The Jargon Glossary - Legally Strange Blog

For when the blog that’s supposed to help you understand the law also confuses you.

It’s sad but true. Even Legally Strange, the blog meant to make the law and legal topics less confusing can fall victim to jargon. That wonderful insider knowledge that makes everyone else feel like they missed the punchline.

This post is a living document that will be updated and refreshed as time goes on and more legal topics are discussed here at Legally Strange. (Sadly, that does mean more jargon is imminent….)

Welcome to The Jargon Glossary

A

Agency– The capacity of an individual or actor to act independently and make their own free choices.

Alternative Dispute Resolution– A procedure for settling a dispute outside the courtroom, most interlocutory matters being resolved by a neutral third party. ADR includes arbitration, mediation, and negotiation.

Arbiter– A private, neutral third party chosen by disputing parties to hear their arguments and deliver a final, binding decision.

Arbitration– A dispute-resolution process in which the disputing parties choose one or more neutral third parties to make a final and binding decision resolving the dispute. Can be voluntary or compulsory.

Authority– The official permission, right, or power to legally act, make decisions, or command obedience from others. Includes agency and contracts, legal research and precedents, constitutional and governmental, and administrative bodies (aka public corporations).

B

Binding Authority– Any source of law—such as a statute, constitutional provision, regulation, or prior judicial decision—that a court must follow and apply when deciding a case. See also: Mandatory Authority.

C

Capacity– Everyone involved must be legally capable of making the decision (e.g., of age and sound mind).

Competent– A person who has the legal and mental capacity to make the decision. See also: Competence.

Consent– A voluntary yielding to another’s proposal that is an act of reason, accompanied with deliberation. Includes express, implied, and informed. Substantively different from outright submission.

D

Dispute Resolution– The formal or informal process by which two or more parties resolve a legal conflict, disagreement, or claim. It encompasses all methods used to bring a controversy to a final conclusion, ranging from formal court trials to private settlement negotiations.

E

F

G

H

I

Informed– All parties fully understand the facts, risks, and terms.

Informed Consent– A legal, medical, and ethical process where a person gives explicit permission for a treatment, medical procedure, or research participation after fully understanding all relevant facts, risks, and alternatives.

Interlocutory– Interim or temporary; not constituting a final resolution of the whole controversy.

J

Jurisdiction– A court’s power and official authority to hear, try, and decide a legal case. It represents the legal boundary within which a court or government entity may exercise its sovereign power.

K

L

Litigation– The formal process of resolving a dispute through the court system.

M

Marginalized– The social process of pushing an individual or minority group to the edges of society, making them powerless or irrelevant. It describes those who face systemic disadvantages, discrimination, and restricted access to basic rights, civil services, and economic opportunities. The systemic exclusion of minorities or subgroups by ignoring their needs, desires, and expectations.

Mutual Consent– An agreement made freely, voluntarily, and intentionally by all parties involved. It requires that everyone has a clear, shared understanding of what they are agreeing to, without any form of force, pressure, or trickery

N

O

P

Polarization– The process by which public opinion, political parties, and society divide into sharply contrasting, adversarial camps, leaving little to no middle ground.

Politicized– To make something political that was not previously considered political, or to use an objective topic, institution, or event to gain a partisan advantage.

Preclearance– A preventive enforcement mechanism that requires an entity or jurisdiction to obtain prior administrative or judicial approval before implementing a new rule, law, or transaction.

This can take the form of
- a declaratory judgment from a federal court
- a formal lack of objection from the U.S. Attorney General

Procedural– In legal terms, “procedural” refers to the machinery of the legal system—the specific rules, methods, and steps used to administer, enforce, and adjudicate substantive laws.

Province– Refers to either a defined geographic and administrative unit of a sovereign nation or the exclusive scope of authority, duty, and jurisdiction assigned to a specific legal actor.

Q

R

S

Substantive– Defines the legal relationship between people, or between people and the state. It dictates what is right or wrong, or what a person is entitled to (e.g. the letter of the law, the “substance” of legal codes).

T

Tripartite– A structural framework, agreement, or relationship that involves three distinct parties, entities, or branches of power. The term is derived from the Latin tripartitus (divided into three parts) and is used across constitutional, contractual, and international labor law to describe systems where three separate forces must interact to create a legally binding outcome.

Two-Way– Every single participant must explicitly agree; one-sided agreement is not mutual.