Legal terminology can seem confusing and sometimes frustrating when you first encounter it. From receiving notice of a deposition, being told your case will be decided by a bench trial, to being told you need to list your assets, legal terms can seem complicated.
Maybe you have been notified of an injunction, your counsel is saying that you have a cause of action, or you are being asked to sign an affidavit. Whether you are reading a contract or handling a lawsuit, understanding some basic legal terminology can assist you in navigating legal matters with confidence.
Read Common Legal Terminology Part One Here
To make your lawsuit process smoother, we have compiled a list of common legal terms you might encounter and their definitions, making legal documents more approachable.
Admissible: This is used to describe any evidence that may be considered by a jury or judge in civil and criminal cases. This could include a broad range of things: pictures, emails, contracts, documents, etc.
Affidavit: A written or printed statement made under oath. Affidavits are used for a wide variety of purposes. If you are going to acquire a lawyer, you may sign one to transfer legal rights to a power of attorney. You may have to sign an affidavit of residency to prove you live in a certain state to request insurance coverage. A financial affidavit is used to show financial status which can be used for several reasons like applying for a loan, child support, or before investing into a company.
Alternate juror: A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
Alternative dispute resolution: A procedure for settling a dispute outside of the courtroom. Most forms are not binding and involve referral of the case to a neutral party, such as an arbitrator or mediator.
Answer: The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Assets: Property of all kinds, including real and personal, tangible and intangible. This includes things like real estate, cash, jewelry, investments, vehicles, etc.
Bench trial: A trial without a jury, in which the judge serves as the factfinder.
Brief: A written statement submitted in a trial proceeding that explains one side’s legal and factual arguments.
Burden of proof: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of providing his or her case.
Case file: A complete collection of every document filed in court in a case.
Case law: The law as established in previous court decisions. A synonym for legal precedent.
Cause of action: A legal claim. An injured party may have a cause of action against the one who injured them.
Complaint (or Petition): A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Counsel: Legal advice; a term also used to refer to the lawyers in a case.
Damages: Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.
Defendant: In a civil case, the person or organization against whom the plaintiff sues.
Deposition: 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.
Discovery: Procedures used to obtain disclosure of evidence before trial. These are one of the ways that the facts of the case are gathered.
Exculpatory evidence: Evidence indicating that a defendant did not commit the crime.
Hearsay: 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.
Injunction: 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.
Interrogatories: A form of discovery consisting of written questions to be answered in writing and under oath. This is one of the ways that the facts of a case can be gathered.
Jurisdiction: The legal authority of a court to hear and decide a case.
Jury: The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Motion: A request by a litigation to a judge for a decision on an issue relating to the case.
Plaintiff: A person or business that files a formal complaint with the court.
Settlement: 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.
Venue: 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.
Verdict: 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.
Witness: A person called upon by either side in a lawsuit to give testimony before the court or jury.
Understanding legal terminology is essential to navigate legal documents and common legal issues. By becoming familiar with these terms, you will be able to better understand contracts and communicate well in any of your legal issues. While this list provides a strong foundation and a good starting place, laws can vary, so it is critical to consult with a legal professional for any specific issues you may have.
Written by:
Lily Shrode
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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