English legal terms

Для того чтобы успешно читать юридические документы на английском языке, необходимо знать ряд терминов – English legal terms.


Appeal - A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is «to appeal» or «to take an appeal». One who appeals is called the «appellant»; the other party is the «appellee».

Arraignment - A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

Bench trial - A trial without a jury, in which the judge serves as the fact-finder.

Complaint - A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Contract - An agreement between two or more people that creates an obligation to do or not to do a particular thing.

Conviction - A judgment of guilt against a criminal defendant.

Damages - Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Defendant - An individual (or business) against whom a lawsuit is filed.

De facto - Latin, meaning «in fact» or «actually». Something that exists in fact but not as a matter of law.

De jure - Latin, meaning «in law». Something that exists by operation of law.

Federal question jurisdiction - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Habeas corpus - Latin, meaning «you have the body». A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Issue - 1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.

Judgment - The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Jurisdiction - The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Oral argument - An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Pleadings - Written statements filed with the court that describe a party's legal or factual assertions about the case.

Prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Sanction - A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Sentence - The punishment ordered by a court for a defendant convicted of a crime.

Testimony - Evidence presented orally by witnesses during trials or before grand juries.

Verdict - The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Warrant - Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

Witness - A person called upon by either side in a lawsuit to give testimony before the court or jury.