Law Terminology

Indictment

A court-issued statement that formally charges an individual with a crime.

Discovery phase

The phase in a lawsuit where each side learns about the case and attempts to form its argument, often by interviewing witnesses.

Pleadings

Initial papers filed in a lawsuit that explain each side of the argument.

Appeals

The process after a trial has ended where one side asks for a review of the decision by pointing out errors in the reading.

Arbitration

A binding process that replaces a trial and involves a judgment being passed down to decide the outcome of a dispute.

Mediators

Third-party individuals who guide discussions and help resolve conflicts between parties.

Acquittal

When a jury finds that a person is not guilty of a tort or crime.

Probate courts

Courts that deal with cases involving wills and estates.

Preponderance of evidence

The standard of proof required to show wrongdoing in a civil case.

Due process

A person's right to be heard in court and have a fair legal proceeding.

Habeas corpus

A legal petition that challenges the imprisonment procedures and policies.

Eminent domain

A law that allows the government to take private property for public use, with compensation to the owner.

Injunction

A court order that requires a defendant to stop engaging in a specific activity.

Non-compete contract

An agreement between an employee and employer stating that the employee will not work for a competitor after leaving the company.

Full disclosure

The requirement for financial statements or documents to include all necessary information for them to be understood.

Legally binding contracts

Contracts that clearly outline an agreement and help avoid disputes and litigation.

Master-servant

An agency relationship in law where a business establishes rules for its employees.

Concurrent jurisdiction

The authority a court has to resolve a particular issue.

Voir dire

The process of selecting members of a jury for trial.

Online dispute resolution forums

Platforms used to settle e-commerce conflicts, often cost-efficient and timely due to the international reach of the web.

Deposition

The recorded testimony of a witness taken outside of the courtroom.

Summons

A court's formal request for a person to perform a specific activity.

Procedural laws

Written rules that govern the way substantive laws are enforced.

Transfer risk

A statement indicating that a team is not liable for certain risks.

Equitable remedies

Actions or activities performed or refrained from, instead of awarding monetary damages.

Trademark

A mark used for business activities that must be applied with the government.

Grand jury

A jury that reviews evidence and information about a situation or case.

Care

A tort duty that requires people to behave in a socially acceptable and responsible manner.

Secondary liable

On a negotiable instrument, the requirement for drawers and endorsers to fulfill the contract if makers and acceptors dishonor it.

Bilateral contract

A legally valid contract where both parties promise to perform certain activities or fulfill obligations.

Federal statutes

Laws written and passed by the U.S. Congress, a primary source of law.

U.S

The supreme primary source of law in the United States.

State laws and administrative agencies

Sources of primary law at the state level.

U.S

The highest court in the United States that interprets laws.

Regulations

Rules that dictate how laws will be enforced.

Express authority

Specific directions given by a principal to an agent, often in writing, regarding certain business matters.

Government regulation

Monetary and fiscal actions taken by the government to regulate the economy, which may result in additional expenses and inefficiencies.

Inevitable disclosure

The likelihood that workers will share their current employers' trade secrets with future employers.

Professional liability insurance

Insurance that limits financial losses in the event of a lawsuit filed by a client against a business professional.

Workers' compensation insurance

Insurance that provides benefits to employees who are injured on the job.

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