Common Legal Terms Explained
Understanding common legal terms is crucial for navigating legal documents, court proceedings, and everyday legal situations. This guide provides clear explanations of frequently encountered legal terms, empowering you to better comprehend your rights and obligations.
Key Legal Terms and Concepts
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Affidavit: A sworn written statement made under oath, used as evidence in court. Affidavits must be notarized to be valid. They often detail firsthand accounts of events relevant to a case.
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Breach of Contract: Occurs when a party fails to fulfill a contractual obligation without a legal excuse. This can lead to legal action, with remedies ranging from monetary damages to specific performance of the contract terms.
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Cause of Action: The legal basis for a lawsuit. It’s the set of facts that give rise to a valid legal claim. A cause of action must be clearly established for a lawsuit to proceed.
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Damages: Monetary compensation awarded to a party who has suffered loss or injury due to another’s wrongdoing. Damages can be compensatory (covering actual losses) or punitive (intended to punish the wrongdoer).
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Due Process: The legal requirement that the government must respect all legal rights owed to a person. It ensures fair treatment under the law, including notice and an opportunity to be heard.
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Evidence: Information presented in court to prove or disprove a fact. Evidence can take many forms, including testimony, documents, and physical objects.
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Jurisdiction: The authority of a court to hear and decide a case. Jurisdiction can be based on geography, subject matter, or the amount in controversy.
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Liability: Legal responsibility for one’s actions or omissions. Liability can result in financial obligations or other legal consequences.
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Negligence: Failure to exercise reasonable care, resulting in harm to another person. Negligence claims require proving duty, breach, causation, and damages.
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Plaintiff: The party who initiates a lawsuit. The plaintiff seeks a legal remedy for an alleged wrong.
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Statute of Limitations: A time limit within which a lawsuit must be filed. The statute of limitations varies depending on the type of legal claim.
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Summary Judgment: A court ruling made before trial when there is no genuine dispute of material facts. Summary judgment can resolve a case without a full trial.
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Testimony: Oral evidence given by a witness under oath in court. Testimony is a key element in many legal proceedings.
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Verdict: The decision of a jury or judge in a trial. The verdict determines the outcome of the case.
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Warrant: A court order authorizing law enforcement to take a specific action, such as arresting someone or searching a property.