Learning the Language of the Law

A comprehensive set of vocabulary flashcards covering the basic legal terms, sources of law, standards of proof, and case procedures for first-year law students.

Primary Source of Law

Law created and published by any branch of the government, such as the U.S. Constitution, statutes, regulations, or cases.

Secondary Sources of Law

Publications that interpret, discuss, categorize, or provide notations to primary sources of law, including casebooks, treatises, legal scholarship, hornbooks, and study supplements.

Mandatory Authority

Law that must be followed by courts and others within a particular jurisdiction, such as trial courts following decisions of appellate courts within their own system.

Persuasive Authority

Law from outside of the relevant jurisdiction or commentary from a secondary source that courts need not follow.

Rules

Any standard, guide, or regulation established by a rule-making authority (court, legislature, or executive agency); a discrete item of "the law."

Factors Test

A test where the court considers many different components that are relevant to reach a decision.

Elements

Items that are defined by the law as being necessary to reach a decision.

Conjunctive Elements Test

A test where several elements must all be established for a rule to apply.

Disjunctive Elements Test

A rule that will apply when either one or another element is met.

Balancing Test

A test where the court weighs two or more factors to reach a decision.

Preponderance of the Evidence

A standard of proof where the party with the burden of proof must be more convincing than the other party, conceptually by at least $51\%$.

Clear and Convincing

A standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt.

Beyond a Reasonable Doubt

The highest standard of proof, applied in criminal cases.

Concurrence

A separate opinion issued by a justice who ultimately voted with the majority but disagreed with some or all of the reasons supporting the majority’s legal conclusion.

Plaintiff (or Petitioner)

The party who brings a civil suit in a court of law.

Defendant

The person sued in a civil proceeding or prosecuted in a criminal proceeding.

Appellant (or Petitioner)

The party who appeals the case, usually the party who lost in the lower court.

Appellee (or Respondent)

The party who must respond to the appellant/petitioner's appeal, usually the party who won in the lower court.

Summons

A notice indicating that the plaintiff has filed a lawsuit and the defendant is required to answer the complaint.

Complaint/Petition

A document filed by the plaintiff that initiates a lawsuit and sets forth facts and legal claims.

Answer

A response from the defendant to claims made in the complaint.

Motion to Dismiss/Demurrer

A request to the judge from the defendant to end the case because the complaint does not state a legal claim.

Precedent and Inherited Authority

The principle that a case needs to be decided in line with previous cases on a similar point with similar facts.

Procedural Facts

The logistical steps that happened within the lifespan of the case itself, from filing to the court’s decision.

Legally Relevant Facts

Facts that are important to a judge’s decision; if changed, they would alter the court's reasoning or change the holding.

Reasoning of the Court

The thought process of the court; the "how" and "why" the court reached its decision.

Holding/Ruling/Outcome

Terms used interchangeably to refer generally to the answer to the central question or issue of the case.

Disposition

The specific outcome of the case for the current litigants, such as "reversed and remanded for new trial on the merits."

Dicta

Any part of a court opinion that is unnecessary to the resolution of the dispute before the court; it is not binding on later courts.

Dissent

A separate opinion issued when a justice disagrees with the majority opinion and presents their opinion on the issue at dispute.

Discovery

The process by which parties obtain facts and evidence from each other by asking for documents and questioning witnesses.

Interrogatories

Written discovery questions.

Depositions

The questioning of parties or witnesses under oath.

Request for Documents

Written requests for documents as part of discovery, including medical records, emails, text messages, and other communications.

Motion for Summary Judgment

A request to end a lawsuit without trial because there are no legally relevant factual disputes and one side is entitled to prevail.

Trial

A proceeding where the judge or jury hears testimony, reviews evidence, and issues a verdict.

Motion for Directed Verdict

A request by the defense to dismiss the lawsuit after the plaintiff has presented testimony.

Jury instructions

Directions for the jury on how to consider evidence and what law to apply to the facts.

Verdict

The jury’s decision at the close of evidence.

JNOV (judgment notwithstanding the verdict)

A request to set aside the jury’s verdict.

Opinion and Judgment

The final decision of the court.

Appeal

When a party applies to a higher court for a different decision.

Briefs

Documents filed by the parties setting forth the legal basis for an appeal.

Indictment

A grand jury’s written accusation charging a person or entity with a crime after finding probable cause.

Preliminary Hearing

An alternative to a grand jury where a judge considers evidence and decides if there is probable cause to try the defendant.

Information

The charging document filed after a judge has found probable cause at a preliminary hearing.

Arraignment

A court appearance by the accused to hear the charges and enter a plea (guilty or not guilty).

Motion to Suppress

A request that the court refuse to allow a particular piece of evidence to be admitted.

Analogize a Case

To take the facts, rationale, or argument of a written decision and explain how they are similar to your case.

Distinguish a Case

To explain how there is a significant factual, procedural, or legal difference between a written decision and the facts of your case.