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 | Abrogate | to cancel/repeal (usually in the context of legislation) |
A05 | Abuse of Discretion | to make arbitrary/unreasonable rulings; reversible on appeal |
A06 | Abuse of Process | committing a legal act with an ulterior motive (see frivolous) |
A07 | Action | a judicial proceeding |
A08 | Ad Hoc | Lat.: for this special purpose (connotes immediacy) |
A09 | Adjudication | the legal determination of a claim/case/controversy |
A10 | Administrative Agency | a governmental/regulatory body that oversees a set of laws |
A11 | A Fortiori | with stronger reason (a second fact is supported by a conclusory fact) |
A12 | Administrative Law Judge | the hearing officer who makes findings of fact regarding executive action |
A13 | Admissible Evidence | information that a Court can use in its adjudication |
A14 | Adverse Inference | whatever you're hiding must be good/incriminating |
A15 | Advocate | someone who provides legal assistance to a party |
A16 | Affiant | the author of an affidavit |
A17 | Affidavit | a sworn written statement under oath |
A18 | Affirmation | a sworn acknowledgment of truth (subject to penalties of perjury) |
A19 | Agent | someone who represents another entity (consider with master-servant) |
A20 | Allegation | an assertion of fact that the issuing party intends to prove |
A21 | Alt. Dispute Resolution | various ways to conclude a suit without trial (eg arbitration, mediation...) |
A22 | Amend | alter/update (eg amend a pleading) |
A23 | Amicus | a friend of the court (sort of like an interpleader) |
A24 | Ancillary Jurisdiction | authority over an auxiliary claim even if that claim wasn't explicitly stated |
A25 | Answer | the defendant's response to the plaintiff's complaint |
A26 | Apparent Authority | presumed authority (consider with principal) |
A27 | Appeal | a request to a higher court to review the decision of a lower court |
A28 | Appearance | showing up in court to prosecute/defend an action |
A29 | Appellant | the person who filed the appeal |
A30 | Appellate | a court that handles appeals |
A31 | Appellee | the appellant's opponent |
A32 | Arbiter | the person who conducts the arbitration hearing; needs court's confirmation |
A33 | Arbitration | a method of alternative dispute resolution which does not require trial |
A34 | Arbitrator | the person who conducts the arbitration hearing; decision is final |
A35 | Argument | persuasive legal presentation |
A36 | Attorney-Client Privilege | confidentiality applied when someone consults with a lawyer (see privilege) |
A37 | Attorney General | the top cop |
A38 | Authority | the power to govern over someone/something |
A39 | 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 | Claim | facts that give rise to a court's adjudication |
C11 | Class Action | a lawsuit that consolidates many similarly-situated plaintiffs as one plaintiff |
C12 | Clear & Convincing | obvious (in the context of a [heightened] standard of proof). |
C13 | Clerk | the person who handles many of the court's clerical duties |
C14 | Coercion | forcing someone to do something against their free will |
C15 | Cogent | compelling (usually in the context of a legal argument) |
C16 | Cognizable | within a court's jurisdiction |
C17 | Collateral Attack | a legal action that assails the final judgment of a prior case (eg, habeas corpus) |
C18 | Collateral Estoppel | issue preclusion; previously litigated matters cannot be re-litigated |
C19 | Color of Law | official capacity or even proxy-official capacity |
C20 | Comity | deferring to another jurisdiction |
C21 | Commerce Clause | clause in Art I. §8 US granting Congress power to regulate interstate commerce |
C22 | Common Law | adjudication based on precedent |
C23 | Competent Substantial Evidence | evidence that is fact-based; open for cross examination; and satisfactory to a reasonable mind. |
C24 | Complainant | the person who initiated legal action (context ≈ administrative agency) |
C25 | Complaint | the written allegations/charges/counts [in a lawsuit] |
C26 | Concealment | hiding/destroying material evidence (see spoilation) |
C27 | Conciliation | a method of alternative dispute resolution that doesn't require trial |
C28 | Condition | a prerequisite needed to spark a subsequent legal action |
C29 | Confrontation Clause | a right for the accused to confront his/her accuser (see 6th Amendment) |
C30 | Consent | agreement; often a key element in legal cases |
C31 | Consent Judgment | an agreement between two parties on final judgment (compare settlement) |
C32 | Consolidated Appeal | joining/litigating multiple related cases together (in one case) |
C33 | Constitution | fundamental principles of law created by a government |
C34 | Construction | the way to interpret ambigious statutes |
C35 | Constructive Discharge | getting harassed into quitting |
C36 | Constructive Knowledge | a substitute for actual knowledge |
C37 | Contempt | disrepecting or disobeying court orders |
C38 | Contract | a legal agreement |
C39 | Contractor | a party to an agreement (compare independent contractor with servant) |
C40 | Contumacy | contemptuous; disrepecting or disobeying court orders |
C41 | Count | a distinct allegation (which features legal ramifications) |
C42 | Counterclaim | a defendant's charges against a plaintiff |
C43 | Court | practical expression of the judicial branch of government |
C44 | Counsel | attorney/lawyer; or - in a different context - to advocate |
C45 | Court of Equity | a court that deals with fairness |
C46 | Court of Law | a court that deals with law |
C47 | Court Reporter | the person who transcribes testimony |
C48 | Cross-Claim | a defendant's charges against another defendant |
C49 | Cross Examination | asking a witness questions [on the stand] after he/she testified |
C50 | 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 | Evidence | information pertinent to a case |
E11 | Exception | legal objection to a ruling |
E12 | Excusable Neglect | a forgivable mishap/shortcoming (see equitable; or tolling) |
E13 | Executive Branch | the branch of government that executes/enforces the law |
E14 | Exhibits | information submitted as evidence |
E15 | Exigent Circumstances | severe calamity that makes standard procedures more malleable |
E16 | Ex Officio | automatic appointment to a committee/board due to the person's public office |
E17 | Ex Parte | one-sided communication with the Court/Judge |
E18 | Expert Witness | someone who testifies about a matter he/she has skill/knowledge of |
E19 | Express | formally disclosed in written/oral format |
E20 | Expressio Unius... | Lat.: if it's not expressly written in the statute then it was meant to be excluded |
E21 | Ex Rel. | lawsuit initiated by a private individual, but between the government and another individual |
E22 | Extension | increase in the time given to complete a task (ie, pushing a deadline back) |
E23 | Extrajudicial | non-judicial (ie, beyond a court's jurisdiction) |
E24 | 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 | 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 | Injunction | preventative remedy |
I12 | In Haec Verba | in these verbs (construction) |
I13 | Inherent Power | obvious authority that a government body has |
I14 | Injury | harm/loss that must be remedied |
I15 | In Limine | at the threshold/beginning (see motion in limine) |
I16 | In Pari Materia | similar stuff should be read together (latin for "on like subject matter") |
I17 | In Re | a legal action with only one party (latin for "in the matter of") |
I18 | Inter Alia | among other things (latin) |
I19 | Interlocutory | non-final |
I20 | Interrogatory | discovery tool that asks an entity questions under oath (usually in writing) |
I21 | Intervention | allowing an affected person/organization to enter a lawsuit |
I22 | Intrinsic Fraud | fake/underhanded junk that was used in an important ruling |
I23 | Invidious | nasty/vile strain of discrimination |
I24 | Ipso Facto | facially factual (latin) |
I25 | Irreparable Harm | imminent injury that cannot be remedied with money (eg, wife will kill me) |
I26 | 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 | Record | the docket and all material submitted to the tribunal/court |
R05 | Recusal | the removal of a judge from a case |
R06 | Redress | remedy/relief/solution to a legal woe |
R07 | Red Herring | a distraction (one with grandstanding talking points); also see straw man |
R08 | Regulations | widespread rules/codes issued/governed by administrative agencies (ie, 'regulatory bodies') |
R09 | Reinstate | to place back into your original job/role (see Title VII) |
R10 | Rehearing | to re-try the issues |
R11 | Relation Back | a legal operation permitting a recent event to be treated like a past event |
R12 | Relator | the private individual who initiated the ex rel proceeding |
R13 | Release | to forfeit a claim/issue (usually within the context of a settlement) |
R14 | Relief | the solution to the immediate problem (also see remedy) |
R15 | Remand | to send back (ie, an appellate court tells a lower court to correct something) |
R16 | Remedy | the cure for the alleged wrongdoing |
R17 | Removal | transferring a case from one court to another |
R18 | Render | issuing the final decision/verdict |
R19 | Replevin | a legal action to recover personal property that has been withheld |
R20 | Reply | a response to a response/answer (usually requires leave of court) |
R21 | Reports | grouped-decisions that are published for the public's consumption |
R22 | Representative | someone who acts for another person in a special capacity |
R23 | Request for Admission | discovery tool that asks a party to admit information |
R24 | Request for Production | discovery tool that asks someone to give you legally-pertinent information |
R25 | Rescind | cancel/annul |
R26 | Rescission | cancellation |
R27 | Res Judicata | claim preclusion; once a cause has been litigated it can't be re-litigated |
R28 | Respondeat Superior | the parent company/agency (ie, where the buck stops) |
R29 | Respondent | the petitioner's opponent |
R30 | Reversal | undoing a lower court's decision (eg, reversing an order of dismissal) |
R31 | Review | to reexamine a case/action (usually by an appellate court) |
R32 | Ripeness | maturation of facts that will permit adjudication |
R33 | 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 | Writ | a legal order compelling someone to act |
W08 | 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