Legalese; Lesson 1
- By Chunn Price Harris & Sloan
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- 05 Mar, 2018
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A list of legal terminology defined using every day language.
Legalese: the language spoken by attorneys, paralegals, court officials, and actors on almost every legal drama seen on TV. Even if you have never been involved in a lawsuit, you may have heard some of these terms before. If you've ever wanted to learn this terminology, please enjoy lesson one of Legalese.
Actus reus: an act which is illegal, such as theft. (This term is Latin.)
Affidavit: a written statement which is sworn to be true by the person signing it. It is sworn before someone authorized by the court.
Bona fide: genuine, sincere or in good faith. (This term is Latin.)
Breach of contract: failing to carry out a duty under a contract.
Cause of action: the reason someone is entitled to sue someone else.
Damages: the name for money awarded by a court as compensation.
Interrogatories: in a civil case, formal questions from one side which the other side must answer under oath.
Mens rea: the intent to commit a crime and also the knowledge that an act is wrong. (This term is Latin.)
Statute of limitation: a statute which sets out the time limits within which a court action must take place.
Verdict :the jury's decision at the end of a case.
Actus reus: an act which is illegal, such as theft. (This term is Latin.)
Affidavit: a written statement which is sworn to be true by the person signing it. It is sworn before someone authorized by the court.
Bona fide: genuine, sincere or in good faith. (This term is Latin.)
Breach of contract: failing to carry out a duty under a contract.
Cause of action: the reason someone is entitled to sue someone else.
Damages: the name for money awarded by a court as compensation.
Interrogatories: in a civil case, formal questions from one side which the other side must answer under oath.
Mens rea: the intent to commit a crime and also the knowledge that an act is wrong. (This term is Latin.)
Statute of limitation: a statute which sets out the time limits within which a court action must take place.
Verdict :the jury's decision at the end of a case.
Action:
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.
Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict.
Innocent until proven guilty: The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Order: A written direction of a court or judge to do or refrain from doing certain acts.
Party: A person or legal entity that is named as a plaintiff or defendant on legal pap
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict.
Innocent until proven guilty: The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Order: A written direction of a court or judge to do or refrain from doing certain acts.
Party: A person or legal entity that is named as a plaintiff or defendant on legal pap
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Whether you are signing the receipt for your morning coffee or purchasing a home, contracts are more common than we may realize. If you experience a contract dispute, here are the steps one commonly takes to resolve it.
Legalese: the language spoken by attorneys, paralegals, court officials, and actors on almost every legal drama seen on TV. Even if you have never been involved in a lawsuit, you may have heard some of these terms before. If you've ever wanted to learn this terminology, please enjoy lesson two of Legalese. To expand your knowledge of legalese, visit lesson one and keep an eye out for more lessons in the future!
Appeal: 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."
Burden of proof: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Case file:
Deposition:
Docket: A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Hearsay: Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial
Moot:
Nolo contendere: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Pro se: Representing oneself. Serving as one's own lawyer.
Subpoena: A command, issued under a court's authority, to a witness to appear and give testimony.
Appeal: 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."
Burden of proof: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Case file:
A complete collection of every document filed in court in a case.
Deposition:
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Docket: A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Hearsay: Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial
Moot:
Not subject to a court ruling because the controversy has not actually arisen, or has ended.
Nolo contendere: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Pro se: Representing oneself. Serving as one's own lawyer.
Subpoena: A command, issued under a court's authority, to a witness to appear and give testimony.