A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ACLJ – American Center for Law & Justice
ACLU – American Civil Liberties Union
Affidavit – A written statement of facts made under oath used to present evidence to a court; generally used to support motions made before a case goes to trial.
Amicus curiae – Latin for “friend of the court”; refers to a person/organization that is not a party in a case, but has a strong interest in the outcome of the case, and who is permitted to submit a brief asking the court to rule a certain way.
Appeal – When a party seeks to change a court ruling by bringing the matter to a court with higher authority.
Appellate Court – A court that has the power to review and change the decisions of courts below it.
Attorney-Client Privilege – Allows an attorney’s client to prevent the disclosure of any confidential communications between the attorney and the client. The client is protected from being forced to disclose the information, and can prevent anyone else from disclosing it.
AUL – Americans United for Life
AUSCS (or AU) – Americans United for the Separation of church & State
Bequest – Giving property through a will.
Bill of Rights – Specifically, the first ten amendments to the United States Constitution. Generally, the portion of a constitution that limits the government’s ability to infringe on defined rights of citizens governed by that constitution.
Brief – A written document presenting a party’s legal arguments in a case.
BSF – Blackstone Legal Fellowship, an Alliance Defense Fund Ministry
CAP – Center for Arizona Policy
Case Law – Law that arises and develops through court decisions, as opposed to the legislative process.
Case of First Impression – A case that presents an issue that no court in that jurisdiction has ever addressed before.
Cause of Action – An individual legal claim in a lawsuit. Suits usually involve multiple causes of action; e.g. violation of right to free speech and right to free exercise of religion.
CLS – Christian Legal Society
CDC – Community Defense Counsel, an Alliance Defense Fund Ministry
Certiorari – Latin for “to be informed.” An order of an appellate court, called a writ of certiorari, granting review of a lower court ruling. Typically used to refer to the U.S. Supreme Court agreeing to hear a case.
Circuit Court of Appeals – Courts that have jurisdiction to review and change the decisions of all the federal district courts within a geographic area. They are intermediate courts that are subject to review by the United States Supreme Court.
Civil – The category of court proceedings which seek to enforce the protections afforded by the U.S. legal system. This is in contrast to criminal, which is the government enforcing the duties imposed by the U.S. legal system.
Civil Liberties – Rights to be free from excessive government interference; e.g. freedom of speech, freedom of religious exercise, freedom of association.
Common Law – Law that arises and develops from judicial decisions as opposed to constitutions, statutes, ordinances, etc. Also used to describe the historic judicial system the United States inherited from England.
Complaint – The document that commences a civil case. It identifies the parties, the causes of action brought by the plaintiff against the defendant, and the relief sought.
Constitution – A nation’s (or state’s) highest written instrument of law providing the extent and form of government power and individual rights.
Continuance - The postponement of a trial proceeding until a later date. Often granted by motion of a party.
Counsel – A lawyer who represents a client and/or the advice given by a lawyer to her client.
CPC – Crisis Pregnancy Centers
CRC – Corporate Resource Council
CWA – Concerned Women for America
Declaratory Judgment – A decision by a judge that makes clear the legal rights and obligations of the parties without awarding damages or further enforcing the decision.
Defendant – A party against whom a lawsuit has been brought.
Discrimination – The treatment of one person or group of persons in a manner that is different than other persons or groups.
Dismiss – The termination of a lawsuit before it is completed. Can be done with prejudice (barring any future action on the same claim) or without prejudice (allows lawsuit to be refiled).
Dissent/Dissenting opinion – When more than one judge hears a case, the opinion of a judge that disagrees with a particular ruling of the majority of the judges.
District Court – A federal trial court where all of the evidence is introduced and initial rulings are made. A losing party may appeal rulings of a district court to an appellate court.
DOMA – Defense of Marriage Act
Domestic Partners – The legal recognition of a union between two people which generally provides most or all of the same legal benefits given a married couple.
En Banc Review – A case before an appellate court where all the judges of the appellate court hear the case. Typically, only three judges of an appellate court hear a case.
Enjoin – The act of legally prohibiting or mandating a particular action; usually referred to as an injunction.
Equal Access Act – A federal statute providing that public secondary schools that allow students to conduct noncurriculum-related meetings during non-instructional time must provide an equal opportunity to use the facilities for all students, regardless of the content of speech at the meeting.
First Amendment [to the U.S. Constitution] – Ratified with the Bill of Rights in 1791, it states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble; and to petition the Government for a redress of grievances.”
FOF – Focus on the Family
FPC – Family Policy Council
FRC – Family Research Council
GLAAD – Gay & Lesbian Alliance Against Defamation
GLAD – Gay & Lesbian Advocates & Defenders
GLSEN – Gay, Lesbian & Straight Education Network
GRC – Grants Review Committee
Harassment – Words or conduct that create fear, anxiety, or distress and have no redeeming value.
HRC – Human Rights Campaign
Injunctive Relief – Legal ruling that prohibits or mandates a particular action.
Intermediate Court of Appeal - A state court that has the power to review and change the decisions of the trial courts below it, and is subject to review by a higher court, usually a supreme court.
Intervention – When a party who is not named in a lawsuit has an interest in the outcome of the case and enters the case to defend its interest.
Jurisdiction – A court’s ability to hear and rule on a particular case. There are two types of jurisdiction necessary for a court to be able to hear a case. 1) Subject matter jurisdiction: jurisdiction over the type of claim brought and relief requested; 2) Personal jurisdiction: jurisdiction over the parties involved in the case.
Kangaroo Court – Court proceeding where the rules of law are ignored.
L.A.S.T. – Litigation, Allied Support and Training
Lawsuit – A dispute brought by one party against another party to be resolved by the judicial process.
Lemon Test – The test, first espoused by the U.S. Supreme Court in Lemon v. Kurtzman, to determine whether the Establishment Clause of the First Amendment has been violated. For a law to survive the Lemon test, it must (1) have a secular purpose, (2) neither advance nor inhibit religion, and (3) not excessively entangle government with religion.
Liability – Legally obligated or indebted to another party.
Litigation – The process of instigating and resolving a lawsuit.
Lower court – A court from which a case has been appealed.
Magistrate – A federal judge who generally hears pretrial matters and occasionally hears civil cases or misdemeanor criminal cases.
Mandamus – A command from a court to a government official or lower court to perform a specific function; referred to as a writ of mandamus.
Memorandum – A legal document submitted to the court which presents a party’s legal arguments.
Moot – something that is no longer of any significance; a moot court is a simulated court proceeding used to train lawyers and help them prepare to appear in court.
Moratorium – The suspension of a legal obligation or other activity.
Motion for Summary Judgment – Request that the court rule on the case without a trial because there are no genuine issues of material facts to be presented at trial.
NLA – National Litigation Academy, an Alliance Defense Fund ministry
Notice of Appeal – A form filed with the court identifying the party that is appealing, the ruling that is being appealed, and the court to which the appeal is being made.
Oral Argument – Verbal argument before a court in support of counsel’s written arguments to the court.
Ordinance – A regulation adopted by a local or municipal governing body.
Permanent Injunction – Remedy given by a court that mandates or prohibits a certain action issued at the end of the court proceedings.
Petition – A formal request to a court.
PFAW – People for the American Way
PFLAG – Parents & Friends of Lesbians & Gays
Plaintiff – The party that initiates a lawsuit.
Pleadings – The documents describing the facts, causes of action, and defenses raised by the parties in a lawsuit.
Preliminary Injunction – An injunction issued by the court prior to trial at the request of the plaintiff; requires the plaintiff to show that she is likely to win at trial and will suffer irreparable injury if the injunction is not granted.
Prior Restraint – A restriction on speech, imposed by the government, before the speech has actually been made. Such a restriction is usually presumed unconstitutional if the speech being restricted is protected by the First Amendment.
Pro bono – Legal services offered at no cost to the client.
Pro se – Latin for “for oneself.” When a party appears in a court proceeding, without being represented by an attorney.
Recuse/Recusal – When a judge removes himself from hearing a case because he has a conflict of interest with some aspect of the case or the parties involved.
Remand – An appellate court sending a case back to the court it had been appealed from for some further action.
Rescind – The dissolution of a duty imposed by contract; may be done by court order or by agreement of the contracting parties.
RLUIPA – The Religious Land Use and Institutionalized Persons Act; a federal statute which, in part, ensures that churches are protected from land use regulations that (1) do not treat religious assemblies on equal terms with other assemblies or (2) impose a substantial burden on churches’ free exercise rights.
Rule of Law – The regulation by objective, established legal principles as opposed to the arbitrary power of individuals.
Ruling – The court’s decision on the outcome of a case or some aspect of a case.
Sanction – A penalty imposed by the court for violating court rules or orders; can be imposed on the attorney or the client.
Sexually Oriented Business (or SOB) – A business whose primary purpose is to produce or sell adult oriented products or services. Examples include adult book stores, adult movie theaters, strip clubs, etc.
Standing – The legal right to bring a claim before a court. A plaintiff must have standing to sue someone, which requires showing that the defendant’s conduct actually caused injury and the court can provide some sort of relief for the injury.
State Supreme Court – Generally, the highest appellate court in a particular state. Under some circumstances, a state supreme court’s ruling may be appealed to the U.S. Supreme Court.
Statute – A law passed by the legislature, either on the state or federal level.
Stay – An order by a court to suspend a proceeding or judgment issued by that court or a lower court under its authority.
Temporary Restraining Order (TRO) – A court order that is issued to preserve the status quo while a party’s request for an injunction is considered by the court.
Third Party – A party that is not named in the lawsuit but is involved and has some interest in the outcome of the case.
Ultra Vires – An action that is outside the scope of authority of the actor.
Unconstitutional – In violation of, or contrary to, a constitution.
With Prejudice – The manner by which a court dismisses a claim and forbids the pursuit of that claim in the future.
Writ – A written order by a court demanding an action or restricting an action.
Zoning – Dividing a municipality into various districts for purposes of regulating land use in those districts.