VII. Glossary

Appeal: An appeal is a legal process that involves asking a higher court to review the legal determination or decision made in a lower court because the party appealing believes that the decision made in the lower court is wrong. Typically, a party can appeal only after there is a final judgment on all issues in a case.

Class-action suit: A class action lawsuit is a legal proceeding that allows a plaintiff to file a lawsuit on behalf of a larger group, known as a “class.”

Damages: Monetary compensation provided to a claimant after a defendant is found liable.

Defendant: The defendant is the party (person or entity) that has been sued or accused of a crime.

Discovery: The formal process parties use in a lawsuit to obtain information and evidence before a trial.

Due Process: The conduct of legal or administrative proceedings according to fundamental principles of fairness.

Federal Courts: The courts of the United States as created by Article III of the U.S. Constitution or by Congress under Article I. Federal Courts have jurisdiction over disputes between citizens of different states (“diversity” jurisdiction) or questions of federal law (”federal question” jurisdiction). 

Discovery: The formal process parties use in a lawsuit to obtain information and evidence before a trial.

Due Process: The conduct of legal or administrative proceedings according to fundamental principles of fairness.

Federal Courts: The courts of the United States as created by Article III of the U.S. Constitution or by Congress. Federal Courts deal with disputes of citizens of different states or questions of federal law.

Federal District Courts: Trial Courts with general jurisdiction over federal matters. This is where a federal suit begins.

Federal Circuit Courts: Federal Appeals Court that takes appeals from district courts. “Circuit” refers to the geographic region and states that comprise a Circuit’s territory. For example, the 11th Circuit is comprised of Alabama, Florida, and Georgia. Panels of three judges hear the appeals.

U.S. Supreme Court: The highest court in our Judicial System. Typically accepts appeals from Federal Circuit Courts.

Immunity: Exemption from the requirements of the law provided by Congress or Courts.

Injunction/injunctive Relief: An injunction is a remedy that involves a court issuing an order requiring a party to do or cease doing a specific action. 

Interlocutory Appeal: An emergency appeal from a district court to a circuit court on a single issue or ruling before the case is fully resolved. Interlocutory appeals are an exception to the “final judgment rule” and are generally disfavored.

Judicial Deference: Tendency of Courts to be influenced by values-based principles not necessarily part of the normal legal analysis.

Motion: A motion is a request to a court for a desired ruling or order. An example is a Motion to Dismiss, which is a formal request for a court to dismiss or “throw out” a case because the facts and allegations are insufficient to state a valid claim.

Liability: Liability refers to the legal responsibility for one’s acts or omissions. A party is liable when they are legally responsible for something.

Litigation: Litigation is the process of resolving disputes by filing or answering a complaint through a public court system.

Opinion:

Judicial opinions are a court's written explanation of the court’s decision for a case.

There are three types of judicial opinions: A Majority Opinion, a Concurring Opinion, and a Dissenting Opinion.

A Majority Opinion is a judicial opinion that is joined by more than half the judges deciding a case. A Concurring Opinion is a judicial opinion of one or more justices or judges that supports the result reached in a case for reasons not stated in the majority opinion. A Dissenting Opinion is a judicial opinion by a judge who disagrees with the majority opinion of a case. 

Oral Argument: Oral Arguments are spoken presentations of a case before a court, where the parties of each side of a dispute are given an opportunity to highlight legal points and argue why their side should win a case.

Plaintiff: The plaintiff is the party that initiates a lawsuit by filing a complaint against another party (the defendant)

Precedent: Principles or rules established in a previous legal case that are binding on courts.

Preemption: Preemption is a constitutional principle from Article VI of the Constitution that grants the federal government the authority to prevent states from regulating a particular subject. Preemption is designed to protect vital national interests.

Relief: Relief, or remedy, refers to the amount of money or legal rights awarded to a plaintiff in a lawsuit.

Summary Judgment: A judgment entered by a court for one party against another party without a full trial.