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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.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.