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courts and procedure

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. 

Question of fact

in

Definition

1) An issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.

Question of law

in

Definition

An issue that is always resolved by a judge, not a jury, including:

1) An issue regarding the application or interpretation of a law.

2) An issue regarding what the relevant law is. If there are two or more mutually exclusive laws, a judge determines which law is relevant. 

3) An issue of fact that nevertheless has been reserved for judges, not juries, to resolve.

Veracity

in

Definition

Truthfulness or accuracy of a person or statement.

Illustrative caselaw

See, e.g. Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527, 2537 n.6 (2009).

See also

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).

Award

in

Definition

A final judgment or decision.  The centerpiece of an award is usually a declaration that one party owes another a certain amount of money.  Although the term often refers to the decisions of arbitrators and juries, it can also refer to the decisions of judges.

Jury Instructions

in

 Generally, after the end of a trial, but before the jury deliberates, the judge will give jury instructions.  These inform the jury not only of the basic procedure of deliberations, but, more importantly, on the substance of the law on which they are to base their decision.  

Void for vagueness

in

Definition

1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear.  Laws are usually found void for vagueness if, after setting some requirement or punishment, the law does not specify what is required or what conduct is punishable.  For more information, see vagueness doctrine.

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