The law is full of technical and often odd-sounding words and phrases. If you've ever read a contract or been part of a legal action, like a divorce, you probably ran across a few of them. You've probably seen or heard some while reading the newspaper or watching the news of even your favorite TV show, too.

Here are the definitions and examples of some common legal words and phrases you my come across.

Contract-Under-Seal

This is a special contract. As a general rule, in order for a contract to be valid and enforceable, it must be supported by valuable consideration - each side promises to give up something of value in exchange for something of value. You agree to pay a certain price in exchange for a seller's house, for example.

Consideration isn't necessary for a contract-under-seal, however. The document itself is enough to make each side's part of the bargain enforceable.

Centuries ago, the law required an actual seal - usually a wax or embossed seal on the document. Today, in the few states that still recognize contracts under seal, it usually doesn't matter if there's a seal or not.

En Banc

En banc describes when a court case is decided by all the judges of the court where the case is being heard. In some courts, cases are decided by only a few judges - called a panel.

For instance, most cases before the federal courts of appeal are first heard by a panel of judges. However, the losing parties often ask the courts to review the case en banc. Also, the US Supreme Court hears all cases en banc.

Ex-Parte

Ex-parte is Latin for "by one side." It refers to situations where only party or one side of a legal matter asks the court for an order or decision on a hearing or motion. The other party isn't present when the judge makes the decision, and almost always the order, hearing or motion is in the asking-party's favor only.

As a general rule, the US legal system (specifically due process) requires both sides of a legal matter to be involved in all aspects of the proceedings. So, ex parte activities are usually only temporary until both sides can appear before the judge and have the matter settled.

A temporary restraining order (TRO) is a good example of an ex parte court order.

Good-Faith

Good-faith is used in all sorts of legal dealings, from sales contracts to insurance policies. Generally, it means you're acting with an honest intention to deal fairly with someone else; you're not out to take advantage of, defraud or cheat the other person.

Material Breach

This comes up with contracts or agreements, like sales contracts and leases. A breach is when one side of the agreement doesn't live up to his part of the bargain. Most breaches can be fixed by awarding money damages to the person who didn't break the deal; both sides still have to honor the contract.

A material breach, on the other hand, is one so bad that it makes the contract meaningless. The non-breaching side usually can cancel the contract. If necessary, he can sue for damages, too.

For example, say you order T-shirts to sell at a special sporting event that falls on a specific day. The supplier delivers the T-shirts on time, but 20 shirts are missing. The breach probably isn't material because you do have shirts to sell, and the supplier will probably fix the problem.

It's probably a material breach, however, if the shirts are delivered the day after the event. If so, you don't have to pay the supplier, and he may be liable for any extra costs you had in getting shirts from another vendor, and maybe even your lost profits.

Reckless Endangerment

Describes a crime practically any time it's used. The exact crime may vary from state to state, but generally means someone created a substantial risk of death or serious physical injury to someone else.

The key is reckless. The person doesn't need to intend or want to hurt the other person. Rather, all he has to do is ignore or disregard the foreseeable consequences of his actions.

For example, driving your car down a crowded sidewalk is probably reckless endangerment (at least!) in most states.

Questions for Your Attorney

  • What should I do if a judge decides an ex parte motion against me?
  • Is there a special test used to determine if a breach is material or not?
  • What are the penalties for a reckless endangerment conviction in my state?