Unlocking the Legal Lexicon: How Pre-Law Jargon Prepares Students for Success

By Dikshya Adhikari.

Reading time: four minutes

For those outside of the legal industry or profession, the word “law” itself might be somewhat frightening. Because of the nature of legal studies, which take decades to finish, becoming a barrister in the UK requires a B.A.LL.B. degree, which typically takes five years. For each law graduate, obtaining a bar license is an additional difficult task. All of these, however, come after law school.

Sometimes it might be challenging for us to comprehend and formulate the atmosphere and system in law school, as we were not well informed before enrolling. For example, legal terminology may sound and look similar to terms we use every day, yet they may have very distinct meanings. It is probably difficult for someone who is not involved in the legal profession to understand the jargon used by law firms, law schools, and other legal professionals.

After entering a law school, one may learn anything in the legal field, but learning new things also requires time. Lack of knowledge of certain terms and concepts also makes it more difficult to take advantage of numerous possibilities to gain experience. Occasionally, a person spends their whole first year of law school adjusting to the environment and studying from “Black’s Law Dictionary” or any other legal dictionary just to be familiar with the legal terminologies.

Rather than that, every potential law student may greatly benefit from understanding a few key terminologies and ideas to make a lasting impression on their lecturers and classmates in the law classroom.

 Here are a few key legal terms and principles that every prospective law student should be aware of and comprehend.

Legal Concepts

1. Common Law

The court procedures or efforts made by the judges gave rise to and evolved the Common Law. The common law system is a body of law that results from judicial decisions, precedents, or case law.

2. Statutory Laws

Statutory laws are a set of laws enacted by a governing body of individuals. They are government-created, i.e., legislative bodies (legislation), and apply to all laws passed by the government.

3. Precedent

A legal decision or form of proceeding serving as an authoritative rule or pattern. A judge-made law is known as a precedent. When judges encounter cases not covered by existing laws, they can create new legal principles through their judgments. These precedents serve as guidance for future cases and can suggest areas where legislative bodies may need to make amendments.

4. Tort

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

5. Equity

Equity refers to a certain collection of remedies and processes linked to civil law. It is a discipline of law that evolved alongside common law to provide remedies that were not previously accessible at law.

Legal Procedures

1. Litigation

The process of taking a case to court to have a decision rendered through a lawsuit or other legal action or proceeding.

2. Trial

A formal procedure by which a competent tribunal investigates the issues in a civil or criminal case to ascertain the facts and deliver its decision.

3. Appeal

A request for a higher court to examine a decision rendered by a lower court is known as an appeal.

4. Cross-examination

The questioning of a witness in a trial by the opposing party.

5. Discovery

Discovery is the process by which parties to a lawsuit obtain information from each other.

6. Habeas Corpus

Habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court. It can only be started by filing a writ petition.

Legal Terms and Phrases

1. Actus reus

The wrongful act that makes up the physical action of a crime.

2. Mens rea

The mental intention or knowledge to commit a crime.

3. Ultra vires

This is beyond the scope or above legal power or authority.

4. Obiter dictum

This is an incidental and collateral opinion that is uttered by a judge but is not binding.

5. Prima facie

This is based on the first impression; accepted as correct until proven otherwise.

6. Per incuriam

Per incuriam, meaning “through lack of care,” refers to a court decision that was made without regard for a legislative requirement or a previous ruling that would have been applicable.

7. Locus standi

The right of a party to appear and be heard before a court.

Legal Latin Terms and Phrases

1. Pro bono

Pro bono, derived from the Latin phrase pro bono publico, translates to “for the public good” and typically describes professional services provided at no cost or at a reduced fee, often benefiting nonprofit organizations.

2. Ipso facto

Ipso facto, a Latin expression meaning “by the fact itself,” indicates that a particular event is a direct result or consequence of the action itself, rather than being caused by another preceding action.

3. Ultra vires

A Latin word in law, refers to an activity carried out without the required legal permission. In contrast, an action taken within the proper authority is referred to as intra vires and such activities are regarded lawful, but those judged supra vires are considered invalid.

4. In-Camera

“In camera” is a Latin term meaning “in chambers,” which signifies that certain parts of a case are conducted privately before a judge, excluding the press and the public.

Consequently, there are still a lot of terms and phrases that aspiring law students need to understand as quickly as possible. These include legal systems, legal principles, legal ethics (confidentiality, conflict of interest, etc.), and many more. The list of crucial terms, concepts, and phrases is never-ending, but it shouldn’t be too difficult if students learn a few terms every day.

There are many materials available to help one learn and comprehend legal jargon. The first and most useful would be legal dictionaries, which are widely accessible on the market and may be accessed for free online. Additionally, Alison, edx, and Class Central are offering free online lessons on these subjects.

Therefore, getting started early never wastes time and helps open up novel possibilities for you in the future.