Legal
terms form the essential language of the legal field, encompassing a range of
concepts, procedures, and principles used in various legal contexts. These
terms help define the roles of parties in legal disputes, the processes by
which justice is administered, and the frameworks within which legal decisions
are made. From basic concepts like "plaintiff" and
"defendant" to more complex principles like "res judicata"
and "stare decisis," understanding legal terminology is crucial for
navigating legal documents, courtroom procedures, and the broader legal system.
This glossary serves as a foundational tool for anyone looking to grasp the
fundamental aspects of legal practice and theory.
1.
Acquittal
A legal judgment that officially and formally clears a defendant of criminal
charges.
2.
Adjudication
The legal process by which a judge reviews evidence and argumentation to make a
ruling or judgment.
3.
Affidavit
A written statement confirmed by oath or affirmation, used as evidence in
court.
4.
Affirmative Defense
A defense raised in a responsive pleading (e.g., answer) that, if proven,
negates or reduces liability even if the allegations are true.
5.
Allocution
A formal statement made to the court by the defendant who has been found
guilty, often before sentencing.
6.
Amicus Curiae
"Friend of the court" – a person or group who is not a party to a
lawsuit but has a strong interest in the matter, offering information or
expertise to assist the court.
7.
Appellant
The party who appeals a court's decision, seeking a higher court's review and
reversal of the lower court's decision.
8.
Appellee
The party against whom an appeal is filed, usually seeking to uphold the lower
court's decision.
9.
Arbitration
A method of dispute resolution where an impartial third party (the arbitrator)
hears the evidence and makes a binding decision.
10. Assumption of Risk
A defense in tort law that asserts a person voluntarily undertook a known risk
and is therefore barred from claiming damages.
11. Bail
Money or property that a defendant deposits with the court to ensure their
appearance at future legal proceedings.
12. Bench Trial
A trial in which the judge alone hears the case and renders a verdict, without
a jury.
13. Breach
The violation or breaking of a legal obligation, contract, or duty.
14. Brief
A written statement submitted by a lawyer that summarizes the facts of the
case, the applicable laws, and legal arguments.
15. Burden of Proof
The obligation to prove one's assertion or the requirements needed to establish
a fact in a legal proceeding.
16. Case Law
Law that is based on judicial decisions and precedents rather than statutes.
17. Caveat Emptor
A Latin term meaning "let the buyer beware." It implies that buyers
must take responsibility for checking the quality of goods before a purchase.
18. Chattel
Personal property or movable property that is distinct from real estate or
land.
19. Class Action
A lawsuit where a group of people with the same or similar injuries caused by
the same product or action sue the defendant as a group.
20. Collateral Estoppel
A legal doctrine preventing the re-litigation of issues that have already been
resolved in a prior case between the same parties.
21. Complainant
A person who brings a legal action or files a formal charge, especially in
criminal cases (similar to plaintiff in civil cases).
22. Comparative Negligence
A legal doctrine where the plaintiff's damages are reduced by the percentage of
fault attributable to them.
23. Competence
The legal capacity to stand trial, make decisions, or enter into a contract,
based on mental and physical capability.
24. Consent Decree
A court order that all parties agree to, usually to settle a dispute without
admitting guilt or liability.
25. Conservatorship
A legal arrangement in which a court appoints someone to manage the financial
and/or personal affairs of an individual who is unable to do so themselves.
26. Constitutional Law
The body of law derived from the Constitution, interpreting and applying the
Constitution's provisions.
27. Contempt of Court
Disobedience or disrespect toward the court or its officers, which can lead to penalties
or sanctions.
28. Conversion
The unlawful taking or use of someone else's property, treated as theft in some
civil cases.
29. Corroborating Evidence
Evidence that confirms or supports a statement, theory, or testimony in a
trial.
30. Corpus Delicti
Latin for "body of the crime," it refers to the principle that a
crime must be proven to have occurred before someone can be convicted of
committing that crime.
31. Cross-Examination
The questioning of a witness by the opposing party during a trial or
deposition.
32. Damages
Financial compensation awarded by a court to a person who has suffered harm due
to the unlawful act or negligence of another.
33. Declarant
A person who makes a statement, often in the context of hearsay evidence.
34. Declaratory Judgment
A court judgment that determines the rights of parties without ordering any
specific action or awarding damages.
35. De Facto
A Latin term meaning "in fact" or "in reality," referring
to practices that exist in actuality but are not officially recognized by law.
36. De Jure
A Latin term meaning "by law" or "legally," referring to
something that is recognized by law, regardless of whether it exists in
reality.
37. Demurrer
A legal response to a complaint, asserting that even if the facts alleged in
the complaint are true, they do not constitute a valid legal claim.
38. Deposition
A witness's sworn out-of-court testimony, used to gather information as part of
the discovery process.
39. Dissenting Opinion
An opinion written by a judge or justice who disagrees with the majority
decision of the court.
40. Due Process
A constitutional guarantee that a person will receive fair and equitable
treatment in legal proceedings, including the right to notice and an
opportunity to be heard.
41. Eminent Domain
The government's right to seize private property for public use, provided that
the owner is compensated fairly.
42. Equitable Estoppel
A legal principle preventing a party from taking a position contrary to one
they previously asserted if it would harm the other party who relied on the
initial stance.
43. Escrow
A financial arrangement where a third party holds and regulates payment of
funds required for two parties involved in a given transaction.
44. Estoppel
A legal principle that prevents someone from arguing something contrary to a
position they previously asserted in court.
45. Ex Parte
A legal proceeding or communication involving only one party, typically without
the other party being present.
46. Exculpatory Clause
A provision in a contract that relieves one party from liability for their own
wrongful actions or negligence.
47. Felony
A serious crime, usually punishable by imprisonment for more than one year or
by death (e.g., murder, robbery).
48. Forbearance
An agreement between a lender and borrower to delay a foreclosure, allowing the
borrower time to make up for missed payments.
49. Force Majeure
A contractual clause that frees both parties from liability or obligation when
an extraordinary event or circumstance beyond their control occurs (e.g.,
natural disasters).
50. Forfeiture
The loss or giving up of property or rights as a penalty for wrongdoing, often
used in criminal and civil asset forfeiture cases.
51. Frivolous Claim
A legal claim that lacks any basis in fact or law and is not supported by a
reasonable argument for extending, modifying, or reversing existing law.
52. Garnishment
A legal process by which a creditor can collect money owed by seizing funds
directly from a debtor's wages or bank account.
53. Guardian ad Litem
A person appointed by the court to represent the best interests of a minor or
incapacitated person during legal proceedings.
54. Habeas Corpus
A legal action or writ by means of which detainees can seek relief from
unlawful imprisonment.
55. Hearsay
Testimony or evidence based on what the witness has heard someone else say,
rather than on personal knowledge; often inadmissible in court.
56. Immunity
Protection from legal responsibility or prosecution, often granted in exchange
for testimony or cooperation in an investigation.
57. Impeachment
The process of calling into question the credibility of a witness, or the formal
accusation of wrongdoing against a public official.
58. In Camera
A legal proceeding or part of it conducted in private, outside the view of the
public and press, often for the protection of sensitive information.
59. In Rem
Legal proceedings or actions directed against property, rather than against a
person.
60. Indictment
A formal charge or accusation of a serious crime.
61. Injunction
A court order requiring a party to do or refrain from doing specific acts.
62. Injunction Relief
A remedy in the form of a court order that either compels or restrains a party
from continuing certain conduct.
63. Intentional Tort
A civil wrong resulting from an intentional act, such as assault, battery, or
defamation.
64. Interlocutory Appeal
An appeal of a ruling by a trial court made before the trial itself has
concluded.
65. Joint and Several Liability
A legal doctrine where each defendant in a case can be held responsible for the
entire amount of damages, regardless of their individual share of liability.
66. Jurisdiction
The authority granted to a court to hear and decide cases.
67. Laches
An equitable defense, asserting that a legal right has been waived due to a
long delay in asserting it.
68. Lawsuit
A legal action by one party (plaintiff) against another (defendant) to resolve
a dispute in court.
69. Legal Malpractice
A cause of action arising from the negligence, breach of duty, or misconduct by
a lawyer in the representation of a client.
70. Lemon Law
Laws that provide a remedy for purchasers of cars that repeatedly fail to meet
standards of quality and performance.
71. Lien
A legal claim against property as security for a debt or obligation until the
debt is satisfied.
72. Litigation
The process of taking legal action or resolving disputes through the courts.
73. Mens Rea
Latin for "guilty mind," it refers to the mental state of intent
required to commit a crime.
74. Misdemeanor
A less serious crime than a felony, typically punishable by fines, probation,
or jail time for less than a year.
75. Mitigating Circumstances
Factors that may reduce the severity of a sentence or punishment, such as a
defendant's personal history or the circumstances of the offense.
76. Moot
A matter that is no longer subject to a court ruling because the issue has been
resolved or is no longer relevant.
77. Nolo Contendere
A plea in which the defendant accepts punishment without admitting guilt, often
called "no contest."
78. Negligence
A failure to exercise the care that a reasonably prudent person would exercise
in similar circumstances, leading to harm or injury to another party.
79. Obiter Dicta
A judge’s incidental expression of opinion, not essential to the decision, and
not establishing a precedent.
80. Parol Evidence Rule
A rule that prevents parties in a written contract from presenting extrinsic
evidence of terms or conditions that contradict or add to the written
agreement.
81. Perjury
The offense of willfully telling an untruth or making a false statement under
oath.
82. Plaintiff
The party who initiates a lawsuit by filing a complaint in court.
83. Plea Bargain
An agreement between the prosecutor and the defendant in a criminal case where
the defendant pleads guilty to a lesser offense to avoid a trial.
84. Prima Facie
Based on the first impression; accepted as correct until proven otherwise.
85. Probate
The legal process by which a will is proved valid or invalid, and the
deceased's estate is administered.
86. Pro Bono
Legal services provided for free or at a reduced cost, usually to individuals
who cannot afford representation.
87. Pro Se
Representing oneself in a legal proceeding without the assistance of a lawyer.
88. Punitive Damages
Compensation awarded in a civil case that goes beyond what is necessary to
compensate the plaintiff and is intended to punish the defendant for egregious
conduct.
89. Recusal
The act of a judge or other official withdrawing from a case due to potential
bias or conflict of interest.
90. Remand
When an appellate court sends a case back to a lower court for further action.
91. Res Judicata
A matter that has been adjudicated by a competent court and therefore may not
be pursued further by the same parties.
92. Slander
The act of making a false spoken statement damaging to a person's reputation.
93. Sovereign Immunity
A legal doctrine that prevents the government or its political subdivisions,
departments, and agencies from being sued without their consent.
94. Stare Decisis
The doctrine that courts should follow precedents set in previous cases when
making rulings.
95. Statute of Limitations
A law prescribing a period within which legal action must be taken.
96. Strict Liability
Legal responsibility for damages or injuries, even if the defendant was not
negligent or at fault.
97. Subpoena
A legal document ordering someone to attend court or produce documents.
98. Summary Judgment
A judgment entered by a court for one party and against another without a full
trial, usually when there are no disputed facts.
99. Testimony
Evidence presented orally by witnesses during trials or depositions.
100. Tort
A civil wrong, other than breach of contract, that causes harm or loss, leading
to legal liability.
