Have you ever heard legal terms that you didn’t understand? Would you feel more confident asking for legal advice if you knew what certain legal words mean? Or are you just addicted to legal and crime drama shows and want to get the inside scoop?

This is a basic overview of some legal terms and concepts common to the United States that may be helpful if you seek legal advice or just want to improve your Scrabble game!

Legal Terms for Law Office Workers

The folks you are most likely to meet at a law office are attorneys, paralegals and legal secretaries.

Attorney – Did you know that not all lawyers are attorneys? A lawyer is anyone who has gone through law school, even if they do not give legal advice to other people. An attorney has passed a bar exam that qualifies him or her to practice in a specific area, usually a state. Only attorneys in good standing are allowed to represent you in court.

If you are looking for information on an attorney or law firm, check out the Martindale-Hubble online directory.

Paralegal – Also called a legal assistant, paralegals are qualified by training or experience to perform certain types of legal work that would otherwise be done by an attorney. A paralegal may be hired by a sole practitioner, a law firm, corporation or government agency as a regular employee or freelance contract worker. All legal work done by a paralegal is the responsibility of an attorney.

Legal Secretary – Legal secretaries perform administrative duties in a law office, and provide clerical support to attorneys and paralegals.

Criminal and Civil Actions

Most types of legal issues encountered by you or me will involve either a criminal or civil action.

Criminal cases are brought against persons accused of breaking the law. If the person is accused of a federal crime they will be prosecuted by the government through the U.S. Attorney’s office. State crimes are prosecuted through the Attorney’s Office in the state where the crime allegedly occurred. If a person is found guilty of criminal charges, penalties can result that range in severity from monetary fines to imprisonment or the death penalty.

Civil actions can be brought by an individual, or “entity” (meaning a corporation or government) who complains that another person or entity caused harm by what they did or failed to do.

Generally, when you hear about a person or company getting “sued” they are talking about a civil action.

Legal Terms in Lawsuits

The following are simple definitions of some of the most frequently used legal terms that a lay person may encounter.

Plaintiff – The person or entity who makes the accusation against another person, persons or entity.

Defendant – The person or entity accused of breaking the law or otherwise causing some type of damage or harm.

Tort – A tort is a civil wrong. By comparison, a criminal wrong is a crime.

Tortfeasor – This word translates literally to wrong-doer. A torfeasor is a person who causes civil harm either on purpose or by neglect.

Litigants – Both sides involved in a legal action. Plaintiffs and Defendants are both litigants.

Complaint – This is generally the first document filed in a lawsuit where the Plaintiff tells the Court what the Defendant did wrong and what harm was caused.

Pleadings – The documents filed in a law suit by the Plaintiff and Defendant. For example, the Complaint filed by the Plaintiff and the Defendant’s response to the Complaint are pleadings.

Affidavit – A written statement made under oath or by affirmation of a qualified authority (such a notary public). The person making the statement is the affiant, and makes the statement based upon his or her information and belief of the facts.

Subpoena – A written request for production of documents or for a person to appear in a legal proceeding. A subpoena must be issued through the local government, usually the court.

Subrogation – Subrogation is a term usually used in connection with insurance and generally means that the insurance company has the right to recover money from a third party, for example the tortfeasor in an accident.

This overview is for general information only. If you need legal advice – you guessed it – please consult a qualified attorney! Are you interested in more legal topics for the lay person? Please leave your comments below!