One of the most famous fictional lawyers in recent history is Elle Woods, the fictional main character in the novel Legally Blonde[i], who sought admission to Harvard Law School in part because of her comfort using legal jargon in everyday life.[ii] Although Elle initially had difficulty fitting in with her classmates, she ultimately made the law feel more accessible for her client and in the courtroom.[iii] While you should always consult a lawyer to assist you with your legal questions, here are some terms that you are likely to encounter in any legal dispute:

Affidavit: “[S]worn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge.”[iv]

Arbitration: A confidential process by which the parties agree to have a private neutral, or panel of neutrals, hear their case.[v] It typically has less discovery than traditional litigation in court[vi]  and limited appellate options.[vii]

Brief: A written argument submitted to the court, explaining and analyzing the applicable factual and legal support.[viii]

Burden of proof: “[S]tandard that a party seeking to prove a fact in court must satisfy to have that fact legally established.”[ix]

Complaint: A pleading that starts the case.[x] It must state all of a plaintiff’s claims against a defendant, and the remedy sought.[xi]

Deposition: The “recorded sworn oral testimony of a party or witness before trial.”[xii] It is usually used as a discovery tool to gather information.

Discovery: “The formal process of exchanging information between the parties about the . . . evidence they will present at trial.”[xiii]

Evidence: Any way to communicate information that tends to prove or disprove a fact at issue.[xiv] Can be physical evidence, such as a photograph, a video, a laboratory result, or a contract, or testimonial evidence, such as a witness’s account of what they know.[xv]

Hearsay: “[A]n out-of-court statement offered to prove the truth of whatever it asserts[.]”[xvi] For example, “he told me that the car was red” is hearsay if used to prove that the car was red.

Impeachment: “[R]efers to the process of discrediting or undermining the credibility of a witness during a trial, by presenting evidence or asking questions that contradict their testimony or reveal a bias, inconsistency, or falsehood in their statements.”[xvii]

Judgment: Final decision made by the court regarding all the rights and obligations of the parties.[xviii]

Jury: “[G]roup of people empowered to make findings of fact and render a verdict for a trial.”[xix]

Mediation: A process of guided negotiation, with a private neutral person helping the parties reach a compromise settlement. It is confidential and voluntary.

Motion: A formal request by a party to a judge “for a desired ruling, order, or judgment.”[xx] Can be made in writing or verbally in open court (a.k.a. ore tenus).

Objection: “[F]ormal protest raised by a party or counsel during a legal proceeding asserting that an error, contrary to the rules of evidence or other procedural law, has been or will be made.”[xxi]

Opinion: “[A] court’s written statement explaining the court’s decision for the case.”[xxii]

Preponderance of the evidence: “[B]urden of proof in a civil trial.”[xxiii] This burden is, “[M]et when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.”[xxiv]

Testimony: “[O]ral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures.”[xxv]

Verdict: Final decision reached by the factfinder, whether a judge or a jury, after trial.[xxvi]

Voir dire: “[P]rocess through which potential jurors are questioned by either the judge or a lawyer to determine their suitability for jury service.”[xxvii]

Takeaway

Your lawyers are professionals who have spent considerable time and energy learning how to represent you. But the legal system should be accessible to everyone. If you have questions about what something means, do not hesitate to ask your attorney to explain it. The attorney-client relationship is the bedrock of success in any legal dispute, and all attorneys want their clients to have the information and tools they need to make the most informed decisions.

Keep Reading

My Top Three Favorite Time Management Hacks as an Associate Attorney Whose Burden Is It Anyway? Misclassification Under the FLSA May Expose Employers to Expanded Liability The Power of Play: Hobbies Make Me a Better Lawyer, And Make Us All Better People The Fate of State Tort Claims in the Trucking Industry: SCOTUS To Decide In Montgomery v. Caribe Transport II, LLC Getting Pickled: Pickleball Paddle Company Sued Over Mislabeled Paddles; Court Recommends Preliminary Settlement Approval Blind Spots and Deep Pockets: Apportionment After the $45 Million Zemo Verdict Medical Center of Central Georgia, Inc. v. Turner: $7.2 Million Jury Award in Wrongful Death Case Pennsylvania Legislature Considers Law to Permit Specification, and Anchoring, of Noneconomic Damages Figures by Plaintiffs’ Attorneys in Civil Jury Trials

More by this author

It’s All Legalese to Me: How Taking Responsibility Can Help Avoid Liability I Object! Are You Comfortable Using Legal Jargon in Everyday Life? Laughing Gas Is No Laughing Matter: New Lawsuit May Impose Strict Liability on Nitrous Oxide Manufacturers for Marketing Practices In Florida, What You See is What You Get Whether You Click on It or Not

Sources

[i] Amanda Brown, Legally Blonde (2001).

[ii] Wikipedia, Elle Woods, https://en.wikipedia.org/wiki/Elle_Woods (last accessed Aug. 25, 2025, at 5:40pm).

[iii] Id.

[iv] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/affidavit (last accessed Aug. 25, 2025).

[v] Pepperdine Law Blog, Arbitration v. Litigation: Choosing the Right Path, https://law.pepperdine.edu/blog/posts/

arbitration-vs-litigation-choosing-the-right-path.htm, Apr. 4, 2024 (last accessed Apr. 24, 2025).

[vi] Id.

[vii] Id.

[viii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/brief (last accessed Aug. 18, 2025).

[ix] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/burden_of_proof (last accessed Aug. 25, 2025).

[x] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/complaint (last accessed Aug. 18, 2025).

[xi] Id.

[xii] National Institute of Justice, Law 101: Legal Guide for the Forensic Expert, https://nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/depositions/definition-deposition (last accessed Aug. 18, 2025).

[xiii] American Bar Association, How Courts Work, https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/, Nov. 28, 2021 (last accessed Aug. 18, 2025).

[xiv] See Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/evidence (last accessed Aug. 18, 2025).

[xv] See id.

[xvi] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/hearsay (last accessed Aug. 18, 2025).

[xvii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/impeachment_of_a_witness (last accessed Aug. 18, 2025).

[xviii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/judgment (last accessed Aug. 25, 2025).

[xix] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/jury (last accessed Aug. 25, 2025).

[xx] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/motion (last accessed Aug. 18, 2025).

[xxi] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/objection (last accessed Aug. 25, 2025).

[xxii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/opinion (last accessed Aug. 25, 2025).

[xxiii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/preponderance_of_the_evidence (last accessed Aug. 25, 2025).

[xxiv] Id.

[xxv] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/testimony (last accessed Aug. 25, 2025).

[xxvi] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/verdict (last accessed Aug. 25, 2025).

[xxvii] Cornell Law School, Legal Information Institute, https://www.law.cornell.edu/wex/voir_dire (last accessed Aug. 25, 2025).