Ineffective assistance of counsel refers to a situation in which a criminal defendant's legal representation fails to meet the minimum standards of competence and diligence expected from attorneys. It is a constitutional claim that arises...
appellate procedure
interlocutory
The term interlocutory is used to indicate a lack of finality. For example:
An interlocutory decree is a judgment that does not settle all of the issues of a case and where the further action by the court is needed to...interlocutory appeal
The term “interlocutory” is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation.
The collateral order doctrine sets forth the rules for such...
judgment
Judgment means the final decision made by a court or tribunal. After the judges consider all the relevant evidence of the legal trial and consider all rights and obligations, the plaintiff and defendant will receive the final ruling. This...
King's Bench
King’s Bench is one of three divisional courts in the United Kingdom’s High Court that serves both as a court of original and appellate jurisdiction. King’s Bench (called Queen or King’s bench depending on who is reigning) covers a wide range...
lower court
Any court that is inferior to another court. Lower courts usually consist of trial courts and intermediate appellate courts, which issue decisions that are subject to review or to appeal to a higher (appellate) court. For example, the U.S. Circuit...
mandamus
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D....
mandate
A mandate is an official order.
In appellate cases, a mandate is the document by which the appellate court formally notifies the lower court of its decision and by which jurisdiction for any necessary additional proceedings...
Martin v. Hunter's Lessee (1816)
Martin v. Hunter’s Lessee (1816), is a Supreme Court case that established the Supreme Court’s authority over state courts in matters of federal law.
The plaintiff in this case, Martin, sued the defendant, Hunter’s Lessee, in Virginia State...
moving party
A term which refers to a party in a case who is making a motion. For example, if a plaintiff in a civil case moves for summary judgment, the plaintiff is considered the moving party. This term is interchangeable with movant. A non-movant is a party who...