Basic Legal Terms

Contract

A legal agreement entered into between two or more persons, known as 'parties to the contract', whereby an offer is made and accepted.

Conviction

A judgment of guilt against a criminal defendant.

Counsel

A legal representative, such as a lawyer or attorney.

Court

A government entity authorized to resolve legal disputes. Judges sometimes use this term to refer to themselves in the third person.

Court Stenographer

A person who makes a word-for-word record of what is said in court, generally using a stenographic machine, shorthand, or audio recording, and produces a transcript of the proceedings upon request.

Creditor

A person to whom or business to which the debtor owes money, or that claims to be owed money by the debtor.

Damages

An amount of money to be paid to a plaintiff (the person suing) as compensation for loss or injury.

Debtor

Someone who owes money to a creditor.

Decision

The verdict of a court in a case.

Deed

A written legal document describing a piece of property and setting out the boundaries of that property.

Default

The failure to perform an obligation required under contract, ordinarily the obligation to pay money.

Defendant

The person accused of a crime in criminal cases, or the person or organization being sued in civil cases.

Docket

A brief record of all important actions in court from the beginning to the end of a case, kept as a chronological log summarizing court proceedings.

Dismissal

The termination of a case.

Double Jeopardy

The process of being tried twice for the same crime or offense.

Due Process

A legal doctrine requiring that a person’s trial proceeding be fair.

Estate

All of the property of a deceased person.

Executor

A person named in a will to dispense the estate.

Ex parte

A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Evidence

Documents and other materials that prove a claim as to facts.

Exhibit

A document or piece of evidence provided to a court to support a claim.

Fine

Punishment imposed for an offense.

Foreclosure

Occurs when a borrower cannot repay their debts and the creditor forecloses and sells the property, such as a house.

Franchise

A business relationship whereby the owner of a business licenses others to use the name of his business.

Fraud

Making false statements or misrepresentations of material facts (or failing to act or remaining silent when an obligation to speak exists) in order to benefit by deceiving another.

Good Faith

To act honestly and without deception.

Guarantee

A legal agreement under which a person agrees to guarantee the obligations of another.

Guarantor

The person who provides a guarantee on behalf of another.

Hearing

A court proceeding in which the court listens to or receives evidence.

Hearsay

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else; generally not admissible as evidence at trial, with some exceptions.

Heirs

A person entitled by law to inherit the estate of a deceased person.

Impeachment

A process that is used to charge, try, and remove public officials for misconduct while in office.

Injunction

A court order requiring a party to stop doing something.

Intestate

To die without having left a will.

Joint Custody

An arrangement where both parents have equal rights to a child following a divorce.

Judge

An official of the Judicial branch with authority to decide lawsuits brought before courts.

Judgment

The official decision given by a court.

Jurisdiction

The court’s authority to hear a case.

Lawsuit

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.

Lease

A legal agreement under which a property owner allows a tenant to use the property for a specified period of time.

Lessee

The person who hires something from a lessor.

Lessor

The person who leases something.

Liability

A duty or obligation for which an individual is legally responsible.

Liquidation

The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

Litigation

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) are referred to as litigants.

Living Will

A legal document that sets out a person’s wishes should they become incapacitated.

Mediation

A private, informal process of resolving disputes through the 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 the judge to rule on an issue of law.

Negligence

A failure to use a degree of care.

Notary Public

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

Oath

A solemn promise to swear to tell the truth.

Oral Argument

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

Order

A written or oral direction of a court.

Parole

The early release of a