Court

Legal English Basics
TEACHER’S NOTES
UNIT 3
GENERAL WARM-UP
Start by introducing the following idiomatic phrase: Rule of Thumb (a practical principle that comes from the
wisdom of experience, common sense, and not based on science or exact measurement, that is usually, but not
always, valid).
The presumed origins of the phrase are described here:
https://www.phrases.org.uk/meanings/rule-of-thumb.html.
You can do that by saying:

“Is there any official rule that says who you may call by their first name at work? No? But is there any rule that is
unwritten, yet everyone knows it? Yes – generally you shouldn’t address your supervisor by their first name
unless they clearly let you to do so. So, as a rule of thumb, you mustn’t call your boss by his or her first name
without expressed permission.”
Give more examples:
As a rule of thumb, you should always save at least 10% of your take-home income for retirement.
This was a very complex case without any precedents, so our work was largely by a rule of thumb.
Accurate knowledge is a good thing, but a rule-of-thumb experience is often thought to be better.
When planning your argument, a good rule of thumb is to always verify your evidence.
The general rule of thumb is that you have to work for at least ten years before you are considered to be
appointed as a judge in the UK.
As such case was new territory to many lawyers in the law firm, our partners had to make a rule-of-thumb
decision rather than to strictly stick to laws.
© Niniejszy materiał stanowi własność Małgorzaty Cyganik i jest objęty ochroną prawną. Wszelkie kopiowanie,
powielanie lub rozpowszechnianie bez zgody autorki dla celów innych niż dozwolony użytek jest zabronione.
1) Use Handout 1 attached at the end of this document.
 Print it out or copy it – one copy per student.

 Ask your students to write in the blank boxes the name of what they can see in the pictures.
 Give them about 3 minutes to complete the task.
 Check the answers together. Correct as necessary.
Then, you may distribute Handout 1a so that all the students have the same answers.
2) Now, to practice speaking skills, you can play a game. It consists in asking questions about the terms
they have just written down in Handout 1. Divide your students into two groups. If you have a one-on-
one class, your student will ‘compete’ with you. Cut out the squares with the pictures/terms, shuffle
them and distribute randomly between the two groups. They should be upside down so that your
students cannot see the picture or term before they draw one. A student from the given group should
take one cut-out box and explain what he or she can see by asking questions. E.g. Where do court
proceedings take place? (Answer: COURTHOUSE). Don’t interrupt your students. If needed, you can
show them the questions in Handout 1a (just to the student who is currently asking the questions).
3) Alternatively, in case of a weaker group/student, cut out the boxes with the pictures and questions on
the second page of Handout 1a and ask your students to match the questions with the accurate answer.
Note: If your students do not know a given term, ask them to look it up in a dictionary. Assist as necessary.
p. 51
LET’S GET STARTED: DISCUSSION
Try to elicit answers to the introduction questions. You may do that like this:
“Ok, now. That was just a warm-up. Now let’s get down to work.
First things first. What is a court? What do courts do?”
If students do not know how to answer, you may prompt them in two ways:
A) Write down key terms on the board/flipchart: adjudicate legal disputes / administer justice / jurisdiction
/ venue / hearing / resolve legal disputes / award a remedy /damages / fine / injunction / imprisonment
/ death penalty / pronounce a ruling / examine evidence / review cases / uphold / reverse / remand the
case back for review / claimant / defendant / respondent
Introduce as many of these terms as possible by way of a discussion.
E.g.
T: Do courts make decisions where there is a disagreement?”
S: Yes, they do.
T: That’s right, they adjudicate legal disputes or resolve legal disputes.
Your students may also check these terms in the Glossary on pp. 70-71.
B) Once you’ve introduced most of the terms, your students may play a game where each student makes
different statements (give them a few minutes to write them down) whereas the other students (or the
teacher) must decide whether they are true or false, for example:
An injunction is a court order directing one party to do something. (false – an injunction may be an order
to do or not to do something)
Follow similar procedure for all questions. Remember, you should try to introduce as many of the terms in bold
from READING 1 as possible, but don’t exaggerate. This task should be just an introduction to READING 1 so keep
it light on the details.
Check if your students are able to answer the questions in LET’S GET STARTED:
What is court?
Courts are public bodies where judges work who adjudicate legal disputes and administer justice.
What do courts do?

Courts resolve legal disputes, award remedies and serve justice.
Why do people go to court?

People go to court to seek justice if their rights are breached. For example, they go to seek damages, bring claims,
or appeal against a ruling they disagree with.
Who are the people in the courtroom?

There is a judge and there may be jurors or lay judges, depending on the legal system in a given country. In
criminal cases there is a prosecutor and a defendant, and in civil cases there is a claimant and respondent.
NOTE: Explain that this terms vary from country to country. In the US the claimant is called petitioner and the
respondent is called a defendant. Moreover, in certain cases, e.g. family cases, the party that instigates
proceedings in the UK is called a petitioner. In appeal, the party that lodged an appeal is an appellant, and the
other party is an appellee.
Remember: your students do not have to give an exact or complex answer. Just encourage them to use the
terms and expressions introduced so far. You can prompt the students by indicating the term and/or
expression they should use in their answer.
p. 51
READING 1: THE ROLE OF COURTS
Explain to the students that they are going to read a text that will answer the questions discussed above.
Ask the students to look at the terms in bold to see if they understand them. Many of them have been discussed
before. If there are still any terms they do not understand, ask them to refer to the GLOSSARY on pp. 70-71.
Now, ask the student to start reading. Students should take turns. Do not interrupt them if they mispronounce.
Write down their pronunciation mistakes and refer to them after they’ve finished reading the given paragraph,
e.g. when a student answers a question about the text. You may also play the correct pronunciation online (e.g.
https://en.oxforddictionaries.com or www.merriam-webster.com) or ask your students to practice
pronunciation of given word/expressions at home by listening to their pronunciation in online dictionaries.
First Reading
The first time, ask students to take turns and read aloud. Stop after each paragraph.
Check if the students understood the text. You can do it by asking general questions first, and then more detailed
ones. For example (para. 1):
General question:
So, what is a court? or So, can you now tell me what a court is?
(Encourage your students to answer in full sentences)
Detailed questions:
How many judges are there during a hearing?
What kind of legal disputes do judges adjudicate?
Where are courts located?
Where do hearings take place?
Students should answer in complete sentence.
Follow this procedure until you’ve read the entire text.
Second Reading
Now, ask your students to read the text again, but this time silently. Ask them whether they understand
everything. Encourage them to elicit the meaning of unknown words from the context, if possible. Ask them to
try to memorize the text as much as possible.
When your students finish reading, ask them to cover the text.
Students should take turns and (A) tell you whatever they can remember about the text. It doesn’t have to be in
any specific order. Each student should say just one sentence (in case of a group course). Do not interrupt them
to correct mistakes – you should refer to them after all your students completed the task. (B) Stronger students
may ask each other detailed questions about the text.
Extra Practice:
You may play the videos posted on YouTube by Ohio State Bar Foundation:
The courtroom& how it works (https://www.youtube.com/watch?v=lZHXQfAfuWs)
Or by Australian Fair Work Ombudsman:

Your day in court (https://www.youtube.com/watch?v=pAYEQujjNe8)
Inside the Courtroom (https://www.youtube.com/watch?v=p7tLQMD6j4I)
or you may ask your students to watch them as additional homework. It’s up to you.
p. 52
PRACTICE 1
Remind students that all the terms and expressions a) – j) were already discussed in in READING 1. Ask the
students to match them with their respective definitions.
Use Handout 2 – you should cut out the slips of paper with the terms and expressions and ask the students to
put them into the right procedural order.
p. 53
LISTENING 1: PEOPLE IN THE COURTROOM
Remind the students that in READING 1 they read about some of the people who may appear in the courtroom.
Can they remember their names? And what they may do in the courtroom? If not, ask them to read the part
entitled Who are the people in the courtroom? They should be able to name the following persons:
- Judge
- Jury (jurors)
- Defendant
- Prosecutor
- Claimant
- Respondent
- Experts
- Witnesses
- Court reporter
- Court officer
At this point, the students do not have to be able to describe the roles of all these people. Just ask them to report
what they have learnt from READING 1.
Before you start listening, you may have to introduce or remind certain terms, such as bench / admonish1 /
address the judge / plaintiff2 / defence barrister / exhibit / administer an oath / be held in contempt3.
To do so, distribute Handout 3 – you may use this picture to introduce the above terms by simply pointing to
the right object or person. The picture on p. 55 may also be used.
Next, tell your students that they are going to hear a description of every person present in the courtroom and
their roles. Ask them to read questions 1 – 8.
Play the recording twice. The first time, ask your students to listen for general ideas, just to be able to tell you
what the recording is about without minor details. The second time, ask the students to say STOP when they
1
Explain that in the Polish legal system, any person who provides evidence in court (witnesses, experts, parties)
are instructed by the judge about their duty to tell the truth. Additionally, they may be required by the other
party to take an oath.
2
BrE: claimant
3
Explain that anyone who disobeys the judge in the courtroom, may be held in contempt of court. So if the
witness refuses to answer a question, the judge may impose such punishment on him or her.
hear the answer to questions 1-8. Make sure they get all the answers right. Play more times, if necessary. Then,
ask the students if they have ever appeared in court in the capacity of any of these persons. Encourage them to
share their experience by asking detailed questions, such as: When did it take place? Which court? Why did you
go to court? Were the other persons in the courtroom? Etc.
For weaker students, you may print out the transcript in Handout 4. They may read the text as they listen to the
recording for the first time. Second listening should be without the transcript.
When the students have answered all the questions, distribute Handout 4a. Ask your students to listen to the
recording again and fill in each gap with the missing word. Each gap needs one word only.
Extra Practice:
Take your students for a tour around an interactive courtroom where they may find out more about the
people in the courtroom and their roles:
http://www.victimsupportni.com/360-interactive-courtrooms/
https://www.victimsupport.org.uk/courtroom/
http://www.courtprep.ca/en/swf/courtroom/courtroom_en.swf?
You may read together with the students about people in the courtroom in various countries, such as the
USA:
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1635935&_dad=portal&_schema=PORTAL
https://litigation.findlaw.com/going-to-court/in-the-courtroom-who-does-what.html
or Australia:
https://www.nationaltrust.org.au/educationprograms/3d-interactive-court-room/
p. 54
PRACTICE 3
Explain that the sentences in the table are typically used by the people in the courtroom. Ask the students to
guess which of the persons appearing in the left side of the table might have said these sentences?
Then, distribute Handout 5 – it contains other statements and sentences that are typically said during a trial.
Answers: 1. Bailiff, 2. Bailiff, 3. Judge, 4. Judge, 5. Judge, 6. Judge, 7. Defence Attorney or Prosecutor, 8. Defence
Attorney, 9. Prosecutor, 10. Jury
Extra Practice:
You may read a mock trial transcript (see extra practice for reported speech below) with your
students. It may be also useful to practice Reported Speech discussed later on pp. 60 – 65.
p. 52
PRACTICE 4
At this point, your student should have already learnt enough vocabulary related to various persons who take
part in court proceedings to be able to describe their roles.
Ask your students to have a look at the picture on p. 55 and to name all the persons who appear there.
Then, read the description of the witness and ask your students to choose one or two other persons (defendant,
judge, etc.) and describe who they are and what they do during court proceedings.
Alternatively, you may read the sample answers on pp. 243 – 244 in the Answer Key.
Finally, you may play the following game: Guess who I am! Each student thinks of one of the persons who take
part in court proceedings and describes his or her role, but without mentioning who this person is. Other students
must guess who the student is describing.
p. 55
USE OF LANGUAGE 1: CONNECTING IDEAS
Ask a student to read the instructions in PRACTICE 5. Then, check if your students understand all the expressions
in the box at the top of p. 56 and proceed to assign each of them to one of the three categories below.
PRACTICE 6
Distribute Handout 6 and ask the students to complete the gaps in the text with one of the expressions discussed
in PRACTICE 5 above.
Next, read more examples in the sample answer on p. 244 in the Answer Key. After that, ask your students to
describe their own profession (or desired profession in the case of students who do not work yet) in a similar
way.
Finally, do the exercise in PRACTICE 7
P. 58
READING 2: SYSTEM OF COURTS
Encourage the students to answer the questions in PRACTICE 8. Assist them as necessary and try to introduce as
many of the terms/expressions in bold as possible.
Next, the students take turns at reading the text. Assist them whenever they struggle with the pronunciation.
Ask the students general questions about the text, such as:
1. How many levels of appeal are there usually?
2. Why do people decide to bring an action to the court?
3. What can the parties do if they are dissatisfied with the ruling?
4. What do appeal courts do?
5. Why is the Supreme Court called the court of last resort?
6. Can all kinds of cases be heard by the Supreme Court?
Then, ask the students to read the text again on their own. After that, the students should take turns at asking
each other detailed questions about each sentence in the text.
Then, distribute Handout 7. Ask your students to check if they understand all the words in the table. If not,
explain or refer them to the GLOSSARY on pp. 70-71. Ask the students to write a short description of what courts
do using the information from the table and the expressions for connecting ideas they studied in USE OF
LANGUAGE 1: CONNECTING IDEAS on pp. 55-57.
Next, ask the students to complete the gaps in the text below the table in Handout 7.
Then proceed to PRACTICE 9 – follow the instructions. If necessary, you may read with the student the sample
answer on p. 245 in the Answer Key. This practice could be assigned as homework.
Finally, ask the students to do the exercise in PRACTICE 10.
p. 60
PRACTICE 11-12
Together with your students brainstorm ideas for remedies or punishments that may be awarded or imposed by
the court. You may prompt your students by giving them examples of wrongdoing, such as fraud, battery, theft,
drunk-driving, IP infringement, littering, perjury, breach of contract, causing damage to someone else’s property,
etc.
Then, move on to PRACTICE 12. Ask the students to express their opinions (in writing or speaking) concerning
the award of remedies or imposition of punishments – when would it be justified for the court to e.g. award
damages or impose a fine? If you decide on the written expression, then this practice could be assigned as
homework.
NOW IT’S TIME TO REVIEW THE MATERIAL TOUGHT UP TO THIS POINT.

You may ask your students just to tell you whatever they remember about what happens at court, who
appears in court and what these people do there, as well as how a case is proceeded in court.
p. 60
USE OF LANGUAGE 2: AS THE COURT ORDERED – REPORTING COURT RULINGS
In PRACTICE 12 the students wrote down their opinions as to when certain decisions should be made or certain
remedies should be awarded. Ask them to read them out again one by one. When a student, let’s call him Mike,
has read his opinion, report it to the class.
For example:
Student: ‘The case should be remanded back for review if the lower court made a serious procedural mistake.’
Teacher: So, Mike said that the case should be remanded back for review if the lower court had made a serious
procedural mistake.
Student: ‘The court may award damages when one party was injured by another.’
Teacher: Mike stated that the court might award damages when one party had been injured by another.
The teacher should emphasize the underlined verbs in bold in the reported sentences. It may be also useful to
write down both sentences and compare them.
Explain to the students that when one person wishes to say something that another person said – this is called
reported speed. It is commonly introduced by verbs such as: said, told, asked, answered, but there are many
other similar verbs.
Write down the four verbs mentioned above – said/told, asked, and answered – on the whiteboard. Explain the
difference between said (something) and tell (someone something).
Tell the students that now they will read a conversation where a lawyer is explaining his last court case to his
younger colleague. During the conversation, the two colleagues report what was said or asked by different
people involved in the case. To do so, they use various ‘reported speech introduction verbs’ that may replace the
four verbs written on the whiteboard. These verbs are highlighted in grey. Ask the students to/Together with the
students go through these verbs to check if the students understand their meaning.
You may also have to explain such terms as negligence (zaniedbanie), distress (rozstrój emocjonalny), exemplary
damages (nawiązka). You may refer to Legal English Dictionary e.g. Black’s Law Dictionary, for definitions.
Ask two students (in case of a group course) to read the conversation.
Then, ask the students what Zoe and Ted talked about. Did they report anything that other people said? Who
said it and when?
Draw your students’ attention to the underlined verbs. Tell them that in the direct sentence, i.e. in the sentence
in its original form, these verbs most probably had a different tense. Just like in Mike’s sentences compared
earlier.
Ask your students to read the conversation again – this time silently. Then, distribute Handout 8a (for stronger
groups) or Handout 8b (for weaker groups).
With weaker groups, use Handout 8b so that they can change direct sentences into reported sentences passively
based on the information in the table. Then, you may use Handout 5a for review purposes.
With stronger use Handout 8a and the cut-outs in Handout 8.
Next, ask the students if they can replace the verb said with any other introductory verb discussed earlier in
PRACTICE 13. Ask them to give examples/change the sentences using a new verb.
Finally, proceed to PRACTICE 14 on p. 62. Follow the instructions to match the original sentences with the
reported sentences from the conversation. Sometimes, it may be required to accept certain differences between
the two sentences.
When you have finished this exercise, distribute Handout 8c and ask your students to transform the direct
sentences into reported speech sentences.
p. 63
SPEAKING 4: TALKING ABOUT YOUR FIRST DAY IN COURT
This practice may be challenging for students who have never been in court. Suggest that they should think what
it could be like or share the experience of a lawyer they may know.
Ask your students to read the instructions in PRACTICE 15. Explain that they should not answer the questions
just yet.
Students take turns at reading the example in PRACTICE 15. After they finish reading, ask them general questions
about the text.
For example:
How did the lawyer feel?
What kind of case was it?
Who did the lawyer act for – the claimant or the respondent?
What did the other party allege?
Did the lawyer’s client manage to provide strong evidence?
Who won and why?
Then, ask your students to read the text again and try to memorize as much as possible. Then, the students
should say whatever they remember about the description of the lawyer’s first day in court.
Next, ask your students to reverse the reported speech sentences in the text into their original version.
For example:
Reported speech: The employee was dismissed and claimed that he had been discriminated as an elderly person.
Direct speech: ‘I was discriminated as an elderly person’ claimed the dismissed employee.
Next, distribute Handout 9 and ask the students to complete the gaps in the text with any verb or phrase that
makes sense.
Finally, ask your students to prepare a description of their first day in court (actual or imaginary).
p. 64
SPEAKING 4: WHAT WERE YOU TOLD?
Ask your students to make a list of do’s and don’ts at their work or school and share it with the rest of the class.
Ask them who told them to do or not to do certain things. Read out the do’s and don’ts one by one, and then
report them using various introduction verbs (told, ordered, prohibited, asked, requested, begged, etc.)
For example:
Do: always double-check your e-mails. (supervisor)

Teacher: Oh, so your supervisor asked you to always double-check your e-mails, right?
Student: Yes, my supervisor asked me to always double-check my e-mails.
Students take turns at reading the example in PRACTICE 16. After they finish reading, ask them detailed questions
about each sentence in the text. Basically, they should nearly repeat everything they have just read.
For example:
Teacher: Was her first day in work really stressful?
Student: Yes, her first day in work was really stressful.
Teacher: Was it her first work after university?

Student: Yes, it was her first work after university.
Etc.
Then, ask your students to prepare a similar story about their first day at work (or at school) based on the example
in PRACTICE 16.
Extra Practice:
You may use a mock trial transcript with your students for further practice, for example:
www.courts.ca.gov/documents/mocktrialscript-contra.pdf
2ndcircuit.leoncountyfl.gov/teenCourt/resources/JudgeScript.pdf
Choose just some parts of the transcript, and ask your students to report what was said.
Ask your students to do more exercises on the reported speech in:
English Grammar in Use by Raymond Murphy
pp. 65-67
NOW IT’S TIME FOR A MORE GENERAL REVIEW. PRACTICE 17 AND PRACTICE 18 SERVE THIS
PURPOSE. ASK YOUR STUDENTS TO DO THEM.
You may want to review the students’ vocabulary first. Ask the students to explain in their own words the terms
used in the box in PRACTICE 17.
p. 67
WRITING: CASE BRIEF – SUMMARISING A CASE
Ask your students if they often have to analyse/study legal cases? Why? Do they read the entire transcript of the
court proceedings or just a summary?
Explain that a summary of a case is called a case brief and it contains the most important information about the
case such as the facts, findings and ruling as well as how the rule of law was applied and why. How the court
interpreted the law. Moreover, it provides information about the journey of the case – if the ruling of the first
instance court was appealed.
These are the elements of a case brief:

Facts – what the case is about?
Procedural history – who brought the case? What court heard the case? What was the ruling? Was the ruling
appealed?
Issue – legal issues the parties have dispute over
Holding – what rule of law was applied, who wins the case
Reasoning – why the court pronounced the above ruling
Ask the students to read the instructions and the introduction in PRACTICE 19.
Explain that the students are going to read an example of a case brief.
Then, the students take turns at reading the example of a case brief on p. 68.
Distribute Handout 10. It contains the answer to the above task. It also requires the students to complete the
case brief with a suitable word.
Homework: The students should write a case brief of a case they studied at school or they run at work. You may
also read another example from p. 246 in the Answer Key.
NOW IT’S TIME FOR THE FINAL REVIEW. In case of groups, divide your students into two teams and ask them to
write around 10 detailed questions about anything they learnt in this UNIT 3. Then, each group will take their
turn at asking the questions to the other. It may be a form of a competition.
In the case of a one-to-one class, the student will ask you these questions.
Make sure to check the questions for lexicological, grammar and substantive accuracy.
Finally, distribute Handouts 11a and 11b – each to a different student in each pair. Students should work in pairs
(or with the teacher in case of a one-to-one course) and check the other student’s knowledge of the terms in the
GLOSSARY. Student A has to translate the terms from English to Polish, and Student B from Polish to English.
Then they may change the direction of translation. This can be also assigned as homework as a self-check
exercise.
END OF UNIT 3
Do you have any questions or comments about this material or the book? Write to me:
info@legalenglishbasics.pl
Handout 1
Print out this page and cut out the squares.
Handout 1a
Where do court proceedings Who gives testimony in court?

take place?
COURTHOUSE WITNESS
Do witnesses swear to tell the

Who records everything that is
truth? What do they take?
said in the courtroom? (and
uses a typewriter)
OATH
COURT REPORTER
What do people seek in court? What do judges use to e.g. call the
parties to order?
JUSTICE
GAVEL
What does the judges weight Who represents a client in the

before they deliver a ruling? court?
EVIDENCE LAWYER
How is it called when the Who delivers rulings in court?

prosecution and the defence
make an out-of-court
settlement? JUDGE
PLEA BARGAINING
What is the name of a formal Who delivers a verdict in trials in

written statement of a party's the UK and USA?
claims or defences to another
party's claims?
PLEADINGS JURY
Handout 2
CLAIMANT BRINGS A CLAIM
JUDGE OPENS THE HEARING
JUDGE INSTRUCTS THE PARTIES
JUDGE HEARS THE EVIDENCE
JUDGE DELIBERATES
JUDGE PRONOUNCES A RULING
THE RULING IS APPEALED
APPEALS COURT REVIEWS THE CASE
APPEALS COURT UPHOLDS OR REVERSES THE RULING OF THE LOWER

COURT
Handout 3
Handout 4
TRANSCRIPT / Unit 3 / Track 3
People in the courtroom
Court trials are complicated and time-consuming. They are also costly and involve many parties,
starting from the judge who sits on the bench and presides over the case.
In the case of a jury trial, where there is a group of jurors who will decide whether the defendant is
guilty or not guilty, the role of the judge is also to explain to the jurors their role and admonish them
about the law. Everyone in the courtroom must say “Your Honour” when they address the judge.
Obviously, the parties also appear in the courtroom. In a civil trial, the parties are called the
defendant and the plaintiff. In criminal proceedings, the defendant and the prosecutor are involved.
In a civil case the plaintiff brings an action against, meaning sues, the defendant, very often for
monetary damages. In a criminal case, the prosecutor represents the interest of the Crown, namely
the people of a given country, and/or the person who brought the case, namely the plaintiff. On the
other hand, the defence barrister, who acts on behalf of the defendant, provides a defence case to
show that the defendant is not guilty.
The jurors make their decision on the basis of the testimonies of witnesses and expert opinions as
well as exhibits, namely physical evidence, presented to them through the trial. Before witnesses
give their testimony, they stand in the witness box and must take an oath which is a promise to tell
the truth. The oath is administered to them by the court clerk who is an officer of the court.
Witnesses may provide evidence either for the defence or the prosecution. Persons called as a
witness are required to answer the questions to which the court does not sustain an objection. If
they refuse, the court may direct them to answer or to be held in contempt.
Court trials are usually open to the public which means that anyone can enter the courtroom and
watch the trial. That’s definitely an interesting experience!
Handout 4a
Listen to the recording again and fill in each gap with one missing word:
TRANSCRIPT / Unit 3 / Track 3
People in the courtroom
Court trials are complicated and time-consuming. They are also costly and involve many parties,
starting from the ____________________ who sits on the ____________________ and
____________________ over the case.
In the case of a ____________________ trial, where there is a group of jurors who will decide whether
the defendant is guilty or not guilty, the role of the judge is also to explain to the jurors their role
and ____________________ them about the law. Everyone in the courtroom must say “Your Honour”
when they address the judge.
Obviously, the parties also ____________________ in the courtroom. In a civil trial, the parties are
called the ____________________ and the ____________________. In criminal proceedings, the
defendant and the ____________________ are involved.
In a civil case the plaintiff brings an ____________________ against, meaning sues, the defendant,
very often for monetary damages. In a criminal case, the prosecutor represents the interest of the
Crown, namely the people of a given country, and/or the person who brought the case, namely the
plaintiff. On the other hand, the defence ____________________, who acts on behalf of the
defendant, provides a defence case to show that the defendant is not guilty.
The ____________________ make their decision on the basis of the ____________________ of

witnesses and ____________________ opinions as well as ____________________, namely physical
evidence, presented to them through the trial. Before witnesses give their testimony, they stand in
the witness ____________________ and must take an oath which is a promise to tell the truth. The
oath is ____________________ to them by the court clerk who is an officer of the court. Witnesses
may provide evidence either for the defence or the prosecution. Persons called as a witness are
required to answer the questions to which the court does not ____________________ an objection.
If they refuse, the court may direct them to answer or to be held in ____________________.
Court trials are usually open to the ____________________ which means that anyone can enter the
courtroom and watch the trial. That’s definitely an interesting experience!
Handout 5
Who might have said that? Bailiff, Judge, Defence Attorney, Prosecutor, or Jury?
1. Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in session, the
Honourable Judge Smith presiding.
2. Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing
but the truth?
3. Everyone but the jury may be seated. Mr. Johnson (Bailiff), please swear in the jury.
4. You may step down.
5. Prosecution, you may call your first witness.
6. The Defence may cross-examine the witness.
7. Thank you, your Honour. I call to the stand (a witness).
8. Please find our client, Ms. Mathews, not guilty.
9. Please find the defendant guilty of the charge of fraud.
10. We the jury, in the case of The State of Florida versus Ms. Mathews, find the defendant
not guilty of the charge of fraud.
Handout 6
Complete the gaps with one of the expressions discussed in PRACTICE 5:
_______________________, the judge presides at the hearing which means that (s)he is
the most important person in the room.
_______________________, the judge instructs the parties and the jurors, if there is a jury,
of their rights and duties.
_______________________, the judge tells the court reporter what to write in the case
records.
_______________________ taking the testimony of the witnesses, a judge hears the
experts, and examines any other evidence presented by the parties.
The parties may ask questions to witnesses and experts; _______________________, the
judge may stop them if (s)he finds that a given question is irrelevant.
The parties may raise an objection to a question asked by the other party,
_______________________the judge does not have to sustain such objection.
_______________________ other legal professions, judges must be independent and
impartial in their decisions, _______________________, they must make sure they
carefully heard and examined all the arguments.
_______________________, the work of the judge is very responsible and may be stressful;
_______________________, it may be really rewarding when they feel they delivered a fair
and lawful ruling, _______________________ they served justice.
Handout 7
WHAT DO THE COURTS DO?
IF THERE IS INSUFFICIENT EVIDENCE, THE COURT REJECTS/DISMISSES A CASE

IF THERE IS SUFFICIENT EVIDENCE, THE COURT HEARS THE CASE
AND THE EVIDENCE IS EXAMINED
THEN THE COURT WEIGHS THE EVIDENCE
IF THE COURT FINDS
THAT THE LOWER COURT SHOULD REVIEW THE REMANDS THE CASE BACK FOR REVIEW
CASE, IT
AND THEN, THE LOWER COURT REVIEWS THE CASE
IF THE HIGHER COURT AGREES WITH THE RULING UPHOLDS THE RULING
OF THE LOWER COURT, IT
IF THE HIGHER COURT DISAGREES WITH THE OVERTURNS THE RULING
RULING OF THE LOWER COURT, IT
HAVING CONSIDERED ALL THE EVIDENCE, THE RULES / AWARDS
COURT
THE COURT PRONOUNCES A RULING
THE RULING MAY BE IN FAVOUR OR AGAINST THE CLAIMANT
Fill in the gaps with an appropriate word from the table above:
Firstly, the court (1) …………………………… the claim due to formal inaccuracies. However, the plaintiff
again filed a claim with the first instance court. The case was admitted and was (2)
…………………………… by a professional judge sitting alone who (3) …………………………… the evidence,
(4) …………………………… the facts presented by both parties and found the defendant liable for
damages. Therefore, the court (5) ……………………………GBP 50,000 damages.
The plaintiff appealed, and the case was heard by the High Court. This time, the court found that
there was more evidence tending in favour of the appellant and so it (6) …………………………… a ruling
in his (7) ………………………….
Handout 8
How do these verbs change in the reported speech? Assign the correct tense. You may use the below cut-outs
(green for the direct speech and red for the reported speech):
PRESENT SIMPLE PAST SIMPLE PAST CONTINUOUS PAST PERFECT

(AM/IS/ARE) (WAS/WERE) (I WAS DOING) CONTINUOUS (I
HAD BEEN DOING)
PRESENT SIMPLE (I PAST SIMPLE (I DID) FUTURE SIMPLE (I WOULD DO

DO) WILL DO)
PRESENT PAST CONTINUOUS FUTURE

CONTINUOUS (I AM (I WAS DOING) CONTINUOUS (I WOULD BE DOING
DOING) WILL BE DOING)
BE GOING TO WAS GOING TO WOULD WOULD
PRESENT PERFECT (I PAST PERFECT (I SHOULD SHOULD

HAVE DONE) HAD DONE)
PRESENT PERFECT PAST PERFECT CAN COULD

CONTINUOUS (I CONTINUOUS (I
HAVE BEEN DOING) HAD BEEN DOING)
PAST SIMPLE (I DID) PAST PERFECT (I COULD COULD

HAD DONE)
PAST PERFECT (I HAD PAST PERFECT (I

DONE) HAD DONE)
Handout 8a
Direct speech Reported speech
Original sentence Tense Tense Reported sentence
I am a lawyer. He said he was a lawyer.
I work 8 hours a day. He said he worked 8 hours a

day.
I am working on a He said he was working on

complex transaction. a complex transaction.
I am going to win this He said he was going to win

case. that case.
I have worked at my He said he had worked at

current position for over his current position for over
six years. six years.
I have been working a lot He said he had been
recently. working a lot recently.
My boss assigned me to He said his boss had

an important clients last assigned him to an
week. important clients the week
before.
On the way to my office, I He said he had been
was listening to the news. listening to the news.
I will appeal the ruling of He said he would appeal
the court. the ruling of the court.
This time tomorrow, I will He said that this time

be flying to Chicago. tomorrow he would be
flying to Chicago.
I would like to know the He said he would like to
right answer. know the right answer.
I should double-check my He said he should double-

contracts. check his contracts.
I can help my clients in He said he could help his
most of the cases. clients in most of the cases.
I could ask my supervisor He said he could ask his
for help, if needed. supervisor for help, if
needed.
By the close of business He said he had convinced
yesterday, I had convinced him to take the deal.
him to take the deal.
Handout 8b
Direct speech Reported speech

Original sentence Tense Reported sentence Tense
I am a lawyer. Present Simple He said he was a Past Simple (was/were)
(am/is/are) lawyer.
I work 8 hours a day. Present Simple (I do) He said he worked 8 Past Simple (I did)
hours a day.
I am working on a Present Continuous (I am He said he was working Past Continuous (I was
complex transaction. doing) on a complex doing)
transaction.
I am going to win this Structure be going to He said he was going to was going to
case. win that case.
I have worked at my Present Perfect (I have He said he had worked Past Perfect (I had done)
current position for over done) at his current position
six years. for over six years.
I have been working a Present Perfect He said he had been Past Perfect Continuous (I
lot recently. Continuous (I have been working a lot recently. had been doing)
doing)
My boss assigned me to Past Simple (I did) He said his boss had Past Perfect (I had done)
an important clients last assigned him to an
week. important clients the
week before.
On the way to my office, Past Continuous (I was He said he had been Past Perfect Continuous (I
I was listening to the doing) listening to the news. had been doing)
news.
I will appeal the ruling Future Simple (I will do) He said he would would do
of the court. appeal the ruling of the
court.
This time tomorrow, I Future Continuous (I will He said that this time would be doing
will be flying to be doing) tomorrow he would be
Chicago. flying to Chicago.
I would like to know the would He said he would like would
right answer. to know the right
answer.
I should double-check should He said he should should
my contracts. double-check his
contracts.
I can help my clients in can He said he could help could
most of the cases. his clients in most of
the cases.
I could ask my could He said he could ask his could
supervisor for help, if supervisor for help, if
needed. needed.
By the close of business Past Perfect (I had done) He said he had Past Perfect (I had done)
yesterday, I had convinced him to take
convinced him to take the deal.
the deal.
Handout 8c
1. ‘The appellant has managed to prove that the first instance court erred in its ruling.’
The judge found __________________________________________________________________________
2. ‘Ten years from now I will be one of the best lawyers in the city.’
A young lawyer claimed _____________________________________________________________________
3. ‘I cannot help you right now because I have too much caseload myself.’
My colleague explained _____________________________________________________________________
4. ‘My client instructed me to appeal against the decision of the PFSA again even though I explained to her it
was pointless.’
The associate complained ___________________________________________________________________
5. ‘I will go to another firm if you don’t want to help me.’
Our client threatened _______________________________________________________________________
6. ‘I advised my client of the risks associated with the transaction.’
The lawyer asserted _______________________________________________________________________
7. ‘The offence was committed with particular cruelty, hence it deserves the most severe punishment.’
The judge reasoned ________________________________________________________________________
8. ‘OK, I will follow your advice.’
Mark decided _____________________________________________________________________________
Handout 9
Complete the text with a suitable verb structure - it does not need to be the same verb structure as in the
book:
I will never forget my first day in court. I had just received my license and was really
proud, as well as stressed, that I could act before court for my first important client. It was
a labour law case. My client instructed me ___________________________ on his behalf in an
action brought against the company by a former employee. The employee was dismissed
and claimed that he ___________________________ as an elderly person. My client disagreed
with that and said that he ___________________________ a drinking problem and that was
the reason for his dismissal. In court I and the other party asked many questions. I asked
my client if ___________________________ for sure that his former employee abused alcohol.
My client confirmed and explained that it ___________________________ not a secret and
everyone ___________________________ about it. The claimant’s lawyer asked my client if
___________________________ any evidence to support that. My client answered that of course
and explained that he ___________________________ that from his secretary who
___________________________ that from a friend of hers. I was terrified because I knew that I
made a mistake by not asking my client the same question before. Obviously, the defence
counsel requested the court to ignore that evidence as a hearsay. The judge asked my
client if he ___________________________ the disciplinary procedure to warn his employee that
he could be fired. My client denied and explained that he ___________________________ about
dismissing the claimant for a long time because he had worked very ineffectively. He
explained that he ___________________________ it was due to his drinking problem. The
defence counsel argued that my client ___________________________ no grounds to dismiss
his client and demanded that my client ___________________________ damages for unfair
dismissal. The judge agreed and so I lost my first case. It was a tough lesson for me – now
I always get prepared really well before each case and check my clients’ assertions. You
know what they say: you learn best by your own mistakes!
Handout 10
Complete the gaps with an appropriate word:
The present case was __________________________ before the court by Mr. Adams, the
claimant, against Ms. Anderson, the respondent. The claimant
__________________________ that the respondent had breached the contract for delivery
of raw materials for the production needs of the claimant’s business. The claimant lost his
long-term client in consequence of the above-said failure by the respondent and therefore
sued the respondent for __________________________.
The respondent __________________________ a defence claiming that she had informed
the claimant that the delivery could be delayed, and so she __________________________
responsibility for the claimant’s loss.
The first instance court __________________________ in favour of the claimant and
__________________________ the respondent to pay damages.
The respondent __________________________, however the Court of Appeal upheld the
ruling of the first instance court __________________________ that the contractual
obligations must be performed by the parties as agreed in the contract.
The Court of Appeal __________________________ that the fact that the appellant had
informed the appellee of possible late delivery did not mean that the appellee agreed to it,
and so the appellant was not released from its obligation of timely delivery.
The appellant had no __________________________ to appeal against the ruling of the Court
of Appeal and so the ruling became __________________________.
Handout 11a
Work in pair and check if you know the meaning of the following terms:
Student A
acquit injunction
adjudication of legal instruct

disputes
administer justice jurisdiction
affirm juror
allege jury
appeal lay judge
appellant matter
appellee negligence
appeal court offender
assert offence
award order
bring action outcome
care preside over the case
claim (n) pronounce a ruling
claim (v) prosecutor
claimant punish
common court reason
Constitutional Tribunal remand the case back for

review
court of last resort remedy
court officer resolve legal disputes
court reporter respondent
courthouse reverse
courtroom review the case
damages rule
death penalty ruling
defence seek justice
defendant serve justice
deliberate Supreme Court
examine the evidence testimony
exemplary damages trial court
exhibit trial
expert uphold
fine venue
first instance court verdict
hearing witness
hearsay wrongdoer
imprisonment
Handout 11b
Work in pair and check if you know the meaning of the following terms:
Student B
uniewinnić nakaz/zakaz sądowy
zasądzanie w sporach instruować, zlecać

prawnych
wymierzać właściwość sądu
sprawiedliwość
podtrzymać, utrzymać w członek ławy

mocy przysięgłych
twierdzić, zarzucać ława przysięgłych
apelacja, odwołanie ławnik
skarżący sprawa
pozwany w procesie zaniedbanie

apelacyjnym
sąd apelacyjny, sąd przestępca
odwoławczy
twierdzić przestępstwo
przyznać, zasądzić nakazać, polecić
wnieść sprawę/wytoczyć wynik, rezultat

powództwo
staranność przewodniczyć
rozprawie
roszczenie, pozew wydać wyrok
dochodzić; twierdzić, prokurator

utrzymywać
powód ukarać
sąd powszechny uzasadnić
Trybunał Konstytucyjny odesłać do ponownego

rozpatrzenia
sąd ostatniej instancji środek prawny
urzędnik sądowy rozstrzygać spory
prawne
protokolant sądowy pozwany
budynek sądu uchylić
sala rozpraw rozpatrywać sprawę
odszkodowanie orzekać
kara śmierci orzeczenie
obrona dochodzić
sprawiedliwości
oskarżony (w AmE wymierzyć
również pozwany) sprawiedliwość
prowadzić obrady Sąd Najwyższy
badać dowody zeznanie
nawiązka sąd pierwszej instancji
dowód rzeczowy proces sądowy
biegły podtrzymać
kara pieniężna, grzywna miejsce prowadzenia

rozprawy, jurysdykcja
sąd pierwszej instancji Werdykt
rozprawa świadek
pogłoska sprawca
pozbawienie wolności

Court

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Court

Uploaded by

Copyright:

Available Formats

Legal English Basics

You can do that by saying:

Give more examples:

 Print it out or copy it – one copy per student.

LET’S GET STARTED: DISCUSSION

What do courts do?

Why do people go to court?

Who are the people in the courtroom?

Or by Australian Fair Work Ombudsman:

Finally, do the exercise in PRACTICE 7

Finally, ask the students to do the exercise in PRACTICE 10.

NOW IT’S TIME TO REVIEW THE MATERIAL TOUGHT UP TO THIS POINT.

Do: always double-check your e-mails. (supervisor)

Teacher: Was it her first work after university?

These are the elements of a case brief:

Where do court proceedings Who gives testimony in court?

Do witnesses swear to tell the

What does the judges weight Who represents a client in the

How is it called when the Who delivers rulings in court?

What is the name of a formal Who delivers a verdict in trials in

CLAIMANT BRINGS A CLAIM

JUDGE OPENS THE HEARING

JUDGE INSTRUCTS THE PARTIES

JUDGE HEARS THE EVIDENCE

JUDGE PRONOUNCES A RULING

THE RULING IS APPEALED

APPEALS COURT REVIEWS THE CASE

APPEALS COURT UPHOLDS OR REVERSES THE RULING OF THE LOWER

TRANSCRIPT / Unit 3 / Track 3

People in the courtroom

TRANSCRIPT / Unit 3 / Track 3

People in the courtroom

The ____________________ make their decision on the basis of the ____________________ of

4. You may step down.

5. Prosecution, you may call your first witness.

6. The Defence may cross-examine the witness.

7. Thank you, your Honour. I call to the stand (a witness).

8. Please find our client, Ms. Mathews, not guilty.

9. Please find the defendant guilty of the charge of fraud.

Complete the gaps with one of the expressions discussed in PRACTICE 5:

WHAT DO THE COURTS DO?

IF THERE IS INSUFFICIENT EVIDENCE, THE COURT REJECTS/DISMISSES A CASE

PRESENT SIMPLE PAST SIMPLE PAST CONTINUOUS PAST PERFECT

PRESENT SIMPLE (I PAST SIMPLE (I DID) FUTURE SIMPLE (I WOULD DO

PRESENT PAST CONTINUOUS FUTURE

BE GOING TO WAS GOING TO WOULD WOULD

PRESENT PERFECT (I PAST PERFECT (I SHOULD SHOULD

PRESENT PERFECT PAST PERFECT CAN COULD

PAST SIMPLE (I DID) PAST PERFECT (I COULD COULD

PAST PERFECT (I HAD PAST PERFECT (I

I work 8 hours a day. He said he worked 8 hours a

I am working on a He said he was working on

I am going to win this He said he was going to win

I have worked at my He said he had worked at

My boss assigned me to He said his boss had

This time tomorrow, I will He said that this time

I should double-check my He said he should double-

Direct speech Reported speech

The judge found __________________________________________________________________________

A young lawyer claimed _____________________________________________________________________

My colleague explained _____________________________________________________________________

The associate complained ___________________________________________________________________

5. ‘I will go to another firm if you don’t want to help me.’

Our client threatened _______________________________________________________________________

The make their decision on the basis of the of