Legal terminology (legalese) is the specialized language used in legal documents and court proceedings, featuring Latin phrases, archaic English, and precise technical terms. Mastering this vocabulary is essential for paralegals to draft documents accurately, conduct legal research, and communicate effectively with attorneys and courts. This guide covers 30 fundamental terms you’ll encounter daily in paralegal work, organized by category for easier learning.
Called the language of legal documents, legalese is a big part of the legal field and will be a big part of your job as a paralegal. Precise, formal language peppered with unusual and even archaic words has made the legalese used for even basic legal terms frustrating and largely unintelligible to the average person. But legal jargon has been part of the legal world for hundreds of years, so one thing is for sure: it’s not going anywhere.
There’s long been a push for more precise language and more accessible legal terms in legal documents. During the Nixon administration, early 1970s executive branch reforms promoted more explicit language in federal regulations, and President Obama signed the Plain Writing Act in 2010 to “promote clear communication that the public can understand and use.”
But don’t expect legal jargon to fall by the wayside anytime soon.
Legalese and the obscure law terms used in it date back some four hundred years, to the Anglo-Saxon laws, when terms like deem, oath, and writ took hold. Legal terms are influenced by Latin, French, and English languages (most lawyers were fluent in all three, and each language was used in different domains), making them even more challenging to understand. For example, you can still see French influences in the legal field, such as the addition of an “e” to the term squire, which became esquire.
Most lawyers will tell you that legal jargon and archaic legal terms are essential to safeguard legal documents from misinterpretation. Legal terms can only mean one thing, so there’s little chance of misconstruing a document. Legalese actually provides predictability and consistency in the field, which is particularly important when comparing old case law to new.
While you may find some current legal terms being used in place of archaic ones (witness summons often replaces subpoena, and claimant for plaintiff, for example), do yourself a favor and get to know legal terms and their meanings. They’re sure to play a starring role in your everyday life as a paralegal.
Why Legal Terminology Matters for Paralegals
Whether you’re just starting a new job or if you’ve been serving a law firm loyally for years, it seems like there’s always new legal jargon to learn. Those mysterious words will play a big part in your career as a paralegal, so it’s essential to get familiar with basic legal terms (often called “terms of art”) and common legal phrases (usually referred to as “specialized terminology”).
Understanding legal terminology isn’t just about sounding professional. It’s about precision. In the legal field, using the wrong term can alter a document’s meaning entirely. A misplaced word in a contract or legal brief can have serious consequences for your client. That’s why attorneys rely on paralegals who understand the nuances of legal language and can draft documents that hold up in court.
We’ve listed the top 30 legal terms and phrases we think every paralegal should know, whether you’re getting your bearings in a paralegal internship, prepping for job interviews, or a seasoned pro looking to test yourself to see if you know all these essential law terms by heart.
Latin Legal Terms
Latin phrases form the backbone of legal terminology. Many of these terms have been used for centuries and remain standard in modern legal practice. While some firms are moving toward plain language, you’ll still encounter these Latin terms regularly in legal documents, court proceedings, and case law.
| Term | Pronunciation | Literal Meaning |
|---|---|---|
| Ad damnum | ad DAM-num | “To the damage” |
| Ad hoc | ad HOCK | “For this purpose” |
| Ad litem | ad LY-tem | “For the lawsuit” |
| Ex parte | eks PAR-tay | “From one side” |
| In forma pauperis | in FOR-ma PAW-per-is | “In the form of a pauper” |
| In limine | in LIM-in-ay | “At the threshold” |
| Mens rea | menz RAY-ah | “Guilty mind” |
| Nolo contendere | NO-lo con-TEN-der-ay | “I do not wish to contend” |
| Prima facie | PRY-ma FAY-shee | “At first appearance” |
| Res judicata | rays joo-di-KAH-ta | “A matter judged” |
| Stare decisis | STAHR-ay deh-SY-sis (or STEHR-ee deh-SY-sis) | “To stand by things decided” |
Definitions and Usage
Ad damnum (also called the wherefore clause): A commonly used clause in tort law that details a maximum amount of money that a plaintiff can collect if the defendant fails to appear in court. You’ll encounter this when drafting complaints in personal injury cases.
Ad hoc: Refers to a solution created for a specific purpose or something done for a particular situation. For example, an ad hoc committee may be formed solely to address a particular issue. You might draft a motion requesting an ad hoc hearing for urgent matters.
Ad litem: Generally refers to the appointment of a person by the court to represent a specific party. For example, an attorney ad litem may represent a child’s interest in a divorce or child abuse case, or a guardian ad litem may be appointed to protect the interests of a minor or incapacitated person.
Ex parte hearing: Hearings, motions, or orders where only one party is present. Ex parte hearings are often reserved for urgent matters where one party may be subject to irreparable harm if notice is given to the other party. Temporary restraining order hearings are usually conducted ex parte.
In forma pauperis: Allows a plaintiff to sue without incurring court costs. Indigent persons may be granted court permission to initiate legal action without paying court fees due to a lack of financial resources. You’ll prepare these applications when your firm represents low-income clients.
In limine: A motion brought up at a pretrial hearing regarding the admissibility of evidence. It’s usually used to request the exclusion of particular testimony or evidence before trial begins, preventing the jury from hearing potentially prejudicial information.
Mens rea: This common legal term describes the criminal intent of an individual when committing a criminal act. If someone is proven to have mens rea, then they had awareness of their own criminal actions. This element must be established in most criminal prosecutions.
Nolo contendere: A no-contest plea where a defendant won’t contest the charges but admits no guilt. A nolo contendere plea means accepting a conviction as though a guilty plea had been entered, without admitting guilt, which can be important in related civil cases.
Prima facie: Refers to what is presumed after the first disclosure. “Prima facie case” is therefore used to describe a case that appears to be proven by viewing the facts alone, without requiring additional evidence to support the claim.
Res judicata: A doctrine meaning that a case that has been judged on its merits will not be relitigated. It prevents a party from relitigating a matter that has already been decided, thereby ensuring the finality of judgments and preventing endless litigation.
Stare decisis: Refers to earlier cases as sources of law. When a court has already ruled on an issue, other courts at the same level or lower must follow that precedent. This doctrine provides consistency and predictability in the legal system.
Court and Procedural Terms
These terms relate to court procedures, hearings, and legal processes. You’ll use these regularly when preparing court documents, scheduling hearings, and managing case proceedings.
Adjective law: Also known as procedural law, it is the area of law that governs procedural rules of evidence, pleadings, and practice. It’s the part of the law that provides a method for enforcing or maintaining rights, or for enforcing substantive law.
Alternate writ: A court’s demand that a person appear and explain something. Often used when requiring a person to appear to explain an absence from a previous hearing or to show cause why they should not comply with a court order.
Colloquy: A private discussion between the lawyers and the judge. In criminal courts, colloquy may also refer to an investigation to ensure that a defendant’s plea was given purposely, voluntarily, and intelligently, and that the defendant understands their rights before entering into a guilty plea.
Demurrer: A formal request for a dismissal to a complaint filed in a lawsuit, essentially saying there’s no legal basis for a lawsuit. If a judge grants the demurrer, the claimant has an opportunity to amend the complaint. For example, a lawsuit naming the wrong party as the defendant may require the attorney to file a demurrer asking the court to dismiss the action.
Full faith and credit: A doctrine that means one state must honor the laws and judgments of another state. Every state must recognize another state’s public records, judicial proceedings, and legislative acts. This is why a judgment from California must be identified in New York.
Laches: A doctrine that dictates that a person’s legal right may be denied if they take too long to seek legal action. In other words, an unreasonable delay by a person seeking a legal right or claim (usually in civil court) can prevent enforcement. This is an equitable defense based on fairness.
Provisional remedy: A temporary court order that protects someone from incurring any more damage while further legal action is pending. A temporary restraining order is a good example of a provisional remedy, as is a preliminary injunction.
Voir dire: The questioning of prospective jurors to determine their fitness to sit for a case. It may also be used to describe the process of questioning potential witnesses to determine if their testimony will be appropriate or relevant to the case at hand.
Damages and Judgment Terms
Understanding different types of damages and judgments is crucial when working on civil litigation cases. These terms appear frequently in complaints, settlement negotiations, and court orders.
Additur: When a judge adds an amount above what a jury has awarded. The party that must pay may choose to pay the increased award or to undergo a new trial. An additur isn’t used just because a judge thinks a verdict amount is too low. It’s used only when the jury verdict is grossly inadequate and constitutes a miscarriage of justice. Note that while some state courts allow additur, it is not permitted in federal courts under the Seventh Amendment.
Adverse judgment: A final judgment in favor of the defendant. This represents a complete loss for the plaintiff and ends the case unless an appeal is filed. You’ll see this term in case law research when reviewing unfavorable outcomes.
Compensatory damages: Damages recovered for actual monetary loss. Compensatory damages include doctors’ bills, lost wages, hospital stays, property damage, and other quantifiable losses. These are designed to make the plaintiff “whole” again.
Declaratory judgment: Occurs when a judge determines specific rights or obligations of either party without awarding damages or granting relief. It resolves any legal uncertainties for the litigants, clarifying their rights under a contract or statute without requiring further action.
Punitive damages: Monetary awards explicitly designed to set an example or punish. The judge may award punitive damages to a plaintiff if they deem the defendant’s conduct particularly egregious. Punitive damages are most often awarded in civil cases and are separate from compensatory damages.
Criminal and Tort Law Terms
If you work in criminal defense, prosecution, or personal injury law, you’ll encounter these terms regularly. They define key concepts in criminal liability and civil wrongs.
Assumpsit: Refers to an implied promise in a contract. This common law action was historically used to recover damages for breach of contract when no formal written agreement existed. While largely obsolete in modern practice (having been replaced by more contemporary contract law remedies), assumpsit remains relevant when studying legal history and may occasionally appear in case law research.
Malfeasance: Anything done illegally or immorally. Any abuse of authority or dishonesty would fall under this term. This is particularly relevant in cases involving public officials or professionals who violate their duties.
Nolle prosequi: A Latin phrase meaning “will not prosecute.” It’s an entry of record detailing that a prosecutor has decided not to prosecute or a plaintiff has agreed not to move forward with a lawsuit. This dismisses charges without prejudice, meaning they can potentially be refiled.
Tort: From the French word for “wrong,” a tort is a civil wrong (battery, assault, fraud, negligence, defamation) that injures someone else, regardless of whether it’s intentional or accidental. Tort law allows injured parties to seek compensation for harm caused by another’s actions.
Wobbler: Crimes that may be classified as either felonies or misdemeanors are frequently referred to as wobblers. In wobbler cases, a prosecutor may seek a felony charge while the defense seeks to reduce the crime to a misdemeanor. The ultimate classification depends on factors like criminal history and case circumstances.
Legal Concepts and Doctrines
These broader legal concepts and doctrines shape how cases are analyzed and decided. Understanding these terms helps you think like a legal professional.
All fours: Used to describe two significantly similar cases. When a client’s case is on all fours with a prior case found through research, the facts and legal issues are nearly identical. The previous case, therefore, sets the legal precedent for the current case, making it a highly persuasive authority.
Frequently Asked Questions
Why is legal jargon still used today if it’s so hard to understand?
Legal jargon persists because it provides precision and consistency. Each legal term has a specific, well-established meaning that prevents misinterpretation. While plain language movements continue, legal terminology ensures that documents hold up in court across jurisdictions and time periods. Courts rely on precedent, and using established legal terms helps maintain that consistency. Additionally, many Latin terms don’t have perfect English equivalents that capture the same legal nuance.
How can I memorize legal terms faster as a new paralegal?
Start by focusing on the Latin terms you’ll encounter most frequently in your practice area. Create flashcards with the term on one side and the definition plus a usage example on the other. Learn terms in context by reading actual legal documents and case briefs. Many paralegals find that understanding the literal Latin translation helps with retention—practice using terms in sentences when you draft documents. Additionally, group related terms together (like all the terms associated with pleadings or all the damages terms) to learn them as a category.
Do I need to know Latin to be a successful paralegal?
No, you don’t need to study Latin formally to succeed as a paralegal. However, you do need to memorize common Latin legal phrases and understand their meanings. Most paralegal programs cover essential Latin terms, and you’ll pick up more through on-the-job experience. Understanding the literal Latin translation can help you remember the legal meaning, but you won’t need to translate Latin texts or construct Latin sentences. Focus on learning the specific Latin terms used in your practice area.
Which legal terms should I learn first as a paralegal student?
Start with the most commonly used procedural terms: ex parte, in limine, prima facie, and voir dire. Then learn the basic tort and contract terms, such as tort, damages, and breach—master terms related to court procedure, like demurrer and motion. The priority depends on your intended practice area, but terms related to pleadings, discovery, and court proceedings are universal. Focus on terms that appear in every case file, regardless of practice area, before specializing in niche terminology.
Are legal terms the same in every state?
Most fundamental legal terms are consistent across all states, especially Latin terms and basic legal concepts. However, some procedural terms and document names vary by state. For example, some states use “complaint” while others use “petition.” Court structure terms differ too: what one state calls “Supreme Court” might be the lowest court, while another state uses it for the highest court. When you start working in a specific state, take time to learn any state-specific terminology variations. Federal courts use largely standardized terminology nationwide.
How do I pronounce Latin legal terms correctly?
Legal Latin pronunciation follows general Latin pronunciation rules, though American legal pronunciation sometimes differs from classical Latin. Refer to the pronunciation guide in this article for the most common terms. When in doubt, listen to how experienced attorneys in your office pronounce terms and follow their lead. Legal pronunciation can vary regionally, so what matters most is being understood by colleagues and courts in your jurisdiction. Many online legal dictionaries include audio pronunciations that can help you learn correct pronunciation.
Will certification exams test me on legal terminology?
Yes, both the NALA Certified Paralegal exam and the NFPA PACE exam include questions that test your knowledge of legal terminology. The exams assume you understand common Latin phrases and can identify proper usage of legal terms in context. You won’t just need to memorize definitions; you’ll need to recognize how terms apply in real legal scenarios. Review these terms as part of your exam preparation, particularly terms related to civil procedure, contracts, and torts, since those areas are heavily tested.
Key Takeaways
- Legal terminology provides precision and consistency in legal documents, preventing misinterpretation that could harm your clients’ interests.
- Latin phrases form the foundation of legal language, with many terms dating back centuries and remaining standard in modern practice.
- Court and procedural terms are essential for managing cases, preparing filings, and understanding court order,s regardless of your practice area.
- Understanding damages terminology is crucial for evaluating cases, negotiating settlements, and drafting complaints in civil litigation matters.
- Learning legal terms in categories (Latin terms, court procedures, damages, criminal law) makes memorization more manageable than tackling them randomly.
- Context matters: use legal documents, case briefs, and on-the-job experience to understand how terms apply in real situations, not just definitions.
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