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Legal Terms Glossary
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Equity
A branch of law that is developed alongside common law in order to remedy some of its defects in fairness and justice, which occurred when the strict procedural requirements of common law would prevent a just outcome.
Due Process
The legal requirement that the state must respect all the legal rights that are owed to a person and balances the power of law of the land and protects the individual person from it.
Litigation
The process of taking legal action; the process of suing someone, or trying someone for a crime.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Natural Law
The legal theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.
Damages
Monetary compensation that is ordered by courts to be paid to a person who has suffered loss or injury.
Appellate
Having the power to review the judgment of another tribunal or court.
Legislation
Laws, considered collectively, that have been promulgated by a government body.
Jurisprudence
The study of the theory and philosophy of law.
Common Law
A legal system characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.
Stare Decisis
The legal principle of determining points in litigation according to precedent.
Injunction
An authoritative warning or order that forbids a party from performing a certain action.
Mediation
A form of alternative dispute resolution in which a neutral third party assists the disputing parties to reach a mutually satisfactory and agreed upon decision.
Statute of Limitations
A law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.
Burden of Proof
The obligation to prove one's assertion in a court of law; in criminal cases, the burden is on the prosecutor, whereas in civil cases, the burden is typically on the plaintiff.
Legal Capacity
The ability of any legal entity to amend (enter into, transfer, etc.) legal rights and obligations.
Subpoena
A writ ordering a person to attend a court.
Sovereignty
The full right and power of a governing body to govern itself without any interference from outside sources or bodies.
Habeas Corpus
A legal action or writ by means of which detainees can seek relief from unlawful imprisonment.
Civil Law
A legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges.
Jurisdiction
The official power to make legal decisions and judgments, often in a specific area or on a specific issue.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
Defendant
An individual, company, or institution sued or accused in a court of law.
Legal Positivism
A philosophy of law that emphasizes the conventional nature of law—that it is socially constructed; according to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator.
Legal Realism
A theory of law that advocates a less abstract and more realistic and pragmatic approach to the law, an approach that predicts outcomes based on the actions of public officials.
Plaintiff
A person who brings a case against another in a court of law.
Tort
A wrongful act or infringement of a right (other than under contract) leading to civil legal liability.
Precedent
A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Indictment
A formal charge or accusation of a serious crime.
Legal Duty
An obligation established by law, contract, or as a result of a wrongful act, to act or refrain from acting in a certain way.
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