A Practical Guide to Common Legal Jargon

Legal terminology is everywhere and a lot of the time it can feel foreign or archaic. But understanding basic legal terminology can help you be less intimidated and fully informed in your legal journey, which will help you make more educated decisions and be an active participant in your legal matters. Below are a few common legal terms that are used in many types of documents and in different types of legal matters.

Affidavit

This is a voluntary sworn statement of facts, under oath, made by an individual typically in front of a notary to be used primarily as legal evidence. Affidavits may be requested in many types of legal cases such as civil litigation, custody disputes, estate and probate matters, bankruptcy, lost documents, among others.

Brief

A legal brief is a structured, written document used to present arguments, facts, and legal reasoning about a case. It’s commonly prepared by lawyers and submitted to a court to persuade a judge to rule in their client's favor.

Burden of Proof

Generally, the party that is bringing legal action has the job of proving the material facts supporting their claims. They must provide sufficient evidence to support their claims. The Burden of Proof establishes who is responsible for presenting evidence to prove a claim and the weight of the evidence required.

Damages

Damages are monetary compensation that is awarded to individuals who have suffered loss, harm, or injury due to other individuals' wrongful actions. Depending on the type of case, the amount determined is generally calculated by evaluating the extent of injuries, property damages, emotional distress, and financial losses of the injured party.

Due Process

Due Process is one of our fundamental rights as US Citizens provided by The Constitution of the United States. This term ensures that legal proceedings are carried out fairly. It includes the defendants' rights to a fair trial, the right to an attorney, and the right to present evidence. This prevents the government from acting outside the law.

Force Majeure

This is a provision in a contract that basically acts as a safety net when unforeseen events occur, excusing or delaying the parties from performing their legal obligations under a contract.

Jurisdiction

A court's "subject matter" Jurisdiction refers to the legal power that the court or other authority has to make a legal judgment on a case. Typically, the type of case, the location of the case, and the parties involved determine jurisdiction.

Motion

This is a request to a judge to issue a ruling on a specific legal matter. Motions provide clarity on specific issues in the case and can be used to dismiss a case, compel a party to take specific action, or to prevent the need for a trial by providing summary judgment. Motions are usually filed together with a Brief in Support of the Motion that provides much of the relevant facts and applicable law for the Judge to use in deciding the Motion. There can be numerous types of motions. Including:

• Pre-Trial Motions- This is a request for a trial to be dismissed.

• Post Trial Motions- This is a request for a new trial or other relief that a Judge is empowered to provide once the trial has ended.

• Motion for Summary Judgment/Disposition- This is a request for an immediate decision by a judge without a trial as to some or all of the claims (or defenses) raised by some or all of the parties.

• Motion in Limine- This is a request before the trial starts to exclude, limit, or admit certain evidence.

• Motion for Change of Venue- This is a request to move the location of the trial.

Preponderance of the Evidence

Generally used in civil trials, this level of evidentiary proof basically means that your version of what happened is more likely to be true than not, typically just over 50% more. Contrast this with most criminal trials, where the level of proof rises to "beyond a reasonable doubt." It doesn't mean you must prove your case beyond all doubt, not even a high stakes criminal case requires that level of proof-- only that you need to tip the balance in your favor. Jurors do not need to be fully convinced that your side is stronger, just reasonably persuaded.

Stare Decisis

This Latin phrase means "To stand by things decided." Essentially courts must to follow past court decisions and established rulings for similar cases which gives judges a reference point in making decisions. Another term for this would be precedent.

Statute of Limitations

This refers to the specific time frame that an individual has to file a lawsuit after the "claim has accrued" or, put more simply, the events giving rise to the claim have taken place. When that period starts to run and ends can be complicated. If you fail to file the suit within the time frame, it may result in the loss of legal rights. The time frame depends on the type of claim or crime, as well as the jurisdiction.

The legal world can be complex and unnecessarily confusing. Sometimes due to the archaic or unfamiliar legal jargon used. Whether you are facing a legal situation or just interested in understanding the law, our lawyers at Beier Howlett will help you navigate the entire process which will empower you with confidence should any legal situation arise.

Written by Beier Howlett