Legal terms

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• Ara karar: why interlocutory, not interim or judgment Ara karar is best rendered interlocutory decision. Why interim is better kept for protective measures and why judgment misstates the stage.
• Aslına uygunluk şerhi: statement of accuracy or true copy? One Turkish phrase covers a translator’s statement and an official’s copy certification. Two English terms, and why they must not be swapped.
• Bilirkişi: court-appointed expert, not expert witness Court-appointed expert is the suggested term for bilirkişi. Why expert witness misleads, and where the party’s own expert and keşif belong.
• Bozma: reversal, and the court that reverses Reversal is the suggested English term for bozma. Why annulled misleads, what a reversal leaves open, and where kaldırma needs other words.
• Direnme kararı: decision of persistence, not defiance Decision of persistence is suggested for direnme kararı. Why insistence, resistance and refusal to comply mislead, and where no persistence lies.
• Düzenleme şeklinde işlem: a deed drawn up by the notary Deed drawn up by the notary is suggested for düzenleme şeklinde işlem. Why notarised points to the weaker form, and why deed needs its tail.
• Esas No and Karar No: two numbers, two English labels Esas No and Karar No belong to two registers. Why one case number is not enough, the suggested English labels and how layered numbers are tagged.
• HAGB: deferral of pronouncement, not a suspended sentence Deferral of the pronouncement of the judgment is suggested for HAGB. Why suspended sentence, deferred sentence and disclosure mislead in English.
• Hüküm fıkrası: rendering the operative part in English For hüküm fıkrası, operative part is the suggested English term. Why paragraph, holding and judgment mislead, and how numbered items are kept.
• İcra emri: enforcement order based on a judgment Enforcement order, based on a judgment, is suggested for icra emri. Why writ and warrant mislead, and why icranın geri bırakılması is a stay.
• İhtiyati haciz: attachment rather than a freezing order Precautionary attachment is the suggested term for ihtiyati haciz. Why freezing order misleads and how the later execution stage is named.
• İhtiyati tedbir: interim injunction or interim measure? For ihtiyati tedbir, interim injunction is the familiar term and interim measure the safer one when the order targets a register or an asset.
• İstinabe: letter of request, or a request to another court Letter of request fits istinabe sent abroad; a domestic istinabe needs another phrase. Criminal requests, the delegated judge and discovery.
• İstinaf: why appeal alone is not enough in English For istinaf, appeal (istinaf) before the Regional Court of Appeal is suggested. Why the bare word, District Court and points of law mislead.
• Kesin süre: a definite time limit, not a final deadline Definite time limit is suggested for kesin süre. Why final deadline misleads, and how kesin karar, kesin hüküm and kesinleşme take other words.
• Kesinleşme şerhi: finality annotation, not res judicata Kesinleşme şerhi is best rendered finality annotation. Why certificate and res judicata say more than the entry does, and the French term.
• Kısa karar and gerekçeli karar: two texts, two names The Codes never say kısa karar; practice does. Suggested English names for the short and the reasoned text, and why summary judgment is a trap.
• Kovuşturmaya yer olmadığına dair karar: non-prosecution A KYOK is a prosecutor’s decision, not a court judgment. Decision of non-prosecution is suggested; acquittal, dismissal and nolle prosequi mislead.
• Müşteki and suçtan zarar gören: complainant, injured party Complainant is suggested for müşteki and injured party for suçtan zarar gören, with victim kept for mağdur. Why one victim hides two people.
• Müzekkere: a letter from the court, not a warrant A müzekkere is the letter that carries out a decision, not the order itself. Why warrant, writ and memorandum mislead, and what is suggested.
• Ödeme emri: payment order, issued without a judge Payment order is suggested for ödeme emri. Why the issuing office must be named, why itiraz is an objection, not an appeal, and what misleads.
• Onama: upheld, upheld as corrected, never approved Upheld is suggested for onama and upheld as corrected for düzelterek onama. Why approved misleads, and why appeal dismissed is another line.
• Onanmış tercüme: certified, not notarised, in English MÖHUK Article 53 says onanmış tercüme and names no approving authority. Why certified translation fits, and what notarised or sworn would add.
• Tanıma: recognition of a foreign judgment, spelled out Recognition of a foreign judgment is the suggested term for tanıma. Why the bare noun misleads, and how paternity and civil register entries differ.
• Tebliğ and tebligat: service, not notification Service is the suggested English term for tebliğ and tebligat. Why notification and delivery fall short, and where tefhim and a Tebliğ differ.
• Temyiz: appeal on points of law, not Supreme Court For temyiz, appeal on points of law before the Court of Cassation is suggested. Why Supreme Court misleads, and how onama and bozma are rendered.
• Tenfiz: exequatur, kept apart from icra and infaz Exequatur is the suggested English term for tenfiz. Why enforcement alone blurs three Turkish stages, and which word an arbitral award file keeps.
• Tensip tutanağı: preliminary directions, not minutes Preliminary directions order is suggested for tensip tutanağı. Why minutes and approval mislead, and how the preliminary examination differs.
• Yargılamanın iadesi: reopening of proceedings, not retrial Reopening of proceedings is suggested for yargılamanın iadesi. Why retrial belongs to the next stage, and how iade and the criminal name differ.
• Yemin zaptı: an oath record, not an affidavit Translator’s oath record is the suggested term for yemin zaptı. Why affidavit and minutes mislead, and why the record stays at one notary’s office.