Glossary of Legal Terms

A standard of review. An appellate court may reverse a lower court's decision if the lower court abused its discretion—that is, acted in an arbitrary, capricious, or unreasonable manner.

A government body that creates and enforces regulations. Decisions of Idaho administrative agencies may be appealed to the district court and then to the Idaho Supreme Court or Court of Appeals.

A written statement made under oath or affirmation, used as evidence in court proceedings.

When an appellate court affirms a decision, it agrees with and upholds the lower court's ruling.

A request to a higher court to review a lower court's decision. In Idaho, appeals from district courts go to the Idaho Court of Appeals or the Idaho Supreme Court.

The party who files an appeal, asking a higher court to review a lower court's decision.

Appellee

A written document submitted to the court that presents a party's legal arguments, facts, and authorities in support of their position.

A statement filed with the court certifying that a copy of a document was served on other parties, showing the method and date of service.

A reference to a legal authority, such as a case, statute, or rule, used to support an argument.

A lawsuit between private parties (or between the government and a private party) seeking money damages or other non-criminal relief.

A case in which the government prosecutes a person for allegedly violating a criminal law.

A standard of review meaning "anew." When a court reviews a matter de novo, it decides the issue without deferring to the lower court's decision.

The party against whom a civil or criminal action is brought.

The official record of court proceedings in a case, including all filed documents and court actions.

The trial court's final decision in a case.

A court-appointed person who represents a child or legally incompetent party.

A court order requiring a person to be brought before the court to determine whether the person's imprisonment or detention is lawful.

A court's legal authority to decide a case.

A court order directing a public official or court to perform a required duty.

The document filed in the trial court that starts the appeal process.

The written decision issued by an appellate court explaining its ruling.

A spoken presentation of legal arguments before an appellate court.

Representing yourself in court without a lawyer.

When an appellate court sends a case back to the lower court for further action.

The party who responds to an appeal and defends the lower court's decision.

When an appellate court changes or overturns the lower court's decision.

A decision made when no factual dispute exists and one party is entitled to win as a matter of law.

A written record of what was said in a court proceeding, typically prepared by a court reporter.

A formal written order issued by a court commanding a specific action, such as a writ of certiorari or writ of habeas corpus.