Legal English is the working language of international contracts, arbitration, cross-border disputes and much of the world's legal scholarship. These are the terms lawyers and law students meet first: how legal systems are built, how courts and lawsuits work, how facts are proved and how legal documents are written. Many of the words look familiar but carry a precise legal meaning, so learning them in context prevents costly misunderstandings.
200 terms
9 topics
54 core terms
406 example sentences
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Legal Systems & Sources of Law
law
noun
Meaning
The system of rules that a society enforces through its courts and the state; also a single rule passed by a parliament, or the subject you study at university.
Where you use it
Used in three ways: 'the law' for the whole legal system, 'a law' for one rule passed by parliament, and plain 'law' for the subject or profession. Common in phrases such as 'under the law', 'break the law' and 'practise law'.
Examples
She studied law in Ankara and then did a master's degree in London.
Under the new law, landlords must register every rental contract online.
Not knowing the law is rarely accepted as an excuse in court.
Usage note
When law means the subject or the profession, use it without an article: 'She studies law', not 'She studies the law'. In American English the verb is spelled 'practice law'.
Common phrases
under the law · break the law · practise law · law student · pass a law
Connected with the law or the legal system; also allowed by the law, the opposite of illegal.
Where you use it
Very common before nouns: legal advice, legal costs, legal department, legal action. After a verb it usually means 'allowed by law': 'Is it legal to record the call?'. 'Lawful' is a more formal word for this second meaning.
Examples
Our legal department needs to approve the contract before Friday.
The client wants to know whether it is legal to monitor employees' work email.
Usage note
In Turkish 'legal' only means 'yasal', but English 'legal' more often means 'hukuki': a 'legal problem' is 'hukuki sorun', not 'yasal sorun'.
Common phrases
legal advice · legal action · legal costs · legal department · legal system
A written law passed by a parliament or another law-making body, as opposed to rules that come from court decisions.
Where you use it
Common in formal and academic writing. Lawyers contrast 'statute law' with 'case law' and speak of rights 'created by statute'. In the UK individual statutes are usually called Acts, for example the Companies Act 2006.
Examples
The time limit for this claim is set by statute, so the court cannot extend it.
Is the duty based on a statute or on case law?
Usage note
Do not confuse 'statute' (a law) with 'statue' (a sculpture) or 'status' (a position or state).
Common phrases
under statute · statute law · interpret a statute · created by statute
Laws as a group, especially those made by a parliament; also the process of making these laws.
Where you use it
Uncountable: say 'new legislation' or 'a piece of legislation', not 'a legislation'. Governments 'introduce', 'pass' and 'amend' legislation. 'Secondary legislation' means regulations made under the authority of an Act.
Examples
The new legislation on data protection comes into force next year.
We need to check whether this clause complies with current consumer legislation.
Common phrases
pass legislation · piece of legislation · secondary legislation · current legislation · introduce legislation
The basic set of laws and principles that sets up a state, organises its powers and protects the fundamental rights of its people.
Where you use it
Written 'the Constitution' with a capital letter when it names a specific country's text. The adjective 'constitutional' is very common: constitutional right, constitutional court, unconstitutional. The UK is a well-known example of a country with no single written constitution.
Examples
The constitution guarantees freedom of expression, but it also allows certain limits.
The applicants argue that the new rule is unconstitutional.
Common phrases
under the constitution · amend the constitution · constitutional right · constitutional court
An earlier court decision that judges use as an example or a rule when they decide later cases with similar facts or legal questions.
Where you use it
Central in common law systems, where precedents of higher courts are 'binding' on lower courts. Lawyers 'rely on', 'follow', 'distinguish' or 'set' a precedent. 'There is no precedent for this' can also simply mean it has never happened before.
Examples
The decision sets an important precedent for online platforms.
Counsel tried to distinguish the earlier precedent on its facts.
Usage note
The noun sounds very similar to 'president'; the only difference is /s/ instead of /z/ in the middle.
Common phrases
set a precedent · binding precedent · follow a precedent · distinguish a precedent · rely on precedent
Law that comes from the decisions of courts rather than from statutes; the body of earlier judgments that judges and lawyers rely on.
Where you use it
Uncountable: 'there is no case law on this point', 'recent case law suggests…'. Lawyers 'research', 'cite' and 'review' case law. In civil law countries case law is influential and persuasive, but usually not formally binding in the same way as in common law countries.
Examples
There is very little case law on liability for AI-generated content.
Please summarise the relevant case law in a two-page note.
Common phrases
relevant case law · recent case law · settled case law · research case law
The legal system that developed in England and is used in countries such as the US, Canada and Australia, where court decisions are a main source of law; also the judge-made rules themselves.
Where you use it
Used in two ways: for the legal tradition ('common law countries', contrasted with civil law countries) and for rules developed by judges ('a common law duty', 'at common law'). Turkish lawyers usually keep the English term.
Examples
In common law countries, judges play a major role in developing the law.
Negligence is largely a creation of the common law rather than of statute.
Common phrases
common law system · common law countries · at common law · common law duty
A legal system based mainly on written codes, used in most of continental Europe, Latin America and Turkey; also the area of law that deals with private disputes rather than crimes.
Where you use it
The meaning depends on context. Compared with 'common law', it means the code-based tradition. Compared with 'criminal law', it means private law matters such as contracts, property and family disputes.
Examples
Turkey has a civil law system strongly influenced by Swiss law.
This is a civil law matter, so the police will not get involved.
Usage note
'Civil law' is wider than Turkish 'medeni hukuk', which is only one branch of private law. Translate it according to context.
Common phrases
civil law system · civil law countries · civil law tradition · civil law matter
The principle that everyone, including the government and officials, must follow the law, and that laws are applied fairly by independent courts.
Where you use it
Almost always used with 'the': 'the rule of law'. Common in constitutional law, human rights reports and speeches. People 'uphold', 'respect', 'strengthen' or 'undermine' the rule of law.
Examples
An independent judiciary is essential to the rule of law.
The report examines how the rule of law is protected during emergencies.
Common phrases
uphold the rule of law · respect for the rule of law · undermine the rule of law · rule of law principles
A detailed official rule made by a government body or agency, usually under the authority of a statute; also the general control of an activity by rules.
Where you use it
Countable for individual rules ('the new regulations'), uncountable for the general idea ('financial regulation'). Companies 'comply with' regulations and regulators 'enforce' them. In EU law a 'Regulation' is a specific type of directly binding act.
Examples
The new regulations require banks to keep customer records for ten years.
Our client needs advice on data protection regulation before launching the app.
Common phrases
comply with regulations · under the regulations · financial regulation · EU regulation · regulatory approval
To make changes to a law, contract or court document in order to correct or improve it, without replacing the whole text.
Where you use it
Parliaments amend laws, parties amend contracts, and lawyers ask the court for permission to amend their statements of case. The noun is 'amendment'; in the US, 'the First Amendment' is a change added to the Constitution.
Examples
The parties amended the agreement to include a new delivery schedule.
The claimant has asked the court for permission to amend its claim.
Common phrases
amend a contract · amend the law · as amended · amended claim · propose an amendment
A law passed by a parliament or other legislature, often named with a title and year such as the Companies Act 2006; also called an Act of Parliament.
Where you use it
In British and Commonwealth texts statutes are called Acts, written with a capital A when they refer to a specific law: 'under the Act', 'section 5 of the Act'. A proposed law is a 'bill'; once passed and approved it becomes an Act. US federal statutes are also often called Acts.
Examples
The new Act gives tenants more time to challenge a rent increase.
Section 12 of the Act sets out the duties of company directors.
Usage note
Do not confuse 'an Act' (a law) with 'an act' (something a person does, as in 'an unlawful act'). Context and the capital letter show the difference.
Common phrases
Act of Parliament · under the Act · pass an Act · section of the Act · the Act provides
A draft law presented to a parliament for debate and voting; it becomes an Act or statute only after it has been passed and formally approved.
Where you use it
Bills are 'introduced', 'debated', 'amended', 'passed' or 'rejected'. In the UK a bill becomes law when it receives Royal Assent; in the US it usually becomes law when the President signs it. Context matters: 'bill' also means an invoice, and a 'bill of costs' is a detailed statement of legal fees.
Examples
The bill was amended twice before the final vote.
If the bill becomes law, employers will have to publish pay data.
Usage note
A bill is not yet law. Write 'the bill proposes' but 'the Act provides'.
Common phrases
introduce a bill · pass a bill · draft bill · the bill becomes law · amend a bill
The elected body, such as a parliament or congress, that has the power to make, change and repeal laws.
Where you use it
Used in constitutional law and when interpreting statutes: courts ask what 'the legislature intended'. Common phrases are 'the national legislature', 'state legislatures' in the US and 'an act of the legislature'. 'Parliament' and 'Congress' are the names of particular legislatures.
Examples
If the legislature had wanted to exclude small companies, it would have said so.
The bill now goes to the state legislature for a vote.
Common phrases
the national legislature · state legislature · intention of the legislature · the legislature passed
To pass a bill so that it officially becomes law; used of parliaments and other legislative bodies.
Where you use it
Formal and common in legal writing: 'Parliament enacted the law in 2015', 'newly enacted legislation'. The noun is 'enactment', which can also mean a statute or provision itself. The opposite is 'repeal'.
Examples
The rules were enacted to protect consumers from hidden fees.
Several countries have enacted similar data protection laws.
Usage note
Enacting a law and bringing it into force are different steps: a law may be enacted now but come into force months later.
Common phrases
enact legislation · enact a law · newly enacted · enacted by Parliament
To officially end a law so that it no longer has legal effect; done by the legislature, usually through a new statute.
Where you use it
Laws and provisions are 'repealed' or 'repealed and replaced'. It is also a noun: 'the repeal of the old Act'. Courts do not repeal laws; when a constitutional court cancels a law, English usually says it 'annuls' or 'strikes down' the law.
Examples
The old Code was repealed when the new one came into force.
Campaigners are calling for the repeal of the licensing rules.
Common phrases
repeal a law · repeal and replace · expressly repealed · the repeal of
To start to have legal effect from a particular date, so that people must follow it from then on; used of laws, regulations and contracts.
Where you use it
Laws 'come into force' on a date or 'on publication'. Similar phrases are 'enter into force' (common for treaties and EU law), 'take effect' and 'come into effect'. A law that applies now is 'in force': 'the regulation remains in force until 2030'.
Examples
The new rules come into force on 1 January.
The agreement will come into force once both parties have signed it.
Usage note
Say 'come into force', not 'come into power'; 'in power' is used for governments and people, not for laws.
Common phrases
come into force on · enter into force · remain in force · date of coming into force
The area of law that deals with the state and its relationship with individuals, including constitutional, administrative and criminal law.
Where you use it
Used in university courses, law firm practice areas and judgments: 'a public law challenge', 'public law remedies', 'public law principles'. In the UK it often refers mainly to judicial review of government decisions. Its counterpart is 'private law'.
Examples
She specialises in public law, mainly challenges to immigration decisions.
Tax law is usually classified as public law.
Common phrases
public law challenge · public law principles · public law remedies · public and private law
The area of law that governs relationships between private persons and companies, such as contracts, property, family matters and torts.
Where you use it
Contrasted with public law. In civil law countries the division is fundamental and shapes how courts are organised; in Turkey, for example, administrative courts hear public law disputes, while civil courts hear private law disputes. 'Private international law' decides which country's law applies to a case.
Examples
Contract and tort are the two main pillars of private law.
The disagreement between the two neighbours is a matter of private law.
Usage note
Turkish 'medeni hukuk' is only one part of 'özel hukuk' (private law), and English 'civil law' can also mean the Continental legal tradition.
Common phrases
private law dispute · private international law · private law rights · public and private law
A large, organised law that covers a whole area of law in one systematic text, such as a civil code, criminal code or code of procedure.
Where you use it
Codes are typical of civil law countries: the French Civil Code, the German Civil Code, the Turkish Civil Code. Common phrases are 'under the Code', 'Article 49 of the Code' and 'codify'. The word also appears in non-legal rules: 'code of conduct', 'code of practice', 'dress code'.
Examples
The Turkish Civil Code was largely based on the Swiss Civil Code.
The new code brings all the rules on civil procedure together in one text.
Usage note
Turkish 'kod' is not used for laws. In English translations, comprehensive Turkish laws are usually called 'Code' (Turkish Civil Code, Turkish Commercial Code) and others 'Law' (Law No. …).
Common phrases
civil code · criminal code · under the Code · code of conduct · codify the law
Created, required or controlled by a statute rather than by a contract or by judges' decisions.
Where you use it
A very frequent adjective: 'statutory rights', 'statutory duty', 'statutory interpretation', 'statutory minimum wage', 'statutory body'. 'Your statutory rights are not affected' is a standard line in UK consumer terms. Compare 'contractual', which describes obligations created by agreement.
Examples
Employees have a statutory right to paid annual leave.
This is a question of statutory interpretation: what did Parliament mean by 'premises'?
Common phrases
statutory right · statutory duty · statutory interpretation · statutory body · statutory deadline
Rules made by a minister, government department or other body under powers given to it by an Act, rather than passed directly by parliament.
Where you use it
Also called 'delegated' or 'subordinate legislation'. In the UK it is mostly made as 'statutory instruments', and the Act that grants the power is the 'parent' or 'enabling Act'. In EU law, 'secondary legislation' means the regulations, directives and decisions adopted under the Treaties.
Examples
The details of the licensing scheme will be set out in secondary legislation.
The court held that the secondary legislation went beyond the powers in the parent Act.
Common phrases
make secondary legislation · under secondary legislation · primary and secondary legislation
The principle that the power of the state is divided between the legislature, the executive and the judiciary, so that no single branch controls everything.
Where you use it
A key idea in constitutional law, associated with the 18th-century French writer Montesquieu. Courts refer to it when they decide how far they can review government action. It is often paired with 'checks and balances', especially in American texts.
Examples
The separation of powers means that judges should not make policy decisions for the government.
Students often confuse the separation of powers with federalism.
Common phrases
the separation of powers · principle of the separation of powers · checks and balances
A court case whose decision is especially important because it establishes a new legal principle or significantly changes the law.
Where you use it
Used in textbooks, lectures and the news: 'a landmark case', 'a landmark ruling', 'a landmark decision on privacy'. Students are expected to know the landmark cases in each subject by name and to explain the principle each one established.
Examples
In a landmark case, the court recognised for the first time that employers can be liable for workplace stress.
Our first seminar covers the landmark cases on freedom of expression.
A gap or weakness in a law or contract that lets people avoid a rule or obligation without technically breaking it.
Where you use it
Usually negative: people 'exploit', 'use' or 'find' a loophole, and legislators 'close' it. Very common in tax law and in the news ('a tax loophole'). In legal theory, a gap the judge must fill is called more neutrally a 'gap in the law' or 'lacuna'.
Examples
The new rule closes a loophole that allowed companies to avoid the tax.
His lawyers found a loophole in the contract.
Common phrases
close a loophole · exploit a loophole · tax loophole · legal loophole
A place or institution where judges hear legal disputes and decide them according to the law; the word can also mean the judges themselves.
Where you use it
Used constantly in practice: you 'go to court', 'take someone to court' or 'settle out of court'. Sentences such as 'the court held that…' refer to the judge or judges who decided the case.
Examples
If they refuse to pay, we will take them to court.
The court held that the dismissal was unfair.
The parties settled out of court a week before the hearing.
Common phrases
go to court · take someone to court · settle out of court · court hearing · the court held
A public official who runs a court hearing, listens to both sides and decides the case, or tells the jury how the law applies.
Where you use it
Used as a noun and as a verb ('to judge'). Judges 'preside over' cases, 'hear' cases and 'rule on' questions. In writing the title is capitalised before a name: Judge Ellis.
Examples
The judge asked both counsel to keep their closing speeches under twenty minutes.
Which judge has been assigned to our case?
Common phrases
presiding judge · trial judge · the judge ruled · appear before a judge
The official power of a court to hear and decide a case; also the country, state or area where a particular set of laws applies.
Where you use it
A court 'has' or 'lacks' jurisdiction, and a party may 'challenge' it. Contracts include a 'jurisdiction clause' that chooses the courts for disputes. In the second meaning, lawyers say 'in many jurisdictions' instead of 'in many countries'.
Examples
The defendant argues that the English courts have no jurisdiction over the dispute.
The rules on non-compete clauses vary a lot from one jurisdiction to another.
Usage note
Turkish procedural law separates 'görev' and 'yetki'. English usually covers both with 'jurisdiction': 'subject-matter jurisdiction' is close to 'görev', and 'territorial jurisdiction' or 'venue' is close to 'yetki'.
The highest court in a country or state, whose decisions on legal questions usually bind lower courts and cannot be appealed any further.
Where you use it
Capitalised when it names a specific court: the UK Supreme Court, the US Supreme Court. Cases 'go up to' or 'reach' the Supreme Court, which hears only a small number of appeals each year. Careful: in New York State the 'Supreme Court' is actually a trial-level court.
Examples
The case could take another two years if it goes to the Supreme Court.
The Supreme Court refused permission to appeal, so the judgment is final.
Usage note
Turkish courts are not a one-to-one match: Yargıtay is usually translated as the 'Court of Cassation', and the Constitutional Court (Anayasa Mahkemesi) is a separate court. Use 'supreme court' for Yargıtay only as a general description.
Common phrases
appeal to the Supreme Court · Supreme Court ruling · Supreme Court justice · reach the Supreme Court
A court that reviews the decisions of lower courts when a party says the judge made a mistake, and can confirm, change or cancel those decisions.
Where you use it
In England and Wales the Court of Appeal sits just below the Supreme Court. In the US federal system the equivalent courts are the 'courts of appeals', also called circuit courts. 'Appellate court' is the general term for any court of this kind.
Examples
The Court of Appeal overturned the decision and ordered a new trial.
We will ask the Court of Appeal to look again at how the judge read the contract.
Common phrases
appeal to the Court of Appeal · the Court of Appeal held · appellate court · Court of Appeal judges
A group of ordinary citizens, often twelve, chosen to listen to the evidence in a trial and decide the facts, for example whether a defendant is guilty.
Where you use it
Mainly used in criminal trials in England and Wales, and in both criminal and many civil trials in the US. A jury 'hears' the evidence, 'deliberates' and 'returns a verdict'. Each member is a 'juror'.
Examples
The jury took two days to reach a verdict.
In a jury trial, you need to explain technical evidence in very simple language.
Usage note
Turkey does not use jury trials, so Turkish learners often know 'jüri' only from competitions. In court, a jury decides questions of fact, not questions of law.
Common phrases
jury trial · trial by jury · the jury found · jury verdict · sit on a jury
A polite form of address used when speaking directly to a judge in court, used instead of the judge's name.
Where you use it
Used in speech: 'Yes, Your Honour', 'May it please Your Honour'. In England and Wales the correct form depends on the court: judges of the High Court and above are addressed as 'My Lord' or 'My Lady'.
Examples
Your Honour, the witness has already answered that question.
With respect, Your Honour, the contract does not support that reading.
Usage note
The American spelling is 'Your Honor'.
Common phrases
Yes, Your Honour · May it please Your Honour · With respect, Your Honour
A body set up to hear and decide particular kinds of disputes, such as employment or tax cases, often less formal than an ordinary court; also an arbitration panel.
Where you use it
Common in the UK (employment tribunal, tax tribunal) and in international law (arbitral tribunal). A party 'brings a claim before' a tribunal, and the tribunal 'finds' or 'rules'.
Examples
The employment tribunal found that she had been unfairly dismissed.
The arbitral tribunal consists of three arbitrators from different countries.
Common phrases
employment tribunal · arbitral tribunal · bring a claim before a tribunal · tribunal hearing
All the judges of a country considered as a group, and the branch of the state that interprets the law and decides cases.
Where you use it
Usually 'the judiciary', with 'the'. It is one of the three branches of the state, alongside the legislature and the executive. Common phrases are 'an independent judiciary', 'members of the judiciary' and 'judicial independence'. The adjective is 'judicial'.
Examples
An independent judiciary is essential to the rule of law.
The report looks at diversity in the judiciary over the past twenty years.
Common phrases
independent judiciary · the senior judiciary · members of the judiciary · judicial independence
The room in a court building where hearings and trials take place, with places for the judge, the parties, their lawyers, witnesses and the public.
Where you use it
Used in news reports, films and everyday conversation: 'in the courtroom', 'a packed courtroom', 'courtroom drama'. Lawyers more often refer to a numbered court: 'Court 4', 'the hearing is in court 12'.
Examples
Mobile phones must be switched off in the courtroom.
The courtroom was full of journalists when the judgment was read out.
Common phrases
in the courtroom · packed courtroom · courtroom drama · leave the courtroom
To stop a hearing or meeting for a period and continue it later, either the same day or on a different date.
Where you use it
Judges 'adjourn the hearing', 'adjourn for lunch' or 'adjourn the case to a date to be fixed'. A party may 'apply for an adjournment' if a witness is ill or documents arrive late. The noun is 'adjournment'.
Examples
The judge adjourned the hearing until the expert report is ready.
We will adjourn for fifteen minutes.
Usage note
Pronounced /əˈdʒɜːn/: the d is not heard as a separate sound, and 'our' sounds like the 'ur' in 'turn'.
Common phrases
adjourn the hearing · adjourn for lunch · apply for an adjournment · adjourn until · adjourned generally
To be the judge in charge of a hearing or trial, or the person leading a formal meeting.
Where you use it
A judge 'presides over' a case or trial. The 'presiding judge' leads a panel of judges, and in arbitration the 'presiding arbitrator' chairs the tribunal. The word is formal and common in news reports and judgments.
Examples
Judge Patel presided over the three-week trial.
The presiding arbitrator asked both sides to shorten their submissions.
Common phrases
preside over a trial · presiding judge · presiding arbitrator · preside over a hearing
The judges of a court considered as a group, or the raised seat where a judge sits in court.
Where you use it
'The bench' means the judges, just as 'the bar' means the lawyers. A lawyer who becomes a judge is 'appointed to the bench'. In English magistrates' courts the panel of magistrates is also called a bench. A 'bench trial' is a trial decided by a judge without a jury.
Examples
She spent twenty years at the bar before she was appointed to the bench.
The barrister approached the bench to hand up a copy of the authority.
Common phrases
appointed to the bench · the bench and the bar · bench trial · from the bench
A judicial officer who deals with less serious cases; in England and Wales usually a trained volunteer without a law degree, in the US a judge who assists federal district judges.
Where you use it
In England and Wales magistrates sit in 'magistrates' courts', usually as a bench of two or three, advised on the law by a legal adviser; most criminal cases start there. Professional district judges also sit in these courts. In other countries the word may simply mean a junior judge.
Examples
The magistrates fined him and ordered him to pay compensation.
He has served as a magistrate in his local court for eight years.
Usage note
'Sulh hakimi' is only an approximate translation: Turkish judges are always professional lawyers, while most English magistrates are not.
Not favouring either side in a dispute, so that the decision is based only on the facts and the law; a basic requirement for judges and arbitrators.
Where you use it
Often paired with 'independent': 'an independent and impartial tribunal' is the wording of Article 6 of the European Convention on Human Rights. The noun is 'impartiality'. A judge whose impartiality is in doubt may have to 'recuse' himself or herself, that is, step aside from the case.
Examples
Every party is entitled to an impartial judge.
The claimant questioned whether the arbitrator could be impartial, given his past work for the bank.
Behaviour that disobeys a court order or interferes with justice, such as ignoring an injunction or disrupting a hearing; it can be punished with a fine or prison.
Where you use it
A person is 'in contempt of court' or is 'held in contempt'. In common law countries it is the main way courts make people obey their orders. Publishing material that could prejudice an ongoing jury trial can also be contempt.
Examples
The director was found in contempt of court for destroying documents after the order was made.
Taking photographs in the courtroom may be treated as contempt of court.
Common phrases
in contempt of court · held in contempt · contempt proceedings · civil contempt · criminal contempt
A special court that decides whether laws and state actions comply with the constitution and, in many countries, hears individual complaints about rights violations.
Where you use it
Typical of continental European systems such as Germany, Italy, Spain and Turkey. Laws may be 'challenged before' the constitutional court, which can 'annul' or 'strike down' them. The US and the UK have no separate constitutional court; in the US the Supreme Court decides constitutional questions.
Examples
A group of members of parliament asked the constitutional court to review the new law.
The applicant lodged an individual application with the Constitutional Court after exhausting all other remedies.
Common phrases
apply to the constitutional court · constitutional court ruling · individual application · annul a law
The court where a case is first heard and decided on the facts and the law, before any appeal; often called the trial court.
Where you use it
Common in civil law countries, EU texts and international writing: 'the court of first instance found that…'. Americans more often say 'trial court' or 'lower court'. 'At first instance' is a fixed phrase: 'the claim was dismissed at first instance'.
Examples
The court of first instance rejected the claim, but the regional court reversed its decision.
The case has been pending before the court of first instance for two years.
Common phrases
court of first instance · at first instance · first-instance judgment · first-instance court
A legal dispute that a court deals with, or an earlier court decision that lawyers refer to; also the facts and arguments that one side presents.
Where you use it
One of the most frequent words in law. A case can be 'brought', 'heard', 'won', 'lost' or 'dismissed'. 'Our case' means our arguments, and 'a leading case' is an important earlier decision that others follow.
Examples
We have a strong case, but the other side's expert report worries me.
The case was heard by three judges in the Court of Appeal.
Please read the leading case on this point before tomorrow's meeting.
Common phrases
win a case · lose a case · bring a case · leading case · make out a case
A claim that one person or company brings against another in a civil court, usually asking for money or for an order to stop something.
Where you use it
Mainly American and used for civil, not criminal, cases. You 'file' or 'bring' a lawsuit against someone, and a lawsuit can be 'settled' or 'dismissed'. British lawyers more often say 'claim' or 'action'.
Examples
The tenants filed a lawsuit against the landlord over the broken heating.
The lawsuit was settled before it reached trial.
Common phrases
file a lawsuit · bring a lawsuit · settle a lawsuit · class-action lawsuit · face a lawsuit
To start a legal claim against a person or organisation in a civil court, usually to get money for harm or loss they caused.
Where you use it
Followed directly by the person: 'sue the company', 'sue someone for damages', 'sue for breach of contract'. Common in news and client conversations. The passive 'be sued' is also frequent.
Examples
The supplier is threatening to sue us for unpaid invoices.
She sued her former employer for unpaid overtime and won.
Usage note
Do not add 'to': say 'sue the company', not 'sue to the company'. The Turkish structure '-e dava açmak' makes this mistake very common.
Common phrases
sue for damages · sue for breach of contract · be sued · threaten to sue
The person or company that starts a civil case in court against someone else and asks the court for a remedy.
Where you use it
Standard in American courts and in older British texts. It appears in case names, pleadings and judgments, usually with 'the': 'the plaintiff alleges…'. The other side is the defendant.
Examples
The plaintiff claims that the software never worked as promised.
We act for the plaintiff in a dispute over unpaid royalties.
Usage note
In England and Wales, 'plaintiff' was replaced by 'claimant' in civil cases in 1999. Use 'claimant' for modern English cases and 'plaintiff' for American ones.
Common phrases
the plaintiff alleges · act for the plaintiff · judgment for the plaintiff · lead plaintiff
The person or company that a case is brought against: the side that must answer a civil claim or a criminal charge.
Where you use it
Used in both civil and criminal cases in the UK and the US. Lawyers 'act for' or 'represent' the defendant, and a judgment can be 'entered against' the defendant.
Examples
The defendant denies that the goods were damaged when they arrived.
The court ordered the defendant to pay the claimant's legal costs.
Usage note
Turkish uses two words: 'davalı' in civil cases and 'sanık' in criminal cases. English uses 'defendant' for both.
Common phrases
the defendant denies · represent the defendant · co-defendant · judgment against the defendant
Each person or organisation directly involved in a contract or a court case, such as the buyer and the seller, or the claimant and the defendant.
Where you use it
Very frequent in contracts and court documents. 'The parties' means both sides; a 'third party' is someone outside the agreement. Contracts often say 'each party shall…' or 'the parties agree that…'.
Examples
Both parties have agreed to try mediation before going to court.
The licence cannot be transferred to a third party without written consent.
Common phrases
the parties agree · third party · contracting party · injured party · party to the proceedings
The formal process in court where evidence is presented and a judge or jury decides the case, usually after weeks or months of preparation.
Where you use it
A case 'goes to trial'; a person is 'on trial' or 'stands trial'. In common law systems the trial is usually one continuous event over consecutive days, unlike systems where a case is heard in several short sessions over many months.
Examples
The trial is expected to last three weeks.
Most commercial disputes settle before they go to trial.
Usage note
In everyday English 'trial' also means a test (a free trial); in court it always means the hearing of a case, never 'deneme'.
Common phrases
go to trial · stand trial · trial date · fair trial · jury trial
A meeting of a court or tribunal where the parties or their lawyers present arguments or evidence on a particular issue.
Where you use it
Wider than 'trial': there are preliminary hearings, case management hearings, appeal hearings and so on. A hearing is 'listed', 'held' or 'adjourned'; lawyers 'attend' or 'appear at' it.
Examples
The hearing has been adjourned until 14 March because the judge is ill.
I have a short hearing at nine, so I'll join the call afterwards.
Common phrases
attend a hearing · hearing date · preliminary hearing · adjourn a hearing · oral hearing
A formal demand for money, property or another remedy, especially one made in court; also a statement that something is true which has not yet been proved.
Where you use it
In England and Wales a civil case is usually called a 'claim' and starts with a 'claim form'. You 'bring', 'make', 'file' or 'settle' a claim, and a court can 'strike out' or 'dismiss' it. As a verb: 'claim damages', 'claim that…'.
Examples
Our client claims that the goods were defective on delivery.
The insurer rejected the claim because the policy had expired.
We expect to issue the claim at the end of March.
Common phrases
bring a claim · file a claim · settle a claim · claim form · strike out a claim
To officially give a document to a court or public office so that it becomes part of the record, for example to start a case or to answer one.
Where you use it
Extremely common in US practice: 'file a lawsuit', 'file a motion', 'file an appeal', 'file for bankruptcy'. British lawyers also 'file' documents at court, but they usually 'issue a claim' and 'lodge an appeal'. Many courts now use electronic filing.
Examples
We need to file the defence by Friday; the deadline cannot be extended again.
The company filed for bankruptcy two months after the judgment.
Common phrases
file a lawsuit · file a motion · file an appeal · file for bankruptcy · file with the court
An agreement that ends a legal dispute without a court decision, usually with one side paying an agreed amount to the other.
Where you use it
Most civil disputes end in a settlement. Parties 'reach', 'negotiate' or 'agree' a settlement, and the terms are often confidential. The verb is 'settle': 'the case settled out of court'.
Examples
After two days of mediation, the parties reached a settlement.
The settlement includes a confidentiality clause, so we cannot disclose the amount.
Common phrases
reach a settlement · settlement agreement · out-of-court settlement · settlement offer · negotiate a settlement
The formal steps of a legal case, from the moment it is started until it is finished; the legal process as a whole.
Where you use it
Almost always plural in this meaning. You 'bring', 'start' or 'issue' proceedings 'against' someone, and a court can 'stay' them. Typical types: court proceedings, legal proceedings, arbitration proceedings, insolvency proceedings.
Examples
If the invoice is not paid within 14 days, we will start legal proceedings without further notice.
The court stayed the proceedings while the parties tried mediation.
Usage note
British English uses the plural 'proceedings' even for a single case; American lawyers also say 'a proceeding'.
Short for alternative dispute resolution: ways of solving legal disputes outside the courts, such as negotiation, mediation and arbitration.
Where you use it
Courts and clients increasingly expect parties to 'consider ADR' before or during litigation, and contracts often include an 'ADR clause'. Some writers do not count arbitration as ADR because it ends in a binding award.
Examples
The judge encouraged both sides to try ADR before the trial date.
Mediation is the most common form of ADR in commercial disputes.
Common phrases
consider ADR · ADR clause · forms of ADR · refuse to engage in ADR
A law that sets a time limit for starting legal action; after this period has passed, the claim usually can no longer be brought.
Where you use it
Mainly American. People say 'the statute of limitations has expired' or 'has run', or that a claim is 'time-barred'. British lawyers usually speak of the 'limitation period'; in England and Wales most periods are set by the Limitation Act 1980.
Examples
Check the statute of limitations before you promise the client anything.
The claim failed because the statute of limitations had already expired.
Usage note
Turkish law distinguishes 'zamanaşımı' from 'hak düşürücü süre'. The English 'limitation period' corresponds to 'zamanaşımı'; there is no single fixed English term for 'hak düşürücü süre', so translators usually explain it.
Common phrases
the statute of limitations has expired · statute of limitations period · toll the statute of limitations · time-barred claim
A formal request to a judge, made in writing or orally during a case, asking the court to make a particular order or decision.
Where you use it
Standard in US litigation: 'file a motion', 'motion to dismiss', 'motion for summary judgment'. The judge 'grants' or 'denies' the motion. In England and Wales the usual word is 'application'. In meetings and parliaments, a motion is a proposal that people vote on.
Examples
The defendant filed a motion to dismiss the case for lack of jurisdiction.
The judge denied our motion to postpone the trial.
Common phrases
file a motion · motion to dismiss · motion for summary judgment · grant a motion · deny a motion
A serious disagreement between people or organisations about their rights, money or obligations, which may end up in court or arbitration if it is not resolved.
Where you use it
One of the most frequent words in legal work. A dispute 'arises' between parties, and lawyers try to 'resolve' or 'settle' it. Contracts often contain a 'dispute resolution clause' saying how disagreements will be handled. It is also a verb: 'The defendant disputes the claim.'
Examples
The dispute arose when the supplier refused to replace the faulty machines.
Both companies want to resolve the dispute without going to court.
Common phrases
resolve a dispute · a dispute arises · legal dispute · dispute resolution · settle a dispute
The process of taking a dispute to court and pursuing it there through claims, hearings and judgments, as opposed to settling it privately.
Where you use it
Law firms have 'litigation departments', and lawyers who do this work are 'litigators'. People say a matter is 'in litigation', that 'litigation is pending', or that a client wants to 'avoid litigation' because it is slow and expensive. Arbitration is usually treated as a separate category.
Examples
Litigation could take three years, so the client is open to a settlement.
She moved from the corporate team to the litigation department last year.
Usage note
'Litigation' is the general activity; 'lawsuit' or 'case' is one particular action. Say 'the company is involved in litigation', but 'the company filed a lawsuit'.
Common phrases
commercial litigation · pending litigation · avoid litigation · litigation department · costs of litigation
The person or organisation that starts a civil case in the courts of England and Wales; the word used there instead of plaintiff since 1999.
Where you use it
Standard in English civil procedure, in arbitration and in many international texts. A claimant 'brings' or 'issues' a claim, and the other side is the defendant. It is also used outside court for anyone making a claim, for example to an insurer or a compensation scheme.
Examples
The claimant seeks damages for the late delivery of the equipment.
In the arbitration, the claimant and the respondent each appointed one arbitrator.
Usage note
Use 'plaintiff' for US courts and 'claimant' for English courts, and do not mix them in one document.
Common phrases
the claimant's case · the claimant seeks · lead claimant · claimant's solicitors
The party against whom an appeal, a petition or an arbitration claim is brought, and who must respond to it.
Where you use it
Used instead of 'defendant' in appeals, in arbitration, in many family and employment cases and before international courts. In an appeal the party appealing is the 'appellant' and the other side is the 'respondent' (in US practice often the 'appellee').
Examples
The respondent has 30 days to submit its answer to the request for arbitration.
Counsel for the respondent argued that the appeal should be dismissed.
Common phrases
counsel for the respondent · the respondent's case · appellant and respondent · respondent company
The money spent on a case, including lawyers' fees, court fees and expert fees; courts often decide which party must pay them.
Where you use it
In England the general rule is that the losing party pays the winner's costs ('costs follow the event'). In the US each party normally pays its own lawyers. Judges make 'costs orders', and lawyers often simply say 'costs': 'we are seeking our costs'.
Examples
The claim is worth less than the legal costs of pursuing it.
The court ordered the defendant to pay the claimant's legal costs.
Common phrases
pay the legal costs · costs order · recover legal costs · legal costs and expenses · costs follow the event
A private way of resolving a dispute in which the parties agree to let one or more independent arbitrators decide it, usually with a final and binding result.
Where you use it
Very common in international commercial contracts. Parties 'refer' a dispute 'to arbitration' under an 'arbitration clause' or 'arbitration agreement'. The decision is an 'award', not a judgment. Arbitration can be run by an institution or 'ad hoc', and awards can be enforced abroad under the New York Convention.
Examples
Any dispute under this agreement shall be referred to arbitration in Geneva.
The hearings were held in private, which is one reason the company chose arbitration.
Usage note
In arbitration 'tribunal' means the panel of arbitrators. The Turkish 'hakem' here is 'arbitrator', not 'referee' as in sport.
Common phrases
refer to arbitration · arbitration clause · international arbitration · arbitration proceedings · go to arbitration
A process in which a neutral person, the mediator, helps the parties to a dispute talk and reach their own agreement; the mediator does not decide the case.
Where you use it
A form of ADR. Parties 'go to' or 'attempt' mediation, and a successful one ends in a 'settlement agreement'. Courts often encourage it, and many contracts require mediation before litigation or arbitration can begin.
Examples
The parties settled after a full day of mediation.
The contract requires mediation before either side can start court proceedings.
Usage note
Do not confuse 'mediation' with 'arbitration': a mediator helps the parties agree, while an arbitrator makes a binding decision.
Common phrases
go to mediation · mediation session · mandatory mediation · court-annexed mediation · attempt mediation
An official document from a court ordering a person to appear before it, or telling a defendant that a case has been started against them.
Where you use it
A summons is 'issued' by the court and 'served on' the person. In US civil cases the plaintiff must serve the summons together with the complaint on the defendant; witnesses and jurors also receive summonses. In English civil courts most cases now start with a 'claim form' instead.
Examples
The defendant ignored the summons and did not appear at the hearing.
She received a witness summons to give evidence next month.
Usage note
'Summons' is singular even though it ends in s; the plural is 'summonses'. It is also a verb in British English: 'He was summonsed to appear.'
Common phrases
issue a summons · serve a summons · witness summons · jury summons · receive a summons
To deliver a legal document, such as a claim, summons or notice, to a person in the way the rules require, so that it officially reaches them.
Where you use it
Documents are 'served on' a party: 'The claim form was served on the defendant on 3 May.' The noun is 'service' ('service of process', 'proof of service'). Rules on service are strict, especially for parties abroad, and mistakes can delay a case for months.
Examples
We have not yet been able to serve the defendant, who seems to have moved abroad.
The notice was served by registered post.
Usage note
In criminal law 'serve' also means to spend time in prison ('serve a sentence'). In civil procedure, think 'tebliğ etmek'.
Common phrases
serve a claim · serve on the defendant · service of process · proof of service · serve notice
In US civil procedure, the first document a plaintiff files to start a lawsuit, setting out the facts, the legal claims and what the plaintiff asks the court to order.
Where you use it
Lawyers 'file' or 'amend' a complaint, and the defendant must 'answer' it within a time limit or 'move to dismiss' it. In English civil courts the equivalent documents are the claim form and the 'particulars of claim'. Outside court, 'complaint' keeps its normal meaning of a grievance.
Examples
The complaint alleges that the app collected users' location data without consent.
The plaintiffs amended their complaint to add two new defendants.
Usage note
In a US civil case, 'complaint' means the claim document ('dava dilekçesi'), not a 'şikayet'. When someone reports a crime to the police, English says 'make a complaint' or 'report a crime'.
Common phrases
file a complaint · amended complaint · the complaint alleges · answer the complaint · dismiss the complaint
A claim that a defendant brings against the claimant in the same proceedings, so that both sides' claims are decided together.
Where you use it
A defendant 'brings', 'makes' or 'files' a counterclaim, often together with its defence. It is also a verb: 'The supplier counterclaimed for unpaid invoices.' Do not confuse it with 'set-off', where the defendant simply deducts what it is owed from what it owes.
Examples
The tenant brought a counterclaim for the cost of repairs.
The court dismissed the claim but allowed the counterclaim in part.
Common phrases
bring a counterclaim · defence and counterclaim · counterclaim for damages · dismiss the counterclaim
A formal written request to a court or public authority asking it to take a particular action, such as winding up a company or reviewing a decision.
Where you use it
Used for particular kinds of application: a 'winding-up petition' or 'bankruptcy petition' in insolvency, and a 'petition for review' in some appeal courts. The person who files it is the 'petitioner'. Outside court, a petition is a document signed by many people to demand a change.
Examples
The supplier presented a winding-up petition against the company over unpaid invoices.
Over 10,000 residents signed a petition against the new motorway.
Usage note
Turkish 'dilekçe' has many English equivalents: claim form, statement of claim, complaint, defence, application, motion, submission or simply letter. Use 'petition' only where English procedure itself uses the word.
Common phrases
file a petition · winding-up petition · bankruptcy petition · sign a petition · petition for review
The right to bring a particular claim to court, which a person has only if they are sufficiently affected by the matter; also called locus standi.
Where you use it
Courts ask whether a claimant 'has standing' and may dismiss a case 'for lack of standing'. It is especially important in public law and in US constitutional cases, where a claimant usually must show a real, personal injury. Campaign groups often have to establish standing before the court hears their arguments.
Examples
The court dismissed the claim because the association lacked standing.
To have standing, the plaintiffs must show that the policy affects them directly.
Usage note
Do not translate 'standing' as 'dava ehliyeti'. In Turkish procedure that term means the capacity to conduct proceedings oneself, which is a different concept.
Common phrases
have standing · lack standing · for lack of standing · standing to sue · locus standi
Documents, objects, statements and other information that a court uses to decide which facts are true.
Where you use it
Lawyers 'gather', 'submit', 'produce' and 'challenge' evidence. Common types are documentary evidence, witness evidence and expert evidence. Witnesses 'give evidence' in court.
Examples
There is no evidence that the director knew about the missing payments.
We need to submit all documentary evidence by the end of the month.
The key piece of evidence was a single email sent at midnight.
Usage note
Evidence is uncountable: say 'some evidence' or 'a piece of evidence', never 'an evidence' or 'evidences'.
Common phrases
submit evidence · give evidence · piece of evidence · documentary evidence · expert evidence
A person who tells a court what they saw, heard or know about a case; also someone who watches a document being signed and then signs it too.
Where you use it
Used as a noun and as a verb ('witness a signature'). Witnesses are 'called', 'heard' and 'cross-examined'. A 'witness statement' is the written account prepared before a trial.
Examples
We plan to call two witnesses who were at the meeting.
His witness statement does not mention the phone call at all.
The deed must be signed in the presence of a witness.
Common phrases
call a witness · witness statement · expert witness · key witness · witness a signature
A formal statement that a witness makes in court or in writing, usually under oath, about facts they know.
Where you use it
Common in American English: 'give testimony', 'expert testimony', 'sworn testimony'. British lawyers more often say 'evidence' or 'witness evidence'. The verb is 'testify'.
Examples
Her testimony was consistent with the emails we found.
The jury did not find the expert's testimony convincing.
The duty of one side in a case to prove that the facts it relies on are true; if it cannot do so, it loses on that point.
Where you use it
Usually 'the burden of proof is on' or 'lies with' a party, and it can 'shift' in some situations. Do not confuse it with the standard of proof, which is how convincing the evidence must be: 'beyond reasonable doubt' in criminal cases, 'on the balance of probabilities' in English civil cases.
Examples
Remember that the burden of proof lies with us, not with the defendant.
The judge found that the claimant had not discharged the burden of proof.
Common phrases
the burden of proof lies with · discharge the burden of proof · shift the burden of proof · reverse the burden of proof
Allowed to be used in court as evidence, or accepted for examination by a court, because it meets the legal rules.
Where you use it
Mostly about evidence: 'the recording is admissible', 'inadmissible hearsay'. Courts such as the European Court of Human Rights also decide whether an application is admissible before looking at its merits.
Examples
The judge ruled that the secretly recorded conversation was admissible.
The application was declared inadmissible because it was lodged too late.
The questioning of a witness by the lawyer for the other side, in order to test the witness's account and find weaknesses in it.
Where you use it
A key skill in common law trials. A witness is 'under cross-examination', and counsel 'conducts' it. It follows 'examination-in-chief' (UK) or 'direct examination' (US), when the witness is questioned by the side that called them. The verb is 'cross-examine'.
Examples
Under cross-examination, the director admitted that he had seen the warning email.
Keep your cross-examination short and ask only questions you know the answer to.
Common phrases
under cross-examination · conduct a cross-examination · cross-examination of a witness · withstand cross-examination
To say that someone has done something wrong or illegal, or that a fact is true, without having proved it yet.
Where you use it
Very common in court documents and news: 'the claimant alleges that…'. The adjective 'alleged' shows that something is not yet proved: 'the alleged breach'. The noun is 'allegation': 'deny the allegations'.
Examples
The claimant alleges that the defendant copied its product design.
Our client firmly denies all the allegations made in the claim.
Common phrases
allege that · alleged breach · deny the allegations · it is alleged that
A written statement of facts that a person signs and swears or affirms is true, usually in front of an authorised official, so that it can be used as evidence.
Where you use it
Used in court applications and many official procedures. A person 'swears', 'makes' or 'files' an affidavit, which is signed before a notary or a commissioner for oaths. In England, witness statements with a statement of truth have replaced affidavits in many situations.
Examples
The application must be supported by an affidavit from the company's finance director.
She swore an affidavit confirming that she had never received the notice.
Common phrases
swear an affidavit · sworn affidavit · file an affidavit · affidavit of service
To give evidence in court or at another formal hearing, usually by answering questions after promising to tell the truth.
Where you use it
Witnesses, experts and the parties themselves can testify. Common patterns are 'testify in court', 'testify against/for someone', 'testify that…' and 'testify under oath'. The noun is 'testimony'. In British courts 'give evidence' is very common with the same meaning.
Examples
The site manager testified that the safety barriers had been removed the day before.
Two former employees agreed to testify at the hearing.
Common phrases
testify in court · testify under oath · testify against · refuse to testify · testify that
To show with evidence that a fact or claim is true, to the standard the court requires, so that the court can rely on it.
Where you use it
The party who makes an allegation usually has to prove it. Lawyers talk about facts that are 'proved' or 'not proved', about having to 'prove a case' and about what is 'difficult to prove'. Both 'proved' and 'proven' are used as past participles; 'proved' is more traditional in British legal writing.
Examples
We have to prove that the buyer knew about the defect before signing.
Without the emails, the claim would be very hard to prove.
Common phrases
prove a case · prove beyond reasonable doubt · prove on the balance of probabilities · difficult to prove
In US litigation, the pre-trial stage in which each side must give the other relevant documents and information, answer written questions and attend depositions.
Where you use it
Lawyers 'conduct', 'request' or 'resist' discovery, and much of the cost of a US case comes from it. 'E-discovery' is the discovery of electronic data such as emails. The English equivalent is 'disclosure', which is usually narrower.
Examples
During discovery, the plaintiff obtained thousands of internal emails.
The judge limited discovery to documents created after 2020.
Usage note
Do not translate 'discovery' as 'keşif'. In Turkish procedure 'keşif' is an on-site inspection by the court, which English calls a 'site visit' or 'inspection'.
The stage of an English civil case in which each party must reveal relevant documents and let the other side inspect them; more generally, the act of revealing information.
Where you use it
In litigation parties 'give disclosure', 'make disclosure' and 'apply for specific disclosure'. Outside court the word is everywhere: 'disclosure of a conflict of interest', 'financial disclosure', 'unauthorised disclosure of personal data'. The verb is 'disclose'.
Examples
Disclosure is due by the end of the month, so the team is reviewing every file.
Full disclosure of the risks was required before the shares were sold.
Common phrases
give disclosure · standard disclosure · specific disclosure · full disclosure · disclosure of documents
A document or object that is formally shown to the court as evidence and given a label, such as Exhibit A or Exhibit 12.
Where you use it
Lawyers 'mark', 'introduce' or 'refer to' exhibits during a hearing: 'I refer the witness to Exhibit 7.' Documents attached to an affidavit or witness statement are also exhibits, and contracts sometimes call their annexes 'exhibits', especially in US practice.
Examples
The knife was shown to the jury as Exhibit 4.
A copy of the invoice is attached to my statement as Exhibit B.
Common phrases
mark as an exhibit · Exhibit A · documentary exhibit · refer to the exhibit
A person with special knowledge, such as a doctor, engineer or accountant, who gives the court an opinion on technical questions in a case.
Where you use it
In common law countries each party usually 'instructs' or 'retains' its own expert witness, although the expert's main duty is to the court. Experts write an 'expert report' and may be cross-examined. Ordinary witnesses can only describe facts; expert witnesses may give opinions.
Examples
Both sides called expert witnesses on the cause of the fire.
The expert witness admitted that her report had not considered the second test.
Usage note
A Turkish 'bilirkişi' is normally appointed by the court, while an expert witness in England or the US is usually chosen by one party. A report a party obtains itself is closer to 'uzman görüşü' in Turkish procedure.
Common phrases
call an expert witness · independent expert witness · expert witness report · instruct an expert witness
A witness's report of what someone else said outside court, offered to prove that what that person said was true.
Where you use it
Traditionally excluded in common law trials, especially before juries, but with many exceptions. In English civil cases hearsay is admissible, although it may carry less weight. Lawyers object: 'Objection, that's hearsay.' In everyday English the word also means rumour.
Examples
The judge refused to admit the note because it was hearsay.
What your neighbour told you about the accident is hearsay.
Common phrases
hearsay evidence · hearsay rule · exception to the hearsay rule · inadmissible hearsay
A formal and serious promise to tell the truth in court or to carry out official duties faithfully, usually spoken aloud in a set form of words.
Where you use it
Witnesses 'take' or 'swear' an oath and then give evidence 'under oath'. People who do not wish to swear a religious oath can 'affirm' instead, which has the same legal effect. Lying under oath is perjury. Judges, officials and new lawyers also take oaths when they start their duties.
Examples
Remember that you are under oath, Mr Clarke.
The witness took the oath and confirmed her name and address.
Common phrases
under oath · take an oath · swear an oath · oath of office · lie under oath
The level of certainty a court needs before it accepts that a fact has been proved; it is higher in criminal cases than in civil cases.
Where you use it
In English civil cases the standard is 'the balance of probabilities' (more likely than not); in US civil cases it is usually 'a preponderance of the evidence'. In criminal trials it is 'beyond reasonable doubt'. Lawyers ask whether the standard 'has been met'.
Examples
The standard of proof in a civil case is lower than in a criminal trial.
The tribunal found that the standard of proof had not been met.
Usage note
Do not confuse it with the burden of proof: 'burden' answers 'who has to prove it?', and 'standard' answers 'how convincingly?'.
Common phrases
civil standard of proof · criminal standard of proof · meet the standard of proof · higher standard of proof
A formal protest by a lawyer during a hearing that a question, a piece of evidence or a step in the procedure is not allowed under the rules.
Where you use it
Typical of US trials: a lawyer stands and says 'Objection, Your Honor', and the judge rules 'Sustained' (the objection is accepted) or 'Overruled' (it is rejected). Lawyers 'raise', 'make' or 'withdraw' an objection. More widely, any formal disagreement, for example to a planning application, is an objection.
Examples
Objection, Your Honor: counsel is leading the witness.
The judge overruled the objection and allowed the question.
Usage note
Turkish 'itiraz' also covers challenges against decisions. In English these are usually an 'appeal' or a 'challenge'; 'objection' is mainly used for questions, evidence or proposals.
Common phrases
raise an objection · objection sustained · objection overruled · withdraw an objection · no objection
The final decision of a court in a case, together with the reasons the judge gives for it; also the written document that contains this decision.
Where you use it
Judges 'give', 'deliver' or 'hand down' a judgment; a party 'obtains' or 'enforces' a judgment. 'Judgment for the claimant' means the claimant won. Lawyers spend much of their time reading judgments as sources of law.
Examples
The judgment runs to sixty pages, but the key reasoning is in paragraphs 40 to 52.
We obtained judgment in our favour last week and are now trying to enforce it.
Usage note
Legal texts spell it 'judgment' in both British and American English. The spelling 'judgement' is mainly found in British writing outside law.
Common phrases
give judgment · hand down a judgment · enforce a judgment · default judgment · summary judgment
To ask a higher court to review and change the decision of a lower court; also used as a noun for this request.
Where you use it
As a noun: 'file an appeal', 'lodge an appeal', 'the appeal was dismissed' or 'allowed'. A party often needs 'permission to appeal' first. In English courts an appeal that succeeds is 'allowed'; one that fails is 'dismissed'.
Examples
The company intends to appeal the decision within the 30-day deadline.
Their appeal was dismissed, so the original judgment stands.
Usage note
In British English you usually 'appeal against' a decision; in American English you 'appeal' it with no preposition.
Common phrases
appeal a decision · appeal against a judgment · lodge an appeal · permission to appeal · the appeal was allowed
Money that a court orders one party to pay another as compensation for loss or harm caused by a breach of contract or another legal wrong.
Where you use it
Always plural in this meaning. You 'claim', 'seek', 'award' or 'recover' damages. Types include compensatory damages, punitive damages (mainly in the US) and damages for loss of profit.
Examples
The court awarded the claimant damages of 80,000 pounds for lost profits.
Our client is seeking damages for the delay in delivery.
Usage note
A trap inside English: 'damage' (singular) is physical harm, while 'damages' (plural) is the money paid as compensation.
Common phrases
claim damages · award damages · punitive damages · damages for breach of contract · liable in damages
An official decision made by a judge or court on a particular question, such as whether evidence can be used or whether a claim can continue.
Where you use it
Often used for decisions on specific issues during a case, not only for the final outcome. Courts 'make', 'issue' or 'give' a ruling; parties 'challenge' or 'comply with' it. Journalists use 'ruling' for almost any court decision. The verb is 'rule on'.
Examples
The judge's ruling on the expert report came as a surprise to both sides.
We are waiting for a ruling on whether the documents are privileged.
Common phrases
make a ruling · court ruling · landmark ruling · challenge a ruling · rule on
The way a court puts right a wrong or protects a right, for example by ordering payment of money, banning an action or requiring a contract to be performed.
Where you use it
Lawyers ask 'What remedies are available?'. The main remedies are damages, injunctions and specific performance. A party 'seeks', 'pursues' or 'is entitled to' a remedy, and contracts may 'limit' or 'exclude' remedies.
Examples
Damages may not be an adequate remedy if the confidential data has already been published.
Let's list the remedies available to the client before we write to the other side.
Common phrases
seek a remedy · available remedies · adequate remedy · legal remedy · exclusive remedy
A court order that tells a person or company to stop doing something, or sometimes to do something, often made quickly to prevent serious harm.
Where you use it
A party 'applies for', 'seeks' or 'obtains' an injunction, and the court 'grants' or 'refuses' it. An 'interim injunction' (UK) or 'preliminary injunction' (US) lasts until trial. Breaking an injunction can be contempt of court.
Examples
We applied for an urgent injunction to stop the former employee from using our client list.
The court granted an interim injunction until the full hearing in June.
Common phrases
apply for an injunction · grant an injunction · interim injunction · breach an injunction
To reject a case, claim or appeal so that it does not go any further; also to end someone's employment.
Where you use it
Courts dismiss claims, appeals and applications. In US practice a 'motion to dismiss' asks the court to end a case at an early stage. In the UK 'the appeal was dismissed' means the appellant lost. In employment law 'dismiss' means to fire someone.
Examples
The judge dismissed the claim because it was brought too late.
If the court dismisses our appeal, the costs order will stand.
Common phrases
dismiss a claim · dismiss an appeal · motion to dismiss · dismissed with costs · unfairly dismissed
To confirm that an earlier decision was correct, especially when a higher court refuses to change a lower court's judgment; also to defend a principle.
Where you use it
Appeal courts uphold decisions, convictions and awards; the opposite is 'overturn' or 'reverse'. In a wider sense, institutions 'uphold the law' or 'uphold the rule of law'. The past form is 'upheld'.
Examples
We expect the appeal court to uphold the original decision.
Judges are expected to uphold the law without fear or favour.
Usage note
Read the object carefully: 'the appeal was upheld' means the appeal succeeded, but 'the decision was upheld' means the decision was confirmed.
Common phrases
uphold a decision · uphold an appeal · uphold the law · uphold the rule of law
To officially cancel or reverse a decision of a lower court, so that it no longer has any effect.
Where you use it
Used for appeal courts that change a judgment or a conviction: 'the conviction was overturned'. Similar words are 'reverse' (mainly US), 'set aside' and 'quash' (UK, especially for convictions and administrative decisions).
Examples
The appeal court overturned the decision because the judge had misread the contract.
Overturning a jury's findings of fact is very difficult.
Common phrases
overturn a decision · overturn a conviction · overturn a ruling · overturned on appeal
To announce a judgment or decision officially, especially when a court gives its decision after a period of considering the case.
Where you use it
Mostly used with 'judgment', 'decision', 'ruling' or 'sentence': 'the court handed down its judgment on Tuesday'. In England a 'hand-down' is also the short formal step at which a reserved judgment is released.
Examples
The Supreme Court is expected to hand down its decision before the summer.
Judgment will be handed down remotely by email at 10 a.m.
Common phrases
hand down a judgment · hand down a decision · hand down a ruling · judgment handed down
Ten questions from this glossary. Pick the right meaning for each term and see your score.
How to learn law vocabulary
Read real legal texts every week: a short judgment, a section of a statute or a published contract template. Underline the verbs that go with each term, such as file a claim, hand down a judgment or breach an obligation.
Learn terms in pairs and families: plaintiff and defendant, right and obligation, uphold and overturn, ratio decidendi and obiter dictum. Pairs make the logic of the system easier to remember.
Do not force one-to-one translations. Concepts such as barrister, jury or common law have no exact Turkish match, so write a short explanation in your notes instead of a single word.
Check whether a text is British or American before you reuse its vocabulary, and stay consistent in your own writing: claimant or plaintiff, disclosure or discovery, solicitor or attorney.
Practise by summarising a judgment you have read in five or six English sentences: the parties, the facts, the legal question, the decision and the main reason.
Frequently asked questions
How can I learn legal English vocabulary effectively?
Learn words inside real legal texts rather than from lists alone. Read judgments, statutes, law firm articles and contracts in your area of interest, note each new term with the verbs and prepositions around it, and reuse those phrases when you write summaries or emails. A little reading every day works better than long sessions once a month.
Which legal English terms should I learn first?
Start with the people and stages of a case: court, judge, lawyer, plaintiff, defendant, claim, hearing, trial, judgment and appeal. Then add the sources of law (statute, legislation, case law, precedent) and the basic ideas of right, obligation, contract and liability. The first terms on this page cover exactly this core.
Is legal English different in the UK and the US?
The basic common law ideas are shared, but a lot of vocabulary differs. English courts use claimant, disclosure and limitation period, while American courts use plaintiff, discovery and statute of limitations. England and Wales divide lawyers into solicitors and barristers; in the US almost every lawyer is an attorney. Follow the usage of the documents you work with and do not mix the two styles in one text.
Do I need to know Latin to read English legal texts?
No. You only need a few dozen Latin phrases that appear again and again, such as prima facie, bona fide, inter alia, obiter dictum and res judicata. Modern plain-English drafting avoids many of them, but they are still common in judgments, textbooks and academic articles, so it is worth recognising them.
How do common law terms fit the Turkish legal system?
Turkey has a civil law system in which codes and statutes are the main source of law. Court decisions, especially those of the Court of Cassation (Yargıtay), are very influential, and its decisions unifying case law are binding, but there is no general rule of binding precedent as in England. So when you translate terms such as precedent, barrister or jury, explain the concept rather than assuming an exact Turkish equivalent.
