Key Terms

Hilary Low
Feb 5
3 min read

by Hilary Low

Law is a complex subject which can be immensely confusing. There are hundreds of key terms and jargon, used by people who are familiar with it, that sound like nonsense to us. You may have heard of these words in various places or media, such as in the TV show, ‘Suits’, where they touch upon many of these words but never really explain it properly). To help with this problem, here is a list of starting key terms that are commonly used, broken down and explained in a simple manner.

Admissible: Evidence that can be considered in a case by the jury or a judge.

Affidavit: A statement which is under oath (can be written or printed).

Appeal: To challenge the court’s decision by seeking a higher court to review to determine whether it is correct.

Bail: When a criminal defendant or witness is in legal custody and they can be released when given security (normally in the form of money) which ensures their appearance on the time set by the court.

Capital offense: When a crime is punishable by death.

A way to remember is CAPital = deCAPitation, so to lose the head means death.]

Community service: The court can make the individual work off their offense.

Contract: A legally binding obligation through an agreement between parties.

Counsel: Legal advice (eg. the right to counsel).

Defendant: (In a criminal case) the person that is accused of the crime.

Disposable income: A part of your income which is not necessary.

Due process: (For criminal law) a guarantee of a fair (impartial) trial for the defendant.

Equity: the remaining value of a person in debt’s interest in a property

Evidence: Any sort of object or information that can be presented in testimony, which can be used to decide the favour of the case.

Felony: A very serious crime where the penalty can be more than one year in prison.

Hearsay: When they acquire statements from a witness who didnt actually see or hear the incident but had heard about it from somebody else (may not be admissible in court).

Impeachment: Calling the testimony of the witness into doubt.

Indictment: A formal charge issued that there is enough evidence of a crime so that it is justifiable for the defendant to stand trial.

Jury: Local citizens who are selected to hear the evidence given in a trial and come to a conclusion/verdict on the matter.

Lawsuit: A legal action filed in court where plaintiffs claim a defendant's unlawful actions have caused them harm.

Misdemeanor: When an offense can be punished by a year of imprisonment or less.

Mistrial: A trial being invalid because of an error (it must start again if this is the case).\

Motion: A request to the judge for a decision (relating to the case).

Parole: A prison inmate being released after completing part of their sentence in a federal prison (placed under probation/under supervision)

Party: The individual involved in the legal action (eg. the plaintiff or defendant)

Plaintiff: The one who brings the lawsuit in court.

Plea: A statement (formal) made by the defendant in response to the charges (eg. guilty or not guilty).

Probation: An alternative to prison, the coourt can release the convicted defendant ‘on probation’ where they will be under the supervision of a probation officer.

Prosecute: Charging someone with the crime.

Record: Official documented accounts of the case (pleadings, evidence, etc. submitted)

Sentence: The punishment that the court orders for a defendant.

Settlement: When the parties agree to resolve a dispute without going to trial.

Subpoena: A command through a legal document that makes it so a person is required to appear/attend court and give testimony.

Testimony: The evidence presented by the witnesses.

Transcript: A written record of everything said in a trial/formal conversation.

Verdict: The decision of a jury or judge.

Warrant: Court authorisation to conduct a search or make an arrest.

Witness: Someone who gives testimony or evidence for court.

Obviously this overview doesnt cover every single term, so you could either:

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