Law Library - Legal Terms

Action - Proceeding taken in a court of law. Synonymous with case, suit lawsuit.

Adjudication - A judgment or decree

Affidavit - A written or printed declaration or statement under oath

Allegation - An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove.

Appeal - Review of a case by a higher court.

Arbitration - the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept. 

Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.

Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts. 

Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.

Claim - The assertion of a right to money or property

Clerk of the court - An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.

Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law." 

Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.

Continuance - Adjournment of the proceedings in a case from one day to another.

Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law. 

Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court. 

Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit.

Dismissal without prejudice - The losing party is permitted to sue again with the same cause of action. 

Guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.

Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. 

Judgment - Final determination by a court of the rights and claims of the parties in an action. 

Lawyer - A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister 

Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent. 

Plaintiff - The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Power of attorney - Document authorizing another to act as one's agent or attorney in fact (not an attorney at law). 

Probate - The legal process of establishing the validity of a will and settling an estate. 

Restitution - Act of giving the equivalent for any loss, damage of injury

Statute - A law created by the Legislature.

Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights

Writ - A special, written court order directing a person to perform, or refrain from performing, a specific act