To void, cancel, or invalidate a legal proceeding, order, or document. A court may quash a subpoena if it is improperly issued, overly burdensome, or legally deficient. Similarly, an indictment may be quashed if based on insufficient evidence or procedural error.
Example: The attorney filed a motion to quash the subpoena, arguing that the documents requested were protected by attorney-client privilege.
Latin for "who as well." A provision of the False Claims Act allowing private individuals (called "relators") to sue on behalf of the government for fraud against the government. The relator may receive a portion of any recovery as a reward for bringing the fraud to light.
Example: The whistleblower filed a qui tam lawsuit alleging the defense contractor had billed the government for services never rendered.
To disqualify or remove a judge, juror, or other official from a proceeding due to a conflict of interest, bias, or personal relationship with one of the parties. A judge may recuse themselves voluntarily or be compelled to do so by motion from the parties.
Example: The judge recused herself from the case after it emerged that she had a prior business relationship with one of the defendants.
The means by which a court enforces a right or compensates for a wrong. Legal remedies typically involve money damages; equitable remedies include injunctions, specific performance, and rescission. The choice of remedy depends on the nature of the harm and what would make the injured party whole.
Example: Because the property was unique, the court ordered specific performance as the appropriate remedy rather than money damages.
Compensation ordered by a court to restore the victim to their original position by requiring the wrongdoer to pay back what was taken or destroyed. In criminal cases, restitution may be ordered as part of a sentence in addition to, or instead of, incarceration.
Example: As part of his sentence, the embezzler was ordered to pay full restitution of $240,000 to his former employer.
A penalty or disciplinary measure imposed by a court against a party or attorney for improper conduct, such as filing frivolous claims, failing to comply with court orders, or committing discovery abuses. Sanctions may include fines, dismissal of claims, or other consequences.
Example: The court imposed sanctions on the law firm for repeatedly submitting documents after established deadlines.
A written law enacted by a legislative body (such as Congress or a state legislature). Statutes are the primary source of positive law and are codified in legal codes. They differ from case law (judge-made law) and administrative regulations.
Example: The criminal statute clearly stated that the offense carried a maximum penalty of five years imprisonment.
A law setting the maximum time period after an event within which legal proceedings may be initiated. Once the deadline passes, the claim is generally barred forever. The time limit varies by jurisdiction and type of claim (e.g., two years for personal injury, six years for contracts).
Example: The victim waited too long to file, and the court dismissed the claim because the statute of limitations had expired.
A legal order compelling a person to appear in court, give a deposition, or produce specified documents or evidence. A subpoena ad testificandum requires testimony; a subpoena duces tecum requires production of documents. Failure to comply can result in contempt of court.
Example: The bank received a subpoena requiring it to produce five years of the defendant's financial records.
A court ruling granted before trial when there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. It is a way to resolve cases or claims without a full trial when the facts are clear and uncontested.
Example: The judge granted summary judgment for the defendant because the plaintiff had no evidence to support any of the key elements of her claim.
A formal statement made by a witness under oath, either in court during a trial or in a deposition before trial. Testimony is a primary form of evidence used in legal proceedings. Giving false testimony under oath constitutes perjury.
Example: The eyewitness's testimony placed the defendant at the scene of the crime on the night in question.
A civil wrongdoing (as opposed to a crime) that causes harm to another person, creating legal liability. Torts are generally categorized as intentional (assault, fraud), negligent (car accidents, slip-and-fall), or strict liability (product liability). The remedy is typically monetary damages.
Example: Running a red light and hitting a pedestrian is a tort; the injured pedestrian may sue for compensation in civil court.
The geographic location where a lawsuit is filed and tried. Proper venue is usually in the county or district where the events occurred, where the defendant resides, or where the plaintiff resides. A motion to change venue can be filed if the current location is inconvenient or prejudicial.
Example: Due to extensive local media coverage, the defense attorney successfully moved to change venue to a neighboring county for a fairer trial.
The formal decision or finding reached by a jury (or a judge in a bench trial) at the end of a trial. In criminal cases, the verdict is guilty or not guilty. In civil cases, the jury or judge decides for the plaintiff or defendant and may determine the amount of damages.
Example: After six hours of deliberation, the jury delivered a verdict in favor of the plaintiff and awarded $1.2 million in damages.
The voluntary and intentional surrender or relinquishment of a known right. A waiver can be express (written or oral) or implied by conduct. Courts generally require that waivers be knowing and voluntary. Waivers are common in contracts, litigation, and constitutional rights contexts.
Example: By signing the liability waiver before the activity, participants acknowledged and accepted the inherent risks involved.
A person who has direct knowledge of relevant facts and testifies under oath in a legal proceeding. An eyewitness observed the events firsthand; an expert witness offers specialized knowledge to help the court understand technical matters. Witnesses may be subpoenaed to compel their appearance.
Example: Three eyewitnesses testified that the light was red when the defendant's vehicle entered the intersection.
A formal written order issued by a court commanding a person or authority to perform or refrain from performing a specific act. Well-known writs include habeas corpus (challenging unlawful detention), mandamus (ordering an official to perform a duty), and certiorari (ordering a lower court to send records for review).
Example: The prisoner filed for a writ of habeas corpus, claiming his continued detention was unconstitutional.