Entering law school is a lot like starting to learn a brand new language. Words like ad litem, in rem and in personam sound the same as old Latin but are given new meanings in the courtroom. Every practicing lawyer began with no experience and had to start somewhere.
We clarify the important legal terms that may arise for you. We will leave out hard-to-understand textbook explanations and give you definitions you can easily use.
Why Legal Language Exists
Using clear and solid words in legal writing serves a useful purpose. Each and every detail is important to consider when millions or a person’s freedom are at stake. Elusive or comfortable language is something lawyers cannot get away with.
Remember that legal terms can be used like tools. Every fertility medication is meant for a particular purpose. As soon as you get to know the tools, reading cases and writing briefs becomes much simpler.
Criminal Law Terms You Need to Know
Burden of Proof: The responsibility of proving certain facts lies with specific people. It is required in criminal cases for prosecutors to satisfy the court that a person is guilty beyond all doubt. This means that the evidence must show enough for any sensible person to believe in the defendant’s guilt.
Mens Rea: What mental conditions lead someone to commit a crime. Was breaking the law an intentional action for the person? There are different types of crimes and each one usually demands a certain mental state. The act of murder is only possible when a person intends to kill. To charge manslaughter, it is sometimes enough that the action is just reckless.
Actus Reus: Taking part in a physical activity that is illegal. You shouldn’t only think of robbing a bank, you actually have to try or carry it out.
Miranda Rights: The steps police need to take and statements they have to make before questioning suspects in custody. That line comes from the Supreme Court case of Miranda v. Arizona.
Probable Cause: There is credible evidence that supports the accusation against the suspect. It is necessary for police to have probable cause to make an arrest or search someone’s property without a warrant.
Civil Law Fundamentals
Plaintiff vs. Defendant: After the lawsuit is filed by the plaintiff, they demand compensation for their losses. A claim is brought against the defendant who must then respond to it. Please note: a plaintiff starts the legal action by taking their concern to court.
Preponderance of the Evidence: Usually, civil cases require less evidence than criminal cases. This means that the chances are more than 50%. Lower than the standard employed with criminal cases which requires evidence that meets or exceeds what an ordinary reasonable person would believe.
Damages: Compensation for losses given as money. A person can receive compensatory damages to account for their medical costs. Those who commit serious wrongs can be punished with punitive damages.
Negligence: Being careless which ends up hurting someone else. Under tort law, a case is built when there is a duty, a breach of duty, causation and damages.
Tort: An offense committed against another person by breaking civil rights. Some common torts are car accidents, problems caused by medical malpractice and defamation.
Contract Law Essentials
Consideration: Something meaningful traded amongst the parties. In order for it to be valid, both parties must make compromises. It can be monetary payments, valuable services or an assurance to act a certain way.
Breach of Contract: Not following the terms described in the agreement. The one who is hurt by the breach can either file a claim for damages or request that the court enforce the contract.
Statute of Frauds: Laws that stipulate certain contracts should be made in writing. Real estate contracts that last longer than a year and agreements reaching a specific dollar amount must be put in writing.
Parol Evidence Rule: After a contract is signed, courts rarely look at extra evidence about what the parties may have actually agreed upon.
Constitutional Law Basics
Due Process: Legal justice for all. The government is not allowed to remove life, liberty or property without using the correct legal process.
Equal Protection: The Principle that everyone getting similar treatment under similar circumstances is important. All people may not be treated the same, but the reasoning behind every classification should make sense.
Commerce Clause: Congress has the authority to control trade activities within the country. Many federal laws and regulations have been included under this clause.
Judicial Review: Courts may determine that some laws are inconsistent with the constitution. Even though the power isn’t listed in the Constitution, it was confirmed by the Court in Marbury v. Madison (1803).
Procedural Terms That Matter
Jurisdiction: The ability of a court to deal with a case. Personal jurisdiction gives power to start court actions involving particular people. It is known as subject matter jurisdiction when courts are able to make decisions on certain types of cases.
Venue: The right place for holding a trial. Even if the case falls under the court’s rules, it can still be transferred to a different court to make things easier or more just.
Discovery: The part of the process before trial during which they present and exchange information. Part of the process is giving sworn statements in a deposition, requesting and gathering documents, and answering written questions called interrogatories.
Motion: A written request to the court requesting a certain action. Opposing lawyers regularly file motions to reject a case, omit certain evidence, or make summary judgment.
Appeal: Appealing a ruling made by the lower court by asking for a review in a higher court. Legal review usually focuses on possible errors rather than arguing about facts.
Evidence Law Terms
Hearsay: This means saying the truth outside of any court proceedings. Most of the time, coaches stay outside the courtroom, but many exceptions apply.
Objection: Lawyers can raise objections in court stating that the process is breaking the court’s rules. Many objections come from accusing the person of leading the witness or encouraging speculation.
Admissible Evidence: The facts given to the jury by the court to analyze. The evidence must be connected to the case and can be trusted to enter into a trial.
Chain of Custody: Information on the people who managed the physical evidence and the timing of these actions. Failed chains of evidence may mean that certain proof can’t be introduced in court.
Business Law Basics
Fiduciary Duty: The responsibility to do things that benefit another person rather than yourself. As fiduciaries, corporate directors are responsible to shareholders.
Piercing the Corporate Veil: Making business owners bet their personal resources to cover the debts of their company. It is often the case when owners combine their private money with their business accounts or commit fraud.
Ultra Vires: Steps by a company that go beyond what is allowed by law. Under today’s corporate law, companies generally have a lot of scope for action, so it is rare for claims of ultra vires to arise.
Property Law Concepts
Fee Simple: Absolutely complete control over the property owned. Individuals have the right to sell, rent out, or give way their property at any time, while they are still alive or after their death.
Easement: Having permission to use another person’s property for a particular usage. Electricity companies are usually granted easements to set up power lines across other people’s property.
Adverse Possession: Being able to own property by openly occupying it for a certain time as directed by rules. Laws between states are not the same.
Title: Title to a piece of property can be transferred legally from a seller to a buyer. A title search shows that the sellers are the actual owners of what they intend to sell.
Tips for Mastering Legal Terminology
Create Flashcards: On the one side, write the term and on the other side, copy the definition. Go over these ideas each day during the drive home or at night before sleeping.
Use Terms in Context: Learning ideas is as important as practicing definitions. Say each term in a sentence at least once. Le et you write a case using the new vocabulary you have learned.
Read Legal News: Visit online sources of legal updates and news. Applying the terms in real scenarios improves your knowledge.
Join Study Groups: Help your classmates by annually discussing any vocabulary terms that are confusing. While teaching, you must understand the concepts well.
Make Connections: Make a new term clearer by relating it to knowledge you’ve already gained. When you know the basics of legal language, you find it easier to understand more difficult ideas.
Common Mistakes to Avoid
Don’t Memorize Without Understanding: If you want to use res ipsa loquitur, you should know when the situation meets the requirement.
Avoid Casual Usage: Legal terms always have specific meanings. Try not to include these words in common conversation or you might end up using them incorrectly.
Don’t Skip Context: A term may describe different ideas depending on the law being applied. Consideration is used to refer to a different concept in criminal law than it is in contracts.
Building Your Legal Vocabulary
Get to know these key parts, but go on to learning more later. The language used in law is always expanding and covers many subjects. New decisions made by the court introduce new concepts. When society changes, there are new legal problems and terms to deal with. Understanding Complex Legal Concepts: A Simplified Guide
Buy or download a legal dictionary so you have it ready when you need one. The leading law dictionary is Black’s, however, there are many online resources. As soon as you come across terms you do not recognize, check their meaning straight away.
You get better at legal writing as you keep practicing it. Include the official and standard terms in all your assignments. As you use the terms right, they will feel like second nature to you. The Ultimate Guide to Legal Research for Young Lawyers
Beginning law school will require you to work hard. Legal words should not stop you from learning about the law. Every expert had to start from the beginning. Working consistently and having a good approach will help you master legal words and start acting as a lawyer. How To Avoid 5 Common Mistakes Law Students Make on Exams
Good lawyers have to write and speak accurately. Being familiar with these terms will provide you with a firm base for all the rest of your career in law. Why Choose a Legal Career? Benefits, Challenges & Expert Insights
