Going to court — whether for a civil dispute, a criminal charge, or a family matter — can feel overwhelming. Legal language often sounds foreign, even intimidating, especially if you’ve never been involved in a lawsuit before.
To help you feel more prepared and confident, we’ve compiled a list of the most important legal terms you’re likely to encounter. Understanding these words will help you follow your case more clearly, ask better questions, and avoid confusion in the courtroom.
1. Plaintiff and Defendant
- Plaintiff: The person or party who initiates the lawsuit. They’re bringing a legal claim against someone else.
- Defendant: The person or party being sued or charged.
These terms apply in civil court. In criminal court, the government (state or federal) is the prosecuting party.
2. Complaint and Answer
- Complaint: The document that starts a civil lawsuit. It outlines the plaintiff’s allegations and what they’re asking for.
- Answer: The defendant’s formal response to the complaint, usually admitting or denying each allegation.
Together, these documents set the stage for the rest of the case.
3. Motion
A motion is a formal request made to the judge during a case. For example, one party might file a motion to dismiss the case, to exclude certain evidence, or to delay a hearing.
Understanding motions is key — they can influence how and when your case moves forward.
4. Discovery
Discovery is the pre-trial process where both sides exchange information and evidence. This may include:
- Written questions (interrogatories)
- Document requests
- Depositions (sworn interviews)
Skipping deadlines or not complying with discovery rules can hurt your case.
5. Deposition
A deposition is an out-of-court testimony taken under oath. It’s typically recorded and may be used later in court. You or other witnesses may be asked to sit for a deposition — and it’s crucial to prepare thoroughly with your attorney.
6. Subpoena
A subpoena is a legal order requiring someone to:
- Appear in court or a deposition
- Provide documents or evidence
Ignoring a subpoena can result in fines or even jail time for contempt of court.
7. Burden of Proof
This refers to which party must prove their case — and how convincingly they must do it.
- Civil cases: The burden is usually “preponderance of the evidence” — meaning more likely than not.
- Criminal cases: The burden is “beyond a reasonable doubt” — a much higher standard, because someone’s freedom is at stake.
8. Testimony and Evidence
- Testimony: Verbal statements given under oath by a witness.
- Evidence: Includes testimony, documents, photos, videos, and physical items submitted to prove or disprove facts.
Courts follow strict rules about what evidence is allowed (called admissible evidence).
9. Objection
During trial or a deposition, a lawyer may say “objection” to challenge the other side’s question or statement. The judge will then decide whether the objection is valid.
- Sustained: The judge agrees — the question or evidence is excluded.
- Overruled: The judge disagrees — the question or evidence is allowed.
10. Settlement
A settlement is a voluntary agreement to resolve a case before trial. Most civil lawsuits are settled this way.
Settlements can happen at any point and often save time, stress, and legal fees — but should always be reviewed carefully with your lawyer.
11. Verdict and Judgment
- Verdict: The final decision made by a jury (or a judge in a bench trial).
- Judgment: The court’s official decision in a case, which may involve an order to pay money, return property, or take another action.
A judgment can be appealed if one party believes a serious legal mistake was made.
12. Appeal
If you lose a case, you may have the right to appeal — asking a higher court to review the decision. Appeals are based on legal errors, not simply because one side disagrees with the outcome.
Strict timelines apply, and appeals require a strong legal argument — not just a re-do of the trial.
Court cases are full of unfamiliar terms, but learning the basics can help you navigate the process more confidently. When in doubt, always ask your lawyer to explain anything you don’t understand — that’s part of their job.
By getting comfortable with legal terminology early on, you reduce the risk of costly misunderstandings and improve your ability to make informed decisions.