Legal terms can sometimes be difficult to grasp since not everyone has the luxury of being a legal professional. Learning some of these terms can assist a person in comprehending information concerning a specific court case or legal paper. This guide with the help of Law Office of Delventhal will decode certain typical legal terms using simple terminologies.
Main Concept Of “Amicus Curiae”
“Amicus curiae” is a Latin term. It stands for “friend of the court.” This term refers to a person who is mainly not a party to the case. However, this person wishes to assist the court in some manner. You can imagine it as a friend trying to assist the court in making the right decision. For instance, parties to a case may wish to give their views, hoping the judge will view it from different angles.
Main Concept Of “Collateral Estoppel”
“Collateral estoppel” will bar one or the other from presenting an argument of a case to another court when it has already been decided on before. Suppose you and your neighbor have a problem with the demarcation of the property, and the court rules that the tree is your property. Your neighbor cannot go to another court after some time to attempt to reverse that decision. This rule makes a lot of sense, as it enables players to stay honest while also preventing unnecessary time wasting.
Main Concept Of “Concurring Opinion”
A “dissenter opinion” is written by a judge who approves the decision of most of the judges but for a different cause. This opinion can add further thoughts or clarification of the case. You see, two people may experience something the same but for different reasons; it is like two people agreeing that a team has won a game, but each has different reasons for winning. These opinions help explain more why a particular court decided in the manner it did.
Main Concept Of “Declaratory Judgment”
A declaratory judgment refers to a court’s judgment expressing and determining the rights of the parties in the controversy. It does not instruct anyone on what to do or hand out any money; it only informs the viewer of the law. This can assist people in learning about some of their legal rights and responsibilities before proceeding.
Main Concept Of “De novo Review”
“De novo review” means a higher court repeatedly looks at a lower court’s decision. It does not care what the first court decided. It’s like a teacher checking a test again to ensure it was graded correctly. If the higher court thinks the first court made a mistake, it can decide differently. Lawyers must be ready to argue the whole case again in these situations.
Main Concept Of “Jurisdiction”
“Jurisdiction” is about a court’s power to hear a case. Not every court can hear every case. The court must have authority based on where the people are or what the case is about. Once you know about jurisdiction, it helps find the right court to start a case. For example, suppose a car accident happens in New York. Then, the case usually goes to a New York court, not a California one.
Conclusion
Knowing legal words helps make the law less confusing. When you know what these terms mean, you can better understand what happens in court. Remember, the law uses big words, but it’s about fairness and justice. If you want to learn more about legal terms, places like Continuing Education of the Bar (CEB) have easy tools and guides to help you understand.
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