5 Key Legal Terms Every Intermediate English Learner Should Know

Understanding legal terms can feel overwhelming, especially if you’re learning English as a second language. However, knowing some key legal terms can be face-saving in your daily life.  

It can make it easier to understand the news, engage in conversations about current events, and deal with certain situations. This blog explains five essential legal terms that every intermediate English learner should know.

#1. Settlement

It is an agreement between two entities to resolve a conflict outside court. It’s like finding a compromise where both sides agree to certain terms to avoid a trial. 

This agreement often involves one party paying money or fulfilling other obligations to the other party. Settlements are the standard in civil cases, such as personal injury lawsuits or contract disagreements. They enable parties to save time and money by avoiding an extended trial. A common point everyone gets confused about is the difference between a settlement and a payout. 

While a settlement refers to the agreement itself, a payout is the amount of money distributed as part of that agreement. A settlement can involve single or multiple payments over time, depending on the parties’ agreed-upon terms. For instance, in legal cases involving defective products, companies settle instead of going through lengthy court processes. 

A notable example is the Suboxone lawsuit, where individuals affected by the drug were eligible for compensation. This process highlights how settlements ensure fairness, as seen in the Suboxone lawsuit payout per person. This figure compensates claimants based on specific details like the damage severity, duration of medication use, resulting expenses, and loss of quality of life.

According to TruLaw, the average settlement amount per person can vary between $10,000 and $500,000. Victims can also pursue punitive damages. Another point is that settlements can take various forms. This includes structured settlements, where payments are made over time, or lump-sum settlements, where one large payment is issued. 

Understanding these options helps individuals make informed choices when resolving legal matters.

#2. Testimony

A testimony is a witness statement made under oath in a legal setting. It is a crucial part of court cases and helps establish facts or clarify details about the case. A testimony can be oral, given in court, or written as a formal statement.

There are different types of testimony, such as expert and eyewitness testimony. Expert testimony comes from professionals with specialized knowledge relevant to the case, such as doctors or scientists. On the other hand, someone who directly observed the events gives eyewitness testimony.

For example, in a personal injury case, an eyewitness might describe the events of an accident. In contrast, a medical expert might testify about the extent of injuries. Testimony plays a key role in helping judges or juries reach fair decisions. For instance, Congress heard expert testimonies about unidentified flying objects (UFOs) in US airspace last month.

According to Yahoo, these experts were retired Navy personnel, journalists, and former intelligence officers. They claim that the Pentagon possesses some Unidentified Anomalous Phenomena (UAP) technology, as do some of its adversaries. Now, when conspiracy theorists say this, it has little weight. However, when multiple government employees claim the same thing, it is completely different.

#3. Verdict

It is the outcome reached by a judge or jury at the end of a trial. It’s the solution to the fundamental topic of the case. In a criminal case, the verdict might be “guilty” or “not guilty.” In a civil case, it might be “liable” or “not liable.”

Verdicts are based on evidence presented at trial. In cases involving a jury, the members deliberate and reach a majority decision, depending on the jurisdiction. If the jury cannot agree, it may lead to a “hung jury,” which could cause a retrial.

On the other hand, in bench trials, the judge makes the verdict. In some instances, a judge may issue a “directed verdict” if they determine there isn’t enough evidence for the jury to consider. Once a verdict is delivered, it usually marks the end of the trial. However, there might be further steps, like sentencing in a criminal case.

The most recent example is a Manhattan jury that upheld the verdict of not guilty of criminally negligent homicide for Daniel Penny. The case gained nationwide attention. Penny, a 26-year-old Marine veteran and architecture student, put Jordan Neely, an individual with a criminal record, into a chokehold, resulting in his death. Fox News reports Neely had an active arrest warrant, a deranged background, and was high on K2, a synthetic marijuana. 

#4. Appeal

An appeal is a formal request to a higher court to review a decision made by a lower court. It’s a way to challenge a verdict or a judge’s ruling if you believe there was an error. Appeals are important to the legal system because they help ensure fairness and accuracy.

You can’t just appeal a case because the decision doesn’t favor you. There should be a valid reason, such as a legal error or new evidence during the original trial. The U.S. Department of Justice provides a helpful overview of the appeals process on their website.

Appellate courts handle appeals. These courts don’t hold new trials. Instead, they review the lower court’s records and listen to arguments from the lawyers. The appellate court can uphold the original decision, overturn it, or even order a new trial. Recently, Reuters reported an appeals court upheld a notion compelling ByteDance (TikTok’s parent entity) to sell the app.

The Department of Justice claims the app is a national security risk due to its roots in the People’s Republic of China. It asserts that China can covertly influence the content that Americans consume via TikTok. However, the Chinese Embassy in Washington labels the law as a clear move of commercial looting. Likewise, TikTok CEO Shou Zi Chew reveals that the company will move to the Supreme Court to challenge this decision.

#5. Contract

A contract is a legal document between two or more entities. It’s like a promise that is enforceable by law. It describes the duties, rights, and prospects of everyone involved. Contracts are crucial for many aspects of our lives, from purchasing a car to securing a job. Common examples include leases, employment contracts, and purchase agreements. 

Cornell Law School discloses a valid contract should contain certain elements. These typically include an offer, approval, consideration (value should be involved), and an intent to establish a lawful relationship. Contracts can be penned, verbal, or even implied. 

A contract breach occurs when one entity fails to fulfill its responsibilities. This can lead to legal consequences, such as having to pay damages. Understanding these basics can help avoid misunderstandings and protect your rights when entering agreements.

Commonly Asked Questions

Q1. What is the difference between a court case and a lawsuit?

Think of it this way: a lawsuit is like filing a complaint. It’s the first step in bringing a legal dispute to court. A court case is the broader term for the entire legal process, from the initial lawsuit filing to the final judgment.

Q2. What does “burden of proof” mean in a legal context?

Simply put, the “burden of proof” refers to someone who has to prove their case. In a criminal trial, the prosecution should prove the arrestee’s crime. Likewise, in a civil case, the plaintiff (the person bringing the lawsuit) usually has the burden of proof.

Q3. Can I represent myself in court, or do I need a lawyer?

You have the right to represent yourself in court, which is called “pro se” representation. However, legal cases can be complex. Hence, it’s advisable to have a lawyer who understands the law and court procedures to represent you.

These legal terms often appear in daily life. Familiarizing yourself with them can simplify complex legal concepts and improve your confidence in understanding everyday situations. These terms are useful in legal settings, understanding news stories, workplace agreements, and countless other scenarios.

By learning these terms, you’re taking an important step towards becoming more informed and prepared in your personal and professional life. To build more confidence in your English, keep learning and expanding your legal vocabulary.