Legal Terms in Plain English

The person or business that starts a civil lawsuit by filing a complaint. The plaintiff brings the claims and carries the burden of proof.

Learn more: How to Draft a Complaint: The First Step in Filing a Civil Lawsuit

The person or business being sued (or, in a criminal case, the person accused of a crime). The defendant must respond to the complaint by the deadline or risk a default judgment.

Learn more: Served With a Lawsuit? How to Respond

A Latin phrase meaning “for oneself” — representing yourself in court without a lawyer. Many courts offer self-help resources, and small claims courts are designed for pro se litigants.

Learn more: How to Sue in Small Claims Court

The document that starts a lawsuit. It explains who the plaintiff and defendant are, what happened, and what the plaintiff wants the court to do. Once it is filed and served, the defendant must respond by a deadline.

Learn more: How to Draft a Complaint: The First Step in Filing a Civil Lawsuit

The formal written response a defendant files after being sued, replying to each claim in the complaint. In it, you admit or deny the plaintiff's allegations and can raise defenses. Filing an answer on time avoids a default judgment.

Learn more: Served With a Lawsuit? How to Respond

A legal notice telling someone they have been sued and that they must respond by a deadline. The summons is delivered together with the complaint.

Learn more: Served With a Lawsuit? How to Respond

The formal delivery of legal papers, such as a summons and complaint, to the person being sued. Proper service gives the court power over the defendant and gives the defendant notice and a fair chance to respond. If service is defective, the case can be dismissed.

Learn more: Motion to Dismiss: What It Is, When to File, and How to Respond

The formal written documents in which the parties state their claims and defenses — most commonly the complaint and the answer. Pleadings lay out the issues the court will decide.

The legal basis for a lawsuit — the set of facts and law that give someone the right to sue. Breach of contract and negligence are different causes of action.

The court employee who handles paperwork: filing documents, keeping records, collecting filing fees, and maintaining the docket. Litigants interact with the clerk's office for almost every routine step in a case.

Learn more: How to Draft a Complaint: The First Step in Filing a Civil Lawsuit

The court's official calendar and record of every filing, hearing, and order in a case. You can typically look up a case's docket to see its full procedural history.

The money a court charges to accept certain documents, most commonly the fee to start a lawsuit. Fees vary by court and case type, and many courts allow fee waivers for people who cannot afford to pay.

Learn more: How to Sue in Small Claims Court

A written legal argument submitted to a court explaining why the law supports your position. Briefs cite statutes, cases, and court rules, and judges rely on them to decide motions and appeals.

Learn more: How to Write a Legal Brief: Structure, Format, and Best Practices

A written statement of facts that you sign under oath, usually in front of a notary. Courts use affidavits as sworn evidence when a witness cannot testify in person at a hearing.

Learn more: Summary Judgment: How It Works and How to Oppose It

A postponement of a court hearing or trial to a later date, granted by the judge. Courts grant continuances for good cause, such as illness or a scheduling conflict.

A formal written request asking the judge to make a ruling or take a specific action in a case. Examples include motions to dismiss, motions for summary judgment, and motions to compel.

Learn more: How to File a Motion in Court

A motion asking the judge to throw out all or part of a case before trial, usually because the complaint is legally insufficient or the court lacks jurisdiction. If granted, the motion can end the case early.

Learn more: Motion to Dismiss: What It Is, When to File, and How to Respond

A motion asking the judge to order the other side to comply with a discovery obligation — for example, to answer interrogatories or produce documents they have withheld.

A judgment entered against a defendant who failed to respond to a lawsuit by the deadline. It means the plaintiff wins without a full trial. Courts can set aside default judgments in limited circumstances.

Learn more: Served With a Lawsuit? How to Respond

A ruling by the judge that one side wins without a trial because the key facts are not in genuine dispute and the law clearly favors that side. It is decided on written evidence and legal arguments.

Learn more: Summary Judgment: How It Works and How to Oppose It

A court order directing someone to do something or to stop doing something. An injunction can be temporary (while a case is pending) or permanent (issued after trial).

Learn more: How to Draft a Complaint: The First Step in Filing a Civil Lawsuit

A court order telling someone to stay away from another person or to stop certain behavior, often issued in domestic-violence situations. Violating a restraining order can carry its own penalties.

Learn more: How to Get a Restraining Order: Step-by-Step Guide · How to Get a Restraining Order

A court order that protects someone from harassment or harm — for example, a domestic-violence protective order. The term also refers to an order limiting what the parties can do with sensitive information disclosed during discovery.

Learn more: How to Get a Restraining Order: Step-by-Step Guide

A court's legal authority to hear a particular case, based on geography, subject matter, or the parties involved. A court cannot act in a case it lacks jurisdiction over, and a case can be dismissed on that ground.

Learn more: Motion to Dismiss: What It Is, When to File, and How to Respond

The specific court location where a case is heard, usually where the events happened or where the parties live. Venue rules decide which courthouse hears a case, while jurisdiction decides whether a court has power over it at all.

Learn more: How to Sue in Small Claims Court

A law that sets a deadline for bringing a lawsuit. If you miss the deadline, the court will typically dismiss the case no matter how strong the facts are. Deadlines vary by state and by the type of claim.

Learn more: Statute of Limitations: How Long You Have

A request to a higher court to review a decision made by a lower court. An appeal is not a second trial — the higher court reviews the record for legal errors. Deadlines for filing an appeal are usually very short.

The pre-trial phase where each side gathers evidence from the other side and from third parties. Common tools include interrogatories, requests for documents, and depositions, all limited by court rules.

Learn more: What Is Discovery? Understanding the Discovery Process in Civil Litigation

A formal out-of-court questioning session where a witness answers questions under oath, with lawyers present and a transcript recorded. Depositions are a common part of discovery and happen before trial.

Learn more: How to Prepare for a Deposition: Tips for Witnesses and Parties

Written questions one side sends to the other during discovery, which must be answered in writing and under oath within a set time. They help each side learn the other's version of the facts.

Learn more: What Is Discovery? Understanding the Discovery Process in Civil Litigation

A court-issued order requiring someone to appear — for example, to testify at a hearing or deposition, or to produce documents. Ignoring a valid subpoena can result in penalties.

Learn more: How to Subpoena Phone Records, Emails, and Social Media

A document, photo, object, or other item formally introduced as evidence in a case. Exhibits are usually labeled and numbered — for example, “Exhibit A” — and are attached to filings or shown during testimony. Deposition exhibits are marked during questioning and can be used later at trial.

What a witness says under oath in court or in a deposition. Testimony becomes part of the official record and can be challenged through cross-examination.

Learn more: How to Prepare for a Deposition: Tips for Witnesses and Parties

Questioning of a witness by the opposing side after the first round of questioning ends. Its purpose is to test the accuracy and credibility of what the witness said.

Learn more: How to Prepare for a Deposition: Tips for Witnesses and Parties

The obligation to prove the facts of your case. In a civil case the plaintiff usually carries it; in a criminal case the prosecution must prove guilt beyond a reasonable doubt.

Learn more: How to Fight a Restraining Order: Your Legal Rights

The standard of proof in most civil cases: the winning side must show its version of the facts is more likely true than not (more than 50%). It is a lower bar than “beyond a reasonable doubt”.

Learn more: How to Get a Restraining Order: Step-by-Step Guide

Money that a court orders one side to pay the other as compensation for a loss. Damages can cover medical bills, lost wages, property loss, and other harm caused by the other party. Compensatory damages repay actual losses; punitive damages additionally punish especially bad conduct.

Learn more: What to Do After a Car Accident: Legal Steps to Protect Your Rights

Money a court awards to punish a defendant for especially reckless or intentional misconduct and to discourage others from doing the same. Punitive damages are added on top of compensatory damages and are not available in every case.

Learn more: Understanding Wrongful Death Claims: Who Can Sue and for What

Failure to use the level of care a reasonable person would, where that failure causes someone else's injury or loss. Negligence is the basis of many personal-injury and malpractice claims.

Learn more: Understanding Medical Malpractice: When to Sue a Doctor

Legal responsibility for harm or loss. A person or business found liable must typically pay damages or otherwise remedy the harm.

A civil wrong that harms someone, other than a broken contract. Examples include negligence, defamation, and trespass. Tort cases are typically about getting compensation for harm.

Learn more: What Is Defamation? Libel vs. Slander Explained

An agreement between the parties to end a dispute without a final court decision, usually involving a payment in exchange for dropping the case. Most civil cases settle before trial.

Learn more: What Happens After You File a Complaint: A Timeline of Civil Litigation

A payment arrangement where a lawyer is paid a percentage of the money you recover, usually only if you win or settle. If you recover nothing, the lawyer typically receives no fee, though costs may still be owed.

Learn more: How to Prepare for Your First Attorney Consultation: Documents, Questions, and What to Expect

A voluntary process where a neutral third person (the mediator) helps the two sides negotiate their own settlement. The mediator does not decide the case — the parties decide, and a deal becomes binding when written and signed.

Learn more: The Divorce Process: A Comprehensive Step-by-Step Guide

A way to resolve a dispute outside court where a neutral person (the arbitrator) hears both sides and makes a decision. Many contracts include arbitration clauses that require disputes to go this route instead of court.

Learn more: How to Read a Contract Before Signing: Key Clauses to Watch For

A court that handles small-dollar disputes with simplified rules and low filing fees, designed for people without lawyers. The maximum amount you can sue for varies by state.

Learn more: How to Sue in Small Claims Court

The jury's formal decision in a case — for example, finding a defendant liable or not liable. In a bench trial, the judge plays the jury's role and issues the decision.

The court's final decision in a case, stating who wins and what the losing side must do — often pay money. A judgment can be enforced through tools like wage garnishment or liens on property.