In English and Commonwealth legal systems, the 'v' in court case names (like 'Smith v Jones') is traditionally pronounced 'and' in civil cases and 'against' in criminal cases, not 'versus' as commonly assumed.
Why Lawyers Never Say 'Versus' in Court Cases
You've seen it thousands of times: Roe v Wade, Brown v Board of Education, Apple v Samsung. And like most people, you've probably been pronouncing that little 'v' as "versus" your entire life. Lawyers would like a word with you.
In the English and Commonwealth legal tradition, that 'v' is never pronounced "versus." At least, not by anyone who went to law school.
The Proper Pronunciation
In civil cases—disputes between private parties over things like contracts, property, or personal injury—the 'v' is pronounced "and." So "Smith v Jones" becomes "Smith and Jones." This reflects the adversarial but fundamentally equal standing of both parties before the court.
In criminal cases, where the state prosecutes an individual, the 'v' is pronounced "against." So "R v Smith" (where R stands for Rex or Regina, the Crown) becomes "The Crown against Smith." This acknowledges the power imbalance inherent in the state bringing its full weight against an individual defendant.
Why Does This Matter?
The distinction isn't just pedantic legal fussiness. The pronunciation actually conveys meaningful information about the nature of the case:
- Civil cases involve two parties in a dispute—hence "and," suggesting they're appearing together before the court
- Criminal cases involve the state actively pursuing someone—hence "against," reflecting the prosecutorial relationship
It's a linguistic shorthand that tells you, in a single word, what kind of legal proceeding you're dealing with.
The American Exception
Americans, characteristically, have muddied the waters. While U.S. lawyers are taught the traditional pronunciation, "versus" has become so common in American popular culture that even some attorneys use it casually. The U.S. Supreme Court's own audio recordings reveal justices using all three pronunciations interchangeably.
In the UK, Australia, Canada, and other Commonwealth nations, however, using "versus" in a legal setting will immediately mark you as either a layperson or someone who learned law from television.
Where "Versus" Belongs
So when is "versus" appropriate? Save it for sports matches, debates, and superhero movies. Batman v Superman can be "versus" all day long—that's entertainment, not jurisprudence.
But the next time you're discussing Miranda v Arizona or Marbury v Madison, try saying "and" instead. You'll sound like you actually passed the bar exam, even if the closest you've come to a courtroom is binge-watching legal dramas.