General (not jurisdiction-specific)

A witness qualified by knowledge, skill, experience, training or education to testify in the form of an opinion or otherwise. Under Federal Rule of Evidence 702, the proponent must show the court it is more likely than not that the expert’s knowledge will help the trier of fact, the testimony rests on sufficient facts or data and reliable methods, and the expert’s opinion reliably applies those methods to the facts of the case.

A document, object or other item offered as evidence or attached to a filing. Exhibits are usually labeled with numbers or letters so they can be identified in the record.

French for “on the bench.” A case heard by all the active judges of a court of appeals rather than by a panel of three. In some large circuits, such as the Ninth Circuit, a smaller en banc court of selected judges hears the case. Federal Rule of Appellate Procedure 40 governs rehearing en banc, which a majority of the active judges must order.

The constitutional guarantee that the government will not deprive a person of life, liberty or property without fair procedures. It appears in the Fifth Amendment for the federal government and the Fourteenth Amendment for the states. At a minimum, it usually requires notice and an opportunity to be heard.

Questioning of a witness by the party who did not call the witness. Under Federal Rule of Evidence 611(b), cross-examination generally should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility.

The first questioning of a witness by the party who called the witness. Leading questions are generally not used on direct examination (Federal Rule of Evidence 611(c)).

Splitting claims or parties into separate cases or separate trials. Federal Rule of Civil Procedure 21 lets the court sever any claim against a party, and Rule 42(b) allows separate trials.

Joining two or more separate cases that involve a common question of law or fact, so they are heard or tried together. Federal Rule of Civil Procedure 42(a) allows it.

Court-related expenses that a winning party may recover from the losing party, such as filing fees and transcript fees. In federal court, 28 U.S.C. § 1920 lists taxable costs. Attorney’s fees are generally not included in costs.

Disobeying a court order or disrupting or disrespecting the court. Civil contempt aims to force compliance or compensate a party. Criminal contempt punishes past misconduct. Federal courts have contempt power under 18 U.S.C. § 401.