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Glossary
Post-trial motions, remittitur, standards of review, and appellate practice following complex verdicts.
post-trial-and-appeals
Abuse of discretion is the deferential standard applied to discretionary trial court rulings, reversed only where the decision was unreasonable.
Affirmance is the appellate court's decision upholding the lower court judgment.
An amicus curiae brief is filed by a non-party to provide perspective on the broader implications of a case.
An appeal is review of a trial court's judgment by a higher court for legal error, decided on the existing record without new evidence.
An appeal bond cap limits the security a defendant must post to stay enforcement pending appeal.
An appellate brief presents the legal argument on appeal, structured by issue with record citations and the standard of review.
An appellate panel is the group of judges, typically three, assigned to decide an appeal.
An attorney fee petition seeks an award of fees under a statute, contract, or recognized exception.
A bill of costs is the prevailing party's itemized request for statutorily recoverable litigation costs.
Clear error is the deferential standard applied to a trial court's factual findings on appeal.
The collateral order doctrine permits immediate appeal of orders conclusively resolving important issues separate from the merits.
A cross-appeal seeks to alter the judgment in the appellee's favor, distinguished from defending it on other grounds.
De novo review is appellate consideration of a legal question without deference to the trial court's conclusion.
En banc review is reconsideration by the full court rather than the three-judge panel that decided the appeal.
Entry of judgment is the clerk's recording of the judgment, which starts appeal and post-trial motion deadlines.
Harmless error is a mistake that did not affect the outcome and therefore does not require reversal.
An interlocutory appeal is review of a non-final order, permitted only through specific statutory or rule-based gateways.
Judgment enforcement is the process of collecting a money judgment through execution, garnishment, and liens.
A juror misconduct motion seeks relief based on improper juror conduct during trial or deliberations.
The mandate is the appellate court's formal transmission of its judgment, returning jurisdiction to the lower court.
A motion for new trial asks the court to set aside the verdict and retry the case due to error, misconduct, or a verdict against the weight of the evidence.
A notice of appeal is the short filing that initiates an appeal, and its deadline is jurisdictional and generally cannot be extended.
Appellate oral argument is the panel's opportunity to question counsel about the briefed issues.
A petition for certiorari seeks discretionary review by a court of last resort in state or federal systems.
A petition for certiorari asks the Supreme Court to review a lower court decision, granted at its discretion.
Plain error review permits correction of unpreserved errors that are obvious and affect substantial rights.
Post-trial motions ask the trial court to change the outcome after verdict, and they are generally required to preserve issues for appeal.
Preservation of error is the requirement that issues be raised in the trial court to remain available for appellate review.
The record on appeal comprises the materials the appellate court may consider in reviewing the judgment.
Appellate remand returns a case to the lower court for further proceedings consistent with the appellate decision.
A renewed judgment as a matter of law asks the court to enter judgment contrary to the verdict because no legally sufficient evidence supported it.
Reversal is the appellate court's decision setting aside a lower court judgment.
A Rule 23(f) appeal is a discretionary interlocutory appeal from an order granting or denying class certification.
Rule 54(b) certification permits immediate appeal of a judgment resolving fewer than all claims or parties.
A Rule 59(e) motion asks the court to alter or amend a judgment, filed within a short non-extendable period.
A Rule 60(b) motion seeks relief from a final judgment on grounds including mistake, new evidence, and fraud.
Satisfaction of judgment is the formal record that a judgment has been paid and is no longer enforceable.
Section 1292(b) certification permits discretionary appeal of a non-final order involving a controlling question of law.
The standard of review is the degree of deference an appellate court gives a trial court ruling, and it frequently determines the appeal's outcome.
A stay pending appeal suspends enforcement of a judgment while the appeal proceeds.
Substantial evidence review asks whether the record contains enough evidence for a reasonable factfinder to reach the conclusion.
A supersedeas bond is security posted by an appellant to stay enforcement of a money judgment during appeal.
Vacatur nullifies a judgment or order, treating it as though it had not been entered.
A challenge that a verdict is against the weight of the evidence seeks a new trial rather than judgment.
Waiver is intentional relinquishment of a known right while forfeiture is failure to assert it in time.
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