Legal Terms & Processes

A written statement made under oath or affirmation before a notary public or other authorized officer. The person making the affidavit (the affiant) swears that the contents are true to the best of their knowledge. Affidavits are commonly used in court proceedings as evidence when the affiant cannot appear in person.

A person or entity designated to receive benefits, property, or assets from a will, trust, insurance policy, retirement account, or other legal instrument. Beneficiaries can be primary (first in line to receive benefits) or contingent (receive benefits if the primary beneficiary is unable or unwilling to do so). In estate planning, careful beneficiary designation is crucial to ensure assets pass according to your wishes.

The obligation to prove allegations or assertions in a legal proceeding. In civil cases, the burden is typically "preponderance of the evidence" (more likely than not), while in criminal cases it's "beyond a reasonable doubt" (no reasonable doubt about guilt). The party making a claim generally bears the burden of proving it.

The party being sued or accused in a legal proceeding. In civil cases, the defendant is the person or entity against whom a lawsuit is filed. In criminal cases, the defendant is the person accused of committing a crime. Defendants have the right to legal representation and to present a defense against the claims or charges.

The constitutional guarantee that legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard before the government acts to take away life, liberty, or property. Due process includes both procedural aspects (how laws are applied) and substantive aspects (what laws may be enacted). This fundamental right is protected by the Fifth and Fourteenth Amendments to the U.S. Constitution.

A person named in a will to carry out the deceased person's wishes and administer their estate. The executor's duties include gathering assets, paying debts and taxes, and distributing property to beneficiaries. In Ohio, executors must be appointed by the probate court and have a fiduciary duty to act in the best interests of the estate. Female executors are sometimes called executrix.

A person appointed by a court to make decisions for someone who cannot make decisions for themselves (called a ward). Guardians may be appointed for minor children whose parents are deceased or unable to care for them, or for adults who are incapacitated due to disability or illness. Guardianship can be limited to specific areas (like medical decisions) or comprehensive.

The legal authority of a court to hear and decide cases. Jurisdiction can be based on geography (where the case arose), subject matter (what type of case it is), or the parties involved. Courts must have both personal jurisdiction over the parties and subject matter jurisdiction over the type of dispute. Federal and state courts have different jurisdictional limits.

A legal document that specifies what medical treatments you want or don't want if you become unable to communicate your wishes. Also called an advance directive, a living will typically addresses life-sustaining treatments, artificial nutrition and hydration, and comfort care. In Ohio, living wills must be signed by two witnesses or a notary public to be valid.

The official act of a notary public witnessing the signing of a document and verifying the identity of the signer. Notarization helps prevent fraud by ensuring that signatures are genuine and that signers are acting willingly. Many legal documents, including deeds, powers of attorney, and affidavits, require notarization to be valid. The notary places their official seal on the document as proof of the notarization.

The party who initiates a lawsuit by filing a complaint with the court. The plaintiff claims to have been harmed by the defendant's actions or inactions and seeks legal remedy, which may include monetary damages or specific performance. In appeals, the plaintiff may be called the appellant or petitioner. The plaintiff bears the initial burden of proving their case.

A legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in legal, financial, or medical matters. Powers of attorney can be general (broad authority) or limited (specific tasks), and can be durable (continuing if the principal becomes incapacitated) or non-durable. This is a crucial document for incapacity planning.

The court-supervised legal process of administering a deceased person's estate. Probate involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs or beneficiaries. In Ohio, probate is handled by the probate court in the county where the deceased resided. Some assets can avoid probate through beneficiary designations or joint ownership.

A law that sets the maximum time period within which legal proceedings must be initiated after an event occurs. Once the statute of limitations expires, the claim is generally barred. Time limits vary depending on the type of case - for example, personal injury claims in Ohio typically have a two-year statute of limitations, while written contracts have an eight-year limit. Some serious crimes have no statute of limitations.

A legal arrangement where one party (the trustee) holds and manages property for the benefit of another party (the beneficiary). The person who creates the trust is called the grantor or settlor. Trusts can be revocable (changeable) or irrevocable (permanent), and are used for various purposes including avoiding probate, reducing taxes, protecting assets, and providing for minor children or individuals with special needs.

A legal document that expresses a person's wishes for the distribution of their property after death. Also called a last will and testament, it can name guardians for minor children, designate an executor, and specify funeral arrangements. In Ohio, a will must be signed by the testator (person making the will) and witnessed by two competent adults who are not beneficiaries. Wills become effective only after death and must go through probate.