Legal Terms and Definitions

Glossary of Legal Terms

Complainant Synonymous with "plaintiff," or, in criminal cases, the complaining witness. Motion A formal request presented to a court. Due process The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt Estate A collective term meaning all real and personal property owned by a person. Contract An oral or written agreement between two or more parties, which is enforceable by law. Instruction A direction given by the judge to the jury concerning the law to be applied in the case. Counterclaim A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff. Probate The process of proving the validity of a will.

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