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TOP 5 MOST IMPORTANT LEGAL PHRASES TO KNOW

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Written By : Calistha Naisyila Ilfiansa & Fairuz Kamilah Fahrudin

Definition of Legal Phrases
When dealing with the law, we often encounter unfamiliar language or terms that are not easy to understand at first glance. These are called legal phrases. Legal phrases are words and terms that have a specific meaning within the legal system. They are formal and precise in order to prevent ambiguity. There are at least five legal phrases that you should know the meaning of, which are:

Without Prejudice
This means that things marked as without prejudice cannot be disclosed or brought before the court when the parties to the dispute are attempting to communicate in order to reach an amicable settlement or resolve the dispute out of court. The purpose of using without prejudice is to ensure that communication between the two parties runs smoothly and that they are free to make various offers without pressure or coercion. 

Beyond Reasonable Doubt
Generally used in criminal trials, this is a condition whereby the prosecutor must provide evidence and prove the defendant's guilt in accordance with their offense within reasonable limits. This is in line with the principle of presumption of innocence to ensure that innocent people are not punished or that people are not punished more severely than their offense warrants.

In Good Faith
Good faith means acting honestly and not trying to take unfair advantage of someone else. If one party believes the other party will act in good faith, they trust the other to keep their promises and stay true to their word, even if some small legal detail isn’t met. This idea is used in all kinds of deals or agreements. 

Force Majeure
Force majeure refers to an unexpected event that prevents someone from acting according to the law, like contractual obligations they might have had. In the event of force majeure circumstances, the party that was supposed to fulfill those obligations, can’t be held liable for not fulfilling the contract. As long as they can prove that an unforeseen and unavoidable event prevented them from carrying out their duties, they are exempt from the consequences they would otherwise face.

At the Discretion of
Discretion is the power of a judge, public official, or even a private individual to make decisions based on their own judgment and conscience, as long as they stay within general legal principles. In criminal and tort law, it means having the ability to tell right from wrong, which is enough to make someone responsible for their actions. For example, a judge may use discretion to decide the amount of a fine, and a prosecutor may use discretion in choosing whether or not to pursue a criminal case.


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