This glossary contains all the basic terms you need to know in order to understand daily legal situations.
Acknowledgment
noun
1. A statement of acceptance of responsibility. 2. The short declaration at the end of a writing showing that the instrument was duly executed and acknowledged.
Example: The parties signing the document present a driver’s license to the notary public who will then sign and stamp that section of the document deemed “the acknowledgment".
fr: reconnaissance
Action
noun
Case, cause, suit or controversy disputed or contested before a court of justice. Action is used more often for civil lawsuits than for criminal cases.
Example: A civil action was filed against eight insurance companies.
fr: action
Affidavit
noun
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Example: In civil cases, affidavits of witnesses are often used to support motions for summary judgment.
fr: affidavit
Agreement
noun
Another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration (payment or performance), based on specific terms.
Example: After weeks of negotiations, we have an agreement.
fr: Entente
Arbitration
noun
Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation.
Example: We decided to withdraw our action and start an arbitration process.
fr: arbitrage
Attorney-At-Law
noun
An advocate, counsel, or official agent employed in preparing, managing and trying cases in court.
Example: An attorney-at-law was consulted for the initial drafting of the documents.
fr: avocat
Breach
noun
1) Literally, a break. A breach may be a failure to perform a contract, failure to do one's duty, causing a disturbance, threatening, or other violent acts which break public tranquility, not telling the truth-knowingly or innocently-about title to property, or, in past times, refusal to honor a promise to marry. 2) The act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.
Example: Finally, the Court decided there was a breach of the contract.
fr: rupture
Clause
noun
A section, phrase, paragraph, or segment of a legal document, such as a contract, deed, will, or constitution, that relates to a particular point.
Example: The third clause of the agreement is about the price
fr: clause
Damages
noun
The money awarded by a court to a claimant as compensation or imposed as a punishment for a financial loss or injury to person, property or rights.
Example: The judge awarded Mary damages to cover the cost of fixing the toilet and replacing the carpet.
fr: dommages
Defendant
noun
A person in a law case who is accused of having done something illegal.
Example: The judge directed the defendant to remain silent.
fr: défendeur
Deposition
noun
1. In litigation, a pretrial discovery proceeding outside the courtroom in which a party or witness gives sworn testimony under oath before a court reporter in response to written interrogatories and where there is an opportunity for cross-examination. 2. The written document created by the court reporter as a result of this pretrial discovery proceeding.
Example: A deposition usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said.
fr: déposition
Due diligence
phrase
Reasonable steps taken by a person in order to satisfy a legal requirement, especially in buying or selling something.
Example: In order to verify all the assets, a due diligence was started by the office.
fr: contrôle diligent
Indemnity
noun
Also known as indemnify and indemnification. Generally, an undertaking by one party to reimburse the other party or pay them directly for certain costs and expenses.
Example: As he asked a guarantee against any loss, we agreed an indemnity clause
fr: indemnité
Legal remedy
phrase
A way of using the legal system to make sure that someone's rights are not taken away from them.
Example: We will pursue all legal remedies available to enforce our rights.
fr: voie de droit
Oath
noun
1. Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular act, either truthfully or faithfully. 2. A solemn declaration of truth or obligation.
Example: The witness took an oath before the court to tell the truth, the whole truth and nothing but the truth.
fr: serment
Plaintiff
noun
A person who initiates a lawsuit against another.
Example: In the landmark Supreme Court case Citizens United vs. Federal Elections Commission, Citizens United was the plaintiff.
fr: demandeur
Retainer
noun
An agreement between attorney and client specifying the nature of the services to be rendered and the cost of the services.
Example: David required the new client to sign a retainer before any more work would be done on the case.
fr: acompte
Rule of law
phrase
The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.
Example: In a world divided by differences of nationality, race, colour, religion and wealth the rule of law is one of the greatest unifying factors.
fr: Primauté du droit
Title
noun
The legal basis ownership of real or personal property or a document that serves as evidence of this ownership. Deeds for real estate, and titles for cars and boats are examples of titles.
Example: Title is a way in which a landowner justly possesses property.
fr: titre
Warranty
noun
Warranty, a promise or guarantee made by a seller or lessor about the characteristics or quality of property, goods, or services. In the event that a warranty is breached, the law provides the injured party with the right to monetary damages, repair of the original good, or replacement with substitute goods.
Example: Please keep in mind that it’s always a good idea to obtain a written copy of the contract before purchasing any additional warranty or service.
