What are some commonly used legal terms?

• Affidavit: A written statement made under oath, typically used as evidence in court.
• Appeal: A request made to a higher court to review the decision of a lower court.
• Arbitration: A method of resolving disputes outside the courts, where an arbitrator makes a binding decision.
• Bail: The temporary release of an accused person awaiting trial, often on condition of a monetary guarantee.
• Case Law: Law established by the outcome of former cases and judicial decisions.
• Complaint: The initial document filed by a plaintiff in a civil lawsuit outlining the claims against the defendant.
• Contract: A legally binding agreement between two or more parties.
• Defendant: The person or party against whom a lawsuit is filed.
• Deposition: The sworn, out-of-court testimony of a witness used to gather information before a trial.
• Due Process: The legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment.
• Injunction: A court order requiring a person to do or cease doing a specific action.
• Liability: Legal responsibility for one’s actions or omissions, which may result in a legal obligation to pay damages.
• Litigation: The process of taking legal action or resolving disputes through the court system.
• Plaintiff: The person or party who initiates a lawsuit by filing a complaint.
• Statute: A written law passed by a legislative body at the federal, state, or local level.

15 Commonly misunderstood legal phrases

1. Ad litem – Appointed by the court to represent someone unable to represent themselves (often misunderstood as any type of legal guardian).
2. Amicus curiae – “Friend of the court”; a person or organization offering information or expertise relevant to a case (often misunderstood as someone directly involved in the case).
3. Burden of proof – The obligation to prove one’s assertion (often misunderstood as simply needing to provide any evidence).
4. Class action – A lawsuit filed by one or more plaintiffs on behalf of a larger group (often misunderstood as any lawsuit involving multiple plaintiffs).
5. Double jeopardy – The prosecution of a person twice for the same offense (often misunderstood as being tried twice for any crime).
6. Due diligence – The effort made by a reasonable person to avoid harm to another party (often misunderstood as performing routine tasks).
7. Ex parte – Legal proceedings or communication involving only one party (often misunderstood as an emergency hearing).
8. Habeas corpus – A legal action requiring a person under arrest to be brought before a judge (often misunderstood as a protection against any form of detention).
9. Indictment – A formal charge or accusation of a serious crime (often misunderstood as a conviction).
10. Mens rea – The intention or knowledge of wrongdoing (often misunderstood as premeditation).
11. Per curiam – A ruling issued by an appellate court with multiple judges (often misunderstood as a unanimous decision).
12. Prima facie – Based on the first impression; accepted as correct until proven otherwise (often misunderstood as conclusive evidence).
13. Pro bono – Legal work undertaken voluntarily and without payment (often misunderstood as any free service).
14. Res judicata – A matter that has been adjudicated by a competent court and is therefore conclusive (often misunderstood as any resolved case).
15. Summary judgment – A judgment entered by a court for one party against another without a full trial (often misunderstood as a quick or easy judgment).

5 Common legal questions

What is the difference between a misdemeanor and a felony?

Answer: A misdemeanor is a less serious crime, typically punishable by fines, probation, community service, or up to one year in jail. Examples include petty theft, simple assault, and first-time DUI offenses. A felony is a more serious crime, punishable by more than one year in prison, significant fines, or even the death penalty. Examples include murder, rape, armed robbery, and major drug offenses.

How do I file for bankruptcy?

Answer: Filing for bankruptcy involves several steps:

• Credit Counseling: Complete credit counseling with an approved agency within 180 days before filing.
• Gather Documents: Collect financial documents, including income, expenses, assets, debts, tax returns, and recent financial transactions.
• File Petition: Choose the type of bankruptcy (Chapter 7 or Chapter 13) and file a petition with the bankruptcy court, along with the necessary schedules and forms.
• Automatic Stay: Once filed, an automatic stay goes into effect, halting most collection actions against you.
• Meeting of Creditors: Attend a meeting with the bankruptcy trustee and creditors to answer questions about your finances.
• Complete Financial Management Course: Complete a debtor education course before debts are discharged.

What are my rights if I am arrested?

Answer: If you are arrested, you have several rights, including:

• Right to Remain Silent: You do not have to answer any questions or provide information that may incriminate you.
• Right to an Attorney: You have the right to consult with an attorney and to have one present during questioning. If you cannot afford an attorney, one will be provided for you.
• Right to Know the Charges: You must be informed of the charges against you.
• Right to a Fair Trial: You are entitled to a fair and public trial by an impartial jury.
• Right Against Unreasonable Searches and Seizures: The police must have probable cause or a warrant to search you or your property.

How do I create a will?

Answer: Creating a will involves the following steps:

• Determine Your Assets: List all your assets, including property, bank accounts, investments, and personal belongings.
• Choose Beneficiaries: Decide who will inherit your assets and in what proportions.
• Appoint an Executor: Name an executor who will manage and distribute your estate according to your will.
• Guardians for Minor Children: If you have minor children, appoint guardians to care for them.
• Write the Will: Draft the will, either using a lawyer or a legal template, ensuring it meets your state’s legal requirements.
• Sign the Will: Sign the will in the presence of witnesses (the number varies by state) who will also sign it.
• Store Safely: Keep the will in a safe place and inform your executor and loved ones where it is located.

How do I file a personal injury lawsuit?

Answer: Filing a personal injury lawsuit involves these steps:

• Seek Medical Attention: Obtain medical treatment for your injuries and document all related expenses and treatments.
• Consult an Attorney: Speak with a personal injury attorney to assess the strength of your case and understand your legal options.
• Gather Evidence: Collect evidence, such as photographs, witness statements, police reports, and medical records.
• File a Complaint: Your attorney will draft and file a complaint in the appropriate court, outlining the details of your injury and the basis for your claim.
• Serve the Defendant: Serve the complaint to the defendant, notifying them of the lawsuit.
• Discovery: Both parties exchange information and evidence related to the case.
• Settlement Negotiations: Attempt to settle the case out of court through negotiations or mediation.
• Trial: If a settlement is not reached, the case proceeds to trial, where a judge or jury will determine the outcome.

What language do Lawyers speak?

Legal English, often referred to as ‘legalese,’ is a style of English employed in legal documents and by the legal profession. It is prevalent in English-speaking regions and in areas where the legal system is entirely or partly derived from Common Law. Distinguished from everyday English, legalese is notably shaped by Law Latin and Law French, featuring specialized terminology, unique syntax, and established phrases like legal doublets.