There are many terms used in the field of law that may be unfamiliar to those who are not lawyers or legal professionals. Here is a list of some common legal terms:
- Affidavit: A written statement made under oath, typically used as evidence in court proceedings.
- Bail: Money or property that is posted as security to ensure that a criminal defendant will return for future court appearances.
- Civil law: A branch of law that deals with disputes between individuals or organizations, rather than criminal offenses.
- Criminal law: A branch of law that deals with offenses that are punishable by the state, such as theft or murder.
- Damages: Money that is awarded to a person as compensation for a loss or injury.
- Due process: The legal principle that requires the government to follow fair procedures when depriving a person of life, liberty, or property.
- Habeas corpus: A legal writ that requires a person who is being detained to be brought before a court to determine the legality of their detention.
- Liability: Legal responsibility or accountability for something, such as a debt or an injury.
- Negligence: Failure to exercise the level of care that a reasonable person would use in a similar situation, which can result in injury or damage to another person.
- Power of attorney: A legal document that allows one person (the “agent”) to act on behalf of another person (the “principal”) in legal or financial matters.
- Probate: The legal process of settling a deceased person’s estate, including distributing their assets and paying their debts.
- Subpoena: A court order requiring a person to appear in court or to provide testimony or evidence.
- Tort: A civil wrong committed by one person against another, resulting in injury or damage.
- Trial: A judicial examination and determination of the facts and issues in a case.
- Verdict: The decision reached by a jury or a judge in a court case.
- Warranty: A promise or guarantee, either express or implied, made in connection with the sale of goods or services.
- Will: A legal document that specifies how a person’s assets will be distributed after their death.
- Zoning: The regulation of the use of land and buildings in a particular area, typically by a local government.
- Administrative law: A branch of law that deals with the powers and procedures of administrative agencies, such as government agencies and boards.
- Appeal: A request for a higher court to review the decision of a lower court.
- Arbitration: A method of resolving disputes outside of the courts, in which a neutral third party (the arbitrator) hears both sides and makes a decision.
- Breach of contract: Failure to fulfill the terms of a contract.
- Contingency fee: A type of fee arrangement in which a lawyer is paid a percentage of the amount recovered in a case.
- Eminent domain: The power of the government to take private property for public use, with the payment of just compensation.
- Criminal defense: The representation of a person accused of a crime in the criminal justice system.
- Discovery: The process of gathering and exchanging information before a trial.
- Litigation: The process of resolving a legal dispute through the court system.
- Mediation: A form of alternative dispute resolution in which a neutral third party (the mediator) helps the parties reach a mutually acceptable resolution.
- Plea bargain: An agreement between the prosecution and the defense in which the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
- Precedent: A previous decision or ruling by a court that is used as a guide in deciding similar cases.
- Statute: A law enacted by a legislative body.
- Summons: A document that orders a person to appear in court.
- Testimony: Evidence or statements given by a witness in court.
- Waiver: The voluntary relinquishment of a right or claim.
- Civil rights: Civil rights are the legal rights and protections afforded to individuals by the government, such as the right to freedom of speech and the right to be free from discrimination. Civil rights laws ensure that all individuals are treated equally and have access to the same opportunities and protections under the law.
- Contract: A contract is a legally enforceable agreement between two or more parties. Contracts can be written or oral, and can involve a wide range of subjects, including the sale of goods, the exchange of services, and employment agreements. In order for a contract to be enforceable, it must contain certain elements, such as an offer, acceptance, and consideration (something of value given in exchange for the promise).
- Custody: Custody refers to the legal right to make decisions on behalf of a child, or to have physical possession of a child. In child custody cases, a court will determine which parent (or other person) should have custody of the child, based on the best interests of the child. Custody can be awarded on a sole or joint basis, and can include legal custody (decision-making authority) and physical custody (where the child lives).
- Deed: A deed is a legal document that transfers ownership of real property (land and buildings) from one person to another. Deeds typically include the names of the parties involved, a description of the property, and any conditions or restrictions on the transfer of ownership.
- Estate: An estate refers to a person’s assets and property, including real estate, personal property, and financial assets. Upon a person’s death, their estate is distributed to their heirs or beneficiaries according to the terms of their will or state laws of intestacy (if there is no will).
- Foreclosure: Foreclosure is a legal process in which a lender takes possession of a property after the borrower defaults on their mortgage payments. Foreclosure can be either judicial (where the lender goes to court to obtain a judgment) or non-judicial (where the lender follows a set of state-specific procedures).
- Lease: A lease is a legal agreement between a landlord and a tenant, in which the landlord allows the tenant to use a property in exchange for rent. Leases can be for a fixed term (such as one year) or month-to-month, and typically outline the rights and responsibilities of both parties.
- Lien: A lien is a legal claim against a property, which can be used to secure the payment of a debt or obligation. Liens can be placed on real estate, personal property, or other assets, and can be either voluntary (such as a mortgage) or involuntary (such as a tax lien).
- Negotiable instrument: A negotiable instrument is a document that represents a promise or order to pay a sum of money, such as a check or promissory note. Negotiable instruments are governed by a set of rules known as the Uniform Commercial Code, which sets out the rights and duties of the parties involved.
- Partnership: A partnership is a business relationship in which two or more individuals or organizations work together to carry on a business or enterprise. Partnerships can take many forms, such as general partnerships, limited partnerships, and limited liability partnerships, and can involve various levels of participation and liability for the partners.