Judicial branch glossary of terms

The purpose of this glossary is to provide a listing of terms and phrases related to the judicial branch of California state government, but for those who work in and around the State Capitol. The following are some of the main words and phrases to be familiar with:

Acquittal – It is essentially a release from any civil liability; in the criminal law context, it is a finding of not guilty.

Adjudication – A judgment having been made in a case.

Admonishment – When a judge makes a statement regarding the conduct of a lawyer, litigant, or juror.

Affidavit – A written statement of facts made under oath.

Alternative Dispute Resolution (ADR) – A means of settling a legal dispute without a formal trial, including mediation and arbitration.

Amicus Curiae – This is a Latin term that means “friend of the court” and it refers to a party that files a legal brief even though they are not an actual party to the lawsuit.

Answer – This refers to a civil defendant filing a response to the civil plaintiff’s complaint.

Appeal – This is a formal request to a higher court to review a legal decision made by a lower court.

Appearance – An action by a party to a lawsuit who makes a personal appearance in a court of law, generally by an attorney for the party.

Appellate (or Appeals) Court – A higher court that reviews a lower court’s decisions. In California, there is the Court of Appeal and the Supreme Court.

Arbitration – This is a form of ADR that is used when two parties use an arbitrator to decide a legal dispute.

Arbitrator – This is an individual chosen by litigants to hear a case in arbitration and make a decision (often a retired judge has this role).

Bar – This refers to an association of lawyers.

Bench Trial – This is a trial before only a judge (i.e., not a jury).

Beyond a Reasonable Doubt – A term in criminal law that specified the standard of proof required by the prosecution in order to obtain a guilty conviction of the defendant.

Brief – This is a written document submitted by an attorney in a case, including statements of fact, legal arguments, etc.

Burden of Proof – In a civil or criminal case, this is the standard by which a party must meet in order to impose liability on the other party.

California Rules of Court – These are the rules that regulate practice before superior courts in the 58 counties, as well as the six courts of appeal, and Supreme Court.

Case Law – This is the law as established by written decisions of California’s appellate courts (i.e., judicial decisions); it is also called the “common law.”

Cause of Action – The basis for a party to seek legal relief in court.

Certiorari – This term refers to when a reviewing court agrees to exercise its discretion and review a lower court’s decision.

Challenges – There is the ability for a judge or attorneys to dismiss individual jurors from serving on a jury for different reasons. An attorney for a party will challenge a juror’s service and explain the reason for doing so. There are “challenges for cause” and “peremptory challenges.”

Challenge for Cause – This means there is a justified reason (e.g., a family or professional relationship with a litigant) to excuse the juror from service in a particular case. There is generally not a limit to the number of “for cause” challenges.

Civil Case/Civil Suit – This is a lawsuit filed in civil court (i.e., not criminal) to resolve a legal dispute and often seeking monetary damages.

Common Law – This is the law as established by written decisions of California’s appellate courts (i.e., judicial decisions); it is also called “case law.”

Controversy – This refers to a legal dispute.

Class Action – This is a civil lawsuit brought by one or more persons on behalf of a larger group of individuals who have the same cause of action.

Closing – This could refer to either the conclusion of a legal transaction (most often associated with a real estate transaction), or the final arguments made by an attorney at the conclusion of a jury or bench trial.

Compensatory Damages – This is a monetary award to cover actual costs to a party, including wages that were lost, or property damage suffered.

Concurring Opinion – This is a written decision of those justices who agree with the majority’s decision, but do so for other reasons.

Contingency Fee – This is a legal fee arrangement by which an attorney is paid a specified percentage of a financial recovery; if there are no damages awarded, there is no fee.

Copyright – This is a right to preclude others from using another’s work.

Counterclaim – A claim that is filed in a civil lawsuit by the defendant against the plaintiff who has already filed their claim against the defendant.

Counsel – Another term for lawyer or attorney who represents a client in legal matters.

Criminal Prosecution/Criminal Case – When the state of California charges an individual with a crime (i.e., a violation of the California Penal Code). There are infractions, misdemeanors, and felonies.

Damages – This is a monetary amount awarded to a party in litigation.

Default – This occurs when a defendant in a case fails to file a response to a complaint or fails to appear in court.

Degree of Proof – This is the standard of proof that is required for a civil (“preponderance of the evidence”) or criminal (“beyond a reasonable doubt”),

Deposition – This is the taking of sworn testimony by a witness.

Disbarment – When an attorney is this state is removed from the Bar and cannot practice law in this state.

Discovery – This occurs prior to a trial and the parties to the case obtain information from the other.

Dismissal with Prejudice – This occurs when a case is dismissed for a valid reason and the plaintiff is prohibited from bringing another case based on the same cause of action.

Dismissal without Prejudice – This occurs when a case is dismissed for a valid reason, but the plaintiff could, in the future, bring another case based on the same cause of action.

Dissenting Opinion – This is a written decision of those justices who disagree with the majority’s opinion.

Due Process – From the federal and state constitutions, this provision protects an individual’s rights to life, liberty or property, without due process of law.

Equal Protection Clause – From the federal and state constitutions, this provision protects individuals from discrimination by governmental entities,

Evidence – It is basically proof under the law set forth in a legal proceeding, such as from witness testimony or written statements or documents used.

Expert Witness – This is an individual with special skill or knowledge of a subject matter who is allowed to testify based upon that knowledge even if they were not a party to the matter.

Expungement – This is the term that describes when a criminal defendant’s record is eliminated.

Felony – This is one of three types of criminal offenses, and is the most serious one, and generally requires imprisonment of a specified time period for the offense.

Felon – This term describes an individual who was convicted of a felony crime.

Fiduciary – Either an individual or an entity can be a fiduciary, which means they are legally responsible for monies or property owned by another person or entity.

Grand Jury – At the county level, this is a group of citizens who are brought together in order to hear a criminal prosecutor’s evidence and whether probably cause has been shown to prosecute someone of a felony offense.

Guardian Ad Litem – This is a Latin tern that means “guardian at law,” who is an individual appointed by a court to protect the interests of another person, usually a child.

Hearing – This term refers to a forma legal proceeding, but also refers to official proceedings conducted by the Legislature and executive branch administrative agencies.

Impartial – This means the decision-maker is working without any bias or predisposition regarding a legal proceeding, such as jurors or a judge.

Instruction – This term describes an instruction given by a judge at the start or conclusion of a trial for the benefit of the jurors considering the facts of the case.

Injunction – This term means an order of a court either prohibiting or requiring something to be done or not done.

Interrogatories – These are formal, written questions that are given to a party to a lawsuit or a witness to answer as party of discovery in a legal matter.

Joint and Several Liability – This is a legal doctrine that makes both parties financially responsible (i.e., liable) for the total amount of those financial damages awarded, even if the other party cannot pay.

Judgment – This is a decision of a court of law.

Jurisdiction – This describes the legal authority of a court to consider a legal matter.

Litigants – These are the parties engaged in a legal dispute.

Majority Opinion – This is a written decision by a majority of the justices deciding the matter.

Mediation – A form of ADR, which involves a neutral third person who tries to bring the parties together and mediate or settle their legal dispute.

Mistrial – When a serious error in a trial occurs, a judge can declare a mistrial and the trial will have to start anew.

Moot – A legal matter is moot when an issue that is no longer able to be resolved because the case has been resolved.

Motion to Dismiss – This is used in a civil case where the defendant claims that, even if the plaintiff’s claims are true, there is no legal relief available to the plaintiff and so the judge should dismiss the case.

Negligence – This is a legal doctrine that imposes liability when reasonable care was not used under the circumstances.

Oath – This is a legal pledge made by an individual, such as to “tell the whole truth” as a witness, or an oath of office made by an elected or appointed official.

Opinion – This refers to a judge’s or justice’s written decision in a case.

Per Curiam Opinion – This is a written decision of justices that is unsigned opinion of the court’s majority.

Perjury – This is the giving of a false statement made under oath in a legal proceeding.

Petitioner – This term generally describes the party who is appealing a lower court’s decision.

Plaintiff – This term describes the person who files a lawsuit or legal action.

Plea – This is the answer to criminal charges made by the defendant in court as to whether the defendant is guilty or not guilty, or no contest.

Pleadings – These are the written legal arguments and statements of fact that are submitted by the parties to a lawsuit.

Postponement – This occurs when a legal case is rescheduled to a different time.

Preponderance of the Evidence – This is the legal standard or burden of proof used in a civil case.

Pro Bono / Pro Bono Publico – This is a Latin term that means “for the good of the public,” and is used to describe free legal services provided by an attorney.

Pro Se – This is a Latin term that means “for himself,” and is used to describe when an individual represents himself or herself in a legal matter.

Reasonable Doubt – This is the legal standard or burden of proof used in a criminal case.

Reply – This term describes the written response provided by a party to statements made in a pleading by the other party in litigation.

Respondent – This term generally describes the party against whom an appeal is taken.

Retainer – This term describes the fee that is provided by a client to an attorney upon beginning the attorney-client relationship.

Sequestration – This term is used to describe when a jury (i.e., all of the jurors in a single case) is required to stay together and is precluded from interacting with other persons until the trial is concluded.

Standard of Proof – This is the burden that a litigant has in proving their case, such as in a civil case the standard is either a “preponderance of evidence” or “clear and convincing evidence.”

Standing – This term describes a party’s legal right to file a lawsuit in court.

Statute of Limitations – This is a law (a statute) which places a time limit on when an individual must file a particular cause of action.

Stipulation – This term refers to when there is an agreement between the parties to a legal matter.

Subpoena – This is a legal order issued by a judge that forces an individual or an entity to either appear as a witness or to produce specified documents.

Summary Judgment – This is when a court issues a legal determination that the facts of the case are not in dispute by the parties and that one party is “entitled to a judgment as a matter of law.”

Summons – This is a legal document that instructs an individual that she or he must appear in court.

Temporary Restraining Order – This is a temporary court order that stops someone from doing something when an immediate loss could occur.

Testimony – This term describes when a witness appears under oath and provides testimony about a case.

Tort – A civil wrong for which the law provides a remedy.

Unanimous – This is when the entire jury in a case decides on the same verdict.

Venue – This is the term used for the legal authority of a court to hear a case based upon its location or power over an individual or matter.

Verdict – This is a decision by the judge or a jury in a civil or criminal matter.

Voir Dire – This is a French term that means “to speak the truth,” but it refers to the process used by the court or attorneys to examine prospective jurors in a case to determine whether they will be unbiased in their deliberations.

Witness – This is an individual who gives a first-hand account of an event that they saw or heard.

Writ – This is a judicial order directing a person to do or not do something.

Writ of Certiorari – This is a written order issued by the Supreme Court requiring a lower court to send the case to the high court.

Writ of Execution – This is a written court order that is used to take money or property to satisfy a legal judgment.

While there are many other legal terms and phrases used in the practice of law in this state (see, for example, “Black’s Law Dictionary” and its thousands of legal terms), this glossary provides many of the words and phrases that should be known by those in the legislative and executive branches of state government.