Common Legal Terms (and What They Actually Mean)

Legal language can sometimes feel like a foreign language — full of words and phrases that sound complicated and confusing. At Brooker Law, we believe that understanding the basics of legal terminology should not require a law degree. Clear communication is part of respect and preparation. To help you navigate your legal journey with confidence, here is a guide to some common legal terms.

Petition/Complaint

A complaint is the document that starts a lawsuit. The person bringing the case (the plaintiff) explains what happened, outlines the elements of their claims, and identifies their damages and remedies — like seeking a money judgment or a court order. If a party wants a jury trial, this should usually be requested in the initial filing.

Defendant

The defendant is the person or business the lawsuit is filed against. They respond to the petition /complaint in a pleading called an answer and defend themselves against the claims. If you are involved in a legal case, it is important to know whether you are the plaintiff or defendant, because that impacts your role, responsibilities, and strategy.

Counterclaims

The defendant can assert claims back against the plaintiff and can seek their own damages and remedies. At times, these counterclaims must be asserted or they will be lost. When a counterclaim is asserted, the plaintiff is required to answer a counterclaim that has been asserted by the defendant.

Written Discovery

Written discovery is a part of the fact-finding phase of a lawsuit. Both sides exchange information. Interrogatories are written questions that must be answered under oath. Requests for production of documents seek documents, photographs, videos, correspondence and other information. Requests for admissions ask a part to admit or deny certain propositions. The goal is gather the information needed to prepare for trial. In many ways, this is like gathering all the pieces of a puzzle before trying to solve it. Complete discovery helps avoid surprises at trial.

Depositions

A deposition is a recorded, sworn interview where a witness or party answers questions asked by the other party's lawyer. This is done outside of court usually in a conference room but takes place under oath as if the witness was in front of a judge or jury. Depositions help lawyers understand what witnesses have to say and to prepare the case for trial. A corporate defendant can be presented with a list of topics and asked to produce a company representative to provide sword answers to those topics. In this instance, those answers become the knowledge of the company and will bind the company going forward in the case and at trial. If a witness gives a different answer to a question at trial, they can be impeached by their prior sworn testimony. This can be shown to the jury to challenge the witness's credibility and truthfulness.

Settlement

A settlement is an agreement reached between the parties to resolve the case without going to trial. It usually involves the defendant agreeing to pay money or take some action in exchange for the plaintiff dismissing the claims that were asserted in the lawsuit. Settlements can save time and reduce uncertainty, but they should be carefully considered. Some objectives cannot be achieved by a verdict along and require an agreement of the parties. These are important strategic considerations when deciding whether or not to settle.

Trial

A trial is the formal court process where both sides present evidence and arguments to a judge or jury who are the finder of fact that will ultimately decide the issues in dispute. After hearing everything, the judge or jury decides who wins and what damages, if any, are awarded. Trials follow strict rules and can be complex, which is why preparation is so important.

Damages

When a party has been seriously injured or damaged, we are not able to rewind the clock and go back in time. Instead, the tool that our justice system uses most of the time to account for when a party has been wronged is money damages. While not a perfect remedy, this is the tool available to the judge and jury. There are different types of damages that could be awarded depending on the evidence: economic damages cover actual losses like past and future medical bills and lost wages; non-economic damages compensate for past and future pain and suffering; punitive damages are meant to punish bad behavior that is reckless, outrageous, malicious, and/or undertaken with a conscious disregard for safety.

Liability

Liability means legal responsibility. If someone is liable, it means the law holds them accountable for harm or loss caused to another person. A party asserting a claim that another party was negligent must show that the party owed them a duty, that the party breached the duty, that the breach caused the injury, and that the party sustained damages.

Comparative Fault

When a plaintiff asserts a claim of negligence, the defendant may allege the fault of the plaintiff. For example, in a trucking collision, the plaintiff may allege that a truck driver failed to keep a proper lookout and caused the collision. The truck driver may alleged that the plaintiff failed to keep a proper lookout and caused the collision. The jury will be asked to assign a percentage of fault to each party for causing the accident based on the evidence presented at trial. Venue matters. In Missouri, a defendant is responsive for their share of damages. In Kansas, a defendant is only responsible for their share of damages if the plaintiff is less than 50% at fault. For example, if damages are $1,000,000 and the plaintiff is 50% at fault, in Missouri the plaintiff will recover $500,000 while in Kansas the plaintiff will recovery $0.00.

Motion

A motion is a formal request made to the court asking for a specific ruling or order. Lawyers file motions to resolve issues before, during, or after trial — for example, asking the court to dismiss a claim or to extend deadlines. The judge decides whether to grant or deny the motion.

Motion in Limine

The parties will often file motions in limine before trial asking the court to enter rulings on the admissibility of certain evidence or to prohibit parties from engaging in certain arguments or from seeking to discuss certain topics during the trial.

Appeal

An appeal is a request to a higher court to review the decision of a lower court. It’s not a new trial but a legal review to see if any mistakes were made that affected the outcome. Appeals focus on questions of law rather than re-examining facts. A party in Missouri and Kansas have a right to appeal a decision made at the trial court level. After the appeals court issues a decision, the parties can ask the state Supreme Court to take the case to further review the decision made by the appellate court. The appeal to the Supreme Court is not automatic and will only proceed if the Supreme Court accepts the application made by the appealing party.

Costs

A prevailing party is often entitled to an award of court costs. These costs can include filing fees, service fees, court reporter charges, etc. Sometimes, statutes permit attorney's fees to be taxed as costs to the prevailing party. Understanding whether or not attorney's fees can be taxed as costs is an important consideration for the parties to understand.

Statute of Limitations

This is a deadline under the law for when a lawsuit must be filed to preserve the claim. If you wait too long and miss this deadline, you usually lose the right to bring your case unless the wrong complained of could not have been discovered sooner in time. Time limits vary depending on the type of case and jurisdiction, so it’s important to act promptly.

Understanding these common legal terms can help you feel more confident and informed as you navigate the legal system. At Brooker Law, we are committed to clear communication and guiding you through every step with respect and clarity. If you have questions or want to learn more about your legal situation, we are here to listen and help.

This is general information, not legal advice. Every situation is different. A licensed attorney would need to review the details of your case. No attorney-client relationship is formed until we accept your case. If you want to learn more about how we work or take the next step, please reach out.