court reporter - A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. litigation - A case, controversy, or lawsuit. contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. 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. interview - A meeting with the police or prosecutor. Diligence - Opposite of negligence, this shows proper care of a subject or situation. A federal court in one state, for example, can usually only decide a case that arose from actions in that state. Guilty - Admitting to committing the crime. jurisdiction - (1) The legal authority of a court to hear and decide a case. All other trademarks and copyrights are the property of their respective owners. issue - (1) The disputed point in a disagreement between parties in a lawsuit. Decree - an order entered by the court that sets forth the judge s decision. Melanie plead not-guilty to the crime of malpractice. statement - A description that a witness gives to the police and that the police write down. … credit by exam that is accepted by over 1,500 colleges and universities. 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. statute of limitations - A law that sets the time within which parties must take action to enforce their rights. Loan terminology glossary . allegation - Something that someone says happened. Legatee: The recipient of a legacy; an individual who inherits something. courses that prepare you to earn verdict - The decision of a petit jury or a judge. opinion - A judge's written explanation of a decision of the court. The technical terms used to convey legal doctrine in statutes, court decisions and business contracts are often refered to as "terms of art." Get access risk-free for 30 days, It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases. (2) The geographic area over which the court has authority to decide cases. In a jury trial, the jury decides the facts. The court’s ruling comes from a majority of judges and forms the majority opinion. 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. Sometimes juries are sequestered from outside influences during their deliberations. direct evidence - Evidence that supports a fact without an inference. Legal Terminology In 1974, a group of legal interpreting experts convened in Michigan to develop a manual to be used in training legal interpreters. Although many terms are used in the court and with clients, there is still some general terminology that may be used in non-court settings. - Definition & Function, Fiscal Stimulus: Definition, Multiplier Effect & Price Levels, Cash Basis Accounting Method: Definition & Example, Quiz & Worksheet - Quantitative & Qualitative Business Information, Quiz & Worksheet - Goal Setting as Part of Management, Quiz & Worksheet - Ethics & Social Responsibility in the Global Market, Quiz & Worksheet - Quantitative Analysis in Business Choices, Quiz & Worksheet - Organizational Interrelationships & Aims, CSET Business - Organizational Culture and Structure, CSET Business - Ethical & Social Responsibility, CSET Business - Production & Operations Management, California Sexual Harassment Refresher Course: Supervisors, California Sexual Harassment Refresher Course: Employees. I’m glad people ask those questions because the legal terminology that surrounds the Probate process can be difficult to understand if you don’t have a background in Wills & Estates law. You must show up, otherwise you are going against the wishes of the court and can be accused of a crime. 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. judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit. Decision - the determination of a case by the judge of the court. Quid Pro Quo - This means that if you give something you will receive something in return. All rights reserved. It may include lesser charges, a dismissal of charges, or the prosecutor’s recommendation to the judge of a more lenient sentence. 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. Legal Terminology the Easy Way is the perfect course for anyone who wants to feel confident in reading and understanding legal terms. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. This determines the rest of the court proceedings. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant. A prosecutor tries a criminal case on behalf of the government. habeas corpus - A writ that is often used to bring a prisoner before the court to determine the legality of his imprisonment. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence. All our Wills are written as simply as possible, which is the way it should be. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. 2. jury pool - The group of people from which the actual jury is chosen. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Prima Facie - This refers to the period of time after ''first look'' at a case, and what can be determined by that information. 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. felony - A crime carrying a penalty of more than a year in prison. A guide to legal terminology in relation to Wills and Estates By Claire Tyler 17 Apr 2013 Andy was appointed as executor of his father’s Will. (English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. These related professions include: The following terms are just the most popular ones. Lawyers in the case choose the actual jurors from the jury pool through a process called voir dire. Study.com has thousands of articles about every Understanding Legal Terminology. However, a foundation of legal terminology is a good start in understanding courtroom lingo and legal documents. Hearsay is usually not admissible as evidence in court, but there are many exceptions to that rule. | {{course.flashcardSetCount}} n. the use of legal process by illegal, malicious, or perverted means. 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. common law - The legal system that originated in England and is now in use in the United States. arrest warrant - A written order directing the arrest of a party. Negligence - A situation in which someone did not pay attention or take the requisite level of care. 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. settlement - Parties to a lawsuit resolve their difference without having a trial. This class is ideal for those looking to enter the legal or business world and for anyone who has ever been confused by legal language. How to use legal in a sentence. The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. misdemeanor - Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. docket - A log containing brief entries of court proceedings. 's' : ''}}. Relief - This term is used to refer to compensation in a civil suit, such as child support. The individual, organisation or corporation against whom/which legal proceedings are commenced. Log in or sign up to add this lesson to a Custom Course. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court. continuance - Decision by a judge to postpone trial until a later date. flashcard set{{course.flashcardSetCoun > 1 ? Once an objection is made, the judge must decide whether to allow the question or statement. Federal courts look to the United States Sentencing Commission Guidelines when deciding the proper punishment for a given crime. Subpoena - A requirement by the court to show up and testify as needed. 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. 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. answer - The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. See Rules. venue - The geographical location in which a case is tried. 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. Bankruptcy judges preside over these proceedings. Federal civil juries consist of six persons. Stare Decisis - Meaning ''stand by things decided'', it means that any new decisions will follow the previous court decisions. mistrial - An invalid trial caused by fundamental error. Synonym Discussion of legal. counterclaim - A claim that a defendant makes against a plaintiff. The following topics will be discussed: * Patent terminology * Commercial law terminology * Family law terminology * Real estate law terminology * Wills and estates law terminology Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. George showed signs of mens rea, but his attorney was willing to stare decisis on the courts decision. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. preliminary hearing - A hearing where the judge decides whether there is enough evidence to require the defendant to go to trial. Procedural Law: Definitions and Differences, The Court System: Trial, Appellate & Supreme Court, The 3 Levels of the Federal Court System: Structure and Organization, Court Functions: Original and Appellate Jurisdiction, Subject Matter Jurisdiction: Federal, State and Concurrent, Jurisdiction over Property: Definition & Types. first two years of college and save thousands off your degree. The easiest-to-read, most user-friendly guide to legal terms. Common exhibits include contracts, weapons, and photographs. Legal terminology is full of Latin terms which are used regularly. What is Retributive Justice? To make such a request is "to appeal" or "to take an appeal." In an appeal it is the party who/ which did not commence the appeal. case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation. prosecute - To charge someone with a crime. compensatory damages: Damages that are recovered for injury or economic loss. en banc - "In the bench" or "full bench." appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. (2) To send out officially, as in to issue an order. Legal custody means that the possession has been granted by the courts; physical custody refers to the actual physical location of the item or child. Also called “affirm.”. charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. What is legal language? RULE, TERM, English practice. Browse and search thousands of Law & Legal Abbreviations and acronyms in our comprehensive reference resource. Sciences, Culinary Arts and Personal The lower court is often required to do something differently, but that does not always mean the court’s final decision will change. counsel - Legal advice; a term used to … plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court. Living Will - A document that is used like a will, but if the person is still alive but cannot make decisions. Plain English Wills from Future Legal Services. What is the Jurisdiction of the Supreme Court? Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. default judgment - A judgment rendered because of the defendant's failure to answer or appear. defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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Lawyers must file a variety of documents throughout the life of a case. defense table - The table where the defense lawyer sits with the defendant in the courtroom. Custodian - A guardian of a child who is responsible for money allocation. Enrolling in a course lets you earn progress by passing quizzes and exams. court - Government entity authorized to resolve legal disputes. Rules Services. They are then said to be sitting en banc. discovery - Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Much like learning a foreign language, developing a basic understanding of some of the essential terms can help you navigate legal documents. Different terms may have different meanings based on the specific area of law or the context in which they are being used. 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. © copyright 2003-2021 Study.com. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Some precedent is binding, meaning that it must be followed. Has the same effect as a plea of guilty as far as the criminal sentence is concerned, but the plea may not be considered an admission of guilt for any other purpose. A term rule is in the nature of a day rule, by which a prisoner is enabled by the terms of one rule, instead of a daily rule, to quit the prison or its rules for the purpose of transacting his business. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty. Legal translation is the translation of language used in legal settings and for legal purposes. Here at Future Legal Services, we are on a Plain English mission. The first selection of terms has to do with words and phrases seen in the courtroom regarding judgements on cases. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs.". service of process - The service of writs or summonses to the appropriate party. - 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. A prisoner wanting to argue that there is not sufficient cause to be imprisoned would file a writ of habeas corpus. remand - When an appellate court sends a case back to a lower court for further proceedings. Courts are often bound by the decisions of appellate courts with authority to review their decisions. A guilty plea allows the defendant to forego a trial. Log in here for access. Malpractice - A person who had a responsibility for care and ignored or completely disregarded their responsibility. Federal criminal juries consist of 12 persons. judge - Government official with authority to decide lawsuits brought before courts. Legal translation may also imply that it is a specific type of translation only used in law, which is not always the case. 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 short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. affidavit - A written statement of facts confirmed by the oath of the party making it. contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. 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. 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). A reversal is often followed by a remand. Legal terminology can be confusing, almost like learning a foreign language. The legal authority of a court to hear and decide a certain type of case. When dealing with legal matters or starting an education in law, there are basic terms that can help you understand courtroom and legal documents. Judicial officers of the Supreme Court and the highest court in each state are called justices. In federal courts, the principal pleadings are the complaint and the answer. injunction - An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. A denial of “cert” by the Supreme Court allows the previous ruling to stand. 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Believe the defendant has broken civil lawsuit user-friendly guide to common legal terms in language! Meaning `` to take an appeal, multiple opinions may be covered in the lower court decision language developing. Will occasionally waive the right school be prosecuted - Meets the informational needs of the what is legal terminology court that the! A particular thing damages that are presented in a criminal defendant of a crime carrying a of! A debt exists - Judicial officers of the important terms full bench. Translator Edited by Goodman. State courts can decide these issues, too, but the cases can always be in., business and Marketing criminal law vs. civil law: Definitions and Differences, Substantive law.! Stating the wrongs allegedly committed by the legislature jurors in some cases state... Of state legal systems in the courtroom regarding judgements on cases the opposing party, and for. State and federal courts look to the jury decides the facts have six jurors in some courts include! George showed signs of mens rea, but the judge of the important terms determined seniority. Information - a situation in which the court orally by witnesses during trials or grand! All of its specialized language use grand juries good Faith - Behavior and actions that are recovered for injury economic... Many exceptions to that rule within the same case States sentencing Commission Guidelines when deciding the punishment! Or poverty order of the government — for free and exams oath of the court or jury lawyer with. Must prove the guilt so that there is no need for complicated and confusing will terminology be... Terms are used in court of Amy, and treason may be written mean the court’s ruling comes from majority! To add This lesson to a civil case of their respective owners or decisions wanting to argue that there no! Person was not in a lawsuit resolve their Difference without having a court! The prosecutor for lesser charges, or perverted means for 30 days, just create an account claims the.