Supreme Court of Pennsylvania
Historical Commission
Est. 2023
A.2d: Of the citation formats you are likely to encounter in Pennsylvania Supreme Court opinions, the Atlantic Reporter is the most common. A typical citation might look like 482 A.2d 849, 851 (Pa. 1999), indicating that the quoted text is found on page 851 of an opinion beginning in the 482 Volume of the Atlantic Reporter Second Series on Page 849 issued by the Pennsylvania Supreme Court in 1999.
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ab initio (ab i-nish-ee-oh) adv. [Latin] From the beginning - Black's Law Dictionary, Tenth Ed.
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allocatur: commonly known as certiorari in other jurisdictions, the discretionary allowance of appeal by the Pennsylvania Supreme Court. .
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amicus curiae: "friend of the court" who provides information to help a court make its decision
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Appellant: The party seeking relief on appeal alleging errors below
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Appellee: The party defending arguing against the alleged errors of Appellant
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arguendo: a hypothetical argument made without concession that the facts are applicable to the case
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Assignment of Errors: Alleged mistakes made by the lower court​
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assumpsit: the breach of an express or implied promise to do some act or pay something
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certiorari: a discretionary review of a lower court decision
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contra.: short for contradistinction and meant to point out substantive differences in cases
damages: court-ordered monetary compensation for a loss or injury
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Defendant in Error: On appeal the successful party in the court below would be the Defendant in Error. In today's appellate courts, the Defendant in Error would be either an Appellee or Respondent.
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de novo: Anew. In appellate opinions you most often will see this term in briefs or opinions as to the Supreme Court's scope and standard of review. In some questions brought on appeal the Supreme Court may be limited to find whether the lower court abused its discretion or they may not be constrained and may be able to review the issue de novo.
Ejectment: The ejection of an owner or occupier from a property or a legal action to recover property wrongfully taken.
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Eminent domain: the power of the government to seize private property for public use, with proper compensation to the owner.
​​ex relatione: From latin meaning on behalf of.
indictment: the formal, written charges made by a grand jury against the defendant
jurisdiction: The power of a court to decide a case. For example, in the typical criminal case the county Court of Common Pleas has jurisdiction to conduct the trial, Superior Court would have jurisdiction over the direct appeal, and after the Superior Court's decision the Pennsylvania Supreme Court would have jurisdiction. There are exceptions of course; in capital cases, the Supreme Court, not the Superior Court, has jurisdiction over the direct appeal.
King's Bench: Based on English common law, the Pennsylvania Supreme Court has the power to consider any case pending, and sometimes, not pending in a lower court to address issues of immediate public importance.
lien: a legal right that a creditor has over another's property until a debt is paid
Mandamus: a writ issued by a court towards a lower court or government official to perform a particular act
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Master and Servant: Any relationship in where one person (the Master) has power of the other (the Servant) (ex. Employer/Employee)
negligence: The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation - Black's Law Dictionary, Tenth Ed.
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Nisi Prius: A civil trial court in which, unlike in an appellate court, issues are tried before a jury. - Black's Law Dictionary, Tenth Ed.​
n.o.v.: An initialization of a Latin term translated to English as "not withstanding the verdict." Typically, this is used to refer to an instance in which the trial judge overturns the jury verdict.
objection: Today, this term mostly refers to formally alleging an error in the trial court, but in the past this term was also applied at the appellate level.
Orphans' Court: A division of the county Court of Common Pleas that typically handles family-related cases (wills, divorces, custody, etc.)
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Oyer and Terminer: Since abolished, the Courts Oyer and Terminer were courts of criminal jurisdiction in Pennsylvania
Paper-book: In today's parlance, a paper-book would be the brief filed by the parties framing the law and arguing why the lower court erred.
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PCRA: Post-Conviction Relief Act. After being convicted of a crime, defendants are afforded two chances at appeal by statute. The first set of appeals typically deals with alleged errors made by the prosecutor, judge, or jury. The second set of appeals typically deal with errors made by defense counsel both at trial and during the first appellate phase. There are strict allowances for additional PCRA appeals, mostly limited to after-discovered evidence not known at the time of trial or appeal.
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per curiam: As opposed to a single-justice opinion or order, per curiam is translated from Latin as "by the court as a whole"
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Petitioner in Error: On appeal the successful party seeking relief would be the Petitioner in Error. In today's appellate courts, the Petitioner in Error would be either an Appellant or Petitioner
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prima facie: appearing to be true on first examination, but subject to further review
Quarter Sessions: William Penn established the Court of Quarter Sessions which met four times per year to try serious criminal offenses and decide other public issues in its county. The Commonwealth's courts of Quarter Session were consolidated with the Court of Common Pleas in Pennsylvania's 1968 constitution.
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quash: to annul or make void; to terminate - Black's Law Dictionary, Tenth Ed.
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quo warranto: Literally translated from Latin as "by what authority," this is a common law challenge a person's claim to public office
recognizance: a monetary bond or obligation used as promise to the court to perform some function or appear when called
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relator: someone who applies for a writ or, in modern usage, someone on whose behalf a court case is taken
scire facias: a writ requiring someone to appear a show cause why a dormant judgment should not be enforced
testatrix: A woman who leaves a will. In modern times, courts use the gender-neutral term testator.
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trespass: The modern usage of trespass typically refers to a crime committed against another person or their property. However, historically, lawyers used to term much more broadly to refer to any wrongful act.
venire de novo or venire facias de novo: a writ for a new trial
writ: a court's written order