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54 Cards in this Set
- Front
- Back
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A decision by an appellate court to uphold the judgment of a lower court.
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Affirm
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Any method of resolving a legal conflict other than litigation, such as: negotiation, arbitration, mediation, mini-trials, and summary jury trials.
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Alternative dispute resolution
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The party who appeals a lower court decision to a higher court.
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Appellant
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Any court in a state or federal system that reviews cases that have already been tried.
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Appellate court
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The party opposing an appeal from a lower court to a higher court.
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Appellee
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A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision.
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Arbitration
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The written legal argument that an attorney files with an appeal court.
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Brief
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The allocation of which party must prove its case. In a civil case, the plaintiff has the burden of proof to persuade the factfinder of every element of her case. In a criminal case, the government has the burden of proof.
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Burden of proof
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Formal notice from the United States Supreme Court that it will accept a case for review.
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Certiorari, writ of
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An attorney's request, during voir dire, to excuse a prospective juror because of apparent bias.
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Challenge for cause
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A method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent.
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Class action
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A pleading, filed by the plaintiff, providing a short statement of the claim.
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Complaint
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A claim made by the defendant against the plaintiff.
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Counter-claim
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During a hearing, for a lawyer to question an opposing witness.
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Cross-examination
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Court order awarding one party everything it requested because the opposing party failed to respond in time.
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Default judgment
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The person being questioned in a deposition.
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Deponent
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A form of discovery in which a party's attorney has the right to ask oral questions of the other party or of a witness. Answers are given under oath.
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Deposition
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During a hearing, for a lawyer to question his own witness.
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Direct examination
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The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge's opinion, no reasonable person could disagree on the outcome.
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Directed verdict
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A stage in litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party's case.
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Discovery
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Law governing the proof offered during a trial or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects.
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Evidence, rules of
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A mistake made by a trial judge that concerns a legal issue as opposed to a factual matter. Permitting too many leading questions is a legal error; choosing to believe one witness rather than another is a factual matter.
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Error of law
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A witness in a court case who has special training or qualifications to discuss a specific issue and who is generally permitted to state an opinion.
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Expert witness
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One of the two main types of civil cases that a United States district court has the power to hear. It involves a federal statute or a constitutional provision.
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Federal question jurisdiction
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A ruling made by a trial court which an appeals court determines was legally wrong but not fatal to the decision.
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Harmless error
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A method of administrative agency procedure incorporating some elements of formal and some elements of informal rulemaking, typically involving a limited public hearing with restricted rights of testimony and cross-examination.
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Hybrid rulemaking
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"In the judge's chambers," meaning that the judge does something out of view of the jury and the public.
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In camera
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The explanation given by a judge to a jury, outlining the jury's task in deciding a lawsuit and the underlying rules of law the jury should use in reaching its decision.
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Instructions or charge
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A form of discovery in which one party sends to an opposing party written questions that must be answered under oath.
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Interrogatory
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"Judgment notwithstanding the verdict." A trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party.
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Judgment non obstante verdicto (n.o.v.)
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The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.
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Jurisdiction
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The process of resolving disputes through formal court proceedings.
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Litigation
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The process of using a neutral person to aid in the settlement of a legal dispute. A mediator's decision is non-binding.
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Mediation
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A form of alternative dispute resolution in which the parties present short versions of their cases to a panel of three "judges."
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Mini-trial
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An appellate court order changing a lower court ruling
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Modify
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A formal request that a court take some specified step during litigation. A motion to compel discovery is a request that a trial judge order the other party to respond to discovery.
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Motion
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To terminate a lawsuit, often on procedural grounds, without reaching the merits of the case.
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Motion to dismiss
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The administrative agency charged with overseeing labor law.
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National Labor Relations Board (NLRB)
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During voir dire, a request by one attorney that a prospective juror be excused for an unstated reason
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Peremptory challenge
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The documents that begin a lawsuit: the complaint, the answer, the counter-claim and reply.
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Pleadings
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The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant's evidence.
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Preponderance of the evidence
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A federal statute prohibiting federal agencies from divulging to other agencies or organizations information about private citizens.
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Privacy Act
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A form of discovery in which one party demands that the other furnish original documents or physical things, relating to the suit, for inspection and copying.
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Production of documents and things
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A court order limiting one party's discovery.
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Protective order
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The level of proof that the government must meet to convict the defendant in a criminal case. The factfinder must be persuaded to a very high degree of certainty that the defendant did what the government alleges.
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Reasonable doubt
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The power of an appellate court to return a case to a lower court for additional action.
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Remand
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A pleading, filed by the plaintiff in response to a defendant's counterclaim.
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Reply
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The power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court.
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Reverse
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The power of an administrative agency to issue regulations.
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Rulemaking
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The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute.
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Summary judgment
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A form of alternative dispute resolution in which a small panel of jurors hears shortened, summarized versions of the evidence.
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Summary jury trial
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Any court in a state or federal system that holds formal hearings to determine the facts in a civil or criminal case.
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Trial court
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The decision of the factfinder in a case.
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Verdict
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The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict.
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Voir dire
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