Market research consistently shows that complex legal language is one of the biggest barriers preventing people from accessing legal services. Legal jargon can feel intimidating, which means many people put off dealing with important legal documents or getting the advice they need.
In response, many law firms have worked to communicate in plain English and make legal concepts easier for individuals and businesses to understand. Even so, plenty of legal terms still cause confusion.
This guide explains some of the legal words people often find most confusing, helping make the language of law a little clearer and more accessible.
Abscond
Definition: This term is used when someone fails to appear in court as required. Example: A common example is when a defendant who has been released on bail does not return for a scheduled court hearing.
Affidavit
Definition: An affidavit is a sworn written statement. Additional information: Similar to spoken evidence given in court, affidavits are used in a range of legal proceedings and must usually be signed in the presence of an authorised person, such as a magistrate or solicitor.
Arbitration
Definition: Arbitration is a way of resolving disputes without going to court. Application: It is often used in commercial and employment disputes, where an independent arbitrator considers both sides and makes a decision. In some cases, that decision is legally binding.
Barrister
Definition: A barrister is a legal specialist who is typically instructed to provide expert advice or represent someone in court. Context: Barristers often work alongside solicitors, especially in more complex or higher court cases.
Claimant
Definition: A claimant is the person or organisation bringing a legal claim. Usage: In civil cases, the claimant is the party asking the court to provide a remedy, such as compensation or an order.
Conveyancing
Definition: Conveyancing is the legal process of transferring ownership of a property. Practice: It applies when buying, selling or remortgaging a property and is usually carried out by a solicitor or licensed conveyancer.
Defendant
Definition: A defendant is the person or organisation accused of a wrongdoing or against whom a legal claim is made. Context: Defendants appear in both criminal cases and civil disputes.
Disbursements
Definition: Disbursements are costs paid by a legal service provider on a client’s behalf. Example: In property transactions, this can include fees paid to local authorities for searches or property information, which are later reclaimed from the client.
Due diligence
Definition: Due diligence is the process of carefully checking facts, documents and risks before entering into an agreement or transaction. Application: It is common in business sales, investments and property transactions.
Executor
Definition: An executor is the person named in a will to deal with the estate after someone dies. Role: This can include collecting assets, paying debts and distributing the estate according to the will.
Freehold
Definition: Freehold means owning a property and the land it stands on outright, usually for an unlimited period. Context: This is different from leasehold, where ownership lasts for a fixed term.
Grant of Probate
Definition: A Grant of Probate is the legal document that gives an executor authority to deal with a deceased person’s estate. Usage: It is often needed before banks, buyers or other institutions will release or transfer assets.
Habeas Corpus
Definition: Habeas Corpus is a legal procedure that requires a detained person to be brought before a court so the legality of their detention can be assessed. Significance: It is an important safeguard against unlawful imprisonment.
Indemnity
Definition: An indemnity is a promise by one party to cover another party for certain losses or liabilities. Example: Indemnity clauses are common in contracts and insurance policies.
Injunction
Definition: An injunction is a court order requiring someone to do something or stop doing something. Context: Injunctions are often used to prevent harm, protect a person’s rights or preserve the current situation until a dispute is resolved.
Intestate
Definition: Dying intestate means dying without a valid will. Legal implications: When this happens, the law decides how the person’s estate is shared, usually between close relatives, although legal action can sometimes affect the outcome.
Jurisdiction
Definition: Jurisdiction refers to the authority of a court to hear a case and make legal decisions. Context: Jurisdiction can depend on location, the type of case and the amount involved in the dispute.
Leasehold
Definition: Leasehold means owning a property for a set number of years under a lease, rather than owning the land outright. Practice: Leaseholders may have to pay ground rent, service charges or seek permission for certain changes to the property.
Litigation
Definition: Litigation is the process of taking a dispute through the court system. Application: It can involve claims relating to contracts, property, employment, personal injury and many other areas of law.
Mediation
Definition: Mediation is a process where an independent third party helps people in dispute try to reach an agreement. Benefit: It can be quicker, less formal and less costly than going to court.
Negligence
Definition: Negligence happens when someone fails to take reasonable care and this causes harm or loss to another person. Usage: It is a common basis for personal injury and professional negligence claims.
Plaintiff
Definition: Plaintiff is an older term for the person bringing a civil case. Context: In England and Wales, the term claimant is now more commonly used, but plaintiff may still appear in older documents or in other legal systems.
Power of Attorney
Definition: A Power of Attorney is a legal document that allows someone to make decisions on another person’s behalf. Application: It is often used for financial matters, health decisions or future planning.
Prima Facie
Definition: Prima facie refers to evidence that is strong enough to prove something unless it is disproved. Usage: It is commonly used in both civil and criminal law to describe a case that appears valid on first examination.
Respondent
Definition: A respondent is the person answering an application or appeal in certain legal proceedings. Context: The term is often used in family law, tribunal claims and appeals rather than standard civil claims.
Settlement
Definition: A settlement is an agreement reached between parties to resolve a dispute without the need for a full trial. Benefit: Settlements can save time, reduce legal costs and provide more certainty than continuing to court.
Solicitor
Definition: A solicitor is a qualified legal professional who gives advice, prepares legal documents and may represent clients in some courts. Role: Solicitors are often the first point of contact when someone needs legal help.
Statutory declaration
Definition: A statutory declaration is a formal written statement declared to be true in the presence of an authorised person. Usage: It is commonly used when no other specific legal document is available to confirm facts.
Subpoena
Definition: A subpoena is a legal document that orders a person to attend court or provide documents. Usage: Ignoring a subpoena can lead to penalties or other legal consequences.
Testator
Definition: A testator is a person who has made a will. Context: The term is most often used in wills, probate and estate administration matters.
Tort
Definition: A tort is a civil wrong that causes harm or loss and can lead to legal liability. Application: Torts cover a wide range of claims, including negligence, nuisance and defamation.
Tribunal
Definition: A tribunal is a body set up to decide disputes in specific areas of law, such as employment or immigration. Context: Tribunals are usually more specialised and often less formal than courts.
Without prejudice
Definition: Without prejudice refers to communications made in a genuine attempt to settle a dispute. Effect: These discussions are generally protected from being shown to the court as evidence of admissions.
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