Legal Terms

Question 1

Acquittal

Answer 1

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.

Question 2

Admissible

Answer 2

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases

Question 3

Adversary Proceeding

Answer 3

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with
the court, that is, a “trial” that takes place within the context of a bankruptcy case

Question 4

Affidavit

Answer 4

A written or printed statement made under oath

Question 5

Affirmed

Answer 5

In the practice of the court of appeals, it means that the court of appeals has concluded
that the lower court decision is correct and will stand as rendered by the lower court

Question 6

Amicus curiae

Answer 6

Latin for “friend of the court.” It is advice formally offered to the court in a brief filed by
an entity interested in, but not a party to, the case

Question 7

Answer

Answer 7

The formal written statement by a defendant in a civil case that responds to a complaint,
articulating the grounds for defense.

Question 8

Appeal

Answer 8

A request made after a trial by a party that has lost on one or more issues that a higher
court review the decision to determine if it was correct. To make such a request is “to
appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other
party is the “appellee.

Question 9

Appellant

Answer 9

The party who appeals a district court’s decision, usually seeking reversal of that
decision.

Question 10

Appellee

Answer 10

The party who opposes an appellant’s appeal, and who seeks to persuade the appeals
court to affirm the district court’s decision

Question 11

Bench trial

Answer 11

A trial without a jury, in which the judge serves as the factfinder.

Question 12

Binding authority

Answer 12

Also referred to as mandatory authority. Courts must follow and apply binding authority.
For example, a Pennsylvania statute is mandatory in Pennsylvania and a Pennsylvania
court must apply the language of the statute in cases before it.

Question 13

Brief

Answer 13

A written statement submitted in a trial or appellate proceeding that explains one side’s
legal and factual arguments

Question 13

Burden of proof

Answer 13

The duty to prove disputed facts. In civil cases, a plaintiff has the burden of proving his
or her case. In criminal cases, the government has the burden of proving the
defendant’s guilt. (See standard of proof.

Question 14

Case law

Answer 14

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decision

Question 15

Citation

Answer 15

A reference to a specific legal authority or source that gives all identifying information
about that source

Question 16

Code

Answer 16

A compilation of statutes, legislative acts, regulations, or ordinances usually arranged
topically.

Question 17

Common law

Answer 17

The legal system that originated in England and is now in use in the United States,
which relies on the articulation of legal principles in a historical succession of judicial
decisions. Common law principles can be changed by legislation

Question 18

Complaint

Answer 18

A written statement that begins a civil lawsuit, in which the plaintiff details the claims
against the defendant

Question 19

Count

Answer 19

An allegation in an indictment or information, charging a defendant with a crime. An
indictment or information may contain allegations that the defendant committed more
than one crime. Each allegation is referred to as a count

Question 20

Court of last resort

Answer 20

The highest judicial body within a jurisdiction’s court system

Question 21

Damages

Answer 21

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages
may be compensatory (for loss or injury) or punitive (to punish and deter future
misconduct)

Question 22

De facto

Answer 22

Latin, meaning “in fact” or “actually.” Something that exists in fact but not as a matter of law

Question 23

De jure

Answer 23

Latin, meaning “in law.” Something that exists by operation of law.

Question 24

De novo

Answer 24

Latin, meaning “anew.” A trial de novo is a completely new trial. Appellate review de
novo implies no deference to the trial judge’s ruling.

Question 25

Declaratory judgment

Answer 25

A judge’s statement about someone’s rights. For example, a plaintiff may seek a
declaratory judgment that a particular statute, as written, violates some constitutional
right

Question 26

Default judgment

Answer 26

A judgment awarding a plaintiff the relief sought in the complaint because the defendant
has failed to appear in court or otherwise respond to the complaint

Question 27

Defendant

Answer 27

In a civil case, the person or organization against whom the plaintiff sues; in a criminal
case, the person accused of the crime

Question 28

Deposition

Answer 28

An oral statement made before an officer authorized by law to administer oaths. Such
statements are often taken to examine potential witnesses, to obtain discovery, or to be
used later in trial.

Question 29

Dicta

Answer 29

Assertions or statements in a judicial opinion on points that are not necessary to
address an issue presented by a party

Question 30

Discovery

Answer 30

Procedures used to obtain disclosure of evidence before trial.

Question 31

Dismissal with prejudice

Answer 31

Court action that prevents an identical lawsuit from being filed later

Question 32

Dismissal without prejudice

Answer 32

Court action that allows the later filing.

Question 33

Docket

Answer 33

A log containing each case’s complete history in brief chronological entries summarizing
court proceedings.

Question 34

Due process

Answer 34

In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property

Question 35

En banc

Answer 35

French, meaning “on the bench.” All judges of an appellate court sit together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth
Circuit, an en banc panel consists of 11 randomly selected judges

Question 37

Evidence

Answer 37

Information presented in testimony or documents used to persuade the fact finder
(judge or jury) to decide the case in favor of one side or the other

Question 38

Ex parte

Answer 38

A proceeding brought before a court by one party only, without notice to or challenge by the other side