The law lexicon involves a lot of unfamiliar words, many with Latin roots that are foreign to most English speakers. However, it can be useful to learn some of the terms frequented by judges and lawyers. Brush up on your legal lingo so you can keep up with the nightly news, dinner table conversations, or the latest rerun of Judge Judy.
Acquittal
This is a judgment that a person is not guilty of the crime they were charged with, as in, “The defendant was pleased with their acquittal.” This word has been around since the mid-15th century with the same meaning: “freeing from charge or offense.”
Affidavit
An affidavit is a statement written under oath that can be used as evidence in court. For example: “She signed a written affidavit confirming her manager’s involvement.” “Affidavit” ultimately comes from the Latin word affidare, meaning “he has stated on oath.”
Arraignment
This is the action of arraigning someone in court — that is, calling them before a court to answer for a criminal charge. “The arraignment of the accused bank robber will be televised.” The term “arraign” is from Middle English, based on the Latin phrase ad-ratio, meaning “to reason.”
De Facto and De Jure
De facto literally means “of (in) fact” in Latin. In legal terms, “de facto” refers to a state of affairs that is true in fact but is not officially sanctioned (or in accordance with the law). This is in direct contrast with “de jure,” which is a state of affairs that is officially sanctioned (or in accordance with the law). For example, “There is no de jure government anymore; the military general is now the de facto ruler of the country.”
Force Majeure
This is an unforeseeable circumstance that prevents someone from fulfilling a contract. It comes from French, meaning “superior strength.” For example: “The defendant requested an extension for the repayment of their financial obligations, citing a force majeure event.”
Habeas Corpus
In Latin, this phrase means “you shall have the body (in court).” The more technical definition is a writ (a written command) requiring a person under arrest to be brought before a judge or into court, with the intended goal of securing their release unless there are grounds for their detention. This means that any detained person must have the opportunity to see a judge (or court) so that their detention can be assessed. Essentially, a “writ of habeas corpus” is a protection against illegal imprisonment.
Litigation
Litigation is the process of taking legal action, as in settling a dispute in a court of law: “The company wanted to avoid any litigation in relation to the negative environmental impacts.” It comes from the Latin word litigare, meaning “to dispute, quarrel, or to sue, go to court.”
Malfeasance
“Malfeasance” refers to wrongdoing, especially by a public official, as in: “After the election, the governor was dismissed for malfeasance during the campaign.” The word comes from the French term malfaisance (“mal” meaning “evil” and “faisance” meaning “activity”).
Plea
The formal statement by a defendant stating either their guilt or innocence (in response to their charge) is called a “plea,” as in, “The defendant pleads not guilty.” “Plea deals” or “plea bargains” are also used to lessen a sentence — for example, “The defendant made a plea bargain to reduce his time in prison.” This word was first used in Middle English, taken from the Old French word plait, meaning “agreement, discussion.”
Tort
“Tort” comes from the medieval Latin tortum, meaning “‘wrong or injustice.” It is a wrongful act that leads to civil legal liability by causing injury or harm to another, and includes things such as trespassing, assault, and negligence. It is similar to a crime, but the two have different legal definitions. A “tort” is something that happens when a person’s negligence directly causes damage (property or personal) to another individual, while a “crime” is any wrongdoing (illegal activity) that is punishable by law. It’s important to note that some acts can be both a tort and a crime, such as assault.
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