Meaning Of Legal Terms And Phrases11 min read
Legal terms and phrases can be confusing and difficult to understand. This article will provide a detailed explanation of the meaning of some of the most common legal terms and phrases.
Affidavit: a sworn statement in writing, made before a notary public or other officer having the authority to administer oaths, in which the person making the statement swears to its truth.
Arraignment: the formal act of bringing a defendant before a court, to answer to the charge or charges against him or her.
Bail: money or other security deposited with a court to ensure that an accused person will appear for trial.
Bond: a certificate or other security (e.g., a bond of the United States) by which a person is bound for the performance of a certain act or the payment of a certain sum of money.
Capital punishment: the penalty of death for a crime.
Charge: an accusation or allegation that a person has committed a crime.
Conviction: a judgment of guilty, rendered by a court.
Court order: a directive, issued by a court, that requires a person to do or not do a certain thing.
Default: the failure to do something required by law, such as to appear in court.
Defendant: the person against whom a lawsuit is brought.
Deposition: the testimony of a witness, taken under oath, before a court or other judicial officer.
Estate: all the property, real and personal, of a person at the time of his or her death.
Habeas corpus: a writ or order of a court, directed to a person, commanding him or her to produce the body of a person in custody, and to show the cause of his or her detention.
Indictment: a formal charge, made by a grand jury, that a person has committed a crime.
Jury: a body of persons selected to try a cause or to render a verdict in a trial.
Lawsuit: a civil action commenced by the filing of a complaint with a court.
Libel: a malicious defamation of a person, orally or in writing.
Lien: a legal claim, or charge, upon the property of another, for the satisfaction of some debt or duty.
Plea: a defendant’s answer to the charge against him or her.
Prosecution: the act of instituting a criminal proceeding against a person.
Remand: the sending of a defendant, after conviction, to a penal institution, to await execution of the sentence.
Sentence: the punishment imposed on a person convicted of a crime.
Statute: a law enacted by a legislature.
Tort: a civil wrong, other than a breach of contract, for which the law provides a remedy.
Witness: a person who testifies under oath, in a trial or other judicial proceeding, as to the facts of a case.
Table of Contents
What is the meaning of the legal term?
The legal term “due process” is derived from the phrase “due process of law,” which is found in the Fifth and Fourteenth Amendments to the United States Constitution. The phrase “due process of law” means that the government must follow certain rules when it takes away a person’s life, liberty, or property.
The most important purpose of due process is to protect the rights of individuals. The Constitution requires the government to provide individuals with notice and a hearing before taking away their life, liberty, or property. This ensures that the government cannot take away someone’s rights without justification.
Due process also ensures that the government is fair and impartial. The government cannot give one person preferential treatment over another person. For example, the government cannot take away someone’s property without justification simply because that person is unpopular or has a different political viewpoint.
Due process is also important because it ensures that the government is transparent. The government must disclose all of the evidence that it plans to use against a person in a hearing. This allows the person to prepare a defense and ensures that the government is not hiding any evidence from the person.
Finally, due process is important because it ensures that the government is accountable. The government must follow the law when taking away someone’s life, liberty, or property. If the government violates someone’s rights, that person can file a lawsuit to challenge the government’s actions.
What are phrases used in court?
When appearing in court, it is important to be aware of the phrases that are commonly used. Each phrase has a specific meaning and can impact the outcome of your case. Here are some of the most commonly used phrases in court:
“I plead the fifth”
This phrase is often used when a person wants to avoid answering a question. It can be used in criminal or civil court cases. When you plead the fifth, you are refusing to answer the question on the grounds that you may incriminate yourself.
“I object”
This phrase is used to object to a question or statement. It can be used in criminal or civil court cases. When you object, you are telling the court that you disagree with the question or statement and that you want it to stop.
“I withdraw my objection”
This phrase is used to stop an objection. It can be used in criminal or civil court cases. When you withdraw your objection, you are telling the court that you no longer object to the question or statement.
“Your Honor”
This phrase is used to address the judge. It is typically used at the beginning of a statement or question.
“With all due respect”
This phrase is used to show respect for the judge. It is typically used at the beginning of a statement or question.
“I don’t know”
This phrase is used to indicate that you do not know the answer to a question.
“I don’t remember”
This phrase is used to indicate that you do not remember the answer to a question.
“That’s not true”
This phrase is used to show that you disagree with a statement.
“Can I speak to my lawyer?”
This phrase is used to ask for permission to speak to your lawyer. It is typically used when you are in court and you have been asked a question.
What is a statement legal term?
A statement legal term is a phrase used in law to describe a particular type of communication. There are many different statement legal terms, each with its own specific meaning. Some of the most common statement legal terms include affidavit, complaint, and summons.
An affidavit is a sworn statement, usually made in writing, that contains facts about a particular case. Affidavits must be notarized, meaning that they must be signed in front of a notary public who will verify the signature and witness the oath.
A complaint is a legal document that is filed with a court to start a lawsuit. The complaint must contain a detailed description of the plaintiff’s allegations against the defendant, as well as the damages that they are seeking.
A summons is a document that is issued by a court and served on the defendant in a lawsuit. The summons informs the defendant of the lawsuit and orders them to appear in court.
What does made out mean in legal terms?
When used in legal terminology, “made out” generally refers to the act of creating or executing a legal document. This can include drawing up a contract, making a will, or drafting any other type of legal document.
What type of word is legal?
What type of word is legal? This is a question that many people may ask, but it is not always a straightforward answer. The legality of words depends on a number of factors, including the context in which they are used.
Generally speaking, there are three types of words that can be used in a legal context: statutory words, common law words, and equitable words. Statutory words are those that are set out in a statute, or law, and must be used in a specific way. Common law words are those that have been established through case law, or the decisions of courts. Equitable words are those that are not defined in statute or common law, but are instead based on the principles of equity, which are a set of principles that seek to ensure fairness in legal proceedings.
It is important to note that the legality of words can also vary depending on the jurisdiction in which they are used. For example, the definition of a word may be different in England and Wales than it is in Scotland. Therefore, it is important to seek legal advice if you are unsure about the legality of a particular word or phrase.
What are the words used in law?
What are the words used in law?
The words used in law can be confusing, especially to those who are not familiar with the legal system. Here are some of the most common legal terms and their definitions.
Arraignment – The process of formally informing a defendant of the charges against them and asking how they plead
Bailable – A bailable offense is one for which a defendant can post bail in order to be released from custody
Bench trial – A bench trial is a trial in which the judge hears the evidence and makes a decision, as opposed to a trial by jury
Burden of proof – The burden of proof is the responsibility of one party in a legal dispute to provide evidence that their position is more likely to be correct than not
Cause of action – A cause of action is a legal claim that can be brought in a civil lawsuit
Civil law – Civil law is the branch of law that deals with disputes between individuals or organizations
Common law – Common law is the branch of law that is based on custom, precedent, and previous court decisions
Complaint – A complaint is a legal document that is filed by a plaintiff to begin a civil lawsuit
Conviction – A conviction is a judgment of guilt entered by a criminal court
Counterclaim – A counterclaim is a legal claim that is filed by a defendant in response to a complaint filed by the plaintiff
Criminal law – Criminal law is the branch of law that deals with crimes and offenses against the state
Debtor – A debtor is a person or organization that owes money to another person or organization
Defendant – A defendant is a person who is accused of committing a crime
Deposition – A deposition is the process of taking sworn testimony from a witness outside of court
Discovery – Discovery is the process by which the parties in a civil lawsuit exchange information and documents to prepare for trial
evidence – Evidence is any information that is presented in court to support or oppose a legal claim
lawsuit – A lawsuit is a legal proceeding in which one party sues another party for damages
plaintiff – A plaintiff is a person or organization that brings a legal action against another person or organization
What should you not say to a judge?
When you are in court, it is important to be respectful to the judge. There are a few things you should never say to a judge, even if you are upset or angry.
Here are some things you should never say to a judge:
1. “You’re biased!”
Judges are supposed to be impartial, and it is not appropriate to accuse them of bias. If you have a complaint about a judge, you can file a complaint with the court.
2. “I can’t believe this is happening!”
It is best to stay calm and professional in court. Expressing disbelief or anger will only make you look bad.
3. “You’re making a mistake!”
It is not up to you to judge the actions of the judge. If you have a disagreement with a ruling, you can appeal the decision.
4. “This is unfair!”
There is no guarantee that court will be fair, and complaining about it will not help your case.
5. “I’m going to get a lawyer!”
It is not necessary to have a lawyer in every courtroom situation. If you do choose to have a lawyer, be sure to let the judge know.
6. “I don’t know what to say!”
If you are in court, you should have a plan and know what you are going to say. Fumbling for words will make you look unprepared.
7. “Can I leave?”
If you need to leave the courtroom, you should ask the judge for permission. It is not appropriate to leave without permission, especially if your case is still ongoing.
8. “I don’t know what this word means!”
If there is a legal term that you do not understand, ask the judge to explain it to you. It is important to know what is going on in your case.
9. “I don’t have any questions.”
It is always a good idea to have questions prepared for the judge. This shows that you are taking the process seriously.
10. “I’m sorry.”
This is not an appropriate thing to say to a judge. You should never apologize for anything you have done, or for speaking up in court.