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Legal Terms

Below are some common legal terms which I hope you find educational and useful.

 

Affidavit
A written statement made under oath.
 
Appeal
A request to a supervisory court to overturn the legal ruling of a lower court.

Bankruptcy
A process to help when people cannot pay their debts.
 
Binder
An outline of the basic terms of a proposed sales contract.
 
Caveat Emptor
Latin for "buyer beware." Generally applies to all sales between individuals.

Class Action Suit
A lawsuit in which one or more parties file a complaint on behalf of themselves.

Codicil
A supplement to a will.

Compensatory Damages
Money awarded to reimburse actual costs.
 
Conservator
Person appointed to manage the finances of another.

Damages
The financial compensation awarded to someone who was harmed by someone's wrongful act.

Deed
A written legal document that describes a piece of property.
 
Defendant
The person accused of the crime.

Deposition
Part of the pre-trial discovery process in which a witness testifies under oath.

Encumbrance
Any claim or restriction on a property's title.

Escrow
Money or documents held by a third party until the conditions of an agreement are met.

Estate
All the property a person owns.

Evidence
The various things presented in court to prove an alleged fact.
 
Executor
Person named in a will to oversee and manage an estate.

Ex Parte
Latin that means "by or for one party." Refers to situations in which only one party appears before a judge.

Expert Witness
A witness with a specialized knowledge of a subject.
 
Foreclosure
When a borrower cannot repay a loan and the lender seeks to sell the property.

Garnishment
A court order in which a portion of a person's salary is paid to a creditor.

Grand Jury
A group of citizens convened in a criminal case.

Grantor
The person who sets up a trust.

Gross Negligence
Failure to use even the slightest amount of care.

Intestate
To die without a will.

Legatee
Also known as a beneficiary.

Lemon Laws
Laws that require manufacturers to repair defective cars.

Liability
Any legal responsibility, duty or obligation.

Libel
Defamatory written statements or materials.

Lien
A claim against someone's property.

Liquidated Damages
The amount of money specified in a contract to be awarded in the event that the agreement is violated.

Malpractice
Improper or negligent behavior by a professional, such as a doctor or a lawyer.

Mediation
A neutral third party helps resolve a dispute.

Mitigating Factors
Information that tend to lessen the sentence or crime.

Motion
A request asking a judge to issue a ruling on a legal matter.

Negligence
A failure to use the care that a reasonable person would use under similar circumstances.

Notice of Appeal
The document a person must file with the trial court in order to pursue an appeal.

Partition
A court action to divide property.

Peremptory Challenges
Challenges each side in a trial can use to eliminate potential jurors without stating a reason.

Perjury
A person knowingly makes a false statement while under oath.

Petition
A written application to the court asking for specific action to be taken.

Plaintiff
The person who initiates a lawsuit.

Power of Attorney
The authority to act legally for someone else.

Precedent
A previously decided case that is considered binding.

Prima Facie
Latin for "at first view." Refers to the minimum amount of evidence a plaintiff must have.

Probate
The legal process in which a court oversees the distribution of property left in a will.

Quid Pro Quo
Latin phrase that means something for something.

Retainer
Refers to the up front payment a client gives a lawyer to accept a case.

Service of Process
The act of notifying the other parties that an action has begun.

Settlement
The resolution by the parties in a civil lawsuit.

Statutes of Limitations
Laws setting deadlines for filing lawsuits within a certain time after events occur.

Subpoena
An order to appear to testify or produce documents.

Summation
The closing argument in a trial.

Summons
A legal document notifying a party that a lawsuit has been initiated.

Tort
A civil wrong that result in an injury to a person or property.

Voir Dire
A French phrase that means "to speak the truth." The process of interviewing prospective jurors.

Witness
Person who comes to court and swears under oath to give truthful evidence.

Writ
A judicial order.