Legal terms YOU SHOULD KNOW

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Legal terms YOU SHOULD KNOW

Here are some introductory legal terms that you might hear around the office, with your lawyer, or even in your favorite legal show.  These terms will help you understand more about the proceedings that will shape your case.

• Statue of limitation

  •  The time limit for filing a lawsuit.  They vary depending on the case type, however, after the statute of limitation has expired, you can no longer take legal action. For personal injury cases in Missouri, the statute of limitation is five years.

• Plaintiff

  • The person who files a lawsuit, i.e. the person bringing forth the claim that someone has broken the law.  Our law office is composed of plaintiff attorneys since we file lawsuits where someone has been injured.

• Defendant

  • The person or business who is being sued for breaking the law.  They are the other party involved in the lawsuit.

• Precedents

  • Laws or court decisions that serve as an example or guide in cases where the circumstances are similar to the current case.  In some instances, judges rule similarly to a previous case if there is an established precedent.

• Litigation

  • The general act, process, or practice of engaging in legal proceedings; two parties working to defend or enforce a legal right in a court of law.

• Due Process

  • The term is based on the idea that a government cannot take a person’s basic rights to “life, liberty, or property, without due process of law.” It essentially means fair treatment.

• Tort Law

  • Tort law is a type of civil law that addresses the harm or injuries caused by another person’s actions.  These actions can fall under intentional, negligent, or strict liability.

• Negligence

  • Negligence is a failure to adhere to a set standard of behavior.  You can think of it as a lack of thoroughness and following the rules that endangers another person.

• Deposition

  • A witness’s sworn-to-truth testimony.  They are one of the beginning steps when a case is filed.  They allow the other side to question a witness, provide a better understanding of the case, and are used to gather information that may be used at trial.

• Power of Attorney

  • Legal authorization that is granted to one person to make decisions and act on behalf of another person in instances such as pulling the plug, property decisions, and general health preferences.

  • Giving someone power of attorney does not give them the power to change or invalidate a will or violate the initial terms of the power of attorney agreement.  It does not extend after a person’s death.  Power of Attorney ends when the person giving the power dies.

• Appeal

  • Challenging a previous legal ruling on the grounds of a problem or problems existing in the previous ruling or case.  Appealed cases are tried in a higher court of law than the previous case and have the power to overturn a ruling.

The next time you’re watching a series involving the law, you might know a little more about some of the jargon they throw around!

Want to reach us about your case? Call us at (314)-645-9500 or email us at lawoffices1011@gmail.com.  If you want to ask a question, go to the FAQ page on our website and write us one.

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