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5 Common Legal Terms You Need to Know Explained

Robert Stahle • August 15, 2019
A statue of lady justice holding scales of justice in front of a bookshelf.

If there’s one thing there’s no shortage of in the law industry, it’s technical jargon. To the average person, lawyers seem to have a language all their own. Legal terminology can cause a great deal of confusion for the average person. This is in large part due to how legal terms are used inaccurately on television and in everyday life.

If you’re in need of legal assistance , you’ll want to meet with your attorney armed with an understanding of some of the most common legal terms. Your attorney will be happy to explain any terms you don’t understand but going in with this knowledge will allow you to focus on discussing your case, rather than defining legal terms. Here are five of the most common law terms you should familiarize yourself with.


Hearsay

The word “hearsay” is one that’s spoken quite often in the world outside of the legal arena. While it has a similar meaning in both contexts, the legal definition is slightly more specific. In casual conversation, hearsay might be used to describe a rumor or unverified information. In the legal world, hearsay is a statement that is unable to be confirmed or followed up on, and therefore is inadmissible in court.


Due Diligence

Before entering any legal contract, you or your lawyer should practice due diligence before signing on the dotted line. Due diligence is legal terminology that refers to conducting thorough research before signing any contract or entering into a legally binding agreement.


Assault Vs. Battery

Assault and battery are often used interchangeably; however they mean two very different things. The difference between these two terms involves intent and action. Assault is a term that’s used when there is a threat of physical harm, for instance if you threaten to hit someone. The intent is there, but actual physical harm hasn’t occurred. Battery is the legal term used to describe actual physical harm caused by another person.


Burden of Proof

A person who is accused of a crime is considered innocent until proven guilty. Burden of proof is a term used to describe the duty of either party to prove or disprove allegations in a case. In a criminal trial, the prosecution holds the responsibility of the burden of proof in establishing that the defendant is guilty beyond all reasonable doubt.


Burglary Vs Robbery

Again, these are two terms that are often used interchangeably. In law, they are used to describe two different degrees of criminal acts. Burglary is used to define theft that occurs without the victim being present. For example, if someone broke into your home while you were gone or stole your car from a parking lot while you were at work.

Robbery is theft that occurs in your presence. For instance, someone that is held at gunpoint and demanded to hand over their purse is the victim of robbery.


Communication Is Key When Working with a Defense Attorney

When you meet with a defense attorney for the first time, one of the most important traits you should look for is the ability for them to effectively communicate with you. This includes answering your questions and explaining legal terms as necessary. At Fitch & Stahle Law Office, we’re here to provide the Siouxland area with experience criminal defense. If you’re in need of a criminal lawyer, contact Fitch & Stahle Law Office for a consultation today.

By Robert Stahle September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.