Archives: Glossary

The obligation to prove a fact or claim to the required standard.

The usual standard of proof in civil cases: the fact is more likely true than not.

The decision of a jury on the questions submitted to it. A jury may return a general verdict, a special verdict answering specific questions of fact (Fed. R. Civ. P. 49(a)), or a general verdict with answers to written questions (Fed. R. Civ. P. 49(b)). In federal civil cases, unless the parties stipulate otherwise, the verdict must be unanimous (Fed. R. Civ. P. 48(b)). In a criminal case, the Sixth Amendment requires a unanimous verdict to convict of a serious offense (Ramos v. Louisiana, 590 U.S. 83 (2020)).

The court’s final decision determining the rights of the parties.

A judgment that ends the litigation on the merits and leaves nothing for the court to do but execute it. Most appeals can be taken only from final judgments.

A written direction or ruling by the court.

To cancel or set aside a judgment or order.

A judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.

A standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.

A legally sufficient reason. Many rules require a showing of good cause before the court will grant a request.