20 Legal Terms That You Should Know About

Michelle Wilson - March 2, 2023

Navigating legal proceedings can be challenging, especially for those without a legal background. In fact, a survey by the American Bar Association found that 60% of Americans will experience a legal issue this year, but only 17% feel confident handling legal matters. One of the main reasons is the use of complex legal terminology, which many agree makes legal proceedings more intimidating.

With this in mind, this blog post will introduce 20 essential legal terms that individuals should know to confidently navigate the legal system.

Actus reus

Actus reus translates to “guilty act” in Latin. It is a legal concept that refers to a crime’s physical or external element. In contrast, to mens rea (definition to come), an individual’s actual conduct or behavior constitutes a crime, as opposed to the individual’s mental state.

Alimony

Alimony can be difficult to navigate during a divorce, with disputes arising over the amount and duration of payments. According to public data, around 400,000 individuals in the United States receive alimony. Alimony, or spousal support, is a regular payment made by one former spouse to the other to help maintain their current standard of living.

Breach of Contract

In contract law, the term “breach of contract” refers to a failure by one party to fulfill their obligations under a legally binding agreement.

Consideration

Consideration refers to something of value one party gives to another as part of a legally binding agreement. Consideration is one of the essential elements required for a contract to be valid. Consideration can take many forms, including money, property, services, or a promise to do (or not do) something in the future.

Copyright

Copyright is a legal term used to describe the exclusive rights that creators or owners of original works have over their works. These include literary, musical, dramatic, and artistic works like sound recordings or software. Copyright grants the owner the right to control their work’s use, reproduction, distribution, and public display.

Custody

In legal terms, custody refers to the care, control, and maintenance of a person, property, or animal. In the context of family law, custody most commonly refers to a child’s legal and physical care.

Deed

A deed is a legal document parties use to transfer property ownership to another entity. It is a written instrument that serves as proof of ownership and describes the transferred property, including its boundaries and any restrictions or encumbrances on the property.

Easement

By definition, an easement is a non-possessory right to use another person’s land for a specific purpose. It grants the holder of the easement a legal interest in another person’s land, allowing them to use it for a particular purpose, such as accessing a neighboring property or using a common driveway.

Embezzlement

Embezzlement is a type of fraud where an individual entrusted with managing cash, such as an agent, executive, or employee, intentionally redirects those assets for their benefit or that of a third party.

Felony

A felony is a major criminal offense punishable by imprisonment for more than one year, fines, or both. Felonies are typically considered more severe than misdemeanors and may include murder, arson, rape, robbery, and drug trafficking.

Garnishment

Wage or property garnishment is a legal process used by creditors to collect unpaid debts from borrowers who do not qualify for bankruptcy. This process allows the creditor to obtain a court order to redirect funds from the debtor’s wages or bank account until they pay the debt.

When it comes to wage garnishment, it’s crucial to understand that it can significantly impact your credit score, as well as your current and future employment opportunities. Employers can fire employees with multiple wage garnishments in some states due to potential liability issues.

Intentional Torts

Intentional torts refer to civil wrongs committed by one person against another to cause harm or injury. Unlike negligence, which involves a failure to exercise reasonable care, intentional torts involve a deliberate act or omission that results in harm or injury to another person or their property.

Lien

When you purchase a car or property, you may have noticed the terms “lien” and “lienholder” on your contract of sale. A lien is a legally binding claim placed on your property by a creditor or financial institution, giving them the right to seize the property if you fail to pay off your debt or fulfill the terms of the contract.

Lienholders can be banks, credit unions, or other lending institutions. In the case of a car loan or mortgage, the lender will hold a lien on the vehicle or property until the other party pays the loan off. Therefore, if you default on your loan, the lender has the legal right to repossess or foreclose on the property to recover losses.

Mens rea

Mens rea is a Latin term used in criminal law to refer to the mental element of a crime. It means “guilty mind” and refers to the defendant’s mental state when they committed a crime. Mens rea is important since it is a person’s mental state when they intentionally commit a crime or harm someone, which is necessary to establish criminal liability.

Negligence

In legal terms, negligence is a type of tort (civil wrong) that involves a failure to exercise reasonable care under the circumstances, resulting in harm or injury to another person or property. Negligence is a common law concept developed by courts through case law over many years.

To establish negligence, the plaintiff (the person or entity bringing the claim) must prove four elements, duty of care, breach of duty, damages and causation.

Offer and Acceptance

In contract law, “offer and acceptance” refers to the process by which parties enter into a legally binding agreement. An offer is a proposal one party makes to another party, indicating that the offeror is willing to enter into a contract on certain terms.

Acceptance occurs when the offeree agrees to the terms of the offer, creating a binding contract between the parties.

Patent

A patent is one form of intellectual property (IP) that gives the inventor the exclusive right to prevent others from making, using, or selling an invention for a limited period, usually 20 years from the filing date. The purpose of a patent is to encourage innovation and the advancement of technology by providing inventors with the ability to protect their ideas and inventions from being copied or stolen.

Prenuptial Agreement

Also known as a prenup, a prenuptial agreement is a legal document that couples sign before marriage. It outlines the division of assets, property, and debt in the event of a divorce or separation.

Title

A title refers to ownership of a particular property or asset. It represents a legal right that a person has over a property or asset, which includes the right to possess, use, and dispose of it.

Trademark

A trademark is another type of IP consisting of a recognizable sign, design, or expression an individual or organization uses to distinguish their products or services from others. It can be a word, phrase, symbol, design, or combination of these elements. The primary function of a trademark is to identify the source of goods or services and to differentiate them from the products or services of others.

A Word To The Wise

It’s important to keep in mind that legal issues can arise unexpectedly, even if they are not criminal. Therefore, it’s wise to familiarize yourself with the legal terms mentioned above to ensure that you’re ready to face any legal situation that comes your way.