Legal Terminology & Foundational Concepts

Legal terminology is a specialized language used by lawyers, judges, and other legal professionals. It's precise and often rooted in Latin. Understanding this terminology is crucial for reading legal documents, communicating with legal professionals, and performing tasks as a litigation paralegal. This section covers basic terms, which we will continue to build upon during the following lessons.

• Plaintiff: The person or entity bringing a lawsuit. (e.g., John Doe, the plaintiff, filed a lawsuit against the defendant.)
• Defendant: The person or entity being sued. (e.g., Jane Smith, the defendant, was accused of negligence.)
• Complaint: The initial document filed in court that states the plaintiff's claim against the defendant. (e.g., The plaintiff filed a complaint alleging breach of contract.)
• Answer: The defendant's response to the complaint. (e.g., The defendant filed an answer denying the allegations in the complaint.)
• Discovery: The process of gathering information relevant to a case, including interrogatories, depositions, and document requests. (e.g., During the discovery phase, the lawyer requested all of the defendant's emails.)
• Motion: A formal request made to the court. (e.g., The lawyer filed a motion to dismiss the case.)
• Judgment: The final decision of the court in a case. (e.g., The court entered a judgment in favor of the plaintiff.)

Certain phrases are frequently used in legal writing and communication. Familiarizing yourself with these phrases will significantly enhance your understanding of legal documents.

• Prima Facie: Latin for "on the face of it" or "at first sight." It means that a particular piece of evidence is sufficient to prove a fact unless disproven. (e.g., The evidence presented provided a prima facie case of negligence.)
• Res Judicata: Latin for "a matter decided." It refers to the principle that a claim cannot be relitigated once it has been decided by a court. (e.g., Because of res judicata, the plaintiff could not sue the defendant again for the same incident.)
• Hearsay: An out-of-court statement offered in court to prove the truth of the matter asserted. Generally, hearsay is not admissible as evidence. (e.g., The witness's testimony about what she heard from a friend was considered hearsay.)
• Due Process: The legal requirement that the state must respect all legal rights that are owed to a person. (e.g., The defendant argued that his due process rights had been violated.)
• Statute of Limitations: A law that sets a deadline for bringing a lawsuit. After the deadline, the right to sue is lost. (e.g., The lawsuit was dismissed because it was filed after the statute of limitations had expired.)

Understanding the different types of legal documents is critical for a paralegal. Each document serves a specific purpose.

• Pleadings: Documents exchanged between the parties in a lawsuit that define the issues to be decided. Examples include the complaint, answer, and counterclaim.
• Motions: Formal requests made to the court, seeking a specific order or ruling. (e.g., Motion to Dismiss, Motion for Summary Judgment).
• Discovery Documents: Documents used to gather information during the discovery phase, such as interrogatories, depositions, and requests for production of documents.
• Memorandum of Law (Memo): A document that states the legal arguments and research in support of a motion or other legal matter. Often a form of persuasive writing.
• Briefs: Similar to a Memo but is often submitted directly to a Court, and are also a form of persuasive writing. A well-constructed brief is essential to the success of a case.