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Judge Reviewing Legal Precedent Books in Library
Appellate Law Civil Litigation
Constitutional Law

What is stare decisis?

March 26, 2026 • By Jack Gilbert
Stare decisis is the legal doctrine that courts generally follow prior judicial decisions (precedent) when deciding similar cases. It promotes stability, predictability, and equal treatment in the law, while still allowing departures when a precedent is unworkable or clearly wrong. This article explains how stare decisis works, when courts may overrule precedent, and why it […]
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Person Reviewing a Brief Document at Desk
Appellate Law Civil Litigation
Criminal Defense

What is a brief?

March 26, 2026 • By Jack Gilbert
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 within strict page limits and filing deadlines. In practice, briefs explain why a party should win (trial or appellate) or help a judge understand the record and arguments. This article […]
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Scales of Justice with Legal Documents and Gavel
Appellate Law Constitutional Law
Litigation

What is an amicus curiae brief?

March 26, 2026 • By Jack Gilbert
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 decide a case. It’s most common in appellate courts, including the U.S. Supreme Court, where organizations, governments, and interest groups often weigh in on high-impact disputes. This article explains what […]
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Judge's Gavel and Legal Documents on Desk
Administrative Law Appellate Litigation
Civil Litigation

What is a writ of mandamus?

March 26, 2026 • By Jack Gilbert
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 extraordinary remedy typically used when there’s no adequate alternative legal remedy and the petitioner has a clear right to the action requested. This article explains what mandamus is, when it’s […]
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Legal Document with Gavel and Scales of Justice
Appellate Law Civil Litigation
Criminal Defense

What is a writ?

March 26, 2026 • By Jack Gilbert
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 include habeas corpus (to challenge unlawful detention), mandamus (to compel an official duty), and certiorari (to seek higher-court review). This article explains what writs are, the main types, when they’re […]
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Subpoena Duces Tecum Legal Document with Gavel
Civil Procedure Criminal Defense
Litigation

What is a subpoena duces tecum?

March 26, 2026 • By Jack Gilbert
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 proceeding. It’s commonly used in civil and criminal cases to obtain materials like emails, contracts, medical files, or business records, and noncompliance can lead to court sanctions. This article explains […]
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Attorney Reviewing Protected Legal Documents at Desk
Civil Litigation E-Discovery & Information Governance
Legal Ethics & Professional Responsibility

What is work product doctrine?

March 26, 2026 • By Jack Gilbert
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, and investigative notes, though courts may order disclosure if the opposing party shows substantial need and cannot obtain the equivalent without undue hardship. This article explains what qualifies as work […]
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Attorney Consulting with Client at Desk
Civil Litigation Criminal Defense
Family Law

What is attorney-client privilege?

March 26, 2026 • By Jack Gilbert
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 full, honest disclosure, but exceptions like crime-fraud and waiver can defeat it. This article explains how the privilege works, key limits, and best practices to maintain confidentiality. Attorney-client privilege is […]
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Person Whispering Gossip to Another Person
Civil Litigation Criminal Defense
Evidence & Appeals

What is hearsay?

March 26, 2026 • By Jack Gilbert
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 many exceptions apply. This article explains the hearsay rule, common exceptions, and how hearsay issues arise in court. Hearsay is one of the most important concepts in evidence law, yet […]
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Judge's Gavel with Scales of Justice
Civil Litigation Family Law
Probate Litigation

What is clear and convincing evidence?

March 26, 2026 • By Jack Gilbert
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 than “beyond a reasonable doubt.” It’s often used in matters like fraud, some family-law issues, and terminating parental rights. This article explains how it compares to other standards and when […]
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Judge's Gavel and Scales of Justice Symbolizing Legal Standards
Appeals & Post-Conviction Relief Criminal Defense
Criminal Law

What is beyond a reasonable doubt?

March 26, 2026 • By Jack Gilbert
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 must have no reasonable, evidence-based doubt after considering all the evidence. This article explains the definition, how courts and juries apply it, and why it protects against wrongful convictions. Understanding […]
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