Glossary

At Boxed Out Law, we understand that legal terms can often seem confusing. That’s why we’ve created this page to provide simple, easy-to-understand definitions of legal terms and concepts. Our goal is to make these terms more accessible to everyone, helping you navigate the world of law with greater clarity.

A.

Alimony

Financial support one spouse must pay to the other after a divorce. It helps ensure the lower-earning spouse maintains a similar standard of living post-divorce.

Arbitration

A process where disputes are resolved outside of court by a neutral third party. This is typically faster and less formal than a trial.

Assignment

The transfer of rights or responsibilities from one person to another. It’s often used in contracts and business dealings.

Affidavit

A written statement sworn to be true, often used as evidence in court. It is signed in the presence of a notary public.

Acquittal

A legal judgment that a defendant is not guilty of the crime they were charged with. It clears the defendant of all charges.

Appeal

A legal judgment that a defendant is not guilty of the crime they were charged with. It clears the defendant of all charges.

Asset

Anything of value owned by a person or business. It can include property, money, and other possessions.

Adjudication

The legal process of resolving a case or dispute. This typically involves a court making a final decision.

Arraignment

The legal process of resolving a case or dispute. This typically involves a court making a final decision.

Abatement

The reduction or cessation of a legal action or obligation. It can be used to stop a lawsuit or reduce certain penalties.

B.

Bankruptcy

A legal process for individuals or businesses to seek relief from overwhelming debt. It involves restructuring or discharging debts under court protection.

Breach of Contract

When one party fails to fulfill their obligations under a contract. This can lead to legal action and compensation for damages.

Bail

Money or property given to the court as a guarantee that a defendant will return for their trial. It allows a person to be released from custody while awaiting trial.

Beneficiary

A person or entity that benefits from a will, trust, or other legal arrangement. They receive assets or funds according to the terms specified.

Bill of Sale

A document that transfers ownership of goods or property from one person to another. It’s often used in sales and property transactions.

Burden of Proof

The responsibility of a party to prove the claims they are making in a case. This usually falls on the plaintiff or prosecutor.

Brief

A written document outlining a party’s arguments and legal reasoning in a case. It is submitted to the court to support a party’s position.

Burden of Proof

A form of arbitration where the decision made by the arbitrator is final and legally enforceable. It cannot be contested in court.

Burden of Proof

A written document outlining a party’s arguments and legal reasoning in a case. It is submitted to the court to support a party’s position.

C.

Contract

A legally binding agreement between two or more parties. It outlines specific rights, duties, and obligations.

Claim

A formal request or statement asserting a right or demand under the law. It can be filed by a person or party seeking justice or compensation.

Compensation

Payment made to someone for loss, injury, or services provided. It’s usually monetary but can also be in the form of other benefits.

Contingency Fee

A payment structure where a lawyer’s fee is based on winning the case. The lawyer is paid a percentage of the settlement or award if the client wins.

Contempt of Court

Actions that disrespect or disobey court authority. This can result in penalties or other legal consequences.

Custody

The legal right to care for and make decisions about a child or property. It’s often part of divorce or family law cases.

D.

Damages

Money awarded to a person as compensation for harm or loss suffered.

Defendant

A person or party being accused or sued in a court case.

Deposition

A sworn statement or testimony given outside of court, often during the discovery phase of a case.

Dissolution of Marriage

The legal process of ending a marriage, or divorce.

Default Judgment

A ruling in favor of one party when the other fails to respond or appear in court.

Due Process

The legal requirement that a person must be treated fairly through the law and legal procedures.

E.

Estate

The total assets and liabilities owned by a person, especially after death.

Evidence

Information or material presented in court to prove or disprove a case.

Embezzlement

The theft of funds or property entrusted to one’s care, often by an employee or official.

Equitable Distribution

The fair division of property and assets in a divorce, though not necessarily equal.

Eminent Domain

The right of the government to seize private property for public use, with compensation.

Escrow

Money or property held by a third party until certain conditions are met.

F.

Felony

A serious crime punishable by imprisonment for over a year or by death.

Fiduciary

A person or entity entrusted with the duty to act in the best interests of another party.

Forensic Evidence

Evidence that is used in court, gathered through scientific methods like DNA analysis.

Foreclosure

The legal process by which a lender takes possession of a property when the borrower defaults on a loan.

Fraud

The intentional deception to gain unfair or unlawful advantage.

Felony Murder

A killing that occurs during the commission of a serious crime, like robbery or arson.

Family Law

The area of law that deals with family-related issues, including divorce, custody, and adoption.

 

Federalism

A system of government where power is divided between a central authority and constituent states.

G.

Garnishment

A legal procedure to withhold money from a person’s wages to satisfy a debt.

Grand Jury

A group of citizens who review evidence to determine whether criminal charges should be filed.

Gross Negligence

A system of government where power is divided between a central authority and constituent states.

Grievance

A formal complaint against an action or decision, often within an employment context.

Guardian

A person appointed by the court to care for someone who is unable to care for themselves, such as a minor or incapacitated person.

Guilty Plea

An admission by the defendant that they committed the offense they are charged with.

H.

Habeas Corpus

A legal order requiring that a person be brought before a court, especially to determine if their detention is lawful.

Harassment

Unwanted and offensive behavior that causes harm or distress to another person.

Hearing

A legal proceeding where evidence and arguments are presented, typically before a judge or magistrate.

Heir

A person entitled to inherit the property or estate of another, usually after their death.

Held in Trust

Property or assets that are managed by one party for the benefit of another.

Hijacking

The illegal seizure of an aircraft or other vehicle.

Homestead

A person’s residence, along with the land it occupies, which is sometimes protected by law from certain creditors.

I.

Injunction

A court order that requires a party to do or refrain from doing a specific act.

Indictment

A formal charge or accusation of a serious crime, typically presented by a grand jury.

Indemnity

Protection against financial loss or liability, often through insurance.

Informed Consent

Agreement given by a person who fully understands the risks and implications of an action or treatment.

Insubordination

The act of disobeying or refusing to follow lawful orders or instructions, particularly in a workplace.

Intellectual Property

Legal rights protecting creations of the mind, such as inventions, trademarks, and copyrights.

Intent

The state of mind or purpose behind an action, especially in criminal law.

J.

Jurisprudence

The theory or philosophy of law, or the body of court decisions that interpret and apply the law.

Judgment

A formal decision made by a court after a trial, determining the rights and obligations of the parties involved.

Jurisdiction

The authority of a court to hear and decide a case based on geographic area or subject matter.

Jury

A group of citizens selected to hear evidence and render a verdict in a legal case.

Joint Tenancy

A form of property ownership in which two or more people share equal rights to the property, with the right of survivorship.

Justiciable

Refers to a matter that is appropriate for court action or legal decision.

Judicial Review

The process by which courts examine the constitutionality or legality of actions taken by legislative or executive branches.

Joinder

The joining of two or more legal issues or parties in a single lawsuit.

K.

Killer’s Probate

The legal process by which a deceased person’s estate is administered after death, typically involving a will.

Knowledge

Awareness of facts or circumstances, often required for proving certain elements of a legal claim.

Kiting

A fraudulent act of moving funds between accounts without covering the checks to make use of the float.

Keeper of Records

An official responsible for maintaining and safeguarding the records of a particular organization, including legal records.

Key Witness

A witness who has substantial and critical information about the case.

Kin

A person’s family members or relatives, often relevant in inheritance law.

Kickback

A payment made to someone as part of an arrangement to exchange favors or services, often illegal.

Knock and Announce Rule

A legal principle requiring law enforcement to announce their presence before entering a property to execute a warrant.

Karma Doctrine

A legal principle based on the idea that wrongdoers will face consequences as part of the natural order.

L.

Liability

Legal responsibility for one’s actions or omissions, especially in the context of damages.

Lawsuit

A legal case or action taken by one party against another in a court of law.

Lien

A legal right to keep possession of property until a debt owed is discharged.

Litigation

The process of taking legal action or resolving disputes through court proceedings.

Living Will

A legal document that outlines an individual’s preferences regarding medical treatment in case they become incapacitated.

Legislative

Related to the lawmaking process, typically referring to a governing body that enacts laws.

Larceny

The unlawful taking of someone else’s property with the intent to permanently deprive them of it.

Liberal Construction

The interpretation of legal documents or laws in a broad and flexible manner.

Loss of Consortium

A legal claim for damages suffered by a spouse or family member due to injury or wrongful death of a loved one.

Liberalization

The act of easing or reducing restrictions or regulations, especially in law.

M.

Malfeasance

The performance of an unlawful act by a public official.

Mediation

A form of alternative dispute resolution where a neutral third party helps disputing parties reach a settlement.

Misdemeanor

A lesser criminal offense, typically punishable by a fine or a short period of imprisonment.

Mitigation

The reduction of damages or punishment by showing extenuating circumstances.

Moot

A legal issue that no longer requires resolution, typically because it has been resolved or is no longer relevant.

Malpractice

Professional negligence by a medical or legal professional that results in harm to a client or patient.

Motion

A formal request made to a court asking for a specific ruling or order.

Money Laundering

The process of concealing the origins of illegally obtained money, often by transferring it through legitimate businesses.

Minor

A person under the age of majority, usually 18 years old, who is considered legally incapable of making certain decisions.

Mandamus

A court order compelling a government official or entity to perform a duty they are legally obligated to carry out.

N.

Negligence

The failure to take reasonable care to avoid causing injury or loss to another person.

Nolo Contendere

A plea in criminal cases in which the defendant does not admit guilt but accepts punishment.

Nominal Damages

A small amount of money awarded when a legal wrong has occurred but no substantial harm was done.

Nuisance

An act that interferes with the use or enjoyment of land, such as excessive noise or pollution.

Notary Public

An official authorized to witness signatures on documents and administer oaths.

Negotiable Instrument

A written document that guarantees the payment of a specific amount of money, like a check or promissory note.

Non-Compete Agreement

A contract in which an employee agrees not to work for a competitor or start a competing business for a specified period after leaving a company.

Non-Disclosure Agreement (NDA)

A legal contract that prevents one party from disclosing confidential information shared by another party.

Notice of Appeal

A formal declaration that a party intends to challenge a court decision in a higher court.

Nunc Pro Tunc

A Latin term meaning “now for then,” referring to a retroactive correction of a previous court ruling.

O.

Obligation

A legal duty to do or not do something, often arising from a contract.

Offer

A proposal made to another party that, when accepted, creates a legally binding contract.

Oral Agreement

A contract made through spoken words rather than written documents.

Opposition

A formal objection or disagreement to a motion or proposal in legal proceedings.

Oath

A solemn promise to tell the truth or fulfill an obligation, typically taken in court.

Overrule

To reject or reverse a previous legal decision or ruling.

Onus

The burden or responsibility of proof in a legal case.

Order

A directive issued by a judge or court requiring someone to do or refrain from doing something.

Offense

A violation of the law that results in criminal or civil liability.

Occupancy

The act of possessing or occupying property or premises.

P.

Plaintiff

The person or party who initiates a lawsuit by filing a complaint.

Precedent

A legal decision or case that serves as an example or guide for future cases.

Plea

A defendant’s formal response to criminal charges (guilty, not guilty, or no contest).

Probate

The legal process of administering a deceased person’s estate, including validating their will.

Privilege

A special right or benefit granted by law, such as attorney-client privilege.

Parole

The release of a prisoner before the end of their sentence, subject to conditions.

Perjury

The act of lying under oath during legal proceedings.

Punitive Damages

Financial compensation awarded in cases of severe wrongdoing or malice, intended to punish the wrongdoer.

 

Q.

Quash

To reject or annul a legal proceeding or judgment.

Quantum Meruit

A legal principle that allows a party to recover the value of services provided when no contract exists.

Quid Pro Quo

A Latin term meaning “something for something,” referring to a mutual exchange of goods or services.

Quiet Title Action

A lawsuit filed to establish a party’s title to a property and remove any disputes or claims to ownership.

Qualified Immunity

A legal doctrine that protects government officials from liability for actions taken in their official capacity, unless they violated clearly established law.

Quick Claim

A deed used to transfer interest in property without making any guarantees about the property’s title.

Quorum

The minimum number of members required to conduct official business in a meeting or assembly.

Quasi-Contract

A legal obligation imposed by law, even though no formal agreement exists between the parties.

Quasi-Judicial

A decision-making process or body that exercises authority similar to that of a court.

Quality of Life Damages

Compensation awarded for the loss of enjoyment of life caused by injury or illness.

R.

Remedy

A legal means of enforcing a right or redressing a wrong.

 

Replevin

A legal action to recover personal property wrongfully taken or detained.

Recusal

The act of a judge or official stepping down from a case due to a conflict of interest.

 

Rebuttal

Evidence or argument presented to counteract or disprove the opposing party’s claims.

Res Judicata

A legal doctrine that prevents re-litigation of issues that have already been decided by a court.

Rape

Sexual intercourse or other sexual acts without consent, often involving force or coercion.

Respondent

The party being sued or answering an appeal in a case.

Restitution

The act of restoring something to its rightful owner or compensating for loss or injury.

Release

A legal agreement in which one party gives up its right to sue or claim further compensation.

Reformation

The process of modifying a contract to reflect the true intention of the parties.

S.

Subpoena

A legal order requiring a person to appear in court or produce documents.

Settlement

A resolution of a dispute without a trial, typically involving compensation or an agreement.

Statute of Limitations

The time period within which a legal claim must be filed.

Slander

A defamatory statement made orally that harms someone’s reputation.

Subrogation

The substitution of one party for another in a legal claim or lawsuit.

Speculative Damages

Damages that are uncertain or based on conjecture.

Summons

Laws enacted by legislative bodies, as opposed to common law or judicial decisions.

Self-Defense

The right to protect oneself from harm using reasonable force.

Search Warrant

A legal order authorizing law enforcement to search a person or property for evidence of a crime.

T.

Tort

A civil wrong that causes harm or loss to another person, leading to legal liability.

Trespass

Entering someone else’s property without permission.

Testator

A person who has made a will.

Trust

A legal arrangement where one party holds property for the benefit of another.

 

Temporary Restraining Order (TRO)

A short-term order that prevents a party from taking certain actions until a court hearing can be held.

Title

The legal right to own, use, and transfer property.

Tortfeasor

A person who commits a tort.

Trustee

A person or entity appointed to manage a trust.

Tangible Property

Physical assets that can be touched or possessed, such as real estate or goods.

Time-Barred

A legal claim that is no longer valid because the statute of limitations has expired.

U.

Usury

The practice of charging excessive or illegal interest rates on loans.

Underwriting

The process of evaluating and assuming the risk of insuring or lending money.

Undefended Action

A legal action in which the defendant does not respond or appear in court.

Unlawful Detainer

The unlawful occupation of property without the owner’s consent, often leading to eviction.

Use and Occupation

The right to use and live on property, typically in cases of leasing or renting.

Unilateral Contract

A contract where one party makes a promise in exchange for the performance of an act by another party.

Uniform Commercial Code (UCC)

A set of laws governing commercial transactions in the United States.

 

Underage

A person who has not reached the legal age of majority.

V.

Venue

The location where a case is tried, typically determined by the geographical area or subject matter of the case.

Verdict

A decision made by a jury or judge regarding the outcome of a case.

Voir Dire

The process of jury selection, where potential jurors are questioned to determine if they are fit for the case.

Vicarious Liability

Legal responsibility imposed on one party for the actions of another, such as an employer for the actions of an employee.

Vested Rights

Rights that are guaranteed and cannot be taken away without due process.

Valid Contract

A contract that meets all the legal requirements and is enforceable.

Voluntary Manslaughter

The unlawful killing of another person without premeditation or malice.

Vacation of Judgment

The legal act of annulling or setting aside a court judgment.

Void

A term referring to something that is legally ineffective or without legal force.

Violation

A breach of a law, rule, or regulation.

W.

Warrant

A legal document authorizing law enforcement to arrest a person or search property.

Will

A legal document expressing a person’s wishes regarding the distribution of their property after death.

Witness

A person who provides testimony about facts they have observed or knowledge they possess regarding a legal matter.

Whistleblower

A person who reports illegal or unethical behavior within an organization.

Warranty

A guarantee or promise regarding the condition of a product or service.

Writ

A formal written order issued by a court directing a person to take a specific action.

 

Wrongful Death

A death caused by the negligence or intentional actions of another, for which legal damages may be sought.

X.

Y.

Z.

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