In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
Hubris, or less frequently hybris, describes a personality quality of extreme or excessive pride or dangerous overconfidence and complacency, often in combination with arrogance. The term arrogance comes from the Latin adrogare, meaning "to feel that one has a right to demand certain attitudes and behaviors from other people". To arrogate means "to claim or seize without justification... To make undue claims to having", or "to claim or seize without right... to ascribe or attribute without reason". The term pretension is also associated with the term hubris, but is not synonymous with it.
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with the merits of that case." However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term.
A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
The terms moot, mootness and moot point are used in both English and American law, although with different meanings.
A synonym is a word, morpheme, or phrase that means precisely or nearly the same as another word, morpheme, or phrase in a given language. For example, in the English language, the words begin, start, commence, and initiate are all synonyms of one another: they are synonymous. The standard test for synonymy is substitution: one form can be replaced by another in a sentence without changing its meaning.
An act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities, or to the general public. For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2⁄3 of both houses.
In human interactions, good faith is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with bona fides, which is still widely used and interchangeable with its generally accepted modern-day English translation of good faith. It is an important concept within law and business. The opposed concepts are bad faith, mala fides (duplicity) and perfidy (pretense).
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority, and that the recipient admits a limited status within the relationship, and it is within that sense that charters were historically granted, and it is that sense which is retained in modern usage of the term. In early medieval Britain, charters transferred land from donors to recipients.
A fugitive or runaway is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings.
A court clerk is an officer of the court whose responsibilities include maintaining records of a court and administering oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties. The records management duties of a court clerk include the acceptance of documents for filing with the court to become part of the court's official records, preserving and protecting those records, providing the general public with access to those records, and maintaining the docket, register of actions, and/or minutes of the court which list all filings and events in each case. These duties are important because the availability of legal relief often depends upon the timely filing of documents before applicable deadlines.
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits.
Tax protesters in the United States have advanced a number of arguments asserting that the assessment and collection of the federal income tax violates statutes enacted by the United States Congress and signed into law by the President. Such arguments generally claim that certain statutes fail to create a duty to pay taxes, that such statutes do not impose the income tax on wages or other types of income claimed by the tax protesters, or that provisions within a given statute exempt the tax protesters from a duty to pay.
Legal research is the process of identifying and retrieving information to support legal arguments and decisions. Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials. However, many resources that are useful for legal research are fee-based, and many are not easily accessible.
Federal Communications Commission v. AT&T Inc., 562 U.S. 397 (2011), was a United States Supreme Court case on aspects of corporate personhood. It held that the exemption from Freedom of Information Act disclosure requirements for law enforcement records which "could reasonably be expected to constitute an unwarranted invasion of personal privacy" does not protect information related to corporate privacy.
This glossary contains Brazilian terms related to criminal or corruption investigations, and supporting concepts from politics, the law, government, criminology, and law enforcement.
