Advice From a Gainesville Lawyer: 10 Legal Terms You Should Know
Legal terms can be confusing. Many are derived from Latin and aren’t part of our everyday language. Others are common words that take on different meanings in a court of law. If you’re ever facing a lawsuit, claim or need to appear in court, these are some of the terms you’ll need to know to understand the judge and lawyers who are dealing with your case. To help, our team of Gainesville lawyers at Avera & Smith have compiled 10 of the most common legal words used in court and their definitions.
10 Common Legal Terms to Know
1. Plaintiff / Defendant / Witness
There are two sides in every case: the plaintiff and the defendant. The person or entity who initiates the lawsuit is called the plaintiff, and the person or entity against whom the suit is brought is called the defendant.
A witness is anyone that provides testimony in a case. It can mean a literal witness, meaning someone who saw an event or parts of an event unfold in real time. It can also be the defendant or the plaintiff.
2. Affidavit / Deposition / Testimony
Though different, these three terms have a lot in common. They all refer to a way to gather information about a case.
An affidavit refers to a written statement that is made under oath. It can come from a witness, the defendant or the plaintiff. An affidavit must be true and accurate to the best of the declarer’s ability; if it is not true, the declarer can be charged with perjury and sentenced to pay a fine or serve time in jail.
A deposition is a formal question and answer session in which the person relaying information swears an oath to tell the truth. Though it can be used in a court of law, a deposition most often takes place at a court reporter’s office or a lawyer’s office. The purpose of a deposition is to gain information about the event that occurred, and it holds the same weight as if testifying before a jury and judge.
Testimony refers to the spoken words relayed in a deposition, or in court, before a judge and/or jury, regarding the event that occurred. It must be given under oath, and attorneys for either side (plaintiff or defense) can ask questions of the witness.
3. Credibility
Credibility is the believability or trustworthiness of a witness. Credible witnesses appear honest and trustworthy to the jury. If a witness is found to be not credible, this means that their testimony is not believable. It is the goal of every lawyer to present credible witnesses in court and throughout all steps of a case. Credible witnesses can include the plaintiff, defendant, actual witnesses who saw the event unfold, and expert witnesses, who may be called to lend expertise to a particular area of the case.
4. Damages
The term damages is often used to talk about the money that the plaintiff is seeking to help financially recover from the event. Damages can include compensation for medical bills, lost wages, and non-economic damages, such as pain, suffering and disability.
5. Discovery
Also known as the discovery process, this is the part of the case before the trial when each side gathers evidence from the other through requests for documents, depositions and written responses to questions (interrogatories).
6. Liability
The purpose of a lawsuit is to determine whether the defendant will be held liable, or responsible, for plaintiff’s damages. If the defendant is found by a jury to be liable, the jury will additionally determine the amount of money to compensate the plaintiff for their damages. .
7. Litigation
Litigation is the process of resolving a dispute in court. This can involve a lawsuit, criminal proceedings, or any other legal action.
8. Negligence
Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances.
9. Warrant
A warrant is a legal document issued by a court that gives law enforcement the authority to make an arrest, search a premises or seize property. If evidence was obtained without a warrant or before a warrant was received, the evidence is deemed inadmissible and cannot be used in court.
10. Writ
A writ is a formal written order issued by a court telling someone to either do or not do something specific. If the person goes against the writ, they can be arrested or detained.
These are just a few examples of the most common legal words used in court or in handling cases and related proceedings. If you have any questions about their meaning or how they might apply to your specific situation, reach out to our team of trusted Gainesville lawyers at Avera & Smith. Our law firm will help to give you a better understanding of the legal process so you can feel more confident as your case proceeds.