Protection granted to an individual from prosecution or legal liability in exchange for cooperation, such as testifying against others. Transactional immunity protects against prosecution entirely; use immunity only prevents the testimony itself from being used against the witness.
Example: The witness was granted immunity from prosecution in exchange for testifying against the organization's leadership.
A formal written accusation issued by a grand jury charging a person with a crime. An indictment is not a finding of guilt; it simply means the grand jury found probable cause that the accused committed the offense and the case should go to trial.
Example: The grand jury returned a four-count indictment charging the executive with fraud and money laundering.
A court order requiring a party to do something or stop doing something. A temporary restraining order (TRO) is an emergency short-term injunction; a preliminary injunction lasts during the lawsuit; a permanent injunction is the final remedy. Violating an injunction constitutes contempt of court.
Example: The court issued an injunction prohibiting the company from releasing the product until the patent dispute was resolved.
The legal authority of a court to hear and decide a particular type of case or a case involving particular parties or territory. Subject matter jurisdiction relates to the type of case; personal jurisdiction relates to authority over the parties. A court without proper jurisdiction cannot issue a valid judgment.
Example: Because the contract was signed in another state, the plaintiff had to establish that the local court had proper jurisdiction.
A group of citizens selected to hear evidence in a legal proceeding and render a verdict. A petit (trial) jury typically consists of 12 people in criminal cases and 6 in civil cases. Jurors are expected to decide facts impartially based solely on the evidence presented.
Example: After three days of deliberation, the jury returned a unanimous verdict of guilty on all counts.
A legal claim or right against a property, typically used as security for a debt. A lienholder can potentially force the sale of the property to recover the debt if it goes unpaid. Common types include mortgage liens, tax liens, and mechanic's liens.
Example: The contractor filed a mechanic's lien against the property after the homeowner refused to pay for completed renovations.
The process of resolving a legal dispute through the court system. Litigation encompasses everything from filing the initial complaint through trial, verdict, and potential appeals. It differs from alternative dispute resolution methods such as mediation or arbitration.
Example: After settlement negotiations failed, the company was forced into costly litigation that lasted two years.
Latin for "guilty mind." The mental state or intent required to commit a crime. Most crimes require both a guilty act (actus reus) and a guilty mind (mens rea). Levels of criminal intent range from purposeful to knowing to reckless to negligent.
Example: The defendant argued he lacked mens rea because he genuinely believed the property was his, negating criminal intent.
Professional misconduct or negligence by a licensed professional (such as a doctor, lawyer, or accountant) that causes harm to a client or patient. To establish malpractice, the plaintiff must show the professional's conduct fell below the accepted standard of care in their field.
Example: The patient filed a medical malpractice claim alleging the surgeon operated on the wrong knee.
A voluntary, confidential dispute resolution process in which a neutral third party (the mediator) helps disputing parties communicate and reach a mutually acceptable agreement. Unlike arbitration, a mediator does not decide the outcome; the parties themselves must agree on a resolution.
Example: The divorcing couple agreed to try mediation before resorting to contested court proceedings.
Failure to exercise the degree of care that a reasonable, prudent person would use under similar circumstances, resulting in harm to another. The four elements of negligence are: (1) duty of care, (2) breach of that duty, (3) causation, and (4) damages.
Example: The grocery store was found liable for negligence when a customer slipped on a wet floor that had been left unmarked for over an hour.
A state-commissioned official authorized to witness signatures on documents, administer oaths, and certify that documents are authentic. Notarization adds a layer of legal authenticity and helps prevent fraud in significant legal documents such as deeds, wills, and affidavits.
Example: The real estate closing required all documents to be signed in front of a notary public to be legally valid.
A formal protest made by an attorney during a legal proceeding, challenging the admissibility of evidence or opposing counsel's conduct. The judge either sustains the objection (agreeing it is valid) or overrules it (allowing the evidence or question). Failing to object can waive a party's right to appeal on that issue.
Example: The defense attorney raised an objection to the question, arguing it was leading and suggestive. The judge sustained the objection.
The crime of willfully making a false statement under oath during a legal proceeding. Perjury is a felony in most jurisdictions and can result in significant prison time. It applies to testimony in court, depositions, and sworn affidavits.
Example: The witness was charged with perjury after evidence revealed her testimony directly contradicted verified security footage.
The party who initiates a civil lawsuit by filing a complaint against another party. The plaintiff claims to have suffered harm or injury caused by the defendant and seeks legal relief such as money damages or a court order.
Example: As the plaintiff, she had to prove that the defendant's negligence directly caused her injuries.
A defendant's formal response to criminal charges. Options are guilty (admitting the crime), not guilty (denying the charges), or nolo contendere/no contest (accepting punishment without admitting guilt). Plea bargains involve negotiating a guilty plea in exchange for reduced charges or sentencing.
Example: On advice of counsel, the defendant entered a guilty plea to the lesser charge in exchange for a suspended sentence.
A legal document in which one person (the principal) grants another person (the agent or attorney-in-fact) authority to act on their behalf in legal, financial, or medical matters. A durable power of attorney remains effective even if the principal becomes incapacitated.
Example: Before undergoing surgery, she signed a durable power of attorney naming her sister as her agent for medical decisions.
A court decision that serves as a guide for resolving future cases with similar facts or legal questions. Under the doctrine of stare decisis, courts are generally bound to follow the precedents set by higher courts in their jurisdiction. Landmark cases set major precedents that shape the law for generations.
Example: The attorney argued that the Supreme Court's prior ruling set a clear precedent that should control the outcome of her client's case.
Latin for "at first appearance." Evidence sufficient to establish a fact or raise a presumption of truth unless contradicted by other evidence. A prima facie case is one that appears sufficient on its face to support a claim and proceed to trial.
Example: The photograph and receipt constituted prima facie evidence of the purchase, shifting the burden to the defendant to prove otherwise.