A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Click here for more details on each state`s language access program, including contact persons and test plans. First, and most obviously, you`ll learn new words you`ve probably never encountered before. These words and expressions only have meaning as legal terms. Words or phrases such as res judicata, impleader, enforceable, demurrer and mens rea force students to acquire new vocabulary. Learning the meaning of these words is essential to understanding any case or discussion in which they are used. The right as set out in previous court decisions. Synonymous with precedent.
Similar to the common law, which stems from tradition and judicial decisions. Once you have learned the legal meaning of words, you are expected to use them accurately. Replacing one with the other can lead to serious mistakes and misunderstandings. The legal meaning of words is the common language of lawyers and judges who rely on this language to communicate efficiently and effectively. Finally, students need to develop a greater respect for linguistic accuracy. Because the meaning of words is so crucial to the art of advocacy, students are expected to use words carefully and accurately. For example, you will learn that there are legally significant differences between “Sally lives in the United States”, “Sally resides in the United States”, “Sally resides in the United States” and “Sally is a citizen of the United States”. Even grammar and punctuation can be crucial: a person who leaves $50,000 “to each of my children who took care of me” has a different intention than a person who leaves $50,000 “to each of my children who took care of me.” The lawyer writing the will needs to know how to handle that comma or, better yet, how to avoid confusion in the first place. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Technical terminology refers to words specific to the legal profession. Certain technical terms have originated in the legal system to convey specific meanings to the law. Examples of such terms include: affidavit (a written or printed statement made under oath), tort (civil, non-criminal, false), written tort (a written court order directing a person to do or refrain from doing a particular act), and litigation (a case, controversy or lawsuit).
Other technical terms are common terms that have been adopted by the legal profession and given a new meaning. Words in this category include: application (application by a litigant to a judge to rule on a matter related to the case), damages (money a defendant pays to a plaintiff in a civil proceeding if the plaintiff has won), and assumption (agreement to continue performing obligations under a contract or lease). Foreign terminology refers to legal terms derived from languages other than English. Latin and French are the two most common foreign languages from which words are adopted for the law. Examples of foreign terms are: en banc (French, meaning “at the bank”). All judges of an appeals court sit together to hear a case, as opposed to the usual order of chambers of three judges), habeas corpus (Latin, meaning “you have the body”). A court order that requires law enforcement to bring in a detainee they are holding and justify the continued detention of the prisoner) and behind closed doors (in the Judicial Chamber, away from the jury and the public). Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code.
Second, and somewhat more difficult, some recognizable words take on different or new meanings when used in the law. Malicence, for example, when used in the law of slander, does not mean hatred or malice; It means “with reckless disregard for the truth.” Similarly, “consideration” in contract law has nothing to do with reflection; It means something of value given by a party to an agreement. If a party is “biased” in the law, it usually means that the party has been disadvantaged, not that the party is sectarian. “Furnishing” in real estate law is much more than bathroom and kitchen equipment. There are many words like this in the law, and students must shed their ordinary understanding of a word to absorb its legal meaning. Words that have different meanings or specialized in law are sometimes called “artistic terms.” Understanding the jargon of the legal profession is the first step in analyzing a legal document as a primary source. See the “Glossary of Legal Terms” page on the U.S. courts website for a list of common legal terms and their definitions at www.uscourts.gov/Common/Glossary.aspx#glossaryF. For a complete overview of legal writing, see Rupert Haigh, Legal English, 3rd edition (New York: Routledge, 2012). In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial.
In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The resources include monolingual and bilingual reference materials for legal terminology developed by courts, stakeholders and academic institutions. The resources listed include materials that are not products of the National Center for State Court. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Legal writing is often difficult to read because of its technical language. Technical terms used to convey legal doctrine in laws, court decisions and commercial contracts are often referred to as “artistic terms”. Although these terms differ in origin and purpose, they generally fall into three categories: technical terminology, foreign terminology, and archaic terminology. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied.
A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. Fourth, there are words that refer to major legal texts or legal doctrines and serve as abbreviations for complex concepts. The terms “unfair competition”, “due process”, “foreseeable” and “cruel and unusual punishment” are just a few examples. In many cases, these terms have been interpreted by judges over long periods of time, and there is little hope of finding a clear and concise definition that can be used in all contexts. Similarly, English idioms rarely make sense in the target language when interpreting, attached is a list of some common English phrases. It is important that the interpreter first understands what the English idiom means in order to accurately translate it into the target language.
With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction).