Legal terms, in plain language.

The moment a legal claim is considered to have come into existence, which is usually when the clock to sue starts running.

A finding that a criminal defendant is not guilty. After an acquittal, double jeopardy bars the government from retrying the defendant for the same offense: even if new evidence emerges later.

A written, signed statement made under oath, witnessed by a notary or other officer authorized to administer oaths. Affidavits are commonly used to support motions instead of live testimony.

An appellate court's ruling that the lower court got it right. The original judgment stays in place. The appellant loses the appeal.

Any way of resolving disputes outside of formal court litigation. The two most common forms are mediation (facilitated negotiation) and arbitration (private adjudication).

The one chance early in a lawsuit to change the complaint without asking the court or the other side for permission.

The dollar value of what is at stake in a lawsuit, which has to be above a set threshold for some federal courts to hear the case.

The defendant's formal written response to a complaint. The answer admits or denies each allegation, raises any affirmative defenses, and may include counterclaims against the plaintiff.

The party who appeals a lower court's decision to a higher court. The appellant is asking the appellate court to review what the trial court did and either reverse it, change it, or send it back for more work.

A higher court that reviews decisions of trial courts (and sometimes lower appellate courts). Appellate courts don't hear new evidence: they review the written record and the lawyers' arguments to decide if the lower court made a legal error.

The party defending the lower court's decision in an appeal. The appellee is asking the appellate court to leave the trial court's ruling alone.

A private process where a neutral third party (the arbitrator) decides a dispute, similar to a judge but outside the court system. Arbitration awards are usually binding and very hard to overturn.

A criminal defendant's first formal court appearance, where the charges are read and the defendant enters an initial plea (usually not guilty). Bail is often set or revisited at arraignment.

The constitutional rule that a person can only sue in federal court if they have a real, concrete stake in the outcome.

A person licensed to practice law and represent clients in legal matters. "Attorney" and "lawyer" mean the same thing in most contexts. To be an attorney, a person typically must finish law school, pass the bar exam, and be admitted to the bar of their state.

A legal rule that keeps confidential communications between you and your lawyer (made for the purpose of getting legal advice) out of evidence. The other side can't force you or your lawyer to reveal what was said.

A court officer responsible for keeping order in the courtroom, escorting jurors, and ensuring the safety of everyone present. Often a uniformed sheriff's deputy or marshal.

A professional organization for lawyers. Each state has a bar association (mandatory in some states, voluntary in others), and there are local bar associations at the city or county level. Bar associations often offer lawyer referral services.

The raised desk or platform at the front of a courtroom where the judge sits. By extension, "the bench" can refer to the judiciary as a whole, or to a particular judge.

A trial without a jury, where the judge alone decides both questions of law and questions of fact. Common in civil cases where one or both sides waive their right to a jury, and required in some kinds of cases.

The standard of proof in criminal cases. The government has to prove the defendant's guilt to a level that leaves no reasonable doubt. The highest standard in U.S. law.

A previous court decision that a later court is required to follow. Binding precedent comes from a higher court in the same jurisdiction whose rulings on the same legal issue control the lower court.

Failure to perform an obligation under a contract. When one party breaches, the other party can usually sue for damages caused by the breach.

A written legal argument submitted to a court. Despite the name, briefs are usually long: sometimes 50+ pages: and they're the primary way appellate courts get to know the parties' positions.

The obligation to convince the court of a particular fact or claim. In civil cases, the plaintiff usually bears the burden. The level of proof required depends on the kind of case.

A single legal matter being handled by a court: one dispute, with assigned parties, a case number, and a docket. Cases can be civil or criminal, big or small, simple or complex.

The unique identifier assigned to a case when it's filed. Often encodes the year, the type of case, and a sequential number: formats vary by court.

A theory that a plaintiff is the prevailing party because their lawsuit forced the other side to change its behavior, even without a court ruling.

In the federal system, a Court of Appeals: the intermediate level between the district courts and the U.S. Supreme Court. There are 13 federal Circuits. In some states, "circuit court" is also the name for the trial court.

A lawsuit between two private parties: usually individuals, businesses, or organizations: about a non-criminal dispute. The plaintiff asks the court to order the defendant to pay money, do something, or stop doing something.

A rule that bars a party from relitigating the same claim against the same opponent after a final judgment has already decided it.

A standard of proof higher than "preponderance of the evidence" but lower than "beyond a reasonable doubt." Used in some civil cases, especially fraud, termination of parental rights, and certain probate matters.

The court official who keeps the official record of a case: files, orders, judgments, and exhibits. The clerk's office is where you file documents, look up case records, and pay filing fees.

The presentation each side gives at the end of trial, after all evidence has been introduced, summarizing the case and arguing why their side should win. This is where lawyers can openly persuade.

A doctrine that prevents relitigation of a specific factual or legal issue that was decided in a prior case. Sometimes called issue preclusion. Different from res judicata, which bars whole claims.

Law made by judges in the course of deciding cases, rather than written by legislatures. Most U.S. states still use common law for many areas: torts, contracts, property: supplementing or overriding it with statutes as needed.

Money awarded to a plaintiff to make up for actual losses caused by the defendant. The goal is to put the plaintiff back in the position they would have been in if the harm hadn't happened.

The document a plaintiff files to start a civil lawsuit. The complaint identifies the parties, lists the facts, names the legal claims, and asks the court for specific relief (money, an order, etc.).

The rule that for diversity jurisdiction to apply, no plaintiff can be a citizen of the same state as any defendant.

An opinion by a judge who agrees with the majority's outcome but for different reasons, or wants to add additional reasoning. Concurrences are part of the case but don't always become binding precedent.

Defying a court order or disrupting court proceedings. Civil contempt aims to coerce compliance; criminal contempt aims to punish past defiance. Both can result in fines or jail.

A fee arrangement where the lawyer gets paid only if the client wins, taking a percentage (typically 33-40%) of the recovery. Common in personal injury cases and some other plaintiff-side work.

A theory that treats a series of related wrongful acts as one ongoing wrong, so the deadline to sue runs from the last act.

A legally enforceable agreement between two or more parties. Most contracts don't have to be written down, but some (like real estate transactions) do under each state's "statute of frauds."

A claim the defendant brings against the plaintiff, in the same case the plaintiff started. Counterclaims turn the defendant into a plaintiff (for the counterclaim) without having to file a separate lawsuit.

A trained professional who creates a verbatim written record of what's said during court proceedings, typically using a special stenotype machine. Their transcript becomes part of the official record.

The building that houses one or more courtrooms, the clerk's office, and other court services. Every county and most major federal districts have at least one.

The specific room inside a courthouse where hearings and trials happen. Each judge usually has their own courtroom, though some smaller courthouses share rooms among multiple judges.

A case where the government accuses someone of breaking a criminal law: something serious enough that the punishment can include fines, probation, jail, or prison. The defendant has constitutional protections that don't exist in civil cases.

The questioning of a witness by the side that didn't call them. Lawyers can ask leading questions on cross: questions that suggest the answer: which they can't on direct examination of their own witnesses.

Money awarded by a court to a plaintiff who's been wronged. The amount is supposed to compensate for the harm: though some kinds of damages are meant to punish the defendant or send a message.

A written statement signed under penalty of perjury. Used in many courts as an alternative to a notarized affidavit. The legal effect: and the criminal consequences for lying: are the same.

A judgment entered against a defendant who fails to respond to the lawsuit by the deadline. The plaintiff wins automatically without ever going to trial: but the defendant can sometimes get the default set aside.

The person, business, or entity being sued in a civil case or charged with a crime in a criminal case. The defendant didn't choose to be in court: the plaintiff (or in criminal cases, the government) brought them there.

A pre-trial questioning of a witness, in person and under oath, with a court reporter creating a transcript. Used in discovery to find out what a witness will say at trial: and sometimes to use the transcript at trial if the witness can't appear.

The initial questioning of a witness by the side that called them. The lawyer asks open-ended questions and the witness tells their story: leading questions are generally not allowed.

The pre-trial process where each side gets to find out what evidence the other side has. Tools include written questions (interrogatories), document requests, depositions, and subpoenas to non-parties.

A rule that pauses the deadline to sue until the injured person knew, or reasonably should have known, that they were harmed.

A dismissal that ends the case for good. The plaintiff can't refile the same claim. Often the result of settlement or of a court ruling on the merits.

A dismissal that doesn't bar the plaintiff from refiling the same claim later. Used when the case has procedural problems that could be fixed, or when the plaintiff voluntarily dismisses early.

An opinion written by a judge or justice on a multi-judge court who disagrees with the majority's decision. Dissents don't change the outcome of the case but can influence future cases and Supreme Court justices' thinking.

In the federal system, the trial court: every state has at least one U.S. District Court. Some state systems also use "district court" for their trial courts (with the meaning depending on the state).

A federal court's power to hear a case between citizens of different states when enough money is at stake.

The official chronological list of everything that has happened in a case: every filing, hearing, order, and motion, with dates. Also used to mean a court's overall caseload.

A court-made exception that pauses a filing deadline when fairness demands it, usually because the person was prevented from suing on time.

Anything that helps prove or disprove a fact in a case. Evidence comes in many forms: testimony, documents, photos, recordings, physical objects: and there are detailed rules about what's admissible.

A rule that requires a person to go through the available agency complaint process before they can sue in court.

A specific item of evidence that's been formally introduced: a document, photo, contract, video, or physical object that becomes part of the official record of the case.

A witness with specialized training, education, or experience who's allowed to give opinions on technical subjects beyond ordinary knowledge. Examples: a doctor explaining injuries, an accountant explaining financial damages, an engineer explaining a product defect.

A witness who testifies about what they personally observed, did, or experienced. Most witnesses are fact witnesses. They can't give opinions on technical matters: that's the role of an expert witness.

A motion arguing that even if everything in the complaint is true, the law still does not give the person a right to sue.

A specialized court that handles cases involving family relationships: divorce, child custody, child support, adoption, guardianship, paternity, and domestic violence restraining orders.

A court run by the U.S. government, established under Article III of the Constitution. Federal courts handle cases involving federal law, the U.S. Constitution, disputes between citizens of different states (when the amount is over $75,000), and a few other categories.

A federal court's power to hear cases that involve federal law, the Constitution, or a federal treaty.

A law that lets a winning party in certain kinds of cases recover their attorneys' fees from the losing party.

A single, fixed price for a defined legal service: like drafting a will, handling an uncontested divorce, or doing a real estate closing. The total cost is known upfront.

A doctrine that lets a court dismiss or move a case to a more convenient location, even if the current location is technically allowed.

A clause in a contract that says any disputes between the parties have to be brought in a specific court or location.

When a wrongdoer actively hides what they did, the deadline to sue them can be paused until the truth comes out.

An exception that lets a person skip a normally required step, like an agency process, when going through it would be pointless.

A court's power to hear any lawsuit against a defendant because that defendant is essentially at home in the state.

Any in-person (or remote) appearance before a judge to address a specific issue in a case. Hearings can be brief and procedural, or they can be lengthy "evidentiary hearings" that look much like mini-trials.

A statement made out of court, offered as evidence to prove the truth of what was said. Hearsay is generally not admissible: though there are dozens of exceptions and exclusions.

A billing arrangement where the lawyer charges by the hour for time worked on a case. Most common in business litigation, family law, criminal defense, and other matters where the work is hard to predict.

A formal accusation of a crime, issued by a grand jury after reviewing evidence presented by the prosecutor. Required for serious federal crimes, and used in many state systems for felonies.

A person or entity so important to a case that the court cannot fairly decide it without them, and whose absence may force dismissal.

A court order that requires someone to do something, or to stop doing something. Unlike money damages, injunctions are forward-looking remedies: used when money alone won't fix the problem.

A real, concrete, and personal harm to the plaintiff, which is one of the basic building blocks of standing to sue.

A tort committed deliberately, not just carelessly. Examples include assault, battery, false imprisonment, defamation, fraud, and intentional infliction of emotional distress.

Written questions one party sends to another, which must be answered in writing under oath. A standard discovery tool used to find out the basic facts of the other side's case.

A rule that prevents a party from re-arguing a specific issue that was already actually decided in an earlier case.

Adding additional parties or claims to a lawsuit so that related disputes can be handled together.

A government official with the authority to preside over court cases, decide questions of law, and (in cases without a jury) decide questions of fact. Judges are either elected or appointed depending on the court.

The court's official, final decision in a case. A judgment determines the rights of the parties and is enforceable: it's the document that lets a winning plaintiff actually collect.

A shortcut that lets a court accept a fact as true without formal evidence because it is widely known or easy to verify.

A court's authority to hear a particular kind of case involving particular parties. A court without jurisdiction has no power to issue a binding decision: even if both sides want it to.

An individual member of a jury. Jurors are selected from the community through jury duty notices. Their job is to listen to the case, weigh the evidence, and decide the facts.

A group of ordinary citizens, selected at random from the community, who listen to the evidence in a case and decide questions of fact. Juries don't decide questions of law: that's the judge's job.

A trial where a jury of community members hears the evidence and decides the facts. The judge still runs the trial and decides legal questions, but the verdict comes from the jury.

The title used for judges who sit on a state supreme court or the U.S. Supreme Court. A justice does the same job as a judge but at the highest level of the court system.

Same as an attorney: a person licensed to practice law. The two terms are synonyms in modern American usage. "Lawyer" is more colloquial; "attorney" is more formal.

Permission from the court to change a complaint or other pleading after the early window for free amendments has closed.

Free or low-cost legal services for people who can't afford a lawyer. Most areas have legal aid organizations funded by federal grants, state appropriations, charitable donations, and the private bar.

Legal responsibility for something: usually for harm caused to another person or for breaching a duty. A finding of liability typically means the defendant owes the plaintiff some kind of remedy.

An arrangement where a lawyer handles only specific parts of a case: like reviewing documents, drafting a motion, or appearing at one hearing: instead of handling the whole case. Sometimes called "unbundled" legal services.

The standard way courts calculate attorneys' fees, by multiplying a reasonable hourly rate by the number of hours reasonably spent.

A judicial officer with limited authority who handles certain kinds of cases or pretrial matters under the supervision of a regular judge. Common in federal court and in some state systems.

A facilitated negotiation where a neutral third person (the mediator) helps the parties try to reach a settlement. The mediator doesn't decide the case: they help the parties decide it themselves.

The level of connection a person or company needs with a state before that state's courts can fairly require them to defend a lawsuit there.

The warnings police must give a suspect in custody before interrogation: the right to remain silent, the right to an attorney, and that anything they say can be used against them. Named after the Supreme Court case Miranda v. Arizona.

When events have made a case no longer relevant: there's nothing for the court to decide because the dispute has resolved itself. A moot case is generally dismissed, since federal courts decide actual disputes, not academic questions.

A formal request asking the court to issue an order: for example, dismissing the case, granting summary judgment, compelling discovery, or setting a hearing. Motions can be filed before, during, or after trial.

A motion asking the court to throw out a case at the very beginning: usually arguing that even if everything in the complaint is true, the plaintiff doesn't have a legally valid claim.

A type of tort based on careless conduct: failing to act with the level of care that a reasonably prudent person would have used. The most common basis for personal injury lawsuits.

A tiny symbolic award (often $1) given when a plaintiff proves the defendant violated their rights but didn't suffer actual measurable harm. Nominal damages still count as a "win": they establish liability.

The document that starts an appeal. Filed in the trial court within a strict deadline (often 30 days from judgment), it tells everyone: opposing party, trial court, appellate court: that the case is moving up.

An older, looser pleading standard requiring only enough detail to put the other side on notice of the claim.

A formal statement to the court that opposing counsel is doing something improper: usually asking an improper question or trying to introduce inadmissible evidence. The judge rules immediately.

A short presentation each side gives at the start of a trial, previewing what they expect the evidence will show. Opening statements are not arguments: they're roadmaps.

A court's written decision explaining why it ruled the way it did. Trial-court opinions are usually short orders. Appellate opinions are typically much longer and become precedent for future cases.

A court session where lawyers stand up and answer judges' questions about a pending appeal. Usually 15-30 minutes per side. Not every appeal gets oral argument: many are decided on the briefs alone.

A written directive from a court: anything from a routine scheduling order to a final judgment. Court orders carry the force of law; ignoring one can result in contempt of court.

A law passed by a local government: city council, county commission, or similar. Ordinances cover local matters like zoning, noise, parking, business licenses, and minor offenses.

The judge's ruling that an objection is not correct: the question, evidence, or action is allowed. The witness has to answer or the evidence comes in.

A trained legal professional who assists lawyers but isn't a lawyer themselves. Paralegals can do legal research, draft documents, and manage cases: under a lawyer's supervision. They cannot give legal advice.

A stricter rule for fraud claims that demands specific details about who did what, when, where, and how.

A court's authority over a specific defendant, based on the defendant's connection to the state where the court sits. Without personal jurisdiction, a judgment against the defendant is unenforceable.

A previous court decision that a later court can consider but isn't required to follow. Decisions from courts in other jurisdictions, or from lower courts, are typically persuasive but not binding.

The party who starts certain kinds of cases: typically family law cases (divorce, custody), probate cases (wills, estates), or appeals. Functionally similar to a plaintiff, but the term used depends on the type of case.

The person or entity who starts a civil lawsuit by filing a complaint. The plaintiff is the party who claims to have been harmed and is asking the court for some kind of remedy.

The requirement that a complaint plead enough facts to make the claim reasonable on its face, not just theoretically possible.

An agreement in a criminal case where the defendant pleads guilty (or no contest) to one or more charges in exchange for some concession: reduced charges, a recommended sentence, dismissal of other charges.

A formal written document that states a party's claims or defenses. Complaints, answers, counterclaims, and replies are all pleadings. Pleadings are different from motions: they frame what the case is about, while motions ask the court to do something.

A previously decided case that future courts look to for guidance. Some precedent is binding (must be followed), and some is merely persuasive (worth considering but not required).

The standard of proof in most civil cases. The plaintiff has to show that their version of events is more likely true than not: meaning anything more than 50%.

The fundamental principle that a criminal defendant is treated as innocent until the government proves guilt beyond a reasonable doubt. The defendant doesn't have to prove anything.

The side that wins on the main issues in a lawsuit, which can entitle that side to recover attorneys' fees under certain statutes or contracts.

A legal protection that lets you keep certain communications or information confidential: even from a court. The most common are attorney-client privilege, spousal privilege, and the Fifth Amendment privilege against self-incrimination.

A close legal relationship between two parties that lets a court treat one as standing in the shoes of the other for some purposes.

Legal services provided for free by lawyers as a public service. Many state bars encourage or expect lawyers to do a certain number of pro bono hours each year, though it's not usually mandatory.

Representing yourself in court without a lawyer. Pro se litigants have the same legal rights as represented parties but are also held to the same procedural standards: courts don't usually relax the rules for self-represented parties.

The court-supervised process of handling a deceased person's estate: proving any will is valid, paying debts, and distributing what's left to heirs. Most states have specialized probate courts for these matters.

A criminal sentence served in the community under supervision instead of behind bars. Probation usually comes with conditions: regular check-ins with a probation officer, drug testing, employment requirements, and avoiding new offenses.

In criminal cases, the side representing the government: typically a prosecutor (a District Attorney, U.S. Attorney, or similar) bringing charges against the defendant.

Money awarded above and beyond compensatory damages, intended to punish the defendant for especially bad conduct and deter similar behavior in the future. Available only in limited circumstances.

When a person or company deliberately reaches into a state to do business or cause effects there, making it fair to sue them in that state.

The requirement that a favorable court ruling would actually fix or meaningfully address the plaintiff's injury.

A rule issued by a government agency to flesh out the details of a statute. Regulations have the force of law but are made by the executive branch (or independent agencies), not the legislature.

A rule that treats a later-filed amendment as if it had been filed on the date of the original complaint, which can save a claim from being too late.

A document signed by one party giving up legal claims against another. Standard part of most settlement agreements: the plaintiff releases the defendant from all claims arising from the dispute, in exchange for the settlement payment.

The basic test for whether evidence is admissible: does it tend to make a fact that matters to the case more or less likely? Irrelevant evidence is excluded.

When a higher court sends a case back to a lower court for further proceedings. Common after an appellate reversal or vacatur: the appellate court identifies the error and tells the trial court what to do next.

Moving a case from state court to federal court. Available only when the case could have originally been filed in federal court. Initiated by the defendant filing a notice of removal within strict deadlines.

A discovery tool that asks the other side to admit or deny specific factual statements. If they don't respond on time, the statements are deemed admitted.

A discovery request asking the other side to produce documents, electronic records, or other tangible things relevant to the case. Often abbreviated "RFP."

A person whose participation in a lawsuit is needed for the court to give complete relief or to protect that person's own interests.

The doctrine that prevents a party from suing again on a claim that has already been finally decided in court. Latin for "a thing decided." Sometimes called claim preclusion.

The party who has to respond to a petition: typically the other side in a divorce, custody, probate, or appeals case. Equivalent in role to a defendant, but the term used depends on the type of case.

A payment to a lawyer to secure their services for a case. Retainers can be one-time fees that cover defined work or refundable deposits that the lawyer bills against as work is done.

An appellate court's ruling that the lower court got it wrong. The original judgment is undone. The appellate court typically remands the case for further proceedings consistent with its opinion.

The requirement that a dispute be far enough developed for a court to decide. Courts won't hear cases that depend on contingent future events: the harm has to be actual or imminent, not speculative.

The phase of a criminal case after a guilty verdict or plea, where the judge decides the punishment: fines, probation, jail, prison, or some combination.

The legal procedure by which a defendant is officially notified of a lawsuit. Until the defendant has been properly served, the court usually has no power to enter a judgment against them.

An agreement between the parties to resolve a case without going to trial. Most civil cases settle: often after extensive negotiation, sometimes facilitated by a mediator.

A court that handles civil disputes below a certain dollar amount (usually $5,000-$25,000 depending on the state). Designed to be accessible without a lawyer: simpler procedures, faster timelines, lower filing fees.

A court's power over a defendant for a lawsuit that arises out of that defendant's specific dealings with the state.

A court order requiring a party to actually perform their contract obligations, rather than just paying damages for breach. Available only when money damages would be inadequate: typically for unique items like real estate.

The requirement that a plaintiff has a personal stake in the outcome of a case: typically requiring an actual injury, caused by the defendant, that a court can remedy. Without standing, a court has no power to hear the case.

The doctrine that courts should follow their own past decisions, and that lower courts must follow the precedent of higher courts in the same jurisdiction. Latin for "to stand by things decided."

A court run by a state government. State courts handle the vast majority of legal cases in the U.S.: landlord-tenant, family law, most criminal cases, contract disputes, personal injury, and almost everything else that doesn't involve federal law.

A law passed by a legislature: Congress for federal statutes, the state legislature for state statutes. Statutes are written law, distinct from court-made common law and agency-made regulations.

A rule that says certain kinds of contracts can only be enforced if they are written down and signed.

A law that sets a deadline for filing a lawsuit. After the deadline passes, the case is barred: even if the underlying claim is meritorious. Different kinds of cases have different limitations periods.

A hard deadline that ends the right to sue a fixed number of years after a specific event, even if the harm has not been discovered yet.

Legal responsibility imposed regardless of fault. Even if the defendant did everything reasonably, they can still be liable. Common in product liability and certain ultrahazardous activities.

A court's authority to hear a particular type of case. State courts generally have broad subject matter jurisdiction; federal courts have limited subject matter jurisdiction defined by the Constitution and Congress.

A court order requiring a person to appear, testify, or produce documents. Subpoenas can be served on parties or non-parties, and ignoring one can result in being held in contempt of court.

A pre-trial decision by the court that one side wins without needing a trial, because there are no genuine factual disputes that require a jury. Summary judgment is granted only when the evidence is clear enough that no reasonable jury could rule the other way.

An official court document that notifies a defendant they're being sued, identifies the court, and tells them how long they have to respond. The summons is served on the defendant along with the complaint.

A federal court's power to hear extra state-law claims that are closely connected to a claim already in federal court.

The highest court in a court system. The U.S. Supreme Court is the highest court for federal law. Each state also has a supreme court (sometimes called the Court of Appeals or Court of Last Resort) that's the final word on state law.

The judge's ruling that an objection is correct: the lawyer can't ask that question, the evidence isn't admitted, or whatever the objection was about doesn't happen.

A statement made under oath by a witness: at a deposition, hearing, or trial. Testimony is one of the most common forms of evidence, but it's also the most prone to memory error and bias.

Pausing the running of a statute of limitations. Tolling can happen for various reasons: the plaintiff was a minor, the defendant fraudulently concealed the claim, the parties were in active settlement negotiations, etc.

A civil wrong (other than breach of contract) that causes harm to another person. The injured party can sue for damages. Common torts include negligence, defamation, fraud, trespass, and assault.

The formal proceeding where evidence is presented, witnesses testify, and the case is decided. Trials can be by jury or by the judge alone (a "bench trial").

The court where a case starts. Trial courts hear evidence, listen to witnesses, and decide both questions of fact and questions of law. Almost every case begins in a trial court.

The modern federal rule that a complaint must contain enough specific facts to make the claim plausible, not just possible.

An appellate ruling that erases the lower court's decision without necessarily declaring it wrong. Often used when circumstances have changed or when a higher court wants the lower court to redo its analysis.

The specific court within a jurisdiction where a case should be filed. Even if multiple courts have jurisdiction, venue rules narrow it to the proper geographic location: usually where the defendant lives or where the events happened.

The decision reached by a jury (or a judge in a bench trial) at the end of a trial. The verdict resolves the factual issues: who wins, and in civil cases, what damages or other relief are awarded.

Voluntarily giving up a known right. Waivers can be express (signed in writing) or implied (inferred from conduct). Once you waive a right, you usually can't get it back.

A simpler process where the defendant agrees to accept the lawsuit by mail, avoiding the cost and hassle of formal personal service.

A person who testifies under oath about what they observed, did, or know. Witnesses can be parties to the case or strangers to it. Their job is to provide information, not to argue for either side.

A doctrine that protects materials a lawyer prepares in anticipation of litigation: notes, mental impressions, theories: from disclosure to the other side. Different from attorney-client privilege but often overlapping.