trial process/advocacy

affirmative defense

An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. The party...

after-discovered evidence

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal...

agency

Agency law is the common law doctrine controlling relationships between agents and principals. A principal-agent relationship is created when the agent is given authority to act for the principal. An agreement made by an agent is binding on...

American Civil Liberties Union

The American Civil Liberties Union (ACLU) is an organization founded in 1920, with the mission of defending and preserving the individual rights and liberties guaranteed to all people in the U.S. Constitution. The ACLU currently has more than...

amicus curiae

Amicus Curiae literally translated from Latin is "friend of the court." Plural is "amici curiae."

Generally, it is referencing a person or group who is not a party to an action, but has a strong interest in the matter....

anchoring

In negotiations, “anchoring” refers to the common tendency of giving undue weight to the first value or number put forth, and to then inadequately adjust from or counter the first value or number, or the “anchor.”

Thus the...

ancillary jurisdiction

Ancillary jurisdiction allows a federal court to hear a claim that would normally be outside of its subject-matter jurisdiction if it is substantially related to a second claim that is within the court's jurisdiction. A claim comes within a...

anti-contact rule

The anti-contact rule, also known as rule 4.2 of professional conduct, is a rule prohibiting lawyers from discussing subject matter of any case they’re working on with someone the lawyer knows to be represented by another lawyer in the matter...

appear

Appear is the verb for when a party makes an appearance at trial. You can appear either in person or virtually, though both options are not always available in any given court.

For more specific information, see appearance...

appearance

A party enters an appearance when they show up to court in response to a service of process. Appearance isn’t only a reference to physical presence in court when required, but also to procedural compliance (e.g., filing an answer,...

Pages