appellate procedure

abstract of record

An abstract of record is a summary of a trial that offers the key details for the appellate court to consider, such as the facts, all proceedings in the case to date, the trial court's decision, and the legal issues to be determined. To...

abuse of discretion

Abuse of discretion is a standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain...

adequate and independent state grounds

Adequate and independent state grounds refers to the standard used by the Supreme Court to determine if it will hear a case from a state court. The Supreme Court will hear a case from a state court only if the state court judgment is...

adjudicate

To adjudicate means to make a formal judgment or decision regarding a problem or disputed matter.

See also: Adjudication.

[Last updated in June of 2022 by the Wex Definitions Team]

adjudication

Adjudication refers to the legal process of resolving a dispute or deciding a case. When a claim is brought, courts identify the rights of the parties at that particular moment by analyzing what were, in law, the rights and wrongs of their actions when...

affirm

There are several, related usages of the word “affirm” in a legal context; but, generally it means “to confirm or ratify.” Common occurrences of this word include:

An appellate court can affirm the ruling that was the subject of the appeal...

after-discovered evidence

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal...

agreed statement of facts

Agreed statement of facts is a statement of facts that has been agreed to by all parties in a lawsuit to be true. The agreed statement of facts is written and then submitted to the court. The parties will also have controversial facts that...

amend

To amend is to make a change by adding, subtracting, or substituting. For example, one can amend a statute, a contract, the United States Constitution, or a pleading filed in a lawsuit. Generally, procedures dictate the way in which one...

amicus curiae

Amicus Curiae literally translated from Latin is "friend of the court." Plural is "amici curiae."

Generally, it is referencing a person or group who is not a party to an action, but has a strong interest in the matter....

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