Professional Documents
Culture Documents
Related words
action
NOUN
the process of bringing a case to a court of law. This kind of action is also called legal action
admit
VERB
LEGAL to allow evidence and documents to be used in court
advocacy
NOUN
LEGAL the act of pleading a case in court
appeal
NOUN
a formal request for a court of law or similar authority to change its decision
at first instance
PHRASE
LEGAL on the first occasion a legal case is heard in a court
bellwether case
NOUN
AMERICAN a legal case whose result will be used as a model for similar cases in the future
bellwether trial
NOUN
AMERICAN a trial of a legal case whose result will be used as a model for similar cases in the future
brief
NOUN
LEGAL a legal case that is given to a lawyer, usually a barrister, to prepare and then argue in court
case
NOUN
a legal matter that will be decided in a court
cause
NOUN
LEGAL a case in a law court
cause célèbre
NOUN
MAINLY JOURNALISM a legal case or political issue that a lot of people become interested in and argue about
charge bargaining
NOUN
a process by which someone accused of a crime negotiates with the prosecution in order to receive a lesser charge
class action
NOUN
a legal case organized by a group of people who all have the same problem
committal
NOUN
the process by which a court officially sends someone to prison or for a trial in a higher court
committal
NOUN
the process by which a court officially sends someone who is mentally ill to a hospital
committal procedure
NOUN
in some countries with common law, a short pre-trial hearing to decide whether there is enough evidence to try a serious crime
compensation culture
NOUN
BRITISHSHOWING DISAPPROVAL the tendency for people to try to get compensation for any loss, damage, or suffering caused by another person
court
NOUN
done by a court or relating to a court
court
NOUN
used for referring to the process of taking a legal action against someone
court-martial
NOUN
a trial in a military court
direction
NOUN
LEGAL information given by a judge to a jury about the legal matters of a case
disclosure
NOUN
LEGALMAINLY BRITISHthe process of making evidence and other documents available to the people involved in a legal case. Disclosure is also sometimes
called discovery (of documents).
dissent
NOUN
LEGAL an official statement in which a judge states that they disagree with the other judges in a legal case
docket
NOUN
LEGALAMERICAN a list of the cases that are waiting to be considered in a court of law
due process
NOUN
MAINLY AMERICAN the correct way of dealing with a legal trial or other legal matters, that makes sure that people’s rights are protected
hearing
NOUN
LEGAL a meeting of a court of law or official organization to find out the facts about something
incriminate
VERB
to show or make you think that someone is guilty of a crime
initiate
VERB
LEGAL to start a legal case or process
inquest
NOUN
an official attempt by a court to find the cause of someone’s death
interfere with
PHRASAL VERB
to persuade a witness to give false information in a court of law
interim
ADJECTIVE
relating to the period in a civil case between the official start of the case and its end. The adjective interlocutory is used more
LEGALMAINLY BRITISH
commonly in the US.
interlocutory
ADJECTIVE
OLD-FASHIONED relating to the period in a civil case between the official start of the case and its end. The adjective interim is usually used now.
judicial precedent
NOUN
the principle that a legal ruling by a senior judge must be followed in future cases, or an example of such a ruling
judicial restraint
NOUN
the principle that judges should base their court decisions on written laws and legal precedent, without considering their personal and political opinions
judicial review
NOUN
in England and Wales, a procedure in which the High Court examines an action or decision of a public body and decides whether it was legal
judicial review
NOUN
in the United States, the power of a court to decide that a law or official government act is not legal according to the US Constitution
justiciability
NOUN
the fact of being able to be subject to a court hearing
lawsuit
NOUN
a case that a court of law is asked to decide involving a disagreement between two people or organizations
leapfrog appeal
NOUN
in England and Wales, a legal appeal that goes directly from the High Court to the Supreme Court missing out the Court of Appeal
legal action
NOUN
the process of going to court to have something decided officially by law
legal aid
NOUN
a system in which the government pays for people to get advice about the law or to be represented in court when they do not have enough money for
this
litigation
NOUN
use of the legal system to settle a disagreement
mistrial
NOUN
a trial that was not done correctly and has to be started again
mistrial
NOUN
AMERICAN a trial in which a verdict cannot be reached
open-and-shut case
NOUN
a court case that is simple and likely to be decided quickly
originating process
NOUN
the formal process by which a legal case is started
paternity suit
NOUN
a legal case brought by a woman against a man in order to establish that he is the father of her child and
therefore responsible for providing financial support
plea bargaining
NOUN
a process by which someone accused of a crime negotiates with the prosecution in order to receive a lesser punishment. This could
be charge bargaining or sentence bargaining.
practice
NOUN
LEGAL the established methods for dealing with cases in court
pre-action protocol
NOUN
in England and Wales, actions that a court usually expects parties to take before they start a case at court
precedent
NOUN
the practice of basing legal decisions on decisions in previous cases
private prosecution
NOUN
criminal proceedings started by an individual or private organization and not, as is usually the case, by the state
proceedings
NOUN
LEGAL the actions taken, usually in court, to settle a legal matter
prosecution
NOUN
the process or act of accusing someone of a crime and asking a court of law to judge them
Regina
NOUN
BRITISHFORMALLEGAL used in the titles of some British court cases to show that the government brought a case against someone
rehearing
NOUN
a meeting of a court to hear a case again
remand
NOUN
the period of time that someone accused of a crime waits for their trial
remand
NOUN
relating to someone who is on remand, or to the process of being on remand
retrial
NOUN
a second trial in a court of law that takes place because the first trial was considered not to be fair or ended without a verdict
right of appeal
NOUN
the right to ask a court or other official body to consider changing a decision that you disagree with
sentence bargaining
NOUN
a process by which someone accused of a crime negotiates with the prosecution in order to receive a shorter sentence
show trial
NOUN
a trial that a government arranges for political reasons and decides the result of before the trial begins
statutory interpretation
NOUN
the process by which courts work out the meaning of specific laws and how to apply them
stay
VERB
FORMAL to stop something such as a court case from continuing
submission
NOUN
a statement that you make to a judge or to someone else who is considering your case
suit
NOUN
a claim or complaint that someone makes in a court of law
sum up
PHRASAL VERB
LEGAL if a judge sums up a case, they give a summary of all the evidence that has been given
test case
NOUN
a legal case whose result will be used as a model for similar cases in the future
trial
NOUN
LEGALthe process of examining a case in a court of law and deciding whether someone is guilty or innocent. When a case comes to trial, it is brought to
a court and the person who has been accused of a crime stands trial (=appears in court)
trial by jury
PHRASE
a legal trial in which someone is judged by a jury (=a group of ordinary people chosen for the purpose)
voir dire
NOUN
a hearing within a trial which is used to decide whether evidence, a witness or a jury member should be allowed or not
As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of
law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be
dealing with more terms relating to criminal law. If you work with corporations you will need to concentrate on
corporate law, contractual terms and the Uniform Commercial Code (UCC). This same principle holds true for
working with tax attorneys, family law or estate law. Understanding legal terminology is vital for understanding the law
itself and properly applying it in research, legal analysis, document preparation and compliance with local, state and
federal judicial systems.
Here are a few terms to get you started:
adjective law (or procedural law): That area of the law that deals with procedural rules of evidence, pleadings and
practice.
administrative law: The area of law that concerns government agencies.
cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence,
breach of contract, malpractice or defamation, to name a few. A cause of action is divided into elements, and each
element must be proved to win the case.
civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens
or entities. 2) A body of laws and legal concepts derived from Roman law instead of English common law. (English
common law is the basis of state legal systems in the U.S., with the exception of Louisiana.)
compensatory damages: Damages that are recovered for injury or economic loss. For instance, if someone is
injured in a car accident and the party who injures them has to pay compensatory damages, the party at fault must
cover cost of things such as the ambulance, doctors’ bills, hospital stays, medicine, physical therapy and lost wages.
constitutional law: Law prescribed by the written federal and state constitutions, as well as the interpretation and
implementation of this law.
contract: An agreement between two or more parties to do or refrain from doing something; this often involves a
promise of something in return for something of value. There are both written and oral contracts, though in some
states oral contracts have little or no standing.
demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying, in
effect, that even if the facts are true, there is no legal basis for a lawsuit. Examples include a missing necessary
element of fact, or a complaint that is unclear. The judge can agree and “leave to amend,” giving the claimant the
opportunity to amend the complaint. If it is not amended to the judge’s satisfaction, the demurrer is granted. (Some
states use a motion to dismiss.)
depose: To testify or give under oath or sworn affidavit.
diligence: Reasonable care or attention to a matter; for instance, looking both ways before proceeding after stopping
at a stop sign, washing your hands before cooking food in a restaurant or operating in a hospital or checking brakes
and other mechanical components on tour buses at regular intervals. Due diligence denotes what a normal,
responsible person would do under the same conditions.
felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson,
rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense
is considered a misdemeanor or felony.
laws: A system of regulations governing the conduct of a community, state, society or nation in order to provide
consistent order and justice. In the United States, laws can be statutes, ordinances or regulations, and are usually
enacted by the legislative branch at a state or federal level, or by a branch of the government with authorization from
a law already established.
malfeasance: Doing something illegal or morally wrong. Malfeasance includes dishonesty and abuse of authority.
mens rea (menz ray-ah) Latin for a “guilty mind”; mens rea is used to describe a culpable state of mind, the criminal
intent of the individual when committing an criminal act. For some crimes, this intent must have been present for a
person to be guilty of the crime.
misdemeanor: A crime less serious than a felony, punishable by or imprisonment for less than a year.
prima facie (pry-mah fay-shah): Latin for “at first look,” or “on its face,” prima facie refers to what can be presumed
after the first disclosure.
prima facie case: A case where, upon first look, the facts themselves prove the case.
provisional remedy: A temporary court order to protect someone from further or irreparable damage while further
legal action is pending. For example, a temporary restraining order is a provisional remedy to help keep someone
safe until a hearing to decide if a permanent restraining order is needed; likewise, a temporary injunction to stop the
destruction of a building can keep it from being destroyed while the court decides whether it is a landmark.
punitive damages: Damages awarded over and above compensatory damages for punishment. If the act causing
the injury was committed out of negligence or malice, punitive damages serve not only as a punishment, but as an
example or deterrent to others. It also helps put the injured party on a level playing field. For instance, an individual
who loses a leg when hit by a drunk driver cannot be awarded a new leg, but a monetary award can help that person
face the resultant obstacles.
stare decisis: Latin for “to stand by things decided,” to adhere to precedents of earlier cases as sources of law.
When an issue has already been ruled upon by a court, other cases involving the same issue must receive the same
response from that court or lower courts.
statute: A written law passed by Congress or another legislative body.
title: The legal basis ownership of real or personal property or a document that serves as serves as evidence of this
ownership. Deeds for real estate, and titles for cars and boats are examples of titles.
title abstract: A history of ownership that establishes the present state of a title.
title search: An examination of public records to determine the state of a title and confirm that the seller of a property
is its legal owner. A cloud on the title such as a lien, an unrecorded owner or differing property descriptions on
previous deeds can be a reason to cancel a purchase on a property.
tort: From the French word for “wrong,” a tort is a wrongful or illegal act, whether intentional or accidental, in which
an injury occurs to another. An intentional tort may also be a crime, such as battery, fraud or theft. Tort law is one of
the largest areas of civil law.
wobbler: Sometimes referred to as a “felony wobbler,” a wobbler is a crime that can be classified as either a felony
or a misdemeanor. In some states, even if an offender is charged with a felony in a wobbler case, the judge may
have the authority to reduce the conviction to a misdemeanor.