Legal Lingo: 6 Common Legal Terms to Be Aware of Before Going to Court

If you've found yourself in a position where you're headed off to court, it's important to understand the following common legal terms before your case is heard. Failure to understand these terms could result in you not getting the outcome you're hoping for, so be sure to have a read of this piece before going to court.

Solicitor 

Although most people use the terms lawyer and solicitor interchangeably, there is actually a difference between the two. For example, an Albury solicitor will deal mostly with contracts and providing personalised legal advice. In comparison, a lawyer who may work in the very same law firm will generally be the person who represents you in court. Most legal teams will have both a lawyer and a solicitor on them, with solicitors preparing the case while lawyers serve as the face of the team.

Alleged 

If you've been the victim of a crime, the term “alleged” is probably going to become your least favourite word. If you're the accused, however, this one simple word provides vital protection. Whenever a crime is being discussed – either in court or in the media, if there is coverage – the term “alleged” must be used until and unless the defendant is found guilty. This is to avoid causing prejudice, and in a very real way, it also protects the victim. If it is found that there has been prejudice during a case, the whole thing can be thrown out, so this legal term truly is crucial to ensuring the right outcome is achieved. 

Breach 

The term “breach” is often used when referring to the crime that has been committed. Put simply, this term is used to mean broken, as in, a certain law, standard, or regulation, has been breached. It is also commonly used in business law and will be one of the most used terms if you're in court for anything to do with a party not abiding by a contract. 

Exhibit

When used in the context of a court case, the term “exhibit” is a noun that generally refers to evidence that is being admitted into court. Each piece of evidence will be assigned a unique identifier, and this is how it is referred to when presented to the judge and/or jury. The most common example of this can be seen in pretty much every crime show ever when the lawyer presents "Exhibit A." However, identifiers can be far more complex than this in reality. 

Indictable Offence 

If you're facing an indictable offence, the metaphorical you-know-what has really hit the fan. This term is used for serious crimes and may require escalation to a higher level of court. 

Court cases dealing with indictable offences proceed in a much different manner than less serious cases and will often have a longer preparation period. The accused may also be held during the lead-up to the case. However, this depends on whether bail is granted. 

Party 

Our final term sounds fun but is actually rather simple. A party is simply an individual, business or organisation who is involved in the case. This can refer to both direct or indirect involvement (i.e. a complicit party is involved, whereas a third party is often an independent mediator). 

Court houses thrust us into a completely different world to the one we're used to inhabiting, and the language spoken is one of the most obvious differences. Being aware of these six common legal terms will help you navigate the experience and, hopefully, achieve your desired outcome.