The language used in the legal field is changing as many lawyers adopt a plain English style, which helps reduce confusion among non-lawyers. However, there are still many terms and phrases that can baffle the general population. The United States legal system is rooted in the early European colonists. Due to this, the Latin terms used in the Common Law of Rome have been adapted to our legal system [1]. The legal system’s Latin roots contribute to the confusion surrounding its terminology, especially because Latin is now referred to as a dead language. This guide intends to provide definition, explanation, and clarification pertaining to common legal jargon.
Legal Terminology: General Terms
Legal terminology is the collection of words and phrases that have a precise or peculiar use in the legal field [2]. In the study of law, language is of the utmost importance; cases turn on the meaning that judges ascribe to words, and lawyers must use the right words to effectuate the wishes of their clients. The legal meanings of words constitute the common language of lawyers and judges, who rely on this language to communicate efficiently and effectively. While the following terms do not encompass all the terminology used in the legal field, they are some of the most common and cover the basics of general legal jargon.
- Admissible: a term used to describe evidence that may be considered by a jury or judge in civil and criminal cases
- Affidavit: a written or printed statement made under oath that is notarized or administered by an officer of the court
- Analogize: to take the facts, rationale or argument of a written decision and explain how the argument relates to the case/issue
- Arraignment: a proceeding in which an individual who is accused of committing a crime is brought into court, made aware of the charges and asked to plead guilty or not guilty
- Bench Trial: trial without a jury in which a judge decides the facts
- Binding Precedent: a prior decision by a court that must be followed without a compelling reason or significantly different facts/issues
- Brief: a written statement submitted by the lawyer for each side in a case that explains their legal and factual arguments
- Continuance: the decision by a judge to postpone a trial until a later date
- Counterclaim: a claim that a defendant makes against a plaintiff
- Cross-Examine: questioning of a witness by the attorney for the other side
- Deposition: an oral statement made before an officer authorized by law to administer oaths
- Commonly Used: to examine potential witnesses, to obtain discovery, or to be used later in trial
- Discovery: lawyers’ examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial
- Exhibit: physical evidence or documents that are presented in a court proceeding
- Exculpatory Evidence: evidence which tends to show the defendant’s innocence
- Hearsay: statements by a witness who did not see or hear the incident in question but learned about it through secondhand information such as another’s statement, a newspaper, or a document
- Impeachment: the process of calling something into question, as in “impeaching the testimony of a witness”
- Inculpatory Evidence: evidence which tends to show the defendant’s guilt
- Injunction: an order of the court prohibiting the performance of a specific act to prevent irreparable damage or injury
- Interrogatories: written questions asked to one party by an opposing party, who must answer them in writing under oath; interrogatories are a part of discovery in a lawsuit
- Motion in Limine: a pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced
- Objection: a protest by an attorney, challenging a statement or question made at trial; once an objection is made, the judge must decide whether to allow the question or statement
- Pro Se: a Latin term meaning “on one’s own behalf,” which in courts refers to persons who represent themselves
- Relief: the compensation or benefit that a party asks of another party, sometimes received through settlement and other times received through the courts
- Voir Dire: the process by which judges and lawyers select a petit jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court
- Writ: a written court order directing a person to take, or refrain from taking, a certain act
Legal Terminology: Civil Law
A civil case is a non-criminal lawsuit in which an individual, business, or government entity sues another to protect, enforce, or to be compensated for a violation of private rights. There are hundreds of varieties of civil cases, including lawsuits for breach of contract, probate, divorce, negligence, etc. [3]. This list is not comprehensive of all civil law terminology, however, it includes a majority of the terms that can cause confusion among the general population as well as seeks to provide clarification on the basics.
- Admissible Evidence: evidence that can legally and properly be used in court
- Alternative Dispute Resolution (ADR): methods of resolving disputes out of court, including mediation and arbitration
- Answer: a defendant’s response to a plaintiff’s initial court filing (called a complaint or petition), which usually denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff
- Cause of Action: a specific legal claim alleging that the defendant harmed the plaintiff; each cause of action is divided into parts, all of which must be proved to win a case
- Case Management Conference (CMC): a court hearing in which the judge sets deadlines and makes sure that a case is moving along
- Complaint: a written statement by the plaintiff setting out the facts and legal claims (causes of action) that begins a civil lawsuit
- Cross-Complaint: legal paperwork by a defendant starting their own lawsuit against the original plaintiff, a co-defendant, or someone that is not yet a party to the lawsuit
- Damages: money that the losing side must pay to the winning side to make up for the losses or injuries
- Types of Damages: compensatory, incidental, consequential, nominal, liquidated, and punitive
- Default Judgement: a court decision in favor of the plaintiff when the defendant does not answer or go to court when they are supposed to
- Exhibit: supporting documentation or material that is usually designated by capital letters or numbers
- General Denial: a response by a defendant where they deny all the allegations in a complaint instead of responding to each paragraph in the complaint
- Liability: legal responsibility for an act or failure to act
- Malpractice: failure by a professional—such as a lawyer, doctor, dentist, or accountant—to use the type of care they reasonably should
- Motion: a written application filed by a party asking the judge to make a court order while a case is going on or after it finished
- Negligence: when someone fails to be as careful as the law requires to protect the rights and property of others
- Personal Injury: an injury to a person’s body, mind, or emotions
- Pleadings: written statements, in proper legal language and format, filed with the court that describes a party’s legal or factual claims about the case and what the party wants from the court
- Remedy: the solution requested in the plaintiff’s lawsuit from the defendant
- Response: a written pleading filed by a defendant to respond to a complaint; the most common type of response is an answer
- Settlement: parties to a lawsuit resolve their difference without having a trial
- Summons: a notice to a defendant or respondent that an action against them was filed and that a judgment will be entered against them if they do not answer the complaint or petition in the time allowed
- Tort: an injury to one person for which the person who caused the injury is legally responsible; it can be intentional or negligent
- Mass Tort: an act or omission that harms or injures numerous people
- Unlimited Civil Case: general civil case asking for money above $25,000
Legal Terminology: Case Law
Case law, or common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. It differs from one jurisdiction to another. The authority of a specific case in common law can be affected by factors such as how old the decision is and the similarity of the facts in the case [4]. While case law can be very confusing to non-lawyers, this list aims to provide an explanation of some of the most frequently used common law terminology.
- Appeal: a request made after a trial that asks another court to decide whether the trial was conducted properly
- Appellant: the one who brings the appeal of the lower court decision
- Appellee: the one against whom the appeal is brought (also called respondent)
- Burden of Proof: the duty to prove disputed facts
- Civil Cases: a plaintiff generally has the burden of proving his or her case
- Criminal Cases: the government has the burden of proving the defendant’s guilt
- Case: generally used in law to refer to the written decision of a court
- Case Law: the use of court decisions to determine how other law (such as statues) should apply in a given situation
- Common Law Tradition: the basis for the American legal system where courts create rules called common-law rules, which govern future cases in that particular area
- Defendant: a person sued in a civil proceeding or accused in a criminal proceeding
- Docket Number: courts assign each newly filed action with a number, which usually references the year the case was commenced followed by a series of numbers and letters that represent the type of action (civil, criminal, family court, etc.) or location of filing
- Judge: a public official appointed or elected to hear and decide legal matters in court
- Jurisdiction: the legal authority of a court to hear and decide a case
- Concurrent Jurisdiction: exists when two courts have simultaneous responsibility for the same case
- Litigation: the process of carrying on a lawsuit
- Litigator: a lawyer who prepares cases for trial by conducting discovery and pretrial motions, trying cases, and handling appeals (also known as a trial lawyer)
- Litigant: participants (plaintiffs and defendants) in a lawsuit
- Opinion: the written decision of a court
- Majority Opinion: an opinion joined in by more than half of the judges considering a given case
- Minority Opinion: an opinion by one or more judges who disagree with the decision reached by the majority
- Concurring Opinion: a judge who voted with the majority, but writes separately because their reasoning is different
- Dissenting Opinion: a judge who writes a separate opinion where the reasoning and holding are different from the majority
- Per Curiam Opinion: when the court issues a unanimous opinion, typically on a controversial topic so that no single author can be identified
- Petitioner: a party who presents a petition to a court or other official body, especially when seeking relief on appeal
- Plaintiff: the party who brings a civil suit in a court of law
- Precedent: a decided case that furnishes a basis for determining later cases involving similar facts or issues
- Preliminary Hearing: a hearing where the judge decides whether there is enough evidence to require the defendant to go to trial
- Respondent: the party against whom an appeal is taken (appellee), or the party against whom a motion or petition is filed
- Subpoena: a command to a witness to appear and give testimony
- Subpoena Duces Tecum: a command to a witness to produce documents
- Testimony: evidence presented orally by witnesses during trials
- Trial Courts: trial court opinions bind only the parties involved in the case, other trial courts hearing similar cases are not bound by the opinions, and the appellate courts in the jurisdiction are not bound by the trial court opinions
- Venue: the geographical location in which a case is tried
While the language used in the legal field is complicated to navigate at first, it gets easier with time and practice. This guide details general terminology, civil law terminology, and case law terminology, because they are prevalent in the field and lay the foundation for essential legal vocabulary. While these terms can be intimidating and perplexing, understanding them is crucial to eliminate uncertainty when confronting the legal field. Knowing common legal terminology will not only help you avoid potential confusion but also allow you to approach conversations pertaining to law with confidence.
The definitions in this guide were pulled from The United States Courts’ “Glossary of Legal Terms”, Northern Illinois University’s “Legal Dictionaries,” The United States Department of Justice’s “Legal Terms Glossary,” and the California Courts’ “Glossary of Civil Terms.”
Written by:
Sarah McFarland
Law Clerk
GUERRA LLP
875 East Ashby Place, Suite 1200
San Antonio, Texas 78212
Phone: (210) 447-0500
Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
GUERRA LLP
875 East Ashby Place, Suite 1200
San Antonio, Texas 78212
Phone: (210) 447-0500
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[1] https://reference.yourdictionary.com/how-roman-speech-created-terms-that-we-use-today-especially-in-the-legal-profession.html
[2] https://www.acs.edu.au/courses/legal-terminology-499.aspx
[3] https://www.courts.ca.gov/documents/GlossaryCivil.pdf
[4]https://www.law.cornell.edu/wex/case_law#:~:text=Case%20law%20is%20law%20that,and%20regulations%20are%20written%20abstractly.
https://www.justice.gov/usao/justice-101/glossary
https://libguides.niu.edu/c.php?g=425200&p=4856514#s-lg-box-15250075
https://www.uscourts.gov/glossary
https://saylordotorg.github.io/text_legal-aspects-of-marketing-and-sales/s19-03-legal-remedies-damages.html
