Understanding the Language of Law

At Barton & Associates, we firmly believe that an informed client is an empowered client. The legal system operates through specialized language that can seem like a foreign tongue to those encountering it for the first time. This glossary is designed to demystify that language, providing clear, accessible definitions for fundamental legal terms you’re likely to encounter when working with our firm or navigating the legal landscape. While no single document can encompass every legal nuance, this guide serves as a practical starting point for building your legal literacy. We encourage you to refer back to this resource whenever you encounter an unfamiliar term, and to always reach out to our team for clarification specific to your situation.

A

Affidavit
A written statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and signed before an authorized officer such as a notary public. An affidavit is considered evidence, much like witness testimony given in court, but it is presented in written form. For example, in a personal injury case, an affidavit from a medical professional might be used to verify the extent of your injuries without requiring the doctor to appear in court.

Allegation
A claim or assertion that someone has done something illegal or wrong, typically one made without proof. In legal proceedings, allegations form the basis of a complaint or charge. It is crucial to understand that an allegation is not a finding of fact; it is what one party claims to be true and must be proven through evidence. The party making the allegation carries the burden of proof.

Answer
In a civil lawsuit, the formal written response filed by the defendant to the plaintiff’s complaint. The answer addresses each allegation in the complaint, typically by admitting, denying, or stating that the defendant lacks sufficient information to admit or deny. It may also assert affirmative defenses (reasons why the plaintiff’s claim should not succeed even if the allegations are true) and counterclaims against the plaintiff.

Arbitration
A form of alternative dispute resolution (ADR) where a neutral third party (an arbitrator or panel of arbitrators) hears evidence and arguments from both sides and then renders a binding decision. Arbitration is often less formal, faster, and more private than a traditional court trial. Many contracts include arbitration clauses requiring disputes to be resolved through this process.

B

Breach of Contract
The failure to perform any term of a contract without a legitimate legal excuse. This can include failure to perform on time, failure to perform in accordance with the terms of the agreement, or failure to perform at all. The non-breaching party is typically entitled to seek remedies, often in the form of monetary damages, to compensate for the loss caused by the breach.

Brief
A written legal document presented to a court that argues why one party to a particular case should prevail. A brief sets out the facts of the case, the legal issues involved, and the party’s legal arguments and citations to relevant statutes and prior case law (precedent). Unlike its name suggests, a brief can be quite lengthy and detailed.

Burden of Proof
The obligation of a party to prove its allegations or claims in a legal proceeding. The standard of proof varies depending on the type of case. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” a very high standard. In a civil case, such as a personal injury or breach of contract lawsuit, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that their claims are true.

C

Civil Law
The body of law dealing with disputes between individuals, organizations, or between the two, in which compensation may be awarded to the victim. Civil cases are distinct from criminal cases, which involve acts considered harmful to society as a whole and are prosecuted by the state. Common types of civil law include contract law, tort law (personal injury), family law, and estate law.

Complaint
The initial pleading that starts a civil lawsuit. The complaint is filed by the plaintiff and sets forth the facts upon which the claim is based, the legal grounds for the court’s jurisdiction, and the specific remedy being sought (usually monetary damages or an injunction). It is the document that “complains” about a wrong and asks the court to fix it.

Contract
A legally binding agreement between two or more parties that creates mutual obligations enforceable by law. The basic elements required for a valid contract are: (1) an offer, (2) acceptance of that offer, (3) consideration (something of value exchanged by each party), (4) mutual assent (a “meeting of the minds”), and (5) legal capacity of the parties to enter into the agreement.

Criminal Law
The system of law concerned with the punishment of individuals who commit crimes. It involves prosecution by the government (the state or federal) against a person accused of a crime. Crimes are acts or omissions prohibited by statute because they threaten public safety and welfare. Convictions can result in penalties including fines, probation, and imprisonment.

D

Damages
Monetary compensation awarded by a court to an individual who has suffered loss or injury due to the wrongful act of another party. There are several categories:

• Compensatory Damages: Intended to directly compensate for the loss incurred (e.g., medical bills, lost wages, property repair costs).
• General Damages: Compensation for non-economic harm (e.g., pain and suffering, emotional distress).
• Punitive Damages: Awarded not to compensate the plaintiff, but to punish the defendant for particularly reckless or malicious conduct and to deter similar future conduct.

Defendant
The person, company, or institution against whom a legal action (a civil lawsuit or a criminal prosecution) is brought. In a civil case, the defendant is the party alleged to have caused harm to the plaintiff. In a criminal case, the defendant is the person accused of committing a crime.

Deposition
A part of the pre-trial discovery process where a witness or party to the case gives sworn, out-of-court testimony. The testimony is given orally, with attorneys for all parties present and able to ask questions. A court reporter creates a verbatim transcript. Depositions are used to gather information, lock in a witness’s story, and assess their credibility before trial.

Discovery
The formal, pre-trial process during which each party can obtain evidence from the opposing party. Tools of discovery include depositions, interrogatories (written questions), requests for production of documents, and requests for admission. The purpose is to eliminate surprises, clarify the issues, and encourage settlement by ensuring all parties have access to the same information.

Dismissal
A court order that terminates a case without a judgment on the merits. A case can be dismissed “with prejudice,” meaning it cannot be refiled, or “without prejudice,” meaning the plaintiff is free to file the lawsuit again, often after correcting a procedural defect.

E

Estoppel
A legal principle that prevents a person from asserting or denying a fact, or taking a legal position, that is contrary to a previous position they have taken, either by word or conduct, especially when someone else has relied on that previous position to their detriment. It is a doctrine of fairness intended to prevent injustice.

Evidence
Any type of proof legally presented at a trial through witnesses, records, documents, concrete objects, etc., for the purpose of persuading the judge or jury of a party’s claim. Evidence must generally be relevant (tending to prove or disprove a fact in issue) and admissible under complex rules of evidence.

F

Felony
A category of crime considered more serious than a misdemeanor, typically punishable by imprisonment for more than one year or by death. Examples include murder, rape, arson, and armed robbery. Conviction of a felony can also result in the loss of certain civil rights, such as the right to vote or own firearms.

Fiduciary Duty
A legal obligation of one party to act solely in another party’s best interests. The party owing the duty is called the fiduciary, and the party to whom the duty is owed is the principal or beneficiary. This is the highest standard of care and requires utmost good faith and loyalty. Common fiduciary relationships include attorney-client, trustee-beneficiary, and corporate board-shareholders.

L

Liability
Legal responsibility for one’s acts or omissions. If a person or entity is found liable in a civil case, they are legally obligated to compensate the injured party. Establishing liability typically involves proving that a duty was owed, that duty was breached, and the breach caused actual harm or damage.

Lien
A legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that it secures is satisfied. It is a claim against property as security for a debt. If the obligation is not discharged, the creditor may seek to foreclose on the lien and force the sale of the property to satisfy the debt. Common examples include mortgage liens and mechanic’s liens.

Litigation
The process of taking legal action; the process of resolving disputes by filing or answering a complaint through the public court system. It encompasses all phases of a lawsuit from the initial filing, through discovery, pre-trial motions, trial, and any appeals.

M

Mediation
A voluntary, confidential form of alternative dispute resolution (ADR) in which a neutral third party (the mediator) facilitates negotiation between disputing parties to help them reach a mutually acceptable settlement. The mediator does not impose a decision; instead, they assist the parties in communicating and exploring solutions. Mediation is often less adversarial and less expensive than litigation.

Misdemeanor
A criminal offense less serious than a felony, usually punishable by a fine, probation, community service, or incarceration in a local jail for less than one year. Examples include petty theft, simple assault, disorderly conduct, and first-time drunk driving offenses.

Motion
A formal request made to a judge for a specific ruling or order on a particular issue before, during, or after a trial. Motions are filed in writing and are often accompanied by a supporting brief. Common motions include a Motion to Dismiss (arguing the case has no legal basis) and a Motion for Summary Judgment (arguing there are no factual disputes and the law dictates one party must win).

P

Plaintiff
The person, company, or entity who initiates a lawsuit by filing a complaint. The plaintiff is the party who alleges they have been wronged or injured and seeks a legal remedy from the court, typically from the defendant.

Pleading
The formal, written statements filed with the court that outline the basic positions of the parties in a lawsuit. The primary pleadings are the plaintiff’s Complaint and the defendant’s Answer. Pleadings establish the framework of the dispute and the issues to be resolved.

Power of Attorney
A legal document that grants one person (the “agent” or “attorney-in-fact”) the authority to act on behalf of another person (the “principal”) in legal, financial, or healthcare matters. Powers of Attorney can be general (broad powers) or specific (limited to certain acts), and they can be durable (remaining in effect if the principal becomes incapacitated) or non-durable.

Precedent
A principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts. The doctrine of stare decisis (“to stand by things decided”) is the practice of following precedent, which promotes consistency and predictability in the law.

Probate
The judicial process through which a deceased person’s will is validated, their assets are identified and gathered, debts and taxes are paid, and the remaining property is distributed to the beneficiaries named in the will (or to heirs, if there is no will). The process is supervised by a probate court.

S

Settlement
An agreement reached between parties in a lawsuit to resolve the dispute before a final court judgment. Settlements are voluntary and typically involve the defendant paying the plaintiff a sum of money in exchange for the plaintiff dropping the lawsuit. The vast majority of civil cases end in settlement, avoiding the cost, time, and uncertainty of a trial.

Statute
A formal written law enacted by a legislative body at the federal, state, or local level. Statutes are also called “acts” or “legislation.” They are the primary source of law and are collected in codes (e.g., the U.S. Code, state revised statutes).

Statute of Limitations
The legally defined time period within which a lawsuit must be filed. Once this period expires, the potential plaintiff loses the right to sue. The length of the period varies depending on the type of case (e.g., personal injury, breach of contract, medical malpractice) and the jurisdiction. It is critical to consult an attorney promptly to avoid losing your rights.

Subpoena
A court order requiring a person to appear in court to give testimony (subpoena ad testificandum) or to produce documents or other tangible evidence (subpoena duces tecum). Failure to comply with a valid subpoena can result in being held in contempt of court.

T

Testimony
Evidence provided by a competent witness under oath or affirmation, either orally in open court or in a written affidavit or deposition. Testimony is a primary method for presenting facts to a judge or jury.

Tort
A civil wrong, other than a breach of contract, that causes harm or loss, resulting in legal liability for the person who commits the wrongful act. The purpose of tort law is to provide relief for damages incurred and to deter others from committing similar harms. Common torts include negligence (e.g., car accidents, slip-and-fall), defamation, and intentional infliction of emotional distress.

V

Verdict
The formal decision or finding made by a jury (or a judge in a bench trial) at the conclusion of a trial. The verdict represents the jury’s determination of the facts and its application of the law, as instructed by the judge, to those facts. In a criminal case, the verdict is “guilty” or “not guilty.” In a civil case, the verdict is a finding for the plaintiff or the defendant, often specifying an amount of damages.

Using This Glossary and Your Next Steps

This glossary serves as a bridge to better understanding, but it is not a substitute for personalized legal counsel. The law is nuanced, and the application of these terms can vary dramatically based on the specific facts of your case, jurisdictional differences, and evolving legal precedent.

Important Disclaimers:

No Attorney-Client Relationship: Your use of this glossary does not create an attorney-client relationship with Barton & Associates.

Not Legal Advice: The information contained herein is for general educational and informational purposes only. It is not intended as, and should not be taken as, legal advice for any individual case or situation.

Consult a Licensed Attorney: The precise meaning and impact of any legal term depend on context. You should not act or refrain from acting based on these definitions without first seeking the advice of a qualified attorney licensed in your jurisdiction regarding your particular circumstances.

How Barton & Associates Can Help

If you have encountered a legal term or concept that concerns you, or if you are facing a situation where you believe legal rights or obligations are at issue, the next step is a confidential consultation. At Barton & Associates, we are committed to:

• Listening to your unique story and concerns.
• Explaining the relevant laws, processes, and terminology in clear, straightforward language tailored to your situation.
• Analyzing your options and providing honest, strategic advice on the best path forward.
• Advocating for your rights and interests with diligence and expertise.

Don’t navigate the complexities of the legal system alone. Let our experience be your guide. Contact Barton & Associates Today to schedule a confidential consultation and discuss how we can help you move forward with confidence.