Words, words, words
My husband says lawyers are the only people who can write a 500-page document and call it a “brief.” Technically he’s right because in legal terms, a brief is any written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments – regardless of its length.
If you are ever involved in a legal case, it’s quite possible you will hear lawyers using words that are unfamiliar to you. Even worse, they may use common words like “brief” in uncommon ways.
To help you avoid misunderstandings, I have prepared a list of legal terms often used in court cases. It’s only a partial list, and I will have more later. And remember – if your lawyer ever says something you don’t understand, you should immediately ask him or her to define the exact meaning of words and terms.
Acknowledgment: The signature of a clerk or attorney certifying that the person signing the document has signed by his or her free act and for the purposes set forth therein.
Action: Also called a case or lawsuit. A civil judicial proceeding where one party sues another for a wrong done, or to protect a right or to prevent a wrong.
Adjudication: A decision or sentence imposed by a judge.
Affirmation: A declaration that something is true under the penalty of perjury. Affirmations are generally made by people who will not “swear to tell the truth” for religious or other reasons.
Affidavit: A written statement which is made under oath; the affiant (person who signs the statement) swears that the statement is true.
Allegation: A person makes assertions or allegations that the facts set out in a complaint or other legal document are true.
Answer: A court document, or pleading, in which the defendant makes his response to the complaint filed by the plaintiff..
Appearance: This is a form prepared and filed with the court clerk by an attorney stating that she represents a party to a lawsuit.
Attorney of Record: Attorney whose name appears in the permanent records or files of a case.
Bench Warrant: A court order signed by a judge, and issued "from the bench," for the arrest of a person.
Calendar: A list of court cases scheduled for a specific date and time; the civil and family court docket.
Case: A lawsuit or action in a court.
Complaint: The first document in a case; it which sets out the facts and what you want in a case. It, along with a summons, is served on the Defendant.
Contempt of Court: A determination by a judge that a person has violated a court order. finding that someone disobeyed a court order. It can also be used when a person is disrespectful or causes a disturbance in court.
Continuance: The postponement of a court case.
Contract: An agreement between two or more people or parties which is legally enforceable.
Costs: Fees and expenses which are charged against a party to a case in court.
Court Clerk: The person who maintains the official court record of your case. The court clerks’ office receives all court papers and assigns hearing dates.
Court Reporter: A person whose job is to take down everything that is said during a court hearing.
Docket Call: An in court procedure by the judge in which he calls of all the pending cases set for a particular day or week and asks if the lawyers and/or parties are ready for trial.