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Essential Legal Terms and Concepts Guide

This document provides definitions and explanations of basic legal terms, concepts, resources, sources of law, preliminary documents, court structure, jurisdiction, courtroom roles and etiquette, criminal law, civil law, administrative law, the initial client interview process, and interviewing witnesses. It serves as an introductory guide to understanding the US legal system, common legal terminology, and the steps involved in pursuing a legal case.
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0% found this document useful (0 votes)
89 views12 pages

Essential Legal Terms and Concepts Guide

This document provides definitions and explanations of basic legal terms, concepts, resources, sources of law, preliminary documents, court structure, jurisdiction, courtroom roles and etiquette, criminal law, civil law, administrative law, the initial client interview process, and interviewing witnesses. It serves as an introductory guide to understanding the US legal system, common legal terminology, and the steps involved in pursuing a legal case.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

BOOK 1

1.Basic Legal Terms


attorney – a person, typically a lawyer, appointed to act for another person in
business or legal matters.
civil – occurring between citizens, involving citizen’s private rights.
complaint – an accusation in a civil court.
court – a place where justice is administered.
defendant – a person who has been accused of wrongdoing.
judge – a person who decides cases in a law court.
jury – a group of people sworn to give a verdict.
legal system – the methods of interpreting laws and putting them into effect.
paralegal – a person with legal training, who may assist the attorney.
plaintiff – a person who accuses another person of a wrongdoing.
verdict – a legal conclusion.

2.Basic Legal Concepts


appeal – an application to a higher court for a decision to be reversed.
damages – compensation by a court.
dispute – disagreement, argument, conflict.
due process –a citizen’s guarantee that he or she will receive a fair trial.
lawsuit – a legal action/case before a court.
legal action – a process to have a court of law to settle an argument.
proof – evidence or argument proving a fact or a truth.
settle – to reach an agreement.
trial – an event in court which a jury or judge decides if someone is innocent
or guilty.
3.Legal Resources
case annotations – articles about individual cases, printed in law journals.
cite – to refer to something, to mention something.
computerized database – a collection of texts and information which is
available on a computer.
digest – a compilation or summary of individual cases that have similar topics.
form book – a tool used by attorneys that show how documents should be
worded or formatted.
law journal – a scholarly or academic publication presenting commentary
about legal issues.
legal encyclopedia – a book which gives brief information about a wide range
of legal matters.
legal resources – the materials used for legal research (divided in two broad
categories: primary materials and secondary materials).
primary materials – texts which give information about the government’s law;
materials that discuss, explain, interpret and analyze what the law is or what it
should be, including treatises, law reviews, encyclopedias, ALR annotations,
restatements, legal newspapers.
reference – to mention or to refer to.

4.Sources of Law
legislation – set of laws, formally decided and put in force by a government.
pertain – be related, connected, appropriate.
policy – a principle which the law encourages.
statute – a formally written law.
(+court rules, precedent, procedure, relevant constitutional law, state law)
5.Preliminary Documents
agenda – a list of things that need to be done in a certain order.
correspondence – a close similarity, connection, or equivalence/letters and
emails.
demand package – a request for a set of documents related to a case.
fee agreement – a contract which defines a client's agreement to pay specific
fees for the services.
form letter – a letter printed many times and sent to many different people.
intake memo – initial summary/questionnaire of a potential client’s case.
litigation – the process of taking legal action.
pre-litigation – any activity that happens with a case before you file a lawsuit.
retainer agreement – a contract between a lawyer and a client for retention
and payment of services.
(+medical records, police report)

6.Court Structure
bankruptcy – the state of being bankrupt/a legal status of a person or other
entity that cannot repay debts to creditors.
claim – formally request or demand.
Court of Appeals – the court that reviews all decisions in the lower courts that
people object to.
discretionary review – the authority some courts have to decide which
appeals/cases they will consider from among the cases submitted to them.
District Court – a general court.
Specialized Court – for example: bankruptcy courts, tax courts, the court of
private land claims.
State Court – a court that decides disputes that pertain to state laws(rather
than federal laws).
Supreme Court – the highest court that operates under discretionary review.
7.Jurisdiction
adjudicate – make a formal judgement on a disputed matter/act as a judge.
authority –power/right to control people or organizations.
forum shopping – the act of choosing which court to take your case to.
jurisdiction – the official power to make legal decisions and judgements/the
authority of an official organization to deal with, hear & decide legal disputes.
personal jurisdiction – authority over a person.
territorial jurisdiction – authority over an area.
subject jurisdiction – authority over a particular subject.
exclusive jurisdiction – when only one court is able to
decide the issue.
concurrent jurisdiction – when more than one court is
able to decide the issue.
legal body – an organization with power to make or enforce laws.

8.In The Courtroom


bailiff – an officer in court who keeps order and enforces good behavior.
clerk of the court – a person who assists the judge with writing or
administration.
court reporter – the person who writes everything that is said in court.
defense – the side of a case that attempts to prove innocence.
juror – a member of a jury.
jury box – where the jury sits during a trial.
preside – to be in charge of a formal meeting or ceremony.
proceedings – a series of events that happen in a formal, controlled way.
prosecution – the side of a case that attempts to prove guilt.
9.Court Process
acquit – to decide officially that someone is not guilty of a crime.
arraignment – when a person is formally charged with an offence and has the
opportunity to plead guilty or not guilty.
charge – to accuse someone formally of a crime.
discovery – when a lawyer asks and examines information about a case from
the lawyer on the opposing side.
hung jury – a jury that cannot agree on whether someone is guilty or
innocent.
mistrial – a trial in which no decision is made or in which the trial is declared
invalid due to legal errors.
plea bargain – when a suspect is given the chance to stand trial for a lesser
offence if he pleads guilt.
pre-trial hearing – a meeting between the lawyers, the defendant, the
plaintiff and the judge before the trial, in which they attempt to come to an
agreement.
sentence – to formally decide what punishment they will get for their crime.
suppress – to prevent other people from seeing or using evidence.

10.Court Etiquette
bench – the name for the place where a judge sits in court.
off the record – not reported in public.
perjury – the crime of lying while giving evidence in court.
protocol – a system of rules about how to behave for formal occasions.
sworn in = under oath
well – the space in front of the judge in a courtroom.
11.Criminal Law
assault & battery – attacking, hurting another person.
capital punishment – punishing a person with death.
commit a crime – to destroy or break the law.
fine – a punishment in which someone must pay money.
jail – prison.
offend – to break the law.
probation – a period of time in which a criminal must behave well, otherwise
he will go to jail.
punish – to make someone suffer for their wrongdoing.
trespass – to go onto private land without permission from the owner.

12.Civil Law
compensation – an award to make up for a wrongdoing that affected you in
the past.
injunction – an official court order that stops a person or company from doing
something or forces them to do it.
liability – legal responsibility.
monetary – in the form of money(e.g. monetary damages).
negligence – failure to do the things that you have a duty to (or should) do.
probate – the act of dealing with a dead person’s property and will.
punitive damages – fees that must be paid in punishment for a wrongdoing.
sue – to take legal action against someone.
tort law – law which is involved in getting compensation for a civil wrongdoing
that caused loss or injury.

13.Administrative Law
accreditation – official authority to take a certain action.
bureaucracy – an administrative system ran by many offices, administrators
and petty officials. It normally involves large amounts of official paperwork.
compliance – when people obey an order or request.
disciplinary action – steps taken to punish a person or business that has not
correctly followed the rules.
government agency – an administrative department which is run by the
government.
jeopardize – put smn/smth into a situation in which there is a danger of loss,
harm, or failure / if something jeopardizes something else, it has a seriously
negative effect on it.
licence – a paper which gives permission for you to do or own something.
negotiate – to manage to come to an agreement over a difficult situation.
regulation – an official rule.
resolve – to find a solution to a problem.

14.Initial Client Interview


assertion – a statement of one’s beliefs.
belief – something that you think is, but may not really be, true.
documentation – paper that proves something is true or that something
happened.
elicit – to get (reaction, answer, information) from someone / to get the
information by talking to and questioning people.
factual – based of facts, not beliefs.
obtain – to get something.
recommend – to state that it should be done.
termination – the loss of employment against one’s will.
valid – based on truth; acceptable.
wrongful – illegal or incorrect.
15.Interviewing Witnesses
biased – showing unreasonable preferences that are based on personal
opinions.
credibility – being believable.
expert witness – a witness who can give a professional opinion on the facts of
the case.
eyewitness – a person who saw the accident which is under investigation.
friendly witness – a person who supports the client’s case.
hostile witness – a person who does not support the client’s case.
prejudiced – to show an unreasonable like/dislike for someone or something.
qualification – certification that someone has completed a course of study.

BOOK 2

1.Discovery Documents
discovery stage – the period before a trial when requests for documents,
interviews and legal actions are made.
interrogatory – questioning.
mental examination – an assessment of someone’s state of mind.
opposing – being in conflict with another person, team or army.
physical examination – an assessment of a person’s body for disease or injury.
privileged – (statement/conversation) confidential, unable to be revealed.
request for admissions – to ask a defendant to agree or deny certain facts
that pertain to a legal case.
request for production – the legal demand for the opposing party’s
information in a lawsuit.
settlement – an agreement between two legal parties that is reached through
negotiation, rather than by a court ruling.
subpoena – an order from the court for a witness to appear at a certain time
and place to bring all relevant documents.
2.Affidavits
affiant – a person who signs an affidavit and swears that the statements in it
are true.
affidavit – a written document in which the signer swears that the statements
are true before an authorized person, such as a notary public.
attest – to confirm that a legal document is genuine.
fact – any object or event that must be proved through evidence at a trial.
notary public – a person certified by his/her state to certify documents and
administer oaths.
perjury – the crime of lying after swearing to tell the truth before a notary
public or court official.
sworn statement – a spoken/written statement made under oath.
testimony – the spoken evidence given by a witness under oath at trial.

3.Legal Memorandums
analysis – the writer’s thoughtful assesment of the facts included in the
memo.
assignment – the section of a memo which explains what the document is
about.
citations – reference to other documents or cases in a memo.
conclusions – the final thoughts reached after consideration of the matters
discussed in a memo.
legal memorandum = memo – an essay dealing with a legal issue.
pertinent – the information related to the case at hand.
recommendations – suggestions about the next steps to be taken in a legal
memo.
statement of facts – the section of a memo which consolidates information
about a case in a clear, concise way.
4.Legal Documents
advocacy group – the group that works to unfold the rights of a particular
party or cause.
brief – a written legal document presented to a court to argue the case of one
party over another.
amicus brief – a type of brief which is filed by people who are not directly
part of a case, such as groups that have an interest in the outcome.
appellate brief – a type of brief which is filed after a trial has finished in an
attempt to appeal or overturn the decision of the court.
legal briefs – brief presented to the court prior to a trial starting with a
purpose of stating a party’s legal position.
merit brief – an unbiased description of a case based on evidence.
trial brief – a document containing a summary of a party’s case, including
its legal position and evidence, and is used by attorney’s during a trial.
commence – to begin.
dismiss – to throw the case out of court without further consideration.
unbiased – to be impartial and without prejudice.

5.Motions
dismissal – the act of ordering or allowing someone to leave.
harass – disturb, torment; offend.
motion – a request to the judge before a court.
motion for a new trial – a request made by a party, after a judgment is
is entered in a lawsuit, that the judge order a new trial.
motion for change of venue – a motion that ensures that a case is heard
in the best location.
motion for protective order – a motion that refers to a party’s request
that the court protect it from potentially abusive action by other party.
motion for summary judgment – a request for the court to rule that the
other party has no case, because there are no facts at issue.
motion to compel – a motion that asks the court to order either the
opposing party or a third party to take some action, usually dealing
with discovery disputes.
motion to dismiss – a formal request for a court to dismiss a case.
motion to strike – a motion requesting to remove a witness’s testimony of
the opposing party.
movant – the defendant who is making the motion.
nonmovant – the plaintiff who will oppose the motion.
ruling – the court’s or a judge’s decision on a motion or trial.

6.Intentional Torts
civil litigation – any legal case that is not a criminal proceeding in which a
plaintiff seeks to be compensated.
damages – compensation by a court.
defamation – the act of making untrue and damaging statements about
another person or party.
deliberate – carefully considered and intentionally carried out.
harm to person – pain pr injury to a person’s body.
harm to property – damage to someone’s property.
injury – accidental or intentional harm to a person’s body.
intent – intention or purpose.
misconduct – doing something wrong on purpose.
tort – any wrongful act, whether intentional or accidental, where injury occurs
to another person or party.
tort action – a civil lawsuit that seeks remedy for a wrongful act.

7.Negligent Torts
actual cause – the event directly responsible for another event or injury.
breach of duty – the failure to carry out a legal or contractual obligation.
compensation – money given to someone as reparation for a service or injury.
duty – moral or legal obligation; responsibility.
duty of care – obligation to ensure the safety or well-being of others.
harm – physical injury.
liability – legal responsibility.
negligent tort – injuries caused by another party’s failure to maintain a
reasonable person standard.
proximate cause – the immediate reason for something that results in harm
to another person.
prudence – using caution and good judgment.
“reasonable person” standard – the standard of care that a reasonable
person would observe under given circumstances.

8.Nuisance
allegation – a formal accusation against someone.
alternative – the opportunity to choose between two or more options.
entitlement – the fact of having a right to something.
excessive noise – loudness that is beyond an accepted volume and
bothersome.
injunctive relief = injunction – an official court order that stops a person or
company from doing something or forces them to do it.
interfere – prevent something from continuing or being carried out properly.
nuisance – anything that prevents private or public reasonable enjoyment of
property or place.
private – something that is set aside for use by certain individuals based on:
place of residence, fees paid, etc.
property – land or items owned by a person or group.
restitution – a solution to a problem that is accepted by all parties.
settlement request – a request that asks for the resolution of a dispute or law
suit.
small claims court – a special court intended to handle small matters or debts
quickly.

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