With these five words/ phrases, we’re calling a short temporary recess for you to practice on your feet. You’ve all been exceptional students. And after familiarizing yourself with this last bit of legal language, you’ll have 25 new expressions in your legalese-y vocab, on top of backup from the ACFW “Legal Whisperer” Glossary.
Maybe a lot of you will be happily surprised to start repeating yourself! Here we go again.
VERDICT:
In the legal sense, a verdict means the official decision of a judge or jury of men and women who have been selected and sworn to seek the truth at the trial of a disputed matter. “Verdict” never refers to the decision of anyone outside the court (an arbitrator or mediator).
TRIAL:
A trial is the judicial examination presented before a sanctioned court of law, with a presiding judge either elected by the voters or appointed by a higher legislative individual or body (the US president at the federal level or a governor or legislature at the state level); a qualified, unbiased jury chosen and sworn by the court; the legal representation retained by each party; and the plaintiff(s) or defendant(s) respectively assisted by their legal representation.
ARBITRATION (AND MEDIATION):
Arbitration is when a neutral third party (arbitrator acting as a private judge) hears evidence and makes a decision favoring one side that is usually binding + allows for limited appeals. Arbitration looks and acts like a simplified trial: it is usually a speedier process than court but more formal than mediation. (Mediation is an informal meeting where the parties are facilitated by a neutral mediator to reach their own resolution.)
Arbitration can result in the issuing of a financial award. It is best applied in contract disputes or commercial matters and is often required by certain commercial contracts. Courts often order mediation as a way to resolve disputes before a case reaches trial.
LEGAL STANDING (locus standi):
Standing means the right of an individual or group (a party) to present a lawsuit in a court of law. To have standing in a court means: 1/ you were harmed; 2/ the harm was caused by the person or company you’re suing; and 3/ the court is able to fix it through damages or stopping negligent conduct.
BURDEN OF PROOF:
Burden of proof is the extent of proof necessary for the jury to reach a verdict (liable vs. not liable). In civil cases, the burden of proof typically lies with the plaintiff. The burden in civil cases is usually lower than in criminal cases – usually requiring a “preponderance of the evidence.” This means that the evidence must show that something is more likely true than not. Even if it’s just 51% more likely, the plaintiff wins.
Why Is This Lingo So Important Again?
Knowledge is power. A Case for Women was born to empower women, especially when it comes to fair legal representation in an orbit historically dominated by men. We, you, your lawyers, this mission – it’s all a work in progress, in constant motion.
When we think of anything that could further empower you, we present it to you, and you decide if it’s valuable to you. That’s how this works and how our relationship with you works. It’s your call whether to enlist our help and the extent of our involvement, every step of the way.
Contact us at, 24/7/365, if you’ve been hurt under unnecessary circumstances and you need help proving you didn’t deserve it. We’re here for you.
Sources
Legal Information Institute/ LII, Cornell Law School.
Black’s Law Dictionary, Thomas Reuters.
