Glossary

A defense in which a defendant introduces evidence that will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, and insanity are examples of affirmative defenses in the criminal context.

Shortened version of amicus curiae.

Latin term meaning "friend of the court." Often used to refer to a person or group who is not a party to a lawsuit but has petitioned the court for permission to submit a brief in the action with the intent of influencing the court's decision.

A trial where a judge, rather than a jury, determines all questions of law and fact.

In terms of actions under law, civil refers to conflicts between private individuals.

Law that is derived from judicial decisions instead of from statutes. Early American common law was taken from English common law.

Damages awarded by a court to compensate a plaintiff for the actual harm suffered.

An organization formed with the approval of a state governmental entity to act as an artificial person to carry on business or other activities.

A claim brought by a plaintiff against a co-plaintiff or brought by a defendant against a co-defendant.

A remedy in the form of monetary compensation to the harmed party.

A binding judgment issued by a court that defines the legal relationship between the parties and their rights with respect to the matter before the court.

A statement, whether written or oral, that is communicated to a third party and injures the subject's reputation.

In a civil matter, the party sued by the plaintiff; in a criminal matter, the party being prosecuted.

Short for "obiter dictum," which means in Latin "something said in passing." When judges make comments in opinions that are extraneous to the line of reasoning that leads to the decision in the case, lawyers refer to the comments as "dicta." These comments are not binding authority on other judges.

Payments made by a for-profit corporation to its shareholders out of the corporation's profits.

French for "on the bench." Used when all judges of a particular court hear a case.

A Latin phrase meaning "for one party." It refers to motions, hearings, or other court proceedings conducted or granted at the request of one party to a lawsuit, where the other party does not participate. These types of proceedings are rare because they go against the basic rule that both parties should be present for argument before a court. Judicial orders stemming from ex parte proceedings are usually temporary in nature, like a temporary restraining order, which are granted pending a full, two-party hearing on the issue.

Generally used to refer to the United States government, its legislative, executive, and judicial branches, and the statutes, rules, and regulations enacted by those branches of government.

A group of people selected to sit on a jury that decides whether to return criminal indictments. Grand juries usually consist of 23 people and convene for a minimum of one month but can last up to a year.

Generally refers to freedom from a legal obligation to perform actions or to suffer legal penalties.

A court order requiring a person or entity to do or cease doing a specific action.

A broad class of property, that generally includes four different kinds of rights: patent, copyright, trademark, and trade secrets.

A form of defamation that generally refers to statements or visual depictions in written or other permanent form, such as web pages, blog posts, and forum posts.

When a person fails to exercise the care that a reasonable, prudent person would exercise under the same circumstances, that person is said to be negligent.

The basic written agreement between the members (i.e., owners) of an LLC, or between members and managers of the company.

In a civil matter, the party who initiates a lawsuit against the defendant.

Latin phrase meaning "at first sight." A prima facie case presents enough evidence for the plaintiff to win the case barring any defenses or additional evidence presented by the defendant.

From the Latin phrase "pro bon publico," which means for the public good. Pro bono refers to legal service provided voluntarily by law firms, law schools, or individual attorneys without monetary compensation.

Latin for "for oneself, on one's own behalf." When a litigant proceeds without legal counsel, they are said to be proceeding "pro se."

Damages awarded in addition to compensatory damages in certain circumstances. Punitive damages are considered punishment and are awarded when the defendant's behavior is found to be especially willful.

To set aside; to void. As in "to quash a motion," or "quash evidence."

A term that describes an appellate court's action of sending a case back to a lower course for further action, like reconsideration or revision of previous ruling or a re-trial.

A legal doctrine that precludes parties from litigating claims and facts that a court has ruled on previously. Res judicata typically does not apply to an individual who was not a party to the original case, unless that individual has a preexisting legal relationship with an original party.

The First Amendment prohibits Congress from abridging "the right of the people ... to petition the Government for redress of grievances."

A term used in trademark law to denote when a descriptive trade name or other trademark used in connection with a good or service comes to be uniquely associated in the minds of the public with that particular good or service. When a descriptive trade name or trademark acquires secondary meaning, trademark law protects it against confusingly similar uses by others.

A defamatory statement, usually made orally, in which damages are not presumed and must be proven by the party suing.

The product of a legislative body (i.e., a law).

A statute applying to both civil and criminal cases that requires suit or prosecution within a prescribed period of time following the injury or the date of the crime.

An order to compel an individual or entity to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry).

A type of subpoena that requires the witness to produce documentary evidence pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you."

A short-term order, issued by a judge, which prevents one party from acting in a way that could irreparably harm another before a hearing can be held. Sometimes referred to as a "TRO."

A negligent or intentional civil wrong not arising out of a contract or statute. A tort is an act that injures someone in some way, and for which the injured person may sue the person for damages.

A form of defamation that disparages a business, product, or service.

Confidential information held by a business or individual, that is not made available to the public, and which has commercial value.