CIVIL RIGHTS GLOSSARY
Common Legal Terms that You'll Likely Encounter in your Civil Rights Litigation
| ID | Term | Short Definition |
|---|---|---|
| A01 | Abatement | a pause (or a reduction) in a proceeding |
| A02 | Abeyance | an incomplete state of affairs (compare with abatement) |
| A03 | Ab Initio | from the beginning (usually in the context of clerk default) |
| A04 | Abjure | to retract/recant/nullify (see nugatory; vitiate) |
| A05 | Abridge | to obstruct/interfere-with (eg, abridge a constitutional right) |
| A06 | Abrogate | to cancel/repeal (usually in the context of legislation) |
| A07 | Abuse of Discretion | to make arbitrary/unreasonable rulings; reversible on appeal |
| A08 | Abuse of Process | committing a legal act with an ulterior motive (see frivolous) |
| A09 | Action | a judicial proceeding |
| A10 | Ad Hoc | Lat.: for this special purpose (connotes immediacy) |
| A11 | Adjudication | the legal determination of a claim/case/controversy |
| A12 | Administrative Agency | a governmental/regulatory body that oversees a set of laws |
| A13 | A Fortiori | with stronger reason (a second fact is supported by a conclusory fact) |
| A14 | Administrative Law Judge | the hearing officer who makes findings of fact regarding executive action |
| A15 | Admissible Evidence | information that a Court can use in its adjudication |
| A16 | Adverse Inference | whatever you're hiding must be good/incriminating |
| A17 | Advocate | someone who provides legal assistance to a party |
| A18 | Affiant | the author of an affidavit |
| A19 | Affidavit | a sworn written statement under oath |
| A20 | Affirmation | a sworn acknowledgment of truth (subject to penalties of perjury) |
| A21 | Agent | someone who represents another entity (consider with master-servant) |
| A22 | Allegation | an assertion of fact that the issuing party intends to prove |
| A23 | Alt. Dispute Resolution | various ways to conclude a suit without trial (eg arbitration, mediation...) |
| A24 | Amend | alter/update (eg amend a pleading) |
| A25 | Amicus | a friend of the court (sort of like an interpleader) |
| A26 | Ancillary Jurisdiction | authority over an auxiliary claim even if that claim wasn't explicitly stated |
| A27 | Answer | the defendant's response to the plaintiff's complaint |
| A28 | Apparent Authority | presumed authority (consider with principal) |
| A29 | Appeal | a request to a higher court to review the decision of a lower court |
| A30 | Appearance | showing up in court to prosecute/defend an action |
| A31 | Appellant | the person who filed the appeal |
| A32 | Appellate | a court that handles appeals |
| A33 | Appellee | the appellant's opponent |
| A34 | Arbiter | the person who conducts the arbitration hearing; needs court's confirmation |
| A35 | Arbitration | a method of alternative dispute resolution which does not require trial |
| A36 | Arbitrator | the person who conducts the arbitration hearing; decision is final |
| A37 | Argument | persuasive legal presentation |
| A38 | Attorney-Client Privilege | confidentiality applied when someone consults with a lawyer (see privilege) |
| A39 | Attorney General | the top cop |
| A40 | Authority | the power to govern over someone/something |
| A41 | Award | the relief/remedy granted by an arbiter |
| ID | Term | Short Definition |
|---|---|---|
| B01 | Bad Faith | underhanded/dishonest/defiant conduct (see misconduct, perjury, sanction) |
| B02 | Bailiff | the courtroom assistant (the one who typically dresses like a cop) |
| B03 | Bar | prohibit; preclude |
| B04 | Bequest | a gift/grant/payment/reward |
| B05 | Bench | synonym for Judge (cf. the physical location where the judge sits [in a courtroom])] |
| B06 | Binding | obligatory (usually set by an appellate court opinion) |
| B07 | Bona Fide Occupational Qualification | (BFOQ); characteristic of a job that requires discrimination |
| B08 | Bribery | giving a public official money/gifts in order to influence an official act |
| B09 | Brief | a legal pleading (usually in an appellate case) |
| B10 | Burden of Proof | an aspect of adjudication that requires a party to produce evidence |
| ID | Term | Short Definition |
|---|---|---|
| C01 | Calumny | vilification/slander (usually found inside settlement agreements) |
| C02 | Case | an action/cause/lawsuit |
| C03 | Cause of Action | a legal claim stemming from a specific event |
| C04 | Certiorari (Writ) | a writ that a higher court uses to retrieve info from a lower one |
| C05 | Cf | compare (latin) (often used in appellate opinions) |
| C06 | Challenge | to question/object |
| C07 | Chancery | equity (old english term) |
| C08 | Circuit Court | a judicial court that is comprised of many smaller courts |
| C09 | Circumstantial Evidence | indirect information that can be used to infer the material facts |
| C10 | Citation | legal reference (eg, citation to a statute/opinion/etc). |
| C11 | Claim | facts that give rise to a court's adjudication |
| C12 | Class Action | a lawsuit that consolidates many similarly-situated plaintiffs as one plaintiff |
| C13 | Clear & Convincing | obvious (in the context of a [heightened] standard of proof). |
| C14 | Clerk | the person who handles many of the court's clerical duties |
| C15 | Coercion | forcing someone to do something against their free will |
| C16 | Cogent | compelling (usually in the context of a legal argument) |
| C17 | Cognizable | within a court's jurisdiction |
| C18 | Collateral Attack | a legal action that assails the final judgment of a prior case (eg, habeas corpus) |
| C19 | Collateral Estoppel | issue preclusion; previously litigated matters cannot be re-litigated |
| C20 | Color of Law | official capacity or even proxy-official capacity |
| C21 | Comity | deferring to another jurisdiction |
| C22 | Commerce Clause | clause in Art I. §8 US granting Congress power to regulate interstate commerce |
| C23 | Common Law | adjudication based on precedent |
| C24 | Competent Substantial Evidence | evidence that is fact-based; open for cross examination; and satisfactory to a reasonable mind. |
| C25 | Complainant | the person who initiated legal action (context ≈ administrative agency) |
| C26 | Complaint | the written allegations/charges/counts [in a lawsuit] |
| C27 | Concealment | hiding/destroying material evidence (see spoilation) |
| C28 | Conciliation | a method of alternative dispute resolution that doesn't require trial |
| C29 | Condition | a prerequisite needed to spark a subsequent legal action |
| C30 | Confrontation Clause | a right for the accused to confront his/her accuser (see 6th Amendment) |
| C31 | Consent | agreement; often a key element in legal cases |
| C32 | Consent Judgment | an agreement between two parties on final judgment (compare settlement) |
| C33 | Consolidated Appeal | joining/litigating multiple related cases together (in one case) |
| C34 | Constitution | fundamental principles of law created by a government |
| C35 | Construction | the way to interpret ambigious statutes |
| C36 | Constructive Discharge | getting harassed into quitting |
| C37 | Constructive Knowledge | a substitute for actual knowledge |
| C38 | Contempt | disrepecting or disobeying court orders |
| C39 | Contract | a legal agreement |
| C40 | Contractor | a party to an agreement (compare independent contractor with servant) |
| C41 | Contumacy | contemptuous; disrepecting or disobeying court orders |
| C42 | Count | a distinct allegation (which features legal ramifications) |
| C43 | Counterclaim | a defendant's charges against a plaintiff |
| C44 | Court | practical expression of the judicial branch of government |
| C45 | Counsel | attorney/lawyer; or - in a different context - to advocate |
| C46 | Court of Equity | a court that deals with fairness |
| C47 | Court of Law | a court that deals with law |
| C48 | Court Reporter | the person who transcribes testimony |
| C49 | Cross-Claim | a defendant's charges against another defendant |
| C50 | Cross Examination | asking a witness questions [on the stand] after he/she testified |
| C51 | Curtilage | the immediate area surrounding a building |
| ID | Term | Short Definition |
|---|---|---|
| D01 | Damages | the relief sought as a remedy to the alleged wrongdoing |
| D02 | Declaratory Judgment | a court order stating the rights a person has in a particular situation |
| D03 | Decree | a judgment/determination in a court of equity (eg, divorce decree) |
| D04 | De Facto | based on fact/practice/tradition (compare with de jure) |
| D05 | Default | failure to perform a duty |
| D06 | Default Judgment | judgment against a Defendant for that Defendant's failure to answer the complaint |
| D07 | Defense | denial/answer/plea disputing the validity of the plaintiff's case |
| D08 | DeJure | based on law/rule (compare with de facto) |
| D09 | De Minimis | trifling/small; not worthy of legal attention |
| D10 | Demur | rebut a complaint by saying that it is legally insufficient |
| D11 | Demurrer | formal demur |
| D12 | De Novo | anew (start a subsequent proceeding as if the first one never happened) |
| D13 | Deposition | a judicial interrogation of a witness (taken under oath) |
| D14 | Dictum | additional, non-binding reasoning in an opinion |
| D15 | Diligence | specific attentiveness (which satisfies a legal requirement) |
| D16 | Direct Evidence | information that is not open to interpretation of the material facts |
| D17 | Discovery | the process of recovering evidence pertinent to a case |
| D18 | Discretion | freedom to choose |
| D19 | Discrimination | unequal treatment |
| D20 | Dismissal | terminating a case; usually without adjudicating the merits of it |
| D21 | Disposition | closing a case |
| D22 | Disqualification | removal from a case due to impropriety (also see recusal) |
| D23 | District Court | a federal court that has territorial jurisdiction |
| D24 | Diversity (Citizenship) | the rule that says people of different states can litigate in federal court |
| D25 | Docket | the record of documents that are before the court |
| D26 | Document | information submitted to the court (writings/recordings/etc.) |
| D27 | Double Jeopardy | prosecution/punishment twice for the same offense (also see res judicata) |
| D28 | Due Process | legal fairness (characterized by notice and an opportunity to be heard) |
| ID | Term | Short Definition |
|---|---|---|
| E01 | En Banc | all of the judges (ie, entire bank of judges) - primarily for appellate decisions |
| E02 | Enjoin | stop/prevent (see injunction) |
| E03 | Equal Protection | Fourteenth Amendment clause prohibiting discrimination in the legal system |
| E04 | Equitable | fairness |
| E05 | Equitable Estoppel | preventing the harm caused when an authority misleads an individual |
| E06 | Equity | fairness |
| E07 | Erroneous | mistakes/misgivings that were committed within one's authority |
| E08 | Establishment Clause | First Amendment language prohibiting religious legislation |
| E09 | Estoppel | stopping/preventing |
| E10 | Et Al. | and others (often used to indicate co-defendants/co-plaintiffs) |
| E11 | Et Seq. | so-on & so-forth (often used when citing a statute) |
| E12 | Evidence | information pertinent to a case |
| E13 | Exception | legal objection to a ruling |
| E14 | Excusable Neglect | a forgivable mishap/shortcoming (see equitable; or tolling) |
| E15 | Executive Branch | the branch of government that executes/enforces the law |
| E16 | Exhibits | information submitted as evidence |
| E17 | Exigent Circumstances | severe calamity that makes standard procedures more malleable |
| E18 | Ex Officio | automatic appointment to a committee/board due to the person's public office |
| E19 | Ex Parte | one-sided communication with the Court/Judge |
| E20 | Expert Witness | someone who testifies about a matter he/she has skill/knowledge of |
| E21 | Express | formally disclosed in written/oral format |
| E22 | Expressio Unius... | Lat.: if it's not expressly written in the statute then it was meant to be excluded |
| E23 | Ex Rel. | lawsuit initiated by a private individual, but between the government and another individual |
| E24 | Extension | increase in the time given to complete a task (ie, pushing a deadline back) |
| E25 | Extrajudicial | non-judicial (ie, beyond a court's jurisdiction) |
| E26 | Extrinsic Fraud | fake junk that will infringe upon due process rights to a fair trial |
| ID | Term | Short Definition |
|---|---|---|
| F01 | Fact Finder | the person who makes determinations of fact |
| F02 | Federal Court | the court system that handles federal matters of law |
| F03 | Fed. Quest. Jurisdiction | whether the legal controversy is based on a federal law |
| F04 | Fed. Tort. Claims Act | a legislated waiver of sovereign immunity (see 28 USC §1346) |
| F05 | Federalism | tiered government; with lower tiers being more protective (cf. Supremacy Clause) |
| F06 | Filing | submitting documents to the court |
| F07 | Finding | a determination (usually part of a jury verdict) |
| F08 | First Impression | a case/controversy that no court has encountered until now |
| F09 | Fiscal | a consistent, self-defined 12-month period (used by legal entities for accounting) |
| F10 | Forma Pauperis | poor person status; access to Court without prepayment of costs/fees |
| F11 | Forum | the area for which conduct occurs |
| F12 | Forum Non Conveniens | a court that is not convenient for the witnesses and/or parties |
| F13 | Fraud | fake/underhanded junk that is harmful |
| F14 | Free Exercise Clause | First Amendment language prohibiting government infringment on the right to worship |
| F15 | Frivolous | a weak claim that cannot be litigated |
| F16 | Full Faith and Credit | federal courts must honor legitimate state court judgments (see 28 USC §1738) |
| F17 | Fundamental Right | core tenet needed to secure liberty & justice |
| ID | Term | Short Definition |
|---|---|---|
| G01 | Good Cause | rational |
| G02 | Good Faith | virtuous, pure, (devoid of frivolity) |
| G03 | Grant | approve/allow (typically - in this civil rights context - an Order Granting a Motion) |
| G04 | Gravamen | the main point |
| ID | Term | Short Definition |
|---|---|---|
| H01 | Harassment | abusive/belittling/coercive/demeaning behavior aimed at impeding another person's livelihood/progress (also see Hostile Workplace) |
| H02 | Harm | injury/loss that must be remedied |
| H03 | Harmless Error | an error that [probably] didn't impact the outcome of the case |
| H04 | Hearing | a less formal trial |
| H05 | Hearsay | third-party utterances; admissible in DOAH but not in Court |
| H06 | HIPAA | the federal law that protects medical information from disclosure |
| H07 | Holding | binding, authoritative part of a decision/opinion |
| H08 | Hostile Workplace | an employment setting that is riddled with demographics-based harassment/humiliation/intimidation/etc. |
| ID | Term | Short Definition |
|---|---|---|
| I01 | Id | a continuation of the cited text (abbreviation for latin word "idem") |
| I02 | Immaterial | irrelevant |
| I03 | Immunity | a preclusion on liability |
| I04 | Implied | inferred from facts/circumstances (compare express) |
| I05 | Impute | vicarious assignment (compare vicarious liability) |
| I06 | Indigent | poor person status; access to Court without prepayment of costs/fees |
| I07 | Inference | a preliminary conclusion based on facts/allegations (also see presumption) |
| I08 | Inferior Court | the court whose decisions can be reviewed by an appellate court |
| I09 | Infra | latin word for below; (antonym to supra) |
| I10 | Infringement | breach; obstruction; impairment; hampering (typically used when referring to violations of fundamental rights) |
| I11 | Initiative | regular people pushing/creating a new law (compare with referendum) |
| I12 | Injunction | preventative remedy |
| I13 | In Haec Verba | in these verbs (construction) |
| I14 | Inherent Power | obvious authority that a government body has |
| I15 | Injury | harm/loss that must be remedied |
| I16 | In Limine | at the threshold/beginning (see motion in limine) |
| I17 | In Pari Materia | similar stuff should be read together (latin for "on like subject matter") |
| I18 | In Re | a legal action with only one party (latin for "in the matter of") |
| I19 | Inter Alia | among other things (latin) |
| I20 | Interlocutory | non-final |
| I21 | Interrogatory | discovery tool that asks an entity questions under oath (usually in writing) |
| I22 | Intervention | allowing an affected person/organization to enter a lawsuit |
| I23 | Intrinsic Fraud | fake/underhanded junk that was used in an important ruling |
| I24 | Invidious | nasty/vile strain of discrimination |
| I25 | Ipso Facto | facially factual (latin) |
| I26 | Irreparable Harm | imminent injury that cannot be remedied with money (eg, wife will kill me) |
| I27 | Issue | a disputed point/fact |
| ID | Term | Short Definition |
|---|---|---|
| J01 | Joinder | uniting several causes of action or parties |
| J02 | Judgment | final decision on the facts and law of a case |
| J03 | Judicial | pertaining to the application of law |
| J04 | Judicial Economy | conservation of judicial resources/effort |
| J05 | Judicial Estoppel | prevention of self-induced contradictions |
| J06 | Judicial Immunity | protection against liability for discretionary/jurisdictional acts performed on duty |
| J07 | Judicial Notice | the court's recognition of indisputable fact derived from irrefutable sources |
| J08 | Judicial Review | appellate proceeding |
| J09 | Jurisdiction | power to adjudicate |
| J10 | Jurisdictional Amount | the monetary threshold to invoke jurisdiction |
| J11 | Jurisprudence | the science of law |
| J12 | Juror | a member of the jury (ie, a person (alongside his/her peers) who determines the verdict) |
| J13 | Justiciable | an issue that a court can remedy, because it meets certain criteria |
| ID | Term | Short Definition |
|---|---|---|
| K01 | Kangaroo Court | a tribunal that is biased and flimsy with the law |
| ID | Term | Short Definition |
|---|---|---|
| L01 | Laches | a defense against stale claims (see tolling and statutes of limitation) |
| L02 | Law of the Case | the doctrine which holds that previously decided issues cannot be reopened |
| L03 | Lay Witness | someone who testifies about stuff he/she has observed |
| L04 | Leave | permission |
| L05 | Legal Fiction | a material falsehood (see fraud upon the court) |
| L06 | Legislation | pertaining to the creation of law |
| L07 | Liquidated Damages | damages that can be determined with certainty (synonym for sum certain) |
| L08 | Litigation | the practice of suing |
| ID | Term | Short Definition |
|---|---|---|
| M01 | Magistrate | a judge who supports another judge during the proceeding |
| M02 | Malfeasance | misconduct that breaches the public trust |
| M03 | Malice | harmful/tortious intent |
| M04 | Mandamus | writ directing a public official to complete his/her ministerial duty |
| M05 | Mandate | a command |
| M06 | Manifest Injustice | plain error that infringes someone's rights and impairs a fair proceeding |
| M07 | Marshal | public officer who performs federal court duties (similar to a state Sheriff) |
| M08 | Master-and-Servant | the relationship type between an employer and an employee (compare with agent) |
| M09 | Material | necessary, meaningful, pertinent to the adjudication of a matter |
| M10 | Mediation | a method of alternative dispute resolution which does not result in a decision |
| M11 | Memorandum | less formal brief |
| M12 | Merit | the facts & elements for a cause |
| M13 | Mesne | middle; as in mesne process (see Rule 1.160 Fla. R. Civ. P.) |
| M14 | Ministerial Act | mandatory act that a public official must complete |
| M15 | Minutes | a written/recorded summary of a meeting (see 28-102.002 FAC) |
| M16 | Miscarriage of Justice | a court's error that impugns a fair proceeding |
| M17 | Misconduct | corrupt behavior by a public officer |
| M18 | Mistrial | crucial error that requires a new trial |
| M19 | Moot | an issue/claim that is no longer active |
| M20 | Motion | request to the court |
| M21 | Motion in Limine | request to exclude prejudicial evidence |
| M22 | Movant | the person who filed the motion (ie, the person asking the court for relief) |
| ID | Term | Short Definition |
|---|---|---|
| N01 | Negative Pregnant | slick talk that doesn't address the overarching fact |
| N02 | Notary Public | a person who verifies a person's oath/attestation |
| N03 | Notice | legal affirmation of knowledge of an important legal matter |
| N04 | Nugatory | null; void |
| N05 | Nunc Pro Tunc | "now for then" (revising history in order to satisfy a prior decision) |
| ID | Term | Short Definition |
|---|---|---|
| O01 | Oath | a sworn statement taken under the penalty of perjury |
| O02 | Obiter Dicta | additional, non-binding statements made in a court opinion |
| O03 | Objection | the primary form of legal opposition |
| O03 | Obstruction | interference of a legal action (see perjury; spoilation of evidence) |
| O04 | Officer | a person who has authority in a public domain |
| O05 | Omission | to fail to do something (for which you have a duty to complete) |
| O06 | Opinion | the Court's explanation of its final decision |
| O07 | Oral Argument | vocalized legal presentation |
| O08 | Order | a court ruling |
| O09 | Original Jurisdiction | authority to consider and decide a case in the first instance |
| O10 | Overrule | to deny an objection; to void a previous judgment |
| ID | Term | Short Definition |
|---|---|---|
| P01 | Panel | a group conferring on a decision (eg, panel of commissioners, jury panel, etc.) |
| P02 | Party | individuals/organizations directly involved in a legal dispute |
| P03 | Pauper | a poor person (see indigent) |
| P04 | Pecuniary | tangible (refers to losses/damages) |
| P05 | Pendent Jurisdiction | federal court's authority to adjudicate state law claims on a federal case |
| P06 | Per Curiam | by the court (typically connotes an automatic appellate decision) (see IOP 5.4 (1DCA)) |
| P07 | Per Diem | per day (usually for calculating witness expenses, etc.) |
| P08 | Peremptory | absolute |
| P09 | Perjury | lying under oath |
| P10 | Petition | a civil complaint/request |
| P11 | Petitioner | synonymous with appellant, but signifies a different kind of action |
| P12 | Plain Error | an easy-to-see error that impairs a fair trial |
| P13 | Plaintiff in Error | appellant (old-fashioned word) |
| P14 | Pleadings | briefs/documents/motions that form the pillars of a legal dispute |
| P15 | Plenary | full; undisturbed; unqualified (ie, fully briefed) |
| P16 | Precedent | previously decided case that acts as authority for disposing of future cases |
| P17 | Prejudice | bias |
| P18 | Prep. of Evidence | the standard for adjudication that is loosely based on a 50-50 proposition |
| P19 | Presumption | a preliminary conclusion based on facts/allegations (also see inference) |
| P20 | Pretrial Conference | a formal meeting to discuss the case |
| P21 | Prevailing Party | the litigant who won the lawsuit |
| P22 | Prima Facie | at face value; indicating a party's claims merit consideration |
| P23 | Principal | the person who acts as the company (also see agent) |
| P24 | Privilege | a legal sanctuary that prevents disclosure of sacred information |
| P25 | Privileged Communications | the communications that are most commonly protected by legal forums |
| P26 | Privy | surrogate; proxy; (useful term in evaluating res judicata) |
| P27 | Pro Bono | free legal representation |
| P28 | Proceeding | the succession of events in a legal action |
| P29 | Process Service | delivery of writs and orders to notify an entity of legal matters |
| P30 | Pro Hac Vice | temporary (ex: out-of-state attorneys appearing pro hac vice for one case) |
| P31 | Prolixity | extraneous information in a pleading (see Rule 8 Fed. R. Civ. P.) |
| P32 | Pro Per | one's own self |
| P33 | Pro Se | self-represented litigant |
| P34 | Prosecution | the act of suing someone/something |
| P35 | Protective Order | a request that a party/non-party be shielded from discovery |
| P36 | Public Official | an elected/appointed person holding a public office |
| ID | Term | Short Definition |
|---|---|---|
| Q01 | Quash | the annullment of a discovery request |
| Q02 | Quasi | Lat.: sort of; somewhat; almost (eg, quasi-judicial proceedings mimic judicial proceedings) |
| Q03 | Questions of Law | legal contentions that do not require a findings of fact (see Standard of Review) |
| Q04 | Quid Pro Quo | transactional/harassing terms & conditions (I scratch your back, you scratch mine) |
| Q05 | Qui Tam | taking legal action on behalf of - and alongside (sometimes) - the government |
| Q06 | Quorum | a panel of decision-makers |
| Q07 | Quo Warranto | an extraordinary writ that asks 'with what authority?' |
| ID | Term | Short Definition |
|---|---|---|
| R01 | Ratification | confirmation/establishment (typically of a new legal doctrine/act/law) |
| R02 | Rational Basis | reasonable grounds for a government rule (compare with strict scrutiny) |
| R03 | Rebuttal Evidence | information that contradicts an opponent's claim |
| R04 | Recall | removal [of a public official] from public office (compare with disqualification; recusal; etc.) |
| R05 | Record | the docket and all material submitted to the tribunal/court |
| R06 | Recusal | the removal of a judge from a case |
| R07 | Redress | remedy/relief/solution to a legal woe |
| R08 | Red Herring | a distraction (one with grandstanding talking points); also see straw man |
| R09 | Referendum | regular people demanding review of official legislation (compare with initiative) |
| R10 | Regulations | widespread rules/codes issued/governed by administrative agencies (ie, 'regulatory bodies') |
| R11 | Reinstate | to place back into your original job/role (see Title VII) |
| R12 | Rehearing | to re-try the issues |
| R13 | Relation Back | a legal operation permitting a recent event to be treated like a past event |
| R14 | Relator | the private individual who initiated the ex rel proceeding |
| R15 | Release | to forfeit a claim/issue (usually within the context of a settlement) |
| R16 | Relief | the solution to the immediate problem (also see remedy) |
| R17 | Remand | to send back (ie, an appellate court tells a lower court to correct something) |
| R18 | Remedy | the cure for the alleged wrongdoing |
| R19 | Removal | transferring a case from one court to another |
| R20 | Render | issuing the final decision/verdict |
| R21 | Repeal | nullify/get-rid-of (typically within the context of a statute/law) |
| R22 | Replevin | a legal action to recover personal property that has been withheld |
| R23 | Reply | a response to a response/answer (usually requires leave of court) |
| R24 | Reports | grouped-decisions that are published for the public's consumption |
| R25 | Representative | someone who acts for another person in a special capacity |
| R26 | Request for Admission | discovery tool that asks a party to admit information |
| R27 | Request for Production | discovery tool that asks someone to give you legally-pertinent information |
| R28 | Rescind | cancel/annul |
| R29 | Rescission | cancellation |
| R30 | Res Judicata | claim preclusion; once a cause has been litigated it can't be re-litigated |
| R31 | Respondeat Superior | the parent company/agency (ie, where the buck stops) |
| R32 | Respondent | the petitioner's opponent |
| R33 | Reversal | undoing a lower court's decision (eg, reversing an order of dismissal) |
| R34 | Review | to reexamine a case/action (usually by an appellate court) |
| R35 | Ripeness | maturation of facts that will permit adjudication |
| R36 | Rule | guidance on conduct |
| ID | Term | Short Definition |
|---|---|---|
| S01 | Sanction | punish (in other contexts: reward) |
| S02 | Scienter | guilty conscience |
| S03 | Seal | a stamp that authenticates a legal document |
| S04 | Sealing Records | removing court records from the public's eye |
| S05 | Separate but Equal | longheld legal tradition commanding racial segregation |
| S06 | Separation of Powers | core constitutional mandate that each branch of government must mind its own business |
| S07 | Sequestration | quarantine/separate case participants (eg, witnesses, jurors) to prevent tampering |
| S08 | Servant | the person who takes the employee role (see independent contractor) |
| S09 | Set Aside | to nullify (to render void) |
| S10 | Settlement | amicable resolution of matters |
| S11 | Shall | mandatory; must. The term denotes a ministerial duty |
| S12 | Sham Pleading | an answer/complaint that is wholly false |
| S13 | Show Cause | demonstrate (typically in response to a Court Order) |
| S14 | Sovereign | the governing body that has dominion over a case |
| S15 | Sovereign Immunity | the government's protection against lawsuits (see 11th Amendment (US)) |
| S16 | Spoilation | hiding/destruction of material evidence (see concealment) |
| S17 | Standing | a legal/legitimate right to sue/complaint |
| S18 | Stare Decisis | precedent |
| S19 | Statement | an assertion (typically, one which the party intends to prove) |
| S20 | Statute | a law |
| S21 | Statute of Limitations | the time period in which claims must be made (or be forever barred) |
| S22 | Statutory Law | the statutes created by the legislature |
| S23 | Stay | to halt proceedings until further notice |
| S24 | Straw Man | a fictitious person/scenario erected for the purpose of arguing against it (ie, grandstanding) |
| S24 | Strict Construction | using the literal meanings of statutes and laws |
| S25 | Strict Liability | liability without fault (compare vicarious liability) |
| S26 | Strict Scrutiny | taking a close look at a rule/statute that will impact fundamental rights |
| S27 | Sua Sponte | on the court's own volition (a spontaneous act by the court) |
| S28 | Subject Matter | the topic for which the claims arise |
| S29 | Subpoena | writ commanding someone to appear in court, produce information; or do both. |
| S30 | Sui Juris | reaching emancipation/independence |
| S31 | Sum Certain | damages that can be calculated accurately (synonym for "liquidated damages") |
| S32 | Summary Judgment | final decision on the case that precludes the need for a trial/hearing |
| S33 | Summons | a writ commanding a defendant to answer to a complaint |
| S34 | Suppression of Evidence | blocking information from being used in a litigation |
| S35 | Supra | latin word for above; (antonym of infra) |
| S36 | Supremacy Clause | Art. VI §2 US Constitution (the federal government rules over states) |
| S37 | Supreme Court | the highest court of the land; the court of final review |
| S38 | Suspension | a temporary break featuring negative connotations (compare with abeyance) |
| S39 | Sustain | to approve the request (ie, to approve an objection) |
| ID | Term | Short Definition |
|---|---|---|
| T01 | Testimony | oral information submitted under oath |
| T02 | Toll | extend the time to perform an act (see Statute of Limitations) |
| T03 | Tort | a wrong - in the eyes of society (eg. a judge committing perjury) |
| T04 | Tortfeasor | one who wrongs another (within the confines of society's expectations) |
| T05 | Transcript | written record (verbatim) of an official proceeding |
| T06 | Traverse | a pleading that denies the allegations (eg, an answer/response) |
| T07 | Trial Court | the court that adjudicates the facts and laws of a case |
| T08 | Tribunal | the governing body that has original jurisdiction |
| ID | Term | Short Definition |
|---|---|---|
| U01 | Ultra Vires | excess of authority |
| U02 | Unclean Hands | actively causing the problem that you took legal action on |
| U03 | Unconstitutional | an act that does not conform with the constitution |
| ID | Term | Short Definition |
|---|---|---|
| V01 | Vacate | to nullify [a prior order] |
| V02 | Variance | proofs at trial that are different from charges at indictment |
| V03 | Venire | the manner in which a jury is summoned |
| V04 | Venue | the place where the issues can be adjudicated |
| V05 | Verdict | the final decision handed down by the finder of fact |
| V06 | Verification | the certification of the authenticity/veracity of something (typically, a legal statement) |
| V07 | Verified | the officially certified authenticity/veracity of something (typically, an oath) |
| V08 | Vexatious Litigation | excessive/frivolous litigation |
| V09 | Vicarious Liability | being held accountable for a subordinate's actions (see master-&-servant) |
| V10 | Vitiate | to nullify/void |
| V11 | Void | invalid; worthless |
| V12 | Voir Dire | process of evaluating prospective jurors |
| ID | Term | Short Definition |
|---|---|---|
| W01 | Waiver | surrendering a right/requirement |
| W02 | Wanton | reckless disregard |
| W03 | Warrant | an order from a judge that permits search/seizure (see 4th Amendment) |
| W04 | Weight of the Evidence | how important the information is |
| W05 | Willful | intentional; connoted with desire to inflict damage (also see wanton) |
| W06 | Witness | someone who supplies testimonies and/or affidavits |
| W07 | Work Product | legal notes/materials that are sacred/privileged |
| W08 | Writ | a legal order compelling someone to act |
| W09 | Writ of Error | a higher-court command [to a lower court] to send up the record (ie, Certiorari) |
| W10 | Writ of Prohibition | a legal order directing an officer/governing body to refrain from acting |
| ID | Term | Short Definition |
|---|---|---|
| X01 | X | [substitute] signature (typically used by people with an impairment that affects a full handwritten signature) |
| ID | Term | Short Definition |
|---|---|---|
| Y01 | Yellow Dog Contract | a contractual provision that prohibits labor union membership |
| ID | Term | Short Definition |
|---|---|---|
| Z01 | Zone of Employment | the physical area that an employer is legally liable for |
Feel free to use it in order to get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
