Learn Basic Legal Terms

Name: Learn Basic Legal Terms
Author: Ben

Learn basic US legal terms and their definitions.

61 free flashcards · by Ben · Professional & School / Law

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What you'll learn in Basic Legal Terms

Government entity authorized to resolve legal disputes. Judges sometimes refer to themselves in the third person (“the [term] has read the briefs”). — Court
An official of the judicial branch with authority to decide lawsuits. (Used generically, it may refer to all judicial officers, including Supreme Court justices.) — Judge
A person or business that files a formal complaint with the court. — Plaintiff
In a civil case, the party against whom the complaint is filed; in a criminal case, the person accused of the crime. — Defendant
A legal action started by a plaintiff against a defendant based on a complaint alleging failure to perform a legal duty resulting in harm. — Lawsuit
A group of citizens selected to hear evidence at trial and render a verdict on disputed facts. — Jury
The punishment imposed by a court on a defendant convicted of a crime. — Sentence
A person called to testify in court regarding facts they have observed or know. — Witness
The legal authority of a court to hear and decide a particular type of case; sometimes used interchangeably with venue. — Jurisdiction
The official decision of a court finally resolving the dispute between the parties. — Judgment
A request made after a trial for a higher court to review the decision for correctness. (The party who appeals is the appellant; the opposing party is the appellee.) — Appeal
Information presented in testimony or documents to persuade a judge or jury in deciding a case. — Evidence
A court order authorizing law enforcement to search or arrest; a fundamental concept in criminal procedure. — Warrant
The constitutional guarantee that a defendant will receive a fair and impartial trial (in criminal cases) and fair treatment in civil proceedings. — Due process
A judgment of guilt against a criminal defendant. — Conviction
An agreement between parties that creates an obligation to do or not do something. — Contract
A request by a litigant to a judge for a decision on a legal or factual issue in the case. — Motion
Procedures used to obtain disclosure of evidence before trial. — Discovery
The pretrial release of a person accused of a crime, secured by bond or conditions ensuring their court appearance. — Bail
The obligation to prove disputed facts; for example, in criminal cases the government must prove guilt beyond a reasonable doubt. — Burden of proof
A person or business to whom money is owed by the debtor. — Creditor
Money awarded in a civil case to compensate for loss (compensatory) or to punish the defendant (punitive). — Damages
A serious crime, usually punishable by imprisonment for at least one year. — Felony
A writ requiring law enforcement to produce a detained person before a court to justify their detention. — Habeas corpus
A less serious crime, typically punishable by up to one year in prison. — Misdemeanor
Representing oneself in court without an attorney. — Pro se
A sentencing alternative in which a defendant is released under supervision with certain conditions instead of incarceration. — Probation
The rules that govern how legal proceedings and lawsuits are conducted. — Procedure
To institute legal proceedings against someone in a criminal case. — Prosecute
An agreement reached between parties to resolve a dispute without going to trial. — Settlement
The level or degree of evidence required to prove a claim (e.g., “beyond a reasonable doubt” in criminal cases). — Standard of proof
A law enacted by a legislature. — Statute
The time period within which a lawsuit must be filed or a criminal prosecution initiated. — Statute of limitations
Oral evidence given by a witness during a trial or hearing. — Testimony
A civil wrong (other than breach of contract) that causes harm for which the injured party may seek damages. — Tort
A debt for which no specific collateral is pledged; repayment depends solely on the debtor’s ability to pay. — Unsecured claim
A written court order directing a person to do or refrain from doing a specific act. — Writ
A jury (typically 12 in criminal cases; at least 6 in civil cases) that determines the facts at trial. — Petit jury (trial jury)
In a criminal case, the defendant’s formal response to the charges (guilty, not guilty, or no contest). — Plea
A lawyer appointed by the President to prosecute (and sometimes defend) federal cases in a judicial district. — U.S. attorney
The lawyers representing a party; also refers to legal advice. — Counsel
A court proceeding in which a criminal defendant is informed of the charges and asked to enter a plea. — Arraignment
A written statement made under oath. — Affidavit
A panel of 16–23 citizens who determine whether there is probable cause to indict a defendant for a felony. — Grand jury
A formal charge issued by a grand jury stating that there is sufficient evidence to bring a defendant to trial for a felony. — Indictment
A court order that prohibits a party from taking a specific action, often issued on a temporary basis pending trial. — Injunction
Testimony based on what the witness heard from others rather than from personal knowledge; generally inadmissible except under certain exceptions. — Hearsay
A previous court decision used as a rule for resolving subsequent cases with similar facts or issues. — Precedent
The legal system originating in England based on judicial decisions and precedent rather than on statutes. — Common law
A court order requiring a person to appear and testify in court. — Subpoena

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