal claimant liable damages for negligence because he owed a duty of care to his consumer. He was ordered to pay --- respondent appeal claimant liable damages (money) to Mrs. Donoghue. If Mr. Stevenson had disagreed with the decision, he could have filed an --- respondent appeal claimant liable damages . In that higher court, he would be the appellant and Mrs. Donoghue would be the --- respondent appeal claimant liable damages ."

Exercise 4: Multiple Choice

1. John loses his case in the High Court. He decides to take the case to the Court of Appeal. John is now the:

a) Plaintiff b) Respondent c) Appellant d) Prosecutor

2. Dr. Emily Chen, a heart surgeon, explains how the victim died based on records. She is:

a) A Lay Witness b) An Expert Witness c) A Clerk d) A Defendant

3. "Smith v. Jones." Smith started the lawsuit because Jones broke a contract. Smith is the:

a) Prosecutor b) Defendant c) Plaintiff d) Bailiff

Exercise 5: Modern Legal English (Rewrite)

Rewrite the sentences replacing the old bold terms with modern ones.
(Hint: Plaintiff → Claimant | Writ → Claim Form | Pleading → Statement of Case)

1. "The plaintiff filed the documents yesterday."

Answer: The Claimant filed the documents yesterday.

2. "The lawyer prepared the writ to start the proceedings."

Answer: The lawyer prepared the Claim Form to start the proceedings.

3. "All pleadings must be submitted to the judge."

Answer: All Statements of Case must be submitted to the judge.

ANSWER KEY

• Ex 1: 1-C (Claimant), 2-A (Defendant), 3-B (Expert Witness), 4-E (Appellant), 5-D (Bailiff).
• Ex 2 (Civil): Plaintiff, Claimant, Liable, Damages.
• Ex 2 (Criminal): Prosecutor, Guilty, Conviction, Acquittal.
• Ex 3: 1. Claimant, 2. liable, 3. damages, 4. appeal, 5. respondent.
• Ex 4: 1-C, 2-B, 3-C.
• Ex 5:
  1. The Claimant filed...
  2. The lawyer prepared the Claim Form...
  3. All Statements of Case must be...