Glossary
A
- Acquittal – A legal judgment that officially clears a defendant of criminal charges. It means there was insufficient evidence to convict.
- Affidavit – A written statement made under oath, used as evidence in court. It must be notarized to be valid.
- Alibi – A defense in which the accused proves they were elsewhere when a crime occurred. Alibis are commonly used in criminal cases.
- Alibi Test – Test .
- Appeal – A formal request for a higher court to review and change the outcome of a case. Appeals are based on legal errors made in the trial court.
- Arbitration – A dispute resolution process outside the court system. A neutral third party makes a binding decision.
- Arraignment – The court proceeding where a defendant is formally charged and enters a plea. It typically follows an arrest.
- Assault – The act of threatening or attempting to cause harm to another person. It can be a criminal or civil matter.
- Asset Protection – Legal strategies to guard assets from lawsuits or creditors. Common in estate and business planning.
- Asylum – Protection granted to foreign nationals fleeing persecution. It’s a complex area of immigration law.
- Attorney-Client Privilege – A legal principle that keeps communications between a lawyer and client confidential. This encourages full disclosure during representation.
B
- Bail – A financial arrangement allowing a defendant to remain free pending trial. It ensures the defendant returns to court.
- Bankruptcy – A legal process for individuals or businesses unable to repay debts. Bankruptcy laws vary depending on chapter filed.
- Bar Association – An organization regulating the legal profession. It often oversees licensing and ethical compliance.
- Beneficiary – A person named to receive benefits or assets from a legal instrument like a will or trust. They have legal rights to those benefits.
- Breach of Contract – Failure to fulfill agreed-upon terms in a contract. It can result in legal consequences or damages.
C
- Case Law – Law established through previous court decisions. It’s a fundamental source of legal precedent.
- Caveat Emptor – Latin for “let the buyer beware.” This principle applies to transactions unless warranties are stated.
- Class Action – A lawsuit filed on behalf of a group with similar legal grievances. It often involves product defects or corporate misconduct.
- Closing Statement – The final argument by each party’s attorney during a trial. It summarizes evidence and key points.
- Contingency Fee – A payment structure where the lawyer gets paid only if the client wins. Common in personal injury cases.
D
- Damages – Monetary compensation awarded for loss or injury. There are compensatory, punitive, and nominal types.
- Deed – A legal document that transfers property ownership. It must be signed and recorded.
- Defamation – False statements that damage a person’s reputation. Includes both libel (written) and slander (spoken).
- Defendant – The party accused in a legal proceeding. This applies to both criminal and civil cases.
- Deposition – Sworn out-of-court testimony recorded for later use. It’s part of the discovery process in litigation.
E
- Emancipation – A legal process that gives minors independence from parents or guardians. Often used in family law.
- Embezzlement – Theft or misappropriation of funds entrusted to someone. A white-collar crime commonly prosecuted under criminal law.
- Estate Planning – Legal strategies for managing assets after death. Includes wills, trusts, and power of attorney.
- Ex Parte – A court proceeding conducted for one party without the other being present. Often used in emergency situations.
- Expungement – The legal process of erasing a criminal record. It provides individuals a fresh start.
F
- Felony – A serious crime punishable by more than one year in prison. Examples include murder, robbery, and fraud.
- Fiduciary – A person who must act in another’s best legal or financial interest. This applies in trusts, estates, and financial advising.
- Foreclosure – A legal process where lenders take property due to loan default. Common in mortgage law.
- Fraud – Intentional deception to secure unfair or unlawful gain. Can lead to civil and criminal liability.
- Freedom of Information Act (FOIA) – A law allowing public access to federal government records. It promotes transparency and accountability.
G
- Garnishment – A legal process where a portion of wages is withheld to pay debts. Common in child support or loan repayment.
- Grand Jury – A group that determines whether there is enough evidence to indict a suspect. Not involved in determining guilt.
- Guardian ad Litem – A court-appointed person representing a child or incapacitated adult in legal proceedings. They advocate for the best interests of the individual.
- Gun Laws – Regulations governing the possession and use of firearms. These laws vary significantly by state and jurisdiction.
- Good Faith – Honest intent in fulfilling contractual obligations. Courts often assess good faith in contract disputes.
H
- Habeas Corpus – A legal action to determine if a person’s detention is lawful. It’s a critical protection against unlawful imprisonment.
- Harassment – Unwanted behavior that creates a hostile environment. It can be the basis for legal action in civil and employment law.
- Hearsay – Secondhand statements not made under oath, often inadmissible in court. Exceptions exist under certain conditions.
- Hostile Work Environment – A workplace where discrimination or harassment makes it difficult to work. Grounds for an employment lawsuit.
- Hung Jury – A jury that cannot reach a unanimous verdict. It may result in a mistrial.
I
- Immunity – Protection from legal liability or prosecution. Granted to witnesses or public officials under specific circumstances.
- Indictment – A formal charge issued by a grand jury. It signifies enough evidence exists to proceed with prosecution.
- Injunction – A court order requiring a party to do or refrain from specific acts. It’s a common remedy in civil litigation.
- Intellectual Property – Legal rights to creations of the mind, such as inventions and trademarks. Protected by copyrights, patents, and trademarks.
- Interrogatories – Written questions one party sends to another during discovery. Answers are given under oath.
J
- Joint Custody – A legal arrangement where both parents share responsibility for their child. It includes decisions about education, healthcare, and living arrangements.
- Joint Tenancy – A form of property ownership where two or more people share equal rights. If one owner dies, their share automatically passes to the other owner(s).
- Judge – A public official appointed to decide legal cases in court. Judges interpret laws, assess evidence, and make rulings.
- Judgment – The final decision by a court resolving the legal issues in a case. It can include orders for damages or other remedies.
- Jurisdiction – The legal authority a court has to hear and decide a case. Jurisdiction can be based on geography or case subject matter.
K
- Kidnapping – The unlawful taking or detention of a person against their will. It is a serious felony offense under state and federal law.
- Knowledgeable Consent – Legal agreement given with full awareness of the facts. Often relevant in contracts, medical procedures, and legal settlements.
- Know Your Rights – A legal concept encouraging individuals to understand their constitutional protections. Often associated with criminal, employment, or immigration law.
- Key Witness – A person whose testimony is vital to proving or disproving a case. Their credibility can significantly influence trial outcomes.
- Kickback – An illegal payment made for favorable treatment in business or government transactions. It often results in fraud or corruption charges.
L
- Lawsuit – A legal case brought by one party against another in a court of law. Lawsuits can be civil or criminal depending on the issue.
- Lease Agreement – A contract between landlord and tenant outlining rental terms. It includes rent, duration, and responsibilities of both parties.
- Legal Aid – Free or low-cost legal services provided to individuals who can’t afford an attorney. Funded by nonprofits or government agencies.
- Liability – Legal responsibility for one’s actions or omissions. Liability can be civil or criminal depending on the context.
- Lien – A legal claim on property as collateral for a debt. It must be satisfied before the property can be sold.
M
- Malpractice – Professional negligence by a lawyer, doctor, or other professional. Legal malpractice involves breach of duty to a client.
- Mediation – A non-binding dispute resolution process facilitated by a neutral third party. It’s often used in divorce and civil disputes.
- Miranda Rights – Constitutional rights read to suspects upon arrest. They include the right to remain silent and an attorney.
- Misdemeanor – A criminal offense less severe than a felony, usually punishable by fines or jail time under one year.
- Motion to Dismiss – A formal request to terminate a case before trial. Based on legal defects in the complaint or lack of evidence.
N
- Negligence – Failure to exercise reasonable care resulting in harm to another. Central to personal injury and tort law.
- No-Contest Plea – A plea where the defendant does not admit guilt but accepts punishment. It cannot be used as an admission in civil court.
- Non-Disclosure Agreement (NDA) – A legal contract that prohibits sharing confidential information. Common in business, employment, and legal settlements.
- Notary Public – A licensed official who verifies the authenticity of signatures and legal documents. Often required for affidavits and real estate transactions.
- Nuisance – An act that interferes with the use or enjoyment of property. Can be public (affecting a community) or private (affecting an individual).
O
- Objection – A formal protest made in court during a trial. Used to challenge evidence or procedure.
- Opening Statement – The initial remarks made by attorneys at trial. It sets the stage and outlines their case.
- Order of Protection – A court-issued document that restricts an individual from contacting or harming another person. Common in domestic violence cases.
- Ordinance – A law passed by a local government authority. It applies to cities, towns, or municipalities.
- Overrule – A judge’s decision to reject an objection or legal precedent. It changes the course of legal argument or procedure.
P
- Paralegal – A trained legal assistant who supports attorneys in legal research, documentation, and case preparation. They are not licensed to practice law.
- Pardon – An act of clemency where a government official forgives a crime. It erases legal consequences of a conviction.
- Parole – The conditional release of a prisoner before completing their sentence. It includes supervision and specific terms.
- Perjury – Lying under oath during legal proceedings. It is a criminal offense that can carry severe penalties.
- Plaintiff – The person or party who initiates a lawsuit. Also called the complainant in civil cases.
Q
- Quash – To reject or void a legal proceeding or document. Common in motions to quash subpoenas or warrants.
- Qualified Immunity – A legal doctrine protecting government officials from liability under certain conditions. Often used in civil rights cases.
- Quiet Title – A legal action to resolve disputes over property ownership. It “quiets” any challenges to the title.
- Quorum – The minimum number of members required to conduct official business. Used in corporate, legislative, and board meetings.
- Quid Pro Quo – Latin for “this for that.” In law, it refers to an exchange of goods or services, often with legal implications in contracts or harassment cases.
R
- Real Property – Land and anything permanently attached to it, like buildings. Governed by property and real estate law.
- Recuse – When a judge or official removes themselves from a case due to conflict of interest. Ensures fairness and impartiality.
- Remand – To send a case back to a lower court for further action. Often ordered by appellate courts.
- Restitution – Court-ordered payment to a victim for loss or injury. Common in criminal sentencing.
- Restraining Order – A court order to protect individuals from harm or harassment. It imposes legal boundaries on contact or proximity.
S
- Sanction – A penalty imposed by the court for violating rules or orders. Can also refer to legal approval of an action.
- Settlement – An agreement reached between parties in a lawsuit before trial. Avoids the time and cost of litigation.
- Statute of Limitations – The legal time limit to file a lawsuit. Varies by case type and jurisdiction.
- Subpoena – A legal document requiring someone to testify or produce evidence. Ignoring a subpoena can lead to penalties.
- Summary Judgment – A court ruling made without a full trial when there’s no dispute of material facts. Used to expedite legal proceedings.
T
- Tort – A civil wrong causing harm or loss, leading to legal liability. Common torts include negligence and defamation.
- Testimony – A statement made under oath by a witness in court. It’s used as evidence during trials.
- Trust – A legal arrangement where one party holds property for the benefit of another. Used in estate planning and asset management.
- Trial – A formal court process to determine guilt, liability, or facts in a legal case. Involves evidence, witnesses, and legal arguments.
- Title – Legal ownership of property or a right. Often refers to real estate ownership documents.
U
- Unconstitutional – Not allowed under the U.S. Constitution. Courts can strike down laws or actions that violate constitutional rights.
- Usury – Charging excessively high interest on loans. Laws vary by state but generally protect consumers from predatory lending.
- Unlawful Detainer – A legal action to evict a tenant. Filed when a tenant refuses to leave after violating lease terms.
- Undue Influence – Improper pressure on someone to make legal decisions, often seen in wills or contracts. Can invalidate legal documents.
- Unjust Enrichment – One party unfairly benefits at another’s expense. Can lead to legal claims for restitution.
V
- Verdict – The decision made by a jury or judge in a trial. Determines the outcome of a legal case.
- Venue – The proper location for a trial. It depends on jurisdiction, convenience, and fairness.
- Voir Dire – Jury selection process where attorneys question potential jurors. Used to identify bias and ensure fairness.
- Vicarious Liability – Legal responsibility for another’s actions. Often applies to employers for employee conduct.
- Victim Impact Statement – A statement by the victim detailing harm suffered, used during sentencing in criminal cases.
W
- Warrant – A legal document authorizing police action, like searches or arrests. Issued by a judge based on probable cause.
- Will – A legal document expressing how a person wants their assets distributed after death. Must meet legal requirements to be valid.
- Witness – A person who gives evidence in a legal proceeding. Witnesses can be factual or expert.
- Waiver – The voluntary relinquishment of a known right. Can be oral or written depending on context.
- Wrongful Death – A lawsuit filed when someone dies due to another’s negligence or misconduct. Seeks damages for the surviving family.
X
- Xenophobia – Fear or hatred of foreigners or strangers. While not strictly legal, it can be relevant in discrimination or immigration cases.
Y
- Yellow Dog Contract – A labor contract where an employee agrees not to join a union. Such contracts are now illegal in the U.S.
Z
- Zoning – Laws that regulate land use by designating areas for residential, commercial, or industrial development. Enforced by local governments.