Legal Transcription - Difficult Words and Terms

Difficult Words and Terms in Legal Transcription

Difficult Words and Terms in Legal Transcription

By: Beth Worthy

No doubt, one of the things that make legal language toughestto understand is its unusual words and jargons.

Some legal terms such as - judge, court, interrogation etc. arerelatively well known, where as others are a complete mysteryto non-professionals.

Here we are defining a few difficult legal words and terms. By knowing them, transcribing legal documents will become easier for

you.

Arbitration

A method of alternative disputeresolution in which the disputingparties agree to abide by the decision ofan arbitrator. In general terms we cansay that arbitration is a technique ofresolving disputes outside the court.

Assignment

The transfer of legal rights fromone person to another. It refers tothe transfer of rights held by oneparty i.e. the assignor to anotherparty i.e. the assignee.

Bankruptcy

This is a process governed by thefederal law to help people, whenthey cannot or will not pay theirbills. It means that Bankruptcy isthe legal status of a person or anentity that are incapable ofrepaying the debt to the creditor.

Bifurcation

Splitting a trial into two parts: a liability phase and a penalty phase.

Generally the judge’s get power to split trial into two parts torender judgement on a particular set of legal issues withoutlooking at the other aspect. It is done so for various reasons likeconvenience, to avoid prejudice, or to expedite and economize.

Certiorari

It refers to the order of a court forreviewing the decision made. It isactually issued by a superior courtand instructing an inferior court,tribunal or other public authority tosend the record of proceedings sothat the upper court may review thejudgement.

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Deed

A written legal instrument that describes a piece of property and outlines its boundaries.

Defamation

The publication of a statement thatinjures a person’s reputation.Written defamation is called“libel” and spoken defamation iscalled “slander”.

Defamation

The publication of the statement that

Deposition

It is a process in which a witnesstestifies under oath, before trial. Itmeans that a statement underpromise is taken down in writing tobe used in the court, instead of thespoken evidence of the witness.

Escrow

The deed of a property will be in escrow (in pending), until thecompletion of the real estate transaction. It means acontractual agreement in which the third party holds anddisburse money or document for the principal transactingparties on the conditions agreed by the parties.

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Foreclosure

When a borrower cannot repay aloan and the lender seeks to sell theproperty. It is a legal condition inwhich the lender tries to recover thebalance of loan from the borrower byforcing the sale of the property usedas a collateral against the loan.

Immunity

Exemption from a legal duty or penalty. Generally it is of three types: An oath not to accuse for a crime in exchange for information or

testimony in a criminal matter, granted by the prosecutors, a judge, or an investigating legislative committee.

Public officials protection from liability for their decisions. Governmental immunity which protects government agencies from

lawsuits . Diplomatic immunity which excuses foreign ambassadors from

most U.S. criminal laws.

Impliedwarranty

A guarantee imposed by law in asale. It is a contract law forcertain assurance that will beimplemented during the sale ofproduct or property.

Intestate

To die without a will. Intestate refers to the condition where a person dies without leaving a valid will.

Plaintiff

The person who initiates a lawsuit.

Pro se

A person who represents himself in the court alone without the help of a lawyer.

Quash

To nullify or to declare invalid.

Slander

Defamatory oral statements and gestures.

Subpoena

An order compelling a person to appear in court or to produce documents.

Suvoir Dire

Means speak the truth.

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