Glossary
Chapter 1
Acquittal A verdict after a criminal trial that the defendant has not been proven guilty beyond a reasonable doubt.
Action A lawsuit.
Administrative regulations Laws enacted by administrative agencies, such as the FCC.
Affidavit A written statement given voluntarily and under oath. For example, in a libel case, affidavits of witnesses might be used to support a motion for summary judgment.
Affirmed In the practice of appellate courts, a ruling to uphold the decision of a lower court.
Answer The defendant's formal response to a plaintiff 's allegations as stated in a civil complaint.
Appellant The party who appeals a court judgment to a higher court. Sometimes called the petitioner.
Appellate court A court with jurisdiction to hear appeals and review the rulings of trial courts.
Appellee The party against whom an appeal is taken. Sometimes called the respondent.
Arraignment A criminal proceeding in which an accused is brought before the court to hear the charge against him or her and to enter a plea of guilty or not guilty.
Bench trial A trial in which all factual and legal determinations are made by a judge, without the presence of a jury.
Bill of Rights The first ten amendments to the U.S. Constitution, ratified by the states in 1791.
Breach of contract A legally inexcusable failure to perform as obligated under a contract.
Brief A persuasive document prepared by the lawyer arguing a case in court. It sets forth the factual and legal arguments being made on the client's behalf.
Case law Law derived from the previous, published decisions of appellate courts.
Cause of action Particular facts entitling a person to a claim for legal redress. For example, a sloppy news story could provide a cause of action for libel and a cause of action for invasion of privacy.
Certiorari A discretionary order commonly used by the U.S. Supreme Court to indicate that the Court has agreed to review a case. This action by the Court is referred to as granting cert.
Civil law The law pertaining to non-criminal matters in which one person or business sues another to obtain some legal relief.
Codes Systematic compilations of laws, such as the statutes or administrative regulations of a state.
Common law Legal rules and principles that originate solely from judicial decisions, as distinguished from the laws enacted by legislatures.
Complaint A legal document that begins a lawsuit by stating the plaintiff 's grievance and the remedy being sought. The initial pleading filed in a civil case.
Concurring opinion An appellate court opinion in which one or more judges agree with the majority ruling but state different or additional reasons.
Constitution The fundamental law of a nation or state, typically establishing the government's basic organization and describing the extent and limits of its sovereign powers.
Constitutional law Law concerning the basic organization and powers of government and the individual liberties enumerated in constitutions.
Contract A legally enforceable agreement made either orally or in writing.
Controversy A real, concrete dispute concerning legal rights between parties, such that it qualifies for resolution in a court of law.
Court reports Volumes containing the judicial opinions of a particular court or jurisdiction.
Courts of equity Historically, courts that operated by a distinctive set of rules and offered alternative remedies to the usual money damages. The most common equitable remedy is an injunction.
Criminal law The state and federal statutes that define criminal offenses and punishment. Criminal cases are brought to trial, or prosecuted, by government lawyers.
Custom and usage Any practice sufficiently common and accepted in society that the law assumes tacit consent to that practice. Approaching the front doors of homes to make a sales pitch, for example.
Damages Money awarded in court to a person unlawfully harmed by another. Damages are compensatory, if awarded as the measure of injury suffered, or punitive, if awarded in addition as punishment for outrageous conduct by the opposing party.
Defendant In a civil case, the person or business being sued. In a criminal case, the person being prosecuted.
Demurrer A motion to dismiss a civil case, alleging that the plaintiff 's complaint fails to state grounds for a valid legal claim.
Dictum A superfluous comment in a judicial opinion; a statement that is not necessary to the court's decision and therefore does not carry the force of precedent.
Discovery The ascertainment of relevant facts, prior to trial, by the parties to a lawsuit. Formal discovery tools used by lawyers include oral depositions, requests to produce documents, and mental examinations.
Dissenting opinion An appellate court opinion by one or more judges explaining their disagreement with the decision of the majority.
Diversity action A lawsuit that comes within the jurisdiction of the federal courts because the parties are citizens of different states.
Diversity of citizenship A type of federal court litigation in which the opposing parties are citizens of different states.
Doctrine of judicial review Principle that the courts have authority to review and declare unconstitutional the actions of other branches of government.
Doctrine of precedent A basic rule of the U.S. judicial systems that earlier decisions of a court shall serve guiding authority to be followed when the court again faces an identical or similar issue.
Due process clause Language found in the Fifth Amendment of the U.S. Constitution, pertaining to the federal government, and also in the Fourteenth Amendment, pertaining to state government. Under the concept of due process, a person is guaranteed fair governmental procedures.
Equal protection clause A provision in the Fourteenth Amendment of the Constitution that requires states to treat similarly situated persons in an equal fashion.
FCC Federal Communications Commission. A federal agency, headed by five appointed commissioners, that enacts and administers laws pertaining to broadcasting and other electronic communications.
Federal circuits Judicial divisions for the U.S. Courts of Appeal. In the federal court system, the nation is divided geographically into twelve appellate circuits.
Freedom of Information Act (FOIA) An act of Congress requiring that most documents of federal agencies be open to public inspection.
Grand jury A body of citizens whose duty is to determine whether probable cause exists to formally charge someone with a crime.
Holding The central legal principle to be drawn from a court decision.
Hung jury A jury that cannot reach a verdict.
Indictment The formal accusation issued by a grand jury against a person charged with a crime.
Initial appearance In federal criminal cases, the defendant's first formal appearance in court, when the specific charges are read and a plea may be entered.
Injunction A court order that a defendant act, or refrain from acting, in a particular manner.
Jurisdiction Authority of government and its courts to make and enforce laws and to decide cases. Limited by territorial and subject-matter boundaries.
Justiciable controversy A real and substantial controversy that is appropriate for judicial examination, as opposed to a controversy that is hypothetical, academic, or moot.
Law of equity Historically, a separate system of law developed in England for the purpose of granting remedies other than money damages. An injunction, for example, is referred to as an equitable remedy.
Legal brief A written statement of the pertinent facts and legal issues, prepared by the counsel arguing a case in court.
Liable Legally responsible; obliged to pay compensation.
Litigant A party to a lawsuit; a plaintiff or defendant.
Litigation A case or lawsuit.
Majority opinion A written, appellate court opinion in which a majority of the court's judges join.
Motion A formal request that a judge make some kind of ruling in favor of the applicant. Examples: motion for a continuance, motion for summary judgment, motion to suppress evidence.
Motion to suppress A common motion in criminal cases whereby the defendant requests that certain evidence be ruled inadmissible at trial.
Nominal damages A small sum awarded to a plaintiff based on principle, when there is no actual loss or injury to be compensated.
Opinion A written explanation that accompanies the judgment of an appellate court. The majority or plurality opinion expresses the court's decision and may be accompanied by concurring and dissenting opinions. A per curiam opinion is an unsigned opinion representing the whole court.
Ordinances Laws adopted by cities, counties, and other units of local government.
Overbreadth doctrine Judicial principle that a law must be declared unconstitutional if it could, in some instances, be applied to punish protected speech.
Parallel citations An expanded form of reference to a legal case showing where the case can be found in two or more different reports.
Per curiam "By the court," a per curiam appellate opinion is an unsigned opinion that represents the court as a whole, as distinguished from an opinion signed by a particular judge.
Plaintiff The party who initiates a civil lawsuit, seeking some form of relief or compensation for an injury to rights.
Pleadings Court documents that contain the parties' formal allegations of their respective claims or defenses. Examples include the plaintiff 's complaint and the defendant's answer.
Plurality In the appellate judicial process, an opinion or viewpoint with which more justices agree than any other opinion, but less than a majority.
Precedent A previously decided case that guides judges in future cases presenting the same issue of law.
Preliminary hearing In criminal cases, a hearing to determine whether the government has enough evidence against the accused to warrant a full-blown trial.
Remand To send a case from the appellate court back down to the trial court where it was originally heard.
Respondent The party against whom an appeal is made. Also called the appellee.
Restraining order An interim court order forbidding the defendant from engaging in allegedly harmful behavior. Typically it is effective until a full proceeding can be conducted on the plaintiff 's application for a permanent injunction.
Reverse To overturn the judgment of a court.
Rulemaking The process by which administrative agencies, such as the FCC, adopt legally enforceable regulations.
Settlement In litigation, a final determination reached by agreement between the parties.
Standing A direct, tangible, legally protectible stake in a legal controversy. It is a basic principle of law that a party must have standing in order to sue.
Statutes The laws passed by legislative bodies.
Statutory law Law enacted by legislative bodies, including Congress and the state legislatures, as opposed to common law.
Stay A court order that stops or temporarily suspends a judicial proceeding or the enforcement of a law or judgment.
Summary judgment A common procedure for ending a lawsuit prior to trial. A party to a lawsuit is entitled to summary judgment in his favor if there is no disputable issue of fact and if established legal rules clearly dictate that he would prevail at trial.
Sunshine Act The federal open-meetings law requiring public access to the meetings of about fifty federal agencies, including the Federal Trade Commission and the Federal Communications Commission. See also Freedom of Information Act (FOIA).
Torts Wrongful acts, other than breaches of contract, for which the law gives the injured party some legal remedy against the wrongdoer in civil court. Examples include invasion of privacy, trespass, libel, infliction of mental distress, and negligence.
Trial court A court in which civil cases or criminal proceedings begin. A court authorized to hear evidence and determine the facts when they are in dispute.
U.S. Courts of Appeals The intermediate appellate courts in the federal judicial system. Divided into eleven geographic circuits across the country. Cases typically are heard by panels of three judges.
U.S. District Court In the federal judicial system, a trial court with general jurisdiction. Each state has at least one U.S. District Court.
U.S. Supreme Court The nation's highest-ranking court; the court of last resort. An appellate court consisting of the chief justice of the United States and eight associate justices.