Legal Terms Explained: Key Differences and Definitions
1. Murder vs. Manslaughter: “Murder” is unlawfully and deliberately killing someone, whereas “manslaughter” is the killing of another person without malice.
2. Kidnapping vs. Hijacking: “Kidnapping” is the act of abducting someone and holding them captive, whereas “hijacking” consists of using force to take control of a plane, train, etc.
3. Libel vs. Slander: “Libel” is the act of publishing a false statement about a person, while “slander” is the act of making a false spoken statement to damage a person’s reputation.
4. Theft vs. Robbery vs. Assault: “Theft” is stealing or taking property which belongs to someone else, while “robbery” is the act of taking property by force or threat of force, whereas “assault” is an act that threatens physical harm to a person.
5. Paid Time Off vs. Annual Leave: “Paid time off” is the general term for any paid absence including vacation, sick leave, and personal leave, whereas “annual leave” specifically refers to paid vacation days granted each year.
6. Civil Law vs. Criminal Law: “Civil law” is the part of law which deals with relations between ordinary individuals, whereas “criminal law” is the body of law that takes care of criminal offenses.
7. Litigation vs. Attorney: While “litigation” refers to the legal process of resolving disputes in court, an attorney is a person who represents parties during litigation.
8. Prosecutor vs. Defendant vs. Plaintiff: A prosecutor is the lawyer who represents the state in a criminal case, while a defendant is the party being accused or sued, whereas a plaintiff is the party who brings a case to court.
9. Barrister vs. Solicitor: A “barrister” is a legal professional who represents clients in court, whereas a “solicitor” is another legal professional who provides advice and prepares legal documents.
10. Redress vs. Settlement: “Redress” implies the act of correcting a wrong or obtaining justice, whereas a settlement typically refers to an agreement between parties to avoid or conclude legal proceedings.
11. Prosecute vs. To Charge: To prosecute means to bring legal action against someone, while to charge involves formally accusing an individual of a crime.
12. Wages vs. Salary: Wages are typically calculated based on hours worked or tasks completed, whereas a salary is a fixed amount paid regularly, regardless of hours.
13. Harm vs. Injury: Harm refers to any damage, loss, or negative effect, whereas injury specifically refers to physical damage to a person’s body.
14. Claim vs. Lawsuit: A “claim” is a demand for something (like compensation), whereas a “lawsuit” is a legal action decided in court and involves one party suing another party.
Verbs and Nouns
1. Accuse/accusation 2. Acquit/acquittal 3. Prove/proof 4. Punish/punishment 5. Rule/ruling 6. Charge/charge 7. Sentence/sentence 8. Compensate/compensation 9. Settle/settlement 10. Convict/conviction 11. Sue/lawsuit 12. Testify/testimony 13. Defend/defense 14. Threaten/threat 15. Diagnose/diagnosis 16. Dismiss/dismissal 17. Expose/exposure 18. Imprison/imprisonment 19. Injure/injury 20. Neglect/negligence 21. Offend/offense 22. Plead/plea 23. Prosecute/prosecution 24. Embezzle/embezzlement 25. Fail/failure 26. Vandalize/vandalism 27. Die/death 28. Publish/publication.
Phrases and Expressions
File a lawsuit / breach of contract / ground for a lawsuit / out of court settlement / binding agreement / legal rights / to draft a contract / to press charges / face charges / to drop a lawsuit / claim / right of audience / pleading a case / acting for.
Employment Contract End
1. Resignation: The employee resigns from his job. This means that the employee informs the employer that he will stop working for the employer’s business.
2. Retirement: The employee retires from work. This means the employee leaves his job with the intention to not work again because he is a certain age. In many countries, the age of retirement is 65 years old.
3. Redundancy: The employee is made redundant. This means that an employee leaves his job because the employer doesn’t need them. This might be because business is not good for the employer or because the business is closing. The employee usually receives a redundancy payment.
4. Dismissal: The employer dismisses the employee. This means that the employer is unhappy with the performance or behavior of the employee and tells him that they no longer have a job.
5. A Fixed-Term Contract Ends: The employee stops working for the employer or leaves the company because his contract was for a specific period of time, which has ended.
Types of Dismissal
- Wrongful Dismissal: Breach of contract. The employee is dismissed on the grounds of the employer not complying with the contract.
- Unfair Dismissal: Lack of just cause or proper procedure.
- Fair Dismissal: Following due processes like notice periods and employee feedback.
Types of Leaves
1. Annual Leave: Employees are entitled to 28 days of paid holiday per year.
2. Sick Leave: Employees can take time off due to illness. If sick for more than seven days, they need to provide evidence.
3. Maternity Leave: Time off work for a mother after having a baby.
4. Paternity Leave: Time off work for a father after the birth of a child.
5. Parental Leave: Eligible employees can take up to 18 weeks of unpaid leave for each child, up to their 18th birthday, with a maximum of four weeks per year.
6. Compassionate Leave: Emergency leave for personal matters.
7. Paid Time Off: Which combines vacation days, sick leave and personal days into a single pool of days that employees can use at their discretion.
Types of Tort
1. Negligence vs. Intentional Tort: Negligence, which occurs when someone fails to exercise reasonable care, often results in unintentional harm. Contrastively, intentional torts involve deliberate actions to harm another person.
2. Strict Liability vs. Negligence: Negligence requires proving that the defendant failed to exercise reasonable care. While strict liability imposes responsibility simply.
3. Defamation vs. Nuisance: Defamation involves harm to a person’s reputation through false statements. In contrast, nuisance addresses the disruption of an individual’s use or enjoyment of their property.
Type of Tort
- Negligence: Breach of a duty of care owed to a claimant.
- Trespass: Direct and forcible injury.
- Defamation: Publishing a statement that lowers someone’s reputation in the opinion of others.
- Nuisance: Acts that interfere with another’s use or enjoyment of their land.
- Strict Liability: Legal responsibility for harm caused by defective products, independent of precautions.
Initial Steps of Proceedings
to star —— a proceeding
to be ——- liable
to be ——- the claimant
to summon ——- the plaintiff
to cause ——- harm / to harm
lawful/unlawful ——— conduct
During Proceedings
to be served ——— a summons
to admit / to agree to ——- a claim
to serve ———- a copy
witness ——— statements
settle ———- a dispute
settlement ——- (monetary)
make ——- decisions
After Verdict
the judge ——— ruled in favor / against
to fail ———- to pay damages
to enforce ——- a judgment / a ruling