Legal Research & Writing Terms

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.

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.

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.

Court of last resort

The highest judicial body within a jurisdiction’s court system.

De novo

Latin, meaning 'anew.' A completely new trial.

En banc

French, meaning 'on the bench.' All judges of an appellate court sit together to hear a case.

Exhaustion

The parties must have exhausted any possible avenues for relief available in the trial court or administrative body.

Finality

The action by the trial court or administrative body must be final and have a real impact on the parties.

Opinion

A judge's written explanation of the decision of the court applying precedent to the facts of the case.

Majority opinion

Serves as precedent for future decisions.

Concurring opinion

Agrees with the decision of the majority opinion but offers further comment or clarification.

Dissenting opinion

Disagrees with the majority opinion because of the reasoning or principles of law used by the majority.

Oral argument

An opportunity for lawyers to summarize their position before the court and answer the judges' questions.

Panel

In appellate cases, a group of judges (usually three) assigned to decide the case.

Per curiam

Latin, meaning 'for the court.' Often refers to an unsigned opinion in appellate courts.

Remand

Send back.

Reverse

The act of a court setting aside the decision of a lower court.

Ripeness

The dispute must present a current controversy with immediate effects on the parties.

Uphold

The appellate court agrees with the lower court decision and allows it to stand.

Writ of certiorari

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal.

Due process

The constitutional guarantee that a defendant will receive a fair and impartial trial.

Exclusionary rule

Doctrine that evidence obtained in violation of a defendant's constitutional rights is not admissible at trial.

Federal question jurisdiction

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Moot

Not subject to a court ruling because the controversy has not actually arisen or has ended.

Political questions

Nonjusticiable disputes between the other branches of the federal government that are political in nature.

Precedent

A court decision in an earlier case with similar facts and legal issues.

Standing

The parties must have an actual, cognizable interest in the litigation.

Stare decisis

A principle that requires a court to follow its prior decisions addressing the same issue.

Count

An allegation in an indictment or information, charging a defendant with a crime.

Felony

Typically, an offense punishable by imprisonment for more than twelve months.

Grand jury

A body that determines whether there is probable cause to believe an offense was committed.

Habeas corpus

Latin, meaning 'you have the body.' A judicial order forcing law enforcement to produce a prisoner.

Indictment

The formal charge issued by a grand jury stating there is enough evidence for a trial.

Information

A formal accusation by a government attorney that the defendant committed a misdemeanor.

Misdemeanor

Typically, a non-violent offense punishable by imprisonment for less than twelve months or a fine.

Nolo contendere

No contest. A plea that has the same effect as a guilty plea without admitting guilt.

Peremptory challenge

The right to exclude a certain number of prospective jurors without cause.

Petit jury

A group of citizens who hear evidence and determine facts in dispute.

Plea

The defendant's statement pleading 'guilty' or 'not guilty' in answer to charges.

Affidavit

A written or printed statement made under oath.

Answer

The formal written statement by a defendant in a civil case responding to a complaint.

Brief

A written statement submitted to explain one side's legal and factual arguments.

Complaint

A written statement that begins a civil lawsuit detailing claims against the defendant.

Deposition

An oral statement made before an authorized officer to examine potential witnesses.

Interrogatories

A form of discovery consisting of written questions answered in writing under oath.

Memorandum

A document used to communicate legal analysis.

Petition

The document that initiates the filing of a bankruptcy proceeding.

Pleadings

Written statements filed with the court describing a party's assertions about the case.

Record

A written account of the proceedings in a case, including pleadings and evidence.

Transcript

A written, word-for-word record of what was said in a proceeding.

Warrant

Court authorization for law enforcement to conduct a search or arrest.

Writ

A written court order directing a person to take or refrain from an action.

De facto

Latin, meaning 'in fact' or 'actually.' Something that exists in fact but not in law.

De jure

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

In forma pauperis

Permission given by the court to file a case without payment of required fees.

Pro se

Representing oneself; serving as one's own lawyer.

Sua sponte

Latin, meaning 'of its own will.' Refers to a court taking action without being asked.

Binding/Mandatory authority

Mandatory authority that courts must follow and apply.

Case law

The law as established in previous court decisions; synonymous with legal precedent.

Citation

A reference to a specific legal authority or source with identifying information.

Code

A compilation of statutes and regulations arranged topically.

Common law

The legal system originating in England relying on judicial decisions.

Constitution

The fundamental law of a state establishing government structures and citizen rights.

Dicta

Assertions or statements in a judicial opinion not necessary to address an issue.

Persuasive/Non-binding authority

Also known as persuasive authority; a court may consider it but is not required to.

Primary authority

Any law created and published by a governing entity.

Regulation

A law created by an executive branch agency implementing a statute.

Secondary authority

Commentary about the law from sources explaining how the law works.

Statute

A law passed by a legislature.

Acquittal

A jury verdict that a criminal defendant is not guilty.

Affirmed

When a court of appeals concludes that the lower court decision is correct.

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 relief because the defendant has failed to respond.

Dismissal with prejudice

Court action preventing an identical lawsuit from being filed later.

Dismissal without prejudice

Court action allowing for later filing.

Finding

A determination of fact made by a court in a judicial opinion.

Holding

The court's answer to a legal question including the rule of law and pertinent facts.

Injunction

A court order preventing one or more parties from taking some action.

Judgment

The official decision of a court finally resolving the dispute between parties.

Mistrial

An invalid trial caused by fundamental error; the trial must start again.

Settlement

Parties resolve a lawsuit dispute without trial, often involving compensation.

Temporary restraining order

A judge's short-term order forbidding certain actions until a full hearing.

Verdict

The decision of a trial jury or judge determining guilt or outcome.

Defendant

The person or organization against whom the plaintiff sues in a civil case.

Plaintiff

A person or business that files a formal complaint with the court.

Adversarial 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.

Bench trial

A trial without a jury, where the judge serves as the fact finder.

Docket

A log containing a case's complete history in brief chronological entries.

Ex parte

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

Jurisdiction

The legal authority of a court to hear and decide a certain type of case.

Jury

The group of persons selected to hear evidence in a trial and render a verdict.

Jury instructions

A judge's directions to the jury about factual questions and legal rules.

Motion

A request by a litigant to a judge for a decision on an issue.

Pretrial conference

A meeting of the judge and lawyers to plan the trial and discuss settlement.

Procedure

The rules for conducting a lawsuit; includes rules of civil and criminal procedure.

Service of process

The delivery of writs or summonses to the appropriate party.

Standard of proof – Civil

Majority requires proof by a preponderance of the evidence.

Standard of proof – Criminal

Prosecutors must prove a defendant’s guilt beyond a reasonable doubt.

Statute of limitations

The time within which a lawsuit must be filed or a prosecution begun.