Jack Gilbert

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Civil Litigation E-Discovery & Information Governance Legal Ethics & Professional Responsibility

What is work product doctrine?

March 26, 2026

The work product doctrine generally protects an attorney’s materials prepared in anticipation of litigation from discovery in civil cases. It shields legal strategy, mental impressions,...

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Civil Procedure Criminal Defense Litigation

What is a subpoena duces tecum?

March 26, 2026

A subpoena duces tecum is a court-issued order requiring a person or organization to produce specific documents, records, or other tangible evidence for a legal...

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Business Law Intellectual Property Law Litigation & Dispute Resolution

What is a cease and desist letter?

March 26, 2026

A cease and desist letter is a written legal notice demanding a person or business stop a specific action that violates your rights. It often...

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Civil Litigation Legal Malpractice Professional Responsibility & Ethics

What is the statute of limitations?

March 26, 2026

The statute of limitations is a legal deadline—often 1–6 years, depending on the claim and state—to file a lawsuit or bring criminal charges. Once it...

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