This post is going specialized for lawyers. The list will contain the most important legal terms in alphabetical order. Each word will contain a definition and an example sentence.
ACCESSORY
A person who in some manner is connected with a crime, either before or after its perpetration, but who is not present at the time the crime is committed.
- For example, Joe gives Josh the blue-prints to a bank. Afterwards, Jane allows Josh to hide the money at her apartment. Both Jane and Joe are accessories to the robbery.
ACCOMPLICE
One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime as a principal, accessory, or aider or abettor.
- In a bank robbery for example, the person who helps break open the vault or the person watching the hostages would be considered an accomplice.
ACCORD
A settlement agreed upon between the parties in a lawsuit for something other than what is claimed to be due, and which bars subsequent actions on the claim.
- For example, in a claim over a house, a party may agree to pay another a certain amount of money to settle the claim over the house.
ACCORD AND SATISFACTION
A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim something different from or less than that which the creditor is claiming or entitle to. The accord is “the agreement” and the satisfaction is “the execution and a new contract.”
- For example, a person going through a divorce is threatened with a lawsuit. Unable to deal with more legal issues; the divorcee talks to the other party and offers to pay a small fine. After both parties sign the statement and the amount is paid, the accord and satisfaction is complete. If the other person threatens to sue, the divorcee would show the accord and satisfaction to a judge and the judge would not allow any more money to be collected.
ACCUSED
1. A person charged with having committed a crime or misdemeanor. 2. A defendant in a criminal proceeding.
- O.J. Simpson was charged with the murder of his wife and was therefore the accused. He was then put on trial for the murder and, as the defendant, was the accused in the trial.
ACKNOWLEDGMENT
1. A statement of acceptance of responsibility. 2. The short declaration at the end of a writing showing that the instrument was duly executed and acknowledged.
- For example, usually at the end of a legal document, a notary public verifies that the signer of the document states that all parties actually signed the document. The parties signing the document present a driver’s license to the notary public who will then sign and stamp that section of the document deemed “the acknowledgment.”
ACQUIT
To set free or discharge form an accusation of guilt of a crime or responsibility for a civil liability.
- A jury may acquit a defendant charged with armed robbery by finding him or her not guilty of the charge.
ACQUITTAL
In criminal law, a verdict of not guilty. In contract law, a release, absolution, or discharge from an obligation, liability, or engagement. Acquittal is a noun which is distinguished from the verb “acquit.”
- The U.S. media found O.J. Simpson’s acquittal astonishing.
ACTION
Case, cause, suit or controversy disputed or contested before a court of justice. Also termed action at law. Action is used more often for civil lawsuits than for criminal cases.
- A criminal action is a proceeding initiated by the government to punish a person or entity for a crime.
AD DAMNNUM
Latin for “to the damage.” A formal claim for damages in a pleading: typically a clause of a pleading alleging amount of loss or injury from the defendant.
- In a civil claim for car damage, the plaintiff’s ad damnum may request the court award the plaintiff twenty-five thousand dollars ($25,000) for the damage sustained due to the defendant’s actions.
AD LITEM
Latin for “for the purposes of the legal action.” It refers to the appointment by the court of one party to act in a legal action on behalf of another party.
- A guardian ad litem is a person appointed by the court to protect the interests of minors or legally incompetent persons in legal actions.
ADDITUR
An increase by the court in the amount of damages awarded by a jury.
- A jury awarded ten thousand dollars ($10,000) to a fifty-year-old man who had been employed as a mechanic until he was permanently disabled at work. The judge awarded an additur of one hundred and fifty thousand dollars ($150,000), which resulted in a total award of one hundred and sixty thousand dollars ($160,000).
ADVERSARY
The opposite party in an action.
- The defendant is the plaintiff’s adversary.
AFFIDAVIT
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- In criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.
ATTORNEY-AT-LAW
An advocate, counsel, or official agent employed in preparing, managing and trying cases in court. Attorney-at-law is the official name for a lawyer in the United States; in England they are called solicitors.
- An attorney-at-law was consulted for the initial drafting of the legal document.
BAIL
The amount of cash required to obtain the release of an accused from law enforcement custody while his or her case progressives.
- The defendant was released after his sister sold her car and posted the three thousand dollar ($3,000) bail.
BANKRUPTCY
Judicial proceedings by which most debts owed by a person found to be insolvent is relived of liability for his or her debts by making court-approved arrangements for partial repayment.
Debts may be extinguished, reduced or the payment of which may be delayed.
Bankruptcy judges preside over these proceedings; the person with the debts is called the debtor; and the people or companies to whom the debtor owes money to are called creditors.
- Despite the lawyers’ advice, his client filed for bankruptcy, which later ruined his credit report.
BATTERY
A crime (and the basis for a tort) involving intentional and nonconsensual contact with another person’s body or something attached or considered to be apart of them, including clothing or an umbrella.
- The subway rider was sued for battery after the fight.
CAPITAL CRIME
A crime punishable by a life sentence in prison or death.
- Charles Manson was tried and convicted of capital crimes after he and his followers heinously murdered a number of people.
CAPITAL PUNISHMENT
The legal imposition of a sentence of execution for a criminal offense. Also known as DEATY PENALTY.
- The jury found the defendant guilty and imposed capital punishment.
CAVEAT
1. A warning or caution. The judge issued a caveat to the defense attorney to keep his questions simple. 2. A formal notice to a judge, public officer or court to postpone a proceeding until the merits of the notice is determined or the notifier has an opportunity to be heard. The party who files the caveat is known as the caveator.
- In bankruptcy court, a creditor may file a caveat to be notified if anything is filed in their debtor’s case.
CHAIN OF CUSTODY
The chronological order of the places where and persons with whom tangible evidence is located from the moment it is received in custody until it is offered as evidence in court. This process aims to ensure evidence is not tampered with and therefore must be followed for the evidence to be accepted in court.
- A state statute may define a chain of custody to include the seizing officer, the packaging officer and the chemist or other person who touched the piece of evidence before it was analyzed.
DAMAGES
The money awarded by a court to a claimant as compensation or imposed as a punishment for a financial loss or injury to person, property or rights.
Damages are distinguishable from costs, which are the expenses incurred as a result of bringing a lawsuit and which the court may order the losing party to pay.
Damages also differ from the verdict, which is the final decision issued by a jury. See also COMPENSATORY DAMAGES, PUNITIVE DAMAGES.
- Mary hired Tom to fix her toilet. The work Tom did caused flooding and ruined Mary’s carpet. The judge awarded Mary damages to cover the cost of fixing the toilet and replacing the carpet.
DEPOSITION
1. In litigation, a pretrial discovery proceeding outside the courtroom in which a party or witness gives sworn testimony under oath before a court reporter in response to written interrogatories and where there is an opportunity for cross-examination. 2. The written document created by the court reporter as a result of this pretrial discovery proceeding.
- A deposition usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said. Questions are asked and answered orally as if in court, with opportunity given to the adversary to cross–examine.
DOMESTIC VIOLENCE
An assault committed by an individual against a household member, or someone with whom they have a familial or intimate relationship.
- Yoshi’s son (Sako) was charged with domestic violence after punching Yoshi in the chest.
DOUBLE JEOPARDY
The constitutional prohibition under the Fifth (5th) Amendment against a person being put on trial more than once for the same offense after acquittal or conviction or multiple punishments for the same offense.
- A defendant took a car without permission and later returns it to the victim. The defendant in court pleads guilty to joyriding. Next, the prosecutor seeks to charge the defendant with auto theft. For double jeopardy purposes, joyriding and car theft are charges for the same offense of illegal use of a vehicle. Since a defendant cannot receive multiple punishments for the same offense, these new charges would be prohibited by double jeopardy.
FOURTH AMENDMENT
The 4th Amendment of the U.S. Constitution protects United States citizens from searches and seizures which are not based on probable cause.
- The Fourth Amendment reads, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
HOMICIDE
The killing of one human being by another. Homicide is broader in scope than murder.
- Justifiable homicide is the killing of a human excused by the law as necessary, such as in the case of self-defense; vehicular homicide is the killing of another by operation of a motor vehicle.
IN FORMA PAUPERIS
Latin for “in the manner of a pauper.” A designation granted to a party to a lawsuit who does not have funds to pursue a lawsuit or criminal defense which allows court fees to be waived.
- In forma pauperis is typically awarded by a judge without a hearing and waives normal court costs. However, the costs of case preparation, such as depositions, are not covered.
INNOCENT UNTIL PROVEN GUILTY
The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime.
This principle requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove their innocence.
- The inmate was still considered to be innocent until proven guilty because the jury had not yet returned a verdict.
JAIL
A place of confinement, which is smaller than a prison and usually holds persons convicted of misdemeanors or persons awaiting trial.
- The teenager was arrested and taken to jail to await his arraignment on theft charges.
JEOPARDY
The condition of a person charged with a crime and thus in danger of conviction and punishment.
- The defendant was in jeopardy after he was charged with fifteen (15) counts of larceny.
JUDGE
An elected or an appointed public official with the authority to hear and decide cases in a court of law.
- A judge controls the proceedings in the courtroom and decides the questions of law.
JUROR
Any person who actually serves as a member of the jury.
- The juror was treated to a free breakfast and free lunch as well as paid the minimum hourly wage for their civil service in determining if the defendant was guilty or not guilty.
MIRANDA RIGHTS
Requirement that police inform a suspect in their custody of his or her constitutional rights before they question him or her: specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires. Also known as MIRANDA WARNING.
- Prior to the time of arrest and any interrogation, the suspect was read his Miranda rights.
MOOT
A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
- For example, if an individual sues his employer for his termination and the employer rehires the employee the claim becomes moot because the termination has been revoked.
NOT GUILTY
1. The form of verdict in criminal cases where the judge or jury finds that the prosecution has not proven the defendant to be guilty of a crime beyond a reasonable doubt or that the accused was insane at the time the crime was committed.
- Because the prosecution failed to prove that the defendant was present during the crime, the jury found her not guilty. 2. A plea entered by a defendant in a criminal or civil case denying blame for the charges brought against them. For example, the defendant pled not guilty to all 10 charges of petty theft.
OATH
1. Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular act, either truthfully or faithfully. 2. A solemn declaration of truth or obligation.
- The witness took an oath before the court to tell the truth, the whole truth and nothing but the truth.
PETTY OFFENSE
An offense for which the authorized penalty does not exceed imprisonment for three (3) months or a fine of five hundred dollars ($500).
- Tom’s parking tickets were considered to be a petty offense.
PLAINTIFF
A person who initiates a lawsuit against another. See also complainant.
- In the landmark Supreme Court case Citizens United vs. Federal Elections Commission, Citizens United was the plaintiff.
PLEA BARGAIN
1. A negotiation whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. Usually involves the defendant’s pleading guilty to a lesser offense or to a lesser number of offenses.
- During the plea bargain, the defendant agreed to plead guilty in exchange for a reduced sentence. 2. The result of the negotiation between the offender and the state. For example, as part of his plea bargain, the defendant also agreed to stay away from the store he attempted to rob.
RECORD
All the documents, evidence and transcripts of oral proceedings in a case.
- The judge examined the record before the start of the hearing.
RETAINER
1. A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services.
- The attorney required the new client to sign a retainer before any more work would be done on the case. 2. The fee the client pays when he or she retains the attorney to act for him or her. For example, the lawyer set the retainer at five thousand dollars ($5,000).
SMALL CLAIMS COURT
A special court that handles expeditious and inexpensive civil claims for small amounts of money. Also known as CONCILIATION COURT.
- Both parties represented themselves rather than hiring an attorney for the small claims court.
SPEEDY TRIAL
For criminal prosecutions, the defendant has a right to demand a trial within a reasonably short period of time.
- The right of an accused to a speedy trial as guaranteed by the 6th Amendment of the United States Constitution.
TESTIMONY
Oral evidence offered by a witness under oath, which is used to establish some fact or set of facts. Testimony is distinguishable from evidence that is acquired through the use of written sources, such as documents.
- The witness’s testimony was used to convict the criminal of the charges brought against them.
UNCONSTITUTIONAL
That which is contrary to or in conflict with the federal or state constitutions.
- For example, laws that gave tax breaks only to African Americans were deemed unconstitutional.
VERDICT
The opinion of a jury, or a judge where there is no jury, on the factual issues of a case.
- The jury returned a verdict of not guilty.
WARRANT
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
- For example, the judge issued a warrant for the respondent’s arrest after he failed to appear for the civil protection order hearing.
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One cannot do without encountering the law at least some time or the other. Either personally or through the news, we hear discussions about several cases and crimes. In such a proactive scenario, we, the commoners who haven’t studied the law, should know some of the basic legal terms. This glossary will give you a peek into some of the terms that usually occur in the newspaper r news channels.
Not that the commoners need to use these words on a daily basis, but it is important to stay up-to-date with the current affairs. To do that, we all should have fundamental legal terms. Some of them are frequently used in the courtroom too! Hopefully, you don’t ever have to visit one, but it could sure come in handy when you speak to friends. Moreover, knowing these terms means that if you ever have to consult or lawyer, if there is something wrong going on, you will know how to handle the situation.
1. Third-Party
Many of us might have already heard of this word, but we should not miss it out on this comprehensive glossary of legal terms. When one person/company is directly not involved in a case, but rather have an indirect involvement in a case, they become a third-party.
2. Solicitor
Not many people use this term in today’s day, but you could still come across it. A solicitor is another name for a lawyer. Such lawyers usually deal with cases relating to businesses.
3. Depose
Depose has its use even outside the law, but we shall cover the meaning that people use legally. It means to “testify to or give (evidence) under oath, typically in a written statement.”
4. Felony
Most of you learners might already know the meaning of this legal term since it reoccurs in the newspaper time and again. It refers to a serious crime. The punishment of such crimes is usually grave, more like death, or several years of jail. Homicide, rape, robberies of a substantial amount, murder, etc. are examples of the gravity of the crime that makes the criminal a felon.
5. The Bar
The bar is a wooden or metal barricade. It separates the waiting area from the place where civilians stand before the judge for their hearing. Ahead of the bar is a place where one stands for the judgment, and one is not allowed to go further than there. Sometimes, a case that requires collective judgment by several judges is also called The Bar.
6. Consent Order
Many times, a case does not go to the court, and rather finds settlement outside the courtroom. In such cases, the lawyers/counsels of all involved parties prepare a consent order. It contains all the points that both parties agree to include and abide by. It requires a court stamp in order to be legal.
7. Submissions
It is not like we haven’t heard the word submissions before. But in the legal terms glossary, a submission takes place before the judge. It is the points/arguments one puts forth in the courtroom. Although not all submissions in the law take place in the courtroom. During times when one cannot present themselves in the court, they can also send in a written submission.
8. Registry
Not all decisions take place on the same day. Therefore, one may have to revisit the court for collecting the documents. The registry is where one can find all documents or other related papers in designated case files. Several clerks work at the registry with different case files such as marital cases, criminal cases, etc.
9. Demurrer
Several times, people file false cases against people. In such cases, the receiving party can file a demurrer, claiming that the facts mentioned in the case aren’t true. The judge then gives the party a chance to make amendments in the case with the facts that they think are true. After proper fact-checking and reviewal, the judge can choose to reject or accept the demurrer.
10. Default
When a person does not intentionally or unintentionally respond to a court’s order or notice, the law terms it as a Default. The person who does so is a defaulted, who either does not respond to the notice in writing or fails to appear in court.
11. Magistrate
A magistrate is not exactly the judge but takes decisions like the judge in some instances. There are different magistrates to handle different categories of cases, like family, corporate, etc.
12. Witness
Those who have to stand before the judge to give statements about the event in question is a witness. They have to speak what they saw, heard, or know about the case and the people involved. It is one of the most important words from our legal terms glossary.
10 English Sayings that Learners will find Hilarious, Yet Interesting!
В этом материале мы собрали распространенные юридические термины, которые будут полезны не только для юристов.
Даже если вы работаете в другой сфере, вы наверняка встречаете множество слов из юриспруденции, которые используются настолько часто, что уже вошли в нашу повседневную жизнь.
Отрасли права (Branches of Law):
- Civil Law – гражданское право
- Family Law – семейное право
- Law of succession — наследственное право
- Property Law – имущественное право
- Real Estate Law — нормы права о недвижимости
- Contract Law – договорное право
- Administrative Law – административное право
- Constitutional Law – конституционное право
- Tax Law – налоговое право
- International Law – международное право
- Business (Corporate) Law — корпоративное право
- Criminal Law – уголовное право
- Intellectual Property Law – нормы права об интеллектуальной собственности
GENERAL LEGAL TERMS. ОБЩИЕ ЮРИДИЧЕСКИЕ ПОНЯТИЯ
| crime | преступление |
| criminal | преступник, преступность |
| investigator | следователь |
| judge [‘ʤʌʤ] | судья |
| justice [‘ʤʌstɪs] | правосудие, юстиция |
| law and order | законность и правопорядок |
| law office | юридическая фирма |
| lawyer [‘lɔɪə], [‘lɔːjə] | юрист; адвокат |
| legislation in force [ˌleʤɪ’sleɪʃ(ə)n] | действующее законодательство |
| notary | нотариус |
| notary office | нотариальная контора |
| procurator [‘prɔkjuəreɪtə] | прокурор |
| procurator’s office | прокуратура |
| public order | общественный порядок |
| punishment | наказание |
| the Bar | адвокатура |
| to commit a crime | совершать преступление |
| to investigate | расследовать |
| to prevent a crime | предотвратить преступление |
| to punish | наказывать |
CORPORATE LAW. КОРПОРАТИВНОЕ ПРАВО
| annual dividend [‘ænjuəl] | годовой дивиденд |
| block of shares | пакет акций |
| business law / commercial law | торговое право |
| closely held corporation | корпорация закрытого типа |
| controlling shareholder / majority shareholder | держатель контрольного пакета акций |
| de facto corporation | юридически не оформленная корпорация |
| double taxation | двойное налогообложение |
| hostile takeover [‘hɔstaɪl] | враждебное поглощение |
| insider trading | покупка (акций) осведомленным лицом |
| limited liability [ˌlaɪə’bɪlətɪ] | ограниченная ответственность |
| lock-up | капитал, помещенный в труднореализуемые активы |
| mergers and acquisitions (M&A) [ˌækwɪˈzɪʃənz] | слияния и поглощения |
| municipal corporation [mjuː’nɪsɪp(ə)l] | муниципальная корпорация |
| nonprofit organization | некоммерческая организация |
| private corporation | частная корпорация |
| profits and losses | прибыли и убытки |
| public corporation | акционерное общество открытого типа |
| to issue shares [‘ɪʃuː] | выпускать акции |
| to pay taxes | выплачивать налоги |
| to run a business | вести дело, управлять предприятием |
| to transfer property | передавать имущество |
| transnational corporation | транснациональная корпорация |
CONTRACT LAW. ДОГОВОРНОЕ ПРАВО
| acceptance [ək’septən(t)s] | акцепт, акцептование |
| bilateral contract [baɪ’læt(ə)r(ə)l] | двусторонний контракт |
| binding contract [‘baɪndɪŋ] | юридически обязательный договор |
| contractual obligation [kən’trækʧuəl] | договорное обязательство |
| contractual relationship | договорные отношения |
| counteroffer | встречное предложение |
| formal contract | оформленный договор; формальный договор |
| informal contract | неоформленный договор |
| legal consequences [ˈkɔnsɪkwənsɪz] | правовые, юридические последствия |
| legally bound [baund] | юридически обязанный |
| mutual assent | взаимное согласие |
| offer | оферта |
| offeree | адресат оферты |
| offeror | оферент; лицо, делающее предложение |
| rejection | отклонение, отказ |
| to revoke | отменять, аннулировать |
| under seal | скрепленный печатью |
| unilateral contract [ˌjuːnɪ’læt(ə)r(ə)l] | односторонняя сделка |
| valid contract [‘vælɪd] | действительный договор |
REAL ESTATE LAW. НОРМЫ ПРАВА О НЕДВИЖИМОСТИ
| estate | имущество |
| exclusive possession [pə’zeʃ(ə)n] | исключительное владение |
| landlady | домовладелица (владелица дома, квартиры или земельного участка, сдаваемых внаём) |
| landlord | арендодатель, домовладелец |
| lease [liːs] | договор об аренде |
| leasehold | владение на правах аренды |
| licence [‘laɪs(ə)n(t)s] | разрешение; лицензия |
| owner [‘əunə] | владелец; собственник |
| rent | арендная плата |
| sublease [‘sʌbliːs] | субаренда; поднаём |
| tenant [‘tenənt] | арендатор |
| trespass | нарушение владения (с причинением вреда) |
| trespasser [‘trespəsə] | лицо, вторгающееся в чьи-л. владения |
INTELLECTUAL PROPERTY LAW. НОРМЫ ПРАВА ОБ ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ
| confirmation patent [ˌkɔnfə’meɪʃ(ə)n] | подтвержденный патент |
| copyright | копирайт, авторское право |
| copyright holder | владелец авторского права |
| copyright offence | нарушение авторского права |
| copyright work | произведение, охраняемое авторским правом |
| government subsidy [‘sʌbsɪdɪ] | государственная дотация |
| industrial application | промышленное применение |
| licence fee | лицензионное вознаграждение |
| patent assignment [ə’saɪnmənt] | передача патента |
| patentee | патентовладелец |
| patent holder | патентообладатель |
| patent in force | действующий патент |
| patent infringement [ɪn’frɪnʤmənt] | нарушение патента, нарушение патентного права |
| patent rights | патентные права |
| patent term | срок действия патента |
| to apply for a patent / to file a patent application | подавать заявку на патент |
| to issue (sb) a licence / to grant a licence | предоставить лицензию |
| to renew a licence | обновлять лицензию |
| trademark | товарный знак |
| void patent | утративший силу патент |
| under licence | по лицензии |
COURT SYSTEM. СУДЕБНАЯ СИСТЕМА
| a criminal case | уголовное дело |
| a criminal court | уголовный суд |
| a grave crime | тяжкое преступление |
| at a trial | на суде |
| charge [ʧɑːʤ] | обвинение |
| court [kɔːt] | суд, судебное заседание; участвующие в судебном заседании юристы и присяжные |
| custody [‘kʌstədɪ] | содержание под стражей |
| defendant [dɪ’fendənt] | ответчик, обвиняемый, подсудимый |
| evidence | улика; свидетельское показание |
| guilty [‘gɪltɪ] | виновный |
| indictment [ɪn’daɪtmənt] | обвинительный акт |
| juror / jury member [‘ʤuərə] | присяжный |
| jury [‘ʤuərɪ] | присяжные, суд присяжных |
| juvenile [‘ʤuːv(ə)naɪl], [‘ʤuːvɪnaɪl] | несовершеннолетний |
| law [lɔː] | закон, право, юриспруденция |
| legal action / suit [‘liːg(ə)l] | судебный иск, тяжба |
| offence | преступление, правонарушение |
| offender | преступник, правонарушитель |
| petty crime [‘petɪ] | малозначительное преступление |
| suspect [‘sʌspekt] | подозреваемый |
| the accused | обвиняемый, обвиняемые |
| the courts | судебные органы |
| to accuse (of) [ə’kjuːz] | выдвинуть обвинение, обвинять |
| to indict somebody [ɪn’daɪt] | предъявлять официальное обвинение |
| to serve / sit on a jury | быть членом суда присяжных |
| to try | судить |
| trial [‘traɪəl] | судебное разбирательство; судебный процесс, суд |
CRIMINAL LAW. УГОЛОВНОЕ ПРАВО
| arson [‘ɑːs(ə)n] | поджог |
| a wrong | правонарушение |
| a wrongdoer [‘rɔŋˌduːə] | правонарушитель |
| breach of the law | нарушение закона |
| bribery [‘braɪbərɪ] | взяточничество |
| burglary [‘bɜːglərɪ] | кража со взломом |
| caution [‘kɔːʃ(ə)n] | предупреждение |
| deterrent [dɪ’ter(ə)nt] | удерживающее, сдерживающее средство |
| endeavour [ɪn’devə], [en-] | предприятие; попытка; покушение, посягательство |
| felony [‘felənɪ] | тяжкое уголовное преступление |
| forgery [‘fɔːʤ(ə)rɪ] | подделка; фальшивка |
| larceny [‘lɑːs(ə)nɪ] | воровство, кража |
| law-abiding [‘lɔːəˌbaɪdɪŋ] | законопослушный |
| misdeed | преступление, злодеяние |
| misdemeanor [ˌmɪsdɪ’miːnə] | мелкое правонарушение |
| murder [‘mɜːdə] | убийство |
| omission [ə’mɪʃ(ə)n] | бездействие |
| penalty [‘pen(ə)ltɪ] | наказание, штраф |
| prohibited | запрещенный |
| rape | изнасилование |
| to betray [bɪ’treɪ] | предавать, изменять |
| to impose punishment [ɪm’pəuz] | налагать наказание |
| treason [‘triːz(ə)n] | измена, предательство |
| vengeance [‘venʤ(ə)n(t)s] | месть |
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A
Adjudication: The final order, pronouncement or judgment of a court or other tribunal.
Adjuster: An employee or agent of an insurance company who handles a casualty claim.
Admission: A statement or confession by a party to a lawsuit acknowledging that certain facts which may be against his interests are true.
Advocate: One who renders legal advice, assistance or argues on behalf of a party before a court or tribunal; a lawyer.
Affidavit: A written statement or declaration made under oath before a notary or other person authorized to certify the statement.
Affirmation: A declaration acknowledging that the person will tell the truth under penalty of perjury. Affirmations may be made by individuals who object to taking an oath on religious grounds.
Affirmative Defense: A written defense to a lawsuit which does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to judgment based upon legal or equitable principles, even if the allegations are true.
Allegation: A statement or declaration of fact that a party expects to prove, generally set out in a pleading (complaint).
Allege: To state, assert or declare.
Amendment: A change or addition which improves or supplements another written document.
Amicable: Friendly; mutually agreed to, as a settlement.
Appraisal: A valuation of property by a disinterested party who is qualified to do so (appraiser).
Arbitration: The process through which a controversy is submitted to an impartial person called an arbitrator, to resolve a dispute outside of the court system.
Arbitration Clause: A provision in a contract providing for arbitration in lieu of a court action.
Attest: To affirm to be true; to act as a witness by signing.
Attorney: One licensed to practice law under state rules (admitted to the bar); an agent appointed to act in place of another; an advocate.
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B
Bad Faith: Willful or dishonest conduct in a situation where a party owes a financial or other duty to a third party.
Brain Mapping Brain Electrical Mapping (BEAM) is a Version of EEG which permits computerized analysis of the brains electrical activity. BEAM actually creates a picture of the EEG results.
Breach Of Contract: Failure, without legal excuse, to perform a duty required under a contract.
Burden Of Proof: The duty of a moving party to establish an allegation or principal issue in a civil or criminal complaint, generally either by the greater weight of the evidence, or beyond a reasonable doubt.
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C
Carrier: One engaged in the transportation of goods or freight; an insurance company.
Case Law: Reported court decisions forming the body of jurisprudence.
Cause Of Action: A claim which will support a valid lawsuit; the lawsuit itself.
Certify: To make known or establish as a fact; to declare in writing.
Chambers: A judges private office, where a hearing can be conducted.
Check: A draft or order to pay money.
Circumstantial Evidence: Indirect or secondary evidence through which a fact may be proved by inference.
Civil Action: A lawsuit outside of the criminal justice system, seeking redress or an award of damage for a civil wrong.
Civil Procedure: The rules that regulate practice before a civil court.
Civil Rights: The right to enjoy life, liberty and the pursuit of happiness, including such constitutional rights as free expression and religion, without discrimination in treatment by reason of race, color, sex, age, religion, previous condition of servitude or national origin.
Claim: An asserted right to money, property or relief.
Claimant: A party asserting or presenting a claim.
Class Action: A lawsuit brought by a limited number of members on behalf of a larger group, all of whom share a common right or damage.
Clause: A paragraph or subdivision of a legal document such as a contract.
Clerk Of Court: An officer of the court who has clerical duties, including record keeping, filing and making certified copies.
Code: A compilation or collection of laws and statutes.
Comparative Negligence: The doctrine providing that any award for injury caused by a defendant is reduced proportionately by the plaintiffs relative degree of negligence.
Compensatory Damages: An award of monetary damages intended to compensate a plaintiff for economic and non-economic losses sustained as a result of another’s negligence, breach of contract or misfeasance.
Competent: Having the ability to understand the nature and consequences of ones actions.
Complaint: The initial pleading filed in a lawsuit by the plaintiff setting out the facts upon which the claim is based.
Conclusion Of Fact: The inference drawn by a jury or the decider of fact based upon the evidence.
Confidential Communication: A communication not intended to be disclosed to third parties, as between a lawyer and client.
Confidential Relationship: A fiduciary or other relationship which requires the utmost of good faith, and often, an understanding that communications between the parties are private.
Consideration: Something of real value given in return for performance or the promise of performance, which induces a party to make an agreement or enter into a binding contract.
Consolidate: To join together, as several lawsuits with identical parties or issues.
Consortium: Affection, company and sexual relations between spouses.
Contingency Fee: A fee paid to an attorney conditioned on a successful recovery in a negligence claim, based on a percentage of the recovery.
Continuance: A temporary stay or postponement of a legal proceeding.
Contributory Negligence: The doctrine under which one cannot recover for personal injury when ones own negligence contributed to the cause of the injury. This doctrine has by and large been replaced with the doctrine of comparative negligence.
Costs: Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.
Counterclaim: A claim filed by the defendant against a plaintiff as part of defendants response to a lawsuit.
Court: Subject to state or federal law, in distinction to limited or special jurisdiction courts which can hear only a defined class or type of case.
Court Calendar: The schedule of cases pending before the court.
Court Order: Any judgment or order of any court of appropriate jurisdiction.
Court Reporter: Person certified to transcribe by shorthand or stenographic means any court proceeding or pre-trial matter.
Credible: Worthy of belief.
Cross-Claim: A lawsuit filed by one defendant in a lawsuit against another defendant in the same lawsuit.
Cross-Examination: The questioning of a witness at trial or deposition by the adverse party.
CT Scan: first introduced in 1973, CT Scans (Computed Tomography) and CAT Scans (Computed Axial Tomography) have rocketed in use and have evolved in capability and utilization.
During CT Scan, a series of x-ray beams pass through an area of the body and the extent to which the body tissues absorb the x-rays are thereupon measured. A computer transforms these measurements into two-dimensional anatomic slices of high-resolution quality.
One of the benefits of CT is the enhanced detail over regular x-rays. CT is able to depict portions of the body impossible to obtain by mere x-ray, and does so at ten to thirty times the detail of regular x-ray.
Other advantages of Computed Tomography include its cost effectiveness (when compared to MRI), and its ability to differentiate between soft tissue damage without regard to nearby structures on the image itself.
CT Scans are the diagnostic tools of choice for brain trauma due to their ability to capture collections of blood (hematoma), cerebral contusions (bruises), fractures, and edema (swelling).
As with x-ray, CT Scans are not limited for use in any one area of the body, but are used throughout.
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D
Damages: Monetary compensation awarded/awardable to a party injured as a result of a breach of contract or a negligent act; the injury sustained due to misfeasance, negligence or breach of contract.
Default: Failure to pay or discharge a duty.
Default Judgment: A judgment against a defendant who has failed to respond or otherwise appear in a lawsuit.
Defendant: In a civil proceeding, the party being sued; in criminal proceedings, the accused.
Deliberation: A process by which jurors reach a verdict; the act of weighing and examining evidence.
Demand: Assert a legal right; claim.
Demand Note: A written document evidencing indebtedness which is payable upon demand or presentation.
Deponent: A witness who gives testimony under oath at a deposition; an affiant.
Deposition: The giving of testimony and cross-examination of witnesses before trial. Ordinarily a deposition is stenographically transcribed and recorded for later use.
Depreciation: A reduction in property value resulting from age or use.
Determination: The final decision of a court.
Discovery: Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial.
Dismiss: To reject a claim or suit temporarily or permanently without further hearing or consideration through an order of dismissal.
Docket: List of cases to be heard or tried; record book containing summaries of court action in any case.
Dismissal With Prejudice: A dismissal of a claim on its merits leaving nothing more for determination by the court and having the force of a final judgment.
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E
EEG: an Electroencephalogram records electrical activity in the outer layer of the brain (the cerebral cortex), using electrodes placed on the patients scalp. Electrical impulses are then recorded as they move a pen or other writing device across graph paper. CT Scans have decreased the use of EEG over the past years, although EEG’s are still used as a diagnostic tool.
One area of continued use of EEG is in the monitoring of seizure disorders. Since an EEG detects abnormality in electrical activities, it is an effective tool in the diagnosis of seizures. EEG likewise can be helpful in assessing the effectiveness of drug treatment on seizures.
EEG’s have also proved effective in the diagnosis of intracranial infection, and in certain surgical procedures, EEG is used to monitor the flow of blood to the brain.
Endorsement: The signature on the back of a check or other negotiable instrument.
Error: Mistake of law or fact forming the basis of an appeal to a higher court.
Evidence: Any type of proof presented at trial which has the effect or tendency to affirm or disaffirm the existence of a fact. Evidence is the means by which some fact in question is established or disproved. Evidence includes oral testimony and every other known means available to establish the truth or falsity of a disputed question of fact.
Ex Parte: An application or communication to the court without notice and outside the presence of an adverse party. Ex Parte communications are prohibited.
Ex Post Facto: After the fact; a law passed after an act is performed which retroactively makes such act illegal. Such laws are prohibited under the U.S. Constitution.
Execute: To complete a legal document, as by signing.
Exemplary Damages: Punitive damages awarded to punish outrageous conduct, over and above compensatory damages.
Exhibit: Tangible evidence, a display or document presented to the court or jury which tends to prove or explain some relevant fact.
Expert Witness: Witness with practiced training or experience who is permitted to render opinion testimony in a legal proceeding.
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F
Factor: One entrusted with the possession of goods to be sold in the factors name. A factor is one who is in the business of receiving goods from a principal and selling them for a commission.
Fault: Negligence; misconduct; deviation from standard of care.
Fiduciary: A person in a position of confidence who has the duty to act responsibly with respect to another’s money or property; a trustee; one acting in a fiduciary capacity or relationship.
Fiduciary Relationship: The relationship between parties where trust or confidence is reposed by one and accepted by the other; a confidential relationship whereby one trusts in and relies on another, e.g., parent and child, guardian and ward, husband and wife, physician and patient, attorney and client.
First Amendment: A guarantee of freedom of speech, assembly, press, petition, and free exercise of religion contained in the Bill of Rights.
For Cause: With sufficient legal justification to perform an act.
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G
Good Faith: The general requirement to deal honestly with others and not seek to gain unfair advantage or to defraud another party, especially in the context of business transactions or contracts.
Grace Period: The period during which insurance continues to be in force despite a delayed payment of premium.
Grand Jury: A jury convened to hear evidence and determine whether an indictment (criminal charge) should be issued. Grand Juries have investigative and subpoena powers.
Gross Negligence: A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly.
Guarantor: A person or entity who agrees in writing to pay the indebtedness of another.
Guardian: One who the law has entrusted with the custody and control of the person or property of a ward.
Guardian Ad Litem: One appointed by a court in which litigation is pending to represent a ward (e.g., a minor or incompetent).
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H
Habeas Corpus: A writ used in both criminal and civil proceedings to obtain the release of an individual in custody by testing the constitutionality of the incarceration.
Hearsay: An out of court statement which is neither an admission or a declaration against interest. Hearsay evidence is generally not admissible in a judicial proceeding.
Hearsay Rule: A rule of evidence which makes out of court statements used to prove the truth of the matter stated inadmissible. Hearsay evidence comes not from the personal knowledge of the witness, but from the repetition of what he has heard others say.
Hidden Defect: A defect in property or goods which is not readily detectable, that causes injury to a third party.
Hostile Witness: An adverse witness or opposing party who is known to offer prejudicial evidence as a result of such adverse interest or bias.
Hung Jury: A jury that cannot reach a verdict due to an inability to reconcile their differences.
Hypothetical Question: A combination of assumed or proved facts stated in a form that would allow an expert witness to give an opinion based on such facts.
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I
Immunity: Exemption from prosecution granted to a witness to compel answers to questions which otherwise could be withheld because of the constitutional privilege against self-incrimination.
Impleader: A procedure whereby a third party may be brought into a lawsuit by a defendant who is being sued by a plaintiff.
Implied: Where the intention of the parties is not shown by direct terms but derived from surrounding circumstances or conduct.
Incapacity: Lack of sufficient legal, physical or intellectual power to perform an act.
Incompetency: The inability or incapacity at law to perform an act, such as giving testimony or making a will.
Indemnify: To insure a third party against loss; to agree to pay damages resulting from another’s actions.
Indemnity: The right of a person who has discharged a duty which should have been discharged by another to collect reimbursement from the party who should have discharged the obligation.
Indenture: A deed to which several persons are parties, in which each assumes corresponding obligations.
Indispensable Party: One who has interest in the subject matter of litigation which is of such a nature that a final decree cannot be entered or rendered without such person being made a party to the lawsuit.
Informed Consent: Consent given after full disclosure of constitutional and other legal rights which impact on whether consent would be given.
Infringement: The unauthorized use, sale or manufacture of an invention, trademark, trade-name or copyright.
Injunction: An order or writ issuing from a court compelling a party to perform or refrain from performing certain acts.
Inquest: An inquiry by a coroner into the manner of death in a possible homicide case; a tribunal selected to inquire into selected factual matters.
Insurable Interest: A real and financial interest in property or the life of another sufficient to support and justify ownership of an insurance policy.
Intangible Personal Property: Money, evidence of debt, evidence of ownership, and all other forms of property where the value is based upon that which the property represents other rather than its own intrinsic value (e.g., mortgages, shares of stock, bonds, notes).
Intent: The state of mind necessary to support a criminal proceeding against a defendant; the knowing performance of an act.
Interpleader: An action filed by a party faced by competing claims against property in his possession but which he does not own, requesting the court to determine relative rights to the property.
Interrogatories: Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery.
Ipso Facto: By virtue of the mere fact of itself.
Irrelevant: Not material. Irrelevancy forms the basis of an objection to the introduction of evidence asserting that the proposed evidence is not connected to the issue being decided.
Irreparable Injury: An injury of such a nature that it cannot be redressed in a court of law and is not susceptible to complete monetary compensation. Generally when a wrongful act has caused or will cause a irreparable injury, the courts will issue an injunction prohibiting the action.
Irrevocable: That which cannot be revoked or undone.
Issue: A point of controversy in a lawsuit; all persons descended from a common ancestor.
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J
Joinder: Combining several causes of action or parties in a single lawsuit.
Jones Act: A federal law providing medical, disability and death benefits to sailors who suffer injuries in the course of their employment.
Judge Advocate: An officer at a court-martial who may act as clerk, prosecutor and/or legal advisor to the court.
Judgment: A final determination by a court; the official decision of the court.
Jurisdiction: The power and authority of a court to hear and determine a case.
Jurisprudence: The collective legal system including case law; the philosophy of law.
Jurist: A legal scholar.
Juror: A person selected to serve on a jury who has taken an oath to follow the law as enunciated by the judge.
Jury: An impartial group summoned and sworn to decide disputed issues of facts at a trial.
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L
Latent Defect: A defect in a product or premises that is not readily observable or discoverable even with the exercise of ordinary care.
Lay Witness: Any witness not testifying as an expert. Lay witnesses ordinarily cannot render an opinion as to the ultimate issue in the case and can only testify as to what they heard and saw.
Leading Question: A question which suggests to the witness the expected answer. Leading questions are ordinarily improper and are objected to at trial.
Letter Of Intent: A preliminary writing setting forth an understanding between parties. Letters of Intent ordinarily do not constitute binding agreements.
Letters Rogatory: A request from one court to another in a different state requesting that a witness in such other state be directed to submit to a deposition or answer written questions under oath.
Liability: The duty, obligation or responsibility arising by virtue of a contract or a tort (act of negligence).
Libel: A false defamatory statement which is written or printed and published or communicated to others.
Libel Per Se: A libelous statement which falsely accuses another of a crime, immoral conduct or professional misconduct. To recover damages under such circumstances, it is not necessary to show actual monetary loss.
Limitations: See Statute of Limitations.
Limited Liability: The limitation placed upon the amount a limited partner or corporate shareholder can lose by reason of lawsuits or claims filed against a corporation. Such losses are limited to the investment made.
Litigation: A judicial proceeding in which the rights, duties and obligations of parties are determined.
Long-Arm Statute: Law that allows residents of different states to be served with process and sued in the forum state by virtue of contacts with the forum state.
Lump Sum Settlement: Arrangement whereby the entire amount of compensation due to an employee or injured party is paid at one time, often at a discount.
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M
Malicious Prosecution: A lawsuit filed without probable cause or justification in law, intended to harass a defendant.
Malpractice: Negligence by a professional such as a doctor, lawyer or engineer in the performance of professional duties; professional misconduct.
Mandamus: A writ or directive issued by a court to an official compelling the performance of the officials duties.
Mandate: A judicial command or order.
Minority: The state of being a minor; infancy; one who has not reached the age of majority.
Mistrial: A trial that has been terminated and voided due to a fundamental and prejudicial error occurring during the course of the proceeding, or because the jury was unable to reach a verdict.
Mitigating Circumstances: Extenuating circumstances that in justice and fairness may reduce the degree of damages or punishment. Mitigating circumstances do not constitute justification for a wrongful act.
Monopoly: An association formed to directly or indirectly control a particular industry or trade in order to reduce or eliminate competition, generally in violation of anti-trust laws.
Motion: An application to the court for an order.
MRI Scans: Magnetic Resonance Imaging (MRI) is another type of sophisticated diagnostic imaging which examines body tissues by subjecting the atomic nuclei of the tissues through a magnetic field. The procedure is non-invasive and is thought to be safer than many other procedures.
MRI studies are extremely effective, and produce high-resolution images giving information as to the metabolic status of tissues and organs, as well as structural information regarding the body itself. The MRI picture is of such a good contrast that biochemical information about abnormal tissue can often times be derived.
MRIs are especially effective in the diagnosis of traumatic brain injury, and other abnormalities involving tissues of the brain. Its use is not limited to the brain, and MRIs are often used in order to diagnose problems with the spine, eyes, liver, kidneys, pancreas, pelvic structures, temporomandibular joint, liver and spleen, pericardium, heart, and various joints.
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N
Negligence: Failure to exercise the degree of care ordinarily expected from a reasonably prudent person under the same circumstances.
Negligence Per Se: An error, omission, or act in violation of a rule of law or statute which is presumed to be proof of negligence.
No-Fault Insurance: A type of automobile insurance often required by statute, whereby ones own insurance company pays the medical bills or expenses incurred by their insured irrespective of fault.
Non-suit: A voluntary or involuntary termination of a lawsuit, by or against a plaintiff who is either unable to prove his case or proceed to trial. Often a non-suit is the result of procedural errors in a case.
Notary Public: A public officer who administers oaths, certifies documents, and performs certain other official acts, such as solemnizing a marriage.
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Objection: A request to the court to determine that a line of questioning, procedure, or evidence is improper and should not be received by the court.
Obstruction Of Justice: The act or attempt to impede justice or a judicial proceeding, often by officials who have a duty to administer justice.
Occupational Safety And Health Act (Osha): A body of laws consisting of safety and health standards intended to prevent employees from being injured or contracting illnesses in the course of their employment.
Of Counsel: An attorney assisting in the preparation or management of a case, but who is not the primary attorney of record.
Offer: An expressed willingness to enter into a contract or to perform an act.
Offer Of Proof: An offer of evidence that has been ruled by the court to be inadmissible made for the purpose of establishing an appellate record.
Open Court: A court that is actively engaged in the administration of justice; before the judge.
Opening Statement: Outline of anticipated proof delivered to the jury at the beginning of a trial.
Operation Of Law: A right or entitlement arising under the law and not as a result of agreement.
Opinion: The stated reason for a courts judgment, finding or conclusion; the courts decision or judgment.
Option: A continuing offer to sell which must be accepted by the optionee within terms of the option, and if not accepted within the time specified, the right to do so is lost.
Order: A directive from the court disposing of a matter collateral to the main action, or adjudicating the matter itself, in which case it is a final order.
Order To Show Cause: A directive from the court instructing a party to appear before it and demonstrate why such party took or failed to take an action and why a penalty should not be assessed against such party.
Out-Of-Pocket Expenses: Costs necessarily incurred to prosecute a civil case or to protect rights or property pending a courts determination.
Overrule: To find an objection raised to be invalid; to overturn or invalidate a prior decision or holding.
Overt Act: An open, outward act which demonstrates intent or design.
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P
Pain And Suffering: An element of non-economic damages to which the plaintiff may be entitled if injured as the result of the wrongdoing of another.
Paralegal: An individual trained to perform a variety of legal tasks but who is not authorized to practice law.
Party: A plaintiff or defendant in a judicial proceeding; person or entity that has entered into a contract.
Per Curiam: By the court.
Per Se: Lat.: Through itself, i.e., not requiring external evidence to establish its existence.
Perjury: The willful making of a false statement under oath which constitutes a criminal offense.
Person: A natural or artificial being created under law, such as a corporation.
Personal Property (Personalty): Movable property not attached to realty; chattels.
PET Scan: Positron Emission Tomography is a new test that studies brain function not brain structure. It is the only test that can measure functions as opposed to tissue damage, changes in blood flow or other structural anomalies.
The patient is injected with minuscule positrons that make visual to a computer the brains function when it is using or failing to properly use glucose or sugar.
The patient is injected with positrons and then, after the positrons take effect, given glucose by intravenous drip. As the sugar reaches the brain, the scan measures normal from abnormal patterns of use.
When correlated with neuropsychological test results, PET becomes an effective demonstrative diagnostic tool that objectively defines abnormal brain function.
Plaintiff: The party who initiates a lawsuit.
Pleadings: The allegations contained in a complaint and answer; the complaint/answer or petition/response.
Power of Attorney: A written instrument by which a principal appoints another to act as his or her agent and authorizes the agent to perform certain acts.
Precedent: A rule of law established in earlier court decisions, that will generally be followed by other courts.
Preponderance Of Evidence: The greater weight of the evidence; the general standard of proof required to prevail in a civil case.
Prima Facie Case: A case in which sufficient evidence has been submitted to allow a jury or judge to make a final determination unless overcome and contradicted by other evidence.
Principal: The employer or master of an employee or agent; one who authorizes another to act on his behalf.
Privilege: A benefit or immunity conferred by law.
Privileged Communication: A communication that is not admissible in evidence if made under circumstances in which the law recognizes a right of privacy, as between an attorney and a client.
Procedure: The judicial process for the administration of cases before it; the rules governing such process.
Proceeding: The various stages and events involved in a judicial proceeding.
Process: A formal writ, most often a summons.
Product Liability: An area of law dealing with the liability of manufacturers or sellers of goods that cause damage or injury to consumers.
Property Settlement Agreement: An agreement setting forth an agreed division of property owned or acquired by spouses during their marriage; post-nuptial agreement.
Proximate Cause: That which in natural sequence produces an injury.
Punitive Damages: Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.
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Q
Quantum Meruit: The equitable value of the goods or services in question. The doctrine of quantum meruit allows a plaintiff to recover the reasonable value of goods or services provided to another who has derived a benefit and not paid for such benefit.
Quash: To annul, void or vacate a prior judicial order or decision.
Question Of Fact: A factual issue submitted to the jury or to the judge in a bench trial for determination.
Question Of Law: A disputed legal issue presented for judicial determination.
Quid Pro Quo: That which a party gives up in return for a benefit; the mutual consideration that is exchanged between parties to a contract and makes it binding.
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R
Real Evidence: Tangible evidence produced at trial which is capable of being physically inspected.
Real Property: Land, and whatever grows on or is affixed to it.
Reasonable Care: That degree of care that would ordinarily be exercised by a reasonably prudent person under similar circumstances.
Reasonable Doubt: The degree of uncertainty that compels a juror to find a defendant not guilty in a criminal proceeding; a realistic uncertainty, even if remote.
Reasonable Man (Person): A hypothetical individual who exercises that degree of care, knowledge and judgment that society ordinarily requires of its members.
Reasonable Time: That period of time which is ordinarily acceptable under the circumstances to respond or take some action.
Rebuttal: Argument or evidence presented by an attorney in response to statements, claims, arguments, or evidence of an opposing party.
Recess: A temporary adjournment or suspension of court proceedings.
Record: A transcript, or papers transmitted from lower court to an appellate court upon which the appellate court decides the appeal.
Recusal: The disqualification or voluntary withdrawal by a judge from a pending case due to the appearance of bias or lack of impartiality.
Regulations: Rules and enactments of an administrative agency.
Rehearing: A re-trial or reconsideration of a case or an issue by the court at the request of a party.
Release: A written document evidencing the satisfaction of a debt; the giving up of some right, claim or interest.
Relevancy: The test applied to the quality of evidence to determine whether it is competent to prove a fact in issue.
Relief: Assistance or redress at the hands of the court.
Remedy: Recourse at law to recover damages or enforce a legal right.
Remittitur: The process or power of the court to reduce a jury verdict that is deemed to be excessive.
Removal Of Case: The transfer of a case from one court to another, generally from state to federal court.
Rendition: The filing of a signed, written order with the clerk of the court.
Reply: A response to a pleading that has raised a new matter as a defense.
Representative: One who acts for another with permission; an agent.
Repudiation: An act or declaration which clearly indicates that a party will not perform an act that a contract requires be performed in the future.
Res Ipsa Loquitur: Lat.: The thing speaks for itself. The Doctrine of Res Ipsa allows negligence to be inferred by virtue of the fact that an accident happened, e.g., a sponge found in the body of a patient after surgery.
Res Judicata: Lat.: A thing decided. The doctrine stating that a matter that has already been judicially determined is conclusive and is not subject to re-litigation.
Rescind: To cancel or nullify a contract, either mutually or unilaterally.
Rescission: A judicial decree that cancels or annuls a contract; the termination of the contract by word or act of the parties.
Retainer: An initial or advanced payment to an attorney for services to be performed; the act of employing an attorney.
Return of Service: A writing made by an officer attesting to the fact that he/she served process (summons or subpoena) on a party, or that he/she was unable to do so.
Review: A re-examination of decisions, orders and proceedings of an inferior court by an appellate court; reconsideration.
Rider: An amendment or addition to a document or contract, especially an insurance contract.
Right of Privacy: A generally accepted legal right to be let alone and live ones life free from unwarranted publicity or intrusion. Disruption of the right of privacy may give rise to a cause of action or claim in tort.
Right of Way: A right of crossing or passage over the land of another; the strip of land on which the right of way is located.
Risk of Loss: A provision in a contract identifying the party who bears the risk of damage or destruction of property during its transfer from seller to buyer.
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S
Sanction: To order punishment or penalties for violation of a rule of law or procedure, or the penalty for such violation.
Satisfaction: A document evidencing release or discharge of an obligation such as a mortgage.
Sealing Of Records: The making of records unavailable to the public except by court order.
Secured Transaction: Any transaction which is intended to create a security interest or lien in personal property or fixtures.
Securities Acts: The various federal statutes that require full disclosure of material facts relevant to the offer or sale of stock.
Security: Any note, stock, bond, debenture, evidence of indebtedness, certificate of interest or participation issued by a corporation indicating ownership; collateral.
Security Agreement: An agreement which creates or provides for a security interest.
Security Interest: An interest in real or personal property which secures or ensures payment of an obligation.
Self-Incrimination: Statements by a defendant which would tend to admit guilt to a criminal offense. Under the Fifth Amendment, persons may refuse to answer questions or give testimony which would tend to subject them to criminal prosecution.
Sequester Settlor: To protect a jury from outside influences or information; to take a thing which is the subject of a controversy and place it in the hands of a third party for protection. Person who establishes a trust.
Service Mark: Any word, name, symbol, character, design, drawing or device used to identify services rendered and to distinguish them from services rendered or offered by others.
Sever: The separation of a case into two separate trials of a case where two or more defendants have been named in the same criminal indictment or information; the removal of one or more claims in a civil lawsuit so that such claims may be tried separately.
Show Cause Order: An order issuing from the court requiring a party to appear and demonstrate why certain relief should or should not be granted.
Side-Bar: An area of the courtroom out of the hearing range of the jury and witnesses, where the judge and attorneys can hold brief conferences.
Small Claims Court: A court of limited jurisdiction that hears and tries claims involving lesser sums of money.
Specific Performance: A remedy available to an injured party when the remedy at law is inadequate, whereby a defendant may be required to perform under the terms of a contract instead of paying money damages.
SPECT: SPECT or Single Photon Emission Tomography produces a computerized image of the brain through utilization of radioactive isotopes. SPECT does not generally produce an image of the same quality as that produced by PET. Nonetheless, SPECT scanning can be an effective diagnostic tool.
Speedy Trial: The rule of law arising under the 6th Amendment to the United States Constitution or under state constitutions mandating that a person accused of a crime be discharged in the event the prosecuting authorities fail to bring him/her to trial within certain specified periods of time.
Standard Of Care: That which a reasonably prudent person would do under the same circumstances. Failure to comply with the standard of care will render a party liable for damages to an injured party.
Standing: The right to present and prosecute a claim; standing is ordinarily dependent on having sustained a direct injury.
Stare Decisis: The general rule that courts will abide with prior decisions and precedents and apply the same principles in every case.
Statute: An act, code or rule enacted by the legislature and adopted as law.
Statute Of Frauds: The requirement that certain types of contracts be in writing to be enforceable. Examples of such contracts include; contracts for the purchase or sale of land and agreements which by their terms cannot be performed within one year.
Statute Of Limitations: A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.
Stay: A temporary suspension of legal proceedings by court order.
Stipulation: A voluntary agreement on an issue of fact or procedure reached between parties in a lawsuit.
Strict Liability: Liability that arises without the necessity of first showing fault or negligence. For example, many states impose strict liability on the owners of animals that cause damage or injury.
Sua Sponte: An action by the court of its own volition, without a motion having been made by any party.
Sub Judice: Under consideration by the court.
Subordination Agreement: An agreement establishing the priority of payment of claims, whereby a creditor may agree that claims of other creditors are discharged before payment is made to the subordinated creditor.
Subpoena: A writ issued by the court to compel the appearance of a witness at a judicial proceeding.
Subrogation: The right of an innocent party who has paid benefits as a result of a third party’s wrongful action to recover such payments from the responsible party.
Sui Juris: One who is competent and of the age of majority.
Suit: Any judicial proceeding in which a remedy is sought.
Summary Judgment: A judgment issued by the court before trial based upon a finding that there are no disputed issues of fact and that the applicable law compels a certain result.
Summary Proceeding: An expedited proceeding under simplified rules, allowing the case to proceed to hearing quickly. Landlord-tenant matters are typically the subject of summary proceedings.
Summation: The closing argument of the parties.
Summons: A document issued by the clerk of the court requiring an appearance or answer to be filed by the defendant under penalty of having judgment entered or an arrest warrant issued.
Supersedeas: A writ from a superior court suspending the power of a lower court to issue an execution upon a judgment issued by it.
Suppress: To exclude evidence based on a violation of constitutional rights, rule of law or procedure.
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T
Tangible Property: Property that may be felt or touched (as distinct from a debt or property right).
Tender: An unconditional offer to pay or to perform a contractual obligation.
Testate: Having a valid will.
Testator/Testatrix: Male or female who makes or has a will.
Testimony: Statement by a witness or a party made under oath in a legal proceeding or deposition.
Third-Party Beneficiary: A person who receives an intended or incidental benefit by virtue of a contract to which he or she is not a party and for which he or she has paid no consideration.
Time is of the Essence: A contract term that fixes the time of performance and establishes such time as being critical, so that failure to perform within such time will constitute a default.
Tort: A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.
Tortfeasor: One who commits a tort.
Trade Name: The name under which a person does business, and which identifies the business.
Trade Secret: Any formula, process, plan or mechanism developed and utilized in conjunction with ones business which is kept private or secret in order to obtain an advantage over competitors.
Trademark: Any mark, word, or design affixed to goods or products which authenticates them.
Treble Damages: Damages established by statute, most commonly applicable to anti-trust violations, whereby the plaintiff receives an award of three times the amount of actual damages.
Trespass: Wrongful interference with the use of the property of another.
Trial Court: A court of original jurisdiction which hears and tries a lawsuit.
Trust: An entity or method through which assets can be held for distribution to beneficiaries at a later date.
Trustee: A duly authorized agent or fiduciary who holds title to property for the benefit of another person; the administrator of a trust.
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U
Ultra Vires: An action by a corporation that is beyond the scope of powers conferred by statute or authorized by corporate documents.
Underwrite: To insure payment or satisfaction of an obligation; to insure life or property; to sell stock or bonds to the public and agree to buy any that are not sold.
Undue Influence: That degree of influence or compulsion that destroys or eliminates another’s free will; any improper persuasion whereby the will of a person is overpowered inducing an action which otherwise would not have been taken.
Uniform Commercial Code (U.C.C.): A compilation of laws governing commercial transactions.
United States Code: The official compilation of federal statutes.
Unjust Enrichment: The doctrine that a person should not be allowed to gain or benefit improperly from the acts and efforts of another without compensation.
Unliquidated: Not as yet determined as to amount.
Usury: The wrongful charging of interest at a rate which exceeds that allowed by statute. Usury may constitute a crime under state law depending on the rate of interest charged.
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V
Vacate: To void or set aside a judgment or order.
Variance: A modification of zoning ordinance regulations to permit the use of property in a manner otherwise forbidden, when such variance will not be contrary to the public interest.
Venire: Process by which jurors are summoned to try a case; the jury panel.
Venue: The place of trial; one of several places where a trial may properly be conducted.
Verdict: The opinion and findings of a jury as reported to the court.
Verification: An affidavit, oath or deposition attesting to the accuracy of a statement contained in a document.
Vicarious Liability: Liability imposed on one person for the actions of another, as in the case of an employer who is vicariously liable for the acts of an employee performed in the course and scope of the employees duties. See also Master and Servant.
View: An inspection of an object by the court or jury where the object or location viewed cannot conveniently be produced in court.
Void: Having no legal force; null.
Voidable: Capable of being rendered void or annulled.
Voir Dire: The process of examination of prospective jurors by the court or attorneys to determine their qualification for jury service and to uncover any biases or conflicts of interest.
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W
Waiver: The voluntary and intentional surrender of a right or privilege.
Ward: A person for whom a guardianship has been established.
Warranty: A promise to perform, make good, repair or indemnify the promisee for a loss incurred in the event a represented fact proves to be untrue; a promise that a fact is true.
Warranty Deed: A deed which warrants and guarantees that the title being transferred is free and clear of all encumbrances.
Weight Of The Evidence: The balance of the greater amount of credible evidence.
Whiplash Injury: A soft-tissue injury to the neck or back usually associated with rear-end automobile collisions.
Will: A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.
Willful: Intentional; intending the result which comes to pass.
With Prejudice: A phrase used in orders of judgments indicating that an action or claim has been irrevocably dismissed and the only available remedy thereafter is an appeal.
Work Product: Work done by an attorney in the course of his representation of a client that is privileged and cannot be obtained by an adverse party.
Workers Compensation: Mandatory insurance under state law that pays medical and lost wage benefits to workers injured in the course and scope of their employment.
Writ: The means by which a court compels acts to be performed, including such documents as an arrest warrant, garnishment and writs of attachment.
Writ Of Assistance: A writ issued by a court in order to enforce its judgment or decree.
Writ Of Execution: An order directed to a sheriff or other law enforcement officer to levy and execute upon the property of a judgment debtor to satisfy a judgment.
Writ of Prohibition: A writ issued by a Superior Court directing a judge, court or tribunal not to take an action that would be in excess of and beyond its jurisdiction.
Wrongful Death Statute: A state statute defining and limiting the types of compensation recoverable by survivors of a decedent in an action resulting from another’s negligence.
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X
X-Ray: X-rays are electromagnetic waves. Unlike light waves, x-rays are stopped by solids or other dense radiopaque objects, including bone. X-rays pass through the body and exit from the opposite side where difference in density appear in shades of gray on x-ray film.
An x-ray is a useful diagnostic tool available for visualization of structures within the body. X-rays are limited, however, when compared to other sophisticated imaging now available. X-rays are an excellent starting point, however. The most frequent application for x-ray is the diagnosis of fractures and dislocations, certain tumors, tuberculosis, osteoarthritis, and other structural anomalies.
Skull x-rays may be used when the patient complains of headaches or other neurological symptoms.
An x-ray test is said to be positive if the x-ray film reveals an alteration in normal anatomical structure (fracture, etc.), an invasion by a new growth such as a tumor, or displacement of brain structures such as that caused by a subdural hematoma.
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Accused
In criminal law, a person who is charged with an offence under the Criminal Code is called the Accused. A person is called the Accused up to and throughout a trial until the charges have been dealt with and the matter is concluded.
Adjudicator
a government-appointed, impartial person who considers the arguments presented during a formal legal proceeding and decides the outcome of the matter. A judge in a court is a kind of adjudicator, but the title “Adjudicator” is most often used in less formal, specialized tribunal hearings, where matters such as employment, human rights and immigration and refugee issues are decided.
Applicant
another word for Plaintiff, that is, the party applying, or bringing a complaint to court. (see definition for “Plaintiff” below)
Arbitrator
an independent person, who acts like a judge, chosen by the parties in a dispute, to resolve the issues they can’t agree on. The decision of an Arbitrator is usually final, and can be taken to court to make sure that it is followed. In Ontario, an Arbitrator may be chosen to settle family matters such as caring for children (decision-making responsibility and parenting time), child and spousal support and division of family property, but must follow Ontario and Canadian laws. They must make decisions considering the best interests of children, and must conduct interviews to look for domestic violence between the parties. Arbitrators are commonly used to settle disputes arising between employers and unions on behalf of their members, in labour law.
Attorney
another word for lawyer, but not typically used in Canada, other than in a specific title, such as the Attorney General of Ontario, who is the chief legal advisor to the Ontario government and a member of cabinet, who oversees the justice system in the province.
Barrister
this is a traditional term from the legal profession in the United Kingdom, which divides practicing lawyers into two categories: Barrister and Solicitor. A Barrister is a lawyer who can speak for or represent a client in court. In the United Kingdom, a Barrister usually talks to another lawyer, a Solicitor, about the client’s interests and wishes in a case. In Canada, a practising lawyer is able to be both a Barrister and a Solicitor. (see definition for “solicitor” below)
Client
a person who talks to a practicing lawyer to get legal advice or other legal services about a legal problem.
Complainant
a person who is making a complaint that their legal rights have been affected is called the Complainant. In criminal law, the person who says she or he was the victim of a crime and who makes a formal statement to the police (often called “laying a complaint”) is the Complainant. The victim of a crime is not a party to the criminal proceedings, but may be a witness.
Counsel
another word for a lawyer who is representing a client, and who gives legal advice or counsel. The lawyer for a person starting a legal proceeding can be called Counsel for the Plaintiff or Applicant.
Crown Counsel
the government lawyer in a criminal case. When a person is charged with a criminal offence, it is the government, or Crown, that begins the court proceedings and prosecutes, or tries to prove the criminal charges in court. Crown Counsel is the lawyer responsible for representing the government and arguing that the Accused has committed a crime, during the trial.
Decision Maker
in a legal setting, such as a court or tribunal or regulatory body, the decision maker is a person or panel of people who decides the outcome of a claim or dispute, considering the law that applies and the facts and interests affecting a party or parties in the matter. A Judge, Justice of the Peace, Adjudicator and Arbitrator are all decision makers.
Defendant
another word for Respondent. (see definition of Respondent below)
Defense Counsel
the lawyer who represents the person accused of committing a criminal offence. The Defense Counsel is responsible for giving advice to and speaking for the Accused, and for defending the rights of the Accused during the criminal trial process.
Duty Counsel
In Canada, Duty Counsel are lawyers who are available at courthouses to give assistance, and some free legal advice to people who appear in court without a lawyer and who cannot afford to hire a lawyer. Duty Counsel generally can help with criminal, family law, tenant rights, and mental health law issues.
Family Dispute Resolution Process
This is a process that is used by parties to a family law dispute to try to settle their issues without going to court. This process includes negotiation, mediation, collaborative law and arbitration. The family dispute resolution process can take place before or during the court case.
Judge
a government-appointed, impartial decision maker who presides over court proceedings. Judges, either on their own or as part of a panel, consider the law and facts to make decisions about the parties’ rights and interests. Judges are also responsible for making the proceedings fair and as efficient as possible, and for ensuring the parties and others in the courtroom follow specific rules and procedures.
Jury
A jury is a group, usually of 12 community members, who are chosen to sit with a Judge to decide the facts and help determine the outcome of a trial. A jury may only sit on trials for certain matters, usually serious criminal cases. In those cases, the Accused has the right to decide whether the case will be heard by Judge and Jury, or Judge alone. In a jury trial, it is the Jury that decides if the Accused is guilty of the charges. If the Accused is found guilty by a Jury, the Judge applies the law and decides what the punishment or sentence will be. Jury members in Canada must be Canadian citizens and are not allowed to talk about anything that goes on at the trial, both during and after it is over. Some professionals, including lawyers, police and doctors are not allowed to be on a Jury. In Canada, most trials are not jury trials.
Justice of the Peace
a government-appointed, impartial decision maker who presides over court proceedings concerning more limited issues than a Judge. A Justice of the Peace can make decisions on smaller criminal and civil (non-criminal) legal matters, as well as conduct marriages, bail hearings, issue a warrant to arrest a person or search a location, and they can also issue a kind of protection order called a “Surety to Keep the Peace”, commonly called a Peace Bond.
Lawyer
a person who has studied law and received a university degree in law. To be qualified to actively practise law by providing legal advice and representing clients, a lawyer has to be licenced by a Canadian provincial or territorial body. In Ontario, this body is called the Law Society of Ontario.
Litigator
A lawyer who specializes in representing clients by making legal arguments in courts, tribunals or in front of other decision-making bodies.
Mediator
an independent person who is chosen by disputing parties to help them resolve their differences through a process called Mediation. A Mediator helps parties find a solution they both can agree on, but the Mediator does not make a decision for them.
Offender
an Accused who pleads guilty to a criminal offence or is found guilty of a criminal offence by a court is convicted of committing a crime and called an Offender.
Paralegal
legal professionals who may provide a specific range of basic legal services, but have not gone to law school and are not lawyers. In Ontario, Paralegals must be licenced to practice by the same body that licences lawyers. Paralegals may provide legal advice and represent clients for legal matters such as immigration, small claims, traffic court charges under the Provincial Offences Act, cases that are heard before a tribunal including landlord-tenant issues or workplace safety, and some minor criminal charges. Paralegals cannot represent clients in Family Court in Ontario.
Party
in a legal proceeding a person or organization or government named in a legal proceeding, who is either bringing or defending the legal claim.
Plaintiff
the party (person or organization) who brings a complaint to court and begins a non-criminal legal proceeding.
Prosecution
Prosecution is when the government tries to prove that the Accused has committed a crime in court. When a person is charged with a criminal offence, it is the government, or Crown, that begins the court proceedings and “prosecutes”, or tries to prove the criminal charges in court, during a trial.
Prosecutor
see definition for “Crown Counsel”
Respondent
the party (person or organization) who is responding to a claim in a non-criminal legal proceeding. When a Plaintiff or Applicant files a legal claim to begin a legal proceeding, every person and organization they file it against is known as a Respondent, because they are responding to the claim and the allegations made in it. (see definitions for “Plaintiff” and “Applicant” above)
Solicitor
this is a traditional term from the legal profession in the United Kingdom, which divides practicing lawyers into two categories: Barrister and Solicitor. Solicitors meet with clients, and can review or draft legal document and provide legal advice. A Solicitor does not argue in court. In Canada, a practising lawyer is able to be both a Barrister and a Solicitor. (see definition for “Barrister” above)
Victim
A person harmed, injured or killed because of a crime.
Witness
a person who has personal knowledge about an event or issue in a legal process is a witness. A witness may be interviewed by police, lawyers, and may be asked to give evidence in writing or in person, in a legal case.
Terms about the Legal Process
Acquittal
a decision that the Accused in a criminal trial is not guilty.
Adjournment
puts a case (at a trial or a hearing) on hold for a short period of time until it starts again, usually on another day.
Appeal
a request to formally review a decision made by a tribunal or court which is generally made to a higher level court. To go forward, an appeal may have to argue that there was a mistake in the law or facts that the decision was based on. Not every decision can be appealed. An Appeal Court can uphold the decision, change it, or send it back to be re-decided. The party that asks for an appeal is called the “Appellant”. An opposing party in the matter is called the “Respondent”.
Arbitration
a legal process similar to a trial, but that takes place outside of a courtroom. Parties choose the decision-maker, called an Arbitrator, who makes a decision for the parties, based on evidence and the law. Parties that choose to go to arbitration, agree to follow the final decision, which can also be enforced by a court.
Bill
a written law in draft form that is put forward in the government by a Member of the federal Parliament or a Member of a provincial or territorial legislature. The draft must go through a voting process to become law. A Bill may be passed or voted down, with or without changes during the voting process.
Common Law
law that is based on previous decisions by Judges who have interpreted and applied the law in different circumstances. Common law can evolve to reflect changes in society, and can help a decision maker know how to apply legislation. Lower courts must follow the decisions of higher courts in their province or territory. All Canadian courts must follow the decisions of the Supreme Court of Canada.
Community Legal Clinic
government-funded centres that provide legal help for low-income Ontarians in a variety of ways, including representing them in courts and tribunals, providing legal advice and public legal education.
Decision
a formal conclusion reached by a decision maker.
Disposition
another word for decision, because it “disposes” of a matter by making a final decision, which concludes a matter or issue.
Evidence
Evidence is information or a thing presented by a witness in a legal proceeding to help prove an argument. The decision maker decides what evidence can be considered, and a witness must formally promise that the evidence is true. In a legal proceeding, both parties may use evidence to try to prove their case. Evidence includes testimony from people as well as physical items, such as photographs, documents or objects.
Hearing
a legal proceeding where one or more issues are decided by a decision maker. A Hearing in court usually refers to part of a full trial, when a part of the case or one particular issue is being considered. A Hearing can also refer to the legal proceedings before other decision making bodies such as Tribunals or Arbitrations (where an Arbitrator is the decision maker). The parties at a Hearing might appear in person in front of the decision maker, or some hearings are based only on written materials provided by the parties.
Judgment
a decision made by a Judge that describes the final result in the matter presented in court. Judgments sometimes also include reasons for the decision and discussion about the facts and law that were relied on to reach the decision.
Judicial Review
a request for a court to formally review the decision made by a tribunal or board. Depending on the circumstances, a court may be able to examine whether the decision was unfair, or made mistakes in law or fact, and may send the decision back to the original decision maker to decide the case again, without the original error.
Law Society of Ontario (LSO)
the regulating body for all lawyers and paralegals in Ontario. The LSO decides who is allowed to practice law, sets rules for people who do practice law, assists members of the public in finding legal services, and works to improve the profession.
Legal Aid Certificate
a certificate that promises to pay a lawyer for giving you legal services. The certificate allows you to have free advice and representation by a lawyer while the government pays for your legal fees, up to a certain limit. All lawyers can decide whether or not to accept a case on a legal aid certificate. To get a Legal Aid Certificate, your case has to be eligible, and your family income has to be below the levels set by Legal Aid. Visit the Certificate program page.
Legal Aid Ontario
a government organization that provides legal aid certificates and funds legal clinics across the province to help provide access to lawyers for those who are not able to afford a lawyer.
Legislation
another word for Statute. (see definition for “statute” below).
Mediation
a legal process used to try to settle a dispute. Parties choose an independent person called a Mediator, to help them solve their disagreement over legal issues. Both parties have to agree to the outcome. The Mediator does not decide or force a solution. Mediation can be used in settling family law disputes such as caring for children (decision-making responsibility and parenting time) and money matters, but it is not always a good process to use if there has been bullying or abuse between the partners.
Mistrial
an extreme case where a trail cannot be concluded, for example, because of some fundamental unfairness in the process or because a jury cannot agree on a verdict. (see definition for “verdict” below)
Regulation
Regulations are a set of legal rules that can be passed under a statute. They can be more specific than the general statute, and can usually be passed and changed more easily than a statute.(see definition for “statute” below)
Ruling
a decision maker’s determination on a legal question. A ruling can be on a specific issue during a proceeding, for example ruling on whether to grant an adjournment, or it can be the final decision in a matter.
Sentence
after a guilty verdict in a criminal trial, the Judge decides what Sentence to order to punish the offender.There is a range of possible sentences for each offence in the Criminal Code, and some offences have a minimum and/or maximum sentence. Some examples of sentences are a fine; return to community with conditions, such as probation, community service or other program; and time in prison
Statute
a written law that is passed by government and can be enforced.
Stay of Proceedings
a verdict in a criminal trial that puts the matter on hold, either temporarily until there can be a verdict, or permanently, where there cannot be a verdict of guilty. (see definition for “verdict” below)
Testimony
a kind of evidence which is spoken or written by a witness who has formally promised to tell the truth. (see definition for “evidence” above)
Trial
the process of resolving a dispute in court, where evidence is given and sworn (or formally promised) to be true by witnesses, and where the law is argued and applied to the evidence by each party in front of a Judge (sometimes with a Jury). Most trials end with a decision or “verdict” to resolve the matter. A trial can last anywhere from a day to several months.
Tribunal
a decision making body like a court, that hears evidence and makes decisions based on facts and law. A Tribunal usually specializes in a particular area of law, is usually less formal than court, and instead of a Judge, the decision maker at a Tribunal is an Adjudicator.
Verdict
the decision in a criminal trial, where the verdict may be guilty, or not guilty (also called an “Acquittal”). A verdict can also be a “stay of proceedings”, which puts the matter on hold.