10 Common Legal Terms Every Lawyer Needs to Know
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Aug 10, 2021 · 10 Common Legal Terms Every Lawyer Needs to Know 1. Defendant. The defendant is a common legal term that most lawyers use during their court sessions. The term defines... 2. Plaintiff. According to legal concepts, the plaintiff is an individual who files a lawsuit against another person for... 3. ...
Legal Terms Glossary A. Affidavits must be notarized or administered by an officer of the court with such authority. Alford plea - A... B. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each... C. In …
Below is a list of 25 common terms that will make understanding law a bit easier. Adjournment: To suspend the case and postpone it until a future time or place. Alimony: The legal obligation of a person to provide their spouse with financial support after a divorce or separation. Bench: Officially, the bench is the seat of the judge themselves. However, many times it refers to the …
ATTORNEY-AT-LAW An advocate, counsel, or official agent employed in preparing, managing and trying cases in court. Attorney-at-law is the official name for a lawyer in the United States; in England they are called solicitors. An attorney-at-law was consulted for the initial drafting of the legal document.
case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation. For example, a trial court may use a prior decision from the Supreme Court that has similar issues. chambers - A judge's office. charge - The law that the police believe the defendant has broken.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. arrest warrant - A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
Hearing: A trial which acts as a formal examination to determine if a person should be charged with a felony, should be tried with the crime charged, and if there is enough evidence to determine if he/she committed the crime. Hearings are often held at lower-level courts before taken further.
Plea Bargain: A negotiation where the defendant agrees to plead guilty but will face a lesser charge and the prosecutor agrees to drop the more serious charge.
Exhibit: A document or object shown to the court as evidence. Final Judgment: The ultimate, final decision on the case. All that remains after this point in the case is the actual enforcement of the verdict. Grounds: The reason (s) the case was brought into the court in the first place.
Motion: A request for a decision by a court pertaining to the matters submitted; based upon legal arguments and no material facts are in dispute. Objection: A lawyer's protest about the legality of a statement made in court. This includes irrelevant material, hearsay, leading, calls for conclusion, lack of foundation, etc.
Objection: A lawyer's protest about the legality of a statement made in court. This includes irrelevant material, hearsay, leading, calls for conclusion, lack of foundation, etc. Overruled: When a judge disagrees with a lawyer's objection and allows the objected statement to remain valid. This is the opposite of being sustained.
Custody: The care, control, and maintenance of a child, which may be awarded to only one parent following a divorce case. Custody can also reference a person's property or the location of a prisoner. Decree: The judicial decision of the court and judge, the consequences of the case, and how it will be carried out.
An advocate, counsel, or official agent employed in preparing, managing and trying cases in court . Attorney-at-law is the official name for a lawyer in the United States; in England they are called solicitors. An attorney-at-law was consulted for the initial drafting of the legal document. BAIL.
Case, cause, suit or controversy disputed or contested before a court of justice. Also termed action at law. Action is used more often for civil lawsuits than for criminal cases. A criminal action is a proceeding initiated by the government to punish a person or entity for a crime.
A jury may acquit a defendant charged with armed robbery by finding him or her not guilty of the charge. ACQUITTAL. In criminal law, a verdict of not guilty.
ACCESSORY. A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed. For example, Joe gives Josh the blue-prints to a bank. Afterwards, Jane allows Josh to hide the money at her apartment. Both Jane and Joe are accessories to the robbery. ACCOMPLICE.
One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime as a principal, accessory, or aider or abettor. In a bank robbery for example, the person who helps break open the vault or the person watching the hostages would be considered an accomplice. ACCORD.
In a bank robbery for example, the person who helps break open the vault or the person watching the hostages would be considered an accomplice. ACCORD. A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim.
A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim. For example, in a claim over a house, a party may agree to pay another a certain amount of money to settle the claim over the house. ACCORD AND SATISFACTION.
Law offices and courtrooms have their own language, and not all of us understand the terminology. Some of the words may sound familiar, but could have totally different meanings in relation to law. Even if you never need a lawyer, it’s good to know the basics and what they mean.
Here are 10 commonly used words and their definitions: 1 Plaintiff – the person that initiates a lawsuit against someone else 2 Defendant – the person, company, etc., that a lawsuit is brought against 3 Deposition – a statement under oath, taken down in writing, to be used in court in place of the spoken testimony from a witness 4 Contingency fee – paid to an attorney when an attorney is successful in making a recovery on behalf of his/her client; attorney receives a percentage of the verdict or settlement amount 5 Discovery – investigation before a lawsuit goes to a trial; parties gather facts and information about the other party to build their case; it can be written or oral 6 Motion – a request by one party for a judge’s ruling on an issue parties cannot come to an agreement on that is made orally or in writing at any point during a lawsuit 7 Medical malpractice – care given by a healthcare provider that is negligent or does not meet standards of care, which results in patient’s injury or death 8 Wrongful death – a death caused by the negligence of another person 9 Negligence – the failure to act with the degree of care that the law requires to protect other people and their interests, which often results in injuring others 10 Damages – the amount of money a client can recover in a lawsuit
Defendant – the person, company, etc., that a lawsuit is brought against.
Deposition – a statement under oath, taken down in writing, to be used in court in place of the spoken testimony from a witness. Contingency fee – paid to an attorney when an attorney is successful in making a recovery on behalf of his/her client; attorney receives a percentage of the verdict or settlement amount.
Medical malpractice – care given by a healthcare provider that is negligent or does not meet standards of care, which results in patient’s injury or death. Wrongful death – a death caused by the negligence of another person.
Wrongful death – a death caused by the negligence of another person. Negligence – the failure to act with the degree of care that the law requires to protect other people and their interests, which often results in injuring others. Damages – the amount of money a client can recover in a lawsuit.
Active judge. A judge in the full-time service of the court. Compare to senior judge.
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the "appellant;" the other party is the "appellee.". Appellant.
Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. A judge in the full-time service of the court.
Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
administrative law: The area of law that concerns government agencies. cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.
demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying , in effect, that even if the facts are true , there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear.
You’ve probably heard the metaphor, “It’s all Greek to me,” when someone doesn’t understand or is totally flummoxed by a subject or situation. The law is “Greek” to many people: it’s frequently misunderstood and legal terminology is misused by most people.
One simplified distinction is that robbery is a person-on-person crime. Burglary is a property crime. Other frequently confused terms are assault and battery. A man who has just been punched by another man may scream that he’s been assaulted.
As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be dealing with more terms relating to criminal law.
(English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) compensatory damages: Damages that are recovered for injury or economic loss.
felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.
Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...
When a trial ends this way, the case will then see a retrial with a new jury. Ineffective assistance of counsel: Because the Supreme Court has held that part of the right to counsel is a right to effective assistance of counsel, ineffective assistance of counsel is a common habeas corpus claim.
Grand jury: A grand jury consists of 16–23 citizens who, upon listening to evidence presented by prosecutors, determine whether there is probable cause to believe the accused party committed an offense. The decision of a grand jury will determine if a case will be brought to trial.
Mens rea: A term that literally means “guilty mind” in Latin, mens rea is used to describe the criminal intent of an individual when committing a crime, otherwise known as criminal responsibility. Pretrial hearing: After an arraignment has been completed, the defendant will return to court for a pretrial hearing.
Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.
summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.
Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.
Many attorneys bill by the hour, so if you can interact with them quickly and clearly, you can save your organization, and yourself, money.”. By learning common legal terms, you can execute your professional duties with confidence in your own expertise. While earning an advanced degree in legal studies is one way to improve your legal knowledge, ...
Civil Law: This is a generic term for non-criminal law as it applies to settling disputes between private citizens or organizations. Civil lawsuits might be about negligence, a breach of a contract, or a land dispute between neighbors.
Non-Disclosure Agreement (NDA): An NDA is a contract in which a party or parties promise to protect the confidentiality of information obtained during the course of employment or business transaction. These agreements can be one-way or mutually binding, and generally include: 1 A definition of what constitutes confidential information (including what is out of scope) 2 How confidential information should be handled 3 Who owns the information 4 The time period for which the NDA will remain enforceable
Action: An action is a lawsuit in which a party or parties sue one another. A cause of action is the basis of a lawsuit, such as fraud, breach of contract, or negligence.
Articles of Incorporation: These formal documents establish the existence of a corporation, such as an LLC, S-Corp, or Inc., in the United States or Canada. Filed with the Secretary of State, these documents detail critical business information, including the legal structure of the corporation for tax purposes.
Civil liability is the responsibility for damages in a lawsuit, as opposed to criminal liability, which leaves parties open to punishment for a crime that could include jail or prison. Civil penalties are fines imposed by the government to enforce regulations, such as failure to obtain a permit or pay taxes on time.
Contract: A contract is a binding agreement between two or more parties that creates rights and duties for each party that are enforceable by law. They often outline processes for decision making and dispute resolution. Contracts can be written or oral, implied or expressed.