Have you ever watched a legal drama on tv and wondered what they were talking about? Or worse, have you ever been involved in a legal matter yourself and been unsure what a lawyer was saying?
If the answer is ’yes’, then you are not alone. But fear not! Our upcoming series of legal jargon buster articles is here to help! This first article looks at the meaning of general legal terms.
General Legal Terminology
Barrister – a qualified and regulated legal professional who traditionally represents clients in court. Barristers are normally self-employed and work in chambers. A barrister is often engaged by a solicitor to represent a case in court and / or to provide a legal opinion on a specialist area of law. Barristers wear wigs in court.
Civil case – a dispute concerning the rights and property of individual people or organisations. No one is sent to prison in a civil case but the losing party may be hurt financially if damages are awarded against them. A breach of contract claim is an example of a civil case.
Contentious – a matter that involves a dispute between two or more parties. Litigation is a type of contentious work.
Contract – a contract is a legally binding promise by one party to fulfil an obligation to another party. In return, the other party agrees to do (or not do) something, for example paying for goods or services. A contract can be written or unwritten. To make a legally binding contract, certain criteria have to be met, including an intention by both parties to be legally bound by the agreement. A contract can be formed by the conduct of the parties.
Criminal case – a criminal offence or breach of criminal law. Criminal proceedings will usually (but not always) be brought by the CPS (Crown Prosecution Service) and will be heard in the Magistrates’ Court or the Crown Court. Examples include criminal damage, money laundering and murder. If found guilty of a criminal offence, the penalty might be a fine, community order or prison sentence.
Damages – money awarded by a court in order to compensate for loss or damage.
Insolvency -when a person or business cannot pay its debt when they are due or where liabilities exceed assets.
Intellectual Property (IP) – a category of property that you create using your mind. Examples include inventions; stories and literary works; artistic works; names and symbols of products and brands. The most common types of IP are patents, copyright, trade marks and design rights.
Lawyer – this a generic term used to describe someone who provides legal services. It is often used interchangeably with the term ’solicitor’ but lawyer has no defined meaning in the UK. The two main categories of lawyer in England and Wales are solicitors and barristers.
Litigation – the process of taking a dispute to court. Litigation is often referred to as Dispute Resolution. Examples include contractual matters
Non-contentious – a matter that does not involve a dispute. Examples of non-contentious work include contract drafting or advising on the sale of a business.
Solicitor – a qualified and regulated legal professional who generally advises clients outside of court (though there are exceptions). A solicitor is likely to be the first point of contact for a person, company or other organisation needing legal advice. The work of a solicitor can be split in to two types: contentious and non-contentious.
Plain English
If you need help understanding any legal terminology, our team of experts is ready to help.
At Bailoran we pride ourself on using plain English so our clients know exactly what is going on. As if you don’t understand the documents or language, you won’t be able to exercise your rights or take responsibility for your obligations.
This article does not contain legal advice. Should you require legal advice, please do not hesitate to contact our offices on 0113 266 0735 or at info@bailoransolicitors.com. Get in touch to speak to one of our legal experts.