Legal Memoranda And Briefs
Expert-defined terms from the Legal Writing Fundamentals course at HealthCareCourses (An LSIB brand). Free to read, free to share, paired with a professional course.
Abridged Record #
An abbreviated version of the record on appeal, containing only the portions of the record that are relevant to the issues on appeal. Related terms: Record on appeal, appellate brief. An abridged record is used to focus the court's attention on the key parts of the record, and to avoid overwhelming the court with unnecessary information.
Abstract of Title #
A summary of the ownership history of a piece of property, including all conveyances, transfers, and other transactions that have affected the title to the property. Related terms: Title report, chain of title. An abstract of title is used to provide a concise overview of the ownership history of a property, and to identify any potential issues or defects in the title.
Acceptance #
The agreement by a party to the terms of a contract or offer. Related terms: Offer, consideration, contract. Acceptance is an essential element of a contract, and must be clearly and unequivocally expressed by the party accepting the offer.
Acknowledgment #
A statement by a party that they have received and understood a document or communication, such as a complaint or summons. Related terms: Receipt, service of process. An acknowledgment is often used to verify that a party has received a document, and to confirm their understanding of its contents.
Action #
A lawsuit or proceeding brought by a party to enforce a right or claim. Related terms: Case, lawsuit, complaint. An action is the formal process by which a party seeks to enforce their rights or claims against another party.
Addendum #
A supplement or addition to a document, such as a contract or brief. Related terms: Amendment, supplement. An addendum is used to provide additional information or clarification to a document, and to avoid having to rewrite the entire document.
Administrative Regulation #
A rule or regulation promulgated by a government agency, such as a federal or state agency. Related terms: Statute, common law. Administrative regulations have the force of law, and are used to implement and enforce statutes and other laws.
Admission #
A statement or acknowledgment by a party that a fact or statement is true. Related terms: Confession, stipulation. An admission can be used as evidence in a case, and can be binding on the party making the admission.
Advisory Opinion #
A non-binding opinion or advice provided by a court or other authority, such as an attorney general. Related terms: Binding opinion, precedent. An advisory opinion is not a final or binding decision, but rather a guidance or recommendation on a particular issue or question.
Affidavit #
A sworn statement or declaration made by a party or witness, used as evidence in a case. Related terms: Deposition, testimony. An affidavit is a written statement that is sworn to be true, and can be used to provide evidence or testimony in a case.
Affirmative Defense #
A defense or response to a claim or complaint, in which the defendant raises a new issue or claim that defeats the plaintiff's claim. Related terms: Negative defense, counterclaim. An affirmative defense is a defense that is raised by the defendant, and can be used to defeat the plaintiff's claim.
Aggregate #
A collection or group of things, such as damages or claims. Related terms: Collective, cumulative. An aggregate is a group or collection of things that are considered together, and can be used to calculate damages or other amounts.
Allegation #
A statement or claim made by a party in a complaint or other document, which must be proven to be true. Related terms: Claim, complaint. An allegation is a statement or claim made by a party, which must be supported by evidence and proven to be true.
Alternative Dispute Resolution #
A process or method of resolving disputes, such as mediation or arbitration, that is an alternative to litigation. Related terms: Mediation, arbitration, negotiation. Alternative dispute resolution is a process or method of resolving disputes that is less formal and less adversarial than litigation.
Amendment #
A change or revision to a document, such as a contract or statute. Related terms: Revision, modification. An amendment is a change or revision to a document, and can be used to update or modify the document.
Amicus Curiae #
A friend or advisor to the court, who provides information or guidance on a particular issue or case. Related terms: Brief, argument. An amicus curiae is a person or organization that provides information or guidance to the court on a particular issue or case.
Answer #
A response or reply to a complaint or other document, in which the defendant responds to the allegations and claims made by the plaintiff. Related terms: Complaint, reply. An answer is a response to a complaint or other document, and must be filed by the defendant in a timely manner.
Appeal #
A request or petition to a higher court to review and reverse a decision made by a lower court. Related terms: Appeal brief, appellate court. An appeal is a request to a higher court to review and reverse a decision made by a lower court, and must be filed in a timely manner.
Appellant #
The party or person who files an appeal, and seeks to have a decision reversed or modified. Related terms: Appellee, appeal. An appellant is the party who files an appeal, and seeks to have a decision reversed or modified.
Appellate Court #
A higher or reviewing court that hears appeals from lower courts, and reviews and reverses decisions made by those courts. Related terms: Appeal, review. An appellate court is a higher or reviewing court that hears appeals from lower courts, and reviews and reverses decisions made by those courts.
Appellee #
The party or person who opposes an appeal, and seeks to have a decision affirmed or upheld. Related terms: Appellant, appeal. An appellee is the party who opposes an appeal, and seeks to have a decision affirmed or upheld.
Argument #
A presentation or statement made by a party or attorney, in which they present their case or position to the court. Related terms: Brief, oral argument. An argument is a presentation or statement made by a party or attorney, in which they present their case or position to the court.
Authority #
A source or reference that is cited or relied upon to support a argument or position, such as a statute or case. Related terms: Precedent, citation. An authority is a source or reference that is cited or relied upon to support an argument or position.
Bench Memorandum #
A document or brief prepared by a court or judge, which summarizes the key issues and arguments in a case. Related terms: Court opinion, judgment. A bench memorandum is a document or brief prepared by a court or judge, which summarizes the key issues and arguments in a case.
Binding Authority #
A source or reference that is binding or controlling on a court or party, such as a statute or Supreme Court decision. Related terms: Precedent, authority. A binding authority is a source or reference that is binding or controlling on a court or party.
Binding Precedent #
A decision or ruling made by a court that is binding or controlling on a lower court or party. A binding precedent is a decision or ruling made by a court that is binding or controlling on a lower court or party.
Brief #
A document or written argument prepared by a party or attorney, which presents their case or position to the court. Related terms: Argument, memorandum. A brief is a document or written argument prepared by a party or attorney, which presents their case or position to the court.
Case Law #
The body or collection of decisions and rulings made by courts, which are used to interpret and apply statutes and other laws. Related terms: Common law, precedent. Case law is the body or collection of decisions and rulings made by courts, which are used to interpret and apply statutes and other laws.
Cause of Action #
A claim or right that a party has to bring a lawsuit or action against another party. Related terms: Complaint, lawsuit. A cause of action is a claim or right that a party has to bring a lawsuit or action against another party.
Certiorari #
A writ or order issued by a higher court to a lower court, which requires the lower court to send up the record of a case for review. A certiorari is a writ or order issued by a higher court to a lower court, which requires the lower court to send up the record of a case for review.
Chain of Title #
A record or history of the ownership of a piece of property, which shows the sequence of conveyances and transfers of the property. Related terms: Abstract of title, title report. A chain of title is a record or history of the ownership of a piece of property, which shows the sequence of conveyances and transfers of the property.
Claim #
A statement or assertion made by a party that they have a right or entitlement to something, such as damages or relief. A claim is a statement or assertion made by a party that they have a right or entitlement to something.
Class Action #
A lawsuit or action brought by a group of parties who have a common interest or claim, such as a class of consumers or shareholders. Related terms: Representative action, collective action. A class action is a lawsuit or action brought by a group of parties who have a common interest or claim.
Code #
A collection or compilation of laws or regulations, such as a state or federal code. Related terms: Statute, regulation. A code is a collection or compilation of laws or regulations, and is used to organize and make accessible the laws and regulations of a particular jurisdiction.
Common Law #
The body or collection of laws and principles that are derived from custom, tradition, and court decisions, rather than from statutes or other written laws. Related terms: Case law, precedent. Common law is the body or collection of laws and principles that are derived from custom, tradition, and court decisions.
Complaint #
A document or written statement filed by a party, which sets out the claims and allegations against another party. Related terms: Lawsuit, claim. A complaint is a document or written statement filed by a party, which sets out the claims and allegations against another party.
Concise Statement #
A brief or summary statement of the key issues and arguments in a case, which is used to introduce and frame the argument. Related terms: Introduction, summary. A concise statement is a brief or summary statement of the key issues and arguments in a case.
Conclusion #
A summary or restatement of the main points and arguments made in a brief or document, which is used to reinforce and emphasize the key points. Related terms: Summary, recapitulation. A conclusion is a summary or restatement of the main points and arguments made in a brief or document.
Consideration #
A bargain or exchange of something of value, such as money or services, which is a necessary element of a contract. Related terms: Contract, agreement. Consideration is a bargain or exchange of something of value, and is a necessary element of a contract.
Contract #
A binding or enforceable agreement between two or more parties, which is based on a bargain or exchange of something of value. Related terms: Agreement, consideration. A contract is a binding or enforceable agreement between two or more parties, and is based on a bargain or exchange of something of value.
Counterclaim #
A claim or counter-assertion made by a defendant against a plaintiff, which seeks to defeat or offset the plaintiff's claim. Related terms: Affirmative defense, setoff. A counterclaim is a claim or counter-assertion made by a defendant against a plaintiff, which seeks to defeat or offset the plaintiff's claim.
Court Opinion #
A written or published decision or ruling made by a court, which sets out the court's reasoning and analysis. Related terms: Judgment, decision. A court opinion is a written or published decision or ruling made by a court, which sets out the court's reasoning and analysis.
Damages #
A monetary or financial award or compensation that is given to a party who has suffered a loss or injury, such as in a lawsuit or claim. Related terms: Compensation, relief. Damages is a monetary or financial award or compensation that is given to a party who has suffered a loss or injury.
Declaratory Judgment #
A judgment or declaration made by a court, which declares the rights or obligations of a party, but does not provide for damages or other relief. Related terms: Judgment, declaration. A declaratory judgment is a judgment or declaration made by a court, which declares the rights or obligations of a party, but does not provide for damages or other relief.
Default #
A failure or omission by a party to take an action or respond to a complaint or summons, which can result in a judgment or other adverse consequence. Related terms: Default judgment, failure to appear. A default is a failure or omission by a party to take an action or respond to a complaint or summons.
Default Judgment #
A judgment or decision made by a court against a party who has failed to respond or appear, which can result in a default or other adverse consequence. Related terms: Default, failure to appear. A default judgment is a judgment or decision made by a court against a party who has failed to respond or appear.
Defendant #
A party or person who is being sued or accused in a lawsuit or action, and who must respond to the claims and allegations made by the plaintiff. Related terms: Plaintiff, lawsuit. A defendant is a party or person who is being sued or accused in a lawsuit or action.
Demurrer #
A response or objection made by a defendant to a complaint or other document, which challenges the sufficiency or validity of the complaint. Related terms: Motion to dismiss, objection. A demurrer is a response or objection made by a defendant to a complaint or other document, which challenges the sufficiency or validity of the complaint.
Deposition #
A sworn or testimony statement made by a witness or party, which is used as evidence in a case. Related terms: Testimony, affidavit. A deposition is a sworn or testimony statement made by a witness or party, which is used as evidence in a case.
Discovery #
The process or procedure by which parties to a lawsuit or action exchange information and evidence, such as through interrogatories or requests for production. Related terms: Interrogatories, requests for production. Discovery is the process or procedure by which parties to a lawsuit or action exchange information and evidence.
Dispositive Motion #
A motion or request made by a party to a court, which seeks to dispose of or resolve a case or issue, such as through a motion to dismiss or summary judgment. Related terms: Motion to dismiss, summary judgment. A dispositive motion is a motion or request made by a party to a court, which seeks to dispose of or resolve a case or issue.
Docket #
A record or calendar of the proceedings and events in a case, which is maintained by the court or clerk. Related terms: Calendar, schedule. A docket is a record or calendar of the proceedings and events in a case, which is maintained by the court or clerk.
En Banc #
A hearing or review of a case by the full court or panel of judges, rather than a smaller panel or individual judge. Related terms: Panel, review. An en banc hearing or review is a hearing or review of a case by the full court or panel of judges, rather than a smaller panel or individual judge.
Enforceable #
A contract or agreement that is binding and enforceable by law, and can be compelled or enforced through legal action. An enforceable contract or agreement is a contract or agreement that is binding and enforceable by law, and can be compelled or enforced through legal action.
Evidence #
A fact or information that is presented or used to support a claim or argument, such as testimony, documents, or physical evidence. Related terms: Testimony, exhibit. Evidence is a fact or information that is presented or used to support a claim or argument.
Exhibit #
A document or object that is presented or used as evidence in a case, such as a contract, photograph, or physical object. Related terms: Evidence, testimony. An exhibit is a document or object that is presented or used as evidence in a case.
Ex Parte #
A hearing or proceeding that is held without the presence or participation of the opposing party, such as an ex parte application or motion. Related terms: In camera, sealed. An ex parte hearing or proceeding is a hearing or proceeding that is held without the presence or participation of the opposing party.
File #
To submit or deposit a document or paper with the court or clerk, such as a complaint or brief. Related terms: Submit, deposit. To file a document or paper means to submit or deposit it with the court or clerk.
Finding #
A conclusion or determination made by a court or judge, based on the evidence and arguments presented in a case. Related terms: Conclusion, determination. A finding is a conclusion or determination made by a court or judge, based on the evidence and arguments presented in a case.
Hearing #
A proceeding or session in which evidence and arguments are presented to a court or judge, such as a trial or motion hearing. Related terms: Trial, motion hearing. A hearing is a proceeding or session in which evidence and arguments are presented to a court or judge.
In Camera #
A hearing or proceeding that is held in private or in chambers, rather than in open court. Related terms: Ex parte, sealed. An in camera hearing or proceeding is a hearing or proceeding that is held in private or in chambers.
Injunction #
A court or judicial order that requires a party to do or refrain from doing something, such as an order to stop a particular activity or to take a certain action. Related terms: Order, decree. An injunction is a court or judicial order that requires a party to do or refrain from doing something.
Interlocutory #
A decision or ruling made by a court that is not final or appealable, but rather is a preliminary or intermediate decision. Related terms: Final judgment, appeal. An interlocutory decision or ruling is a decision or ruling made by a court that is not final or appealable.
Interrogatories #
A set or series of questions that are propounded or asked by a party to another party, in order to obtain information or evidence. Related terms: Discovery, deposition. Interrogatories are a set or series of questions that are propounded or asked by a party to another party, in order to obtain information or evidence.
Judgment #
A final or decisive decision or ruling made by a court, which resolves a case or issue and determines the rights and obligations of the parties. Related terms: Decision, order. A judgment is a final or decisive decision or ruling made by a court, which resolves a case or issue and determines the rights and obligations of the parties.
Jurisdiction #
The power or authority of a court to hear and decide a case or issue, which is determined by the court's geographic or subject matter jurisdiction. Related terms: Venue, authority. Jurisdiction is the power or authority of a court to hear and decide a case or issue.
Law #
A rule or regulation that is established or enacted by a government or other authority, such as a statute or common law principle. A law is a rule or regulation that is established or enacted by a government or other authority.
Litigation #
A lawsuit or action that is brought by a party to enforce a right or claim, and which is resolved through the court system. Related terms: Lawsuit, action. Litigation is a lawsuit or action that is brought by a party to enforce a right or claim, and which is resolved through the court system.
Mandate #
A judicial or court order that requires a party or government to take a certain action or to comply with a particular rule or regulation. A mandate is a judicial or court order that requires a party or government to take a certain action or to comply with a particular rule or regulation.
Memorandum #
A document or written statement that is prepared by a party or attorney, which sets out the key issues and arguments in a case. A memorandum is a document or written statement that is prepared by a party or attorney, which sets out the key issues and arguments in a case.
Moot #
A case or issue that is no longer relevant or live, because the parties have settled or the issue has been resolved. Related terms: Settled, resolved. A moot case or issue is a case or issue that is no longer relevant or live.
Motion #
A request or application made by a party to a court, which seeks to obtain a particular ruling or order, such as a motion to dismiss or motion for summary judgment. Related terms: Request, application. A motion is a request or application made by a party to a court, which seeks to obtain a particular ruling or order.
Notice #
A communication or notification that is given to a party or person, which informs them of a particular fact or circumstance, such as a notice of appeal or notice of hearing. Related terms: Communication, notification. A notice is a communication or notification that is given to a party or person, which informs them of a particular fact or circumstance.
Objection #
A statement or assertion made by a party that a particular evidence or argument is not admissible or is irrelevant, which is made to challenge or dispute the evidence or argument. Related terms: Challenge, dispute. An objection is a statement or assertion made by a party that a particular evidence or argument is not admissible or is irrelevant.
Opinion #
A written or published decision or ruling made by a court or judge, which sets out the court's reasoning and analysis. Related terms: Decision, judgment. An opinion is a written or published decision or ruling made by a court or judge, which sets out the court's reasoning and analysis.
Oral Argument #
A presentation or statement made by a party or attorney, in which they present their case or position to the court, and respond to questions from the court. Related terms: Argument, presentation. An oral argument is a presentation or statement made by a party or attorney, in which they present their case or position to the court, and respond to questions from the court.
Order #
A judicial or court directive that requires a party or government to take a certain action or to comply with a particular rule or regulation. Related terms: Decree, mandate. An order is a judicial or court directive that requires a party or government to take a certain action or to comply with a particular rule or regulation.
Party #
A person or entity that is involved in a lawsuit or action, and who has a particular interest or stake in the outcome of the case. Related terms: Plaintiff, defendant. A party is a person or entity that is involved in a lawsuit or action, and who has a particular interest or stake in the outcome of the case.
Petition #
A request or application made by a party to a court, which seeks to obtain a particular ruling or order, such as a petition for review or petition for appeal. A petition is a request or application made by a party to a court, which seeks to obtain a particular ruling or order.
Plaintiff #
A party or person who brings a lawsuit or action against another party, and who seeks to enforce a right or claim. Related terms: Defendant, lawsuit. A plaintiff is a party or person who brings a lawsuit or action against another party, and who seeks to enforce a right or claim.
Pleadings #
A set or series of documents that are filed by the parties in a lawsuit or action, which set out the claims and allegations made by each party. Related terms: Complaint, answer. Pleadings are a set or series of documents that are filed by the parties in a lawsuit or action, which set out the claims and allegations made by each party.
Precedent #
A prior or earlier decision or ruling made by a court, which is used as a guide or authority for deciding similar cases or issues. Related terms: Authority, case law. A precedent is a prior or earlier decision or ruling made by a court, which is used as a guide or authority for deciding similar cases or issues.
Procedure #
A set or series of steps or actions that are taken by the parties and the court in a lawsuit or action, which are governed by rules and statutes. Related terms: Rules, statutes. A procedure is a set or series of steps or actions that are taken by the parties and the court in a lawsuit or action, which are governed by rules and statutes.
Process #
A set or series of steps or actions that are taken by the parties and the court in a lawsuit or action, which are governed by rules and statutes. Related terms: Procedure, rules. A process is a set or series of steps or actions that are taken by the parties and the court in a lawsuit or action, which are governed by rules and statutes.
Record #
A collection or compilation of documents and evidence that are filed or presented in a lawsuit or action, which provides a complete and accurate account of the case. Related terms: Transcript, dossier. A record is a collection or compilation of documents and evidence that are filed or presented in a lawsuit or action, which provides a complete and accurate account of the case.
Record on Appeal #
A copy or transcript of the record that is filed with the appellate court, which includes all of the documents and evidence that were presented in the lower court. Related terms: Appeal, transcript. A record on appeal is a copy or transcript of the record that is filed with the appellate court, which includes all of the documents and evidence that were presented in the lower court.
Reply #
A response or answer made by a party to a document or argument, which responds to the claims and allegations made by the other party. Related terms: Response, answer. A reply is a response or answer made by a party to a document or argument, which responds to the claims and allegations made by the other party.
Request #
A petition or application made by a party to a court, which seeks to obtain a particular ruling or order. Related terms: Petition, application. A request is a petition or application made by a party to a court, which seeks to obtain a particular ruling or order.
Response #
A reply or answer made by a party to a document or argument, which responds to the claims and allegations made by the other party. Related terms: Reply, answer. A response is a reply or answer made by a party to a document or argument, which responds to the claims and allegations made by the other party.
Restatement #
A summary or restatement of the main points and arguments made in a brief or document, which is used to reinforce and emphasize the key points. Related terms: Summary, conclusion. A restatement is a summary or restatement of the main points and arguments made in a brief or document, which is used to reinforce and emphasize the key points.
Review #
A process or procedure by which a higher court reviews and considers the decision or ruling made by a lower court, in order to determine whether it was correct or erroneous. Related terms: Appeal, certiorari. A review is a process or procedure by which a higher court reviews and considers the decision or ruling made by a lower court, in order to determine whether it was correct or erroneous.
Rule #
A regulation or guideline that is established or enacted by a court or government, which governs the procedure or conduct of a particular activity or proceeding. Related terms: Regulation, guideline. A rule is a regulation or guideline that is established or enacted by a court or government, which governs the procedure or conduct of a particular activity or proceeding.
Service #
The process or procedure by which a document or paper is delivered or given to a party or person, such as a complaint or summons. Related terms: Delivery, notice. Service is the process or procedure by which a document or paper is delivered or given to a party or person.
Setoff #
A claim or counter-assertion made by a defendant against a plaintiff, which seeks to offset or reduce the amount of damages or relief that the plaintiff is seeking. Related terms: Counterclaim, affirmative defense. A setoff is a claim or counter-assertion made by a defendant against a plaintiff, which seeks to offset or reduce the amount of damages or relief that the plaintiff is seeking.
Statute #
A law or regulation that is enacted by a government or legislature, which governs a particular activity or conduct. Related terms: Law, regulation. A statute is a law or regulation that is enacted by a government or legislature, which governs a particular activity or conduct.
Stipulation #
A agreement or stipulation made by the parties to a lawsuit or action, which resolves a particular issue or dispute, and is often used to avoid or settle a case. Related terms: Agreement, settlement. A stipulation is an agreement or stipulation made by the parties to a lawsuit or action, which resolves a particular issue or dispute.
Subpoena #
A document or order that is issued by a court or other authority, which requires a party or person to appear or produce documents or evidence. Related terms: Summons, warrant. A subpoena is a document or order that is issued by a court or other authority, which requires a party or person to appear or produce documents or evidence.
Summary #
A brief or concise statement of the main points and arguments made in a brief or document, which is used to introduce and frame the argument. Related terms: Introduction, conclusion. A summary is a brief or concise statement of the main points and arguments made in a brief or document, which is used to introduce and frame the argument.
Summons #
A document or order that is issued by a court or other authority, which requires a party or person to appear in court or respond to a complaint or claim. Related terms: Subpoena, warrant. A summons is a document or order that is issued by a court or other authority, which requires a party or person to appear in court or respond to a complaint or claim.
Testimony #
A statement or evidence that is given by a witness or party, which is used to support or prove a particular fact or claim. Related terms: Evidence, witness. Testimony is a statement or evidence that is given by a witness or party, which is used to support or prove a particular fact or claim.
Title #
A document or instrument that shows or establishes the ownership or interest of a party in a particular property or asset. Related terms: Deed, certificate. A title is a document or instrument that shows or establishes the ownership or interest of a party in a particular property or asset.
Transcript #
A copy or record of the proceedings or testimony in a case, which is often used as evidence or to support an appeal. Related terms: Record, evidence. A transcript is a copy or record of the proceedings or testimony in a case, which is often used as evidence or to support an appeal.
Trial #
A hearing or proceeding in which the parties present their evidence and arguments to a court or jury, in order to determine the facts and issues in a case. Related terms: Hearing, proceeding. A trial is a hearing or proceeding in which the parties present their evidence and arguments to a court or jury, in order to determine the facts and issues in a case.
Venue #
The location or place where a case or lawsuit is heard or tried, which is often determined by the court's geographic jurisdiction. Related terms: Jurisdiction, location. A venue is the location or place where a case or lawsuit is heard or tried.
Verdict #
A decision or determination made by a jury or court, which resolves the issues and facts in a case. A verdict is a decision or determination made by a jury or court, which resolves the issues and facts in a case.
Witness #
A person or individual who testifies or gives evidence in a case, which is often used to support or prove a particular fact or claim. Related terms: Testimony, evidence. A witness is a person or individual who testifies or gives evidence in a case, which is often used to support or prove a particular fact or claim.
Writ #
A document or order that is issued by a court or other authority, which requires a party or person to take a certain action or to comply with a particular rule or regulation. Related terms: Order, mandate. A writ is a document or order that is issued by a court or other authority, which requires a party or person to take a certain action or to comply with a particular rule or regulation.