The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds. The distinction...
civil procedure
one-satisfaction rule
The one-satisfaction rule is a common law principle that a plaintiff should only recover once for a particular injury, thereby preventing overcompensation of the plaintiff for their injury. Thus, a plaintiff who fully recovers from one...
opening statement
Overview
The opening statement is a lawyer’s first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements,...
order
A decision issued by a court or authoritative body. This includes final and non-final orders issued by a court. Also known as court order or judicial order. Outside of judicial orders, the executive branch has the power to issue executive...
order of examination
An order to compel a physical examination to determine a person’s health or injuries. Also known as an order for physical or mental examination. Under Federal Rule of Civil Procedure Rule 35, a party may obtain an...
order to show cause
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a...
original jurisdiction
Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal...
ostensible authority
Ostensible authority, also known as apparent authority, is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's...
panel
Panel is commonly used in reference with (1) jurors and (2) judges.
A jury panel refers to the group of people selected as potential jurors and from which the jury for a specific case will be chosen. This panel is commonly called jury pool or...
participate
Participate, in the legal context, means to take part in something of legal consequence such as claims, business dealings, and class actions. Participation can be used without an inherent special legal meaning, such as participating in a...