Legal Glossary
Acquittal
A judgment that a criminal defendant is not guilty of the crime with which they have been charged.
Admissible
Evidence that may be presented before a court of law.
Affidavit
A written statement confirmed by oath or affirmation, for use as evidence in court.
Alimony
A court-ordered allowance that one spouse pays to the other for maintenance and support after a divorce or legal separation.
Amnesty
A pardon extended by the government to a group or class of persons, usually for a political offense.
Annulment
A legal procedure that declares a marriage null and void, as if it never existed.
Appeal
A request made to a higher court to review a decision made by a lower court.
Appellant
The party who files an appeal of a court's decision.
Appellee
The party against whom an appeal is taken.
Arbitration
A form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts.
Arraignment
The first court appearance for a person accused of a crime, where they are informed of the charges and enter a plea.
Arson
The criminal act of deliberately setting fire to property.
Assault
An act that creates an apprehension in another of an imminent, harmful, or offensive contact.
Attorney
A person appointed to act for another in business or legal matters; a lawyer.
Bail
A sum of money paid to a court to secure the temporary release of an accused person, on the condition that they will appear in court later.
Bailiff
A court officer responsible for maintaining order in the courtroom and custody of the jury.
Bankruptcy
A legal process for people or businesses that cannot repay their outstanding debts.
Battery
The unlawful physical contact with another person without their consent.
Bench Trial
A trial by judge, as opposed to a trial by jury.
Beneficiary
A person who derives advantage from something, especially a trust, will, or life insurance policy.
Bond
A written agreement to pay a sum of money if certain conditions are not met.
Breach of Contract
Violation of a contractual obligation by failing to perform one's own promise.
Brief
A written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
Burden of Proof
The obligation in a legal case to prove one's assertion. In criminal cases, the prosecution has the burden to prove guilt "beyond a reasonable doubt."
Capital Offense
A crime that is punishable by the death penalty.
Case Law
Law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations.
Cause of Action
A set of facts sufficient to justify a legal right to sue.
Certiorari
A writ or order by which a higher court reviews a decision of a lower court.
Civil Law
The branch of law dealing with disputes between individuals or organizations, rather than criminal offenses.
Class Action
A lawsuit in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group.
Codicil
A supplement or addition to a will.
Collateral
Property or other assets that a borrower offers a lender to secure a loan.
Common Law
The body of law derived from judicial decisions of courts and similar tribunals, rather than from statutes.
Complaint
The first document filed with a court by a person or entity claiming legal rights against another party.
Contempt of Court
Any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court.
Contract
A legally binding agreement between two or more parties.
Conviction
A formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge.
Copyright
The exclusive legal right to reproduce, publish, sell, or distribute a literary, musical, or artistic work.
Counsel
A lawyer or group of lawyers giving legal advice and representing clients in court.
Counterclaim
A claim made by a defendant against a plaintiff in a lawsuit.
Court
A tribunal presided over by a judge, judges, or a magistrate in civil and criminal cases.
Creditor
A person or company to whom money is owed.
Criminal Law
The body of law that relates to crime and the punishment of those who commit crimes.
Cross-Examination
The questioning of a witness by the opposing party in a trial.
Damages
An award, typically of money, to be paid to a person as compensation for loss or injury.
Debtor
A person or institution that owes a sum of money.
Decree
An official order issued by a legal authority.
Defamation
The action of damaging the good reputation of someone through false statements.
Default
Failure to respond to a lawsuit within the specified time.
Defendant
An individual, company, or institution sued or accused in a court of law.
Deposition
The out-of-court oral testimony of a witness that is reduced to a written transcript for later use in court or for discovery purposes.
Discovery
The pre-trial process in a lawsuit through which each party can obtain evidence from the other party or parties.
Dismissal
A court order ending a case without a final determination on the merits.
Divorce
The legal dissolution of a marriage by a court.
Double Jeopardy
A procedural defense that prevents an accused person from being tried again on the same (or similar) charges following a valid acquittal or conviction.
Due Process
Fair treatment through the normal judicial system, especially as a citizen's entitlement.
Easement
A right to cross or otherwise use someone else's land for a specified purpose.
Emancipation
The process by which a minor becomes legally recognized as an adult.
Eminent Domain
The right of a government or its agent to expropriate private property for public use, with payment of compensation.
Equity
A branch of law that developed alongside common law to remedy its limitations and provide fairness.
Escrow
A legal arrangement in which a third party temporarily holds money or property until a particular condition has been met.
Estate
All the money and property owned by a particular person, especially at death.
Eviction Notice
A legal notice from a landlord to a tenant requiring them to move out, usually due to lease violations.
Evidence
Information or objects presented in court to prove or disprove facts in a case.
Ex Parte
A proceeding brought before a court by one party without notice to, and in the absence of, the other party.
Executor
A person appointed by a testator to carry out the terms of their will.
Exhibit
A document or object shown to the court as evidence in a trial.
Expert Witness
A witness who has specialized knowledge or expertise in a particular field relevant to the case.
Extradition
The action of handing over a person accused or convicted of a crime to the jurisdiction of another state or country.
Felony
A serious crime, typically one involving violence, regarded as more severe than a misdemeanor, and usually punishable by imprisonment for more than one year.
Fiduciary
A person or organization that acts on behalf of another person or persons, putting their clients' interests ahead of their own, with a duty to preserve good faith and trust.
Foreclosure
The legal process by which a lender takes control of a property when the borrower fails to make mortgage payments.
Fraud
Wrongful or criminal deception intended to result in financial or personal gain.
Garnishment
A legal process that allows a creditor to collect money owed by taking it directly from the debtor's wages or bank account.
Grand Jury
A jury, typically of twenty-three jurors, selected to examine the validity of an accusation before trial.
Guardian
A person who has the legal authority to care for the personal and property interests of another person.
Guilty
Responsible for a specified wrongdoing or crime; the verdict when a defendant is found to have committed the crime.
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Harassment
Aggressive pressure or intimidation; unwanted conduct that violates a person's dignity.
Hearsay
A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. It is generally not admissible as evidence.
Heir
A person legally entitled to the property or rank of another on that person's death.
Homicide
The killing of one person by another, which may be lawful or unlawful.
Hung Jury
A jury that cannot agree on a verdict after extended deliberation, resulting in a mistrial.
Immunity
Exemption from legal prosecution or penalty.
Indictment
A formal charge or accusation of a serious crime, typically issued by a grand jury.
Injunction
A court order requiring a person to do or cease doing a specific action.
Intellectual Property
Intangible property that is the result of creativity, such as patents, copyrights, and trademarks.
Interrogatories
Written questions sent from one party to another during the discovery phase of a lawsuit.
Intestate
Dying without having made a valid will.
Joint Tenancy
A type of property ownership where two or more people own equal shares with the right of survivorship.
Judge
A public official appointed or elected to decide cases in a court of law.
Judgment
The final decision of a court resolving the dispute and determining the rights and obligations of the parties.
Jurisdiction
The official power to make legal decisions and judgments.
Jury
A body of people sworn to give a verdict in a legal case on the basis of evidence submitted.
Jury Trial
A trial in which the verdict is determined by a jury rather than a judge.
Landlord
A person who rents land, a building, or an apartment to a tenant.
Larceny
Theft of personal property.
Lease
A contract by which one party conveys property to another for a specified time, usually in return for periodic payment.
Liability
The state of being responsible for something, especially by law.
Libel
A published false statement that damages a person's reputation.
Lien
A right to keep possession of property belonging to another person until a debt owed by that person is discharged.
Litigation
The process of taking legal action; a lawsuit.
Malpractice
Improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official.
Manslaughter
The crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.
Mediation
A form of alternative dispute resolution where a neutral third party helps the disputing parties reach a voluntary settlement.
Minor
A person under the age of full legal responsibility.
Miranda Rights
The rights that must be read to a person upon arrest, including the right to remain silent and the right to an attorney.
Misdemeanor
A minor wrongdoing; a non-indictable offense, regarded as less serious than a felony.
Mistrial
A trial rendered invalid through an error in the proceedings.
Mortgage
A loan secured by real property, where the borrower gives the lender a lien on the property as collateral.
Motion
A formal request made to a judge for an order or judgment.
Murder
The unlawful premeditated killing of one human being by another.
Negligence
Failure to use reasonable care, resulting in damage or injury to another.
No Contest
A plea in which a defendant does not admit guilt but accepts punishment; also known as "nolo contendere."
Not Guilty
A verdict indicating that the defendant has not been proven to have committed the crime beyond a reasonable doubt.
Notary Public
A person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents.
Oath
A solemn promise, often invoking a divine witness, regarding one's future action or behavior.
Objection
A formal protest raised during a trial to challenge the validity of evidence or testimony.
Ordinance
A law or regulation enacted by a municipal authority.
Parole
The release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.
Patent
A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
Perjury
The offense of willfully telling an untruth in a court after having taken an oath.
Plaintiff
A person who brings a case against another in a court of law.
Plea
A defendant's formal response to a criminal charge (guilty, not guilty, or no contest).
Plea Bargain
An arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence.
Power of Attorney
A legal document giving one person the authority to act for another in legal or financial matters.
Precedent
A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
Preliminary Hearing
A hearing to determine whether there is enough evidence to require a trial.
Preponderance of Evidence
The standard of proof in civil cases; evidence that shows it is more likely than not that the claim is true.
Pro Bono
Denoting work undertaken without charge, especially legal work for a client with a low income.
Pro Se
Representing oneself in a court proceeding without the assistance of a lawyer.
Probable Cause
Reasonable grounds for believing that a crime has been or is being committed.
Probate
The official proving of a will. The legal process of administering the estate of a deceased person.
Probation
The release of an offender from detention, subject to a period of good behavior under supervision.
Prosecutor
A lawyer who conducts the case against a defendant in a criminal court.
Quitclaim Deed
A legal instrument that transfers interest in real property without warranties of title.
Real Estate
Property consisting of land and buildings, along with its natural resources.
Reasonable Doubt
The standard of proof required in criminal cases; doubt that would cause a reasonable person to hesitate before convicting.
Restitution
The restoration of something lost or stolen to its proper owner, or recompense for injury or loss.
Restraining Order
A court order prohibiting someone from certain actions, especially from approaching or contacting a specified person.
Search and Seizure
The process by which police or other authorities search a person's property and confiscate evidence.
Sentence
The punishment assigned to a defendant found guilty by a court.
Settlement
An official agreement intended to resolve a dispute or conflict.
Slander
The action or crime of making a false spoken statement damaging to a person's reputation.
Statute
A written law passed by a legislative body.
Statute of Limitations
A law which sets the maximum time after an event within which legal proceedings may be initiated.
Stipulation
An agreement between opposing parties on a matter related to the proceedings.
Subpoena
A writ ordering a person to attend a court.
Summary Judgment
A court decision made without a full trial, when there is no dispute as to the material facts.
Summons
A document that notifies a defendant that they are being sued and must appear in court.
Surety
A person who takes responsibility for another's debt or obligation.
Tenant
A person who occupies land or property rented from a landlord.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Theft
The act of stealing; the wrongful taking and carrying away of personal property with intent to deprive the rightful owner.
Title
Legal ownership of property, or the document evidencing such ownership.
Tort
A wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Trademark
A symbol, word, or words legally registered or established by use as representing a company or product.
Trespass
Entry to another person's land or property without permission.
Trial
A formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a criminal case or liability in a civil case.
Trust
A legal relationship in which one person (the trustee) holds property for the benefit of another (the beneficiary).
Unanimous
Fully in agreement; often refers to a jury verdict where all jurors agree.
Venue
The county or district in which a court case is heard.
Verdict
A formal finding of fact made by a jury on matters or questions submitted to the jury by a judge.
Voir Dire
The process of questioning prospective jurors to determine their suitability for jury service.
Waiver
The voluntary relinquishment of a known right.
Ward
A person, especially a minor, who is under the care and control of a guardian.
Warrant
A document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
Will
A legal document declaring a person's wishes regarding the disposal of their property after death.
Witness
A person who sees an event, typically a crime or accident, take place.
Writ
A form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.
Zoning
The process of dividing land into zones for different uses (residential, commercial, industrial, etc.).