Key Words

Administrative ruling  A broadly applicable statement from an agency (e.g., attorney general’s office) that interprets a law

Affidavit  Written document containing statements sworn to be true

Amicus brief  Brief submitted by person or organization to advise a court on a particular issue in the case

Amicus curiae  Person or organization not party to a case but permitted by the court to advise it on a particular issue

Appeal  To ask a higher court to reverse the decision of a trial court

Appellate court/mid-level appeals court  A court with jurisdiction to review decisions of trial courts

Brief  A written legal argument submitted to the court

Circuit court  (Usually) any of the federal courts of appeals

Civil litigation  Dealing with civil or private rights, as opposed to criminal law

Co-counsel  Two or more unaffiliated lawyers representing the same party in the same matter

Common law  Body of law derived from judicial decisions rather than from statutes or constitutions

Complaint  The document filed with the court to initiate a legal case

Constitutional amendment  A change to the constitution of a nation or a state

De facto  A state of affairs that must be accepted for all practical purposes

De novo  Anew, afresh, a second time

Defendant  Party sued in a civil lawsuit or charged with a crime in a criminal prosecution

Deposition  A witness’s written testimony for later use in court or for discovery purposes

Discovery  The process of obtaining information before trial

Dissent  The opinion of a judge of an appellate or high court that disagrees with the prevailing opinion

District court  A trial court for federal cases

Equal protection  The constitutional right to have the same access and be treated equally by the law

Executive  The federal or state branch of government responsible for administering and enforcing laws

Federal court  The United States national court system; handles civil and criminal cases

Filing  Papers served upon a party in a case and filed with a court

Guardian  Person appointed by a judge to take care of a minor child or incompetent adult

Guardian ad litem  Person appointed by the court to take legal action on behalf of a minor or an adult

High court  A state’s highest court (usually the state supreme court), or in the federal system, the United States Supreme Court

Impact litigation  Precedent-setting cases designed to affect large numbers of people and bring about meaningful social change

In loco parentis  Functioning in the place of a parent; charged with a parent’s rights, duties and responsibilities

Interrogatory  A written request for further information in the discovery phase of a case

Intervenor/intervene  To obtain the court’s permission to enter into a lawsuit that has already started between other parties

Judiciary  The federal or state branch of government responsible for upholding the law and constitution and administering courts to decide disputes

Jurisdiction  The authority given by law to a court to try cases and rule on legal matters within a particular geographic or issue area

Jurisprudence  The entire subject of law, the study of law and legal questions

Legislative  Of or relating to lawmaking or to the power to enact laws

Legislator  One who makes laws within a given jurisdiction

Legislature  The federal or state branch of government responsible for enacting laws

Liability  The legal responsibility for one’s acts or omissions

Majority opinion  An opinion joined by more than half of the judges considering the case

Material fact  A fact that is significant or essential to the issue/matter at hand

Motion  A formal request made to a judge for an order or judgment

Order  A command, direction or instruction by a court or judge

Petition  Formal written request to a court for an order (command, direction or instruction) of the court

Plaintiff  Party who initiates a lawsuit

Pleadings  Written allegations by the parties of their respective claims and defenses

Precedent  A reported opinion of an appeals court that establishes the authority in the future on a given legal question

Pro bono  Legal work donated by lawyers

Procedural  Relating to the rules used in lawsuits and litigation proceedings

Recuse/recusal  A judge’s abstention from participation in a decision due to an actual or perceived conflict of interest

Remand  To send back to a lower court

Standing  The right to file a lawsuit or file a petition in a given matter

State supreme court  The highest state court in the state court system

Statute  A federal or state written law enacted by the Congress or state legislature

Statutory law  Written law set down by a legislature or other governing authority, as distinguished from a constitution or common law developed through legal cases

Summary judgment  Court order ruling that no issues of material fact are in question, and therefore a case can be decided without trial

Trial court  Court that hears the original arguments in a case, may include a jury

U.S. Supreme Court  The highest court in the United States, which has the ultimate power to decide constitutional questions

Venue  The proper or most convenient location for trial of a case

Voir dire  The questioning of prospective jurors by a judge and attorneys in court

Writ  An order issued from a court requiring the performance of a specified act, or giving authority to have it done