Civil Case

A case involving disputes between two or more people, between people and companies, or between people and government agencies.

Common Law

Complaint

Appeal

A request by the losing party in a lawsuit that the judgement be reviewed by a higher court.

Appellant

The party who initiates an appeal. Sometimes called called a petitioner.

Appellate court

A court having jurisdiction to hear appeals and review a trial court's decision.

Bar

The whole body of lawyers. The "case at bar" is the case currently being considered.

Brief

A written argument prepared by counsel to file in court setting forth both facts and law in support of a case.

Decision

The judgement reached or given by a court of law.

Decree

An order of the court.

Defendant

In a civil case, the person being sued. In a criminal case, the person charged with a crime.

De Facto

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

Dispute

A conflict of claims or rights for which a legal suit may be brought.

Finding

Formal conclusion by a judge or regulatory agency on issues of fact; also a conclusions by a jury regarding a fact.

Opinion

A written statement of a judge setting forth the reasons for a decision and explaining his or her interpretation of the law applicable to the case.

Majority Opinion

A ___________ represents the view of more than half of the judges who participated in the case.

Plurality Opinion

Represents the view of the greatest number of judges, but less than half of those who hears the case.

For example, supposed nine judges hear a case and decide it by a five-to-four vote. If all five agree in their reasons for the decision and join an opinion stating those reasons, it would be a majority opinion. However, if three of the five agree on the reasoning and the other two agree with the decision, but not with the reasoning, the opinion of the three would be a plurality opinion. 

Dissenting Opinion

One which disagrees with the decision of the majority.

Concurring Opinion

Agrees with the decision of the majority, but differs from the reasoning of the majority opinion.

Plea of Nolo Contendere

Plea of Not Guilty

A plea of not guilty means that you deny guilt, and that the state must prove the charge that is filed against you. If you plead not guilty, you need to decide whether to hire an attorney to represent you. If you represent yourself, then you must know your rights and trial procedure.

Plaintiff

A person who brings suit in a court.

The part who institutes a legal action or claim (as a counterclaim).

Final Decree

A _________ is one which fully and finally disposes of the litigation.

Interlocutory Decree

A __________ is one that often disposes of only part of a lawsuit.

Opening Statement

Closing Statement

The attorney’s final statement to the judge or jury in a trial. It is the concluding statement of each party’s counsel and is made before deliberation begins. The attorney reiterates the important arguments and requests the judge or jury to consider the evidence and apply the law in his or her client’s favor. Usually after the trial the judge instructs the jury on the law that governs the case. Closing statements are not themselves evidence.This is also termed as closing arguments, final argument, jury summation or summing up.

Certiorari

"To make sure." A request for ___________ is an appeal which the higher court is not required to grant. If it does, then it agrees to hear the case, and a writ of _________ is issued commanding officials of inferior courts to convey the record of the case to the higher court.

Second Degree Murder

The unlawful taking of human life with malice, but without the other aggravating elements of first degree murder; i.e. without deliberation or premeditation.

Arson

At common law, the malicious burning of the house of another.

First Degree Murder