Glossary Of Basic Legal Terms

Damages: money paid to someone who has suffered injury or loss as a result of an action by a third party

Debtor: someone who owes money to a creditor

Decision: the verdict of a court in a case

Deed : a written legal document describing a piece of property and setting out the boundaries of that property

Default: is the failure to do something required of you under contract – an obligation. Ordinarily the obligation is to pay money, which is you do not pay, would mean you are in default of the contract

Defendant is the person who has charges to answer (criminal), or is being sued (civil)

Defined Benefit/Contribution Plan: essentially both a defined benefit plan and a defined contribution plan are forms of 401(k) retirement plans

Deposition is where a witness testifies under oath and you have pre-trial discovery to determine whether or not the deposition is in fact true

Discovery: the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case

Dismissal: the termination of a case

Double Jeopardy: is the process of being tried twice for the same crime/offence

Due Process: is a legal doctrine that a person’s trial proceeding be fair

Easement: a right given to one person to enter the property of another without having to ask permission each time – for example, the telephone/cable lines going into your home are an easement right

Encumbrance: is a claim on your property title – for example, a mortgage

Escrow: money paid into an account in the name of a third party which is then released once certain conditions have been fulfilled

Escrow Agent: the person appointed to look after the escrow account

Estate: all of the property of a deceased person

Evidence : documents, etc. that prove a claim as to facts

Executor: person named in a will to dispense the estate

Exempt Property: property which cannot form part of a bankruptcy lawsuit – usually work related property, such as the tools needed for work

Exhibit: document, evidence, provided to a court to support a claim

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