Law Jargon Explained

Understanding things during legal proceedings can be difficult. Lawyers and legal professionals often use specific terms that can leave the average person perplexed. Luckily, Montoya Law takes a client-first approach, and we are here to help you understand some of the confusing language you often hear when you're involved in legal matters. Read on to learn more, and contact Montoya Law when you need legal services in Orange County.

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An affidavit is a written statement made under oath or affirmation, usually used as evidence in legal proceedings. Affidavits are typically used to support or challenge claims and play a crucial role in presenting evidence before a court or administrative body. By requiring individuals to provide sworn statements, affidavits enhance the reliability and credibility of the evidence presented.

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Habeas Corpus

Habeas corpus is a legal action that allows individuals who are detained or imprisoned to challenge the lawfulness of their confinement. The writ of habeas corpus compels the detaining authority to bring the person before a court and provide a legal justification for their detention. This ensures that individuals are not unlawfully held in custody without due process and protects against arbitrary deprivation of liberty.



Litigation refers to the process of resolving legal disputes through formal legal proceedings. While some cases can be handled out of court, litigation involves bringing a case before a court and presenting arguments, evidence, and legal claims to obtain a resolution or judgment. Litigation allows parties to seek redress and resolve disputes in a formal legal setting.


Burden of Proof

The burden of proof refers to the obligation of a party to present sufficient evidence to support their claims in a legal proceeding. It is the responsibility of the party making an assertion to convince the court or jury that their version of the facts is more likely to be true than the opposing party's. The burden of proof plays a crucial role in determining the outcome of a case.


Due Process

Due process is a fundamental principle of law that ensures fair treatment and protects the rights of individuals within the legal system. It guarantees that everyone receives notice of legal proceedings and has the opportunity to be heard and present their side of the story before an impartial decision-maker.

Legal terminology can often be overwhelming, and sometimes you may find yourself wondering if lawyers are even speaking the same language as you. At Montoya Law, we aim to make our legal services in Orange County easy to understand and as stress-free as possible. Whether you're filing a worker's compensation claim, need a personal injury lawyer, or need help with another legal matter, we're here for you. Contact us today to learn more.

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