Legal Profession Vocabulary

A legal decision that serves as an authoritative rule in future cases

“The Supreme Court set a precedent that lower courts must follow.”

Origin: From Latin `praecedere` (to go before), from `prae-` (before) + `cedere` (to go)

The official power to make legal decisions

“This case falls outside the court's jurisdiction.”

Origin: From Latin `iuris dictio` (administration of the law), from `ius` (law) + `dicere` (to say)

The process of taking legal action

“The company sought to avoid costly litigation through settlement.”

Origin: From Latin `litigare` (to dispute, quarrel), from `lis, litis` (lawsuit) + `agere` (to drive, do)

Testimony taken under oath outside of court

“The witness gave a detailed deposition lasting several hours.”

Origin: From Latin `deponere` (to put down), from `de-` (down) + `ponere` (to place)

A written statement confirmed by oath for use as evidence

“She signed an affidavit attesting to the accuracy of the documents.”

Origin: From Medieval Latin `affidavit` (he has stated on oath), from `affidare` (to trust), from Latin `ad-` (to) + `fides` (faith)

A legal document ordering someone to attend court

“He received a subpoena to testify before the grand jury.”

Origin: From Latin `sub poena` (under penalty), from `sub` (under) + `poena` (penalty)

A court order requiring a person to be brought before a judge

“The defense filed a writ of habeas corpus challenging the detention.”

Origin: Latin phrase meaning `you should have the body`, from `habere` (to have) + `corpus` (body)

Legal work done without charge for public good

“Many attorneys dedicate time to pro bono cases for those who cannot afford representation.”

Origin: From Latin `pro bono publico` (for the public good), from `pro` (for) + `bonus` (good)

A civil wrong that causes harm or loss

“Negligence is one of the most common types of tort.”

Origin: From Old French `tort` (wrong, injustice), from Latin `tortus` (twisted), past participle of `torquere` (to twist)

The party who initiates a lawsuit

“The plaintiff alleged breach of contract and sought damages.”

Origin: From Old French `plaintif` (complaining), from `plaindre` (to complain), from Latin `plangere` (to lament)

The party against whom a lawsuit is brought

“The defendant denied all allegations and filed a counterclaim.”

Origin: From Latin `defendere` (to ward off, protect), from `de-` (from, away) + `fendere` (to strike)

A court order requiring a party to do or refrain from doing something

“The judge issued an injunction preventing the merger.”

Origin: From Latin `iniungere` (to enjoin), from `in-` (upon) + `iungere` (to join)

A person legally obligated to act in another's best interest

“As a fiduciary, the trustee must prioritize the beneficiaries' interests.”

Origin: From Latin `fiduciarius` (held in trust), from `fiducia` (trust), from `fidere` (to trust)

Resolution of a dispute by an impartial third party

“The contract requires arbitration rather than litigation for disputes.”

Origin: From Latin `arbitrari` (to give judgment), from `arbiter` (judge, witness)

Security against legal liability for one's actions

“The insurance policy provides indemnity against professional negligence.”

Origin: From Latin `indemnis` (unhurt, free from loss), from `in-` (not) + `damnum` (loss, damage)

A legal principle preventing someone from arguing something contrary to a previous claim

“The doctrine of estoppel barred him from denying the agreement.”

Origin: From Old French `estoupail` (stopper, bung), from `estouper` (to stop up), meaning to stop or bar

Wrongdoing or misconduct, especially by a public official

“The investigation revealed malfeasance at the highest levels.”

Origin: From Old French `malfaisance`, from `mal-` (bad) + `faisance` (doing), from Latin `facere` (to do)

Based on first impression; accepted as correct until proven otherwise

“The prosecution established a prima facie case of fraud.”

Origin: Latin phrase meaning `at first face/appearance`, from `primus` (first) + `facies` (face)

Something given in exchange for something else

“The arrangement was a clear quid pro quo that violated ethics rules.”

Origin: Latin phrase meaning `something for something`, from `quid` (something) + `pro` (for) + `quo` (which)

The time limit for initiating legal proceedings

“The statute of limitations had expired, barring the lawsuit.”

Origin: Modern legal compound; `statute` from Latin `statutum` (thing set up) + `limitation` from Latin `limes` (boundary)

The act of a judge disqualifying themselves from a case due to conflict of interest

“The judge announced his recusal from the trial.”

Origin: From Latin `recusare` (to refuse, reject), from `re-` (back) + `causari` (to give as a reason)

An impartial adviser to a court of law in a particular case

“The organization filed an amicus curiae brief.”

Origin: Latin phrase meaning `friend of the court`, from `amicus` (friend) + `curia` (court)