As legal professionals, whether seasoned attorneys, aspiring paralegals, or legal translators, grasping the nuances of legal English is paramount for improving your English skills. One fundamental area that often causes confusion is differentiating between words that are interchangeable in other languages. An example of that is the words trial and lawsuit.
Let's delve into these terms, explore idiomatic expressions associated with each, and expand our legal English vocabulary.
Trial vs. Lawsuit
Trial
The trial is basically the stage of a lawsuit that people are most familiar with thanks to lawyer shows and Hollywood films. It's the part of the lawsuit in which both sides present their evidence and arguments to a judge or jury in court.
In a nutshell, a trial can be defined as a formal examination of evidence in court to determine the guilt or innocence of a defendant in a criminal case or the liability of parties in a civil matter.
Of course the term can be defined even more broadly than that. But for the purpose of understanding the difference between a trial and a lawsuit when English is not your mother tongue, this definition suffices.
So what are some common idiomatic expressions that use the word trial in this way?
Trial by fire: In English, we use this phrase to refer to any situation in which a person is severely tested in terms of ability or integrity. But the phrase actually originates in the idea of a tough trial, where a person is put under severe scrutiny, like in a real trial.
Fair trial: Everybody has the right to a fair trial. In addition to being a real recognized human right, "fair trial" refers to a legal proceeding conducted with strict adherence to established rules and principles.
Trial and error: Even though this phrase is typically used in a broad sense to describe learning from one's mistakes, in legal English, we often use it to refer to our testing certain legal arguments or strategies in court.
Kangaroo trial (aka Kangaroo court): I wish I could say it's a court full of kangaroos (how cute would that be?), but it's not. The expression refers to a mock or biased trial that often results in an unfair verdict.
Mock trial: Unlike a Kangaroo Trial where the defendant is put on trial for real, in a mock trial, students or practicing attorneys are just preparing for the future. A mock trial is a simulated court for educational or practice purposes.
One thing that's important to know about the word trial is that it refers to a part of a bigger picture. We don't go to trial in the English-speaking world unless we've failed to resolve a dispute or reach a settlement in a lawsuit at the pretrial phase.
And that just raises the question: What's a lawsuit?
Lawsuit
The most straightforward definition of the word lawsuit I can think of is the U.S. Attorney's Office's Definition, which goes like this: "A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff."
This definition works because of its simplicity. What it's telling us is that a lawsuit is a legal action. This means it's a really broad term. The definition also tells us this action is based on a complaint, which means someone was harmed.
This definition works for criminal suits too. But in criminal cases, it's important to remember that felonies, misdemeanors, and crimes are involved.
So the U.S. Attorney's Office's Definition helps us understand the basics:
Lawsuits are a type of legal action.
Legal actions can be either civil or criminal, each with its own procedures and consequences.
Lawsuits involve formal legal proceedings initiated by a complaint.
Lawsuits have many parts.
Trials are a part of lawsuits where evidence is examined to determine outcomes.
So, what are some legal English expressions with the word lawsuit?
File a lawsuit: This refers to the formal submission of a legal claim to the court.
Drop a lawsuit: This means withdrawing one's legal claim.
Face a lawsuit: This means being subjected to legal action by another party.
Handle a lawsuit: This describes the process of managing a legal case.
Win a lawsuit: This means exactly what you're imagining, a successful outcome in a legal dispute.
Legal English Vocabulary
If you're new to legal English, here are ten related terms to add to your vocabulary:
Plaintiff: the party who initiates a lawsuit.
Defendant: the party against whom a lawsuit is filed.
Evidence: information presented in court to support a case.
Verdict: the decision reached by a jury or judge in a trial.
Damages: monetary compensation awarded to a plaintiff in a lawsuit.
Appeal: a formal request to review a lower court's decision.
Subpoena: a legal order to produce evidence or testify in court.
Testimony: statements made by witnesses under oath in court.
Jurisdiction: the authority of a court to hear and rule on a case.
Interrogatory: written questions exchanged between parties in a lawsuit.
Conclusion
In the realm of law, clarity and precision in language are paramount. Distinguishing between a trial and a lawsuit is essential for legal professionals to effectively communicate and navigate the complexities of the legal system. By mastering these terms, idiomatic expressions, and enhancing our legal English vocabulary, we equip ourselves with the linguistic tools necessary for success in the legal field.
Let's continue to expand our legal English knowledge and communicate with confidence in the intricate world of law. Sign up to our free weekly newsletter to stay up-to-date or get an estimate to start learning through our one-on-one or group lessons!
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