A
action. A lawsuit filed with a court.
administrator. The person appointed by a probate court to administer the estate of someone who has died. Also known as a personal representative or executor/executrix.
admissible. Evidence that can be properly presented in court and considered by the judge or jury.
affidavit. A notarized, written statement about facts, made under penalty of perjury.
agent. A person who is authorized to carry out activities on behalf of another, known as a principal, and to enter into agreements that bind the principal.
alternative dispute resolution (ADR). A process of settling a dispute without the necessity of a formal lawsuit or trial; includes arbitration, mediation, and settlement.
answer. The pleading by which a defendant responds to the plaintiff’s allegation of facts known as a complaint.
appeal. A proceeding in which a higher court or tribunal reviews the decision of a lower court, agency, or arbitration award.
appellant. The party who has appealed a decision or judgment to a higher court or tribunal. Also known as an appellant-petitioner.
appellate court. A court or tribunal having jurisdiction to review the judgments of a lower court, agency, or arbitration award.
appellee. The party against whom an appeal is filed. Also known as an appellee-respondent.
arbitration. A mandatory or voluntary proceeding to resolve a dispute conducted outside the courts by one or more independent third parties selected by the parties to the dispute. Arbitration awards may or may not be final or appealable.
articles of incorporation. A document filed with a state in order to formally create a corporation’s legal existence.
articles of organization. A document filed with a state in order to formally create a limited liability company’s legal existence.
assignment. A transfer by its owner to another of an asset or right (e.g., copyright).
author. The creator of a work.
B
bad faith. Dishonesty or deceit in a transaction, such as entering into an agreement with no intention of performing according to its terms.
bailment. A relationship created when one’s property is in the rightful possession of another (e.g., a manuscript sent to a publisher for evaluation). The custodian of the property (publisher) is known as a bailee, while the owner of the property (author) is a bailor.
bankruptcy. Judicial proceedings in which persons or businesses that are legally insolvent may satisfy creditors or discharge debts.
beneficiary. The person or entity designated to receive a benefit through a formal instrument, such as a will, trust, insurance policy, or the like.
bequeath. To give money to another through a will.
bequest. The money or property given through a will.
Berne Convention. Technically, the Convention for the Protection of Literary and Artistic Works. One of the oldest multinational treaties dealing with international copyright protection.
board of directors. The group charged by state law and elected by a corporation’s shareholders to run the business and affairs of a corporation.
breach of contract. Failure to perform a contractual obligation.
burden of proof. The obligation of the party bringing a lawsuit to prove its case. Generally, in criminal cases, the state must prove its case beyond a reasonable doubt. In civil cases, the plaintiff must prove its case by a preponderance of evidence. In a case of fraud, proof must be by clear and convincing evidence.
bylaws. A corporation’s internal rules and regulations.
capital gain. The profit made from the sale of a capital asset, such as real estate, stocks, and bonds.
capital loss. The loss that results from the sale of a capital asset, such as real estate, stocks, and bonds.
case law. Law based on judicial decisions.
cause of action. A lawsuit.
caveat emptor. Latin for “Let the buyer beware.” The doctrine that a buyer assumes the risks of purchase.
charitable trust. A trust set up to fulfill a charitable mission.
citation. In legal reference, a means for identifying a case, administrative proceeding, rule, statute, and the like.
civil action. A noncriminal lawsuit. A lawsuit filed by a person or company to redress a wrong (tort) or to obtain a benefit (contract). Differs from a criminal action, brought by a government (local, state, or federal) for violation of a penal statute (felony, misdemeanor).
claim. An assertion of a right to money, property, or some other benefit or forbearance.
clear and convincing evidence. The standard of proof requiring that the truth of the facts asserted be highly probable.
codicil. An addition to a will.
collective work. A work, such as a periodical, anthology, or encyclopedia, in which several independent works are assembled into a collective or unitary whole.
common law. Law arising from tradition and judicial decisions rather than laws, rules, and regulations.
complaint. The initial document filed in court by a party making a claim.
condition. A circumstance imposed or agreed to by the parties to a contract, before or after which performance or forbearance must occur.
conservator. A person with the legal right and obligation to manage the property and financial affairs of another.
consideration. Something of value given in return for something else of equivalent value, including money, property, performance, or forbearance.
contract. A legally enforceable agreement between two or more parties.
compilation. A work consisting of several other independent works.
consent. An agreement.
copyright. The right to publish, distribute, reproduce, or display a work, or to exclude others from doing the same. In the United States, it is authorized by Article I, Section 8, Clause 8 of the Constitution. This is based on the original copyright law, first adopted in England in 1710 as the Statute of Anne.
corporation. A hypothetical legal person created by statute for the purpose of engaging in lawful activity. It may be for commercial purposes (a business corporation) or for charitable purposes (nonprofit corporation).
counterclaim. A claim by a defendant in a civil case against the plaintiff.
court costs. The fees assessed by a court for use of its resources in connection with a court proceeding.
D
damages. Monetary compensation that may be recovered in the courts by any person who has suffered loss, detriment, or injury to his or her person, property, or rights through the unlawful act of, breach of contract by, or negligence of another.
declaration. A written statement about facts, made under penalty of perjury. Unlike affidavits, declarations are typically not notarized.
defamation. The act of injuring a person’s reputation.
defendant. The person or entity against whom a lawsuit is brought. In domestic relations matters, often known as the respondent.
donor. A person or entity that gives money or property to another (e.g., donations to charity).
dramatic work. A work that is performed, such as a play, screenplay, script, film, or video.
due process. The regular course of administration of law through the courts or administrative bodies.
duress. Conduct that attempts to compel a person to do something he or she otherwise would not do.
duty to warn. The legal obligation to warn of a potential danger.
elective share. The right of a spouse under probate law to take a specified portion of an estate when the other spouse dies, regardless of what was stated in the will.
employee. A person hired by another to provide services not as part of an independent business.
enjoin. A court’s action, through the issuance of an order, to require a person to perform or to abstain from a specific act.
equitable action. An action brought to restrain a wrongful act or prevent a threatened illegal action. Historically, under English common law, courts were divided into two categories: the Court of Law, which was sanctioned by the king pursuant to writs issued by the king, and the Court of Equity, established for the purpose of dealing with all other legal process, including ecclesiastical. In the United States today, law and equity have merged. Juries may consider only claims at law—claims in equity may be heard only by judges.
escheat. The process by which a deceased person’s property goes to the state if no heir can be located.
estate. A person or entity’s personal property, real property, and intangible property.
estate tax. A tax assessed against the taxable assets of an estate.
executor/executrix. See administrator or personal representative.
express warranty. An explicit promise or statement concerning the quality of goods or services.
F
fair use. An exception to copyright protection that allows people to legally use protected works, without the owner’s permission, for purposes such as research, criticism, and news reporting.
federal law. Federal statutes, regulations, and rules having the force of law.
fiduciary. A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other’s benefit. For example, a guardian, trustee, or executor.
forbearance. The agreement or obligation of a party not to take an action.
fraud. Intentional act designed to induce or deprive another person through deception.
G
general partner. A partner who has the right and obligation to participate in the management of a partnership, and has unlimited personal liability for its debts.
good faith. Honesty in a transaction, such as entering into an agreement with every intention of performing according to its terms.
grantee. A person who receives property from another, either outright or through a trust.
grantor. The person who gives property to another, either outright or through a trust.
guardian. A person appointed by the court to be responsible for the care and management of affairs for another, generally an incompetent adult or a minor.
H
hearsay. Statement by a person who did not have firsthand knowledge of the content of the statement. Hearsay is generally inadmissible in court.
holographic will. A handwritten will.
I
implied contract. Not explicitly written or stated. Determined by deduction from known facts or from the circumstances or conduct of the parties.
implied warranty. A guarantee imposed by law even in the absence of an explicit promise.
income tax. A tax levied on income or receipts.
incompetent. Unable to make or carry out important decisions.
independent contractor. A person or business who performs services for others but is not subject to the other’s direct control.
infringement. Violation of another’s intellectual property right, such as a copyright, trademark, or patent.
inheritance tax. A state tax levied on an heir or beneficiary for property received under a will.
injunction. An order of the court prohibiting or compelling the performance or forbearance of a specific act.
intangible assets. Items, such as intellectual property or other rights, that do not have physical manifestation but nevertheless have value.
intellectual property. A form of creative expression that can be protected through copyright, trade dress, trademark, trade secret, patent, and the like.
inter vivos gift. A gift made during the donor’s lifetime.
inter vivos trust. A trust created during the trustor’s lifetime.
intestate. Dying without a will.
intestate succession. The order of distribution of the property of a person who has died without a will. This order varies from state to state.
irrevocable trust. A trust that may not be revoked by the trustor.
J
joint tenancy. A form of property ownership in which two (or more) surviving parties own undivided interests in property, and the co-owner becomes the sole owner of the property after the other co-owner dies.
joint work. A work prepared by two or more authors with the intent that their contributions be merged into inseparable or interdependent parts of a unitary whole.
judgment. The final disposition of a lawsuit.
jurisdiction. A court’s ability to hear a case brought before it.
just cause. A legitimate and lawful reason for taking a particular action.
L
liable. Legally responsible.
libel. A form of defamation expressed in the form of written words or graphic images.
license. A legal right or permission. In copyright, authorization to use another’s work for certain purposes or under certain conditions.
lien. A claim against another person’s property. Liens may be created by common law, statute, or contract. (For example, a mechanic’s lien is given for payment of work performed on another’s property.)
limited liability company. A hypothetical legal person created by statute for the purpose of conducting business.
limited partner. A partner who provides financial backing to a limited partnership but whose liability for partnership debts is limited to his, her, or its investment.
limited partnership. A partnership with one or more general partners and one or more limited partners.
literary work. Work consisting of text, such as books and articles.
litigant. A party in a lawsuit.
living trust. A trust created during the lifetime of the grantor. Also known as an inter vivos trust.
M
mediation. A form of alternative dispute resolution in which the parties voluntarily bring their dispute to a neutral third party who helps them to reach a voluntary settlement.
minor. A person who does not have the legal rights of an adult, generally under the age of eighteen.
N
negligence. Acting or failing to act in accordance with the standards established for a reasonable person in the particular locale.
nom de plume. Literally, “pen name.” A name that is not a writer’s real name. Also known as a pseudonym.
notary public. Any person commissioned by the state to perform notarial acts as defined by law.
O
obligation. The requirement to do or refrain from doing what is imposed by a law, promise, contract, or court order.
offer. An act expressing willingness to enter into a contract.
officers. The people charged with day-to-day responsibility for running a corporation, such as the president and chief financial officer.
operating agreement. A limited liability company’s internal rules and regulations.
opinion. A written decision of a court that explains the rationale behind the decision.
option. A type of contract that gives the holder the right to buy or sell a specific property at a fixed price for a limited period of time.
P
party. A person named in a contract or legal proceeding. Plaintiffs and defendants are parties to initial lawsuits; appellants and appellees are parties in appeals. (In domestic relations matters, the parties are often known as petitioners and respondents.)
partnership. An association of two or more persons who are engaged in a business for profit.
performance. The taking of an action.
perjury. The criminal offense of making a false statement under oath.
personal property. Tangible physical property and intangible assets that are not land or rights in land.
personal representative. See administrator or executor/executrix.
plagiarism. Claiming the work of another as one’s own.
plaintiff. The person who files a complaint in a civil lawsuit. In domestic relations matters, often known as the petitioner.
precedent. A previously decided case or course of conduct that guides future decisions.
preponderance of evidence. A standard of proof requiring the weight of the evidence to make a particular finding more probable than improbable.
presumption. A rule of law establishing that a particular hypothesis is true unless evidence to the contrary is presented to rebut it (e.g., a criminal defendant is presumed innocent until proven guilty).
principal. The person an agent serves and who may be legally bound by the agent.
probate court. The court with authority and obligation to supervise estate administration.
probate estate. Estate property that may be disposed of by a will.
property right. The right to use or possess a determinate thing.
publication (copyright context). Distribution of copies of a work to the public by sale or other transfer of ownership such as by gift, rental, lease, or lending. The phrase “copies of a work” includes the original work.
publication (defamation and privacy context). Communication to third parties.
R
real property. Land, buildings, and the improvements thereon.
reasonable care. The level of care an ordinary person would use under specific circumstances.
reasonable doubt. A standard of proof in which uncertainty is created in the mind of the person considering the evidence.
receiver. A person appointed by a court or government agency to manage the property of another.
registration. The record of a copyright held by the US Copyright Office.
royalty. A sum paid for the sale or use of works or other subject matter.
S
settlor. See grantor.
slander. A form of defamation expressed orally.
sole proprietorship. The method of conducting business by an individual who has full personal liability for all acts and contracts of the business.
specific performance. The requirement of a person (by a court) to perform specifically what he or she originally agreed to do.
standing. The legal right to sue or pursue a claim on a particular matter.
stare decisis. The doctrine that courts will adhere to the principles established in prior cases.
state law. Statutes, regulations, and rulings having the force of law.
statutes. Laws enacted by legislatures.
statute of frauds. A body of laws requiring certain transactions to be evidenced by a writing to be enforceable.
statute of limitations. Sometimes referred to as statute of repose, a law setting the time period within which a lawsuit must be filed. It is intended to balance the rights of the parties by providing a limited period within which rights may be enforced and wrongs redressed. After the period expires, the other party may claim the statute as a defense to the action.
stay. An order suspending a judicial proceeding.
subpoena. A court order compelling the attendance of a witness.
subpoena duces tecum. A court order that requires a witness to produce certain documents or records.
substantive law. Law dealing with the rights, duties, and liabilities of people, as opposed to law that regulates procedures followed by courts and agencies.
suit in equity. See equitable action.
summary judgment. A court order issued in a lawsuit because there is no triable issue of fact.
T
testamentary capacity. The legal ability to make a will.
testamentary trust. A trust set up pursuant to a will.
testimony. Spoken evidence given under oath.
third-party claim. A claim filed by a defendant that brings a previously unnamed third party into an existing lawsuit.
title. Legal ownership of or to property.
tort. A civil wrong.
trademark. A word, symbol, or design used to distinguish the goods and services of one person or organization from others in the marketplace.
trust. A legal instrument used to manage property, established by one person for the benefit of him- or herself or another.
trustee. A person who manages property held in trust.
trustor. See grantor.
U
Universal Copyright Convention. A multinational copyright treaty.
venue. The particular court in which a case is to be tried. Venue should be distinguished from jurisdiction (i.e., only federal courts have jurisdiction over copyright cases), but the particular federal court in which a copyright case is to be tried will have venue over that case.
verdict. The decision rendered by a jury.
vicarious liability. Indirect liability for the actions of other.
W
waive. To voluntarily give up a right or a claim.
warranty. A kind of contract with respect to property. For example, a deed for the sale of land can be a full covenant and warranty deed, or a warranty may be granted when personal property is sold.
will. The legal declaration that governs the disposition of a person’s property when that person dies. Also often known as a last will and testament.
work. Text, images, music, or performances.