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General Legal Glossary > > >  ADA    Franchise    Class Action    Banking & Financial    Business    Corporate    Employment    Entertainment    Intellectual Property    Internet    Litigation    Real Estate    A  |   B  |   C  |   D  |   E  |   F  |   G  |   H  |   I  |   J  |   K  |   L  |   M  |   N  |   O  |   P  |   Q-R  |   S  |   T  |   U-V  |   W-Z  |   A Adversary: The opponent in a case or the other party in a case. Affirm: To support the decision or actions of a lower court. Alternative Dispute Resolution: Ways to settle a case without going to court. Appeal: A review, initiated by one of the parties to a case. Appellate Court: A court that hears appeals from a lower court of record. Appellant: The party appealing a decision. Appellant's Brief: A written document explaining the legal errors the appellant believes were made during the trial that justifies overturning the decision of the trial court. Appellate Rules: Rules or official instructions, developed by the Supreme Court that tell how the appellate process must work. Appellee: The party who won in the trial court. Appellee's Brief: A written document responding to the appeal of an appellant. Arbitration: A way to settle a dispute , instead of going to trial, in which an impartial party called an 'arbitrator' hears the arguments and makes a sometimes binding decision for the parties. Arrest: The restraint and seizure of a person by a police officer in connection with a crime, in which the person is not free to leave. Attorney/Lawyer: A person who has been trained and licensed to represent others in legal matters. Back to Top B Bail: A sum of money deposited to the court by a defendant who is awaiting trial to guarantee his or her appearance in court. Bailiff: A court official who keeps order in the courtroom and assist the jury. Bench Trail: A trial without a jury in which the judge makes the final decision about the case. Binding: To be required legally. Brief: A written presentation of arguments. Back to Top C Certificate of Service: A statement saying how and when a person was served. Circuits: Designated regions within a state where the state Constitution says certain courts are to be established. Citation: A reference to legal authority such as cases that have already been decided by a Court, statutes, or the state or federal consitution. Civil Case/Suit: A lawsuirt to enforce a right or to gain repayment for a wrong done to another person. Clerk: Court official who keeps court records, official files, and administers the oath to jurors and witnesses. Clerk's Record: The papers and motions filed in the trial court as well as orders issued by the judge. Complaint: A document filed to begin a civil case. Compensatory Damages: Damages awarded to compensate an injured person for the actual (proven) injury or loss. Concurrent Jurisdiction: When two or more courts share the authority to hear a certain kind of case. Concurring Opinion: A written opinion of an appellate court in which teh writing judge agrees with the decision reached by the majority of the judges. Contract: A legally enforceable agreement between two parties. Court of Appeals: The intermediate-level appellate court in a state. Criminal Case: A case brought by the government against a person accused of violating a state's criminal laws. Back to Top D Damages: Money that must be paid by the loser in a civil case to the winner to compensate him or her for the harm the loser caused. Defendant: In a criminal case, the person who is charged with a crime; in a civil case, the person against whom damages are sought. Defense Attorney: The lawyer who defends the defendant or the accused person. Deliberation: The process where the jury determines in private whether a defendant is guilty. Denial of Transfer: The court's refusal to grant a request for a Motion or Petition of Transfer or take a case from a lower court. De Novo: To begin anew. Detain: To keep in custody or temporary confinement. Direct Appeal: A case that, if appealed, moves directly from the trial court to the supreme court. Discretionary Jurisdiction: When a court is not required to hear a case but may if it chooses. Dissenting Opinion: A written opinion of an appellate court in which the writing judge disagrees wtih the decision reached by the majority. Docket: List of documents in a case that have been filed with the Clerk's office and the date on which they were filed. Double Jeopardy: The name for putting a criminal on trial again after he or she has been found not guilty. Back to Top E Evidence: Legally relevant pieces of proof presented at the trial through witnesses, documents, physical objects, etc. Expedited Appeals: The court will expedite cases involving issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services, etc. Back to Top F Felony: A major crime usually punishable by a fine and/or prison sentence. File Stamped: A document that has the official stamp of a clerk's office indicating the date on which a document was accepted for filing. Final Judgment: Final decision by the trial court. Back to Top G Grand Jury: A group of citizens who decide whether or not there is enough evidence to charge a suspect with a crime. Guilty: A person can enter a plea of 'guilty' by admitting in court that he or she committed the offense for which he/she is charged. Back to Top H Hung Jury: A jury unable to reach a verdict because not all the jurors could agree. Back to Top I Incarceration: Imprisonment. Indigent: Someone who is unable to afford to pay the fees and costs related to a case. Interlocutory Appeal: An appeal that occurs during the course of a trial, before the trail court reaches a decision. Back to Top J Jail: A building designated by law, or regularly used, for the confinement of persons held in lawful custody. Judgment: A final appealable order in a civil or criminal case. Jurisdiction: The authority or power the court has to act or hear a case and make a decision. Jury: A group of citizens, called jurors, randomly selected and chosen by law to hear a case and render a verdict based on the facts presented to them. Jury Trial: Often referred to as 'trial by jury,' this is a trial in which a jury hears the facts of a case and renders a verdict based on the facts. Justice: The term used for judges of the Supreme Court. Back to Top K Back to Top L Liabel/Liability: A legal responsibility, obligation, or debt. Libel: Harmful remarks,. made in writing, that might injure a person's reputation. Litigants: Parties to a case; the persons involved in a lawsuit. Litigation: To contest in a legal proceeding; a case is tried in court. Lower Court: To county or city court where a case starts. Back to Top M Majority Opinion: An opinion that is signed by more than half of the judges considering a case. Mandamus: A command. Mandatory Jurisdiction: When a court MUST hear a case brought before it on appeal. Medical Malpractice: A case involving a doctor's alleged failure to provide care at an acceptable level. Memorandum Decision: The written decisionof the court including the rasons for the decision and the facts on which the decision was based. Misdemeanor: A minor offense punishable by jail term of not more than one year and/or a fine of no more than $5,000. Motion: The procedure by which a party asks the appellate court to do something or to permit one of the parties to do something. Movent: The party asking the court for something. Back to Top N Not Liable: Where a person is not responsible or legally obligated. Notice of Appeal: A document filed in the trial court that lets the court know that you intend to appeal the decision of the court. Back to Top O Opinion: A court's written discussion of the legal issues raised by a court case and the court's decision about those issues. Oral Argument: The presentation of information before an appellate court that states a party's position and the reasoning behind it. Order: A written or oral decision by a court or administrative agency that resolves a matter and/or directs the parties to do something. Ordinances: Laws passed by the legislative body of a municipal court, city laws. Back to Top P Party: One party in a lawsuit. Pauper Status: A paty without the financial resources to pay all of the court fees and costs, and to whom the court grants permission to proceed without paying all the fees and costs. Peremptory Challenge: A requrest by an attorney for either side to disqualify a juror. Petition: A formal written request made to a court. Petition for a Writ of Certiorari: A document filed to request that the US Supreme Court review a decision made by a state supreme court. Petition for Rehearing: A document filed that points out errors in an appellate court decision and requests that the same court that issued the opinion reconsider it for decision. Petition for Transfer: A document filed to request that the court accept jurisdiction over a case. Plaintiff: The party who starts a lawsuit, or in a criminal case the prosecutor. Plea: Defendant's response to criminal charges. Plea Bargaining: Negotiations between a defense attorney and a prosecutor in which a guilty plea is exchanged for either a lesser charge or a lesser sentence. Post Conviction Relief: The procedure where a defendant in a criminal case can argue that the conviction or sentence was made in violation of the Constitution, that the court which sentenced him was without the authority to do so. Precedent: A previously decided case that is recognized as binding on future cases that have similar facts and/or legal issues. Probate Court: A trial court that handles cases involving the administration of the estates of people who have passed away, guardianships, and mental health hearings. Prosecution: In criminal cases, it is the state that initates the case; they are referred to as the prosecution. Public Defender: An attorney appointed by and paid by the government to represent people accused of crimes who cannot afford to hire their own lawyers. Back to Top Q-R Question of Fact: A question that depends on an examination of factual matters. Question of Law: A question that depends on an examination of law, rather than fact. Remand: To return a case from an appellate court back to the lower court. Remit: The court's reduction of the damages awarded in a jury trial. Reply Brief: In an appeal, a second brief filed by the appellant in response to the legal arguments made in the brief of the appellee. Relator: The party in whose behalf writs are filed, issued, or ordered. Reverse: To set aside or cancel a judgment or decision by a making a contrary decision. Back to Top S Show Cause Order: An order from the Court requiring a party to explain why a certain thing should or should not be permitted. Slander: Harmful remarks that might injure a person's reputation that are made verbally. Stare Decisis: Latin for 'let the decision stand.' Statute of Limitations: A legally established time limit for entering a suit or beginning a prosecution. Stay: A court order which temporarily suspends court proceedings or the effect of a judgement. Summary Judgment: A judgment issued by a judge where there is agreement about the set of relevant facts. Supreme Court: The highest court in each state and the highest court in the nation. Back to Top T Table of Authorities: A listing of all the legal cases, statutes, and secondary authority used in the brief and the pages on which each authority is cited. Toll: To stop the running of time, especially regarding time allowed before filing a suit. Tort: A private or civil wrong or injury where there is no contract. Transcript: The written version of everything that was said at the trial or hearings in the case. Trial: Proceedings in open court after the pleadings are finished, from jury selection to presentation of the evidence and arguments. Trial Court: The city or county court where a case starts. Trial Record: A written copy of the trial court proceeding and other documents that are filed with an appeal to an appellate court. Back to Top U-V Verdict: A formal decision or finding made by a jury. Voir Dire: The act or process of questioning prospective jurors. Back to Top W-Z Witness: One who testifies under oath to what he/she saw, heard, or otherwise. Writ: An extraordinary remedy that can be sought from the state supreme court. Back to Top

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