Legal glossary

Plain-language definitions of common legal terms. This is general information, not legal advice — for your situation, consult a licensed attorney.

A

affidavit
A written statement of facts sworn to be true, used as evidence in court.
appeal
Asking a higher court to review and change the decision of a lower court. Also: appellant, appellee
arbitration
A private way to settle a dispute where a neutral arbitrator, rather than a court, makes a binding decision.

B

breach of contract
Failing to do what a contract requires, without a legal excuse. Also: breach
burden of proof
The duty of a party to prove its case; who must prove what, and to what standard.

C

class action
A lawsuit brought by one or more people on behalf of a larger group with the same claim.
consideration
Something of value (money, a promise, an action) each side gives up to make a contract legally binding.
contingency fee
A fee arrangement where a lawyer is paid a share of what you recover, and usually nothing if you lose. Also: no-win-no-fee

D

damages
Money a court orders one party to pay another to make up for a loss or injury.
default judgment
A decision the court gives in your favour because the other side failed to respond or appear.
defendant
The person or party being sued or accused in a legal case.
deposition
Sworn, out-of-court testimony recorded before trial, used to gather evidence and preserve what a witness says.
discovery
The pre-trial stage where each side must exchange relevant documents and information about the case.
due process
The fair procedures the government must follow before taking away someone's life, liberty, or property.

E

estoppel
A legal rule that stops someone from going back on a promise or statement when another person reasonably relied on it.
executor
The person named in a will to carry out its instructions and manage the estate. Also: executrix

F

force majeure
A contract clause excusing a party from its obligations when extraordinary events beyond its control prevent performance.

G

garnishment
A court-ordered method of collecting a debt by taking money directly from wages or a bank account. Also: garnish, wage-garnishment

H

hearsay
An out-of-court statement offered to prove what it claims; it is often not allowed as evidence, with many exceptions.

I

indemnity
A promise by one party to cover another's loss, cost, or liability in defined situations. Also: indemnify, indemnification
injunction
A court order requiring someone to do, or stop doing, a specific act.
intestate
Dying without a valid will, so the law's default rules decide who inherits. Also: intestacy

J

jurisdiction
A court's authority to hear a case, often based on location or subject matter.

L

liability
Legal responsibility for something — for a debt, a harm, or a breach of duty. Also: liable
lien
A legal claim over property as security for a debt, which can prevent its sale until the debt is paid.
litigation
The process of taking a dispute through the courts, from filing a claim to a final decision.

M

mediation
A process where a neutral mediator helps the parties reach their own agreement; unlike arbitration, the mediator does not impose a decision.

N

negligence
Failing to take reasonable care, causing harm to someone you owed a duty of care to.

P

perjury
Deliberately lying under oath, which is itself a criminal offence.
plaintiff
The person or party who starts a lawsuit by filing a claim against someone else. Also: claimant
power of attorney
A legal document letting someone act on your behalf, for example on financial or health decisions.
precedent
An earlier court decision that guides or binds how similar later cases are decided.
probate
The legal process of proving a will is valid and administering a deceased person's estate.

R

retainer
An up-front payment to secure a lawyer's services, often drawn down as work is done.

S

settlement
An agreement that resolves a dispute without a final court decision, often involving a payment or other terms.
statute
A written law passed by a legislature, as opposed to law developed through court decisions. Also: statutory
statute of limitations
The deadline for starting a legal case; after it passes, the claim is usually barred. Also: limitation-period
subpoena
A formal order requiring someone to give testimony or produce documents.

T

tort
A wrongful act (other than a breach of contract) that causes harm, giving the injured person the right to sue — for example, negligence or defamation. Also: torts

W

warranty
A promise about the quality or performance of something, which can be enforced if broken. Also: warranties