Legal Terms and Definitions: A Comprehensive Glossary
Legal Terms and Definitions
Actual cause: The event directly responsible for another event or injury.
Advocacy group: Works to uphold the rights of a particular party or cause.
Affidavit: A written document in which the signer swears that the statements are true before an authorized person, such as a notary public.
Allegation: A formal accusation against someone.
Alternative: The opportunity to choose between two or more options.
Amicus brief: A type of brief filed by people who are not directly part of a case, such as groups that have an interest in the outcome.
Analysis: The writer’s thoughtful assessment of the facts included in the memo.
Appellate brief: A type of brief filed after a trial has finished in an attempt to appeal or overturn the decision of the court.
Assignment: Explains what the document is about.
Attest: To confirm that a legal document is genuine.
Breach of duty: The failure to carry out a legal or contractual obligation.
Brief: A written legal document presented to a court to argue the case of one party over another.
Citations: Refer to other documents or cases.
Civil litigation: Any legal case that is not a criminal proceeding in which a plaintiff seeks to be compensated.
Compensation: Money given to someone as reparation for a service or injury.
Conclusions: The final thoughts reached after consideration of the matters discussed in a memo.
Damages: The money that a party receives for all injuries or problems relating to a lawsuit.
Defamation: The act of making untrue and damaging statements about another person or party.
Deliberate: Someone has considered it and intentionally carried it out.
Discovery stage: The period before a trial when requests for documents, interviews, and legal actions are made.
Dismiss: To throw the case out of court without further consideration.
Duty: A legal or contractual relationship in which one person or business owes something to another.
Duty of care: The responsibility of a person or business to act toward others with caution and prudence.
Entitlement: A right granted by law or by a contract.
Fact: Any information or event that must be proved through evidence at a trial.
Harm: Any physical or mental injury, damage to property, or damage to reputation.
Harm to person: Pain or injury to a person’s body.
Harm to property: Damage or destruction to a person’s belongings or holdings.
Heading: The part of a memo that identifies the sender, recipient, and other basic information about the document.
Injunctive relief: A court order that prohibits a person or party from doing something, or demands that a wrong be remedied.
Injured party: The person who has been hurt through accident, negligence, or other wrongful acts.
Injury: Any harm to a person’s body caused by an accident or negligence.
Intent: The wish or decision to act in a particular way prior to doing so.
Interfere: To have a negative effect on a situation, activity, or process.
Interrogatory: A set of written questions that one party in a lawsuit asks the other party before a trial.
Issues: Discusses the legal matters pertaining to the case.
Legal brief: Presented before a trial begins in order to state a party’s position and offer reasons why the court should rule in its favor.
Legal memorandum: A written document summarizing the important points of a larger document or case.
Legal position: The side one takes in a case and which defines that party’s argument based on his or her understanding of the law.
Liability: The state of being legally accountable for an act or omission.
Merit: Evaluates the factual information, without emotional or contextual considerations.
Merit brief: Addresses the inherent rights and wrongs of a case without any emotional or technical biases.
Misconduct: Behavior that is wrong or improper.
Motion: An application in which the party issuing the motion seeks a decision, ruling, or order.
Motion for change of venue: Asks the court to move the trial to another location.
Motion for a new trial: Asks the court to set aside a ruling or jury decision because of an error or exclusion.
Motion for protective order: Asks the court to protect a party or witness from harm or harassment.
Motion for summary judgment: Asks the court to decide a case on the available evidence, without a trial.
Motion to compel: Asks the court to order either party in a case, or a third party, to take a specified action.
Motion to dismiss: Asks the court to decide that an issue is not one that should be heard by the court.
Motion to strike: Asks the court to remove all or part of one party’s evidence or of a witness’s testimony.
Movant: The party issuing the motion.
Negligent tort: Cases request compensation for injuries caused by another party’s failure to maintain a reasonable person standard.
Nonmovant: The party opposing the motion.
Notary public: A person certified by his or her state to certify documents and administer oaths.
Nuisance: Anything that prevents private or public reasonable enjoyment of property or place.
Opposing: Means being in conflict with another person, team, or army.
Perjury: The crime of lying after swearing to tell the truth before a notary public or court official.
Pertinent: If something is pertinent, it is related to the case at hand.
Physical examination: An assessment of a person’s body for disease or injury.
Private: Something that is private is set aside for use by certain individuals based on: place of residence, fees paid, etc.
Privileged: If a statement or conversation is privileged, it is confidential and cannot be revealed in court.
Property: Land or items owned by a person or group.
Proximate cause: The immediate reason for something that results in harm to another person.
Prudence: Means using caution and good judgment.
Request for admissions: Asks a defendant to agree or deny certain facts that pertain to a legal case.
Request for production: The legal demand for the opposing party’s information in a lawsuit.
Restitution: The return of property, payment for lost property, or payment for harm caused by a defendant.
Ruling: The court’s or a judge’s decision on a motion or trial is called a ruling.
Settlement: An agreement between two legal parties that is reached through negotiation, rather than by a court ruling.
Settlement request: Asks for the resolution of a dispute or lawsuit.
Signature: A person’s name, written in his or her own hand, particularly on legal or official documents.
Small claims court: A special court intended to handle small matters or debts quickly.
Statement of facts: Consolidates information about a case in a clear, concise way.
Subpoena: An order from the court for a witness to appear at a certain time and place and to bring all relevant documents.
Sworn statement: A spoken or written statement made under oath.
Testimony: The spoken evidence given by a witness under oath at trial.
Tort action: A civil lawsuit that seeks remedy for a wrongful act.
Trial brief: A document containing a summary of a party’s case, including its legal position and evidence, and is used by attorneys during a trial.
Unbiased: If someone is unbiased, he or she is impartial and without prejudice.