Legal Glossary
Definitions for legal terms you will encounter when hiring a lawyer or navigating the legal system.
A
Arbitration
A dispute resolution process where a neutral arbitrator hears evidence and makes a binding decision, similar to a private trial.
Attorney-Client Privilege
A legal rule that protects confidential communications between a lawyer and their client from disclosure.
Appeal
A request to a higher court to review and change the decision of a lower court based on legal errors.
Affidavit
A written statement of facts made under oath, signed before a notary public or authorized officer.
Arraignment
A court proceeding where a criminal defendant is formally charged and enters a plea of guilty, not guilty, or no contest.
B
C
Contingency Fee
A fee arrangement where the lawyer only gets paid if you win your case, typically taking 33-40% of the settlement or verdict.
Class Action
A lawsuit filed on behalf of a group of people who suffered similar harm from the same defendant.
Cause of Action
The legal basis or theory under which a plaintiff files a lawsuit, establishing the right to sue.
D
Deposition
Sworn, out-of-court testimony given by a witness or party, recorded by a court reporter, as part of the discovery process.
Discovery
The pre-trial process where both sides exchange information, documents, and evidence relevant to the case.
Damages
Monetary compensation awarded to an injured party in a civil lawsuit to compensate for losses suffered.
Due Diligence
The investigation and analysis performed before entering a business transaction, investment, or legal agreement.
Defendant
The person or entity being sued in a civil lawsuit or accused of a crime in a criminal case.
Default Judgment
A court ruling in favor of the plaintiff when the defendant fails to respond to a lawsuit within the required timeframe.
Discovery Rule
A legal doctrine that delays the start of the statute of limitations until the plaintiff knew or should have known about the injury.
E
Escrow
A neutral third-party arrangement where money or documents are held until specific conditions of a transaction are met.
Eminent Domain
The government's power to take private property for public use, with the requirement of just compensation to the owner.
Executor
The person named in a will to manage the deceased's estate, pay debts, and distribute assets according to the will's instructions.
F
Flat Fee
A fixed price for a specific legal service, agreed upon in advance regardless of how much time the work actually takes.
Fee Agreement
A written contract between attorney and client specifying how legal fees will be calculated, billed, and paid.
Fiduciary Duty
The highest legal duty of care, requiring a person to act in the best interest of another party.
G
H
I
Injunction
A court order requiring a party to do or stop doing a specific action, issued to prevent irreparable harm.
Indictment
A formal criminal charge issued by a grand jury after reviewing evidence presented by the prosecutor.
Interrogatories
Written questions sent by one party to another during discovery that must be answered under oath within a specified timeframe.
IOLTA
Interest on Lawyers' Trust Accounts — a program where interest earned on client funds held in attorney trust accounts is used to fund legal aid services.
J
L
Legal Aid
Free or low-cost legal services provided to low-income individuals through government-funded or nonprofit organizations.
Litigation
The process of resolving disputes through the court system, including filing lawsuits, discovery, and trial.
Lien
A legal claim against property or settlement proceeds to secure payment of a debt or obligation.
Liability
Legal responsibility for one's actions or omissions that cause harm to another person or their property.
M
Mediation
A voluntary dispute resolution process where a neutral third party helps both sides negotiate a settlement.
Malpractice
Professional negligence where a professional fails to meet the standard of care expected in their field, causing harm.
Motion
A formal request asking the court to make a specific ruling or order on a legal issue in a case.
N
Negligence
Failure to exercise reasonable care that results in harm to another person, forming the basis of most personal injury claims.
Notarization
The official process of having a notary public verify the identity of document signers and witness their signatures.
Non-Compete Agreement
A contract restricting an employee from working for competitors or starting a competing business for a specified time and geographic area after leaving a job.
P
Pro Bono
Legal services provided free of charge, typically for clients who cannot afford representation.
Public Defender
A government-employed attorney who represents people charged with crimes who cannot afford to hire a private lawyer.
Power of Attorney
A legal document authorizing someone to act on your behalf in financial, medical, or legal matters.
Plea Bargain
An agreement in criminal cases where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
Plaintiff
The person or entity who initiates a civil lawsuit by filing a complaint against the defendant.
Precedent
A prior court decision that establishes a legal principle or rule that subsequent courts follow when deciding similar cases.
Probation
A court-ordered period of supervised release that allows a convicted person to serve their sentence in the community instead of prison.
Pro Se
Representing yourself in legal proceedings without an attorney, also known as self-representation.
S
Settlement
An agreement to resolve a legal dispute without going to trial, where the defendant pays the plaintiff an agreed amount.
Statute of Limitations
The legal deadline for filing a lawsuit or criminal charges, varying by case type and state.
Subpoena
A legal order compelling a person to testify as a witness or produce documents in a legal proceeding.
Summons
An official court document notifying a person that they are being sued and must respond within a specified time or face a default judgment.
Statute
A written law enacted by a legislative body (Congress, state legislature, or city council) that establishes legal rules and requirements.
T
V
Verdict
The formal decision made by a jury or judge at the conclusion of a trial determining the outcome of a case.
Venue
The specific geographic location or courthouse where a legal case is heard, determined by rules about where the events occurred or where parties reside.
Voir Dire
The jury selection process where attorneys and the judge question potential jurors to identify bias and select an impartial jury.
W
Work Product Doctrine
A legal protection that shields documents and materials prepared by an attorney in anticipation of litigation from being discovered by the opposing party.
Waiver
The voluntary relinquishment of a known legal right, often documented in writing.
Wrongful Termination
An employment termination that violates federal or state laws, employment contracts, or public policy.