General (not jurisdiction-specific)

Latin for “from one side.” An action, application or communication by or for one party without the other party present or notified. Courts allow ex parte proceedings only in limited situations, such as some temporary restraining orders under Fed. R. Civ. P. 65(b)(1). Judicial ethics rules generally bar judges from ex parte communications about a pending case (Code of Conduct for United States Judges, Canon 3(A)(4)). In case names, “Ex parte” introduces an application made by one party, as in Ex parte Young, 209 U.S. 123 (1908).

Describes a duty that an official must perform in a set way, without using judgment or discretion, once the required conditions are met. For example, when a party’s default is shown by affidavit or otherwise, the clerk must enter it (Fed. R. Civ. P. 55(a)). A ministerial act is contrasted with a discretionary act. Courts can sometimes order an official to perform a ministerial duty through mandamus (see 28 U.S.C. § 1361 for federal officers).

A public official with authority to preside over a court, decide questions of law and, in a bench trial, decide the facts. Federal judges under Article III are nominated by the President, confirmed by the Senate and hold office during good behavior (U.S. Const. art. II, § 2; art. III, § 1). Federal magistrate judges and bankruptcy judges serve fixed terms (28 U.S.C. §§ 631, 152). State judges are elected or appointed as each state’s constitution and laws provide.

In many state court systems, a judicial officer appointed by the court, rather than elected, who hears assigned types of matters such as small claims, traffic, family support or certain motions. A commissioner’s powers are set by state law and court rules; in some states a commissioner may act as a temporary judge only with the parties’ agreement (for example, Cal. Const. art. VI, § 21). The word also names elected or appointed officials of a county or agency, which is a different role.

A person licensed to practice law, also called an attorney at law. In everyday U.S. usage, “attorney” and “lawyer” mean the same thing. An attorney-in-fact is different: a person authorized to act for another under a power of attorney, who does not need to be a lawyer.

To agree to become the tenant of a new owner or landlord, or to acknowledge a new owner’s rights. For example, a commercial lease may require the tenant to attorn to a purchaser of the property after a foreclosure sale; these clauses often appear in subordination, non-disturbance and attornment agreements. The noun is attornment.

A person who is not licensed to practice law. A non-lawyer may represent himself or herself in court; in federal court, parties may plead and conduct their own cases personally (28 U.S.C. § 1654). A non-lawyer generally may not represent another person, and a corporation may appear in federal court only through licensed counsel (Rowland v. California Men’s Colony, 506 U.S. 194 (1993)). Some states license certain non-lawyer legal professionals to provide limited services, such as Utah’s licensed paralegal practitioners and Arizona’s legal paraprofessionals.

A person trained in the law and licensed by a state’s highest court or bar to practice law. In U.S. usage, “lawyer” and “attorney” mean the same thing. Lawyers’ conduct is governed by each state’s rules of professional conduct, most of which are based on the American Bar Association’s Model Rules of Professional Conduct.

A self-propelled passenger vehicle designed for travel on roads. In law, an automobile is one kind of motor vehicle. Most statutes use the broader term “motor vehicle” and define it for their own purposes, so read the definition section of the law you are applying.

A formal statement opposing a question, an item of evidence, a discovery request or a ruling, together with the reason. At trial, a party preserves a claim of error about admitted evidence by making a timely objection or motion to strike on the record and stating the specific ground, unless it is apparent from the context (Fed. R. Evid. 103(a)(1)). Discovery responses must state objections with specificity (Fed. R. Civ. P. 33(b)(4), 34(b)(2)(B)–(C)).