Jack Gilbert

Appellate Law Civil Litigation Legal Research & Writing

What is precedent?

March 26, 2026

Precedent is a prior court decision that judges use as authority when deciding later cases with similar facts or legal issues. In common-law systems like...

Read More →

Civil Litigation Contract Law Personal Injury Law Real Estate Law Tort Law

What is common law?

March 26, 2026

Common law is judge-made law that develops through court decisions and precedent rather than statutes, and it remains a primary source of rules in many...

Read More →

Equity and Trusts Law Fiduciary and Constructive Trust Litigation Remedies and Injunctions

What is equity law?

March 26, 2026

Equity law is a branch of law that provides 2 main remedies—injunctions and specific performance—when money damages aren’t enough. It developed to correct unfair outcomes...

Read More →

Appellate Law Civil Litigation Criminal Defense

What is a writ?

March 26, 2026

A writ is a formal written court order directing a person, government agency, or lower court to take (or stop) a specific action. Common writs...

Read More →

Administrative Law Appellate Litigation Civil Litigation

What is a writ of mandamus?

March 26, 2026

A writ of mandamus is a court order compelling a government agency, official, or lower court to perform a legally required, non‑discretionary duty. It’s an...

Read More →

Appellate Law Civil Litigation U.S. Supreme Court Practice

What is a writ of certiorari?

March 26, 2026

A writ of certiorari is an order the U.S. Supreme Court issues to review a lower court’s decision, and it grants only about 1% of...

Read More →

Appellate Law Constitutional Law Litigation

What is an amicus curiae brief?

March 26, 2026

An amicus curiae brief is a “friend of the court” filing by a non-party that provides legal arguments, facts, or expertise to help a court...

Read More →

Appellate Law Civil Litigation Criminal Defense

What is a brief?

March 26, 2026

A legal brief is a written document that summarizes the key facts, legal issues, and governing law to persuade a court or guide a decision—often...

Read More →

Appeals & Post-Conviction Relief Criminal Defense Criminal Law

What is beyond a reasonable doubt?

March 26, 2026

Beyond a reasonable doubt is the highest burden of proof in U.S. criminal trials, requiring near certainty of guilt before a conviction. It means jurors...

Read More →

Civil Litigation Family Law Probate Litigation

What is clear and convincing evidence?

March 26, 2026

Clear and convincing evidence means the judge or jury must be firmly convinced a claim is highly probable, requiring more proof than “preponderance” but less...

Read More →

Civil Litigation Criminal Defense Evidence & Appeals

What is hearsay?

March 26, 2026

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. It’s generally inadmissible because the original speaker can’t be cross-examined, though...

Read More →

Civil Litigation Criminal Defense Family Law

What is attorney-client privilege?

March 26, 2026

Attorney-client privilege generally protects confidential communications between a lawyer and client made for legal advice (including the 5 common elements courts look for). It encourages...

Read More →