FANCY WORDS (WITH PURPOSE)

Can You Hold Your Own In Court? 12 Legal Terms Everyone Should Know


Published on February 14, 2024


Credit: Sasun Bughdaryan

If you have ever been befuddled by a legal term in a conversation, a document, TV, or elsewhere, you are certainly not alone. The law has a certain way with words and it can be tricky for the layman to fully understand their meaning.

This article serves as a humble guide, shedding light on 12 fundamental legal terms tailored for those who don't hold a law degree. So, let's dive into the realm of legal literacy, making these terms accessible and understandable for everyone.

1

Affidavit

Credit: Fabian Gieske

Simply put, an "affidavit" is a written statement voluntarily made under oath, a sworn testimony that carries the weight of truthfulness. It can be defined as a formalized way of saying, "I promise this is true" typically used in legal proceedings or various official documents.

Affidavits are extremely important in providing firsthand accounts, witness statements, or evidence in court without the need for the individual to testify in person.

2

Deposition

Credit: Scott Graham

A term often heard in the context of legal dramas, a "deposition" is essentially a pre-trial discovery process where witnesses or parties involved in a case provide sworn out-of-court testimony.

Picture it as a—very—formalized Q&A session, but instead of taking place within a courtroom, it occurs in a more private setting, like a lawyer's office. This process allows both sides to gather information and assess the strengths and weaknesses of the case.

3

Amicus curiae

Credit: Jeremy McGilvrey

Amicus curiae is a Latin term that translates to "friend of the court." And, while it might sound like an exclusive legal club, it is an individual or organization that isn't a party to the case at hand but offers expertise or information to assist the court in making informed decisions.

Amicus curiae are legal allies, providing valuable perspectives on complex issues. These friends of the court often submit written briefs, known as amicus briefs, to share insights that could impact the case's outcome.

4

Class action

Credit: Robert Linder

In simple terms, a "class action" is a collective lawsuit where a group—or class—of people with similar claims join forces to pursue legal action against a defendant. Class actions are particularly powerful when addressing widespread issues, such as consumer rights violations or product liability.

It should be noted that the district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. But, by consolidating these cases into one, the legal system becomes more efficient, offering a streamlined approach to justice.

5

Appeal

Credit: Sebastian Pichler

An "appeal" is the legal version of a second chance. It is a request made to a higher court to review and reconsider a decision from a lower court. It's a mechanism that allows individuals dissatisfied with a verdict to present their case anew, highlighting errors or injustices in the initial judgment.

Appeals are not retrials per se but, rather, opportunities to scrutinize the legal process. When someone exercises their right to appeal, they aim to secure a more favorable outcome or rectify legal missteps.

6

Habeas corpus

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Coming from Latin, meaning "you shall have the body," the concept of habeas corpus is a powerful safeguard of individual liberty. Habeas corpus is essentially a legal order demanding that a person under arrest or in detention be brought before a court or judge.

It works as a defensive wall against unlawful or arbitrary imprisonment, ensuring that individuals have the right to challenge the legality of their detention. Habeas corpus is a cornerstone of justice, emphasizing the principle that no one should be held captive without proper legal justification.

7

Adjudication

Credit: Claire Anderson

An "adjudication" refers to the formal resolution of a legal dispute by a court or judicial authority. Adjudication involves the examination of evidence, legal arguments, and applicable laws to render a decision or judgment.

Adjudication ensures that conflicts are settled fairly and in accordance with established legal principles, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.

8

Impeachment

Credit: Darren Halstead

"Impeachment" is a term often heard in political contexts but rooted in legal principles. Contrary to common belief, impeachment isn't solely about removal from office; it's a formal process to accuse a public official of misconduct.

Impeachment serves as a constitutional check on the abuse of power, allowing the legislative branch to hold elected officials accountable. It's a legal tool emphasizing the principle that no one, regardless of position, is above the law.

9

Arbitration

Credit: Chris Liverani

"Arbitration" is a practical alternative to courtroom battles for dispute resolution. Unlike traditional litigation, arbitration is a private, out-of-court process where parties submit their grievances to an impartial arbitrator or panel.

This neutral third party reviews evidence, hears arguments, and issues a binding decision. Popular in business and contractual matters, arbitration provides an orderly and efficient way to settle disputes without the complexities of a formal trial.

10

Per curiam

Credit: Jackie Hope

Coming from Latin, the legal term per curiam means "by the court." This phrase is often used to express an opinion or decision issued by an entire court rather than a single judge.

When a court issues a per curiam opinion, it signifies a unanimous stance taken collectively by the judges, emphasizing a unified judicial perspective. These opinions are typically concise and highlight the court's consensus on a particular matter.

11

Allegation

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An "allegation" is a formal assertion or claim made by one party against another, presenting accusations that may or may not be proven true. It serves as the initial step in legal proceedings, outlining the specific charges or grievances.

An allegation doesn't automatically imply guilt. Instead, it sparks an investigation or legal process to find the truth. Whether in criminal or civil matters, understanding the nature of an allegation is key to navigating legal discussions.

12

Trustee

Credit: Tim Gouw

A "trustee" is an individual or entity entrusted with the responsibility of managing and overseeing assets on behalf of others, known as beneficiaries. This role often arises in the context of trusts, where individuals seek to safeguard and distribute assets according to specific instructions.


From the Big Ben to the Big Apple

10 Differences Between American And British English


Published on February 14, 2024


Credit: Nick Fewings

Picture in your mind a conversation between a New Yorker, someone raised in the American Midwest, and someone from the Deep South. You can probably imagine a rich tapestry of accents, regional variations, and idiomatic expressions. All within the borders of the United States. Now, the Atlantic Ocean is vast. Over time, American English and its counterpart from across the pond have grown apart, sometimes evolving in completely different ways. From pronunciation and vocabulary to spelling, here are 10 differences between American and British English.

1

Colorful flavor

Credit: Diana Polekhina

Most of the words that end in -our in British English are spelled -or in American English. You'll find examples in words like flavor, armor, and color. These are words of Latin origin that have found their way into English either directly or through some intermediary, particularly French.

For some time, both variations were widely accepted. However, when the time came to make a final decision, Americans decided to stick closer to the original Latin spelling of the words, while the British favored a more French-influenced spelling, keeping the extra u.

2

Toward a brighter future

Credit: Jon Tyson

In Old English, the suffix -weard was used to specify direction, and it's the origin of words such as toward, forward, backward, etc. However, in a quirk of language that has stumped linguists for years, for every -ward word there is a -wards counterpart with the same meaning.

There's no consensus regarding where the extra s came from, but -wards has been the preferred British spelling since at least the 20th century, while most American writers agree that it's unetymological.

3

Zed v. Zee

Credit: Diomari Madulara

British speakers call zed what Americans call zee. It seems that Americans chose the latter pronunciation because of its similarity to bee, cee, dee, etc. But, when it comes to the letter z, the differences run deeper than just naming conventions.

Most verbs that end in -ize in American English are spelled -ise in British English. In a similar fashion to the -or/-our words, both spellings were once accepted until American 20th-century dictionaries standardized the -ize spelling. Apparently, the British then decided to keep the -ise termination as a matter of national identity.

4

A central issue

Credit: Jad Limcaco

In words like center, fiber, and theater, British writers prefer to use the -re termination, again influenced by their French neighbors. In these cases, Americans showed their practicality and chose a spelling that better reflects the way these words are pronounced with an American accent.

As we saw in previous entries, it wasn't until very recently that these norms were formalized. The pattern of favoring the -er termination in American English solidified itself with the 19th-century publication of Webster's Dictionary.

5

Fish and chips

Credit: Gilly

We step out of the realm of spelling quirks and dive into the world of diverging vocabulary with a well-known classic: Open a bag of Lay's in the UK and they'll call them crisps. However, ask for chips and they'll serve you fries.

To add to the confusion, some British speakers accept the term fries, but consider fries and British chips to be different products, based on the thickness of the cut. In any case, we would rather put the matter to rest and agree that any and all fried potato varieties are delicious, whatever you choose to call them.

6

A flat flat

Credit: Hernan Lucio

Generally speaking, flat is a British term, while apartment is an American term. They both refer to a housing unit that occupies part of a building, generally on a single story.

However, for some speakers, there's further distinction: the word apartment is reserved for more luxurious units, sometimes occupying more than one floor; while flat applies to more economical apartments, exclusively arranged on a single level–hence the name.

7

Absolute pants

Credit: Robert Gramner

Another classic example when it comes to the differences between British and American English, this one could cause some embarrassment if it catches you off guard. In the UK, the word pants refers to underwear, particularly boxer shorts. For pants, they use the word trousers.

Pants is the shortened form of pantaloons, which itself derives from Pantaloon, the name of a stock character in Italian theater. Pantaloon had skinny legs and wore long pants to cover them. Trousers, on the other hand, comes from trews, a form of traditional men's garment from the Scottish Highlands.

8

Football

Credit: Rémi Müller

The source of endless battles among English speakers, football means two completely different things for American and British audiences. The debate around the nature of true football is heated, and it involves quite a bit of national pride. As a matter of fact, both sports are related: They share a common ancestor, and football is their last name.

Soccer is derived from association, and association football is the full name of the sport. In the UK, it's called just football. It's extremely popular worldwide and, since 2009, the UEFA Champion's League men's final has been the most watched sports event in the world.

Outside the United States, most English-speaking countries refer to the sport played during Super Bowl Sunday as American football. The term gridiron football is also sometimes used, albeit seldomly, based on the characteristic marks on the playing field.

9

Autumn leaves fall

Credit: Matt

Both autumn and fall are used to refer to the season between summer and winter in which leaves fall and pumpkin spice lattes blossom. However, autumn is much preferred for British speakers, while Americans usually refer to it as fall.

Both terms are quite common and, even if it's just from hearing it in movies, most people in the UK will understand if you use the word fall to talk about the season, even if it takes a few tries.

10

Full stop, period

Credit: Jan Kahánek

This might come as a surprise, but British and American speakers have different terms for that little dot that marks the end of a sentence. The period, as it's called in America, is referred to as a full stop across the pond. It's one of those unexpected differences between these two branches of English, and one that can actually hinder fluid communication if you are not aware of it.

Even if it's not immediately understood as the name of the punctuation mark, the word period, as an interjection meaning "that's all," is slowly winning territory in British everyday language.

Looking for an extra scoop of literary fun?

Learn more with our Word of the day

hinder

/ˈhɪndər/