Basic Law School Terms Every Student Should Know
Legal jargon can sound like a completely different language when you first start law school — and sometimes it’s because it is! A lot of the laws and statutes that still apply today were originally written in Latin because they were a part of ancient Roman law. This is why a lot of the terms still used are Latin phrases.
Sometimes even 1L law teachers and lawyers are so familiar with these legal terms that they forget they’re leaving newbies in the dark.
If you’re about to start (or have just started) law school and are feeling anxious about learning all the new words and phrases, here’s a list of 35 common legal terms to help you get going on the right foot.
(Also, we highly recommend keeping a copy of Black’s Law Dictionary close by at all times.)
Abate: To lessen or reduce the intensity (usually referring to something that is hostile or negative in nature).
Abrogate: To repeal or get rid of (in regards to a law or agreement).
Actus Reus: In Latin means “guilty act.” This phrase refers to the wrongful act that makes up the physical element of a crime.
Ad hoc: In Latin means “for this purpose only.” For example, sometimes an ad hoc lawyer or a committee will be used for one specific piece of a case that they specialize in.
ADR: This abbreviation stands for “alternative dispute resolution.” An ADR is a way of handling a case without going through a formal trial. Two of the most common types of ADRs are mediation and arbitration.
Affidavit: In Latin means “he has made an oath.” An affidavit is a written statement given under oath (or in the presence of a notary) that is used in court or a legal proceeding.
Affirmative defense: This is a term used for the proof that a defendant can give to validate their otherwise criminal charge or civil liability. If the affirmative defense is proven to be fact, the criminal or civil charge may be dropped and the defendant would not face any legal consequences for their actions.
Amicus curiae: In Latin means “friend of the court.” This person may be brought in to add to or present an argument in a case (something of interest that’s not being addressed), but they are not part of the litigation.
Appellant: This is the name of a person who may have lost their case in court and wants to take it to a higher court for appeal (in hopes of reversing the verdict).
Appellee: The person who an appellant is appealing against. This person would be fighting to keep the original verdict the same because it went in their favor.
Bluebook: This book, published by Harvard Law Review, lays out the rules for annotating and citing legal materials. Law students and lawyers both refer to it for assignments and legal documents, so make sure you have a copy.
Certiorari: In Latin means “to be informed of.” This is the term given when an appeal is being made from a lower court to a higher court and the higher court is seeking a review of the case. The words certiorari and appeal are sometimes used interchangeably.
CFR: This is the abbreviation for “Code of Federal Regulations.” The CFR is the codification of current regulations and rules put out by various federal government agencies.
Code: Laws and statutes are put together in a chronological and systematic way called a code in an attempt to keep everything organized.
Damages: Anything a person can gain compensation for — these can be physical damages, like property or bodily injuries, or things like pain and suffering or lost wages — that are a result of negligence or wrongdoing.
Defendant: The defendant is the party who has been charged with a criminal act or sued for a civil action and has to defend their actions in court.
Demurrer: A request for dismissal or objection to a fact that is brought up in a case trial that may be true but isn’t relevant to the case itself.
Dicta: A court’s opinions or questions that aren’t necessarily addressed in the case, but that are brought into account because of that particular person’s authority.
Dissent: To disagree with the majority opinion. This word is particularly used in cases when a judge disagrees with other judges or people in the court.
Ex parte: In Latin means “for one party.” This type of hearing or order is an exception to the rule that both parties of a case must be notified and present in a case before a judge. Instead, only one party is present. An ex parte is usually for more temporary and emergent issues like temporary custody of a child or a restraining order.
Habeas corpus: In Latin means “you have the body.” Habeas corpus is a court order (or writ) for the law officer or sheriff who has custody of a prisoner to come before a judge and discuss whether or not a prisoner is being held against the law.
Injunction: A court order to halt something a particular person or company is doing until they appear in court.
Interlocutory: This term is used for a temporary order or sentence that is sometimes given until a permanent decision can be made on an issue.
IRAC: This acronym stands for “Issue Rule Analysis Conclusion.” This is a popular system used to write legal documents and helpful to remember for law school papers.
Judgment: The final decision of a judge or jury about a particular case.
Motion: A formal request for a judge to make a decision or answer a question regarding a specific case.
Order: An order is an official request made by a judge or court for something or someone to either stop a certain action or begin/continue a certain action, but it is not the final judgment.
Plaintiff: The person or party that brings a lawsuit or claim against another person or party (the defendant).
Precedent: Helps as a guide in similar cases to follow the same steps or actions. In order to be an official precedent, it is usually a published opinion.
Prosecutor: A lawyer who presents the case and legal charges against a defendant who committed a criminal offense.
Quid pro quo: In Latin means “something for something” or “what for what.” This phrase can carry a couple of different meanings depending on the circumstances.
SCOTUS: An acronym for the Supreme Court of the United States. This is commonly used among lawyers and politicians because it’s so much shorter to say.
Statute: A law that is written and passed by the legislature, either federal or state.
Tort: A wrongful act that leads to civil liability.
USC: An acronym for the United States Code, which is the systematic collection of federal laws and statutes.
There’s a big learning curve when you start law school, so don’t get too overwhelmed if you don’t know everything going in. You’ll get used to all of the common legal terms and be able to use them in speaking and written assignments. However, it’s also not a bad idea to get as familiar as you can with these basic terms that are used regularly by teachers and lawyers in order to get a head start on that learning curve.
About the Author
Beau Wilder is a partner attorney at the Wilder Pantazis Law Group, a Charlotte-based law firm specializing in civil litigation and workers’ compensation in North and South Carolina. He devotes his practice to representing victims of personal injury, including car accidents and workplace injuries, and is qualified to litigate claims in North and South Carolina state courts, federal courts, and more. He is also a North Carolina State Bar Board Certified Workers’ Compensation Specialist, a distinction held by a select few North Carolina lawyers.
