Legal Terms Flashcards
Acquittal
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.
Admissible
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases
Adversary Proceeding
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
Affidavit
A written or printed statement made under oath
Affirmed
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
Amicus curiae
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
Answer
The formal written statement by a defendant in a civil case that responds to a complaint,
articulating the grounds for defense.
Appeal
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.
Appellant
The party who appeals a district court’s decision, usually seeking reversal of that
decision.
Appellee
The party who opposes an appellant’s appeal, and who seeks to persuade the appeals
court to affirm the district court’s decision
Bench trial
A trial without a jury, in which the judge serves as the factfinder.
Binding authority
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.
Brief
A written statement submitted in a trial or appellate proceeding that explains one side’s
legal and factual arguments
Burden of proof
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.
Case law
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decision
Citation
A reference to a specific legal authority or source that gives all identifying information
about that source
Code
A compilation of statutes, legislative acts, regulations, or ordinances usually arranged
topically.
Common law
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
Complaint
A written statement that begins a civil lawsuit, in which the plaintiff details the claims
against the defendant
Count
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
Court of last resort
The highest judicial body within a jurisdiction’s court system
Damages
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)
De facto
Latin, meaning “in fact” or “actually.” Something that exists in fact but not as a matter of law
De jure
Latin, meaning “in law.” Something that exists by operation of law.
De novo
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.
Declaratory judgment
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
Default judgment
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
Defendant
In a civil case, the person or organization against whom the plaintiff sues; in a criminal
case, the person accused of the crime
Deposition
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.
Dicta
Assertions or statements in a judicial opinion on points that are not necessary to
address an issue presented by a party
Discovery
Procedures used to obtain disclosure of evidence before trial.
Dismissal with prejudice
Court action that prevents an identical lawsuit from being filed later
Dismissal without prejudice
Court action that allows the later filing.
Docket
A log containing each case’s complete history in brief chronological entries summarizing
court proceedings.
Due process
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
En banc
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
Evidence
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
Ex parte
A proceeding brought before a court by one party only, without notice to or challenge by the other side
