nUSA Legal

Definitions

Acquittal
A verdict of "not guilty" by a judge or jury.
Adjourn
To postpone or suspend a court proceeding to a future time.
Affidavit
A written statement made under oath and witnessed by an authorized official.
Alibi
A defense claim that the accused was somewhere else when the crime occurred.
Amend
To formally alter or change a legal document.
Amicus
Short for "amicus curiae"; a friend of the court.
Amicus Curiae
Latin for "friend of the court"; someone who assists the court by offering information or expertise.
Amnesty
An official pardon granted to a group of people for political offenses.
Appeal
A request to a higher court to review a lower court's decision.
Appearance
The formal act of coming to court as a party to a case.
Arraignment
A court proceeding where the defendant is read their charges and enters a plea.
Bad Faith
Intent to deceive or act dishonestly in a transaction or agreement.
Badgering
Persistent questioning of a witness in an aggressive or intimidating manner.
Bias
Prejudice in favor of or against one thing, person, or group.
Bona Fide
Latin for "in good faith"; genuine or done with honest intention.
Brady
Refers to Brady material; evidence the prosecution must disclose to the defense.
Brief
A written legal document stating the facts and points of law of a case.
Bright-line Rule
A clear, simple standard that can be applied without balancing different factors.
Burden
A duty or obligation to prove something in court.
Burden of proof
The obligation to prove one's allegations in court.
Calumny
A false statement meant to injure a person's reputation.
Capricious
Unpredictable or arbitrary decision-making without proper reasoning.
Caveat
Latin for "let him beware"; a warning or proviso.
Certiorari
A writ from a higher court to review a lower court's decision.
Clemency
Mercy or leniency in punishing; often a governor's/president's pardon.
Cognovit
A written confession of judgment by a defendant.
Collusion
A secret agreement between parties to deceive or defraud others.
Color of law
The appearance or semblance of legal authority.
Commutation
Reduction of a criminal sentence to a less severe punishment.
Competent
Legally qualified or capable to perform an act.
Compos Mentis
Latin for "of sound mind"; mentally competent.
Compromise
An agreement reached by mutual concessions.
Concealment
The act of hiding or keeping information secret.
Construe
To interpret or explain the meaning of something.
Contemnor
A person who commits contempt of court.
Contempt of Court
Disobedience to or disrespect for the court.
Contest
To dispute or challenge something in court.
Contra
Against or in opposition to.
Contumacy
Willful disobedience to court orders.
Corpus
Latin for "body"; the main part or substance of something.
Corpus Delicti
The fact that a crime has been committed.
Covenant
A formal agreement or promise in a contract.
Culpable
Deserving blame or being responsible for wrongdoing.
De Facto
Latin for "in fact"; existing in actual fact though not by legal establishment.
De Jure
Latin for "by law"; according to law.
De Minimis
Latin for "of minimal things"; referring to matters too minor to consider.
De Novo
Latin for "anew"; starting over from the beginning.
Decree
A formal legal judgment or order.
Defamation
False statement that harms someone's reputation.
Defraud
To obtain something by deceit or trickery.
Demur
To object to the legal sufficiency of an opponent's claim.
Deponent
A person who testifies under oath.
Derelict
Negligent in duty; abandoned or deserted.
Dictum
A judge's expression of opinion not essential to the decision.
Discovery
The pre-trial process of obtaining evidence from the other party.
Dissent
To disagree with a court's decision.
Dooced
To be fired from a job because of one's online activities.
Duress
Unlawful pressure to perform an act.
Earwitness
A person who testifies to what they heard rather than saw.
En Banc
Latin for "on the bench"; refers to all judges of a court sitting together.
Entrapment
When law enforcement induces someone to commit a crime they wouldn't ordinarily commit.
Erroneous
Incorrect; containing error.
Exculpatory
Evidence favorable to the defendant.
Exhibit
A document or object presented as evidence in court.
Expunge
To erase or remove completely, typically referring to records.
Extortion
Obtaining something through force or threats.
Eyewitness
A person who personally saw an event and can testify about it.
False Pretenses
Intentional misrepresentation of facts to obtain something of value.
Forgery
The creation of a false document or alteration of a genuine one.
Fraud
Intentional deception to secure unfair or unlawful gain.
Frivolous
Lacking legal merit; not serious or reasonably purposeful.
Gag Order
A judge's order prohibiting public discussion of a case.
Golden Rule Argument
An argument asking jurors to put themselves in the position of a party.
Grable test
A test for federal jurisdiction over state law claims.
Grand jury
A group that decides whether there's probable cause for criminal charges.
Gravamen
The essential element or basis of a grievance or complaint.
Habeas Corpus
Latin for "you have the body"; a writ to challenge illegal detention.
Habit Evidence
Evidence of a person's regular practice of meeting a certain situation.
Harassment
Persistent unwanted behavior causing distress or intimidation.
Harmless Error Rule
An error that doesn't affect the case's outcome.
Headnote
A summary of a legal point in a published court decision.
Hearing
A legal proceeding before a judge without a jury.
Hearsay Rule
Rule against using second-hand testimony as evidence.
Held
The court's determination in a case.
Hostile Witness
A witness who is antagonistic to the examining party.
Hung Jury
A jury unable to reach a unanimous verdict.
Illicit
Not legally permitted; unlawful.
Immaterial
Not relevant or significant to a matter.
Immunity
Legal protection from prosecution or liability.
Impeachment
The process of challenging a witness's credibility.
In Absentia
Latin for "in absence"; proceeding without the person present.
In Limine
Motion made before trial to exclude evidence.
Inadmissible
Evidence that cannot be presented in court.
Incentive
Something that motivates or encourages action.
Incite
To urge or provoke unlawful behavior.
Incriminate
To show involvement in a crime or wrongdoing.
Indictment
A formal accusation of a crime by a grand jury.
Injunction
A court order requiring someone to do or not do something.
Ipse Dixit
Latin for "he himself said it"; an unsupported statement.
Ipso Facto
Latin for "by the fact itself"; automatically.
Joinder
Combining multiple parties or claims in one lawsuit.
Kangaroo Court
An unauthorized court that disregards legal rights and justice.
Material
Significant or essential to a matter at hand.
Mediation
A process where a neutral third party helps resolve disputes.
Memorandum
A written statement of facts and law for use in court.
Mens Rea
Latin for "guilty mind"; criminal intent.
Misjoinder
Improper joining of parties or claims in a lawsuit.
Mistrial
A trial terminated before normal conclusion.
Moot
No longer relevant or subject to debate.
Nihil Dicit
Latin for "he says nothing"; judgment when defendant fails to plead.
Nihil Est
Latin for "there is nothing"; a failed service of process.
No Contest
A plea neither admitting nor denying charges.
Noelle Prosequi
A formal notice of abandonment of prosecution.
Nolo Contendere
Latin for "I do not wish to contend"; similar to no contest.
Nullity
Something void or having no legal effect.
Omission
Failure to perform a required act.
Overbreadth
When a law restricts more conduct than legally permissible.
Overrule
To reject or set aside a previous ruling.
Pardon
Official forgiveness of a crime.
Passim
Latin for "throughout"; found in many places in a text.
Per Curiam
Latin for "by the court"; a unanimous court opinion.
Per Diem
Latin for "by the day"; daily allowance or payment.
Per Se
Latin for "by itself"; inherently.
Peremptory
Final and absolute; not requiring justification.
Pinkerton Liability
Liability for crimes committed by co-conspirators.
Plea
Formal response to criminal charges.
Pleading
Formal written statements in a legal action.
Posse Comitatus
Limiting military involvement in civilian law enforcement.
Post Mortem
Latin for "after death"; examination after death.
Pro Bono
Legal work done without charge for public good.
Pro Forma
As a matter of form; for form's sake.
Pro Hac Vice
Permission for an out-of-state lawyer to try a case.
Pro Se
Representing oneself in court without a lawyer.
Probable Cause
Reasonable grounds for legal action.
Procedendo
An order from a higher court to proceed with action.
Promulgate
To formally announce or declare a new law.
Proxy
Authority to act for another.
Purposivism
Interpreting law based on its purpose.
Putative
Commonly believed or supposed.
Quash
To nullify or void, especially a summons or subpoena.
Quid Pro Quo
Latin for "something for something"; an exchange.
Quo Warranto
A proceeding questioning authority to act.
Quorum
Minimum number required to conduct business.
Ratify
To approve or confirm formally.
Rational Basis Test
Test for constitutionality of laws.
Rebuttal
Evidence disproving other evidence.
Recusal
When a judge withdraws from a case.
Redaction
Removal of sensitive information from documents.
Rejoinder
A defendant's answer to a plaintiff's reply.
Repeal
To revoke or cancel a law.
Res Ipsa Loquitur
Latin for "the thing speaks for itself"; obvious negligence.
Res Judicata
A matter already decided by a court.
Res Nova
A new point of law not previously decided.
Rhadamanthine
Rigorously just or severe judgment.
Sanction
A penalty for disobeying a law or rule.
Scienter
Knowledge of wrongdoing; intent to deceive.
Sedition
Conduct or speech inciting rebellion against authority.
Sequester
To isolate or separate, especially a jury during trial.
Settle
To resolve a dispute without a court decision.
Supersedeas
A writ to stay enforcement of a judgment pending appeal.
Supplemental
Something added to complete or make up for a deficiency.
Tampering
Interfering with evidence, witnesses, or jury.
Termination
The end or conclusion of something.
Transcript
Written record of court proceedings.
Trial De Novo
A new trial of a matter previously decided.
Twinkie Defense
A defense claiming diminished capacity due to external factors.
Ultra Vires
Acts beyond one's legal power or authority.
Vacate
To cancel or withdraw; to void or annul.
Venire Facias De Novo
Order for a new trial with a new jury panel.
Veto
The power to reject a decision or proposal.
Voir Dire
Preliminary examination of prospective jurors.
Waiver
Voluntary surrender of a right or privilege.
Writ of Certiorari
Order by a higher court to review a lower court's decision.
Writ of Coram Nobis
Writ to correct errors of fact in a prior judgment.
Writ of Error
Order to review legal errors in a lower court's judgment.
Writ of Mandamus
Order compelling a court or official to perform a duty.
Yield
To give up or surrender a legal right.
Zealous Witness
A witness who shows strong enthusiasm or bias in testimony.