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Legal Terms Glossary (A–W)
Your Guide to Understanding Legal Language
You shouldn't need a law degree to protect your rights. This glossary translates legal terms from A to W into plain English—no confusing jargon, just clear explanations that stick.
Acquittal
A judge or jury's decision that someone charged with a crime is not guilty. Doesn't always mean innocence—just that prosecution failed to prove guilt beyond reasonable doubt. Once acquitted, you can't be tried again for the same crime (double jeopardy protection). People often assume acquittal means cleared of all suspicion, but it's strictly about proof standards.Affidavit
Written statement sworn under oath before someone authorized to take oaths (like a notary). Your testimony on paper. Courts treat these like live testimony because lying in an affidavit is perjury—a crime. Read carefully before signing; once notarized, courts accept it as your word.
Alimony (Spousal Support)
Money one spouse pays another after divorce or separation. Courts weigh marriage length, earning capacity, and living standards. Not automatic—you have to request it and courts award based on need. Many states now favor temporary support that ends after a set period rather than lifetime payments.
Appeal
Asking a higher court to review a lower court's decision. You're not getting a new trial—appeals courts review the legal record for errors. Deadlines are strict (usually 30 days). Appeals examine legal mistakes, not whether you agree with the verdict. New evidence typically can't be introduced.
Arbitration
Private dispute resolution where a neutral arbitrator (not a judge) makes a binding decision. Faster and cheaper than court, but you give up trial rights. Read contracts carefully: many include mandatory arbitration clauses buried in fine print. Unlike mediation, the arbitrator's decision sticks.
Arraignment
First court appearance after criminal charges where you hear what you're accused of and enter a plea. Not the trial—purely administrative. You'll say guilty, not guilty, or no contest. Bail gets set here. Miss your arraignment and a warrant gets issued.
Assault
Threatening or attempting to harm someone physically. Doesn't require actual contact—that's battery. Raising a fist or verbal threats count if the victim reasonably fears immediate harm. Simple assault is a misdemeanor; aggravated assault (with weapon or causing serious injury) becomes a felony.
Attorney-Client Privilege
Bail
Bankruptcy
Battery
Actual harmful or offensive physical contact with another person without consent. Assault is the threat; battery is the action. Spitting, pushing, hitting all qualify. Even unwanted touching counts. People often say “assault and battery” together, but they're distinct charges with separate elements.
Bench Trial
Trial where a judge, not a jury, decides your case. Defendants can waive jury rights for several reasons: complex legal issues, concerns about jury bias, or speed. Judges apply identical proof standards. Some attorneys prefer bench trials for technical cases where emotion shouldn't influence outcomes.
Beyond Reasonable Doubt
The highest proof standard in law, required to convict in criminal cases. Not absolute certainty, but no logical reason to doubt guilt. Far stricter than civil standard (preponderance of evidence). Protects against wrongful convictions. “Reasonable doubt” doesn't mean any doubt—it must be reasonable and evidence-based.
Breach of Contract
Breaking a legally binding agreement without valid excuse. Must prove: valid contract existed, you performed your part, other party didn't, and you got hurt financially. Remedies include money damages or specific performance (forcing completion). Minor breaches may not justify ending a contract, but material breaches do.
Burden of Proof
The obligation to prove your case. Prosecution must prove criminal guilt beyond reasonable doubt. Plaintiffs must prove civil cases by preponderance of evidence (more likely than not). The burden typically never shifts to criminal defendants. This is why defendants don't have to prove innocence.
Civil Case
Legal dispute between individuals or entities seeking money damages or specific actions, not criminal punishment. Contract disputes, personal injury, divorce. Lower proof burden than criminal cases. You can lose a civil case even after criminal acquittal (think O.J. Simpson). Filing fees required, and losing party may pay winner's costs.
| Aspect | Civil Case | Criminal Case |
|---|---|---|
| Who Brings Case | Private party (plaintiff) | Government (prosecutor) |
| Proof Standard | Preponderance (51%) | Beyond reasonable doubt (99%+) |
| Possible Outcomes | Money damages, injunctions | Jail, fines, probation |
| Right to Attorney | No (you pay your own) | Yes (appointed if indigent) |
| Jury Decision | Majority vote (varies by state) | Unanimous (most states) |
Class Action
Lawsuit filed by a group (“class”) with similar claims against the same defendant. More efficient than individual lawsuits. Court must certify the class as appropriate. Common in consumer fraud, securities violations, defective products. Reality check: individual payouts are often small while attorneys' fees are huge.
Closing Arguments
Final statements by attorneys summarizing evidence and persuading the judge or jury. Presented after all evidence and witnesses. Attorneys connect the dots and explain why their side should win. Not testimony or evidence—just interpretation. No new evidence gets introduced during closings.
Common Law
Law developed through court decisions and precedents rather than statutes. Judges interpret past rulings to decide current cases. Foundation of American legal system (borrowed from England). Even without a specific statute, you might have legal rights based on precedent. Also called case law or judge-made law.
Complaint
The document starting a lawsuit, filed by the plaintiff. Outlines legal claims and supporting facts. Defendant must respond within a deadline (usually 20-30 days). Must be properly served on defendant. A well-drafted complaint frames the entire case and determines what evidence can be presented.
Contempt of Court
Willfully disobeying or disrespecting court authority. Civil contempt (failing to comply with orders) aims at compliance. Criminal contempt (disrupting proceedings) aims at punishment. Can result in fines or jail. Ignoring child support orders, refusing to testify, disrupting trial all qualify. Purging contempt means complying with orders.
Contract
Legally binding agreement between parties. Requires offer, acceptance, consideration (exchange of value), and legal purpose. Can be written or oral, but some must be in writing (real estate, year-long contracts). People wrongly think “verbal agreements” aren't enforceable. They are, just harder to prove in court.
Conviction
Official determination of guilt in a criminal case through jury verdict, judge's ruling, or guilty plea. Creates a criminal record affecting employment, housing, and rights. Some convictions can be expunged or sealed later. Appeals or post-conviction relief may overturn convictions. Stays on record unless successfully challenged or pardoned.
Criminal Case
Government prosecution of someone accused of a crime. State or federal prosecutors (not victims) bring charges. Defendants get constitutional protections: right to attorney, trial, remain silent. Outcome is guilty/not guilty, not liable/not liable. Can result in jail, fines, probation, or acquittal. Higher proof standard than civil cases.
Cross-Examination
Questioning opposing party's witness to challenge credibility or testimony. Comes after direct examination. Leading questions are allowed. Where Perry Mason moments happen. Skilled attorneys expose inconsistencies, biases, weaknesses. Witnesses can't refuse to answer (unless pleading the Fifth in criminal cases).
Custody
Legal and physical care of a child. Legal custody means decision-making authority (education, health, religion). Physical custody means where the child lives. Can be sole (one parent) or joint (shared). Courts prioritize “best interests of the child” standard. Custody isn't automatic to either parent—determined case by case.
Damages
Money awarded to compensate for loss or injury. Compensatory damages cover actual losses (medical bills, lost wages). Punitive damages punish defendant for outrageous conduct. Some damages resist calculation (pain and suffering, emotional distress). You must prove damages with evidence—speculation fails. Attorney fees are separate unless contract or statute provides.
Deposition
Out-of-court sworn testimony recorded by a court reporter during discovery. Attorneys ask questions, and answers are given under oath (perjury applies). Used to gather information and lock in testimony before trial. Can be used in court if witness becomes unavailable or contradicts themselves. What you say can't be taken back, so prepare thoroughly.
Discovery
Pre-trial process where parties exchange information and evidence. Includes interrogatories (written questions), depositions (oral testimony), document requests, and admission requests. Prevents trial by ambush—both sides know what evidence exists. Deadlines are court-enforced. Refusing to comply brings sanctions or case dismissal.
Dismissal
Court's decision to end a case without fully hearing it. Dismissal with prejudice is final—can't refile. Dismissal without prejudice allows refiling. Reasons include procedural errors, lack of jurisdiction, or settlement. Voluntary dismissal occurs when plaintiff withdraws. Dismissal differs from losing—often just a technical ruling.
Double Jeopardy
Constitutional protection preventing someone from being tried twice for the same crime after acquittal or conviction. Applies only to criminal cases, not civil. Exceptions: mistrials, appeals by defendant, separate sovereigns (state and federal charges). Once acquitted, you're free even if new evidence surfaces. Prosecution gets one shot.
Due Process
Constitutional right to fair legal proceedings before government can deprive you of life, liberty, or property. Includes notice of charges, chance to be heard, and impartial decision-maker. Procedural due process governs how laws are enforced. Substantive due process protects fundamental rights. Government can't act arbitrarily against citizens.
Eminent Domain
Government's power to take private property for public use with fair compensation. Used for roads, schools, utilities. Must prove public purpose and pay “just compensation” (fair market value). You can challenge the taking or compensation amount. Disputes often arise over what qualifies as public use and whether compensation is truly fair.
Estate
All property and assets someone owns at death. Includes real estate, bank accounts, investments, personal belongings. Estate administration involves paying debts and distributing remaining assets to heirs or beneficiaries. With a will, executor manages estate. Without one, administrator appointed by court. Estate taxes may apply to large estates.
Evidence
Information presented to prove or disprove facts. Types include testimony, documents, physical objects, expert opinions. Must be relevant and admissible (follow evidence rules). Circumstantial evidence implies facts; direct evidence proves facts directly. Hearsay (secondhand statements) is generally inadmissible unless an exception applies. Quality of evidence often determines case outcomes.
Executor
Person named in a will to manage the deceased's estate. Responsibilities: gathering assets, paying debts and taxes, distributing property to beneficiaries. Must follow will instructions and state law. Owes fiduciary duty to beneficiaries. Can be held personally liable for mismanagement. Choose someone trustworthy and financially savvy, not just family.
Expungement
Court-ordered process to seal or erase criminal records. Makes record invisible to most background checks. Not available for all crimes or in all states. Typically requires waiting period and no subsequent arrests. Doesn't erase the past for law enforcement or certain licensing. Employers usually can't see expunged records.
Felony
Serious crime punishable by more than one year in prison or death. Includes murder, rape, robbery, arson. Creates lasting consequences: affects voting rights, gun ownership, employment, professional licenses. More severe than misdemeanors. States define specific crimes differently. Convicted felons face enhanced sentences for future crimes.
Fiduciary Duty
Legal obligation to act in another's best interests with utmost loyalty and good faith. Applies to trustees, executors, attorneys, corporate directors, agents. Must avoid conflicts of interest and self-dealing. Breach can result in personal liability and damages. Financial advisors managing your money and guardians handling a child's assets both owe fiduciary duty.
Fifth Amendment
Constitutional protection against self-incrimination. You can “plead the Fifth” and refuse to answer questions that might make you look guilty. Only applies to testimony, not physical evidence (fingerprints, DNA). Can't be used in criminal trial to suggest guilt. Has exceptions in civil cases. Cornerstone of American criminal justice.
Foreclosure
Legal process where a lender takes property when borrower defaults on mortgage. Judicial foreclosure requires court action. Non-judicial foreclosure follows contract terms. Homeowner receives notice and chance to catch up (reinstatement period). Property gets sold at auction. Deficiency judgment possible if sale doesn't cover debt. Destroys credit for 7 years.
Fraud
Intentional deception to secure unfair or unlawful gain. Elements: false statement, knowing it's false, intent to deceive, victim's reasonable reliance, resulting harm. Both civil and criminal penalties possible. Types: credit card fraud, insurance fraud, securities fraud, identity theft. Not all lies are fraud—there must be tangible harm.
Grand Jury
Group of citizens (16-23 people) who review evidence to determine if criminal charges are justified. Proceedings are secret. Doesn't decide guilt—only whether probable cause exists to indict. Prosecution presents evidence; defense typically can't participate. “True bill” means indictment issued; “no bill” means charges dismissed. Only in federal and some state cases.
Guardian
Person appointed by court to make decisions for someone unable to do so (minor or incapacitated adult). Guardian of the person handles healthcare and living arrangements. Guardian of the estate manages financial matters. Court supervision required. Must act in ward's best interests. Can be temporary or permanent. Family members are common choices but not automatic.
Guilty Plea
Formal admission in court that you committed the crime charged. Waives right to trial. Judge must verify it's voluntary and you understand consequences. Often part of plea bargain. Can't be withdrawn easily once accepted. Never plead guilty without understanding the full impact on your record, rights, and future.
Habeas Corpus
Legal action challenging the lawfulness of detention or imprisonment. Forces government to justify holding someone. Constitutional right preventing illegal imprisonment. Used post-conviction to challenge sentence validity. Must show constitutional violation or new evidence. Not available for all situations. Protection against government overreach.
Hearsay
Out-of-court statement offered to prove the truth of what it asserts. Generally inadmissible because opposing party can't cross-examine the original speaker. Dozens of exceptions exist: dying declarations, excited utterances, business records. Not all secondhand statements are hearsay—depends on purpose. Excluding hearsay protects trial fairness and confrontation rights.
Homicide
Killing of one person by another. Not always a crime. Murder requires intent or extreme recklessness. Manslaughter lacks premeditation (heat of passion or negligence). Justifiable homicide includes self-defense and police shootings. Degree (first, second) affects sentencing. Death penalty possible for first-degree murder in some states. Investigations are thorough and penalties severe.
Impeachment (of witness)
Challenging a witness's credibility through contradictions, bias, or character evidence. Not removing from office—that's different impeachment. Attorneys can show prior inconsistent statements, criminal convictions, or motives to lie. The goal is making jury doubt the witness's truthfulness. Doesn't mean witness lied—just questions reliability.
Indictment
Formal written accusation from a grand jury charging someone with a crime. Required for federal felonies. Details charges and basic facts. Defendant then proceeds to arraignment. Alternative in many states: information (filed by prosecutor without grand jury). Getting indicted means prosecutors met probable cause standard, not that you're guilty.
Injunction
Court order requiring someone to do or stop doing something. Temporary restraining order (TRO) provides immediate short-term protection. Preliminary injunction lasts until trial. Permanent injunction is final. Common uses: stopping copyright infringement, preventing property damage, enforcing non-compete agreements. Violating an injunction is contempt of court.
Interrogatories
Written questions one party sends to another during discovery. Must be answered under oath within 30 days typically. Used to gather facts, identify witnesses, narrow issues. Number often limited by court rules (20-25 common). Tool for locking in opponent's story before trial. Evasive or incomplete answers can be challenged.
Judgment
Court's final decision on rights and liabilities of parties. In civil cases, usually awards money or orders specific action. In criminal cases, conviction and sentence. Becomes official court record. Can be appealed within time limits. After appeals exhausted, judgment is final. Winning party can enforce judgment through garnishment, liens, or property seizure.
Jurisdiction
Court's authority to hear a case and make decisions. Subject matter jurisdiction is power over case type (criminal, civil, family). Personal jurisdiction is power over parties (requires connection to location). Federal courts have limited jurisdiction; state courts have general jurisdiction. Filing in wrong court gets case dismissed. Jurisdiction can't be waived if absent.
Jury
Group of citizens who decide facts in a trial. Criminal juries determine guilt; civil juries determine liability and damages. Typically 6-12 people. Selected through voir dire process. Must reach unanimous verdict in criminal cases (most states). Deliberations are private. Serving is a civic duty. Jury nullification (refusing to convict despite evidence) is rare but possible.
Lawsuit
Civil legal action where plaintiff seeks money damages or court orders from defendant. Begins with filing complaint and serving defendant. Goes through discovery, motions, and possibly trial. Most settle before trial. Time-consuming and expensive. Common types: personal injury, contract disputes, employment claims. Winning means getting a judgment that must then be enforced.
Liability
Legal responsibility for actions or debts. In civil cases, being liable means owing damages. Strict liability imposes responsibility without proving fault (defective products). Vicarious liability holds one party responsible for another's actions (employer for employee). Limited liability (corporations, LLCs) protects personal assets. Insurance often covers liability up to policy limits.
Lien
Legal claim against property to secure debt payment. Property can't be sold or refinanced until lien is resolved. Common types: mortgage liens, tax liens, mechanic's liens, judgment liens. Priority matters—first liens get paid first. Liens survive property transfers unless cleared. Foreclosure and seizure are enforcement methods. Can tank property value and sales.
Litigation
The process of taking a case through court. Includes filing, discovery, motions, trial, appeals. Alternative: alternative dispute resolution (arbitration, mediation). Litigation is public, formal, expensive. Can take months to years. Attorney fees add up quickly. Many cases settle to avoid litigation risks and costs. “In litigation” means actively being fought in court.
Malpractice
Professional negligence by someone in a licensed profession (doctor, lawyer, accountant). Must prove: duty existed, standard of care breached, breach caused harm, damages resulted. Medical malpractice is most common. Requires expert testimony to establish standard of care. Damages can be substantial. Time limits (statutes of limitations) are short and strictly enforced.
Mediation
Voluntary dispute resolution where neutral third party helps parties reach agreement. Unlike arbitration, mediator doesn't decide—parties control outcome. Confidential process. Common in family law, employment disputes, contract disagreements. Cost-effective and faster than trial. No binding decision unless parties agree. Can preserve relationships better than adversarial litigation.
Miranda Rights
Warnings police must give before custodial interrogation: right to remain silent, statements can be used against you, right to attorney. Named after Miranda v. Arizona case. Only required when in custody and being questioned. If violated, statements may be excluded from trial. Only apply when you're detained and interrogated—not during traffic stops or voluntary conversations.
Misdemeanor
Less serious crime punishable by up to one year in jail, fines, or probation. Examples: shoplifting, DUI (first offense), simple assault, vandalism. Still creates criminal record but less severe than felonies. Classes vary by state (A, B, C or 1, 2, 3). Can still affect employment and housing. Multiple misdemeanors can lead to enhanced felony charges.
Motion
Formal request asking court to issue an order. Pre-trial motions address procedural issues (dismiss case, compel discovery). Trial motions occur during trial (suppress evidence, directed verdict). Post-trial motions follow verdict (new trial, judgment notwithstanding verdict). Must be in writing with legal arguments. Hearings may be required. Judges have discretion to grant or deny.
Negligence
Failure to use reasonable care, causing harm to another. Four elements required: duty, breach, causation, damages. Most common basis for personal injury lawsuits. Comparative negligence reduces damages by your percentage of fault. Standard is what a reasonable person would do in same circumstances. Not intentional harm—that's a different claim.
No Contest (Nolo Contendere)
Plea where defendant doesn't admit guilt but accepts punishment. Same effect as guilty plea for criminal case but can't be used against you in related civil lawsuit. Common in cases with civil liability potential (DUI with injuries). Judge must accept the plea. Not available in all jurisdictions or for all crimes. Limits civil exposure.
Notary Public
State-commissioned official who witnesses signatures and administers oaths. Verifies identity and confirms documents are signed willingly. Required for many legal documents (affidavits, deeds, powers of attorney). Must check ID and maintain records. Can't notarize documents where they have personal interest. Fraud by notary is a crime. Notaries don't provide legal advice.
Objection
Formal protest by attorney to evidence or procedure. Must state legal basis (hearsay, relevance, leading). Judge sustains (agrees) or overrules (disagrees). Objections preserve issues for appeal. If you don't object, you typically can't raise it later. Common objections: hearsay, speculation, asked and answered, argumentative. Timing matters—must object immediately.
Opening Statement
Attorney's roadmap of their case presented before evidence. Outlines what they'll prove and how. Not evidence—just preview. Sets expectations for jury. Plaintiff/prosecution goes first, then defense. Should be clear, logical, and persuasive. Can't argue—only describe expected evidence. Good openings frame the entire trial narrative.
Order
Judge's written or oral directive commanding or prohibiting an action. Enforceable immediately unless stayed. Violating orders can result in contempt. Types include temporary restraining orders, protective orders, support orders. Distinguished from judgment, which is final decision. Orders can be modified if circumstances change. Always follow court orders while seeking changes through proper legal channels.
Parole
Supervised early release from prison after serving part of sentence. Parole board decides based on behavior and rehabilitation. Strict conditions apply: regular check-ins, employment, no contact with victims, drug testing. Violations result in return to prison. Different from probation, which is sentence alternative. Not available for all crimes or in all states.
Perjury
Knowingly lying under oath. Must be material to the proceeding. Penalties include fines and prison time (up to five years federally). Applies to testimony, affidavits, sworn statements. Hard to prove—requires showing you knew statement was false. Recanting quickly may avoid charges. Mistakes aren't perjury—there must be intentional deception.
Plaintiff
Person or entity who files a civil lawsuit. Bears burden of proving claims by preponderance of evidence. In criminal cases, the government is the prosecution, not plaintiff. Plaintiff controls case initially: decides what to claim, whom to sue, when to settle. Can voluntarily dismiss case. If plaintiff prevails, they receive judgment they must then enforce.
Plea Bargain
Negotiated agreement between prosecutor and defendant to resolve criminal charges. Defendant pleads guilty to lesser charge or receives lighter sentence. Avoids trial uncertainty and expense. Over 90% of cases resolve this way. Judge must approve. Can include cooperation agreements. Once accepted, generally can't be withdrawn. Weigh long-term consequences before accepting.
Power of Attorney
Legal document authorizing someone to act on your behalf. General POA covers all matters; limited POA covers specific tasks. Durable POA survives incapacity; regular POA doesn't. Medical POA handles healthcare decisions. Ends at death. Agent owes fiduciary duty. Can be revoked anytime while competent. Estate planning tool for medical emergencies.
Precedent
Prior court decision that guides future cases with similar facts. Foundation of common law system. Higher courts' decisions bind lower courts in same jurisdiction. Stare decisis means “let the decision stand.” Precedent can be overturned but rarely. Distinguishing cases (showing different facts) avoids precedent. Past rulings predict future outcomes.
Preponderance of Evidence
Standard of proof in civil cases meaning “more likely than not” (over 50%). Far lower than beyond reasonable doubt. Think of it as tipping the scales slightly. If evidence is equally balanced, plaintiff loses because they bear the burden. Easier to win money damages in civil court than get criminal conviction.
Probable Cause
Reasonable grounds to believe something is true. Required for arrests, search warrants, indictments. More than suspicion but less than proof beyond reasonable doubt. Based on facts and circumstances, not hunches. Officers must articulate specific reasons. Protects against unreasonable searches and arbitrary arrests. Fourth Amendment foundation.
Probation
Court-supervised sentence served in community instead of jail. Conditions include regular check-ins with probation officer, drug tests, employment, restitution. Violations can result in jail time. Usually requires guilty plea or conviction. Length varies from months to years. Common for first-time offenders and minor crimes. Successfully completing probation may lead to record reduction.
Prosecute
To bring criminal charges and pursue conviction through court proceedings. Only government prosecutors can prosecute crimes, not private citizens (unlike civil cases anyone can file). Prosecutor's job is seeking justice, not just convictions. Must disclose exculpatory evidence (helps defendant). Prosecutorial discretion means choosing which cases to pursue. Prosecutorial misconduct can overturn convictions.
Reasonable Doubt
The standard protecting defendants from conviction without strong proof. Not scientific certainty or absolute proof—but no logical reason to doubt guilt based on evidence and common sense. Each juror must be convinced. If alternate explanation is reasonable, acquittal should follow. Benefits defendants. Doesn't mean all doubt—unreasonable doubts don't count.
Restitution
Court-ordered repayment to crime victims for their losses. Compensates for medical bills, property damage, lost wages, funeral expenses. Part of criminal sentence. Different from fines (paid to state). Can be enforced like civil judgment. Failure to pay can extend probation or result in jail. Amount based on actual documented losses. Not about punishment—about making victim whole.
Restraining Order
Court order prohibiting contact or proximity to another person. Temporary restraining orders (TRO) provide immediate protection. Permanent orders follow hearings. Common in domestic violence, stalking, harassment cases. Violation is contempt (criminal offense). Requires showing credible threat of harm. Can include stay-away distances, no-contact provisions. Police enforce violations.
Retainer
Upfront fee paid to attorney to secure their services. For hourly attorneys, it's deposited in trust account and billed against. For flat-fee cases, it's payment for agreed services. Non-refundable retainers keep attorney available. Retainer agreements should detail fee structure, scope of work, billing practices. Unused portions may be refundable depending on agreement.
Search Warrant
Court authorization for police to search specific location for specific items. Requires probable cause showing to judge. Must describe place and items with particularity. Can't be used for fishing expeditions. Must be executed within time limit. Evidence seized without valid warrant is usually excluded. Exceptions exist: consent, plain view, exigent circumstances.
Sentence
Punishment imposed after criminal conviction. Can include prison, jail, probation, fines, restitution, community service. Judge has discretion within statutory ranges. Sentencing guidelines in federal system. Factors considered: crime severity, criminal history, circumstances, victim impact. Mandatory minimums eliminate discretion for certain crimes. Can be appealed if illegal or excessive.
Settlement
Agreement resolving dispute without trial. Can occur anytime before final judgment. Usually involves payment and release of claims. Confidential settlements include non-disclosure agreements. Once signed, generally can't be undone. Most cases settle. Avoids trial risk and expense. Terms can be more creative than court could order. Weigh certainty against trial risk.
Small Claims Court
Special court for disputes involving limited money (typically $3,000-$10,000 depending on state). Simplified procedures. No attorneys required (some states prohibit them). Fast resolution. Filing fees are low. Limited appeal rights. Good for landlord-tenant disputes, unpaid debts, minor property damage. Evidence rules relaxed. Judge decides without jury. Winning still requires enforcement.
Statute
Written law enacted by legislature. Distinguished from case law (court decisions) and regulations (agency rules). Must follow constitutional requirements. Courts interpret ambiguous statutes. Can be amended or repealed. Federal statutes apply nationwide; state statutes within state borders. Ignorance of statutes isn't a defense. Legal research often starts with finding relevant statutes.
Statute of Limitations
Deadline for filing a lawsuit or bringing charges. Varies by case type and state. Personal injury often 2-3 years. Contract disputes often 4-6 years. Murder typically has no limit. Once expired, claim is barred forever. Discovery rule may delay start for injuries not immediately apparent. Missing deadline is fatal—even strong cases get dismissed.
Subpoena
Court order requiring someone to testify or produce documents. Failure to comply is contempt of court. Can be challenged if overly broad or privileged. Service must be proper. Witness fees typically required. Subpoena duces tecum demands documents. Grand jury subpoenas are secret. Can be quashed (cancelled) by court. Not optional—you must respond or face consequences.
Summary Judgment
Pre-trial ruling that no factual disputes exist and moving party wins as matter of law. Avoids trial when facts are undisputed and only legal questions remain. Evidence viewed in light most favorable to non-moving party. High bar to clear. Appeals often focus on whether summary judgment was proper. Saves time and money when case clearly favors one side.
Summons
Official notice that lawsuit has been filed against you. Includes complaint and deadline to respond (typically 20-30 days). Ignoring summons results in default judgment against you. Must be properly served (personally or by authorized method). Receiving summons starts the clock. Get attorney immediately. Timing matters—missing deadline costs you your defense.
Testimony
Statements made under oath by witnesses in court or depositions. Direct testimony answers attorney's questions. Cross-examination follows. Expert testimony requires special qualifications. Lay testimony is fact-based observation. Must be relevant and admissible. Can be impeached if inconsistent or unreliable. Juries assess credibility. False testimony is perjury.
Tort
Civil wrong causing harm, allowing victim to sue for damages. Not criminal or contract breach. Types: intentional (assault, fraud), negligence (car accidents, slip-and-fall), strict liability (defective products). Must prove: duty, breach, causation, damages. Tort reform efforts aim to limit damages. Personal injury law is mostly tort law. Goal is compensating victims.
Trial
Formal court proceeding where evidence is presented and fact-finder decides the case. Bench trial: judge decides. Jury trial: jury decides facts, judge decides law. Phases: opening statements, evidence presentation, closing arguments, deliberation, verdict. Public proceeding (usually). Most cases settle before trial. Constitutional right to jury trial in serious criminal cases.
Dismiss case, suppress evidence, summary judgment
Question potential jurors, identify biases
Attorneys outline their cases
Witnesses, documents, expert testimony
Final persuasion attempts
Private discussion and decision
Trust
Legal arrangement where one party (trustee) holds property for benefit of another (beneficiary). Grantor creates trust and transfers assets. Revocable trusts can be changed; irrevocable can't. Avoids probate. Provides asset protection and tax benefits. Common estate planning tool. Trustee has fiduciary duty. Many types: living trusts, testamentary trusts, special needs trusts.
Verdict
Jury's decision on the facts. Guilty/not guilty in criminal cases. Liable/not liable in civil cases. Must be based solely on evidence presented. General verdict states overall conclusion. Special verdict answers specific questions. Judge enters judgment based on verdict. Can be appealed if not supported by evidence or jury instructions were wrong.
Voir Dire
Jury selection process where attorneys question potential jurors to identify biases. Goal is impartial jury. Challenges for cause (unlimited) remove obviously biased jurors. Peremptory challenges (limited number) remove without stated reason. Can't exclude based on race or gender. Process affects outcomes. First phase of trial.
Waiver
Voluntary relinquishment of a known right. Must be knowing and voluntary. Can't be forced. Common waivers: right to trial, right to appeal, attorney-client privilege. Some rights can't be waived (certain constitutional protections). Written waivers preferred. Once waived, typically can't reclaim. Courts scrutinize waivers carefully to verify they're truly voluntary.
Warrant
Court authorization for police action. Arrest warrant allows taking someone into custody. Search warrant allows searching location. Bench warrant issues for failure to appear in court. Requires probable cause. Must be specific. Executed by law enforcement. Valid only in issuing jurisdiction unless reciprocity agreements exist. Challenging warrants requires legal expertise.
Will
Legal document directing property distribution after death. Must be in writing, signed by testator (person making will), and witnessed. Specifies executor and beneficiaries. Can include guardianship provisions for minor children. Doesn't avoid probate but directs its outcome. Can be changed anytime before death. Holographic wills (handwritten) valid in some states. Die without will means intestate succession.
Witness
Person who testifies about what they saw, heard, or know. Fact witnesses testify about observations. Expert witnesses offer opinions based on specialized knowledge. Must be competent (mentally capable). Can be subpoenaed. Subject to cross-examination. Credibility matters. Witness tampering or intimidation is a crime. Most trials rely heavily on witness testimony.
Most Common Legal Situations Americans Face
*Based on legal services usage data and surveys
When You Need an Attorney: Decision Guide
Always Get Attorney
- Criminal charges
- Felony accusations
- Police questioning
- Court summons
- Lawsuits over $10,000
Probably Need Attorney
- Contract disputes
- Personal injury
- Divorce with assets/kids
- Employment termination
- Business formation
Maybe Handle Alone
- Simple small claims
- Traffic tickets
- Basic contracts
- Uncontested divorce
- Simple estate planning
Impact of Legal Representation: The Statistics
| Legal Situation | With Attorney | Without Attorney | Difference |
|---|---|---|---|
| Criminal Case Dismissal Rate | 23% | 8% | +15% |
| Personal Injury Settlement Amount | $77,600 | $17,600 | +341% |
| Divorce Asset Recovery | 56% | 38% | +18% |
| Immigration Case Success Rate | 74% | 25% | +49% |
| Bankruptcy Chapter 7 Success | 96% | 66% | +30% |
Legal Problem Timeline: Act Fast or Pay the Price
Day 1:
Problem Occurs
Get arrested, receive summons, accident happens, contract dispute begins.
Days 1-7:
Critical Window
Consult attorney immediately. Evidence is fresh, witnesses remember, options are open.
Days 20-30:
Deadlines Approaching
Response deadlines expire. Miss them = default judgment or criminal warrant.
30+ Days:
Limited Options
Evidence disappears, witnesses forget, statute of limitations runs, position weakens
Months/Years Later:
Too Late
Case dismissed, rights forfeited, judgment uncollectible, criminal conviction stands.
