Archives: Glossary

An assertion of a right or a claim, calling on another person to do something. In court, a complaint must include a demand for the relief sought (Fed. R. Civ. P. 8(a)(3)); a party may demand a jury trial by serving a written demand and filing it (Fed. R. Civ. P. 38(b)); and a written demand must be served on every party (Fed. R. Civ. P. 5(a)(1)(E)). Outside court, a demand letter asks for payment or performance before a lawsuit, and some claims or statutes require a demand before suit is filed. Under UCC § 3-108(a), a promise or order is payable on demand if it says it is payable on demand or at sight, otherwise indicates it is payable at the will of the holder, or states no time of payment.

Permitted, authorized or not forbidden by law. Statutes use the word in many settings, such as “lawfully admitted for permanent residence” in immigration law (8 U.S.C. § 1101(a)(20)), the status of a lawful permanent resident, or a court’s power to punish disobedience of its “lawful” orders (18 U.S.C. § 401(3)). We have not found a court decision holding that a distinction between “lawful” and “legal” places a person outside the reach of statutes, licenses or court orders.

Relating to the law, or permitted by law. “Legal” also distinguishes law from equity: legal remedies, such as money damages, historically came from courts of law, while equitable remedies, such as injunctions, came from courts of equity. Some older law dictionaries, such as Black’s (1910), drew a fine distinction between “legal” (the form of law) and “lawful” (the substance of law), but in modern usage the two words are generally treated as interchangeable: authorized or not forbidden by law.

A court session, used in Florida circuit courts, at which the judge calls the cases set for an upcoming trial period to find out whether each one is ready for trial, has settled or needs a continuance. Other courts hold similar sessions, often called a calendar call. Attendance by counsel and unrepresented parties is usually mandatory, and missing it can lead to dismissal or other sanctions. The court may announce at docket sounding when each case will be tried. The court’s trial order or local practice explains what is required.

Latin for “from one side.” An action, application or communication by or for one party without the other party present or notified. Courts allow ex parte proceedings only in limited situations, such as some temporary restraining orders under Fed. R. Civ. P. 65(b)(1). Judicial ethics rules generally bar judges from ex parte communications about a pending case (Code of Conduct for United States Judges, Canon 3(A)(4)). In case names, “Ex parte” introduces an application made by one party, as in Ex parte Young, 209 U.S. 123 (1908).

Officially made part of a court’s record. In federal court, a paper not filed electronically is filed by delivering it to the clerk, or to a judge who agrees to accept it and then notes the date and sends it to the clerk (Fed. R. Civ. P. 5(d)(2)). The clerk must not refuse to file a paper solely because it is not in the form required by the rules or a local rule (Fed. R. Civ. P. 5(d)(4)). The filing date matters because deadlines and limitations periods often turn on it. For a prisoner without a lawyer, a notice of appeal is treated as filed when it is delivered to prison officials for mailing (Houston v. Lack, 487 U.S. 266 (1988); see FRAP 4(c)).

A person who is not a member of the armed forces. In everyday use, the word sometimes also distinguishes members of the public from police officers. Whether a law applies to civilians or to military members depends on the statute; for example, the Uniform Code of Military Justice (10 U.S.C. ch. 47) applies to the persons listed in 10 U.S.C. § 802.

A person who has a duty to help the court administer justice, including judges, clerks, bailiffs, court reporters and attorneys. The ABA Model Rules describe a lawyer as “an officer of the legal system” (Preamble, para. 1). Lawyers owe the court duties of candor, such as not knowingly making a false statement of fact or law to a tribunal (Model Rule 3.3).

Has two court meanings. First, a “received” stamp shows the date the clerk took delivery of a paper, which is not always the same as filing it: some papers are received or lodged but not filed, for example a complaint waiting for a fee or a fee-waiver ruling, a proposed order or a document submitted for possible sealing. Practices differ, so check the local rules and the docket to confirm whether and when a paper was filed. Second, at a hearing or trial, an exhibit “received in evidence” has been admitted.

Permission from a government authority to do something that would otherwise be unlawful, such as driving on public roads, practicing law or operating certain businesses. The Supreme Court has upheld state laws requiring motor vehicles to be registered and drivers to be licensed (Hendrick v. Maryland, 235 U.S. 610 (1915)). In property law, a license is a personal, usually revocable permission to enter or use another’s land, and in intellectual property it is permission to use a patent, copyright or trademark.