Memory tricks for legal terminology

Courts issue writs as formal commands. These four appear constantly — habeas corpus frees the unlawfully detained, injunctions stop conduct, subpoenas compel testimony, and certiorari grants appellate review.

Criminal cases demand BARD — the highest standard, near certainty of guilt. Civil cases use POE — more likely than not (just over 50%). Think: BARD = bars someone's freedom, POE = pays out money.

Before a court hears a case, the plaintiff must have standing. PLAIN covers the constitutional minimum: a concrete injury, caused by the defendant, that a court ruling can redress.

RIL lets a plaintiff prove negligence indirectly — when the accident itself screams negligence. Classic example: a surgical sponge left inside a patient. The event wouldn't happen without someone's carelessness.

Stare decisis means courts follow prior rulings — binding precedent from higher courts in the same jurisdiction must be followed. STARE = Stay The course And Respect Existing decisions. Predictability + fairness.

Federal courts have three tiers. TACT helps you climb from the trial level (District Courts) through the 13 Circuit Courts of Appeals to the Supreme Court at the top — with cert petitions the only door to SCOTUS.

In loco parentis lets schools act as parents. Pro se means someone represents themselves. Amicus curiae briefs let outside parties weigh in. These three pop up across torts, family law, and constitutional cases.

Before a court can act, it must have jurisdiction. SMOGG covers the key types: subject matter jurisdiction (what cases the court can hear), plus personal jurisdiction over the defendant based on contacts with the forum state.

Civil law = private disputes, money damages, POE standard, plaintiff sues. Criminal law = state prosecutes, punishment including prison, BARD standard. The same act (e.g., assault) can trigger both — different parties, different outcomes.