Legal Terminology Guide

The party who files an appeal, asking a higher court to review a lower court's decision. In criminal cases, this is usually the defendant.

The party who responds to an appeal, arguing that the lower court's decision was correct. Also called the "respondent" in some jurisdictions.

A court that reviews decisions made by lower courts. It does not hold new trials or hear new evidence; it examines the existing record for legal errors.

A written legal argument submitted to the appellate court. The appellant's brief explains why the lower court made errors; the appellee's brief argues the decision should stand.

A scheduled session where attorneys present their case verbally to appellate judges and answer the judges' questions. Not every appeal includes oral argument.

When an appellate court sends a case back to the lower court for further action, such as a new trial or re-sentencing, based on errors identified on appeal.

When the appellate court agrees with the lower court's decision and allows it to stand. The original ruling remains in effect.

When the appellate court overturns the lower court's decision because it found a significant legal error that affected the outcome.

A hearing before all the judges of an appellate court, rather than the usual panel of three. En banc review is reserved for cases of exceptional importance or to resolve conflicting decisions within the same court.

The defendant's first formal court appearance after being charged, where the charges are read aloud and the defendant enters a plea of guilty, not guilty, or no contest.

Money or property deposited with the court to secure the defendant's release from jail while awaiting trial. If the defendant appears for all required court dates, the bail is returned.

A formal accusation of a crime, issued by a grand jury after reviewing evidence presented by a prosecutor. Required for federal felony charges under the Fifth Amendment.

An agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding the cost and uncertainty of a trial.

The punishment imposed by a judge after a defendant is convicted of a crime. Sentences may include imprisonment, fines, probation, community service, or a combination of these.

A court-ordered period of supervision in the community instead of imprisonment. Probationers must comply with specific conditions, such as regular check-ins, drug testing, or employment requirements.

The supervised early release of a prisoner before the completion of their full sentence. Parole is granted by a parole board and comes with conditions that must be followed to avoid being sent back to prison.

A formal request asking the court to make a specific ruling or order. Common examples include motions to dismiss, motions to suppress evidence, and motions for summary judgment.

A court proceeding where a judge listens to arguments from both sides on a specific legal issue, such as a motion or bail request. Hearings are less formal than trials and usually do not involve a jury.

The pre-trial process where both sides exchange relevant information and evidence. Discovery ensures that neither side is surprised at trial and promotes fair resolution of disputes.

A court order requiring a person to appear in court to testify or to produce documents or records. Ignoring a subpoena can result in contempt of court charges.

Sworn testimony given outside of court, typically in an attorney's office, where a witness answers questions from attorneys for both sides. A court reporter records every word and the testimony can be used at trial.

The jury's formal decision on whether the defendant is guilty or not guilty in a criminal case, or liable or not liable in a civil case.

The court's official final decision in a case. In criminal cases, the judgment includes the conviction and sentence. In civil cases, it specifies the relief awarded to the prevailing party.

A formal written request submitted to a court asking for a specific action, such as a petition for habeas corpus or a petition for post-conviction relief.

A formal written order issued by a court directing a person or entity to perform or cease performing a specific act. Common writs include habeas corpus and mandamus.

A written document submitted to a court that analyzes the legal issues in a case and cites relevant statutes and case law to support a party's position.

A written statement of facts made under penalty of perjury but not sworn before a notary. Declarations are commonly used in federal court filings as an alternative to affidavits.

A written statement of facts sworn under oath before a notary public or other authorized official. Affidavits carry the same weight as in-court testimony and making false statements is a criminal offense.