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Scale Showing Evidence Tipping to One Side

What is preponderance of evidence?

March 26, 2026 • By Jack Gilbert

Preponderance of the evidence is the civil proof standard requiring a party to show their claim is more likely true than not—often described as just over 50% (51%). Judges or juries decide whether one side’s evidence is more persuasive than the other, unlike the higher “beyond a reasonable doubt” criminal standard. This article explains how […]

Judge's Gavel on Wooden Surface with Legal Scale

Legal Malpractice Law Media Law

What is the burden of proof?

March 26, 2026 • By Jack Gilbert

The burden of proof is the legal duty to prove a claim, and the required standard is typically “preponderance of the evidence” in civil cases and “beyond a reasonable doubt” in criminal cases. It determines which party must present evidence and how persuasive that evidence must be. This article explains the definition, who bears it, […]

Judge's Gavel with Calendar Pages Showing Time Limits

Civil Litigation Legal Malpractice

What is the statute of limitations?

March 26, 2026 • By Jack Gilbert

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 expires, courts usually dismiss the case, even if it has merit, unless an exception applies. This article explains why these limits exist, how they vary, and common tolling rules. The […]

Cease and Desist Letter Document with Pen

Business Law Intellectual Property Law

What is a cease and desist letter?

March 26, 2026 • By Jack Gilbert

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 serves as a last warning before filing a lawsuit and can resolve disputes without court. This article explains what it does, when to use it, and what to include. A […]

Judge's Gavel and Legal Documents on Desk

Civil Litigation Domestic Violence Law

What is a temporary restraining order?

March 26, 2026 • By Jack Gilbert

A temporary restraining order (TRO) is a short-term, emergency court order that can be issued quickly to protect someone from harm, threats, or harassment. It typically orders the restrained person to stop contact and stay away until a court hearing can be held. This article explains how TROs work, what they can require, and what […]

Legal Document with Gavel on Wooden Desk

Civil Litigation Domestic Violence Law

What is a restraining order?

March 26, 2026 • By Jack Gilbert

A restraining order is a court order that legally requires one person to stop certain behavior and stay away from another person. It can protect against abuse, threats, stalking, harassment, or sexual violence and may include no-contact and distance requirements. This article explains what restraining orders are, what they cover, and how they work. Understanding […]

Business Litigation Civil Litigation

What is injunctive relief?

March 26, 2026 • By Jack Gilbert

Injunctive relief is an equitable court order that compels a party to act or to stop acting to prevent irreparable harm. Courts commonly require showing likely success on the merits and that monetary damages are inadequate. This article explains what injunctions are, key standards, and common situations where they’re used. Injunctive relief is a powerful […]

Civil Rights Litigation Contract Law

What is nominal damages?

March 26, 2026 • By Jack Gilbert

Nominal damages are a token court award—often $1 to $100—given when a plaintiff proves a legal right was violated but shows no measurable monetary loss. They acknowledge wrongdoing and can support other relief like declaratory or injunctive remedies. This article explains what nominal damages are, why courts award them, and common scenarios where they apply. […]

Judge's Gavel with Money Representing Punitive Damages

Civil Litigation Insurance Bad Faith Law

What is punitive damages?

March 26, 2026 • By Jack Gilbert

Punitive damages are extra money a court may award on top of compensatory damages to punish especially reckless or intentional wrongdoing. They’re meant to deter similar misconduct, and many states limit them (often to a multiple of compensatory damages). This article explains how punitive damages work, when they’re available, and key limits. Understanding Punitive Damages […]

Gavel and Legal Documents Representing Compensatory Damages

Civil Litigation Insurance Law

What is compensatory damages?

March 26, 2026 • By Jack Gilbert

Compensatory damages are court-ordered payments meant to reimburse an injured person for economic and non-economic losses caused by another party. They commonly include medical expenses, lost income, property damage, and pain and suffering. This article explains what compensatory damages are, how they differ from punitive damages, and what they may cover. Understanding Compensatory Damages When […]

Civil Litigation Insurance Law

What is a settlement?

March 26, 2026 • By Jack Gilbert

A settlement is a legally binding agreement between two or more parties to resolve a dispute without going to trial. It typically involves negotiation and compromise, often saving time and legal costs compared with litigation. This article explains what settlements are, how they work, and why parties choose them. Understanding Settlements: The Basics A settlement […]

Mediator Facilitating Discussion Between Two Parties

Arbitration Collaborative Law

What is alternative dispute resolution?

March 26, 2026 • By Jack Gilbert

Alternative dispute resolution (ADR) is the umbrella term for resolving disputes outside court, commonly through three core methods: negotiation, mediation, and arbitration. ADR is usually faster, less expensive, and more private than litigation while allowing parties more control over outcomes. This article explains how ADR works, its benefits and limits, and when to use each […]

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