General (not jurisdiction-specific)

Concepts that apply broadly; check your own jurisdiction.

  • Probable cause

    A reasonable basis, based on facts and circumstances, to believe that a crime was committed or that evidence will be found in a particular place. The Fourth Amendment requires probable cause for warrants.

  • Prejudice

    Harm to a party’s legal rights. The word also describes whether a dismissal is final: a dismissal with prejudice bars refiling the same claim, while a dismissal without prejudice does not.

  • Certiorari

    A writ by which a higher court agrees to review a lower court’s decision. Review by the U.S. Supreme Court on a writ of certiorari is a matter of judicial discretion, not of right (Supreme Court Rule 10).

  • Waiver

    The voluntary giving up of a known right, claim or privilege. A right can also be lost by failing to raise it on time. For example, under Federal Rule of Civil Procedure 12(h)(1), defenses such as lack of personal jurisdiction, improper venue and insufficient service are waived if a party leaves them out of its first Rule 12 motion or, if it makes no motion, its answer.

  • Vexatious litigant

    A person who repeatedly files lawsuits or motions without a good basis, often to harass. Courts may require such a person to get permission before filing new cases. California defines and regulates vexatious litigants in Code of Civil Procedure § 391 and following.

  • Peremptory challenge

    A party’s right to excuse a prospective juror without stating a reason. In federal civil cases, each party is entitled to three peremptory challenges under 28 U.S.C. § 1870. Peremptory challenges may not be used to exclude jurors because of race or sex.

  • Voir dire

    The process of questioning prospective jurors to select a jury. Under Federal Rule of Civil Procedure 47(a), the court may let the parties or their lawyers examine prospective jurors or may examine them itself.

  • Tort

    A civil wrong, other than a breach of contract, that causes harm and for which the law allows a lawsuit for damages. Negligence, defamation and trespass are examples.

  • Supersedeas bond

    A bond posted by a party appealing a money judgment to stay enforcement of the judgment while the appeal is pending. Under Federal Rule of Civil Procedure 62(b), a party may obtain a stay by providing a bond or other security.