Glossary of Commonly Used Legal Terms*
The law has a language all its own, often referred to as “legalese.” Good legal professionals will explain terms relevant to your case as you go along. Here are a few common terms that will help you navigate the legal process.
A written or printed statement made under oath.
Alternative dispute resolution (ADR)
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person’s appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
A trial without a jury, in which the judge serves as the fact-finder.
Burden of proof
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt.
A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).
A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
An individual (or business) against whom a lawsuit is filed.
In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.
Procedures used to obtain disclosure of evidence before trial.
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.
A serious crime, usually punishable by at least one year in prison.
A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
A form of discovery consisting of written questions to be answered in writing and under oath.
The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
An offense punishable by one year of imprisonment or less. See also felony.
A request by a litigant to a judge for a decision on an issue relating to the case.
A person or business that files a formal complaint with the court.
Written statements filed with the court that describe a party’s legal or factual assertions about the case.
Representing oneself. Serving as one’s own lawyer.
The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
The punishment ordered by a court for a defendant convicted of a crime.
Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault.
A law passed by a legislature.
Statute of limitations
The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
*See these and more definitions at uscourts.gov