Legal Glossary

Legal terms can make a simple conversation feel confusing. The definitions below explain common words you may hear from a lawyer, a court, or an insurance company in plain language. Meanings can vary slightly from state to state, so ask your attorney how a term applies to your situation.

A

Affidavit: A written statement of facts that a person swears is true, usually signed in front of a notary or other official.

Alimony: Money one former spouse pays the other after a divorce. Also called spousal support or maintenance.

Appeal: A request for a higher court to review a lower court’s decision for legal errors.

Arraignment: A court hearing in a criminal case where the defendant is told the charges and enters a plea.

Attorney-client privilege: A rule that protects confidential communications between a client and lawyer made for the purpose of legal advice.

B

Bail: Money or property given to the court to guarantee that a person charged with a crime will return for future court dates.

Beneficiary: A person or organization named to receive property from a will, trust, insurance policy, or account.

Burden of proof: The obligation to prove a claim. In criminal cases, the prosecution must prove guilt beyond a reasonable doubt. In most civil cases, the standard is a preponderance of the evidence.

C

Civil case: A legal dispute between people or organizations, usually over money, property, or rights, as opposed to a criminal prosecution.

Comparative fault: A rule used in many states that reduces an injured person’s compensation by their share of responsibility for the accident.

Complaint: The document that starts a civil lawsuit and explains the plaintiff’s claims.

Contingency fee: A fee arrangement where the lawyer is paid a percentage of the money recovered, and generally nothing if there is no recovery.

Custody: The legal right and responsibility to make decisions for a child (legal custody) and to have the child live with a parent (physical custody).

D

Damages: Money awarded to compensate someone for a loss or injury.

Defendant: The person or business being sued in a civil case, or the person charged in a criminal case.

Deposition: Sworn testimony given outside of court, usually in a lawyer’s office, and recorded by a court reporter.

Discovery: The stage of a lawsuit where both sides exchange information and evidence.

Diversion: A program that allows some criminal defendants to complete conditions, such as classes or community service, in exchange for dismissal of charges.

E

Equitable distribution: A method of dividing marital property in divorce that aims for a fair result, which is not always an equal split.

Estate: Everything a person owns at death, including property, money, and debts.

Executor: The person named in a will to manage the estate through probate. Also called a personal representative.

Expungement: A court process that seals or erases certain criminal records.

F to H

Felony: A serious crime that can result in a prison sentence of more than one year.

Guardian: A person appointed to care for a minor child or an adult who cannot manage their own affairs.

Hearing: A court proceeding before a judge on a specific issue, often shorter and narrower than a trial.

I to L

Intestate: Dying without a valid will. State law then decides who inherits.

Judgment: A court’s final decision in a case.

Liability: Legal responsibility for an injury, loss, or obligation.

Lien: A legal claim against property or a settlement to secure payment of a debt, such as a medical lien on an injury settlement.

Litigation: The process of resolving a dispute through the court system.

Living trust: A trust created during a person’s lifetime to hold assets and pass them to beneficiaries, often without probate.

M to N

Mediation: A process where a neutral third party helps the sides reach an agreement without a trial.

Misdemeanor: A less serious crime, usually punishable by up to one year in jail, fines, or probation.

Motion: A formal request asking the court to make a ruling or take an action.

Negligence: Failing to use reasonable care, resulting in harm to someone else. It is the basis of most personal injury claims.

No-fault divorce: A divorce where neither spouse has to prove the other did something wrong.

P

Plaintiff: The person or business who files a civil lawsuit.

Plea: A defendant’s formal answer to a criminal charge, such as guilty, not guilty, or no contest.

Plea agreement: A negotiated resolution in a criminal case, often involving a plea to a reduced charge or a recommended sentence.

Power of attorney: A document that authorizes someone to act on another person’s behalf for financial or legal matters.

Probable cause: A reasonable basis to believe a crime was committed, required for arrests and search warrants.

Probate: The court-supervised process of settling a person’s estate after death.

Pro bono: Legal work provided for free, usually for people who cannot afford a lawyer.

R to S

Retainer: Money paid to a lawyer in advance, which is applied to fees as work is performed.

Settlement: An agreement that resolves a dispute without a trial.

Statute of limitations: The deadline for filing a lawsuit or bringing criminal charges. It varies by state and type of case.

Subpoena: A court order requiring a person to testify or produce documents.

Summons: A notice that a lawsuit has been filed against a person and that they must respond.

T to W

Testimony: Statements made under oath by a witness.

Tort: A civil wrong, such as negligence, that causes harm and can lead to a claim for damages.

Trust: An arrangement where a trustee holds and manages property for the benefit of others.

Venue: The court location where a case is heard.

Verdict: The decision of a jury or judge at the end of a trial.

Will: A legal document that states how a person wants their property distributed and who should manage their estate after death.

Wrongful death: A civil claim brought by family members or the estate when a person dies because of someone else’s wrongful act or negligence.