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civil procedure

Qua

in

Definition

Acting in the capacity of.  After identifying a person, the word "qua" may be added to signify that the rest of the statement pertains to that person acting in the capacity of whatever title or position comes after "qua." 

Illustrative caselaw

See, e.g. New Jersey v. Delaware, 552 U.S. 597, 600 (2008).

See also

Verdict

in

Definition

A jury's findings or conclusions on the factual issues presented by a case.  Sometimes, the term also refers to the judge's resolution of issues in a bench trial.

Illustrative caselaw

See, e.g. United States v. Booker, 543 U.S. 220 (2005).

See also

Yield

in

Definition

1)  To give something up or surrender control, especially when required by law.

2)  To bring forth a result, as when a search yields criminal evidence or an investment yields a profit.

Illustrative caselaw

See, e.g. Schneckloth v. Bustamonte, 412 U.S. 218, 243 (1973).

Vacatur

in

Definition

Latin for "it is vacated."  A rule or order that sets aside a judgment or annuls a proceeding.

Illustrative caselaw

See, e.g. Monsanto Co. v. Geertson Seed Farms, 130 S.Ct. 2743 (2010).

See also

Prejudice

in
1. In civil procedure, when a court dismisses a case “with prejudice,” it means that the court intends for that dismissal to be final in all courts, and that res judicata should bar that claim from being reasserted in another court. A dismissal “without prejudice” means the plaintiff is free to refile the claim in a different court.   

2. In evidence law, a judge might exclude a piece of evidence as “prejudicial” if it would unfairly bias the jury against a party. See

A priori

in

Definition

A Latin term meaning "from what comes before". In legal arguments, a priori generally means that a particular idea is taken as a given. 

Venire facias de novo

in

Definition

A writ from a judge summoning a new jury panel because of a problem with the original jury's verdict or return. A venire facias de novo results in a new trial. Sometimes abbreviated as venire de novo.

Illustrative caselaw

See, e.g. Parsons v. Bedford, Breedlove & Robeson, 28 U.S. 433 (1830).

Venire facias

in

Definition

A writ from a judge directing a sheriff to assemble prospective jurors. Sometimes abbreviated as venire.

Illustrative caselaw

See, e.g. Powers v. United States, 223 U.S. 303 (1912).

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