How to Understand Basic Legal Terms
Like other specialized fields of study, the legal field has its own jargon. If you are ever involved in a legal action, it is crucial to know the lingo, whether you're the plaintiff or the defendant. If you're involved in a divorce, you want to sue your landlord or you're just trying to follow another episode of "Law and Order," it's helpful to understand basic legal terms.
Instructions
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Know the parties involved. Someone who brings an action is a "plaintiff," while the person the action is brought against is the "defendant." If you sue your landlord for breach of contract, you are the plaintiff. If your husband sues you for divorce, you are the defendant.
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Take it to the right court. Before bringing an action, you must know the "jurisdiction," or which court has authority over the matter. If you want to sue your landlord and you live in a village, bring your action to the village court. If you want to sue your wife for divorce, you go to family court, which is usually at the county level. If you're accused of committing crimes in multiple states, you'll be brought into federal court.
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Be on time. The "statute of limitations" dictates the amount of time from the incident that you have to bring an action. If you were in a car accident and want to sue the other driver for personal injuries, for example, you must bring your claim within 2 years of the date of the accident. The statute of limitations varies by state, and some crimes have no statute of limitations.
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Discover the facts. The period of "discovery" is when the plaintiff's and defendant's attorneys share the facts and evidence of the case. This is done through an exchange of documents in which each side asks the other questions and responds to questions about the case. Attorneys may request supporting documents like phone records or medical reports, and "depositions" are taken. A deposition is a statement made under oath and can be taken from witnesses or experts.
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Respond when summoned by the court. If you receive a "subpoena," you must appear in court at a designated time. Subpoenas are sent to any witnesses the attorneys think may have information helpful to a case.
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