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Judgment and Remedies: 8 Key Legal English Words – Legal English Litigation Vocabulary Series – Part 7
Introduction To Judgment & Remedies.
When a trial concludes, the court enters its decision—and the consequences become real. Whether seeking financial compensation, injunctive relief, or a final declaration of rights, attorneys must be fluent in the specialized Legal English used to discuss judgment and remedies. This post—Part 7 in our 8-part Litigation Vocabulary Series—offers essential legal vocabulary to help international lawyers confidently navigate post-verdict proceedings and enforce outcomes across jurisdictions.
8 Key Words for Judgments and Remedies
1. Verdict
Definition:
The final decision by a jury (or a judge in a bench trial) on the issues presented during trial.
Example:
The jury returned a verdict in favor of the plaintiff, awarding $500,000 in damages.
Legal Context:
The verdict may be general (a simple decision for one party) or special (answering specific factual questions). It forms the basis for the court’s judgment and must be consistent with the instructions and law.
- General verdict: A blanket decision on liability and damages.
- Special verdict: A decision that breaks down findings on each legal element.
2. Judgment
Definition:
The official decision of the court that resolves the legal dispute and concludes the case.
Example:
The court entered judgment in favor of the defendant and dismissed the case with prejudice.
Legal Context:
Judgment may include monetary awards, declaratory relief, or injunctive orders. It may be final or interlocutory (temporary). Lawyers may also move for post-judgment relief to modify, enforce, or appeal the judgment.
- With prejudice: The case is permanently dismissed and cannot be refiled.
- Interlocutory judgment: A ruling on part of the case that does not resolve all issues.
3. Compensatory Damages
Definition:
Monetary compensation awarded to make the injured party whole.
Example:
The court awarded $250,000 in compensatory damages for lost wages and medical expenses.
Legal Context:
These damages aim to restore the plaintiff to the position they were in before the harm occurred. Common categories include economic (like lost income) and non-economic (like pain and suffering) damages.
- Economic damages: Tangible, quantifiable losses.
- Non-economic damages: Intangible harms such as emotional distress.
4. Punitive Damages
Definition:
Damages awarded to punish the defendant for egregious conduct and deter future wrongdoing.
Example:
The jury awarded $1 million in punitive damages due to the defendant’s intentional fraud.
Legal Context:
Punitive damages are not tied to the plaintiff’s loss but instead focus on the defendant’s misconduct. They are awarded in addition to compensatory damages and are subject to constitutional limits in some jurisdictions.
5. Injunction
Definition:
A court order that requires a party to do or stop doing a specific act.
Example:
The court issued a permanent injunction barring the company from using the plaintiff’s trademark.
Legal Context:
Injunctions may be temporary, preliminary, or permanent. They are often used in intellectual property, employment, and commercial disputes. To obtain one, the party must demonstrate irreparable harm and lack of an adequate remedy at law.
- Irreparable harm: A type of injury that cannot be adequately compensated by money.
- Remedy at law: A legal (usually monetary) solution rather than equitable relief.
6. Declaratory Judgment
Definition:
A legal determination that resolves uncertainty by declaring the rights or obligations of parties.
Example:
The court entered a declaratory judgment affirming the plaintiff’s right to terminate the contract.
Legal Context:
Declaratory relief is often used preemptively to resolve disputes before they escalate. It provides clarity, especially in contract and insurance cases, without necessarily awarding damages.
7. Costs and Fees
Definition:
Court-ordered payment of litigation expenses and, in some cases, attorney’s fees.
Example:
The prevailing party moved for an award of costs and attorney’s fees under the contract’s fee-shifting clause.
Legal Context:
Typically, the prevailing party may recover costs such as filing fees, transcripts, and service fees. Attorney’s fees are only awarded when authorized by statute, contract, or specific court rules.
- Fee-shifting clause: A contract provision requiring the losing party to pay legal fees.
- Prevailing party: The party that achieves a favorable judgment.
8. Equitable Relief
Definition:
A remedy that involves non-monetary court action, such as injunctions, restitution, or specific performance.
Example:
The court granted equitable relief by ordering the return of property rather than monetary compensation.
Legal Context:
Equitable remedies are discretionary and based on fairness. They typically apply when legal (monetary) remedies are insufficient. Equitable principles—such as clean hands and balancing the equities—guide these decisions.
- Clean hands doctrine: A party seeking equity must be free of wrongdoing.
- Balancing the equities: The court considers fairness to both sides when granting relief.
Conclusion
Understanding the vocabulary of judgment and remedies is essential not just for winning a case—but for securing a result that actually serves your client’s interests. Whether negotiating a settlement, seeking injunctive relief, or filing a motion for attorney’s fees, mastery of this Legal English allows attorneys to act decisively and precisely in post-trial litigation.
For further information.
Judgment – Legal Information Institute
Injunction – U.S. Courts GlossaryBuild Your Legal English Skills with Confidence
Clear, confident communication is essential for every lawyer. Whether you’re working on conversations, meetings, or documents, strong Legal English helps you succeed. Book a free coaching session and start building skills you can use in any area of legal practice.
Disclaimer
DISCLAIMER: The content provided herein is only for discussion purposes and may contain errors. The reader is responsible to confirm the accuracy of the information provided. The content does not constitute legal or professional advice. We disclaim any liability for any loss or damage incurred directly or indirectly from the use of this information.
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The Trial Stage Legal English Vocabulary – 8 Essential Litigation Vocabulary Terms- Part 6
Introduction To The Trial Stage.
The trial is the culmination of months—or years—of litigation strategy. At this stage, clarity in courtroom communication is paramount. Whether addressing the judge, persuading a jury, or objecting to testimony, precise use of Legal English vocabulary for trial can influence the outcome. This sixth entry in our Litigation Vocabulary Series provides essential trial vocabulary to help lawyers speak and act confidently in the courtroom.
Legal English Litigation Vocabulary: Trial Phase
1. Voir Dire
Definition:
The jury selection process, during which attorneys question potential jurors to assess their suitability.
Example:
During voir dire, defense counsel asked if any jurors had personal experience with medical malpractice claims.
Legal Context:
Voir dire helps attorneys identify potential biases in jurors. Each side may exercise peremptory challenges or request removal for cause. Mastery of voir dire language is key to shaping a favorable jury.
- Peremptory challenge: A limited right to dismiss a juror without giving a reason.
- Challenge for cause: Dismissing a juror due to a demonstrated inability to be impartial.
2. Burden of Proof
Definition:
The obligation of a party to prove its assertions at trial.
Example:
The plaintiff carries the burden of proof to establish the elements of negligence.
Legal Context:
The burden may be one of preponderance of the evidence (civil cases) or beyond a reasonable doubt (criminal cases). Misunderstanding or misusing this term can lead to flawed arguments or jury confusion.
- Preponderance of the evidence: More likely than not (over 50% probability).
- Beyond a reasonable doubt: The highest standard of proof, used in criminal trials.
3. Exhibit
Definition:
A document, photo, object, or record formally introduced as evidence during trial.
Example:
Exhibit 4 was a copy of the disputed lease agreement.
Legal Context:
Exhibits must be properly authenticated and may require a foundation before admission. Understanding the language around introducing exhibits helps lawyers follow rules and avoid objections.
- Authentication: Proving that evidence is genuine.
- Foundation: Preliminary evidence establishing that an exhibit is admissible.
4. Objection
Definition:
A formal protest made during trial to challenge improper questions or evidence.
Example:
Defense counsel raised an objection to hearsay testimony.
Legal Context:
Objections preserve the trial record and shape how evidence is presented. Common objections include relevance, hearsay, and leading the witness. Knowing when and how to object in precise legal English is vital.
- Hearsay: An out-of-court statement offered to prove the truth of the matter asserted.
- Leading: A question that suggests its own answer, typically disallowed during direct examination.
5. Cross-Examination
Definition:
Questioning a witness called by the opposing party, often to test credibility or reveal inconsistencies.
Example:
On cross-examination, the witness admitted she had changed her statement.
Legal Context:
Cross-examination requires agility in language and strategy. Lawyers must phrase questions clearly and maintain control of the narrative. Missteps can allow witnesses to reinforce the opposing side’s case.
6. Direct Examination
Definition:
The initial questioning of a party’s own witness during trial.
Example:
Counsel used direct examination to establish the sequence of events from the client’s perspective.
Legal Context:
Direct examination is about storytelling through witness testimony. Lawyers must avoid leading questions and instead allow the witness to testify freely. Strong command of transitional and clarifying phrases is key.
7. Jury Instructions
Definition:
Legal guidelines provided by the judge to the jury before deliberations begin.
Example:
The court issued jury instructions explaining the burden of proof in a negligence claim.
Legal Context:
Jury instructions frame how jurors evaluate evidence and apply the law. Attorneys may submit proposed instructions or object to misleading language. Understanding the format and tone of instructions is crucial for advocacy.
8. Verdict
Definition:
The formal decision made by a jury or judge on the issues presented at trial.
Example:
The jury returned a verdict in favor of the defendant after three hours of deliberation.
Legal Context:
The verdict may be general (deciding who wins) or special (addressing each element or question separately). Lawyers must understand and explain verdict forms clearly, especially in multi-claim cases.
- General verdict: A simple decision in favor of one party.
- Special verdict: A breakdown of findings on individual legal issues or claims.
Conclusion
At trial, language becomes performance. Each word must be chosen not just for legal accuracy, but for persuasive clarity. Whether you’re drafting jury instructions or objecting mid-testimony, advanced fluency in Legal English for trial empowers attorneys to advocate effectively, avoid errors, and present a credible case before judge or jury.
Build Your Legal English Skills with Confidence
Clear, confident communication is essential for every lawyer. Whether you’re working on conversations, meetings, or documents, strong Legal English helps you succeed. Book a free Legal English tutoring session and start building skills you can use in any area of legal practice.
Disclaimer
DISCLAIMER: The content provided herein is only for discussion purposes and may contain errors. The reader is responsible to confirm the accuracy of the information provided. The content does not constitute legal or professional advice. We disclaim any liability for any loss or damage incurred directly or indirectly from the use of this information.
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Pre-Trial Motions and Summary Judgment-Essential Litigation Vocabulary-Part 5
Introduction To Pre-Trial Motions and Summary Judgment.
As litigation approaches trial, pre-trial motions become a central strategic tool. This phase is about shaping what the judge or jury will hear, what evidence will be admitted, and even whether a trial is necessary at all. For attorneys—especially those working internationally or in a second language—fluency in Legal English for Pre-Trial Motions is essential. This fifth installment in our 8-part Litigation Vocabulary Series focuses on the most important vocabulary lawyers need to communicate with confidence and clarity during this critical stage.
Pre-Trail Motions and Summary Judgement Vocabulary
1. Motion in Limine
Definition:
A pre-trial request to exclude certain evidence from being introduced during the trial.
Example:
Plaintiff filed a motion in limine to prevent the defendant from referencing the plaintiff’s prior lawsuits.
Legal Context:
This motion allows lawyers to argue that certain evidence is inadmissible—because it is irrelevant, prejudicial, or misleading—before it’s ever presented to the jury. The judge decides whether the evidence should be excluded or admitted conditionally.
- Inadmissible evidence: Information that cannot be presented in court due to legal rules.
- Prejudicial: Likely to unfairly influence the jury’s decision.
2. Summary Judgment
Definition:
A request asking the court to decide a case or specific claims without a trial, on the basis that there are no disputed material facts.
Example:
Defendant moved for summary judgment, arguing that the facts were undisputed and the law clearly supported dismissal.
Legal Context:
Summary judgment allows the court to resolve legal disputes without the cost and delay of trial. It is often filed after discovery and relies heavily on affidavits, declarations, and deposition transcripts to demonstrate that no factual disputes remain.
- Affidavit: A written statement of facts confirmed by oath or affirmation.
- Deposition transcript: A written record of sworn out-of-court testimony.
3. Pre-Trial Conference
Definition:
A court-ordered meeting between the parties (and sometimes the judge) to discuss trial readiness and streamline issues before trial.
Example:
At the pre-trial conference, both parties agreed to limit expert testimony to four witnesses.
Legal Context:
These conferences promote efficiency by finalizing the list of witnesses, exhibits, and unresolved issues. The court may issue a pre-trial order, which governs the conduct of trial and can limit the introduction of previously undisclosed material.
- Pre-trial order: A formal document issued by the court outlining agreed procedures, issues, and evidence.
4. Judicial Notice
Definition:
A court’s acceptance of a fact as true without requiring formal evidence.
Example:
The judge took judicial notice of the fact that January 1 is a federal holiday.
Legal Context:
This doctrine allows courts to recognize common facts that are not reasonably disputed, such as public laws or dates. Judicial notice can be used strategically to bypass unnecessary proof for obvious or well-known facts.
- Doctrine: A legal principle developed through precedent or statutory authority.
5. Stipulation
Definition:
An agreement between opposing parties on a particular fact or legal issue.
Example:
The parties entered a stipulation that the contract was signed on March 12.
Legal Context:
Stipulations streamline litigation by reducing the number of facts that need to be proven at trial. They are binding and can simplify motions, pre-trial planning, and jury instructions.
- Binding: Legally enforceable and not subject to dispute unless withdrawn by both parties.
6. Daubert Challenge
Definition:
A motion to exclude expert witness testimony that does not meet standards of relevance and reliability.
Example:
The defense filed a Daubert challenge to prevent the plaintiff’s expert from testifying on economic damages.
Legal Context:
Originating from U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, this motion tests whether an expert’s methods are scientifically valid and applicable to the case. Judges act as gatekeepers to ensure only qualified expert testimony reaches the jury.
- Expert witness: A person qualified by knowledge, skill, experience, or education to offer opinions in court.
- Gatekeeper role: The judge’s responsibility to ensure that expert evidence meets minimum reliability standards.
7. Motion to Exclude
Definition:
A request to prevent specific evidence or testimony from being introduced at trial.
Example:
Plaintiff filed a motion to exclude surveillance footage that had not been disclosed during discovery.
Legal Context:
This motion is typically based on violations of discovery obligations or rules of evidence. It ensures fairness by discouraging trial by surprise, where previously undisclosed material is used at the last moment.
- Trial by surprise: The use of unexpected or undisclosed evidence that disadvantages the opposing party.
8. Motion to Strike
Definition:
A request to remove improper or irrelevant parts of a pleading from the court record.
Example:
Defendant filed a motion to strike inflammatory language from the complaint’s introductory paragraph.
Legal Context:
This motion cleans up the legal record and ensures the jury is not exposed to legally inappropriate statements. It may also apply to evidence presented at trial, such as testimony that violates prior rulings.
- Pleading: A formal written statement of a party’s claims or defenses.
More information on motions to strike.
Conclusion: Pre-Trial Motions & Summary Judgement
Pre-trial motions are where legal arguments crystallize, and cases are often won or lost before they reach a jury. Fluency in the terminology of this stage is not just about vocabulary—it’s about understanding the legal strategy and communicating with authority. Whether negotiating stipulations, drafting a motion in limine, or preparing for summary judgment, Legal English proficiency at this phase is essential.
Build Your Legal English Skills with Confidence
Clear, confident communication is essential for every lawyer. Whether you’re working on conversations, meetings, or documents, strong Legal English helps you succeed. Book a free coaching session and start building skills you can use in any area of legal practice.
Disclaimer
DISCLAIMER: The content provided herein is only for discussion purposes and may contain errors. The reader is responsible to confirm the accuracy of the information provided. The content does not constitute legal or professional advice. We disclaim any liability for any loss or damage incurred directly or indirectly from the use of this information.