Court etiquette

Pre-reading activity.

1. Why is it important to behave properly in a courtroom?

2. Where can people find information on court etiquette?

Read the text.

The rules and language of the courtroom

The judicial system is full of traditions and protocol. If you are to appear in court, it’s good to know the basics.

Before the judge enters the room, the clerk says “All rise”. At this point, everyone stands up. You are sworn in by the clerk. Don’t lie when you are under oath. The result is being charged with perjury. Speak to the judge clearly and don’t interrupt. Always address the judge as “Your Honor”. You cannot approach the bench. Only lawyers are allowed to enter “the well”. Then they talk to the judge off the record.

1. Choose the word that is closest in meaning to the underlined part.

1. When the judge arrived, the clerk said, “Everyone, stand up”

1. Approach the bench

2. All rise

3. Your Honor

2. The prosecutor stood in the area in front of the bench to give his argument.

1. bench

2. protocol

3. well

3. It is important for people to know the proper rules and traditions for attending court.

1. oath

2. protocol

3. record

4. When Miss Ashley was on the witness stand, she was made to promise to tell the truth.

1. off the record

2. sworn in

3. interrupted

5. The attorney addressed Judge Lopez as “the title used to show respect for a judge”.

1. Your Honor

2. Off the record

3. Under oath

6. The attorney was annoyed when the witness stopped her from talking by asking a question.

1. approached the bench

2. addressed

3. interrupted

2. Listen and read the text again. Explain what the protocol when one appears in court is.

3. Listen to an attorney and a judge speaking during a trial. Choose the correct answers.

1. What is the conversation mostly about?

1. A witness who is lying.

2. A request for more time

3. A client with new evidence

4. An investigation of an attorney

2. What can be inferred about the man?

1. He has researched the witness.

2. He suspects that his client is lying.

3. He expects the judge to stop the trial.

4. He believes the witness is telling the truth.

4. Listen again and complete the conversation.

Attorney Your Honor, may I have permission to 1____ _____ ____?

Judge You may.

Attorney Your Honor, I have 2 _____ that this witness attended college with my client.

Judge But she just said that she doesn’t know your client.

Attorney I know. She’s changing her story even though she’s 3 ____ ____?

Judge Are you accusing the witness of 4 _____?

Attorney Yes. She should be 5 _____ and investigated.

Judge That’s a serious charge. You need to follow 6 _____ to do that.

5. With a partner, act out the roles below based on the previous task. Then, switch roles.

Use language such as: Your Honor, may I … She’s changing her story even though … That’s a serious charge.	Student A: You are an attorney in a trial. You want to speak to the judge about a problem. Talk to Student B about: witness evidence what you want done
	Student B: You are a judge at a trial. Talk to Student A about a witness.

Review What We Learned

1. What is jury?

2. What features should a juror possess?

3. What is jury trial?

4. What does the jury decide?

5. What is the main function of the jury?

6. Who is liable for jury service?

7. Who has the right to trial by jury?

Legal Skills in Action

The defendant was tried and convicted for a double murder, allegedly committed for gain. Shortly afterwards, one of the jurors told a solicitor that the jury, when considering their verdict, had tried by occult means to make contact with the spirit of the victims. This led the Court of Appeal to ask the Treasury Solicitor to make enquiries, which revealed that in the hotel where the jury had been spending the night together, the foreman and three others – apparently having been taken – had set up a “ouija board”. That is, they set at a circular table round the edge of which were bits of paper with letter of the alphabet on them, each person with a finger on an upturned glass towards one letter or another would reveal a message from beyond the grave. By this means, they got – or thought they got – the message “Stephen Young done it”.

If you were a judge of the Court of Appeal what would you decide:

1. to quash the conviction; (2) to order a retrial; (3) to convict a jury?

What are the problems of jury trials?