Glossary of Legal Terms

Welcome to the glossary of legal terms by AceLawyers. This article provides a comprehensive list of common legal terms and their definitions to help you better understand the legal system. Whether you are new to the legal world or just looking to brush up on your legal vocabulary, this glossary is an essential resource. By selecting a letter from the list below, you can more easily access the terms listed in alphabetical order:

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

Acquittal
A conviction that a criminal defendant has not been proven guilty beyond a reasonable doubt.

Affidavit
A written or printed statement made under oath

Affirmed
When an appeals court rules that the decree or order is lawful and will stand as it was decided by the lower court.

Alford plea
A defendant who enters an Alford plea might maintain his innocence while still allowing the court to sentence him without a trial. In essence, the defendant is acknowledging that there is enough proof of guilt to convict. Such a plea is frequently entered in an effort to reach an agreement with the prosecutor for reduced charges or a sentence.

Allegation
A claim that something occurred.

Answer
A defendant’s formal written response to a civil lawsuit in which they present their defenses.

Appeal
A request made following a trial asking a different court (often the court of appeals) to determine whether the trial was properly conducted. Such a request is referred to as “taking an appeal” or “appealing.” The party appealing is referred to as the appellant, and it might be either the plaintiff or the defendant. Appeals may be filed for a number of reasons, such as an incorrect procedure or a request that the court revises its legal analysis.

Appellate
A court that has the authority to review the decision of another lower court or tribunal.

Arraignment
An accused criminal is brought before the court, informed of the allegations, and given the opportunity to enter a plea of guilty or not guilty.

Arbitration
A method of resolving disputes outside of court, where a neutral third party makes a decision

Arrest warrant
A formal order directing the arrest of a party is known as an arrest warrant. A judge will issue an arrest warrant following the presentation of reasonable cause.

B

Bail
Money or property given to the court to ensure that a defendant will appear for trial

Bankruptcy
The legal process by which a person or organization is relieved of their financial obligations

Bench trial
A trial without a jury, where the judge decides the case

Beyond a reasonable doubt
The standard of proof required to convict a defendant in a criminal trial

Binding precedent
Acourt decision that must be followed by lower courts in the same jurisdiction

Breach of contract
A failure to fulfill a contractual obligation

Brief
A written argument submitted to a court in support of a particular legal position

Burden of proof
The obligation to prove a disputed fact in court

Burglary
The crime of breaking into a building with the intent to commit a crime

Bystander
A person who is present at an event but is not directly involved in it

C

Capital offense
A crime that is punishable by death.

Case law
The law that is created by the decisions of judges in court cases.

Civil law
Law that deals with disputes between individuals or organizations

Chambers
A private room where a judge can work, hold conferences with lawyers, or make decisions on cases.

Charge
An accusation of a crime.

Charge to the jury
A judge’s instructions to the jury before they begin deliberating in a case.

Circumstantial evidence
Evidence that suggests something happened, but does not directly prove it.

Clerk of court
The person in charge of managing the records and administration of a court.

Common law
A type of law that is based on legal traditions and customs, rather than on written laws.

Complaint
A written statement that begins a lawsuit

Continuance
The postponement of a court hearing or trial to a later date.

Contract
An agreement between two or more parties that is enforceable by law.

Consent
Voluntary agreement to an act or proposal

Contempt of court
Behavior that interferes with a court’s ability to conduct a fair and impartial trial

Conviction
A formal judgment of guilt against a person who has been found guilty of a crime. Counsel is another term for a lawyer.

Corporations
A legal entity created by individuals, stockholders, or shareholders to conduct business

Counterclaim
A claim that is made in response to another claim in a legal case.

Court
A government body that is authorized to resolve legal disputes, including criminal and civil cases.

Court reporter
A person who records everything that is said in a court proceeding, either by writing it down or by using a machine that creates a written record.

Criminal law
Law that deals with crimes and their punishments

Cross-examination
The questioning of a witness by the party that did not call the witness to testify

D

Damages
The sums of money awarded to successful plaintiffs in civil cases by the defendants as compensation for their injuries.

Debt
Money that is owed by one person or entity to another.

Default Judgment
Is when a decision is entered as a result of the defendant’s absence or refusal to answer.

Defense table
The bench where the defendant and defense attorney are seated in court.

Defendant
The person who is being sued in a civil lawsuit; in a criminal case, the person who is being charged with the crime.

Deposition
The testimony of a witness given under oath, typically outside of a courtroom.

Direct evidence
Is the lawyers’ review of the facts and records in the opponents’ possession prior to trial to assist the lawyers in trial preparation.

Discovery
In order to better prepare for trial, attorneys examine facts and documents held by their opponents prior to trial. This process is known as discovery.

Dismissal
The act of ending a legal case, either by a judge or at the request of one of the parties.

Docket
A journal with brief entries of court cases.

E

En banc
A hearing or decision in which all the judges of a court participate, as opposed to a smaller panel of judges.

Estate
The total property and possessions owned by a person, either during their lifetime or after their death.

Evidence
Any material, such as documents, photographs, or witness statements, that is presented in a court of law to support a claim or argument.

Execution
The act of carrying out a judgment or decision of a court, such as by seizing property or evicting a tenant.

Exclusive jurisdiction
The power of a court to hear and decide a case to the exclusion of all other courts.

Exculpatory evidence
Evidence that tends to clear a person of blame or guilt.

Exhibit
A piece of evidence or object produced in court for the purpose of being inspected by the judges or jurors.

Extradition
The process of surrendering a person who has fled from one jurisdiction to another, in order to face criminal charges or serve a sentence.

en banc, exculpatory evidence, exhibit ????????

F

Fair trial
A trial in which a person’s rights are protected and they are given a fair and impartial hearing.

False imprisonment
The unlawful detention of a person against their will.

Federal question
A matter that arises under the Constitution, laws, or treaties of the United States. Federal courts have jurisdiction (the power to hear and decide a case) over cases that involve a federal question.

Felony
A serious crime, typically punishable by imprisonment for more than one year or by death.

File
To submit a document or other material to a court, typically as part of a legal proceeding. For example, a person might file a complaint or a motion with the court.

First-degree murder
The most serious type of murder, typically involving premeditation or planning.

Fraud
The crime of using deception to obtain money, property, or other benefits illegally.

Full faith and credit
The legal requirement for states to recognize and enforce each other’s laws and court decisions.

G

Garnishment
A legal process in which a person’s wages or other property are seized to satisfy a debt or judgment.

General jurisdiction
The authority of a court to hear any type of case, as opposed to a court with limited jurisdiction that can only hear specific types of cases.

Good faith
The belief that a person is acting honestly and without intending to deceive or defraud.

Grand jury
A group of citizens who are selected and sworn to investigate potential criminal offenses and determine whether there is probable cause to bring criminal charges.

H

Habeas corpus
A legal action that is used to bring a person who is being detained before a court to determine the legality of their detention.

Harassment
The act of repeatedly making unwanted and annoying or threatening advances or comments towards another person.

Homicide
The killing of one person by another, whether intentional or accidental.

Hostile witness
A witness who is unwilling to cooperate or who provides testimony that is unfavorable to the party that called them to testify.

Hearsay
A term that is used in the law of evidence to refer to statements that are made by a person who is not present in court and are offered as evidence to prove the truth of the matter asserted. Hearsay evidence is generally not admissible in court because the person who made the statement is not available to be cross-examined and the reliability of the statement cannot be adequately determined.

I

Impeachment
The process of bringing formal charges against a public official, such as a president or a judge, for misconduct in office.

Inculpatory evidence
Evidence that tends to prove that a person is guilty of a crime.

In forma pauperis
A legal term that refers to a person who is unable to pay the costs of a legal proceeding and is therefore allowed to bring their case before the court without paying the usual fees.

Indictment
A formal accusation that is brought against a person by a grand jury, charging them with a crime.

Information
A formal accusation that is brought against a person by the prosecutor, charging them with a crime. In some jurisdictions, an information is the equivalent of an indictment, while in others it is used for less serious offenses.

Injunction
A court order that requires a person to do or refrain from doing a specific action.

Initial hearing
A court hearing that is held early in a legal proceeding, typically to set a schedule for the case and to discuss any preliminary matters.

Insanity defense
A legal defense in which a defendant argues that they should not be held responsible for a crime because they were mentally ill at the time the crime was committed.

Inter vivos trust
A trust that is created during a person’s lifetime, as opposed to a testamentary trust that is created through a will.

Interlocutory injunction
A court order that is issued during the course of a legal proceeding and that requires a person to do or refrain from doing a specific action.

Interrogatories
Written questions that are submitted by one party in a legal proceeding to the other party, with the aim of obtaining information or evidence.

Interview
A meeting in which one or more people ask questions of another person to obtain information. In a legal context, an interview might be conducted as part of an investigation or as part of the discovery process in a legal case.

Issue
A point that is in dispute in a legal case and that must be decided by the court. For example, the issue in a criminal case might be whether the defendant is guilty of the crime charged.

J

Judge
A person who is authorized to preside over and make decisions in a court of law. A judge must be impartial and unbiased and is responsible for ensuring that the proceedings in a case are conducted in accordance with the law.

Judgment
A decision that is made by a court in a legal case. A judgment typically includes the court’s findings of fact and conclusions of law, as well as the court’s orders or directives.

Jurisdiction
The authority of a court to hear and decide a particular case. A court must have jurisdiction over the subject matter of the case, as well as over the parties to the case, in order to make a valid judgment.

Jurisprudence
The study of law and the principles and practices of the legal system.

Juror
A person who is selected to serve on a jury. Jurors are responsible for hearing the evidence in a case and rendering a verdict based on the evidence and the law.

Jury
A group of people who are selected and sworn to hear the evidence in a legal case and to render a verdict based on the evidence and the law.

Jury instructions
The instructions that are given to a jury by the judge, explaining the law that applies to the case and outlining the steps that the jury should follow in reaching a verdict.

Jury pool
The group of people who are eligible to serve on a jury in a particular case. The jury pool is typically selected from a larger group, such as the list of registered voters or licensed drivers in the area where the court is located.

Just cause
A valid reason or justification for taking a particular action, such as firing an employee or imposing a punishment.

L

Lawsuit
A legal action brought by one party against another in a court of law.

Law clerk (or staff attorney)
Alaw graduate who works as an assistant to a judge or lawyer, researching legal issues and drafting legal documents.

Larceny
The crime of taking another person’s property without their consent and with the intent to permanently deprive them of the property.

Legal tender
Money that is accepted by law as a means of payment.

Libel
The crime of publishing false and defamatory statements about another person, with the intent to harm their reputation or to expose them to public ridicule.

Librarian
A person who works in a library and is responsible for organizing, cataloging, and maintaining the library’s collections of books and other materials.

Lien
A legal claim or charge on a person’s property to secure the payment of a debt or obligation.

Limitation of actions
The time period within which a legal action must be brought, as specified by law.

Litigation
The process of taking legal action, especially the process of conducting a lawsuit.

M

Magistrate judges
Judicial officers of the United States federal courts. They are appointed by the district court judges in their respective districts and serve under the supervision of the district court. They have the authority to preside over certain types of cases, such as misdemeanors, preliminary hearings, and other minor criminal and civil matters.

Mediation
A form of alternative dispute resolution in which a neutral third party helps the parties to a dispute to reach a mutually agreed-upon settlement

Misrepresentation
A false statement of fact made by one party to another party, which has the effect of inducing that party into the contract

Misdemeanor
A type of criminal offense that is less serious than a felony and is punishable by a fine or imprisonment for no more than one year. Examples of misdemeanors include petty theft, simple assault, and some traffic offenses.

Mistrial
A trial that has been declared void or invalid because of some error or irregularity that occurred during the proceedings. This can happen if, for example, there is a problem with the selection of the jury, if a key witness becomes unavailable, or if there is some other issue that prevents the trial from being conducted in a fair and impartial manner. A mistrial typically results in the case being retried at a later date.

Mitigating circumstances
Factors that may reduce the severity of a crime or penalty

Moot
A legal term that refers to a situation where a court case is no longer relevant or applicable, usually because the issue in question has been resolved or has become irrelevant.

Motion
A request made to a court or other decision-making body to obtain a ruling or order on a particular matter.

N

Negligence
Failure to take reasonable care, resulting in harm to another party.

Negotiated rulemaking
A process in which a neutral facilitator helps a group of stakeholders reach a consensus on a proposed rule or regulation.

Nominal damages
A small amount of money awarded to a party who has suffered a technical injury, but no actual damages.

Non-disclosure agreement (NDA)
A contract in which one or more parties agree to keep certain information confidential.

Non-profit
An organization that is established for charitable, educational, religious, or other public-benefit purposes, and is exempt from paying certain taxes.

Notary public
A public official who verifies the identity of individuals signing documents administers oaths and performs other related duties.

Notice
A formal notification, such as a summons or an announcement of a legal proceeding.

Nuisance
A situation that unreasonably interferes with the use or enjoyment of another person’s property.

Nunc pro tunc
A court order that retroactively changes the effective date of a previous order.

Nuptial agreement
A contract between two people who are planning to marry, setting forth their rights and obligations with respect to their property and other assets.

Nolo contendere (also known as a “no contest” plea)
A plea that a defendant can enter in a criminal case in which they do not admit guilt but do not contest the charges against them. This plea has the same legal effect as a guilty plea, and the defendant will be sentenced as if they had pleaded guilty. The main advantage of a nolo contendere plea is that it cannot be used against the defendant in a civil lawsuit based on the same facts.

O

Oath
A solemn promise to tell the truth, or to fulfill a promise or obligation.

Objection
A statement made by a party in a legal proceeding expressing disagreement with something said or done by the other party or by the court.

Obstruction of justice
A crime that involves interfering with the administration of the law, such as tampering with evidence or attempting to influence a witness.

Offer
A proposal to enter into an agreement.

Opinion
A written explanation by a judge or court of the reasoning behind a decision.

Oral argument
A hearing in which the parties in a case present their arguments to the court and answer questions from the judges. This is an opportunity for the parties to explain their positions and persuade the court to rule in their favor. The judges may also use the oral argument to clarify their understanding of the case and ask the parties for further information or clarification.

Ordinance
A local law or regulation.

Original jurisdiction
The authority of a court to hear a case for the first time, as opposed to an appellate court, which has the authority to review the decision of a lower court.

Out-of-court settlement
A resolution of a legal dispute that is reached through negotiation or mediation, rather than through a formal court process.

Overrule
To overturn or reject a previous ruling or decision.

Oyez
The traditional opening word of a judicial proceeding, used to call for attention or to warn persons to keep silent.

Overturn
To annul or invalidate a previous ruling or decision.

P

Panel
A group of people selected to serve on a jury.

Pardon
The forgiveness of a crime and the cancellation of the relevant penalty.

Parties
The individuals or organizations involved in a legal proceeding.

Parole
The release of a prisoner before the end of their sentence, on the condition that they will adhere to certain rules.

Perjury
The crime of lying or making a false statement while under oath.

Personal jurisdiction
The authority of a court to hear a case involving a specific person or entity.

Petition
A formal request to a court to take some action.

Petit jury (or trial jury)
A group of people who are selected to hear the evidence in a case and render a verdict.

Plaintiff
The party who brings a lawsuit against another party.

Plea
A defendant’s response to a criminal charge, such as guilty or not guilty.

Plea bargain
An agreement between the prosecution and the defense in which the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.

Pleadings
The formal written statements that are filed with the court to initiate and respond to a lawsuit.

Precedent
A previous legal decision that is used as an example or analogy in deciding similar cases.

Procedure
The rules and steps that are followed in a legal proceeding.

Preliminary hearing
A hearing at which a judge determines whether there is enough evidence to proceed with a trial.

Presumption of innocence
The principle is that a defendant in a criminal case is considered innocent until proven guilty.

Pretrial conference
A meeting between the parties and their attorneys, held before the trial, to discuss the case and try to reach a settlement.

Probable cause
A reasonable belief that a person has committed a crime, based on factual evidence.

Probable cause affidavit
A written statement by a law enforcement officer that provides facts and evidence supporting the officer’s belief that a crime has been committed.

Probation
A sentence that allows a convicted offender to serve their punishment in the community instead of in jail, under the supervision of a probation officer.

Probation officer
A law enforcement officer who supervises individuals who are on probation.

Pro se
Representing oneself in court without the assistance of a lawyer.

Prosecute
To bring criminal charges against a person.

Public defender
A lawyer who is appointed by the court to represent individuals who cannot afford to hire a lawyer.

Q

Quash
To nullify or invalidate a previous ruling or decision.

Quasi-contract
An obligation that is created by law, rather than by an agreement between the parties, in order to prevent one party from being unjustly enriched at the expense of the other.

Quid pro quo
A situation in which one party agrees to do something for another party in exchange for something else.

Quiet title
A legal action to establish ownership of real property and remove any doubts or challenges to that ownership.

Quo warranto
A legal action to challenge a person’s right to hold a public office or to exercise a franchise.

Quorum
The minimum number of members of a group that must be present in order to conduct official business.

Quitclaim deed
A legal document by which a person gives up any claim they have to a piece of property, but does not guarantee that they actually have any ownership interest in the property.

Quo warranto
A legal action to challenge a person’s right to hold a public office or to exercise a franchise.

Quorum
The minimum number of members of a group that must be present in order to conduct official business.

Quitclaim deed
A legal document by which a person gives up any claim they have to a piece of property, but does not guarantee that they actually have any ownership interest in the property.

R

Real property
Land and anything permanently attached to it, such as buildings and other structures.

Reasonableness
The quality of being fair, sensible, and practical.

Rebut
To contradict or oppose something with evidence or arguments.

Record
The written transcript or minutes of a legal proceeding.

Recuse
To disqualify oneself from participating in a case, typically because of a conflict of interest.

Redress
Compensation or remediation for a wrong or injury.

Referee
A person appointed by a court to hear evidence and make a recommendation in a case.

Rehearing
A new hearing of a case that has already been decided, typically at the request of one of the parties.

Release
A legal document by which a person gives up a right or claim, such as the right to sue for damages.

Remand
To send a case back to a lower court for further proceedings.

Reporter
A person who is responsible for accurately recording and publishing the proceedings of a legal case, such as a court reporter or a journalist.

Reverse
To overturn or set aside a previous ruling or decision. In the context of an appellate court, this means to overturn the decision of a lower court and issue a new decision in its place. In the context of a trial court, this means to nullify or invalidate a previous ruling.

S

Search warrant
A court order that authorizes law enforcement to search a specific location for evidence of a crime.

Secured transaction
A transaction in which a creditor has a right to take possession of a specific asset, such as a car or a house, if the borrower defaults on the loan.

Self-defense
The use of force to protect oneself from physical harm, provided that the force used is not excessive and is necessary to prevent the threatened harm.

Sentence
The punishment that is imposed on a person who has been convicted of a crime.

Service of process
The delivery of legal documents, such as a summons or a complaint, to the party being sued, in accordance with the rules of civil procedure.

Sequester
To separate or isolate a group of people, such as a jury, in order to prevent them from being influenced by outside factors.

Settlement
A resolution of a legal dispute, either through negotiation or mediation or through a formal court process.

Sidebar
A private conversation between the judge and the attorneys in a case, out of the hearing of the parties and the public.

Simple contract
A contract that is not required to be in writing or to be signed by the parties in order to be enforceable.

Statement
A formal written or oral declaration, such as a witness’s testimony or a party’s position in a legal proceeding.

Statute
A written law that is enacted by a legislature.

Statute of limitations
The maximum time period after an event within which legal proceedings can be initiated.

Subpoena
A court order requiring a person to appear in court or to produce certain documents or other evidence.

Subpoena duces tecum
A court order requiring a person to produce certain documents or other tangible evidence in court.

Summary judgment
A judgment entered by a court without a full trial, based on the evidence presented by the parties and the applicable law. This is appropriate when there is no genuine dispute as to the facts of the case or the legal issues involved.

T

Temporary restraining order
A court order that is issued on a temporary basis, typically to prevent a person from taking some action that would cause irreparable harm to another party. This type of order is often issued without notice to the other party, and is intended to last until a full hearing on the matter can be held.

Testify
To give oral evidence under oath in a legal proceeding.

Testimony
A sworn statement given by a witness in a legal proceeding.

Tort
A wrongful act that causes harm to another party.

Transcript
A written record of a legal proceeding, such as a trial or an appeal, that includes all the statements made by the witnesses and the attorneys, as well as the decisions and rulings of the court.

Trial
A judicial examination of the facts and circumstances of a case, in order to determine the legal rights and obligations of the parties.

Trial by jury
A trial in which the facts of the case are determined by a jury, rather than by a judge.

Trial court
The court in which a trial takes place.

Trial de novo
A new trial in which all the issues of the case are re-examined as if the previous trial had not taken place.

Truth in lending
A federal law that requires lenders to disclose the terms and conditions of a loan, including the interest rate, fees, and other costs, in a clear and concise manner.

Trustee
A person who is appointed to manage the property of another person, such as a trust, for the benefit of a third party.

Trespass
An unlawful entry onto another person’s property without their permission.

U

Unconscionable
So unfair or unreasonable as to be morally unacceptable.

Under oath
Having made a sworn statement, typically in a legal proceeding, that the statements being made are true.

Unfair competition
A business practice that is considered to be dishonest or deceptive, and that gives an unfair advantage to the person or company engaging in the practice.

Unjust enrichment
A situation in which one party is improperly enriched at the expense of another party.

Unlawful detainer
A legal action to recover possession of real property from a tenant who has failed to pay rent or has otherwise breached the terms of the lease.

Unliquidated damages
Damages that are uncertain or have not yet been determined.

Unsecured debt
A debt that is not backed by collateral, such as a credit card debt or a medical bill.

Unsound mind
A condition in which a person is unable to understand the nature and consequences of their actions, and therefore cannot be held legally responsible for their actions.

Unsworn statement
A statement that is given without taking an oath or making a sworn declaration.

Uphold
To maintain or support the validity or effectiveness of a law, decision, or ruling.

Usury
The practice of charging an excessive or illegal rate of interest on a loan.

U.S. Attorney (or federal prosecutor)
A lawyer who represents the United States in criminal and civil cases, and who is appointed by the President and confirmed by the Senate.

U.S. Marshal (or bailiff)
An officer of the court who is responsible for maintaining order in the courtroom, serving legal documents, transporting prisoners, and providing security for the judges and other court officials.

V

Venue
The geographic area in which a court has jurisdiction to hear a particular case.

Verdict
A decision or finding by a jury or a judge on the issues of fact in a case.

Victim advocate
A person who provides support, assistance, and advocacy to victims of crime, and who may also work with law enforcement and the courts to ensure that the rights of victims are protected.

Void
Of no legal effect or binding force.

Voidable
Capable of being declared void, but not necessarily void at the present time.

Voluntary dismissal
A decision by a plaintiff in a lawsuit to discontinue the case, either by dismissing the complaint or by failing to pursue the case.

Voir dire
A preliminary examination of a prospective juror, in which the attorneys and the judge question the juror to determine their suitability to serve on the jury.

Voluntary appearance
The act of a defendant in a criminal case appearing in court without being arrested or summoned by the court. This is considered to be an admission of the jurisdiction of the court.

W

Warrant
A written order issued by a court, authorizing a law enforcement officer to take some specified action, such as making an arrest or conducting a search.

Will
A legal document in which a person specifies how their property and assets should be distributed after their death.

Withdraw
To take back or withdraw a legal pleading or motion that has been filed with the court.

Witness
A person who has personal knowledge of the facts of a case and who testifies to those facts in a legal proceeding.

Witness stand
The raised platform or enclosure in a courtroom where witnesses give their testimony.

Writ
A formal written order issued by a court, commanding the recipient to do or refrain from doing a specific act.

Wrongful death
A death that is caused by the wrongful or negligent act of another person or entity.

Writ of certiorari
A writ issued by an appellate court directing a lower court to transmit the record of a case for review.

Writ of habeas corpus
A writ issued by a court that requires a person who is being detained to be brought before the court and to be given an opportunity to challenge the legality of their detention.

Writ of mandamus
A writ issued by a court ordering a government official or entity to perform a particular act that is required by law.

Last updated 16-02-2022