Learning Legal Definitions
First, and most obviously, you`ll learn new words you`ve probably never encountered before. These words and expressions only have meaning as legal terms. Words or phrases such as res judicata, impleader, enforceable, demurrer and mens rea force students to acquire new vocabulary. Learning the meaning of these words is essential to understanding any case or discussion in which they are used. Luckily, Enjuris is here to help. The following defined terms are intended to provide 1st year law students with a basic understanding of common legal terminology. Lessons on family relationships, family law, wills and estates examine the legal complexity of personal relationships. They are also introduced into legal terms related to judicial proceedings, civil cases and criminal proceedings. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” No previous experience is required, but students must be at the level of reading and writing in high school.
Books are not required and additional course materials are not required. All lessons and web links are provided to you. All you need is an interest in legal terms and a willingness to learn this complex language. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Second, and somewhat more difficult, some recognizable words take on different or new meanings when used in the law. Malicence, for example, when used in the law of slander, does not mean hatred or malice; It means “with reckless disregard for the truth.” Similarly, “consideration” in contract law has nothing to do with reflection; It means something of value given by a party to an agreement. If a party is “biased” in the law, it usually means that the party has been disadvantaged, not that the party is sectarian. “Furnishing” in real estate law is much more than bathroom and kitchen equipment. There are many words like this in the law, and students must shed their ordinary understanding of a word to absorb its legal meaning. Words that have different meanings or specialized in law are sometimes called “artistic terms.” Legal issues arise regularly in our daily lives and the language of law is everywhere.
Legal Terminology 101 is a comprehensive guide to the language of the legal system. If you`re considering buying a home, being involved in a landlord-tenant dispute, making a will, buying a car, getting health insurance, applying for a credit card, or hiring a lawyer, understanding the terminology of contracts, forms, and systems is essential to success. The formal and technical language of legal documents. RAIC: Problem, rule, analysis, conclusion. This is the structure we use for legal drafting. Sometimes it is called CRAC or CREAC. CRAC is conclusion, rule, analysis, conclusion and CREAC is conclusion, rule, explanation, analysis, conclusion. They are all the same basic structure with very few modifications.
The legal principle of determining the points in the dispute according to case law. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Demurrer: A historical term for what the defendant claims to dispute if the plaintiff has made a legally sufficient claim. Now dealt with by the request for refusal under Rule 12(b) for failure to specify a claim. Legal terminology the easy way is the perfect course for anyone who wants to feel confident reading and understanding legal terms. An objection that expresses the point that, even if the facts stated are true, their legal consequences do not require that the action continue. Bottom line: This is often used in legal writing and means that you have skipped a proper analysis. You don`t want your writing to be conclusive, you want a conclusion supported by analysis.
Your law writing professors and academic support professors will help you with this. Abbreviation for “alternative dispute resolution”, which refers to the resolution of disputes by means other than judicial proceedings. The 2 most common forms are arbitration and mediation. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Each lesson includes audio files so you can make sure you pronounce the term correctly and help you feel more comfortable using these legal terms in a social context.