Glossary

Underlined words throughout this site link here. Use the search box to jump to a term.

45 of 45 terms

Acceptance

Agreeing to the exact terms of an offer, which turns the offer into a contract.

Appeal

Asking a higher court to review a lower court's decision for legal mistakes. An appeal is not a new trial.

Appellate court

A court that reviews the record of a completed case to decide whether the law was applied correctly.

Arbitration

A private process where a neutral arbitrator hears both sides and issues a decision that is usually binding.

Assault

Intentionally making someone reasonably fear immediate harmful or offensive contact. No touching is required.

Battery

Intentional harmful or offensive contact with another person without consent.

Beyond a reasonable doubt

The very high standard of proof the government must meet to convict someone of a crime.

Breach

Failing to do what a duty or a contract required.

Burden of proof

The job of proving a disputed fact. It is higher in criminal cases than in civil cases.

Capacity

The legal ability to enter a contract. Minors and people who cannot understand the deal may lack capacity.

Causation

The link between someone's conduct and the harm that resulted.

Civil liberties

Freedoms that protect people from improper government action, such as free speech and freedom from unreasonable searches.

Civil rights

Rights to equal treatment and to be free from unlawful discrimination.

Consideration

The thing of value each side gives up in a contract. A promise with nothing given in return is usually unenforceable.

Contract

A legally enforceable agreement, normally built from offer, acceptance, and consideration.

Damages

Money a court orders one party to pay another to make up for a loss.

Defamation

A false statement of fact presented as true that damages someone's reputation. Written is libel; spoken is slander.

Defendant

The person or organization being sued in a civil case, or charged in a criminal case.

Discovery

The pretrial stage where both sides exchange evidence, documents, and sworn testimony.

Due process

The constitutional requirement that government use fair procedures, and not take life, liberty, or property unfairly.

Equal protection

The rule that government must treat similarly situated people alike, from the Fourteenth Amendment.

Express contract

A contract whose terms are actually stated, in writing or out loud.

Federalism

The division of power between the national government and the state governments.

Felony

A serious crime, generally punishable by more than one year of imprisonment.

Foreseeability

Whether a reasonable person could have predicted that a type of harm might result from their conduct.

Implied contract

A contract created by the parties' conduct rather than by stated words.

Intervening cause

A later event that contributes to the harm. If it is unforeseeable enough to cut off liability, it is called a superseding cause.

Judicial review

The power of courts to decide whether a law or government action violates the Constitution.

Jurisdiction

A court's power to hear a particular type of case and to decide about the particular parties.

Liability

Legal responsibility for harm or for a broken promise.

Mediation

A voluntary process where a neutral third person helps the parties reach their own settlement.

Misdemeanor

A less serious crime, generally punishable by up to one year in jail, a fine, or both.

Misrepresentation

A false statement of fact that causes someone to enter a contract.

Negligence

Careless conduct that causes harm. It requires duty, breach, causation, and actual damages.

Plaintiff

The person or organization that starts a civil lawsuit.

Pleadings

The first formal documents in a lawsuit, mainly the complaint and the answer.

Precedent

An earlier court decision that guides how later similar cases should be decided.

Proximate cause

A limit on liability: the harm must be closely enough connected to the conduct, usually meaning foreseeable.

Settlement

An agreement that ends a dispute without a trial verdict.

Standing

The right to bring a lawsuit, based on a real injury caused by the defendant that a court can remedy.

Statute of limitations

The deadline for filing a case. Miss it and the claim is normally barred.

Summary judgment

A ruling that decides a case or issue without trial because the key facts are not genuinely disputed.

Trial court

The court where evidence is presented, witnesses testify, and a judge or jury decides the facts.

Uniform Commercial Code

A model set of commercial laws adopted in some form by every state; Article 2 governs the sale of goods.

Warranty

A promise about the quality or performance of goods that a buyer can enforce.