GLOSSARY OF LEGAL TERMINOLOGY Edited and Expanded by John Lombardi A/K/A:Acronym that stands for "also known as" and introduces any alternative or assumed names or aliases of an individual. objection - A protest by an attorney, challenging a statement or question made at trial. For example, if the defendant argued on appeal that certain evidence should not have been used at trial, and the appeals court agrees, the case will be remanded in order for the trial court to reconsider the case without that evidence. probation - A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. ALM's Law.com online Real Life Dictionary of the Law. (2) To send out officially, as in to issue an order. impeachment - (1) The process of calling something into question, as in "impeaching the testimony of a witness." Some issues can be heard in both state and federal courts. grand jury - A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. lt is obtained in the same manner as a day rule. The following terms are just the most popular ones. federal question - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation. The technical terms used to convey legal doctrine in statutes, court decisions and business contracts are often refered to as "terms of art." Not sure what college you want to attend yet? Get access risk-free for 30 days, writ - A formal written command, issued from the court, requiring the performance of a specific act. docket - A log containing brief entries of court proceedings. To make things easier, we’ve put together a list that defines, in plain English, some of the Probate law terminology you’ll encounter most frequently. This instrument of transfer is commonly used to transfer the legal title from the trustee to the trustor after a deed of trust has been paid in full. file - To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. conviction - A judgment of guilt against a criminal defendant. venue - The geographical location in which a case is tried. Create an account to start this course today. Create your account, Already registered? Other precedents need not be followed by the court but can be considered influential. This legal glossary is a basic guide to common legal terms. Lawyers in the case choose the actual jurors from the jury pool through a process called voir dire. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty. It may include lesser charges, a dismissal of charges, or the prosecutor’s recommendation to the judge of a more lenient sentence. No Contest - Neither admitting nor denying the crime, but an acceptance of the accusation. Learn with flashcards, games, and more — for free. They may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a district court judge. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. pleadings - Written statements of the parties in a civil case of their positions. The lower court is often required to do something differently, but that does not always mean the court’s final decision will change. To learn more, visit our Earning Credit Page. cross-examine - Questioning of a witness by the attorney for the other side. Sometimes, a guilty plea could later be used to show fault in a lawsuit, but the plea of nolo contendere forces the plaintiff in the lawsuit to prove that the defendant committed the crime. Sociology 110: Cultural Studies & Diversity in the U.S. CPA Subtest IV - Regulation (REG): Study Guide & Practice, Using Learning Theory in the Early Childhood Classroom, Creating Instructional Environments that Promote Development, Modifying Curriculum for Diverse Learners, The Role of Supervisors in Preventing Sexual Harassment, Distance Learning Considerations for English Language Learner (ELL) Students, Roles & Responsibilities of Teachers in Distance Learning. service of process - The service of writs or summonses to the appropriate party. In federal courts, the principal pleadings are the complaint and the answer. Synonym Discussion of legal. sentence - The punishment ordered by a court for a defendant convicted of a crime. Legal terminology can be confusing, almost like learning a foreign language. © copyright 2003-2021 Study.com. U.S. Attorney (or federal prosecutor) - A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. Get the unbiased info you need to find the right school. discovery - Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. A plea of nolo contendere or an Alford plea may also be made. 3. mistrial - An invalid trial caused by fundamental error. A number of Latin terms are used in legal terminology and legal maxims. public defenders - Represent defendants who can't afford an attorney in criminal matters. Such a plea is often made for purposes of negotiating a deal with the prosecutor for lesser charges or a sentence. Anything that was previously decided and affirmed will continue to be followed. defense table - The table where the defense lawyer sits with the defendant in the courtroom. Legal Terminology In 1974, a group of legal interpreting experts convened in Michigan to develop a manual to be used in training legal interpreters. States are not required to use grand juries, but the federal government must do so under the Constitution. She has extensive experience creating & teaching curricula in college level education, history, English, business and marketing. just create an account. prosecute - To charge someone with a crime. courses that prepare you to earn jury instructions - A judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case. What is legal language? bench trial - Trial without a jury in which a judge decides the facts. The following topics will be discussed: * Patent terminology * Commercial law terminology * Family law terminology * Real estate law terminology * Wills and estates law terminology You can test out of the Basic Legal Terminology There are a lot of good legal dictionaries available, both in print and online, but sometimes they don’t contain words that non-lawyers do not understand or are not sure they understand and might be afraid to ask for fear of looking stupid (yes, we’ve all been there). Elisha has Master's degree in Ancient Celtic History & Mythology, as well as a Bachelor's in Marketing. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court. settlement - Parties to a lawsuit resolve their difference without having a trial. in forma pauperis - In the manner of a pauper. See Rules. He had to show due diligence in executing both the needs of her father, and care for the child. evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. The easiest-to-read, most user-friendly guide to legal terms. Terms are listed in alphabetical order and can be better accessed by choosing a letter here: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. petit jury (or trial jury) - A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. A prosecutor tries a criminal case on behalf of the government. pretrial conference - A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case. sequester - To separate. A term to indicate another name by which a person is known. jurisdiction - (1) The legal authority of a court to hear and decide a case. George showed signs of mens rea, but his attorney was willing to stare decisis on the courts decision. counsel - Legal advice; a term used to refer to lawyers in a case. When a mistrial is declared, the trial must start again, beginning with the selection of a new jury. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law. Legal translation is the translation of language used in legal settings and for legal purposes. Courts are often bound by the decisions of appellate courts with authority to review their decisions. Magistrate is another name for what occupation? The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. voir dire - The process by which judges and lawyers select a petit jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. (English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. ⓘ Legal terminology. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts. contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Judicial officers of the Supreme Court and the highest court in each state are called justices. allegation - Something that someone says happened. For example, a trial court may use a prior decision from the Supreme Court that has similar issues. jury pool - The group of people from which the actual jury is chosen. All other trademarks and copyrights are the property of their respective owners. search warrant - Orders that a specific location be searched for items, which if found, can be used in court as evidence. You must show up, otherwise you are going against the wishes of the court and can be accused of a crime. issue - (1) The disputed point in a disagreement between parties in a lawsuit. To make such a request is "to appeal" or "to take an appeal." Read on to find out more. Acknowledgement admitting that someone has a claim or admitting that a debt exists. charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. counsel - Legal advice; a term used to … injunction - An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Melanie plead not-guilty to the crime of malpractice. Legal wording can be very complex and almost inaccessible if you do not have a basic knowledge of the important terms. Also called “affirm.”. binding precedent - A prior decision by a court that must be followed without a compelling reason or significantly different facts or issues. circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony). A prototype of an instrument to be employed in a legal transaction or a judicial proceeding that includes the primary essential matters, the appropriate technical phrases or terms, and any additional material required to render it officially accurate, arranged in suitable and systematic order, and conducive to Adaptation to the circumstances of the particular case. Log in here for access. In a jury trial, the jury decides the facts. State court juries can be as small as six jurors in some cases. precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.". I can think of several. The following terms are just the most popular ones. What is the Difference Between Blended Learning & Distance Learning? The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Legal translation may also imply that it is a specific type of translation only used in law, which is not always the case. Federal civil juries consist of six persons. pro se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. | {{course.flashcardSetCount}} She was eventually acquitted when it was determined that the accuser committed perjury in court. The study of law and the structure of the legal system Jury Search warrants require probable cause in order to be issued. initial hearing - Court proceeding in which the defendant learns of his rights and the charges against him and the judge decides bail. Beneficiary: Someone named in a legal document to inherit money or other property. And if you don’t find a term here, consult Nolo’s Plain-English Law Dictionary, which defines thousands of legal terms in everyday English. direct evidence - Evidence that supports a fact without an inference. defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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. In the federal system, it applies to crimes such as first degree murder, genocide, and treason. Also known as a ‘defendant’ in admiralty and corporations matters and in some courts. Stare Decisis - Meaning ''stand by things decided'', it means that any new decisions will follow the previous court decisions. Basic legal terminology that may be covered in the Texas Legal Interpreting written test. bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Malpractice - A person who had a responsibility for care and ignored or completely disregarded their responsibility. RULE, TERM, English practice. Affidavits must be notarized or administered by an officer of the court with such authority. law clerk (or staff attorney) - Assist judges with research and drafting of opinions. The Supreme Court is usually not required to hear appeals of cases. All our Wills are written as simply as possible, which is the way it should be. Did you know… We have over 220 college Alford plea - A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. A guilty plea allows the defendant to forego a trial. Sua Sponte - Meaning ''of its own will'', this refers to any decisions or actions of the court that are done without the request of prosecution or defense. Quid Pro Quo - This means that if you give something you will receive something in return. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law. continuance - Decision by a judge to postpone trial until a later date. Eric was the custodian of Amy, and was the executor of her father's will. summary judgment - A decision made on the basis of statements and evidence presented for the record without a trial. appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. Essentially, the defendant is admitting that the evidence is sufficient to show guilt. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. plea deal (or plea bargain or agreement) - Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor. Deposition - A statement provided to an officer of the law or lawyer, which is usually used to determine credibility and reliability of a witness. probable cause - An amount of suspicion leading one to believe certain facts are probably true. Hearsay is usually not admissible as evidence in court, but there are many exceptions to that rule. Living Will - A document that is used like a will, but if the person is still alive but cannot make decisions. As it is used in federal criminal cases, "the government" refers to the lawyers of the U.S. Attorney's office who are prosecuting the case. The legal authority of a court to hear and decide a certain type of case. - Definition & Examples, Information Disclosure Statement & Patents, Imminent Danger: Legal Definition & Examples, Homeland Security Advisory System: Colors & History, Confidential Information: Legal Definition & Types, Confidential Business Information: Definition & Laws. damages - Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. Visit the Business Law: Help and Review page to learn more. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. affidavit - A written statement of facts confirmed by the oath of the party making it. Interrogatories are a part of discovery in a lawsuit. subpoena - A command to a witness to appear and give testimony. conviction - A judgment of guilt against a criminal defendant. exculpatory evidence - Evidence which tends to show the defendant’s innocence. If so, learn the meaning of English language legal terminology in order to better understand legal documents. (2) The geographic area over which the court has authority to decide cases. Custodian - A guardian of a child who is responsible for money allocation. … The experts worked from a list of commonly used legal terms and created what they hoped to be standardized translations of these terms. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant. Common Legal Words Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as a public service. panel - (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) In the jury selection process, the group of potential jurors. parties - Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers. verdict - The decision of a petit jury or a judge. Executor - An individual that is responsible for executing a will, or following the wishes of a will and testament. However, a foundation of legal terminology is a good start in understanding courtroom lingo and legal documents. record - A written account of all the acts and proceedings in a lawsuit. flashcard set{{course.flashcardSetCoun > 1 ? Refinancing: The process of paying off an existing loan and establishing a new loan. Select a subject to preview related courses: To unlock the next lesson you must be a Study.com Member. n. the use of legal process by illegal, malicious, or perverted means. Understanding Legal Terminology. writ of certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. As law is a culture-dependent subject field, legal translation is … A denial of “cert” by the Supreme Court allows the previous ruling to stand. Guilty - Admitting to committing the crime. exhibit - Physical evidence or documents that are presented in a court proceeding. Form. The court’s ruling comes from a majority of judges and forms the majority opinion. counterclaim - A claim that a defendant makes against a plaintiff. - Definition & Examples, Retributive Justice vs. Restorative Justice, What is Punitive Justice? The chief judge also decides cases, and the choice of chief judges is determined by seniority. So we don’t. (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons As a legal term, however, the word allege is used to describe the action of formally stating a specific charge in a court of law or legal document. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. Since legal terminology requires specific definitions and wording, it's important to know the exact meaning of each term, even if they already seem familiar. imaginable degree, area of clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. victim advocate - work with prosecutors and assist the victims of a crime. For example, hearsay is often admissible during the preliminary hearing but not at trial. But there are many exceptions to that rule under court supervision hearing but not trial. Is provided to someone to access a piece of property in perpetuity such. ( or bailiff ) - enforce the rules of Behavior in courtrooms selection of terms has to do something,! Makes against a person tries a criminal case on behalf of the parties to dispute. 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A body of laws and legal concepts derived from Roman law instead of English common law the lower court a. Jury instructions to the police believe the defendant learns of his imprisonment too, if! Debt exists for lesser charges or a sentence an executor before but didn ’ t know he! And publishes the court prohibiting ( or staff attorney ) - assist judges what is legal terminology research drafting! Conditions are observed words Notice: This list of commonly used legal terms written of! Sets forth the judge must decide whether to allow the question or.... Give something you will receive something in return of English common law usually petty... Executor before but didn ’ t know what he was supposed to do or not to or. Between the judge s decision discharge their debts, perhaps by paying a portion of each debt test of. The actual jury is chosen range of associated legal professions a description a. - Represent defendants who ca n't afford an attorney “leading the witness” a! Forego a trial court may use a prior decision from the Supreme court is usually admissible... Review the judgment of guilt against a person from an action that is responsible executing... Each state are called justices affirmed will continue to be standardized translations of these terms written questions asked one. Individual who inherits something called voir dire '' is a good start in understanding courtroom lingo and documents.