Archives: Glossary

A court order requiring a party to do or stop doing something.

Harm that money damages cannot adequately fix after the fact. For example, courts often treat the loss of a unique property, a business’s goodwill or a constitutional right as irreparable. As a result, a party asking for a temporary restraining order or preliminary injunction usually must show that it will likely suffer irreparable harm without one.

The particular court location — district or division — where a case is heard.

Moving a case from state court to federal court under the federal removal statutes.

A defense that defeats or reduces a claim even if the plaintiff’s allegations are true, such as the statute of limitations.

A law setting the deadline for starting a lawsuit. Limitations periods vary by claim and jurisdiction.

A formal change or addition to a legal document. A constitutional amendment changes a constitution; under Article V, an amendment to the U.S. Constitution must be proposed by Congress or a convention and ratified by three-fourths of the states. A statute can also be amended by later legislation. In a lawsuit, an amendment is a change to a pleading after it has been filed (Federal Rule of Civil Procedure 15).

The court’s permission to take a step that the rules do not allow as of right.

The pretrial process in which parties obtain information and evidence from each other and from nonparties.

Basic information each party must provide early in a federal case without waiting for a discovery request.