Legal Terms Glossary

Compensation for real, proven losses — medical bills, lost wages, property damage. Distinguished from punitive damages, which punish wrongdoing.

An insurance company employee who investigates claims, assesses damage, and determines how much the insurer will pay. Adjusters work for the insurer, not for you.

A written statement made under oath, signed in front of a notary. Affidavits are used as evidence in court proceedings and legal filings.

The defendant's formal written response to a lawsuit complaint, filed with the court. Must admit or deny each allegation.

A formal request to a higher court to review and reverse a lower court's decision. Appeals focus on legal errors, not new evidence.

The first court appearance in a criminal case, where the defendant is formally charged and enters a plea (guilty, not guilty, or no contest).

A state where the driver who caused the accident is responsible for paying all damages. The injured party sues or files a claim against the at-fault driver's insurer.

A legal protection that keeps communications between an attorney and client confidential. The attorney cannot be compelled to reveal what you tell them in confidence.

When an insurance company unreasonably denies, delays, or underpays a valid claim. Bad faith can give rise to extra-contractual damages against the insurer.

Money paid to the court to secure a defendant's release from jail while awaiting trial. The bail amount is forfeited if the defendant fails to appear.

The intentional, harmful or offensive physical contact with another person without consent. Differs from assault, which involves the threat of contact.

Failure to fulfill the terms of a legally binding agreement without a valid legal excuse. The non-breaching party may sue for damages.

The obligation to prove one's claims. In civil cases: preponderance of the evidence (more likely than not). In criminal cases: beyond a reasonable doubt.

The legal link between the defendant's conduct and the plaintiff's injury. Must prove both actual cause (but-for) and proximate cause (foreseeable harm).

A lawsuit filed by one or more plaintiffs on behalf of a large group of people with similar claims against the same defendant.

A legal doctrine that divides responsibility for an accident among all parties based on their percentage of fault. Recovery is reduced by the plaintiff's percentage of fault.

Money awarded to compensate the plaintiff for actual losses suffered — both economic (bills, wages) and non-economic (pain, suffering, emotional distress).

The initial document filed in civil court that starts a lawsuit. States who is suing, who is being sued, the facts, legal claims, and relief requested.

A fee arrangement where the attorney only gets paid if you win. Typically 33% of the recovery in personal injury cases, with no upfront cost to the client.

An old legal rule used in AL, MD, NC, and VA where any fault by the plaintiff — even 1% — completely bars recovery. One of the harshest rules in US tort law.

Legal authority to make decisions for a child (legal custody) or the right to have a child live with you (physical custody). Can be sole or joint.

Money awarded by a court to compensate for harm. Categories include compensatory (actual losses), punitive (punishment), and nominal (technical violation with no real harm).

A court ruling in favor of the plaintiff when the defendant fails to respond to a lawsuit within the required timeframe.

Sworn out-of-court testimony given by a witness before trial, recorded by a court reporter. Used for discovery and can be used at trial to challenge inconsistent testimony.

The pre-trial process where both sides exchange evidence and information. Includes depositions, interrogatories, requests for documents, and subpoenas.

The court order that formally ends a marriage and sets the terms of the divorce — property division, support, custody, and visitation.

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI): operating a vehicle with a BAC of .08% or higher, or while impaired by drugs. Penalties vary significantly by state.

The legal obligation to act with reasonable care to avoid causing harm to others. A driver owes a duty of care to other road users; a doctor owes it to patients.

The right to use another person's land for a specific purpose, such as a utility company running lines through private property or a neighbor crossing your land.

The government's power to take private property for public use, with payment of just compensation. Often called 'condemnation.'

The default employment rule in most US states: either party can end the employment relationship at any time, for any reason, with some exceptions (discrimination, retaliation).

Money or property held by a neutral third party until conditions of an agreement are met. Common in real estate transactions and employer benefit programs.

Information presented in court to prove or disprove facts. Includes documents, witness testimony, photographs, physical objects, and expert opinions.

The legal process of sealing or erasing a criminal record, making it inaccessible to the public. Eligibility rules vary significantly by state and offense type.

State law governing how responsibility for an accident is divided among parties. The three main systems are pure comparative, modified comparative, and contributory negligence.

A serious crime punishable by more than one year in prison. Examples include murder, robbery, and grand theft. Distinguished from misdemeanors.

The legal process by which a lender takes possession of a property after the borrower fails to make mortgage payments. Process and timelines vary by state.

Intentional deception for personal gain that causes harm to another party. Can give rise to both civil (damages) and criminal (prosecution) liability.

A court order directing a third party (usually an employer or bank) to withhold money from someone's wages or account to pay a debt or judgment.

A group of citizens who review evidence presented by a prosecutor and decide whether there is sufficient cause to formally charge someone with a crime (indictment).

A formal complaint filed through an official process — an employer's HR system, a union procedure, or a regulatory body — to address a workplace wrong.

Unwanted conduct based on a protected characteristic (race, sex, religion, etc.) that creates a hostile work environment or results in a tangible employment action.

An out-of-court statement offered in court to prove the truth of what it asserts. Generally inadmissible as evidence, with many exceptions recognized by law.

The Health Insurance Portability and Accountability Act: federal law protecting the privacy of medical records and health information.

A visa that allows a foreign national to permanently live and work in the United States. Distinguished from nonimmigrant visas, which are temporary.

A formal charge of a felony, issued by a grand jury after reviewing evidence. Required by the Fifth Amendment for federal felony prosecutions.

A court order requiring a party to do something or stop doing something. Temporary restraining orders (TROs) are emergency, short-term injunctions.

A contract between a policyholder and an insurer where the insurer agrees to pay for specified losses in exchange for premium payments.

Written questions submitted by one party to another during discovery, which must be answered under oath within a set time period.

An arrangement where both parents share legal and/or physical custody of a child after divorce or separation. Requires co-parenting cooperation.

The official decision of a court that resolves a dispute. A money judgment orders the defendant to pay the plaintiff a specific amount.

The authority of a court to hear and decide a case. Determined by geography (which state or county) and the subject matter (type of case).

State and local laws governing the rights and obligations of property owners (landlords) and renters (tenants), including lease terms, deposits, and eviction procedures.

A legal claim or hold on a property as security for a debt or obligation. Common types include mortgage liens, mechanic's liens, and tax liens.

Legal responsibility for one's actions or omissions. In civil law, liability means you can be sued and required to pay damages.

The process of resolving disputes through the court system. Includes filing a complaint, discovery, motions, trial, and potentially appeal.

A voluntary dispute resolution process where a neutral third party (mediator) helps the parties negotiate a settlement. Less formal and less costly than trial.

Professional negligence by a healthcare provider that causes patient harm. Must prove duty of care, breach of the standard of care, causation, and damages.

Constitutional rights police must inform you of before a custodial interrogation: right to remain silent, anything you say can be used against you, right to an attorney.

A criminal offense less serious than a felony, generally punishable by up to one year in local jail. Examples include petty theft, simple assault, and first-offense DUI in many states.

The fault rule used by most US states: you can recover damages only if you were less than 50% (or 51%) at fault. At the threshold, you recover nothing.

Failure to exercise the care that a reasonably prudent person would exercise. The foundation of most personal injury and car accident claims.

An auto insurance system where each driver's own insurer pays for their medical bills regardless of who caused the accident. Used in 12 states. Suing the other driver requires meeting a serious injury threshold.

A contract clause preventing an employee from working for competitors or starting a competing business for a period after leaving. Enforceability varies widely by state.

The Occupational Safety and Health Administration: the federal agency responsible for setting and enforcing workplace safety standards.

An agreement reached between parties to resolve a dispute without a trial. Most civil cases resolve this way. Settlements are typically confidential.

Early release from prison under supervision and conditions. Violating parole conditions can result in return to prison.

Physical or psychological harm caused by someone else's negligence, recklessness, or intentional act. Forms the basis for civil lawsuits seeking monetary compensation.

The party who initiates a civil lawsuit by filing a complaint with the court. In criminal cases, the government (not the victim) is the prosecuting party.

An agreement where a defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for not going to trial. Resolves the majority of criminal cases.

A legal document granting one person authority to act on another's behalf for financial, medical, or legal matters. Can be durable (remains valid if incapacitated) or limited.

A court-ordered supervision period served in the community instead of (or in addition to) jail time. Requires compliance with specific conditions.

The direct, foreseeable legal cause of an injury. The defendant's conduct must be closely enough linked to the harm to justify imposing liability.

Extra money awarded above and beyond actual losses, intended to punish especially reckless or malicious conduct and deter similar behavior. Not available in all cases or states.

A fault rule (used in about 13 states) where you can recover damages even if you were 99% at fault — your recovery is simply reduced by your percentage of fault.

The standard of proof required for a criminal conviction. Prosecutors must prove every element of the crime to such a degree that a reasonable person has no significant doubt of guilt.

Adverse employment action taken against an employee for engaging in a legally protected activity, such as reporting discrimination or filing a workers' comp claim.

A court order requiring a person to stay away from another person, their home, workplace, or school. Often used in domestic violence and stalking cases.

A mutually agreed resolution to a legal dispute, usually involving a payment of money in exchange for dismissing the lawsuit. Avoids the cost and uncertainty of trial.

The legal deadline for filing a lawsuit. Miss this deadline and you permanently lose your right to sue. Time limits vary by state and claim type — typically 1-6 years.

Legal responsibility imposed without proof of negligence or fault. Applies to inherently dangerous activities and some product liability claims — the defendant is liable regardless of how careful they were.

A court order compelling a witness to testify or produce documents. Failure to comply can result in contempt of court charges.

The right of an insurer who has paid a claim to step into the insured's shoes and pursue recovery from the at-fault party.

A court ruling in favor of one party before trial, based on the judge's finding that there is no genuine dispute of material fact and the moving party is entitled to win as a matter of law.

A civil wrong (other than breach of contract) that causes harm and gives rise to a lawsuit. Includes negligence, intentional torts, and strict liability claims.

Legal ownership of property. A 'clean title' means no liens, claims, or disputes cloud ownership. Title insurance protects buyers from undiscovered title defects.

Insurance protecting real estate buyers and lenders against losses from title defects discovered after purchase (e.g., forged deeds, undisclosed liens, unknown heirs).

Auto insurance coverage that pays for your injuries and damages if you are hit by a driver who has no insurance — or in a hit-and-run situation.

Firing an employee for an illegal reason — discrimination, retaliation, whistleblowing, or in violation of contract. Also called 'wrongful termination.'

The formal decision rendered by a jury (or judge in a bench trial) at the conclusion of a trial.

Authorization from a government allowing a foreign national to enter and remain in the country for a specified period and purpose.

The voluntary relinquishment of a known right. Signing a waiver before a risky activity may limit your ability to sue for injuries.

An employee who reports illegal, unsafe, or unethical conduct by their employer to a government agency or law enforcement. Protected from retaliation by federal and state laws.

A state-mandated insurance program providing wage replacement and medical benefits to employees injured on the job, regardless of fault. Generally bars suing the employer directly.

A civil claim brought by surviving family members when a person dies due to someone else's negligence or intentional act. Compensation may cover funeral costs, lost income, and loss of companionship.