Appellate Law | Attorneys.Media

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 […]

Appellate Law Civil Litigation

What is precedent?

March 26, 2026 • By Jack Gilbert

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 the United States, binding precedent from higher courts generally must be followed, while persuasive precedent may guide outcomes. This article explains how precedent works, the difference between binding and persuasive […]

Appellate Law Civil Litigation

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 […]

Appellate Law Civil Litigation

What is a writ of certiorari?

March 26, 2026 • By Jack Gilbert

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 the thousands of petitions filed each year. The Court uses certiorari to focus on cases raising major federal questions or conflicts among appellate courts. This article explains what certiorari means, […]

Appellate Law Constitutional Law

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 […]

Appellate Law Civil Litigation

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 […]

Appellate Law Civil Litigation

What is an appeal?

March 26, 2026 • By Jack Gilbert

An appeal is a formal request asking a higher court to review and potentially change a lower court’s decision. It focuses on legal errors in the trial record, not a new trial or new evidence. This article explains how the appeal process works, what issues can be raised, and what outcomes to expect. An appeal […]

Appellate Law Civil Litigation

What is voir dire?

March 26, 2026 • By Jack Gilbert

Voir dire is the jury-selection process where judges and attorneys question potential jurors to identify bias and ensure an impartial jury. It occurs before trial in both criminal and civil cases and can lead to jurors being removed for cause or through limited peremptory challenges. This article explains what voir dire means, how it works […]

Appellate Law Civil Litigation

What is a mistrial?

March 26, 2026 • By Jack Gilbert

A mistrial is when a judge ends a trial early without a verdict, usually because a serious legal error, juror problem, or prejudicial event makes a fair decision impossible. It can be declared on a party’s motion or by the court, often meaning the case may be retried. This article explains what triggers a mistrial, […]

Appellate Law Constitutional Law

What is habeas corpus?

March 26, 2026 • By Jack Gilbert

Habeas corpus is a court petition that requires the government to justify a person’s detention and allows a judge to order release if the custody is unlawful. It acts as a key constitutional safeguard against being jailed without legal basis or due process. This article explains what habeas corpus means, when it’s used, and how […]

Appellate Law Constitutional Law

What is double jeopardy?

March 26, 2026 • By Jack Gilbert

Double jeopardy is the Fifth Amendment protection that generally bars a second prosecution or punishment for the same offense after an acquittal or conviction. It aims to stop the government from repeatedly trying someone until it wins, though separate sovereigns and certain mistrials can allow another case. This article explains when jeopardy attaches, what counts […]