Legal Glossary

AFFIDAVIT
A written statement made under oath.
ALIMONY
The money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage.
AMICUS CURIAE
Latin for "friend of the court." Refers to a party that is allowed to provide information without being involved in the case.
ANNULMENT
A legal decree that states that a marriage was never valid.
APPEAL
A request to a supervisory court to overturn the legal ruling of a lower court. ARRAIGNMENT
The initial appearance before a judge in a criminal case.
BAIL
The money a defendant pays as a guarantee that he or she will show up in court at a later date.
BANKRUPTCY
A process to help when people cannot pay their debts.
BENCH TRIAL
A trial held before a judge and without a jury.
BEYOND A REASONABLE DOUBT
Proof required to win a case.
BINDER
An outline of the basic terms of a proposed sales contract.
BOND
A document with which one party promises to pay another within a specified amount of time.
BURDEN OF PROOF
The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case.
BY-LAWS
A corporation's rules and regulations.
BYPASS TRUST
Allows each member of a couple to use the $600,000 estate tax exemption.
CAPITAL GAIN
The profit made from the sale of a capital asset.
CASE LAW
Ccreated by judges when deciding individual cases.
CAVEAT EMPTOR
Latin for "buyer beware." Generally applies to all sales between individuals.
CHAPTER 7 BANKRUPTCY
A person's assets are liquidated and the proceeds are distributed to the creditors.
CHAPTER 13 BANKRUPTCY
A person keeps his assets and pays creditors according to an approved plan. CIRCUMSTANTIAL EVIDENCE
Indirect evidence that implies something occurred but doesn't directly prove it.
CLASS ACTION SUIT
A lawsuit in which one or more parties file a complaint on behalf of themselves.
CODICIL
A supplement to a will.
COHABITATION AGREEMENT
Addresses financial issues and how property will be divided.
COLLECTIVE BARGAINING AGREEMENT
The contract that spells out the terms of employment between a labor union and an employer.
COMMON-LAW MARRIAGE
In some states, a couple is considered married if they meet certain requirements. COMMUNITY PROPERTY
Property acquired by a couple during their marriage.
COMPENSATORY DAMAGES
Money awarded to reimburse actual costs.
CONSERVATOR
Person appointed to manage the finances of another.
CONTEMPT OF COURT
An action that interferes with a judge's ability to administer justice.
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.
DEFAMATION
The publication of a statement that injures a person's reputation.
DEFENDANT
The person accused of the crime.
DEPOSITION
Part of the pre-trial discovery process in which a witness testifies under oath.
DIRECT EVIDENCE
Evidence that stands on its own.
DIRECTED VERDICT
A judge's order to a jury to return a specified verdict.
DOUBLE JEOPARDY
Being tried twice for the same offense.
DUE PROCESS
The idea that laws and legal proceedings must be fair.
EMANCIPATION
When a minor has achieved independence.
EN BANC
French for "by the full court." When all the members of an appellate court hear an argument.
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.
FELONY
Serious crime punishable by incarceration for a year or more.
FIDUCIARY DUTY
An obligation to act in the best interest of another party.
FORECLOSURE
When a borrower cannot repay a loan and the lender seeks to sell the property.
GARNISHMENT
A court-ordere 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.
GREEN CARD
An immigrant visa.
GROSS NEGLIGENCE
Failure to use even the slightest amount of care.
HABEAS CORPUS
Latin phrase meaning "you have the body." A judicial mandate to a prison official ordering that an inmate be brought to the court.
HOLOGRAPHIC WILL
An unwitnessed handwritten will.
HUNG JURY
A jury that is unable to reach a verdict.
IMMUNITY
Exemption from a legal duty, penalty or prosecution.
IN CAMERA
Latin for "in chambers." Refers to a hearing that takes places in a judge's chambers.
INDICTMENT
A formal accusation of a felony.
INTESTATE
To die without a will.
JUDGMENT
A court's official decision.
JUDGMENT NON OBSTANTE VEREDICTO
A decision by a trial judge to rule in favor of a losing party even though the jury's verdict was in favor of the other side.
JURISDICTION
A court's authority to rule determined by geographic location and type of case.
JURY CHARGE
The judge's instructions to the jurors on the law that applies in a case.
JUST CAUSE
A legitimate reason.
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.
MANDATORY SENTENCE
A criminal sentence set by a legislature that establishes the minimum length of prison time.
MEDIATION
A neutral third party helps resolve a dispute.
MIRANDA WARNING
The statement recited to individuals taken into police custody.
MISDEMEANOR
Crime that is punishable by less than one year in jail.
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.
NONIMMIGRANT VISA
Visa granted to a foreigner who does not intend to stay in the U.S. permanently.
NOTARY PUBLIC
A person authorized to witness the signing of documents.
NOTICE OF APPEAL
The document a person must file with the trial court in order to pursue an appeal.
PARENS PATRIAE
Latin for "parent of his country." Used when the government acts on behalf of a child or mentally ill person.
PAROLE
A system for the supervised release of prisoners before their terms are over.
PARTITION
A court action to divide property.
PATENT
A document issued to an inventor by the United States Patent and Trademark Office.
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.
PETTY OFFENSES
Minor crimes, such as traffic violations.
PLAINTIFF
The person who initiates a lawsuit.
PLEA BARGAIN
A negotiated agreement between the defense and the prosecution.
POWER OF ATTORNEY
The authority to act legally for someone else.
PRECEDENT
A previously decided case that is considered binding.
PREPONDERANCE OF THE EVIDENCE
The level of proof required to prevail in most civil cases.
PRIMA FACIE
Latin for "at first view." Refers to the minimum amount of evidence a plaintiff must have.
PRIVILEGED COMMUNICATION
Conversation that takes places between an attorney and client.
PRO SE
Latin phrase that means "for himself." A person who represents himself in court.
PROBABLE CAUSE
A reasonable belief that a person has committed a crime.
PROBATE
The legal process in which a court oversees the distribution of property left in a will.
PROBATION
The release of a defendant who has been found guilty of a crime.
PROMISSORY NOTE
A written document in which a borrower agrees to pay back money according.
PROSECUTOR
The government lawyer who investigates and tries criminal cases.
QUASH
To nullify.
QUID PRO QUO
Latin phrase that means something for something.
REASONABLE DOUBT
The level of certainty a juror must have to find a defendant guilty of a crime.
REMAND
When an appellate court sends a case back to a lower court for further proceedings.
RES IPSA LOQUITUR
A Latin phrase, that means "the thing speaks for itself."
RETAINER
Refers to the up front payment a client gives a lawyer to accept a case.
SEPARATION AGREEMENT
In a marital breakup, a document that outlines the terms of the couple's separation.
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.
SLANDER
Defamatory oral statements or gestures.
STANDING
The legal right to initiate a lawsuit.
STARE DECISIS
Latin for "to stand by that which is decided." Refers to the principle of adhering to precedent when deciding a case.
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.
UNJUST TAKING
When the government acquires private property and fails to compensate an owner fairly.
VALID CLAIM
A grievance that can be resolved by legal action.
VERDICT
The formal decision issued by a jury.
VESTED RIGHT
An absolute right.
VOIR DIRE
A French phrase that means "to speak the truth." The process of interviewing prospective jurors.
WARRANT
An official order authorizing a specific act, such as an arrest or the search of someone's home.
WITNESS
Person who comes to court and swears under oath to give truthful evidence.
WRIT
A judicial order.