sub silentio
under silence; without notice being taken; without being expressly mentioned
res gestae
Latin: “things done”
the events at issue, or other events contemporaneous with them
declaratory judgment
a binding adjudication…
cognovit
Latin: “he has conceded (a debt or an action)”
an acknowledgment of debt or liability…
lis pendens
parens patriae
Latin: “parent of the country”
in loco parentis
Latin: “in the place of a parent”
ne exeat
Latin: “that he not depart”
in pari delicto
Latin: “in equal fault”
nunc pro tunc
Latin: “now for then”
in camera
Latin: “in a chamber”
1: In the judge’s private chambers
2: In the courtroom w/ all spectators excluded
3: Taken when court is not in session
predicate fact
1: a fact from which a presumption or inference arises
2: a fact necessary to the operation of an evidentiary rule
plain error
an error that is so obvious and prejudicial that an appellate court should address it despite the parties’ failure to raise a proper objection
fatal error / reversible error
reversible error / fatal error
harmful error
aka reversible error
prejudicial error
aka reversible error
plain error
an error that is so obvious and prejudicial that an appellate court should address it despite the parties’ failure to raise a proper objection
harmless error
an error that does not affect a party’s substantive rights or the case’s outcome
reversible error
an error that affects a party’s substantive rights or the case’s outcome, and thus is grounds for reversal if the party properly objected
abuse of discretion
an adjudicator’s failure to exercise sound, reasonable, and legal decision-making
an appellate court’s standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence