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.
Affidavit
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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.
Deposition
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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.
Amicus curiae
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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.
Class action
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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.
Appeal
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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.
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.
Adjudication
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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.
Impeachment
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"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.
Arbitration
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"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.
Per curiam
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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.
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.
Trustee
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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.