Lexicon of Litigation: Demystifying Legal Jargon
Navigating the legal world can often feel like entering a foreign land where everyone is speaking a different language. The language of law, dense with jargon and Latin phrases, can be daunting for those unfamiliar with it. The goal of this mini lexicon is to shed light on some commonly used legal terms and phrases, demystifying them for the layperson. Affidavit: A written statement of facts that is made under oath.
For instance, before someone can testify in court, they might need to sign an affidavit. Bench trial: A trial where the judge, rather than a jury, determines the outcome. Complaint: The initial document filed by the plaintiff (the person or entity initiating the lawsuit) which starts the lawsuit. Deposition:
A process where a witness gives sworn testimony before the trial. This is often done in the office of an attorney and can be used later in the trial. Equitable: Pertaining to justice or fairness. In legal terms, it often refers to remedies other than monetary damages, such as an injunction. Felony:
A serious crime, often punishable by imprisonment for more than one year. Examples include murder, rape, and robbery. Habeas corpus: Latin for “you have the body.” It’s a writ (order) that requires a person under arrest to be brought before a judge or court, especially to secure the person’s release unless lawful grounds are shown for their detention. Indictment: A formal charge or accusation of a serious crime, typically presented by a grand jury. Jurisdiction: The official power or authority to make legal decisions and judgments. This can refer to geographical areas or types of legal cases. Kidnapping: The unlawful act of capturing and carrying away a person against their will. Liability: Legal responsibility. If someone is found liable for,
they may have to pay damages or compensation. Misdemeanor: A lesser crime than a felony, often punishable by a fine or a short jail sentence. Negligence: Failure to take proper care in doing something. If someone’s negligence causes harm, they might be held legally responsible. Objection:
A formal protest raised by one of the parties in a trial, regarding the admissibility of evidence or other procedural matters. Plaintiff: The person or entity that initiates a lawsuit against another. Quash: To nullify, void, or declare invalid. For example, an attorney might move to quash a subpoena if it was improperly issued. Restitution: The restoration of something lost or stolen to its original owner.
In legal contexts, it can also refer to compensation paid to victims. Statute: A written law passed by a legislative body. Tort: A wrongful act or infringement of a right leading to civil legal liability. Voir dire: A procedure in which the attorneys and the judge question potential jurors to determine their suitability for jury service. Writ: A formal written order issued by a body with administrative or judicial jurisdiction.
Ex parte: Latin for “from one party.” Refers to those proceedings where one of the parties has not received notice and, therefore, is neither present nor represented. Youthful offender: A legal term for a young person who commits a crime, typically under the age of 18. Laws for youthful offenders often have different procedures and punishments than for adults. Zero tolerance:
A policy that allows for no exceptions. Often used in the context of school and workplace rules. While this lexicon is by no means exhaustive, it provides an introduction to some of the most commonly used terms in the world of litigation. By understanding these terms, one can better navigate and comprehend the intricacies of the legal system.
Adjudicate: To formally judge or decide a matter. For instance, a court adjudicates cases brought before it. Bail: A sum of money or property deposited or pledged to a court to secure the release of a person under arrest, with the understanding that the person will return for trial. Class action: A lawsuit where one or several individuals represent a larger group of people, all of whom are affected by the defendant’s actions.
Docket: A list of cases in court awaiting action or the log of brief entries of court proceedings. Eminent domain: The power of a government or its agent to take private property for public use with payment of compensation. Fiduciary: A person or organization that owes a duty of trust and confidence to another.
For example, a trustee has a fiduciary duty to the beneficiary. Guardian ad litem: A person appointed by a court to represent the best interests of a child or incapacitated person during legal proceedings. Injunction: A court order requiring a person to do or cease doing a specific action. Joinder:
The inclusion of an additional party or parties in a lawsuit. Kinship: Blood relationship. Often relevant in issues of inheritance or custody matters. Lien: A claim against property to ensure payment of a debt or fulfillment of an obligation. Moot: A point or matter that is no longer relevant or at issue. Nolo contendere: Latin for “I do not wish to contend.” It’s a plea where the defendant neither admits nor denies the charge,
essentially the same as a guilty plea. Opinion: A detailed explanation of the legal thinking behind a court’s decision in a case. Probate: The legal process of validating a will and distributing assets after someone dies. Qualified immunity: A legal doctrine that shields government officials from being held personally
liable for discretionary actions performed within their official capacity. Replevin: A legal action to recover items of personal property wrongfully held by another person. Slander:
A form of defamation that is spoken, as opposed to written (which is called “libel”). Tangible property: Physical property that can be touched, like a car or a house, as opposed to intangible property like patents or stocks. Ultra vires: Latin for “beyond the powers.” Actions taken by a corporation or
government body that exceed what it is legally entitled to do. Venue: The place where a trial is held, or the jurisdiction where a lawsuit should be filed. Waiver: The intentional relinquishment or abandonment of a specific claim, right, or privilege. Exculpatory: Evidence or facts that can clear a defendant from fault or guilt. Yield: To produce or give way to something. Often used in financial contexts to
describe returns on investments. Zoning: Laws or regulations that dictate how certain areas of land can be used. This extended lexicon should provide a deeper understanding of the various terms you might encounter when exploring the legal realm.
