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.

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

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

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

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

A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.

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

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

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

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

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

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

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

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

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

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