It may feel like you have to attend law school to understand the American legal system. However, that is not the case. We broke down some of the most common legal terms used in the lawsuits surrounding the Trump administration.
What’s the general process for a lawsuit?
Lawsuits are sometimes called “ complaints ” for good reason: They tell a judge about something that allegedly caused you harm, and why you think someone else is to blame. Lawsuits also include a request for the kind of “relief” sought, like money or an order stopping the harmful actions.
The person being sued is always given a chance to respond. They might tell the judge the lawsuit is wrong, argue that someone else is to blame, or say the conduct wasn’t actually harmful. Often, the person being sued will file a “ motion to dismiss,” asking the judge to reject the lawsuit entirely.
What’s a plaintiff?
The people who file a lawsuit are the “plaintiffs,” and the people being sued are the “defendants.” If a lawsuit is brought on behalf of a big group of people, it might become a “class action” lawsuit.
What’s a TRO? And what’s a PI?
Resolving a lawsuit can take months, so plaintiffs often ask the judge to temporarily stop the defendants from doing whatever allegedly caused the harm while the case is decided.
A “ temporary restraining order ” or “TRO” is a short-term emergency order designed to stop immediate, irreparable harm.
A “ preliminary injunction ” or “PI” lasts until the lawsuit is resolved. A PI typically isn’t granted unless the plaintiff shows they are likely to “succeed on the merits,” or win the case.
What’s the difference between an appeal and a stay?
If one side thinks the judge made the wrong call, they can ” appeal ” by asking a higher court to decide if the ruling was correct.
They can also ask for a “ stay,” which puts a judge’s order on pause while a dispute or appeal is worked out.
What does contempt of court mean?
If someone disobeys a court order or disrespects the judicial process, the judge might hold them in “ contempt of court.”
Contempt of court convictions can carry big penalties, including fines or imprisonment. The punishments are designed to pressure the troublesome party to comply, so they typically end once the disobedience stops.
What’s ‘discovery,’ and why is some ‘privileged?’
“ Discovery ” happens when both sides request information from each other as they search for facts supporting their side of the case. Discovery can include witness names, documents, or sworn statements from people.
If one side thinks something should be kept confidential, they might claim “privilege.” Attorney-client communications are generally privileged. “ State secrets ” privilege is invoked if the government thinks sharing the information would put national security at risk.
Why all the jargon?
Legal terms carry very specific definitions. The jargon can feel fussy, but it’s all meant to help lawyers and judges avoid any ambiguity.
For instance, the term “jurisdiction” refers to whether a court has the authority to decide a case. It might seem simpler to just use the word “venue,” but there are many different types of legal jurisdiction, and the word venue just doesn’t cover it all.
Jurisdiction can be based on a geographic area or on the subject matter of the lawsuit. It can even be based on timing, or which court gets first dibs on a case.
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