Glossary
The terms below all appear at least once in our articles. This is a page where you can refer to these terms to fully comprehend the articles, as well as a space for legal terms and definitions.
Acquittal — A formal judgment that a defendant is not guilty of the crime with which they were charged. It concludes the criminal proceeding in the defendant's favor.
Admissible — Evidence or testimony that satisfies the legal standards required for it to be presented and considered in court. Evidence that fails to meet these standards is excluded from trial.
Affidavit — A written statement of facts that is sworn or affirmed under oath, typically used as evidence in court. It carries the same legal weight as testimony given in person.
Affirm — An appellate court's decision to uphold and leave in place the ruling of a lower court. The original judgment remains binding once affirmed.
Algorithmic Recommendation System — An automated process, typically used by a technology platform, that surfaces or promotes content to users. In legal contexts, it refers to the system under scrutiny for potentially constituting an "act" that could give rise to liability.
Appeal — A request made to a higher court to review and potentially change the decision of a lower court. Appeals are generally limited to questions of law rather than new factual findings.
Appellate Jurisdiction — The authority of a higher court to review, and possibly revise, the decision of a lower court. It is distinguished from a court's power to hear a case for the first time.
Arbitration — A private, out-of-court method of resolving disputes in which a neutral third party issues a binding decision. Employment and consumer contracts often include clauses requiring disputes to be arbitrated rather than litigated in court.
Arm of the State — A legal doctrine used to determine whether a public entity, such as a state agency or public corporation, shares the state's sovereign immunity from lawsuits. Courts typically look to the entity's legal structure and whether a judgment against it would be paid from the state treasury.
Arraignment — The court proceeding at which a defendant is formally informed of the charges against them and enters a plea of guilty, not guilty, or no contest. It is typically the first formal appearance in a criminal case.
Bail — Money or property deposited with the court to secure a defendant's release from custody, with the understanding that it will be forfeited if the defendant fails to appear for trial.
Balance of Power — The system of checks and balances built into government structure to ensure that no single branch of government becomes too powerful. Each branch retains some ability to limit the actions of the others.
Burden of Proof — The obligation to produce evidence establishing a claim. In criminal cases, this burden falls on the prosecution, which must prove guilt beyond a reasonable doubt.
Cause of Action — The specific legal right or set of facts that entitles a person to bring a lawsuit against another party. Without a valid cause of action, a court will typically dismiss a case.
Certiorari (Writ of Certiorari) — An order by which a higher court, most notably the Supreme Court, agrees to review the decision of a lower court. Granting "cert" is discretionary, and the Supreme Court denies the vast majority of petitions it receives.
Circuit Court (U.S. Court of Appeals) — A federal appellate court that reviews decisions from federal district courts within its geographic circuit. There are thirteen federal circuits, each covering a different region of the country.
Class Action — A lawsuit in which one or more plaintiffs sue on behalf of a larger group of people who share similar claims against the same defendant. It allows many individually small claims to be resolved efficiently in a single proceeding.
Collateral Order Doctrine — A narrow exception allowing certain pretrial rulings, such as the denial of immunity, to be appealed immediately rather than waiting until the case reaches a final judgment. It applies only to orders that resolve an issue completely separate from the merits of the underlying case.
Compassionate Release — A legal mechanism allowing a court to reduce a federal prisoner's sentence upon a finding of "extraordinary and compelling" reasons. It functions as a limited exception to the general rule that criminal sentences are final.
Compelling Interest — A government objective important enough to justify a law that would otherwise infringe on a constitutional right. It is the standard the government must meet to survive the toughest form of judicial review, strict scrutiny.
Concurring Opinion — A separate opinion written by a judge who agrees with the outcome reached by the majority but wishes to offer different or additional reasoning. It does not carry the same binding authority as the majority opinion.
Consolidation (of Cases) — The court's decision to combine two or more related lawsuits into a single proceeding, typically because they raise the same legal question. It allows the court to resolve overlapping disputes with one opinion.
Constitutional Claim — A legal argument asserting that a government action or law violates a right or principle protected by the
Constitution.Contract — A legally binding agreement between two or more parties that obligates each one to do, or refrain from doing, certain things.
Cross-Examination — The questioning of a witness by the opposing party's attorney, conducted after that witness has already testified under direct examination. It is used to test the witness's credibility and the reliability of their testimony.
Damages — Monetary compensation that a court may order a defendant to pay to a plaintiff to cover losses or injuries the plaintiff has suffered.
Declaratory Judgment — A court ruling that formally establishes the legal rights or status of the parties, without ordering any specific action or awarding damages. It is often sought to clarify whether a law or policy is constitutional before it is enforced.
Deference (Judicial Deference) — The degree of respect a reviewing court gives to the factual findings or legal conclusions of a lower court, agency, or other decision-maker. Higher deference makes a decision harder to overturn on appeal.
Defendant — The person or party being sued in a civil case, or accused of a crime in a criminal proceeding.
Defense — A defendant's formal response to civil or criminal charges, or the legal team representing the defendant in a case.
Deposition — Sworn testimony given by a witness or party outside of court, typically during the discovery phase, and recorded for potential use at trial.
Derivative Sovereign Immunity — A legal defense allowing a private government contractor to share in the government's own immunity from suit, on the theory that the contractor was simply carrying out the government's specific instructions. It generally does not apply if the contractor's conduct was not actually directed by the government.
Discovery — The pre-trial process during which both parties exchange information and gather evidence relevant to the case.
Dissenting Opinion — A separate opinion written by a judge who disagrees with the outcome reached by the majority. Though it carries no binding legal force, a dissent can later influence how the law develops.
En Banc — A hearing in which a case is reviewed by all, or a larger panel, of the judges on an appellate court, rather than the usual panel of three. It is typically reserved for cases of exceptional importance or to resolve inconsistent rulings within the same court.
Habeas Corpus — A legal action that allows a person in custody to challenge the lawfulness of their detention or imprisonment before a court. It is often described as a fundamental safeguard against unlawful confinement.
Hearsay — An out-of-court statement offered to prove the truth of the matter it asserts, generally inadmissible in court because the person who made the statement is not available for cross-examination.
Holding — The court's binding legal determination on the central issue or issues of a case, which forms the precedent that guides future decisions.
Injunction — A court order requiring a party to do, or refrain from doing, a specific act. It is a form of equitable relief distinct from a monetary damages award.
Just Compensation — The fair market value that the government must pay a property owner when it takes private property for public use.
Liability — Legal responsibility for one's acts or omissions, which can result in a party being held legally accountable for harm or damage caused.
Lower Court — Any court subordinate to a higher appellate or supreme court that hears and rules on a case in the first instance.
Majority Opinion — The official opinion of a court, joined by more than half of the participating judges, that states the court's holding and reasoning. It carries binding legal authority as precedent.
Mandatory Minimum Sentence — A fixed, minimum term of imprisonment that a statute requires a judge to impose upon conviction for a particular crime, regardless of the individual circumstances of the case.
Manslaughter — The crime of killing another person without malice, distinguishing it from murder.
Major Questions Doctrine — A principle of statutory interpretation holding that decisions of vast economic or political significance require clear and explicit authorization from Congress, rather than being inferred from ambiguous statutory language.
Mistrial — A trial terminated before reaching its normal conclusion due to a fundamental error or extraordinary circumstance, such as a hung jury.
Motion to Suppress — A formal request asking a court to exclude specific evidence from trial, typically on the grounds that it was obtained in violation of a defendant's constitutional rights.
Objection — A formal protest raised by an attorney during trial to challenge the admissibility of evidence or the propriety of a question.
Original Jurisdiction — The authority of a court, such as the Supreme Court in certain disputes between states, to hear a case first, before any other court has considered it.
Overreach — The excessive or improper use of power by a branch or body of government beyond what is properly authorized.
Overruled — A judge's decision to reject an attorney's objection, allowing the disputed evidence or question to proceed.
Per Curiam — An opinion issued "by the court" as a whole, rather than authored by a single named judge. It is often used for cases the court views as requiring only a brief or summary resolution.
Plaintiff — The person or party who initiates a lawsuit by filing a complaint against another party.
Plea Bargain (Plea Deal) — An agreement between the prosecution and a defendant in which the defendant pleads guilty, often to a lesser charge or in exchange for a reduced sentence, in order to avoid a full trial.
Precedent — A legal principle or rule established in a previous case that guides how courts decide similar cases in the future.
Preemption — A legal doctrine under which federal law overrides, or "preempts," a conflicting state law. It stems from the Constitution's designation of federal law as the supreme law of the land.
Prosecution — The legal party responsible for presenting the case against a defendant in a criminal trial, typically representing the government.
Property Rights — The legal rights to possess, use, and dispose of land or other possessions, protected under both state and federal law.
Prospective Relief — A court remedy that addresses only future conduct, such as an order preventing a law's continued enforcement, rather than undoing or compensating for past harm.
Qualified Immunity — A legal doctrine shielding government officials, including police officers, from civil liability unless their conduct violated a constitutional right that was "clearly established" at the time. It is one of the most heavily litigated defenses in civil rights cases.
Racial Gerrymander — The practice of drawing electoral district lines predominantly on the basis of race. Courts have held that such maps are subject to strict scrutiny and may violate the Constitution unless justified by a compelling government interest.
Rational Basis Review — The most lenient standard of judicial review, under which a law will be upheld so long as it is rationally related to a legitimate government purpose. It is the easiest standard for a challenged law to survive.
Reasonable Doubt — The highest burden of proof used in a criminal trial, requiring the prosecution to present evidence so convincing that the jury has no other logical explanation for the facts presented.
Reasonable Suspicion — A legal standard, lower than probable cause, requiring specific, articulable facts that would lead a reasonable officer to suspect criminal activity. It is the minimum justification needed for police to briefly stop and question a person.
Remand — An appellate court's decision to send a case back to a lower court for further proceedings consistent with its ruling.
Retroactivity — Whether a new law or legal change applies to conduct, sentences, or cases that occurred before the law took effect. Congress or a court may choose to make a change retroactive or may limit it to future cases only.
Reverse — An appellate court's decision to overturn the ruling of a lower court, replacing it with a different outcome.
Sovereign Immunity — A legal doctrine that protects a government from being sued without its consent. Various statutes create limited exceptions that allow certain types of lawsuits against the government to proceed.
Standard of Review — The degree of scrutiny an appellate court applies when evaluating a lower court's or agency's decision. It determines how much deference the reviewing court gives to the original decision-maker.
Statute of Limitations — The time limit within which a lawsuit must be filed or criminal charges must be brought.
Strict Scrutiny — The most demanding standard of judicial review, requiring the government to show that a challenged law is narrowly tailored to serve a compelling government interest. It is typically applied to laws that restrict fundamental rights or classify people by race.
Subpoena — A legal document ordering a person to appear in court as a witness or to produce specified documents or evidence.
Substantial Evidence Standard — A deferential standard of judicial review under which a reviewing court will not overturn a factual finding unless the evidence in the record is so compelling that no reasonable person could have reached the same conclusion.
Summary Judgment — A court ruling deciding a case, or part of a case, without a full trial, issued when there is no genuine factual dispute and one party is entitled to win as a matter of law.
Summary Reversal — A decision by an appellate court to overturn a lower court's ruling without full briefing or oral argument, typically reserved for cases the court views as a clear legal error requiring no extended process.
Sustained — A judge's decision to agree with an attorney's objection, ruling that the disputed evidence or question is not allowed.
Takings Clause — The provision of the Fifth Amendment that prohibits the government from taking private property for public use without paying just compensation.
Testimony — A formal statement given by a witness under oath, either in court or during a deposition.Totality of the Circumstances — A legal standard requiring a court to weigh all the surrounding facts of a situation together, rather than evaluating each fact in isolation, most commonly applied when assessing whether police had reasonable suspicion or probable cause.
Vacate — An appellate court's decision to void or nullify a lower court's judgment, often as a step before remanding the case for further proceedings.
Verdict — The formal decision or finding made by a jury or judge on the matters submitted during a trial.
Vote Dilution — Election practices or district maps that reduce the effective voting power of a particular group, most often addressed under Section 2 of the Voting Rights Act.
Writ of Mandamus — A court order directing a lower court or government official to perform a mandatory duty that they have neglected or refused to carry out.