Law and Legal Studies Glossary

The legal process by which a judge or tribunal resolves a dispute between parties by rendering a binding decision based on applicable law and evidence presented.

A written statement of facts made voluntarily and confirmed by oath or affirmation, used as evidence in judicial or administrative proceedings.

The party who appeals a lower court's decision to a higher court, seeking a reversal or modification of the judgment.

A form of alternative dispute resolution in which parties submit their dispute to one or more neutral arbitrators who render a binding or non-binding decision outside of court.

The obligation of a party in a legal proceeding to prove the facts at issue to the required standard, such as 'preponderance of the evidence' in civil cases or 'beyond a reasonable doubt' in criminal cases.

Law established by judicial decisions in court cases, as opposed to law created by legislative statutes or executive regulations. Case law interprets, applies, and sometimes creates legal principles.

Something of value exchanged between parties to a contract that makes the agreement legally binding. It can be a promise, an act, or a forbearance from acting.

A sworn, out-of-court testimony given by a witness during the discovery phase of litigation, recorded for later use at trial or in other proceedings.

The pre-trial phase in litigation during which parties exchange relevant information and evidence, including documents, interrogatories, depositions, and requests for admission.

A branch of law that developed alongside common law to provide remedies (such as injunctions and specific performance) when monetary damages are inadequate to achieve justice.

A legal proceeding or communication involving only one party without the presence or notification of the opposing party. Courts generally disfavor ex parte contact except in emergency situations.

A serious criminal offense typically punishable by imprisonment for more than one year or by death. Examples include murder, robbery, arson, and drug trafficking.

A formal accusation issued by a grand jury charging a person with a serious crime. It represents a finding of probable cause that the accused committed the alleged offense.

The authority of a court to hear and decide cases. It includes subject matter jurisdiction (types of cases a court can hear) and personal jurisdiction (authority over the parties involved).

Legally responsible or obligated. In civil law, a person found liable must typically pay damages to the injured party. Liability can arise from contracts, torts, or statutory obligations.

The process of resolving disputes through the court system, encompassing all activities from filing a lawsuit through trial and potentially appeal.

A voluntary dispute resolution process in which a neutral third party (the mediator) facilitates communication between disputing parties to help them reach a mutually acceptable agreement.

A criminal offense less serious than a felony, typically punishable by fines, probation, community service, or imprisonment for one year or less.

The party who initiates a civil lawsuit by filing a complaint with the court, seeking legal remedy for an alleged wrong committed by the defendant.

A formal written document filed with the court that sets forth a party's claims or defenses. The main pleadings are the complaint (or petition) and the answer.

A court decision that serves as an authoritative rule or pattern for deciding subsequent cases involving similar facts or legal issues.

A written law enacted by a legislative body at the federal, state, or local level. Statutes are codified into collections known as codes and must conform to constitutional requirements.

A court order compelling a person to appear as a witness to give testimony (subpoena ad testificandum) or to produce documents or evidence (subpoena duces tecum).

A court ruling made without a full trial when the judge determines that there are no genuine disputes of material fact and that one party is entitled to judgment as a matter of law.

A formal written order issued by a court commanding or authorizing a specific act. Historical examples include writs of habeas corpus, mandamus, and certiorari.