Glossary

Concise definitions of legal terms used on the Citizen Media Law Project site. (The glossary is currently a work-in-progress. Please use our contact form to suggest additional terms for this glossary.)

A | B | C | D | E | F | G | I | L | N | O | P | Q | R | S | T
A
Affirmative defense
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.
Amicus
Shortened version of amicus curiae.See also: Amicus curiae
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.See also: Amicus
B
Bench trial
A trial where a judge, rather than a jury, determines all questions of law and fact.
C
Civil
In terms of actions under law, civil refers to conflicts between private individuals.
Common law
Law that is derived from judicial decisions instead of from statutes. Early American common law was taken from English common law.
Compensatory damages
Damages awarded by a court to compensate a plaintiff for the actual harm suffered. See also: Damages
Corporation
An organization formed with the approval of a state governmental entity to act as an artificial person to carry on business or other activities.
Cross claim
A claim brought by a plaintiff against a co-plaintiff or brought by a defendant against a co-defendant.
D
Damages
A remedy in the form of monetary compensation to the harmed party.See also: Compensatory damages, Punitive damages
Declaratory judgment
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.
Defamation
A statement, whether written or oral, that is communicated to a third party and injures the subject's reputation.See also: Libel, Slander, Trade libel
Defendant
In a civil matter, the party sued by the plaintiff; in a criminal matter, the party being prosecuted.
Dicta
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.
Dividends
Payments made by a for-profit corporation to its shareholders out of the corporation's profits.
E
En banc
French for "on the bench." Used when all judges of a particular court hear a case.
Ex parte
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.
F
Federal
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.
G
Grand jury
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.
I
Immunity
Generally refers to freedom from a legal obligation to perform actions or to suffer legal penalties.
Injunction
A court order requiring a person or entity to do or cease doing a specific action.
Intellectual property
A broad class of property, that generally includes four different kinds of rights: patent, copyright, trademark, and trade secrets.
L
Libel
A form of defamation that is conveyed in a lasting manner, especially in writing.See also: Defamation
N
Negligence
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.
O
Operating Agreement
The basic written agreement between the members (i.e., owners) of an LLC, or between members and managers of the company.
P
Plaintiff
In a civil matter, the party who initiates a lawsuit against the defendant.
Prima facie
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.
Pro bono
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.
Pro se
Latin for "for oneself, on one's own behalf." When a litigant proceeds without legal counsel, they are said to be proceeding "pro se."
Punitive damages
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. See also: Damages
Q
Quash
To set aside; to void. As in "to quash a motion," or "quash evidence."
R
Remand
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.
S
Secondary meaning
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.
Slander
A defamatory statement, usually made orally, in which damages are not presumed and must be proven by the party suing.See also: Defamation
Statute
The product of a legislative body (i.e., a law).
Statute of limitations
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.
Subpoena
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).See also: Subpoena duces tecum
Subpoena duces tecum
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."See also: Subpoena
T
Temporary restraining order
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."
Tort
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.
Trade libel
A form of defamation that disparages a business, product, or service.See also: Defamation
Trade secret
Confidential information held by a business or individual, that is not made available to the public, and which has commercial value.
  
 
 
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