Legal terms or terminology are important concepts that are essential to the practice of law. Lawyers, judges, and other legal professionals use these terms frequently when interpreting laws, drafting legal documents, and making legal arguments. Here are some of the most commonly used legal terms and their definitions:
- Jurisdiction: Refers to the authority of a court to hear and decide a case. Jurisdiction can be either geographic or subject matter. Geographic jurisdiction refers to the geographic area over which a court has authority, while subject matter jurisdiction refers to the type of case a court is authorized to hear.
- Plaintiff: The person who brings a legal action against another party. In a civil lawsuit, the plaintiff is the person who is seeking to recover damages or some other form of relief.
- Defendant: The person against whom a legal action is brought. In a civil lawsuit, the defendant is the person who is being sued.
- Complaint: A legal document that sets forth the plaintiff’s allegations and claims against the defendant. The complaint initiates a lawsuit.
- Summons: A legal document that informs the defendant that a lawsuit has been filed against them and that they must appear in court to answer the complaint.
- Discovery: The process by which parties in a lawsuit obtain information from each other. Discovery can include depositions, interrogatories, requests for production of documents, and requests for admission.
- Deposition: A legal proceeding in which a witness is questioned under oath by an attorney. The questions and answers are recorded and can be used as evidence at trial.
- Interrogatories: Written questions submitted to a party in a lawsuit. The party must answer the questions under oath and in writing.
- Motion: A formal request made to a court asking for a specific ruling or action. Motions can be made by either party in a lawsuit.
- Brief: A written legal argument submitted to a court by an attorney. Briefs are used to persuade the court to rule in favor of the party making the argument.
- Judgment: The final decision of a court in a case. A judgment can be entered in favor of either the plaintiff or the defendant.
- Damages: Money that is awarded to a plaintiff in a civil lawsuit as compensation for their injuries or losses.
- Statute: A written law passed by a legislative body. Statutes can be federal, state, or local.
- Common law: Law that is based on judicial decisions rather than statutes or other written laws. Common law is a type of law that has developed over time through the decisions of judges.
- Precedent: A legal decision or principle that serves as a guide for future cases. Precedents are based on previous court decisions.
- Appellate court: A court that reviews the decisions of lower courts. Appellate courts do not hold trials or hear testimony.
- Trial court: A court that holds trials and hears testimony. Trial courts are responsible for deciding the facts of a case and applying the law to those facts.
- Verdict: The decision of a jury in a trial. A verdict can be either guilty or not guilty in a criminal case, or liable or not liable in a civil case.
- Habeas corpus: A legal action that allows a person who is being held in custody to challenge the legality of their detention.
- Writ: A court order directing a person or entity to do something or refrain from doing something.
In conclusion, legal terms and terminology are an essential part of the practice of law. Understanding these terms is important for lawyers, judges, and other legal professionals, as well as for anyone who is involved in a legal matter.