Basic Legal Terms (Parts 4 and 5)

Vocabulary flashcards defining fundamental legal terminology covered in Basic Legal Terms Parts 4 and 5.

Mediation

A private, informal process of resolving disputes through use of an impartial third party who suggests a compromise.

Minor

A person under the legal age of consent (18).

Motion

A request made to a judge asking him to rule on an issue of law.

Negligence

A failure to use a degree of care.

Notary Public

A person authorized to witness documents, attest to legal documents, administer oaths, and certify the authenticity of signatures.

Oath

To swear to tell the truth.

Oral Argument

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Order

A direction (written or oral) of a court.

Parole

Early release of a prisoner who is then subject to continued monitoring as well as compliance with certain terms and conditions for a specified period.

Party

A person or entity who is the plaintiff or defendant in a lawsuit.

Perjury

Making a deliberately false statement while under oath.

Petition

A written application to the court asking for specific action to be taken.

Petitioner

One who signs and/or files a petition.

Plaintiff

The person who initiates a lawsuit by filing a complaint.

Pleadings

Written statements filed with the court that describes a party's legal or factual assertions about the case.

Power of Attorney

A legal document authorizing another to act on your behalf.

Preliminary Hearing

The presentation of evidence and testimony to a court that does not result in a final decision in the proceeding.

Pre-trial conference

A meeting of the judge and lawyers to plan the trial, to review proposed evidence and witnesses, and to set a trial schedule, typically also discussing the possibility of settlement.

Probate

The legal process where the court oversees the distribution of property under a will.

Probation

The act of suspending the sentence of a person convicted of a criminal offense and granting that person provisional freedom on the promise of good behavior.

Proceedings

The process of a lawsuit.

Promissory Note

A written document under which a person promises to pay another money on a given date and pursuant to specified terms (also known as a "PN").

Prosecute

To charge someone with a crime.

Real Property

Land and all things attached to the land.

Reclusion Perpetua

Permanent imprisonment that entails a minimum imprisonment of 30 years after which a convict becomes eligible for pardon, but the maximum period for imprisonment may not exceed 40 years.

Life imprisonment

Imprisonment that does not have any definite extent or duration of imprisonment.

Record

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Reply

A plaintiff’s response to a defendant’s answer.

Respondent

The person being sued or responding to the suit.

Reverse

The act of a court setting aside the decision of a lower court.

Sanction

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Settlement

An agreement where parties to a lawsuit resolve their dispute without having a trial, often involving payment of compensation without the admission of fault.

Subpoena

A legal order compelling you to appear in court and give testimony.

Summons

A legal document notifying you that a lawsuit has been initiated against you and how and where you must answer the claim.

Temporary Restraining Order

A judge's short-term order forbidding certain actions until a full hearing can be conducted; akin to a preliminary injunction.

Testator

A person who makes a will.

Testimony

Evidence presented orally by witnesses during trials.

Transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Trial

The adversarial process of resolving disputes in a court of law.

Verdict

A formal decision by a court on the facts of a case, determining the guilt or innocence of a criminal defendant or the final outcome of a civil case.

Voluntary Transfer

A transfer of a debtor's property with the debtor's consent.

Waiver

The voluntary giving up of a known right.

Warrant

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

Witness

A person who gives evidence in court under oath or who signs a document to testify/certify that the person who signed the document was who he claimed to be.

Writ

A written court order directing a person to take, or refrain from taking, a certain act.