There is a good deal of jargon used in law that is entirely unique to this subject. Though a number of these terms are certain to be utilized by the attorneys and judges engaged in all legal procedures you could find yourself involved in, it’s still crucial to understand them to keep up with legal discussions. Learn a few of the most frequent legal phrases that you might come across by browsing through this useful guide below.
De Facto
In Latin, de facto means “in fact” and is used in law to characterize tasks performed without clear legal permission but yet are accepted as legitimate legal actions, as well as customs that are practiced but not formally recognized by legislation. For instance, although the de facto national language in the US is English, this is not stipulated by law. The Latin term de jure means “by law,” and is a term used to describe an activity that is clearly supported by the law.
Affidavit
A written report produced under oath is known as an affidavit. This indicates that the individual presenting the declaration has vowed that the declaration is truthful and knows that they could face legal consequences if it is discovered that the information included in the affidavit is false. If you need to obtain a duplicate of a missing certificate, or if a youngster is traveling with a guardian, an affidavit is frequently required.
Burden of Proof
The evidentiary threshold required to support an allegation or statement during legal proceedings is referred to as the burden of proof. The responsibility for proving guilt in the justice system is up to the prosecution. This emphasizes that the burden of proof for the prosecution’s case and the aspects of any charges need to be established by a prosecutor rather than the defendant.
Misdemeanor
A misdemeanor is a category of crime that is penalized by courts. A misdemeanor is a violation of the law that carries a sentence of less than one year in prison but is more often punished by rehabilitation, community service, and fines. Although fines could be as much as $5,000, they are often between $2,000 to $5,000 in most states. Under certain circumstances, probation could be handed out instead of a person facing time in jail if the courts feel that would be an acceptable punishment for the least serious offenses.
Felony
Any serious crime that carries a sentence of one year or more in jail is generally considered a felony. Felonies frequently include violent acts and are seen as destructive and damaging to society. They are considered to be among the most severe offenses a person can commit. Felonies also include acts like arson or first-degree murder.
Habeas Corpus
According to the law of habeas corpus, an individual cannot be detained in jail without first appearing in front of a courtroom, which should then determine if it is appropriate to keep them locked up. In Latin it means “Show me the body,” and in the past, habeas corpus has been a vital tool for defending personal rights from unjustified powers.
Settlement
A settlement is a mutually reached understanding involving two or more parties that puts an end to a disagreement and causes any pending lawsuits to be dropped. A settlement might be advantageous to both parties since it speeds up the lawsuit process and minimizes continuing legal costs. Settlements are often arranged by lawyers or insurance agents, but any settlement proposal will need all the parties involved with the litigation to provide final approval.
Pro Se
Pro Se is the Latin term for “for oneself, on one’s own behalf” and is the term used to describe a litigant who represents themselves in court alone without the assistance of an attorney. This implies that the litigant shall defend themselves without the assistance of an attorney or any counsel throughout the litigation process, regardless of whether they’re the plaintiff or defendant in civil matters or the defendant in criminal proceedings.
Litigation
In the context of the law, litigation describes a dispute among two or more parties who are trying to enforce or maintain a legal claim. The majority of the time, disputes between litigants are resolved by negotiation, but they could then go to the courtroom and then require a judge or jury to decide on the trial’s outcome. Remember that litigation is not the same thing as a lawsuit.
Grand Jury
Grand juries are crucial in cases involving white-collar crime. Its two primary duties are to examine evidence and to defend the public from baseless criminal charges. A grand jury has the power to serve subpoenas to obtain specific records or compel someone to give testimony. A grand jury also decides whether there is sufficient proof to support the claim that a crime had taken place in the first place. A grand jury cannot find someone guilty or innocent.
Tort
The phrase ‘tort law’ describes a collection of laws that are designed to establish who is legally responsible for the harm done to another entity and how much money is due as compensation for that harm. Harm can range from physical injuries, such as discomfort and suffering, to monetary losses such as lost pay. This also includes a wide range of other personal incidents, both physical and mental, including bites from dogs, and slander.
Statute of Limitations
A statute of limitations is legislation that establishes a time restriction for when criminal or civil legal actions can be brought following an alleged crime. Although a few statutes are defined by the government, others have their roots in common law practice. This legislation is implemented to safeguard individuals against claims made after witnesses have disappeared, evidence has been lost, or memories have deteriorated. This lessens the likelihood of inaccurate allegations and wrongful convictions. You probably have a lot of urgent questions if you’re involved in any legal proceedings. Speak with a lawyer or attorney if you need clarification on anything, if you come across a term that isn’t on this list, or if you have additional questions regarding your case in order to get the professional assistance that may give you the edge in your legal proceedings.
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