Legal Terminology-Castillo Garrido Romel Omar, Hurtado Huamán Katerine Ibeth, Pomacanchari Pillaca Felix Jorge, Solano Ramírez Rosse Katerin, Vivanco de La Cruz Jean Erick
Legal Terminology-Castillo Garrido Romel Omar, Hurtado Huamán Katerine Ibeth, Pomacanchari Pillaca Felix Jorge, Solano Ramírez Rosse Katerin, Vivanco de La Cruz Jean Erick
ISSUE:
Legal Terminology
COURSE:
Englis II Basic
TEACHER:
Mag. Bertha Milagros Palomino Buleje
GROUP MEMBERS:
Castillo Garrido Romel Omar
Hurtado Huamán Katerine Ibeth
Pomacanchari Pillaca Felix Jorge
Solano Ramírez Rosse Katerin
Vivanco de la Cruz Jean Erick
Andahuaylas – Perú
2024
Glossary Legal Terminology
Letter “A”
1. Answer
Answer: Responder
Definition: The formal written statement by a defendant in a civil case that responds to a
complaint, articulating the grounds for defense.
Example: After considering the question carefully, she finally provided her answer.
2. Appeal
Appeal: Apelar
Definition: A request made after a trial by a party that has lost on one or more issues that a
higher court review the decision to determine if it was correct. To make such a request is "to
appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the
"appellee."
Example: The lawyer made a compelling appeal to the jury, urging them to consider the
evidence carefully before reaching a verdict.
3. Arraignment
Arraignment: Acusación
Definition: A proceeding in which a criminal defendant is brought into court, told of the charges
in an indictment or information, and asked to plead guilty or not guilty.
Example: At the arraignment, the defendant entered a plea of not guilty to the charges.
4. Assets
Assets: Activos
Definition: Property of all kinds, including real and personal, tangible and intangible.
Example: The company's assets include real estate properties, stocks, bonds, and intellectual
property.
5. Assume
Assume: Asumir
Example: Let's assume that the project will be completed by the end of the month, and plan
accordingly.
Letter “B”
1. Bail
Bail: Finanza
Definition: The release, prior to trial, of a person accused of a crime, under specified conditions
designed to assure that person's appearance in court when required. Also, can refer to the amount
of bond money posted as a financial condition of pretrial release.
Example: After being arrested, he posted bail and was released from jail pending his trial.
2. Bankruptcy
Bankruptcy: Bancarrota
Definition: A legal procedure for dealing with debt problems of individuals and businesses;
specifically, a case filed under one of the chapters of title 11 of the United States Code (the
Bankruptcy Code).
Example: After years of struggling with debt, the company finally declared bankruptcy, leading
to the closure of several of its branches.
3. Bench trial
Bench trial: Juicio sin jurado
Definition: A trial without a jury, in which the judge serves as the fact-finder.
Example: In a bench trial, the judge alone decides the case without a jury present.
4. Brief
Brief: Breve
Definition: A written statement submitted in a trial or appellate proceeding that explains one
side's legal and factual arguments.
Example: The lawyer prepared a brief outlining the key arguments for the upcoming court case.
5. Burden of proof
Burden of proof: Carga de la prueba
Definition: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden
of proving his or her case. In criminal cases, the government has the burden of proving the
defendant's guilt. (See standard of proof.)
Example: In a bench trial, the judge alone decides the case without a jury present.
Letter “C”
1. Capital offense
Capital offense: Delito capital
2. Case law
Case law: Caso de Ley
Definition: The law as established in previous court decisions. A synonym for legal precedent.
Akin to common law, which springs from tradition and judicial decisions.
Example: Studying case law is essential for understanding how legal principles are applied in
real-world situations
3. Caseload
Caseload: Número de casos
Example: The lawyer was overwhelmed by her heavy caseload, consisting of numerous clients
and ongoing legal matters
4. Chapter 11
Chapter 11: Capítulo 11
Example: The company filed for Chapter 11 bankruptcy protection in order to restructure its
debts and financial obligations.
5. Chief judge
Chief judge: Juez principal
Definition: The judge who has primary responsibility for the administration of a court; chief
judges are determined by seniority
Example: The chief judge presided over the high-profile trial, ensuring that proceedings were
conducted fairly and in accordance with the law.
Letter “D”
1. Damages
Damages: Daños y perjuicios
Definition: Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.
Damages may be compensatory (for loss or injury) or punitive (to punish and deter future
misconduct).
Example: The plaintiff sought damages for the losses incurred due to the defendant's negligence
in the workplace accident.
2. Declaratory judgment
Declaratory judgment: declaración jurada
Definition: A judge's statement about someone's rights. For example, a plaintiff may seek a
declaratory judgment that a particular statute, as written, violates some constitutional right.
Example: The company sought a declaratory judgment from the court to clarify its rights and
responsibilities regarding the disputed contract with its former business partner.
3. Defendant
Defendant: Acusado
Definition: In a civil case, the person or organization against whom the plaintiff brings suit; in a
criminal case, the person accused of the crime.
Example: The defendant pleaded not guilty to the charges brought against him in the criminal
trial.
4. Discharge
Discharge: Descargar
Definition: A release of a debtor from personal liability for certain dischargeable debts. Notable
exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from
personal liability for certain debts known as dischargeable debts and prevents the creditors owed
those debts from taking any action against the debtor or the debtor's property to collect the debts.
The discharge also prohibits creditors from communicating with the debtor regarding the debt,
including through telephone calls, letters, and personal contact.
Example: After completing his military service, the soldier received an honorable discharge
from the army.
5. Docket
Docket: Legado
Definition: A log containing the complete history of each case in the form of brief chronological
entries summarizing the court proceedings.
Example: The clerk added the new case to the court's docket, scheduling it for trial next month.
Letter “E”
1. Equitable
Equitable: Equitativo
Definition: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the
courts of "law" could order the payment of damages and could afford no other remedy (see
damages). A separate court of "equity" could order someone to do something or to cease to do
something (e.g., injunction). In American jurisprudence, the federal courts have both legal and
equitable power, but the distinction is still an important one. For example, a trial by jury is
normally available in "law" cases but not in "equity" cases.
Example: The judge ruled in favor of the plaintiff, citing equitable principles to ensure fairness
in the distribution of assets during the divorce settlement.
2. Equity
Equity: Equidad
Definition: A judge's statement about someone's rights. For example, a plaintiff may seek a
declaratory judgment that a particular statute, as written, violates some constitutional right.
Example: The value of a debtor's interest in property that remains after liens and other creditors'
interests are considered.
3. Evidence
Evidence: Evidencia
Definition: Information presented in testimony or in documents that is used to persuade the fact
finder (judge or jury) to decide the case in favor of one side or the other.
Example: The prosecutor presented compelling evidence linking the suspect to the crime scene,
leading to his conviction.
4. Exclusionary rule
Exclusionary rule: Regla de exclusión
Example: The defense attorney argued that the evidence should be excluded from trial based on
the exclusionary rule, which prohibits the use of illegally obtained evidence in court.
Definition: Certain property owned by an individual debtor that the Bankruptcy Code or
applicable state law permits the debtor to keep from unsecured creditors. For example, in some
states the debtor may be able to exempt all or a portion of the equity in the debtor's primary
residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make
a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and
amount of property the debtor may exempt depends on the state the debtor lives in.
Example: The bankruptcy laws provide exemptions for certain types of property, known as
exempt property, which cannot be seized by creditors to satisfy debts.
Letter “F”
1. Face sheet filing
Face sheet filing: Archivado de hojas
Definition: A bankruptcy case filed either without schedules or with incomplete schedules
listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an
eviction or foreclosure
Example: In legal practice, the face sheet filing serves as the initial document summarizing key
details of a case, such as parties involved and case number, for efficient reference and
organization.
2. Family farmer
Family farmer: Agricultor familar
Example: Growing cocaine allows the farmer to buy his family rice, meat and other necessities.
Definition: An attorney employed by the federal courts on a full-time basis to provide legal
defense to defendants who are unable to afford counsel. The judiciary administers the federal
defender program pursuant to the Criminal Justice Ac.
Example: The Federal Public Defender provides legal representation to individuals facing
federal criminal charges who cannot afford to hire private counsel.
4. Felony
Felony: Delito grave
Example: Committing a serious crime like murder or armed robbery often results in severe
penalties in the eyes of the law.
5. File
File: Archivo
Definition: To place a paper in the official custody of the clerk of court to enter into the files or
records of a case.
Example: The attorney requested access to the archive containing the legal documents pertinent
to the case.
Letter “G”
1. Grand jury
Grand jury: Gran jurado
Definition: A body of 16-23 citizens who listen to evidence of criminal allegations, which is
presented by the prosecutors, and determine whether there is probable cause to believe an
individual committed an offense. See also indictment and U.S. attorney..
Example: The grand jury indicted the suspect after hearing testimony and reviewing evidence
presented by the prosecution.
Letter “H”
Definition: Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial
order forcing law enforcement authorities to produce a prisoner they are holding, and to justify
the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus
from state prison inmates who say their state prosecutions violated federally protected rights in
some way.
Example: The defendant's lawyer filed a petition for habeas corpus, arguing that their client's
detention without trial violated their constitutional rights.
2. Hearsay
Hearsay: Testimonio
Definition: Evidence presented by a witness who did not see or hear the incident in question but
heard about it from someone else. With some exceptions, hearsay generally is not admissible as
evidence at trial
Example: The witness provided a compelling testimony during the trial, crucial to the outcome
of the case.
3. Home confinement
Home confinement: Reclusión domiciliaria
Definition: A special condition the court imposes that requires an individual to remain at home
except for certain approved activities such as work and medical appointments. Home
confinement may include the use of electronic monitoring equipment – a transmitter attached to
the wrist or the ankle – to help ensure that the person stays at home as required.
Letter “I”
1. Impeachment
Impeachment: Juicio político
Definition: 1. The process of calling a witness's testimony into doubt. For example, if the
attorney can show that the witness may have fabricated portions of his testimony, the witness is
said to be "impeached;" 2. The constitutional process whereby the House of Representatives may
"impeach" (accuse of misconduct) high officers of the federal government, who are then tried by
the Senate.
2. In camera
In camera: A puerta cerrada, en privado
Definition: Latin, meaning in a judge's chambers. Often means outside the presence of a jury
and the public. In private.
Example: In legal proceedings, the discussion often occurs in camera to protect sensitive
information and maintain confidentiality.
3. Indictment
Indictment: Acusación
Definition: The formal charge issued by a grand jury stating that there is enough evidence that
the defendant committed the crime to justify having a trial; it is used primarily for felonies. See
also information. Sentence:
Example: The defendant was served with an indictment, formally charging them with multiple
counts of fraud and conspiracy.
4. Information
Information: Información
Example: In legal proceedings, providing accurate and comprehensive information is crucial for
ensuring fair and just outcomes.
5. Interrogatories
Interrogatories: Interrogatorios
Example: In the legal process, attorneys often use interrogatories as a formal means of obtaining
information and evidence from opposing parties during the discovery phase of litigation.
Letter “J”
1. Judge
Judge: Juez
2. Jury
Jury: Jurado
Definition: The group of persons selected to hear the evidence in a trial and render a verdict on
matters of fact. See also grand jury.
Example: The jury must not speak to the media throughout the trial
3. Judgeship
Judgeship: Juzgado
Definition: The position of judge. By statute, Congress authorizes the number of judgeships for
each district and appellate court.
4. Judgment
Judgment: Juicio
Definition: The official decision of a court finally resolving the dispute between the parties to
the lawsuit.
Example: The advocate will defend the victim during the trial
5. Jurisdiction
Jurisdiction: Jurisdicción
Definition: The legal authority of a court to hear and decide a certain type of case. It also is used
as a synonym for venue, meaning the geographic area over which the court has territorial
jurisdiction to decide cases.
Example: This court has jurisdiction over civil cases.
Letter “L”
1. Litigation
Litigation: Litigio
2. Liquidation
Liquidation: Liquidacion
Definition: The sale of a debtor's property with the proceeds to be used for the benefit of
creditors.
3. Liquidated claim
4. Lawsuit
Definition: A legal action started by a plaintiff against a defendant based on a complaint that the
defendant failed to perform a legal duty which resulted in harm to the plaintiff.
Example: The proceedings were brought into the English fórum as the claimant was resident in
England.
5. Lien
Example: The lien of the property persists until the debt is paid.
Letter “M”
1. Motion
Motion: Movimiento
Definition: A request by a litigant to a judge for a decision on an issue relating to the case.
2. Motion in Limine
Definition: A pretrial motion requesting the court to prohibit the other side from presenting, or
even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the
judge can prevent the jury from being unduly influenced.
Example: Court of Justice and Arbitration Court may be raised proprio motu and by all parties to
the litigation in limine litis.
Motion to lift the automatic stay: Moción para levantar la suspensión automática
Definition: A request by a creditor to allow the creditor to take action against the debtor or the
debtor's property that would otherwise be prohibited by the automatic stay.
4. Magistrate judge
Example: If the judge or magistrate finds that the employees or customers of a business are in
immediate danger, he can grant the.
Definition: Special condition the court imposes to require an individual to undergo evaluation
and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex
offense-specific evaluations, inpatient or outpatient counseling, and medication.
Example: The judge also may order the youth to undergo treatment if there is a substance abuse
or mental health problem.
Letter “N”
1. No asset case
Definition: A Chapter 7 case in which there are no assets available to satisfy any portion of the
creditors' unsecured claims.
Example: Interest to a large number of member states, which attended the three meetings as
observers, some of them active obsevers.
2. Nolo Contendere
Definition: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far
as the criminal sentence is concerned, but may not be considered as an admission of guilt for any
other purpose.
Example: By issuing a plea of nolo contenderé, or no contest, the defendant accepts the
punishment without formally admiting that he was guilty.
3. Nondischargeable debt
Definition: A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage,
debts for alimony or child support, certain taxes, debts for most government funded or
guaranteed educational loans or benefit overpayments, debts arising from death or personal
injury caused by driving while intoxicated or under the influence of drugs, and debts for
restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some
debts, such as debts for money or property obtained by false pretenses and debts for fraud or
defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a
creditor timely files and prevails in a nondischargeability action.
Example: Student loans, certain types of taxes, debts for fraud are a few of the debts that are non
dischargeable in bankruptcy.
4. Nonexempt assets
Example: Known as straight bankruptcy, Chapter 7 involes liquidation of all assets that are not
exempt.
Letter “O”
1. Objection to dischargeability
Objection to dischargeability: Objeción ante la descargabilidad
Definition: A trustee's or creditor's objection to the debtor being released from personal liability
for certain dischargeable debts. Common reasons include allegations that the debt to be
discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while
acting as a fiduciary.
2. Objection to exemptions
Objection to exemptions: Objeción a las exenciones
Definition: A trustee's or creditor's objection to the debtor's attempt to claim certain property as
exempt from liquidation by the trustee to creditors.
3. Opinion
Opinion: Opinión
Definition: A judge's written explanation of the decision of the court. Because a case may be
heard by three or more judges in the court of appeals, the opinion in appellate decisions can take
several forms. If all the judges completely agree on the result, one judge will write the opinion
for all. If all the judges do not agree, the formal decision will be based upon the view of the
majority, and one member of the majority will write the opinion. The judges who did not agree
with the majority may write separately in dissenting or concurring opinions to present their
views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or
the principles of law the majority used to decide the case. A concurring opinion agrees with the
decision of the majority opinion, but offers further comment or clarification or even an entirely
different reason for reaching the same result. Only the majority opinion can serve as binding
precedent in future cases. See also precedent.
Example: We are of the opinion that it is essential to develop and maintain an integrated
approach in order to effectively address
4. Oral argument
Oral argument: Alegato oral
Definition: An opportunity for lawyers to summarize their position before the court and also to
answer the judges' questions.
Example: The defense is focusing on three main issues in the oral argument.
Letter “P”
1. Panel
Panel: Panel
Definition: In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In
the jury selection process, the group of potential jurors; 3. The list of attorneys who are both
available and qualified to serve as court-appointed counsel for criminal defendants who cannot
afford their own counsel.
Example: A panel of judges tested water from 10 utilities across the state, checking for taste,
color, clarity, and smell.
2. Parole
Parole: Libertad condicional
Definition: The release of a prison inmate – granted by the U.S. Parole Commission – after the
inmate has completed part of his or her sentence in a federal prison. When the parolee is released
to the community, he or she is placed under the supervision of a U.S. probation officer.
The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing
system in which the sentence is set by sentencing guidelines. Now, without the option of parole,
the term of imprisonment the court imposes is the actual time the person spends in prison.
Example: Has this doctrine of life without parole always existed, and if not, when did it change?
3. Petition
Petition: Petición
Definition: The document that initiates the filing of a bankruptcy proceeding, setting forth basic
information regarding the debtor, including name, address, chapter under which the case is filed,
and estimated amount of assets and liabilities.
Example: In one case, the petition was filed by a person other than the person concerned.
4. Plaintiff
Plaintiff: Demandante
Definition: A person or business that files a formal complaint with the court.
Example: The plaintiff has the burden of proof to lessen the value of said event
5. Plan
Plan: Planificar
Definition: A debtor's detailed description of how the debtor proposes to pay creditors' claims
over a fixed period of time.
Letter “R”
1. Reaffirmation agreement
Example: A valid reaffirmation agreement puts the debtor under a legal obligation to repay the
otherwise dischargeable debt.
2. Record
Record: Registro
Definition: A written account of the proceedings in a case, including all pleadings, evidence, and
exhibits submitted in the course of the case.
Example: accordance with Article 6 shall keep a register or card index in which it shall record
the certificates issued, specifying
3. Redemption
Redemption: Redención
Definition: A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien
on collateral by paying the creditor the value of the property. The debtor may then retain the
property.
4. Remand
Remand: Prisión preventiva
5. Reverse
Reverse: Revocar
Definition: The act of a court setting aside the decision of a lower court. A reversal is often
accompanied by a remand to the lower court for further proceedings.
Example: The CDA is opposed to the proposal to reverse the burden of proof.
Letter “S”
1. Sanction
Sanction: Sanción
Definition: A penalty or other type of enforcement used to bring about compliance with the law
or with rules and regulations.
Example: It is well documented that children suffer the most under unregulated sanction
regimes.
2. Schedules
Schedules: Horarios
Definition: Lists submitted by the debtor along with the petition (or shortly thereafter) showing
the debtor's assets, liabilities, and other financial information. (There are official forms a debtor
must use.)
Example: Please note that keeping to schedules and avoiding further delay are pivotal
3. Sentence
Sentence: Sentencia
Example: Only human genetic data of persons found guilty of a crime by virtue of a final
judgment may be conserved.
4. Sequester
Sequester: Secuestro
Definition: To separate. Sometimes juries are sequestered from outside influences during their
deliberations.
Example: The same penalty shall apply to any person who allows a place to be used in order to
detain or sequester the other person.
5. Settlement
Settlement: Acuerdo
Definition: Parties to a lawsuit resolve their dispute without having a trial. Settlements often
involve the payment of compensation by one party in at least partial satisfaction of the other
party's claims, but usually do not include the admission of fault.
Letter “T”
Example: The judge issued a temporary restraining order to prevent any further contact between
the two parties.
2. Testimony
Testimony: Testimonio
Definition: Evidence presented orally by witnesses during trials or before grand juries.
Example: During the trial, the defendant's testimony was very convincing, leading to his
acquittal
3. Toll
Toll: Peaje
Example: The toll for using the new highway has been set at $5.
4. Tort
Tort: Agravio
Definition: A civil, not criminal, wrong. A negligent or intentional injury against a person or
property, with the exception of breach of contract.
Example: The lawyer specialized in tort law, handling cases of personal injury and negligence.
5. Transcript
Transcript: Transcripción
Definition: A written, word-for-word record of what was said, either in a proceeding such as a
trial, or during some other formal conversation, such as a hearing or oral deposition
Example: The court reporter provided a detailed transcript of the trial proceedings.
Letter “U”
1. U.S. attorney
U.S. attorney: Fiscal estadounidense
Definition: A lawyer appointed by the President in each judicial district to prosecute and defend
cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys
who appear as the government's attorneys in individual cases.
2. U.S. trustee
U.S. trustee: Fideicomisario estadounidense
Definition: An officer of the U.S. Department of Justice responsible for supervising the
administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure
statements; monitoring creditors' committees; monitoring fee applications; and performing other
statutory duties.
Example: The U.S. Trustee played a crucial role in the bankruptcy proceedings.
3. Undersecured claim
Undersecured claim: Reclamación sin garantía
Definition: A debt secured by property that is worth less than the amount of the debt.
Example: The creditor filed an undersecured claim in the bankruptcy case as the collateral was
insufficient to cover the debt.
4. Undue hardship
Undue hardship: Dificultad excesiva
Definition: The most widely used test for evaluating undue hardship in the dischargeability of a
student loan includes three conditions: (1) the debtor cannot maintain – based on current income
and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications
that the state of affairs is likely to persist for a significant portion of the repayment period; and
(3) the debtor made good faith efforts to repay the loans.
Example: The student loan borrower claimed undue hardship in an attempt to have the debt
discharged.
5. Unlawful detainer action
Unlawful detainer action: Acción de retención ilegal
Definition: A lawsuit brought by a landlord against a tenant to evict the tenant from rental
property – usually for nonpayment of rent.
Example: The landlord initiated an unlawful detainer action to evict the tenant who had not paid
rent for several months.
Letter “V”
1. Venue
Venue: Evento
Definition: The geographic area in which a court has jurisdiction. A change of venue is a change
or transfer of a case from one judicial district to another.
Example: The venue of the trial was moved to ensure a fair and impartial jury.
2. Verdict
Verdict: Veredicto
Definition: The decision of a trial jury or a judge that determines the guilt or innocence of a
criminal defendant, or that determines the final outcome of a civil case.
Example: The jury's verdict was not guilty, much to the surprise of those in the courtroom.
3. Voir dire
Voir dire: Ver terrible
Example: During the voir dire, the defense attorney questioned potential jurors about their
ability to remain unbiased.
4. Voluntary transfer
Voluntary transfer: Transferencia voluntaria
Letter “W”
1. Wage garnishment
Wage garnishment: Embargo de salario
Example: Due to unpaid taxes, the government initiated a wage garnishment against the
employee.
2. Warrant
Warrant: Orden
Definition: Court authorization, most often for law enforcement officers, to conduct a search or
make an arrest.
3. Witness
Witness: Testigo
Definition: A person called upon by either side in a lawsuit to give testimony before the court or
jury.
Example: The witness provided crucial evidence that helped solve the case.
4. Writ
Writ: Escritura
Definition: A written court order directing a person to take, or refrain from taking, a certain act.
Example: The court issued a writ ordering the individual to appear in court.
5. Writ of certiorari
Writ of certiorari: Auto de certiorari
Definition: An order issued by the U.S. Supreme Court directing the lower court to transmit
records for a case which it will hear on appeal.
Example: The Supreme Court granted a writ of certiorari, agreeing to review the lower court's
decision.