General (not jurisdiction-specific)

Latin for “anew.” Under de novo review, an appellate court decides a question fresh, without deferring to the lower court’s answer. Questions of law are usually reviewed de novo.

A standard of review under which an appellate court reverses a trial court’s discretionary decision only if it was clearly unreasonable, rested on a legal error, or relied on clearly wrong findings. Many rulings on evidence, discovery and case management are reviewed for abuse of discretion.

Removal of a judge, lawyer or other person from taking part in a case. For federal judges, 28 U.S.C. § 455 lists the grounds for disqualification. Lawyers can be disqualified for conflicts of interest under the applicable rules of professional conduct.

To step aside from hearing a case. A judge recuses when there is a conflict of interest or other reason the judge should not decide the matter. A party asks a judge to recuse by filing a motion for recusal.

A judge’s withdrawal from a case because of a conflict of interest or because the judge’s impartiality might reasonably be questioned. In federal court, 28 U.S.C. § 455 sets out when a judge must step aside, and a party can ask for it by motion.

A Latin word meaning of law or of right. It appears in legal phrases such as sui juris (of one’s own right, legally able to act for oneself), Juris Doctor (the law degree) and jurisdiction.

Lacking the legal or mental ability to do something. A defendant is incompetent to stand trial when they lack a sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding, or a rational and factual understanding of the proceedings (Dusky v. United States, 362 U.S. 402 (1960)). A court may also find an adult incompetent and appoint a guardian or conservator. Evidence can be called incompetent when the rules do not allow it.

Legally required to follow or perform something. Parties to a valid contract are bound by its terms, and parties to a final judgment are generally bound by it. A lower court is bound by the decisions of the courts above it. In criminal cases, a defendant is bound over when a judge sends the case to a higher court or a grand jury after a preliminary hearing.

The legal power to act or decide, such as a court’s authority to hear a case or an agent’s authority to bind a principal. The word also means a legal source a court relies on, such as a statute, rule or prior decision.

A government body with authority to decide legal disputes and administer justice, or the judge or judges who sit in it. Courts are organized by level, such as trial courts, intermediate appellate courts and a highest court, and by jurisdiction, such as federal or state.