Common Legal Terminologies

Common Legal Terminologies which everyone should know Act of God An Act of God is a legal term that appears most often in contract law. It describes an event outside of human control or activity (e.g., flood, earthquake, tornado). This is a term that you’ll commonly see in insurance law. Acquittal The court’s ruling that a defendant is not guilty of the crime they are charged with. Arbitration It is settling a dispute by using a referee. If a dispute goes to arbitration it is settled by an independent referee. It avoids having to use the courts to settle the dispute Affidavit A written document that contains evidence that the person making the affidavit swears or affirms is true. Affidavits should only contain facts, not opinion, not argument and not personal comments or attacks. Other documents like emails, letters, photos and even copies of text messages can be attached to an affidavit as exhibits to support the factual statements made in the affidavit. Bona fide Genuine, sincere or in good faith. Breach of contract Failing to carry out a duty under a contract. Burden of Proof The burden of proof refers to the determination of who has to prove a matter at court. Generally speaking, the burden of proof tends to be on the party that brings the case to court. Chambers The offices used by barristers and the judge's private office. Claimant The person making a claim. Conveyance The name of the document which transfers the ownership of land. Civil Law This is a generic term for non-criminal law as it applies to settling disputes between private citizens or organizations. Civil lawsuits might be about negligence, a breach of a contract, or a land dispute between neighbors. Contract A contract is a binding agreement between two or more parties that creates rights and duties for each party that are enforceable by law. They often outline processes for decision making and dispute resolution. Contracts can be written or oral, implied or expressed. In some cases, oral contracts have little standing in court. Common contracts include: Sales, manufacturing, housing, asset purchase, sales, employment, consulting, franchise, service, or licensing agreements Confidentiality and non-compete agreements Business partnerships, operating agreements, or stock agreements Decree An order by a court. Defamation Making a statement, either orally or in writing, which damages someone's reputation Due Process Procedures which must be followed during a trial to ensure all participants’ Constitutional Rights are honored and protected. Default Failing to do something which had been agreed to. Damages Damages is a term lawyers use when discussing the monetary settlement a client wishes to recover. This term may be broken into sub-categories, including economic damages from lost wages, out of pocket costs, and lost profit, or non-economic damages. This refers to emotional distress, pain and suffering, permanent disabilities, scars, physical injuries, and so on. Defendant The defendant is the opposite of the plaintiff. The defendant is defending the complaint filed against them by the plaintiff. Force Majeure Whereas Act of God includes all causes of an inevitable accident to be occasioned by elementary forces of nature not connected with any agency of man or any other cause directly or indirectly on the other hand, the definition of Force Majeure is much wider term which not only includes the natural forces but also include other causes which may not be related to nature and can be connected to human agency directly and indirectly, but on whom the humans involved in the accident don’t have any control or the incident whose happening was inevitable and which can can’t be controlled. Examples include Wars, Machinery Breakdown, Strikes, and etc. Guarantee A promise by a person (the guarantor) to repay a debt owed by a second person if the second person fails to repay it. For example, a guarantee is sometimes required by a bank before it will lend money to a customer. Guardian A person appointed formally to look after the interests of a child, or of someone who is not capable of looking after their own affairs. Hereinafter A term used in contracts or acts that means, “further on in the document.” Tort A tort is an illegal act in which an injury occurs to another, whether intentional or accidental. Tort laws protect individuals from civil wrongs caused by individuals or by businesses. Intellectual Property (IP) IP refers to tangible or intangible personal property that is created through the intellectual efforts of its creators. Trade Secret Trade secret law protects any company information not “commonly known” which the company has taken “reasonable steps” to keep in confidence. They are protected under the law from “misappropriation,” or wrongful taking. Trademarks A mark which is registered at trademark registries and which is used on products produced by the owner. It is illegal for anyone else to display the mark. Patent An official right for a specified period of time to be the only person (or organisation) to make or sell something. Innocent until proven Guilty The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime. Non-Disclosure Agreement (NDA) An NDA is a contract in which a party or parties promise to protect the confidentiality of information obtained during the course of employment or business transaction. These agreements can be one-way or mutually binding, and generally include: A definition of what constitutes confidential information (including what is out of scope) How confidential information should be handled Who owns the information The time period for which the NDA will remain enforceable Non-Compete Agreement These agreements dictate that an employee will not work for a competing employer, or establish a competing business during, or for a certain length of time after, their employment with the employer. Lessee The person a property has been leased to. Lessor The person who lets a property by lease Litigation Taking legal action through the courts. Plaintiff The plaintiff is the person, group, or business who files a complaint with the courts. Prima facie Latin for “at first look,” or “on its face,” prima facie refers to what can be presumed after the first disclosure. Redundancy Being dismissed from a job because it no longer exists. Settlement A settlement is what occurs when either the plaintiff or defendant decides to come to terms in regards to their dispute outside of court. Settlements are usually in the form of a monetary payment to the affected party that satisfies them but does not require the party offering the settlement to admit fault. Stamp duty A tax on the transfer documents for certain types of transaction. Examples are buying shares, patent rights and properties Transcript The official record of a court case. Undertaking A promise which can be enforced by law such as a promise made by one of the parties or by their counsel during legal proceedings. Verdict The jury's decision at the end of a case.