The reduction, decrease, or complete elimination of something, such as a nuisance, a tax, or a legal proceeding. In estate law, abatement refers to reducing a legacy when there are not enough assets to pay all debts and legacies in full.
Example: If a neighbor's overgrown hedge blocks visibility at a dangerous intersection, a court may order abatement of that nuisance.
A formal judgment by a court or jury that a defendant is not guilty of the criminal charges brought against them. An acquittal bars the government from retrying the defendant on the same charges (double jeopardy protection).
Example: After the jury found the evidence insufficient, the defendant received an acquittal and was free to go.
The formal legal process by which a court hears arguments and evidence from both sides and issues a binding decision. It is the act of making a final judgment or decree in a legal proceeding.
Example: The adjudication of the contract dispute took six months before the judge issued a ruling.
A written statement of facts, voluntarily made and confirmed by oath or affirmation before an authorized official such as a notary public. Affidavits are used as evidence in court proceedings and administrative hearings.
Example: She submitted an affidavit describing exactly what she witnessed the night of the incident.
Latin for "friend of the court." A person or organization not directly involved in a case who submits information or arguments to assist the court in reaching its decision. Common in cases with broad social or legal implications.
Example: A civil liberties organization filed an amicus curiae brief in the constitutional case to present broader implications.
A formal request to a higher court to review and reconsider the decision of a lower court. Appeals typically focus on legal errors made during the original trial rather than re-examining factual questions.
Example: After losing at trial, the defendant filed an appeal arguing that key evidence had been improperly admitted.
A private, out-of-court method for resolving disputes in which a neutral third party (the arbitrator) hears both sides and makes a binding or non-binding decision. Often faster and less expensive than litigation.
Example: The employment contract required all workplace disputes to go through binding arbitration rather than court.
A court proceeding in which a criminal defendant is formally informed of the charges against them and asked to enter a plea of guilty, not guilty, or no contest. Bail may also be set at this stage.
Example: At the arraignment, the defendant pleaded not guilty and the judge set bail at $50,000.
Money or property deposited with the court to secure a defendant's release from custody before trial. If the defendant appears for all required court dates, bail is returned. If they fail to appear, the bail is forfeited.
Example: The judge set bail at $10,000, allowing the defendant to be released while awaiting trial.
A trial in which the judge, rather than a jury, decides both the facts and the law of the case and issues the verdict. Also called a "non-jury trial." Either party may request a bench trial in certain cases.
Example: The defendant waived their right to a jury and elected a bench trial, trusting the judge's expertise.
The legal obligation to produce sufficient evidence to prove a claim or defense. In criminal cases, the prosecution must prove guilt "beyond a reasonable doubt." In civil cases, the standard is usually "preponderance of the evidence" (more likely than not).
Example: Because the prosecution failed to meet its burden of proof, the jury returned a verdict of not guilty.
Latin for "to be informed." A formal order from a higher court (especially the U.S. Supreme Court) directing a lower court to send up the records of a case for review. When the Supreme Court "grants cert," it agrees to hear an appeal.
Example: The attorneys petitioned for certiorari, hoping the Supreme Court would take up the constitutional question.
The body of law governing private disputes between individuals or organizations (as opposed to criminal law). Civil cases typically result in money damages or court orders rather than criminal penalties. Examples include contract disputes, personal injury, and property conflicts.
Example: She filed a civil lawsuit against the contractor for breach of contract after the renovation was never completed.
Law derived from court decisions and judicial precedent rather than from written statutes. Common law evolves over time as judges interpret and apply prior rulings to new situations. Most of the United States and United Kingdom legal systems are rooted in common law.
Example: The concept of negligence developed primarily through common law cases rather than legislative statutes.
Willful disobedience of or disrespect toward a court's authority, orders, or dignity. Can be civil (failing to comply with a court order) or criminal (disrupting court proceedings). Punishment may include fines or imprisonment.
Example: After repeatedly ignoring child support payments, the parent was found in contempt of court and jailed briefly.
Latin for "body of the crime." The principle that a crime must be proven to have occurred before a defendant can be convicted. It refers to the concrete evidence that a crime was actually committed, not merely an accusation.
Example: Without finding a body or physical evidence, prosecutors struggled to establish corpus delicti in the disappearance case.