A | B | C | D | E | F | G | I | J | L | M | N | O | P | R | S | T | U
A
Administrative proceedings
These are written documents or transcripts from administrative hearings. They can only be used in an appeal if they were already submitted to the trial court.
Agreed statement
A summary of what happened in the trial court, created by both parties or their lawyers, and used as part of the appeal.
Appeal
A request to a higher court to look at a lower court's decision for possible mistakes. The higher court can agree with, change, or cancel the lower court's decision.
Appealable order
You can only appeal if there’s a specific court order that meets certain rules. Most appeals involve final judgments, but sometimes other orders, especially in family or probate law, can also be appealed.
Appellant
The person or party who is appealing a court decision.
Appellant’s Opening Brief (AOB)
The first written document from the appellant explaining the mistakes they believe the trial court made and why those mistakes are important.
Appellant’s Reply Brief (ARB)
A written response by the appellant to the respondent’s brief, only addressing issues already raised.
Appellate court
A court that reviews decisions made by lower courts to check for legal errors. This includes the appellate division of the trial court, the Court of Appeal, and the California Supreme Court.
Appendix
A document prepared by a party to replace a clerk’s transcript, following specific rules.
Application
A document filed to give information or ask for something, usually for routine matters like asking for more time. The court can decide without hearing from the other side.
Argument
A chance for someone in the case to explain their legal viewpoint.
Augment
A request to add extra documents or transcripts to the appeal record that were left out originally.
B
Brief
A written document that explains the case facts, the law, and arguments about why the trial court’s decision should change or stay the same.
C
California Rules of Court (CRC)
The rules that control how California’s state courts operate, including deadlines and procedures.
California Supreme Court
The highest court in California. All other state courts must follow its decisions.
Cause of action
The legal reason for filing a lawsuit, such as a breach of contract or malpractice.
Citation (cite)
A reference to legal authority, such as a case or law, to support a legal argument.
Civil Case Information Statement (CCIS) (Docketing Statement)
A form used by the Court of Appeal to see if an appeal is filed on time and is valid.
Clerk’s transcript (CT)
A collection of documents from your case at the trial court, prepared by the court clerk.
Codes
The laws created by the state legislature, such as the Civil Code or Penal Code.
Counsel
Lawyers representing someone in a legal case.
Court filings
Documents submitted to the trial court or Court of Appeal.
Court of Appeal
A court that reviews the decisions of a trial court for legal mistakes. The California Supreme Court can review its decisions.
Court Opinion
The final written decision of the Court of Appeal, explaining its reasons and facts.
Cost Awards
The court can order the losing party to pay some of the winning party’s costs, like fees for filing or preparing records. If awarded, the trial court will decide the costs.
Cross-appeal
When both sides want to appeal parts of the decision. The first party to appeal is the appellant, and the other party becomes the cross-appellant if they also appeal.
D
Declaration
A written statement where a person swears under penalty of perjury that what they say is true.
Default
When someone misses a court deadline or requirement.
Defendant
The person being sued in a civil case or charged in a criminal case.
De novo review
A type of review where the appellate court looks at an issue as if the trial court had never ruled on it.
Demurrer
A request to dismiss a case because, even if the facts are true, they don’t show any legal wrongdoing.
Discovery
The process of gathering evidence, like documents or witness statements, before trial.
Discretion
The power of a judge to make decisions based on reason and the law.
E
Exhibit
An object or document used as evidence in court.
Extension
A request for more time to meet a court deadline.
F
Fee waiver
Permission to not pay court fees due to financial hardship.
File-stamped
A document stamped by the court to show when it was filed.
Filing fees
The money you pay to submit documents to the court.
Findings of fact
When the judge or jury decides what the facts are in a case.
Frivolous appeal
An appeal that is meant to delay or has no real legal basis.
G
Good cause
A valid legal reason for what you’re asking the court to do.
I
In propria persona (Pro Per, Pro Se, or Self-Represented)
When someone represents themselves in court without a lawyer.
Interested entity or person
Someone with a financial or other interest in the outcome of a case.
J
Judgment
The final decision made by a trial court.
Judicial notice
When the court accepts certain facts or laws as true without needing proof, like well-known facts or California laws.
Jurisdiction
The authority a court has to hear and make decisions in a case.
L
Legal authorities or legal authority
Examples from the law, like court decisions or statutes, used to support legal arguments.
Limited civil case
A civil case where the amount of money involved is $35,000 or less. These cases are appealed in the appellate division of the trial court.
M
Mediation
A process where a neutral person (mediator) helps people in a legal dispute reach an agreement.
Minute order
A short written summary of what happened in court, recorded in the court’s official records.
Motion or application
A formal request asking the court to do something. In the Court of Appeal, motions are often used to add to the record or take judicial notice. Applications are used for simpler requests, like extending deadlines.
N
Notice of Appeal (NOA)
The document you file and serve to tell the court and the other parties that you’re appealing a decision.
O
Omission
Something left out of the appeal record that should have been included.
Opening brief (AOB)
The first written argument the appellant submits in an appeal, explaining why the trial court made mistakes.
Oral argument (OA)
A chance for both sides to explain their arguments to the appellate court judges. It’s the last step before the case is decided.
Oral proceedings
What was said in a trial, hearing, or oral argument.
Order
A court’s decision on a motion, application, or other matter.
P
Party
A person or group involved in a court case. In the trial court, the party suing is called the "plaintiff" or "petitioner," and the party being sued is the "defendant" or "respondent." In the Court of Appeal, the parties are called the "appellant" and the "respondent."
Petition for Rehearing
A request asking the Court of Appeal to reconsider its decision.
Petition for Review
A request asking the California Supreme Court to review a decision made by the Court of Appeal.
Plaintiff
The person or group who starts a lawsuit.
Points and Authorities
A document that explains a party’s legal arguments and uses legal authorities, like statutes or court cases, to support them.
Proof of Service (POS)
A form that shows legal papers were delivered to the other party.
R
Respondent’s Brief (RB)
The document filed by the respondent, responding to the appellant’s opening brief and explaining why the trial court’s decision should stay the same.
Record
All the documents, exhibits, and transcripts from a trial or other court proceeding.
Record on appeal
The parts of the trial record that are sent to the Court of Appeal for review.
Register of Actions (ROA)
A list of all the documents and actions filed in a case.
Remittitur
A document that returns a case to the trial court after the Court of Appeal makes its final decision.
Reply brief (ARB)
A document filed by the appellant responding to the respondent's brief. It is limited to the issues already raised.
Reporter’s transcript (RT)
A word-for-word written record of what was said in court, prepared by a court reporter.
Respondent
The person or party responding to an appeal.
Respondent’s brief (RB)
A written response to the appellant’s opening brief, explaining why the trial court’s decision should stay the same.
S
Serve and file
The process of delivering legal papers to the other party and submitting them to the court.
Service
The act of delivering legal papers to the other party.
Settled statement
A written summary of what happened in court when no court reporter was present to create a transcript.
Settlement
An agreement between the parties to resolve the case without going to trial.
Standard of review
The guidelines the appellate court uses to decide if the lower court made a mistake.
Statement of appealability
Part of a brief explaining why the case can be appealed.
Statement of facts
A written or oral explanation of the facts in a case.
Statement of the case
A section in a brief that explains what happened in the trial court.
Statutes
The laws passed by the state Legislature or Congress.
Stipulation
An agreement between the parties, like agreeing to extend a deadline.
Submit for decision
When all the arguments are finished, and the appellate court is ready to make a decision.
Summary judgment
A court decision made without a trial because there is no dispute about the facts.
Superior court
The trial court where cases are first decided.
T
Table of Authorities
A list of the legal cases, statutes, and other sources cited in a brief, along with page numbers of where the authorities appear in the brief.
Table of Contents
A list of sections in a brief, with page numbers.
Treatise
A book that explains the law in a particular area, like contracts or criminal law.
Trial court
The superior court where cases are first decided.
Trial court file
All the documents filed in a trial, in the order they were filed.
Trial court record
The official record of everything that happened in a case.
U
Unlimited civil case
A civil case involving more than $35,000 or certain issues like family law or probate. Appeals in these cases go to the Court of Appeal.