Plain-English definitions for legal terms

A deferential appellate standard used when reviewing many trial-management and discretionary decisions.

An appellate court's confirmation that the lower court's decision was correct and should stand.

A defendant’s opportunity to speak directly to the judge before sentence is imposed.

A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.

Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.

The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.

A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.

A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.

The requirement to show that evidence is what the offering party claims it is.

Release before trial under conditions designed to assure appearance and protect the community.

The constitutional proof standard the government must meet to convict a defendant of a crime.

A financial or secured promise tied to a defendant’s release and future court appearances.

A failure to perform a duty required by a valid contract without a legally recognized excuse.

The obligation to prove a claim, defense, or issue to the required legal standard.

A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.

A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.

The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.

A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.

A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.

Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.

A fault-allocation rule reducing or sometimes barring recovery based on the plaintiff’s share of responsibility.

The initial pleading filed by the plaintiff that starts a civil lawsuit.

Combining related cases for coordinated management, discovery, hearings, or trial.

A claim brought by a defendant against the plaintiff within the same lawsuit.

A claim by one party against a co-party, such as one defendant suing another defendant in the same case.

Money awarded to compensate for loss, punish misconduct, or otherwise remedy a legal wrong.

A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.

An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.

A clerk or court entry showing that a party failed to plead, defend, or otherwise respond as required.

A judgment entered against a party that failed to respond or defend after proper notice.

A pleading (in some state systems) asserting that the opposing party's pleading is legally insufficient even if its factual allegations are true.

Testimony given under oath outside of court, typically transcribed by a court reporter, used in discovery.

A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.

The pre-trial phase in which each party can obtain evidence, documents, and testimony from the other side.

A dismissal that ends the claim permanently and generally prevents the same claim from being filed again.

A dismissal that ends the current case or claim but may allow it to be filed again later.

Federal court power over certain state-law disputes between citizens of different states when the amount in controversy is high enough.

A constitutional guarantee that government must use fair procedures and respect certain protected rights before depriving life, liberty, or property.

French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.

The constitutional principle that government must treat similarly situated people alike unless it has a sufficient justification.

A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.

Federal court power over cases that arise under the U.S. Constitution, federal statutes, or treaties.

The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.

The constitutional protection against unreasonable searches and seizures.

An error that does not justify reversal because it did not affect substantial rights or the outcome.

An out-of-court statement offered to prove the truth of what the statement asserts.

The legal principle the court actually decided in the case, narrower than the broader 'opinion' surrounding it.

A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.

A criminal charging document filed by a prosecutor without a grand jury indictment.

An appeal from a non-final order before the entire case is over, allowed only in limited circumstances.

Written discovery questions that one party sends to another party and that must be answered under oath.

A procedure allowing a nonparty to join an existing lawsuit because the case may affect its interests.

The procedural rules for adding claims or parties to a lawsuit so related disputes can be handled together.

The formal order by which an appellate court returns jurisdiction to the lower court after appeal.

A request for judgment based only on the pleadings after the complaint and answer are closed.

A pretrial motion asking the court to admit, exclude, or limit specific evidence before the jury hears it.

A request asking the court to order another party to provide discovery it has withheld or answered inadequately.

A defendant's request that the court throw out the lawsuit before reaching the evidence, on the ground that the complaint fails as a matter of law.

A civil wrong based on failing to use reasonable care, causing legally recognized harm to another person.

The filing that starts an appeal by notifying the court and other parties that a judgment or order is being appealed.

A court's authority to make decisions binding on a particular defendant, based on the defendant's contacts with the forum state.

A request asking the appellate panel or full court to reconsider an appellate decision.

A strict appellate standard for unpreserved errors that were clear and affected substantial rights.

An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.

A court order requiring or prohibiting action while the lawsuit is pending, granted only on a strong showing of likelihood of success and irreparable harm.

The usual civil burden of proof, meaning a fact is more likely true than not true.

A court conference used to manage issues before trial, set deadlines, narrow disputes, or prepare the case for trial.

Latin: 'for oneself.' A litigant who represents themselves in court without an attorney.

A practical probability standard used for arrests, searches, warrants, and some charging decisions.

A sentence allowing a defendant to remain in the community under court-imposed conditions instead of serving prison time.

A court order limiting discovery or controlling how confidential information may be used and shared.

The legal limit on causation, asking whether the harm is closely enough connected to the defendant’s conduct to justify liability.

Money damages awarded to punish the defendant and deter similar conduct, beyond the plaintiff's actual losses.

A defense shielding government officials from damages unless they violated clearly established federal law.

The threshold evidence concept requiring proof to make a consequential fact more or less likely.

An appellate court's order returning a case to a lower court for further proceedings consistent with the appellate ruling.

The procedure that lets a defendant move a qualifying state-court case into federal court.

A discovery request asking another party to admit or deny specific facts, document authenticity, or legal applications.

A discovery request seeking documents, electronically stored information, tangible things, or inspection access.

Latin: 'a thing decided.' The doctrine that a final judgment on the merits prevents the same parties from re-litigating the same claim.

Court-ordered payment to compensate victims for losses caused by criminal conduct.

The rule allowing relevant evidence to be excluded when unfair prejudice, confusion, delay, or waste substantially outweighs its value.

Penalties imposed by a court for misconduct, rule violations, discovery abuse, or frivolous filings.

A court order setting the calendar for discovery, motions, expert disclosures, pretrial filings, and trial-related deadlines.

A judge’s authorization for law enforcement to search a specified place or thing for specified evidence.

The federal statute allowing lawsuits against state or local actors for constitutional and federal-rights violations.

A filing that argues what sentence the court should impose and why.

Formal delivery of a summons and complaint so a defendant receives legally recognized notice of a lawsuit.

Separating claims or parties into different proceedings to avoid unfairness, confusion, or inefficiency.

An equitable remedy ordering a party to perform a contractual obligation rather than merely pay damages.

The constitutional requirement that a plaintiff have a sufficient personal stake in the controversy to invoke federal court jurisdiction.

Latin: 'to stand by things decided.' The principle that courts follow precedent established by earlier decisions of the same or higher court.

The requirement that many constitutional claims involve government action rather than purely private conduct.

A deadline for filing a lawsuit or charge, usually measured from injury, discovery, breach, or another triggering event.

A court's authority to hear a particular type of case. Federal courts have limited subject-matter jurisdiction.

A formal court-issued order requiring a person to appear, testify, or produce documents.

A pre-trial decision that the case can be resolved as a matter of law because there is no genuine dispute of material fact.

A court-issued document notifying a defendant that a lawsuit has been filed and that a response is required.

A period of federal supervision after imprisonment, with conditions that can lead to revocation if violated.

A federal court’s ability to hear related state-law claims that form part of the same case or controversy as a federal claim.

A defense motion asking the court to exclude evidence obtained in violation of constitutional or statutory rules.

An emergency court order, often issued without notice to the opposing party, that lasts only days until a preliminary injunction hearing.

A pleading that brings a nonparty into the case because that nonparty may owe all or part of the defendant’s liability.

Moving a case from one federal district to another for convenience, fairness, or because the original venue was improper.

To formally annul or set aside a prior court order or judgment.

The rule deciding which geographic federal district is the proper place for a lawsuit.

The questioning of prospective jurors (or witnesses) to determine their qualifications and impartiality.

A plaintiff’s dismissal of its own claims, either automatically early in the case or later by stipulation or court order.

A protection for materials prepared by or for a party or lawyer in anticipation of litigation.

Latin: 'you shall have the body.' A court order requiring a person in custody to be brought before the court to test the legality of detention.

An extraordinary court order compelling a lower court or government official to perform a clear legal duty.