Given even minimal context, you can tell whether someone is referring to a suit of clothes or a legal filing. This holds true for many common words that carry distinct meanings within courtroom settings: charge , appeal , and so forth.
However, there are many other terms whose legal definitions are less widely understood by the general public. In fact, you might not even have realized these terms had legal definitions at all. Here’s what law professionals mean when they talk about alter egos, tolls, and more.
Abscond
The word abscond (secretly leaving or going into hiding) usually suggests illegal activity; you might flee with stolen items as an instance. However, we also apply this word in legal contexts—for example, when your pet steals your sandwich.
The legal sense of abscond It specifically involves departing from your legal authority area to evade judicial processes. This could mean fleeing to dodge arrest for an offense or to sidestep being notified about a lawsuit. Some individuals abscond While waiting for their trial or during periods of probation or parole, individuals can be charged with absconding. This act isn’t always deliberate but usually constitutes an offense. Suppose you're out on probation, and your probation officer must authorize all trips beyond your designated area—yet, due to a sudden family crisis, you board a flight nationwide without seeking approval first. In this case, you've inadvertently gone AWOL and could face a probation violation hearing. Should the judge empathize with your circumstances, however, they might overlook the infraction.
Alter ego
Although the legally recognized type of alter ego doesn’t have the allure of David Bowie’s version, Ziggy Stardust , it still holds onto the Latin meaning of the word. phrase “Another instance is when an ‘I.’ Typically, people—or a collection of people such as shareholders—are not held responsible for a corporation’s deeds or financial obligations. However, if a court decides,” finds that someone is utilizing a corporation as a facade for their own business ventures—meaning, the company essentially serves as just a cover. alter ego rather than as a distinct entity—the alter ego doctrine permits the court to hold the individual accountable known as If you secure a small business loan, use those funds to expand your home, and subsequently fail to repay the loan, a court might apply the alter ego doctrine. This would hold you personally responsible for repayment.
Caveat
Caveat , Latin for “let [a person] beware,” refers Regarding an announcement requesting a legal official to delay a specific proceeding until the party lodging the caveat gets an opportunity to present their case. Such precautions frequently arise in this context. probate proceedings If your affluent grandmother intended to bequeath all her wealth to you as her sole grandchild and then unexpectedly passed away, discovering that she had altered her will the previous night to replace you with an obscure relative whom you've never met could lead you to take action. In such a scenario, you may consider lodging a caveat to halt the transfer of her estate to this unfamiliar cousin until you have the opportunity to challenge the legitimacy of the revised will.
Information
When an individual is thought to be involved in felony —typically defined as a serious offense that carries either the death penalty or imprisonment exceeding one year—must first be officially indicted by a grand jury before proceeding to trial. This formal indictment issued by the grand jury is referred to as an indictment But for offenses that carry milder punishments (for example, misdemeanors ), a grand jury is not required. Rather, a prosecutor may file a written charge known as an "information."
That said, a defendant can waive They have the constitutional right to receive an indictment if the felony doesn't carry the death penalty. Should they choose to waive this right, a prosecutor may then proceed by filing an information instead. waive an indictment If there's a plea bargain on the table: Perhaps a prosecutor has presented you with an opportunity to plead guilty to less severe charges compared to what a grand jury might indict you for. Thus, you decide to waive your right to be indicted and accept the offer instead.
Toll
To a layperson, toll brings to mind bridges and bells. For a legal professional, however, this term evokes a distinct definition initially: "to halt the progression of a timeframe, particularly one specified within a statute of limitations," as stated. Wex , an online legal encyclopedia maintained by Cornell Law School’s Legal Information Institute. For instance, some of these include state laws that toll The timeframe within which minors can initiate a negligence lawsuit begins once they reach adulthood. Should the deadline for such claims be set at two years following the incident, this two-year period will only commence when the individual becomes 18 years old.
Venue
In law, a venue refers to a specific area—a typically designated judicial district or county—selected for conducting a trial (which also implies that the jury, should there be one, will serve therein). selected Criminal cases typically determine the trial location based on where the offense took place, whereas civil cases might rely on the residence of the defendant, the majority of the witnesses, or another sensible site. Either party can seek a change of venue if they believe it was improperly selected or exceptional conditions warrant such a move. For example, if extensive media coverage makes it difficult to assemble an unbiased jury within a specific jurisdiction, changing the venue could become essential.
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The article was initially published on Diwida.| 6 Frequently Used Words That Have Distinct Meanings in Legal Settings .
