Guide to Legal Jargon

Legal terminology, especially common law terms, can be confusing. Our guide breaks down these terms with simple, clear definitions. Whether you're a legal professional, a student, preparing for small claims court, or writing a demand letter, this resource will help you better understand essential common law terms easily.

A mutual promise between one or more persons (or companies or organizations) in which each party has agreed to do something (or not do something). In law, a contract is sometimes called an “agreement.” While all contracts are agreements, not all agreements are contracts. The difference is that a contract is legally enforceable, while not all agreements are legally enforceable. Both agreements and contracts can be verbal or written, although it is always better to have an agreement in writing if you want it to be a legally enforceable contract that can protect you in court.

The act of requesting that a legal decision be reversed.

Money or property owned by a person or company. Examples of assets include salary/wages, properties, or money in bank accounts.

A collections method a court can order to force a defendant to pay off a judgment, through which money is seized from a defendant’s bank account and is paid to the plaintiff.

To “breach” something means to violate it. For instance, to breach a contract is to violate the contract, and to breach a law is to violate the law. So to sue someone for “breach of contract” means to sue them for violating the contract.

In contract law, an “anticipatory breach” is when a party to a contract makes it clear, either through words or actions, that it is not going to live up to its side of the bargain as required by the contract. The reason it is called “anticipatory” is that it is made in anticipation of that party’s breach; in other words, the party hasn’t breached yet, but it is making it clear that it will breach in the future (i.e., not live up to its end of the agreement in the future). (Example: Joe and Sue make a contract for Joe to loan Sue $5. Sue is supposed to pay back the loan in five days, according to the contract. But after just two days Sue gives Joe a call and says “No way am I ever gonna pay you that money back.” That is anticipatory breach. It is anticipatory because Sue wasn’t obligated to pay back the loan yet, but in anticipation of her obligation, she made it clear that she would not pay the money back.)

The legal basis for a particular right to sue (Example: “Breach of contract” is a cause of action that allows a plaintiff to sue a defendant for breaking the terms of a contract). Each Cause of Action is made of “elements”. Elements are the basic parts of the cause of action. You need evidence to prove each one.

Essentially another term for a lawsuit. Several claims can be made in one lawsuit.

The collection process involves different methods of getting money from the debtor through their assets, such as their salary/wages, properties, or money in their bank accounts These first steps are to help you get clarity on what assets the debtor has that may be available to be used for paying off the debt to you.

The document that commences a lawsuit. It states what you are suing for.

After a court issues a judgment and at any time before the judgment expires (in California, money judgments expire automatically after 10 years), the plaintiff (who is owed the judgment) and the defendant (who owes the judgment) can enter into a conditional settlement agreement establishing a payment plan themselves. Under such an agreement, the plaintiff can agree to take no action to collect on the judgment so long as the defendant makes payments on time.

Same as “changing the date of trial.”

If a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of his or her own against the plaintiff, the defendant’s claims are “counterclaims. This is a direct claim from the defending party against the party who initiated the lawsuit for concurrent claims, including being wrongfully sued.

Harm that a plaintiff has suffered due to the defendant’s unlawful action. Normally, damages are financial harm (meaning the defendant has cost the plaintiff money). (Example: You sue your neighbor for failing to pay back a $500 loan. Your damages would be the amount your neighbor was supposed to pay you minus the amount your neighbor actually did pay you. If your loan contract stated that your neighbor was supposed to repay you $500 without interest and your neighbor didn’t pay you back anything, then your damages would be $500.)

The date a company officially comes into existence. This is usually the date stamped on the formation documents by the Secretary of State. This formation date entitles the owner to legal protection from other entities who may want to sue a business and use the owner’s personal assets to settle business debts.

A debtor is a person or entity that owes money. A judgment debtor is a person against whom a judgment ordering him to pay money has been obtained and remains unpaid.

A proceeding a court can order to help someone who is owed money under a court judgment find out which court-ordered collections methods can be used if the person who owes the money fails to pay the judgment voluntarily. (Example: A plaintiff wins a judgment over an unpaid debt. The defendant refuses to voluntarily pay off the judgment amount. The plaintiff applies to the court for a debtor’s examination in order to figure out where the defendant works, so that the plaintiff can then request a wage garnishment, through which the court can order the defendant’s employer to pay the defendant’s wages to the plaintiff in order to pay off the judgment that the defendant had been refusing to pay off).

It means the defendant lost the small claims court case and owes the plaintiff money. It occurs specifically when the defendant doesn't show up to the hearing and the plaintiff proved their case.

The person who is being sued. The person who is suing is the Plaintiff.

A letter you send to the opposing party to give you your money back.

Someone who relies on someone else as their primary source of income. (Example: Children are the classic example of dependents. Until they become adults and can earn their own income, they often rely on their parents for financial support).

The lawsuit is closed/ended.

You CANNOT refile your case.

You CAN refile your case.

Materials that support your side (or your opponent’s side) of the case (Example: A signed copy of a contract is evidence that there was a contract).

A nickname companies use for themselves. Sometimes it referred to as a Doing Business As names. Many states require that these nicknames be registered with the state, county or city level governments. For example, in California every business operating under a fictitious business name or Doing Business As name in a particular county must register that fictitious business name in that county.

This is a California court form that asks comprehensive questions about someone’s financial state, such as how much the person makes, what assets they have, and what their expenses and debts are. The goal of the form is to provide a picture of whether someone can afford to pay (for instance, whether a defendant can pay off a judgment), and how they can afford to pay (i.e., with what income or assets).

An event at which the parties to a legal case appear before the judge in court. In small claims court, there is normally just one hearing – the trial in which the plaintiff and the defendant (i.e., the one suing and the one being sued) argue their sides before the judge. In cases in other courts, there are often multiple hearings, among which the trial is just the main one.

Paying an amount of money owed over time in smaller amounts. Often a Payment Plan is set up that states when each installment will be paid and for how much.

Questions that are formally submitted in writing by one party in a legal case (e.g., the plaintiff) to another party in the case (e.g., the defendant), which are required by law to be answered. (Example: A plaintiff can be allowed by the court to submit interrogatories, or written questions, to a defendant in order to learn about the defendant’s ability to pay a judgment, in order to help the plaintiff decide whether to support or oppose a judgment payment plan.)

The court's decision. Also the same as the outcome of the case.

The person who won and is now owed money.

The person who lost and now owes money.

Authority to make a legally binding decision over the parties.

The power to decide a case based on the parties involved in it (i.e., the plaintiff and defendant). The point of personal jurisdiction is to limit a court’s ability to stick its nose where it doesn’t belong and decide the fate of people who have no relation to the court’s state. One example of when a court does have personal jurisdiction, or the ability to decide a case based on the parties involved, is when both parties are residents of California and the court is located in California. An example of when a court probably would not have personal jurisdiction is when a California resident decides to sue another California resident in a Texas court over a car accident that happened in California. Note that the question of personal jurisdiction typically relates to in which state a court can decide a case, whereas the question of venue, a confusingly similar issue about a court’s authority to decide a case, relates to which county in that state a court can decide a case

The power of the court to decide a case based on what the case is about. This is the type of jurisdiction that allows small claims courts to decide cases in which the amount at stake is less than $10,000 because the amount at stake in these cases relates to the subject matter of these cases (i.e., what they are about), and small claims courts are intended to decide cases that are about relatively minor disputes

Parts of a case, or cause of action, that the plaintiff needs to prove to win (Example: In order to win a lawsuit for “Breach of Contract” (which is a cause of action), a plaintiff would need to prove certain legal elements such as 1) the existence of a contract, 2) that the plaintiff itself did what it was supposed to do under the contract, 3) that the defendant didn’t do what it was supposed to do under the contract, and 4) that the plaintiff suffered harm because the defendant didn’t do what it was supposed to do under the contract. If the plaintiff fails to prove any one of these elements, then it will lose the case for breach of contract.)

A court order, related to collections, that gives someone who is owed money or property the right to the property of the person who owes them. (Example: A plaintiff is owed a $5,000 judgment that the defendant refuses to pay. The plaintiff discovers that the defendant has a Mercedes. The plaintiff can request that the court order a lien to be placed on the defendant’s car, so that when the car is sold, the plaintiff can get the $5,000 the plaintiff is owed from the sale of the car.

An entire amount. “Lump sum” is often used to describe a type of payment. A lump sum payment is one that is made in the entire amount all at once, rather than an amount that is split up over time (like according to a payment plan).

A process in which a trained neutral mediator facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute. In some courts, mediation is asked from the parties before the hearing taking place, to give the parties a chance to reach a settlement (an agreement that both parties are happy with, without going in front of the judge). If you have settled via mediation, you should have a new agreement with the other party including terms for both parties to perform.

When you request that the court take action.

(adjective) fact-based, measurable and observable (i.e., the opposite of “subjective”)

Made up of the Plaintiff(s) and Defendant(s)

A plan to pay off a certain amount over time, in smaller chunks, as opposed to all at once in a single lump sum. The debtor and creditor can set up a payment plan directly with each other. Another type of payment plan is when the debtor request to set up a payment plan with the court. The debtor will fill out a form to request to make payments, along with their financial statement to prove that they can’t pay in whole.

In law, unlike in movies or plays, to “perform” is not necessarily a fun activity. In law, “perform” is a word that is used in reference to contracts. When someone agrees to a contract, what he or she has agreed to is to do or not do something. The reason the person has agreed to do or not do something in a contract is that the other people who have signed the contract have also agreed to do or not do something in return. When the people who have agreed to a contract do that which they have promised to do (or not do) according to the contract, then it is said that they have “performed” according to the contract. (Example: You have agreed in a contract to pay a contractor to fix your house. When you pay the contractor you have “performed” under the contract, since this is what you agreed to do in the contract. When the contractor refuses to fix your house as agreed to in the contract, then the contractor has failed to “perform” under the contract. When you later sue the contractor for breaking the contract, you are suing the contractor for not performing under the contract.)

The person who is doing the suing. The person who is being sued is the Defendant.

aka Temporary Judge. Pro Tem Judges are volunteer attorneys appointed by the Court.

A person who is registered to give the complaint and summons to the defendant and can charge for this service.

A court form that verifies that the Defendant was served.

This is a California court form that someone would need file in order to formally request from the court permission to pay off a judgment through a payment plan (as opposed to being required to pay the judgment off in a lump sum all at once). When submitting form SC-220, one would also need to submit form EJ-165, a financial statement, so that the court can properly understand that person’s financial situation and ability to pay.

This is a California court form that one would use to formally approve or oppose another party’s request for a payment plan, or to suggest a different sort of payment plan than the one that was requested.

Meet (or exceed) the requirements for the applicable standard of proof (Example: If the plaintiff has proven that there was a contract in a case for breach of contract, then the plaintiff has “satisfied” that particular element of a breach of contract cause of action).

When you sue someone, you must notify them that you are suing them. This notification process is called “service of process.”​

A contract between the parties that spells out the agreement they have come to.

A special court that is designed to allow relatively minor cases (in terms of the amounts of money at stake) to be heard and decided relatively quickly and easily without the need for attorneys (who are typically very expensive). Different states have different standards for which cases can be heard in small claims courts. In California, a person can sue for an amount of up to $10,000 in small claims court.

An unincorporated business with only one owner who pays personal income tax on profits earned. Easy to establish and dismantle, due to a lack of government involvement, making them popular with small business owners and contractors.

Amount of time you have under the law to bring your lawsuit. The amount of time depends on the type of lawsuit you have.

To file a lawsuit against a person, company, or organization that has unlawfully hurt you in some way. The goal of a lawsuit is to get a court to force that person, company, or organization to do something (for example, repay you for the financial damage they have caused you) or discontinue doing something (for example, to discontinue occupying your property), in order to right the wrong they have caused you.

To have the judgement of the court removed or erased. If you did not attend the hearing and lost the claim or counterclaim, that means you’ve received a default judgment. You cannot appeal this kind of judgment and have a new trial until you “vacate the default judgment”, that is, until you have the judgment removed or erased. You can file a Notice of Motion to Vacate Judgment. Fill the form out and file it with the small claims clerk with a filing fee.

Particular county or district in which a court case can be decided by a court with jurisdiction. (Example: If you are suing someone for $3,000, then you can choose to sue in small claims court, because small claims court has jurisdiction (or legal authority) to decide cases in which a person is suing for up to $10,000 (in California). But, you also need to determine in which county’s small claims court you can file your lawsuit. This decision – of which county to file in – relates to venue rather than jurisdiction.)

A collections method a court can order to force a defendant to pay off a judgment, through which a defendant’s wages are ordered to be paid directly to the plaintiff.

Rather than bringing a witness to court, they can write a statement to the judge. This statement should cover everything the witness would have said in the courtroom if he or she was present. It should begin with who the witness is and what qualifies them to offer testimony before they jump right into what he or she witnessed.