General (not jurisdiction-specific)

The standard of proof in criminal cases. The prosecution must prove every element of the crime to this level, which the Supreme Court held the Due Process Clause requires in In re Winship, 397 U.S. 358 (1970).

A standard of proof that is higher than a preponderance of the evidence but lower than proof beyond a reasonable doubt. In other words, the evidence must make the fact highly probable. For example, many states use this standard for fraud claims, and courts also apply it in civil contempt.

A demand for relief based on a legal right. In a lawsuit, a claim is a statement of the facts and legal basis on which a party seeks relief. Under Federal Rule of Civil Procedure 8(a), a pleading that states a claim must contain a short and plain statement of the claim showing that the pleader is entitled to relief.

A set of facts that gives a person the right to sue and seek relief from a court, such as breach of contract or negligence. A complaint states one or more causes of action.

A trial in which the judge, not a jury, decides the facts. In a federal bench trial, Rule 52(a) requires the court to find the facts specially and state its conclusions of law separately.

The person who makes and signs an affidavit, swearing or affirming that its contents are true.

Latin for “friend of the court.” A person or organization that is not a party but files a brief to offer information or arguments to the court. Federal Rule of Appellate Procedure 29 governs amicus briefs in the federal courts of appeals.

A mistake in the trial court serious enough to affect the outcome or a party’s substantial rights, so an appellate court may reverse or vacate the decision.

A mistake in the trial court that did not affect a party’s substantial rights, so it is not a reason to reverse. Federal Rule of Civil Procedure 61 directs courts to disregard all errors and defects that do not affect any party’s substantial rights.

The standard for reviewing a trial judge’s findings of fact. Under Federal Rule of Civil Procedure 52(a)(6), findings of fact must not be set aside unless clearly erroneous, with due regard for the trial court’s opportunity to judge the witnesses’ credibility.