Archives: Glossary

A set of facts that gives a person the right to sue and seek relief from a court, such as breach of contract or negligence. A complaint states one or more causes of action.

A trial in which the judge, not a jury, decides the facts. In a federal bench trial, Rule 52(a) requires the court to find the facts specially and state its conclusions of law separately.

The person who makes and signs an affidavit, swearing or affirming that its contents are true.

Latin for “friend of the court.” A person or organization that is not a party but files a brief to offer information or arguments to the court. Federal Rule of Appellate Procedure 29 governs amicus briefs in the federal courts of appeals.

A mistake in the trial court serious enough to affect the outcome or a party’s substantial rights, so an appellate court may reverse or vacate the decision.

A mistake in the trial court that did not affect a party’s substantial rights, so it is not a reason to reverse. Federal Rule of Civil Procedure 61 directs courts to disregard all errors and defects that do not affect any party’s substantial rights.

The standard for reviewing a trial judge’s findings of fact. Under Federal Rule of Civil Procedure 52(a)(6), findings of fact must not be set aside unless clearly erroneous, with due regard for the trial court’s opportunity to judge the witnesses’ credibility.

Latin for “anew.” Under de novo review, an appellate court decides a question fresh, without deferring to the lower court’s answer. Questions of law are usually reviewed de novo.

A standard of review under which an appellate court reverses a trial court’s discretionary decision only if it was clearly unreasonable, rested on a legal error, or relied on clearly wrong findings. Many rulings on evidence, discovery and case management are reviewed for abuse of discretion.

Removal of a judge, lawyer or other person from taking part in a case. For federal judges, 28 U.S.C. § 455 lists the grounds for disqualification. Lawyers can be disqualified for conflicts of interest under the applicable rules of professional conduct.