# Glossary

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🚧 **UNDER CONSTRUCTION** 🔨
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### A

#### acceptance

assent to the terms of an offer; express or implied act (i.e., conduct) that shows willingness to be bound by the terms of an offer

***

#### act (action)

a bodily movement whether voluntary or involuntary\*[^1]

***

#### actor

where relevant, a person guilty of an omission

Source: [Model Penal Code § 1.13(6)](https://www.criminallawweb.net/web1/mpc/mpc.html) by [American Law Institute](https://www.ali.org/)

***

#### ad hoc

Latin for "to this" and means “for this purpose only”; ad hoc decisions are based solely on the particular circumstances of a particular case

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/ad_hoc) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### adjudicate

issue decisions, judgments, and orders that are legally binding on others regarding related to legal issues and disputes

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/adjudicate) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### agreement

a manifestation of [mutual assent](#mutual-assent) by two or more persons to one another. It is a meeting of the minds with a common intention made through [offer](#offer) and acceptance. An [agreement](#agreement) can be shown from words, conduct and in some cases, even silence.

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/agreement) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### appeal

a challenge to a previous legal determination by a lower court

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/appeal) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### appeal as of right

when a party is automatically entitled to an appellate court reviewing their case if they choose to appeal a decision of a lower court\* (as opposed to appealing to a court with [discretionary jurisdiction](#discretionary-jurisdiction), which can refuse to review the decision of a lower court)

***

#### appellant

the party who appeals a lower court's judgment or order to a higher court to overturn or modify a decision made by the lower court (some courts refer to this party as the petitioner)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/appellant) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### appellate jurisdiction

the authority of a court to hear appeals from lower courts (typically, trial courts)\*

***

#### appellee

the party against whom the appeal is filed and responds to and defends the appeal (see also "appellant" and "respondent")

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/appellee) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### B

#### bid

an offer to pay or charge a specific price, under set terms, for an item or service\*

***

#### bill of attainder

a legislative act that declares someone guilty of a crime without a trial

Source: [Justia Legal Dictionary](https://dictionary.justia.com/bill-of-attainder)

***

#### Bill of Rights

the first ten amendments to the U.S. Constitution

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/constitution/billofrights) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### breach of contract

when a party to a contract fails to perform their promised obligations

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/breach_of_contract) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### C

#### civil law

in the United States context, a branch of law that governs the non-criminal rights and duties of persons (both natural persons and legal persons) and the legal relations between them (not to be confused with a [civil law legal system](https://www.justice.gov/nsd-ovt/roles-civil-legal-systems), which exist in other countries, but not in the United States); generally, civil law is not about the relationship persons and the government, as is the case in criminal law

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/civil_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Roles in Civil Legal Systems](https://www.justice.gov/nsd-ovt/roles-civil-legal-systems) by [United States Department of Justice](https://www.justice.gov/)

***

#### common law

law developed through judicial decisions rather than enacted statutes, regulations, treaties, or the Constitution\*[^2]

***

#### complaint

the initial pleading filed that starts a lawsuit

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/criminal_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### concurrent jurisdiction

when multiple courts have the power to hear the same type of dispute\*

***

#### conduct

an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions

Source: [Model Penal Code § 1.13(5)](https://www.criminallawweb.net/web1/mpc/mpc.html) by [American Law Institute](https://www.ali.org/)

***

#### consideration

something of value that is part of the mutual exchange of promises between the parties to a contract\*

***

#### contract

an agreement between parties, creating mutual obligations that are enforceable by law\*

***

#### criminal law

a branch of law concerned with crimes and the punishment of individuals who commit crimes\*

***

### D

#### defendant

an individual or entity against whom (1) a lawsuit is filed or (2) a criminal charge is brought

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/defendant) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Justia Legal Dictionary](https://dictionary.justia.com/defendant)

***

#### diversity of citizenship

when there is no common state citizenship between the plaintiffs and defendants in a suit\*

***

#### discretionary jurisdiction

generally associated with the U.S. Supreme Court or a state's corresponding court of last resort, the authority of an appellate court to choose whether to hear an appeal from a lower court\*

***

### E

#### elements

elements (of a crime) are the component parts of a crime, each of which the prosecution must prove beyond a reasonable doubt to establish the criminal liability

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/elements_\(of_a_crime\)) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### equal protection

A fundamental right implying that every person should have the same access to legal and court procedures, be given fair treatment under the law, and enjoy similar substantial legal rights (see also the Fourteenth Amendment)

Source: [Justia Legal Dictionary](https://dictionary.justia.com/equal-protection-of-the-law)

***

#### ex post facto

Latin for "from a thing done afterward"; ex post facto laws usually are criminal laws that apply to a defendant retroactively (i.e., criminalizing the defendant's conduct despite the conduct being legal when it occurred)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/ex_post_facto) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### exclusive jurisdiction

authority of a specific court—and no others—to hear a particular case\*

***

#### extrajudicial confession

an admission of guilt made by an accused person outside the courtroom and not before a magistrate

Source: [Understanding Extra-Judicial Confessions: Legal Implications and Evidentiary Value](https://thelaw.institute/criminal-justice-processes/extra-judicial-confessions-legal-implications-evidence/#what-are-extra-judicial-confessions), [Criminal Justice Processes](https://thelaw.institute/criminal-justice-processes/), [LawNotes by TheLaw.Institute](https://thelaw.institute/)

***

### F

#### Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

***

#### First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

***

#### Fourteenth Amendment

Section 1: "No state shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (See the entire amendment [here](https://constitution.congress.gov/constitution/amendment-14/).)

***

#### fundamental right

a constitutional right recognized by the U.S. Supreme Court as requiring a high degree of protection from the government's encroachment; typically, a right is deemed fundamental when determined to be so important for individual liberty that it should be beyond the reach of the political process, and thus implicitly treated as part of the Constitution

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/fundamental_right) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### G

#### general jurisdiction

a court's authority to hear any type of case not exclusively dedicated to another court\* (compare to [exclusive jurisdiction](#exclusive-jurisdiction))

***

### H

***

### I

#### ibid.

used to reference the exact same source and page number the source/page immediately preceding it (compare to id.)\*[^3]

***

#### id.

used to reference the exact same source as the source immediately preceding it, although the location within the source may be different (compare to ibid.)\*[^4]

***

#### infra.

used to reference a source that is referenced later in the same document\*[^5]

***

#### injunction

a court order that directs a person to do something or to stop doing something; is an equitable remedy issued in situations where monetary compensation would be inadequate, typically to prevent irreparable harm\*[^6]

***

#### injunctive relief

a court-ordered remedy that restricts a party from committing specific actions or requires a party to complete specific actions (also known as an injunction)\*[^7]&#x20;

***

#### intermediate scrutiny

see "[intermediate scrutiny test](#intermediate-scrutiny-test)"

***

#### intermediate scrutiny test

a judicial review approach used to assess the constitutionality of a law that affects (a) "quasi-suspect" classes like sex/gender and (b) some First Amendment cases

* the law will be deemed constitutional under this approach if it (1) furthers an important government interest and (2) does so by means that are substantially related to that interest

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/intermediate_scrutiny) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Justia Legal Dictionary](https://dictionary.justia.com/intermediate-scrutiny)

***

### J

#### judgment

a final decision made by a court or tribunal after considering all of the relevant evidence, rights, and obligations involved

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/judgment) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### judicial review

the doctrine—fundamental to the U.S. system of government—that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/judicial_review) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### jurisdiction

a court's authority to hear a particular type of dispute\* (see also [general jurisdiction](#general-jurisdiction), [specific jurisdiction](#specific-jurisdiction), [original jurisdiction](#original-jurisdiction), [appellate jurisdiction](#appellate-jurisdiction), [exclusive jurisdiction](#exclusive-jurisdiction), and [concurrent jurisdiction](#concurrent-jurisdiction), [diversity jurisdiction](#diversity-of-citizenship))

***

#### justification

generally, conduct which the actor believes to be necessary to avoid a harm or evil to themselves and for which they should not be criminally liable

Source: [Model Penal Code § 3.02](https://www.criminallawweb.net/web1/mpc/PART1/snippets/justification.htm) by [American Law Institute](https://www.ali.org/)

***

### K

***

### L

#### legal fiction

an assumption and acceptance of something as fact by a court, although it may not be true, to allow a rule to operate or be applied in a manner that differs from its original purpose while leaving the letter of the law unchanged\*

***

#### legal person

a human or a non-human legal entity treated as a person for legal purposes

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/legal_person) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### Model Penal Code

a model code assembled by the American Legal Institute that was first promulgated in 1962; following the MPC’s promulgation, many states’ criminal codes underwent significant reforms, and to this day, many states’ criminal codes are based on the MPC

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/model_penal_code_\(mpc\)) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Model Penal Code](https://archive.org/details/ModelPenalCode_ALI) by [American Law Institute](https://www.ali.org/)

***

### M

#### moot

when an issue or case has been resolved in some way, and a court's judgment favorable to any side would no longer have an effect

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/moot) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### MPC

Model Penal Code

***

#### mutual assent

the mutual willingness of all parties to a contract to abide by the terms (a requirement of a valid contract)\*; a party's assent must be [real assent](#real-assent)\*

***

#### natural person

a living human being

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/natural_person) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### N

#### negligence per se

"negligence in itself"; in a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/natural_person) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### non-compete clause

a contract provision—usually in an employer/employee or business sale context— in which one party promises not to engage in conduct that would increase competition for the other party for a specific period of time.\*

***

### O

#### obligor

a person/entity that assumes a contractual duty/obligation to repay money or other credit extended by a lender, in the context of [secured transactions](https://www.law.cornell.edu/wex/secured_transactions) (such as loaning/lending contracts when debt is secured by another's property); synonymous with **debtor**\*

***

#### obligee

a person/entity to whom an obligor/debtor is contractually entitled to receive payment in the context of [secured transactions](https://www.law.cornell.edu/wex/secured_transactions) (such as loaning/lending contracts when debt is secured by another's property); synonymous with **creditor**\*

***

#### offer

part of a negotiation in which a party agrees to do or not do something in exchange for [consideration](#consideration)\*

***

#### offeree

the party receiving the offer

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/offeree) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### **offeror**

the party making the offer

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/offeror) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### omission

failure to act

Source: [Model Penal Code § 1.13(4)](https://www.criminallawweb.net/web1/mpc/mpc.html) by [American Law Institute](https://www.ali.org/)

***

#### open license

If a copyrighted work is openly licensed, others have the "right access, reuse, and redistribute a work with few or \[sometimes] no restrictions." See[ *Understanding Open Licenses*](https://usq.pressbooks.pub/openpublishingguideforauthors/chapter/understanding-open-licences/) for more information.

***

#### order

a decision issued by a court or authoritative body

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/order) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### original jurisdiction

a court’s authority to hear and decide a case for the first time before any [appellate ](#appeal)review occurs\*

***

#### overbreadth

when a law unconstitutionally reaches beyond the scope of the subject matter it was originally intended to cover, causing it to cover activity that it was not intended to cover (e.g., unjustifiably restraining constitutionally protected conduct)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/overbreadth) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### overbroad

see "overbreadth"

***

### P

#### person

any natural person and, where relevant, a corporation or an unincorporated association (includes "he," "she," and "actor")

Source: [Model Penal Code § 1.13(8)](https://www.criminallawweb.net/web1/mpc/mpc.html) by [American Law Institute](https://www.ali.org/)

***

#### personal jurisdiction

the power of a court to subject a defendant to a legally binding judgment, decision, or order\*

***

#### petition

a formal application in writing made to a court or other official body requesting some judicial action

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/petition) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### petitioner

the party who presents a petition to the court; in the context of an appeal, the petitioner is usually the party who lost in the lower court (also referred to as the [appellant](https://studies-de-jure.gitbook.io/learn/broken-reference))

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/petitioner) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### plaintiff

a natural person, legal person, or entity that starts a civil lawsuit to claim damages, enforce a contract, or seek a court's ruling on rights

Source: [Justia Legal Dictionary](https://dictionary.justia.com/plaintiff)

***

#### precedent

a court decision that is considered an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues\*[^8] (see also [stare decisis](#stare-decisis))

***

#### private law

a branch of law that deals with matters involving individuals, their properties, and personal relationships\*

***

#### procedural

a classification of law relating to the rules, processes, and methods of enforcing substantive laws (e.g., the requirements of reasonable suspicion for stops and frisks, and probable cause for searches and seizures)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/procedural_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### procedural due process

the constitutional requirement that federal and state governments abide by certain procedures to protect the essential interests of all people within the United States

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/prosecuting_attorney) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### promise

assurance of intent by a person or entity to complete an action or refrain from doing the action. A promise may be an action in exchange for a good or service, a payment, or delivery (typically in the context of a contract)\*

***

#### promisee

a person who receives a [promise](#promise) from a [promisor](#promisor), typically in the context of a contractual agreement\*

***

#### promisor

a person who makes a [promise ](#promise)to a [promisee](#promisor-1), typically in the context of a contractual agreement\*

***

#### prosecution

in the criminal law context, (1) the process of initiating and pursuing a criminal legal action against a defendant accused of committing a crime; or (2) the group responsible for initiating and pursuing a criminal legal action against a defendant accused of committing a crime

Source: [Justia Legal Dictionary](https://dictionary.justia.com/prosecution)

***

#### prosecutor

an attorney elected or appointed by local government officials to represent the state in a criminal case brought in a judicial district or designated county (sometimes also referred to as a [district attorney](https://www.law.cornell.edu/wex/district_attorney_\(da\)))

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/prosecuting_attorney) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### protected class

a protected class is a group of people that federal or state law shields from [discrimination](https://www.law.cornell.edu/wex/discrimination) or [retaliation](https://www.law.cornell.edu/wex/retaliation), usually based on traits like race, ethnicity, sex, gender identity, sexual orientation, religion, or [disability](https://www.law.cornell.edu/wex/disability)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/protected_class) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### promisee

the party who makes a promise to another party (the promisee) in a contractual relationship

***

#### promisor

the party who receives a promise from another party (the promisor) in a contractual relationship

***

#### public defender

a court-appointed attorney, compensated by governmental funds, who represents clients charged with criminal offenses and who can't afford their own defense

Source: [Justia Legal Dictionary](https://dictionary.justia.com/public-defender)

***

#### public law

a branch of law concerning individuals' interactions with the state and outlining how the government should function\*

***

#### puffery (puffing)

in commercial law, a statement of opinion overstated (exaggerated) assertion/claim about a good or service to a prospective buyer with the goal of making a sale of that good or service that *cannot* be reasonably relied upon by the prospective buyer\*

***

### Q

***

### R

#### ratify

To ratify means to approve or enact a legally binding act that would not otherwise be binding in the absence of such approval\*

***

#### rational basis

see "[rational basis test](#rational-basis-test)"

***

#### rational basis test

a judicial review approach used to assess the constitutionality of a law that (generally) does not involve a fundamental right, suspect class, or quasi-suspect class; if this test applies, the law is presumptively constitutional, and the party challenging the law has the burden to demonstrate that the law is unconstitutional

* the law will be deemed constitutional if it (1) involves a legitimate government interest and (2) is rationally related to furthering the interest

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/rational_basis_test) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Justia Legal Dictionary](https://dictionary.justia.com/rational-basis)

***

#### real assent

when a party's assent to the terms of an agreement is consensual (i.e., free and voluntary)\* (see also [mutual assent](#mutual-assent))

***

#### respondeat superior

a legal doctrine, most commonly used in tort law, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency\*[^9]

***

#### respondent

the party against whom a petition is filed (i.e., the party opposing the [petitioner](#petitioner)/[appellant](#appellant)), especially one for the purposes of appeal\*[^10]

***

#### Restatement(s) of the Law

a series of treatises published by the American Law Institute (ALI) that articulate and clarify the principles governing specific areas of law\*[^11]

***

#### rule of law

* **rule of law principle |** the principle under which everyone is bound by laws that are (1) established by the government, (2) equally enforced, (3) adjudicated independently, and (4) consistent with one's rights and the principles underlying those rights\*
* **rule of law system |** a "durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice"\*

***

### S

#### selective incorporation

a doctrine through which parts of the Bill of Rights are deemed applicable to the states through the Due Process Clause of the Fourteenth Amendment (i.e., incorporated into the Fourteenth Amendment)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/incorporation_doctrine) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### social norms

informal, "invisible" rules that influence and/or govern behavior in groups and societies, based on what groups and societies view as "good," "right," and important"; most individuals tend to adhere to these norms; distinct from formal norms, which are established by codified (written) laws\*

***

#### specific jurisdiction

the authority of a court to exercise [personal jurisdiction](#personal-jurisdiction) over a corporate defendant based on some "minimum contacts" between the defendant and the state in which the court sits\*

***

#### stare decisis

meaning, “to stand by things decided” in Latin, the judicial doctrine that courts will adhere to precedent in making their decisions\*[^12] (see also [precedent](#precedent))

***

#### statute of limitations

in the civil context, a time frame set by law during which a person who has experienced an injury or harm can take legal action; in a criminal context, a time frame within which a criminal offense can be prosecuted after the crime's commission

Source: [Justia Legal Dictionary](https://dictionary.justia.com/statute-of-limitations)

***

#### strict liability

in the civil context, legal responsibility for certain legal violations or harms caused by inherently hazardous materials or activities or defective (abnormally dangerous products) without needing to prove intent or negligence; in the criminal context, legal responsibility for certain prohibited actions without needing to prove intent or other mental state

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/strict_liability) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); [Justia Legal Dictionary](https://dictionary.justia.com/strict-liability)

***

#### strict scrutiny

see "strict scrutiny test"

***

#### strict scrutiny test

a judicial review approach used to assess the constitutionality of a government action or law that burdens a fundamental right or involves a suspect class of one or more individuals; if this test applies, the government action is presumptively unconstitutional, and the government has the burden to demonstrate that the action or law was constitutional

* the action or law will be deemed constitutional only if (1) it is necessary to achieve a compelling government interest, (2) it is narrowly tailored to further the interest, and (3) it is the least restrictive means of furthering the interest

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/strict_scrutiny) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### subject matter jurisdiction

the power of a court to adjudicate a particular type of matter and provide the remedy demanded.

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/subject_matter_jurisdiction) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### substantive

a classification of law relating to statutes, administrative agency regulations, ordinances, and agency policies that govern a party's rights and obligations (e.g., a statute that prohibits homicide or defines self-defense)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/substantive_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### substantive due process

the constitutional requirement that the content of federal and state laws (i.e., the prohibitions and requirements of the laws) must protect the people from government interference with their fundamental rights

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/substantive_due_process) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### summary judgment

a judgment entered by a court for one party and against another party without a full trial

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/substantive_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### supra

used to reference a source that was referenced earlier in the same document

Source: R.6.2.3, [The Indigo Book: A Manual of Legal Citation](https://indigobook.github.io/versions/indigobook-2.0-rev2023-2.pdf) by Christopher Sprigman & Jennifer Romig et al. eds., Public.Resource.Org 2d ed. (2021); see also R. 3.5, [The Bluebook: A Uniform System of Citation (online edition)](https://www.legalbluebook.com/bluebook/v21/rules/3-subdivisions/3-5-internal-cross-references)

***

#### suspect class

a class of individuals who have been historically subject to discrimination (protected by the Fourteenth Amendment's Equal Protection Clause)

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/suspect_classification) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### T

#### trier of fact

a judge or jury responsible for evaluating the evidence presented in a legal proceeding and making findings of fact. The trier of fact assesses the credibility of witnesses, weighs the evidence, draws reasonable inferences, and reaches a verdict or decision based on these factual determinations\* (in the American judicial system, the jury's purpose is generally to function as the trier of fact, although judges serve as triers of fact in various circumstances)

***

#### torts

acts or omissions (i.e., failure to act when the law requires) that give rise to injury or harm and amounts to a civil wrong for which a court may impose liability

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/tort) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### U

#### unjust enrichment

when someone retains a benefit like money from another person when fairness and justice require giving restitution to the party that conferred the benefit\*

***

#### United States Attorney

otherwise referred to as a U.S. Attorney or federal prosecutor, an attorney who represents the federal government in the prosecution of criminal cases

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/united_states_attorney) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/); see also [Office of the United States Attorneys](https://www.justice.gov/usao) by [United States Department of Justice](https://www.justice.gov/)

***

#### United States District Court

trial court in the federal court system

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/united_states_district_courts) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

### V

#### vacate

in legal proceedings, set aside or annul a previous court judgment or order

Source: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/vacate) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

***

#### void for vagueness

when a law is unconstitutional because it is so unclear or ambiguous that a typical person cannot determine what it means or how to apply it

Source: [Justia Legal Dictionary](https://dictionary.justia.com/void-for-vagueness)

***

#### voluntary

when the actor has control over their conduct, which does not include (a) reflexes or convulsions; (b) bodily movements during unconsciousness or sleep; (c) conduct during hypnosis or resulting from hypnotic suggestion; or (d) bodily movements that otherwise are not a product of the effort or determination of the actor, either conscious or habitual.

Source: [Model Penal Code § 2.01](https://www.criminallawweb.net/web1/mpc/PART1/snippets/2_01.htm) by [American Law Institute](https://www.ali.org/)

***

### W

#### writ of certiorari

generally associated with the U.S. Supreme Court, an order from an appellate court to a lower court to deliver its record in a case so that the higher court may review it\*

***

#### writ of prohibition

a judicial order that a higher court may use to prevent a lower court from taking an action\*

[^1]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/acceptance) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^2]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/common_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^3]: Source: [The Bluebook v. California Style Manual](https://community.pepperdine.edu/law/writing-center/content/bluebook-v-california-style.pdf) by Vicki Steiner via [Pepperdine Law School](https://community.pepperdine.edu/law/)

[^4]: R.6.2.2, [The Indigo Book: A Manual of Legal Citation](https://indigobook.github.io/versions/indigobook-2.0-rev2023-2.pdf) by Christopher Sprigman & Jennifer Romig et al. eds., [Public.Resource.Org](https://public.resource.org/) 2d ed. (2021)

[^5]: See R. 3.5, [The Bluebook: A Uniform System of Citation (online edition)](https://www.legalbluebook.com/bluebook/v21/rules/3-subdivisions/3-5-internal-cross-references) by [The Columbia Law Review](https://www.columbialawreview.org/), [The Harvard Law Review](https://harvardlawreview.org/), [The University of Pennsylvania Law Review](https://pennlawreview.com/), and [The Yale Law Journal](https://www.yalelawjournal.org/) (eds.)

[^6]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/injunction) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^7]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/injunctive_relief) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^8]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/precedent) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^9]: &#x20;[Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/respondeat_superior) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^10]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/respondent) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^11]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/restatement_of_the_law) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)

[^12]: [Wex Legal Encyclopedia](https://www.law.cornell.edu/wex/stare_decisis) by [Cornell Law School Legal Information Institute](https://www.law.cornell.edu/)
