Glossary

Amicus brief

Short for amicus curiae, ‘friend of the court.’ A brief filed by someone who is not a party to the case but has a strong interest in the outcome.

Arbitration

A private process where the parties agree to let a neutral decision maker resolve their dispute outside of court. Many contracts require it. Where it hides in contract boilerplate.

Burden of proof

The obligation to prove a disputed fact. In most civil cases the plaintiff must show it is more likely true than not.

De novo

Latin for ‘anew.’ Review that starts fresh, with no deference to the earlier decision, the way an appeals court reviews pure questions of law.

Default judgment

A judgment entered against a defendant who fails to respond to a lawsuit in time. Showing up matters.

Demurrer

A response that says, even taking every alleged fact as true, the complaint does not state a legal claim. Most courts now handle this as a motion to dismiss.

Forum non conveniens

Latin for ‘an inconvenient forum.’ A doctrine that lets a court decline a case when another court is available and better suited to hear it.

Impeachment

In the courtroom sense, challenging a witness’s credibility, often with the witness’s own prior inconsistent statements. Not the presidential kind.

Injunction

A court order that requires someone to do something or to stop doing something, used when money alone cannot fix the harm.

Interlocutory

Describes an order a court issues in the middle of a case rather than at the end. Interlocutory orders usually cannot be appealed until the case is over.

Jurisdiction

A court’s authority to hear a particular case, based on the subject matter and on the people or property involved. How it complicates cross-border deals.

Prima facie case

Latin for ‘at first look.’ The minimum showing a plaintiff must make to require the defendant to respond.

Res judicata

Latin for ‘a thing decided.’ Once a court finally decides a claim, the same parties cannot relitigate it in a new lawsuit.

Stare decisis

Latin for ‘to stand by things decided.’ The principle that courts follow rules set in earlier decisions so the law stays consistent.

Statute of limitations

The deadline for filing a lawsuit. Once it passes, the claim is usually barred no matter how strong it is.

Sua sponte

Latin for ‘of its own accord.’ Describes a judge acting without either party asking, such as dismissing a case sua sponte.

Consideration

Something of value each side gives up in a contract. Without consideration on both sides, a promise is usually not legally enforceable.

Covenant

A binding promise inside a contract or deed, such as a covenant not to compete.

Due diligence

The investigation a party does before a deal or decision, such as reviewing a company’s finances and legal risks before an acquisition. Full explainer.

Executory contract

A contract in which one or both sides still have obligations left to perform.

Fiduciary duty

A legal obligation to act in someone else’s best interest, such as a company director toward shareholders or a trustee toward a beneficiary. Full explainer for nonprofit boards.

Indemnify

To agree to cover another person’s loss or legal liability, a promise found in most commercial contracts. One of the boilerplate clauses founders skip.

Privity

The direct legal relationship between the parties to a contract. As a rule, only those in privity can enforce the contract, though the law has carved out exceptions.

Promissory estoppel

A doctrine that lets a court enforce a promise even without a contract, when one party reasonably relied on the promise and would be harmed if it were broken.

Actus reus

Latin for ‘guilty act.’ The physical conduct element of a crime. Its partner is mens rea, the mental element. Notes from my first semester of criminal law.

Chattels

Personal property, meaning things you own other than land. The tort of trespass to chattels covers interference with them.

Damages

Money a court awards to compensate for harm caused by a legal wrong.

Defamation per se and per quod

A false statement that harms reputation is defamation. Per se means the statement is so obviously damaging, like falsely accusing someone of a crime, that harm is presumed. Per quod means the plaintiff must prove the harm.

Inchoate crime

A crime of preparation, such as attempt or conspiracy. Punishable even if the planned crime never happens.

Loss of consortium

A claim brought by the spouse of an injured person for the loss of companionship the injury caused.

Malum in se and malum prohibitum

Latin for ‘wrong in itself’ and ‘wrong because prohibited.’ Murder is malum in se; speeding is malum prohibitum.

Mens rea

Latin for ‘guilty mind.’ The mental state element of a crime, such as intent, knowledge, or recklessness.

Replevin

A lawsuit to recover specific personal property itself, not just money for its loss.

Willful misconduct

Conduct that intentionally or recklessly disregards known rules or obvious risks. A higher bar than ordinary negligence.

501(c)(3)

The section of the tax code for charities that can receive tax-deductible donations. How it differs from a 501(c)(4), and what makes a charity public.

Cy pres

From the French for ‘as near as possible.’ When a charitable purpose becomes impossible or impractical, a court redirects the assets to the closest achievable purpose. How it works in a dissolution.

Due process

The constitutional guarantee of fair procedure, including notice and a chance to be heard, before the government takes your life, liberty, or property.

Fiscal sponsorship

An arrangement where a charitable project operates under an existing nonprofit’s tax-exempt status instead of forming its own organization. Full explainer.

Parens patriae

Latin for ‘parent of the country.’ The state’s authority to protect interests that have no private owner, including the enforcement of charitable purposes. Why it makes attorneys general the charity regulator.

Pretext

A stated reason that hides the real one. In employment discrimination cases, a plaintiff can win by showing the employer’s explanation was pretextual.

Pro bono

Short for pro bono publico, ‘for the public good.’ Legal work done free of charge. Not to be confused with pro se or pro hac vice.

Qualified immunity

A court-made doctrine that shields government officials from money damages unless they violated clearly established law. Full explainer.

Section 1983

A federal statute (42 U.S.C. Section 1983) that lets individuals sue state and local government officials who violate their constitutional rights. How qualified immunity limits it.

Arguendo

‘For the sake of argument.’ Lawyers assume a point arguendo to test where it leads without conceding that it is true.

De minimis

From the maxim de minimis non curat lex, ‘the law does not concern itself with trifles.’ Too minor for the law to bother with.

Inter alia

‘Among other things.’ The signal that a list is not complete.

Ipse dixit

‘He himself said it.’ An assertion that rests on nothing but the speaker’s say-so.

Sine qua non

‘Without which, not.’ The indispensable condition, the thing without which the result could not have happened.