The real meaning

10 legal terms that are often misunderstood

The popularity of legal movies and TV shows has resulted in people becoming familiar with terms and concepts they wouldn’t know otherwise, but it has also contributed to some mistaken ideas about what some of these terms mean. Is a waiver just a simple permit? What does free speech really entail? When does something qualify as hearsay? Here are 10 legal concepts you’ve probably heard before but might not mean what you think they do.

As any American knows, freedom of speech is an inalienable right, guaranteed by the First Amendment to the U.S. Constitution. But what does this mean? Freedom where or from whom? Many interpret this right as a freedom to express their mind everywhere and anywhere, but this is not exactly correct. Free speech is the guarantee we have as citizens that the government cannot censor, restrain, or interfere with our free and public expression. When it comes to private establishments and contexts, or to speech that might lead to harm to others, the right to free speech is not absolute.

Slander is a form of defamation, that is, damaging someone’s reputation by spreading false statements about them. But are all forms of defamation the same? There are many ways to spread false information or statements, but the law makes two main distinctions: whether or not it’s recorded or written down. While "slander" is a term we might hear often in legal shows, it refers strictly to spoken defamation, meaning an oral remark or statement, or a broadcast that was not recorded. For anything written down, published, or recorded, the proper term is "libel".

Many people think that waivers are similar to permits, so signing a waiver would be akin to giving your consent for something. While a waiver requires consent, it is not a simple permit. As its name suggests, it implies waiving or giving away something. In this case, a right. If you sign a liability, contractual, or any other type of waiver, you are willingly giving up a known right, privilege, or claim, which cannot be invoked later.

Whether something was done with malice or not might be the difference between a lesser or greater charge, both in civil and criminal law. But what is malice? In its legal sense, malice is not ill will or evilness, but the intention to cause harm or do something illegal without cause or justification. While mitigating circumstances such as accidents or spontaneous emotion might result in a lesser charge, malice will always increase the severity of the situation.

You might have heard this term in relation to car insurance, workers’ compensation, or divorce and wondered if it meant that no one was responsible. While there might be situations where no one’s to blame, this is not what no-fault systems are about. In many legal cases, determining the responsible party is necessary to resolve the case or award compensation. In a no-fault system, however, the law focuses on resolving the dispute rather than assigning blame, settling matters without needing to prove who is responsible.

Affidavits are quite common in all sorts of legal procedures, but their use in TV shows might make them seem as something that is only used in court. An affidavit is a written statement that the signer swears to be true, under penalty of perjury, and that is signed in front of a notary who can verify their identity. While affidavits can be presented in court in replacement of in-person testimony, they are also used in business, financial matters, official applications, and many other proceedings.

In everyday talk, we understand "hearsay" as information that you heard from someone else and are unable to verify. Legally, hearsay is slightly different, as it refers to written or spoken statements made outside the court that are presented as evidence. As the person who made the statement is not present to swear their veracity, hearsay is usually not admissible as proof, but the court might decide to accept it anyway if the situation requires it.

Unlike civil cases, criminal cases require that guilt is proven beyond a reasonable doubt to convict the accused. But what is reasonable doubt? The law is not asking the jury or judge to be 100% certain or to not have any shred of doubt left, but that they are firmly convinced by the evidence presented, with no other logical explanation. If their common sense and the evidence (or lack thereof) make them hesitate or admit a logical alternative, it means that the case was not proven "beyond a reasonable doubt", in which case the law gives the accused the benefit of the doubt.

It is common for people to group burglary with other criminal acts such as theft or robbery, but it belongs in a separate category. While robbery or theft involve taking someone else’s property without consent (i.e., stealing), burglary is the act of entering a place illegally to commit a crime inside. Why is it commonly associated with stealing then? Because most burglary cases involve theft.

We are used to referring to most illegal acts as crimes or offenses, but these terms strictly belong to criminal law. When it comes to civil law, which deals with private wrongs towards people and their property, the correct term is "tort", defined as a wrongful act that causes harm, loss, or injury to another person and that leads to legal liability, meaning that the person who committed the act is held responsible, whether it was intentional or not.

Deathbed statements

Beyond the grave: Take a look at the last words of 12 famous people

Image: Daderot, CC0, via Wikimedia Commons

Throughout history, hundreds of historical figures have left their mark on the world through their marvelous achievements. When their lives came to an end, their last words were often a reflection of their lives and ideals. From George Washington and Mark Twain to Frank Sinatra and Leonardo Da Vinci, in this article, we will reveal 12 final words of memorable personalities.

Image: The New York Public Library

After serving two terms as the United State's first president, George Washington retired to his Virginia plantation. In mid-December 1799, he developed a cold and a severe sore throat. Despite doctors' efforts to cure him, the end was imminent.

His long-time secretary, Tobias Lear, was at his side during his last days and documented all the events that transpired, including the former president's last words. According to his account, shortly before he took his last breath George Washington said "Tis well" —an old-fashioned way of saying "everything is okay."

Image: Signal Corps Archive from United States, Public domain, via Wikimedia Commons

Noir icon of perpetual elegance and rebellious charisma, Humphrey Bogart is an undisputed legend in cinema history. A Hollywood Golden Age star, Bogart is still remembered today for his scar on his upper lip, his everlasting cigarette, and his perfect portrayal of gangsters and detectives.

At the age of 57 Bogart was diagnosed with esophageal cancer, for which he was hospitalized for several months. According to lore, the legendary star's last words were "I should never have switched from scotch to martinis." However, his wife Lauren Bacall confirmed that the last thing he actually said was "Goodbye Kid. Hurry back," before she left his bedside to get their children.

Image: Miscellaneous Items in High Demand, PPOC, Library of Congress, Public domain, via Wikimedia Commons

As one of the greatest American writers of all time, Mark Twain is usually credited with all sorts of great quotes that he often didn't say. For that reason, there are different versions of what his last words were before he died in 1910 at the age of 74.

The most plausible theory can be found in an article published one day after his death. According to this chronicle, Samuel Langhorne Clemens' last words were not spoken aloud but written. The famous humorist and essayist reportedly wrote to his daughter Clara, who accompanied him on his bedside, "Give me my glasses."

Image: MGM, Public domain, via Wikimedia Commons

Joan Crawford, the Oscar winner for Mildred Pierce and one of the greatest stars of Hollywood's golden age, died in 1977 of a heart attack.

The actress, who had a complicated personality, was true to her nature until her last breath. She was so ill that her doctor felt it wasn’t worth taking her to the hospital. One of her nurses began to pray aloud in desperation. Losing her patience, Crawford snapped for the last time and said, "Damn it... Don't you dare ask God to help me."

Image: Municipal Library of Trento, CC0, via Wikimedia Commons

The year 2024 marked the 700th anniversary of the death of the man who better described remote lands. Marco Polo was a merchant who spent more than 20 years of his life traveling through the Orient and wrote about his adventures in a book that became a bestseller when the printing press wasn’t even invented.

Marco Polo was, and still is, a legend. When, on his deathbed, his wife and friends begged the brave explorer to confess if what he had told in the book was true, he barely whispered: "I have not told the half of what I saw and did."

Image: MGM, Public domain, via Wikimedia Commons

Julius Henry Marx, better known as Groucho Marx, is considered one of the most influential comedians of all time. The man with the bushy black mustache was one of the Marx Brothers. Together they made 13 films, including the classic Duck Soup. After a long and prominent career, Groucho passed away in Los Angeles in 1977 at the age of 86.

His brilliant one-liners are still remembered and replayed to this day, so it is not surprising that not one but several final words are attributed to him. A few close friends have suggested that his last line was "This is no way to live!", while most suggest that his last words were in fact dedicated to his wife: "Die, my dear? Why, that's the last thing I'll do!"

Image: Nicolas de Largillière, Public domain, via Wikimedia Commons

Voltaire, the French writer, philosopher, historian, and lawyer, one of the major figures of the Enlightenment, died in 1778 at the age of 83. Different accounts of his deathbed make it impossible to determine exactly what his last days were like.

One of these stories, however, is consistent with his ideas about God and his well-known criticism of the Church. According to this version, when the priest asked him if he wanted to renounce Satan before he died, Voltaire replied, "This is no time to make new enemies."

Image: William Wallace Denslow, Public domain, via Wikimedia Commons

L. Frank Baum was a prolific American author. He wrote 55 novels, 82 short stories, and more than 200 poems. However, his most memorable work is his series of children's fantasy books The Wonderful Wizard of Oz.

On May 5, 1919, Baum suffered a heart attack. He died the next day, shortly before his 63rd birthday. Disturbed by the imminence of death, he whispered to his wife: "Now we can cross the Shifting Sands," a clear reference to the Land of Oz.

Image: National Archaeological Museum of Athens, CC0, via Wikimedia Commons

Augustus, the first Roman emperor, is often attributed with the phrase: "Behold, I found Rome of clay, and leave her to you of marble," alluding to the great infrastructural works carried out during his prosperous 40 years of rule.

However, according to other historical accounts, his last words were addressed to the friends who stayed with him on his deathbed: "Have I played the part well? Then applaud, as I exit."

Image: English: Distributed by NBC. Photographer unknown., Public domain, via Wikimedia Commons

"Darling, you've gone through worse and you can beat this too. You have to fight," implored Barbara Marx, Frank Sinatra's fourth wife, to her beloved on his deathbed. "I'm losing," The Voice whispered through teary eyes.

Barbara recounted the last hours of the singer of such hits as My Way and New York, New York in her memoir Lady Blue Eyes: My Life With Frank. Frank Sinatra, one of the most popular entertainers of the mid-20th century, pronounced his last words in 1998 at the age of 82.

Image: Jean-Auguste-Dominique Ingres, CC0, via Wikimedia Commons

Despite being one of the most famous artists of the Renaissance, Leonardo da Vinci was very hard on himself. All his life he challenged his own limits, evident in his paintings and sculptures as well as in his inventions, some of which were truly revolutionary.

Even after a lifetime of success, he wasn’t quite satisfied. When he suffered a stroke at the age of 67, he sent for a priest to receive the Holy Sacrament and, according to historians, his greatest regret was that he hadn’t achieved excellence with his work. In that sense, it is said that his last words were: "I have offended God and mankind because my work did not reach the quality it should have."

Image: National Museum of Health and Medicine, Public domain, via Wikimedia Commons

The Yankee Clipper was one of the greatest baseball players of all time but he is also known for having been married to the iconic American actress Marilyn Monroe. Joe and Marilyn were together for less than three years. In 1955 the actress left him for American playwright Arthur Miller.

DiMaggio was devastated. He never married again, and never got over his one true love. His last words before he died in 1999 at the age of 84 were: "I'll finally get to see Marilyn."