Common Legal Terms — page 2 of 9

Common Legal Terms terms

101. Best evidence Primary evidence; the best evidence available. Evidence short of this is "secondary.
102. Beyond a reasonable doubt The burden of proof that the State must establish in a criminal action.
103. binding precedent A prior decision by a court that must be followed without a compelling reason or significantly different facts or issues.
104. Bona fide In good faith, without fraud.
105. Bond A long-term debt instrument with the promise to pay a specified amount of interest and to return the principal amount on a specified maturity date.
106. Booking The process of photographing, fingerprinting and recording identifying data of a suspect. This process follows the arrest.
107. Bound supplement A supplement to a book or books which updates the material in permanent form. See pocket part.
108. Breach 1. The breaking or violating of a law, right or duty, either by an act or omission. 2. The failure to carry out any condition of a contract.
109. Breach of contract An unjustified failure to perform under the terms of a contract when performance is due.
110. Brief A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a…
111. Burden of proof In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit.
112. Business bankruptcy A proceeding under the Bankruptcy Code filed by a business entity.
113. Bylaws Bylaws are the self-imposed rules governing an incorporated company. The bylaws cover details such as the structure of the company, what the company's…
114. Calendar The calendar is the daily list of all cases scheduled for hearing. In Housing Court, it is computerized and usually includes notations written by the…
115. Canons of ethics Standards of ethical conduct for attorneys.
116. Capacity Your ability to make your mortgage payments on time. This depends on your income and income stability (job history and security), your assets and savings…
117. Capita Persons; heads.
118. Capital crime A crime punishable by death.
119. capital offense A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason.
120. Caption Heading or introductory part of a pleading.
121. case law The law as laid down in cases that have been decided in the decisions of the courts.
122. Cases General term for an action, cause, suit or controversy, at law or in equity.
123. Causa Una acción judicial, un juicio.
124. Causa mortis In expectation of death.
125. Causa prima First or original cause.
126. Causa proxima Immediate cause.
127. Cause A lawsuit, litigation or action. Any question, civil or criminal, litigated or contested before a court of justice.
128. Cause of action The fact or facts which give a person a right to relief in court.
129. Caveat Notice of opposition; caution; warning.
130. Caveat actor Let the doer beware.
131. Caveat emptor Let the buyer beware.
132. Censure An official reprimand or condemnation of an attorney. See disbarment or suspension.
133. Certification Certification means the approval by a certifying official that a labor condition application is complete and does not contain obvious inaccuracies.
134. Certiorari A writ of review or inquiry; to be made more certain.
135. Cestui The one.
136. Cestui que use Person who uses.
137. Challenge An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.
138. Challenge for cause A request from a party to a judge that a prospective juror not be allowed to be a member of a jury because of specified causes or reasons.
139. chambers A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.
140. Change of venue Moving the case from the jurisdiction of one bankruptcy court to another.
141. Charge The law that the police believe the defendant has broken.
142. charge to the jury The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
143. Charge, jury The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
144. Charta A charter, as a deed of land.
145. Chattel An article of personal property.
146. chief judge The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
147. Child Offspring of parentage; progeny, "issue."
148. Chronological Arranged in the order in which events happened; according to date, from the first event to the last event.
149. Circa About; concerning; in the area of.
150. Circumstantial evidence All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.
151. Citation 1. The written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents. 2.
152. Citators A set of books which provides the subsequent history of reported decisions through a form of abbreviations or words.
153. Civil Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.
154. Civil action An action brought by a party to enforce or protect private rights.
155. Civil law Law based on a series of written codes or laws.
156. Civil procedure The rules and processes by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct and the…
157. Claim Your request for the insurance company to pay you an amount under the terms of your policy.
158. Class action A lawsuit brought by one or more persons on behalf of a larger group. Individuals seeking to maintain a class action must file a formal motion requesting…
159. Clean air acts Federal and state environmental statutes enacted to regulate and control air pollution.
160. Clear and convincing evidence Standard of proof used in certain lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff…
161. clerk of court An officer appointed by the court to work with the chief judge in overseeing the courts administration, especially to assist in managing the flow of cases…
162. Closing argument The closing statement, by counsel or a pro se litigant, to the trier of facts after all parties have concluded their presentation of evidence at trial.
163. Code of Federal Regulations (CFR) (CFR) An annual publication which contains the cumulative executive agency regulations.
164. Code of Professional Responsibility The rules of conduct that govern the legal profession.
165. Codicil An amendment to a will.
166. Collateral Estoppel Doctrine which provides that a court ruling concerning a disputed set of facts in one action is binding on those same parties in future proceedings…
167. commit To send a person to prison, asylum or reformatory by a court order.
168. Committitur Entry which records a defendant's commitment.
169. common law Law established by subject matter heard in earlier cases. Also called case law.
170. Commutation The reduction of a sentence, as from death to life imprisonment.
171. Comparative negligence The rule under which negligence is measured by percentage, (and damages are diminished) in proportion to the amount of negligence attributable to the…
172. Complainant The party who complains or sues; one who applies to the court for legal redress. See plaintiff.
173. Complaint A written communication primarily expressing a grievance against an insurance company or agent.
174. Compos mentis Of a sound mind; sane.
175. Conciliation A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve…
176. Concurrent sentences Sentences for more than one crime that are to be served at the same time, rather than one after the other.
177. Condemnation The legal process by which the government takes private land for public use, paying the owners a fair price. See eminent domain.
178. Condicto A summons; an action.
179. Conditio sine qua non A necessary condition.
180. Conformed copy An exact copy of a document that could not be or was not copied. For example, a written signature may be replaced on a conformed copy with a notation that…
181. Consecutive sentences Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more crimes.
182. Consent Agree to voluntarily accept the wish of another.
183. Conservatorship Conservatorship is a legal procedure for the management of financial institutions for an interim period during which the institution’s conservator…
184. Consideration An item of value given in exchange for a promise or act.
185. Constitution The fundamental law of a nation or state which establishes the character and basic principles of the government.
186. Constitutional law Law set forth in the Constitution of the United States and the state constitutions.
187. Consumer bankruptcy A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.
188. Contempt of court Willful disobedience of a judge's command or of an official court order.
189. Continuance Postponement of a legal proceeding to a later date. Also, adjournment.
190. Contra Contrary to.
191. Contra bonos mores Against good morals.
192. Contra formam statuti Against the form of the statute.
193. Contra pacem Against the peace.
194. Contract In most cases, the term "contract" refers to an insurance policy. A policy is considered to be a contract between the insurance company and the…
195. Contributory negligence The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a possible bar to a complete recovery.
196. Conveyance Instrument transferring title of an object from one person or group of persons to another.
197. Conviction A judgment of guilt against a criminal defendant.
198. Coram Before; in the presence of.
199. Coram judice Before the jurisdiction of the court.
200. Coram nobis To bring to the attention of the Court; a writ of coram nobis is used to bring factual errors to the attention of the Court and to get relief from same.