Legal Ease by Shane Givens
Aug. 4, 2011

Common legal terms, Part I

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With I am constantly asked about the meaning of a multitude of common legal terms. The meaning of many terms is unknown to the general public (including me before I started law school). One of my professors actually lectured us that lawyers should keep the definitions of these words a secret so clients would have to ask us their meaning. So, at the expense of revealing a few legal “secrets,” here are a few commonly used legal terms and their meanings.

_ Affidavit: A sworn written statement.

_ Beneficiary: A person named as such in a will or insurance policy. A beneficiary may also be the equitable named person under a trust, where the legal owner is the trustee.

_ Beyond a Reasonable Doubt: The standard in a criminal case that must be met by the prosecution in order to convict the defendant. It means the evidence is fully satisfied, all the facts are proven, and guilt is established to a moral certainty.

_ Brief: A legal document that sets out the legal arguments in a lawsuit.

_ Burden of Proof: A party's duty to prove a disputed assertion or charge. This includes the burden of persuasion and the burden of production.

_ Cause of Action: The grounds on which the legal action is being brought.

_ Caveat Emptor: Latin for “buyer beware”, this legal doctrine means that if you do not take due care when buying something, you cannot take your case before the court.

_ Clear and Convincing Evidence: Evidence indicating that the thing to be proved is highly probable or reasonably certain.

_ Consideration: The item, usually money, which you pay, under a contract, in exchange for getting something else.

_ Damages: Money paid to someone who has suffered injury or loss as a result of an action by a third party.

_ Default: The failure to do something required of you under contract – an obligation. Ordinarily the obligation is to pay money, which if you do not pay, would mean you are in default of the contract.

_ Due Process: The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property.

_ Forfeiture: The court orders an item sold. Monies from the sale will be distributed according to the priorities defined by statute, first to pay secured interests and then to others.

_ Easement: A right given to one person to enter the property of another without having to ask permission each time. (For example, the telephone lines going into your home are an easement right.)

_ Encumbrance: A claim on your property title – for example, a mortgage.

_ Escrow: Money paid into an account in the name of a third party which is then released once certain conditions have been fulfilled.

I'll conclude this alphabetical list next week in Part II. 

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to givenslaw@tds.net.