Supreme Court of Pennsylvania
Historical Commission
Est. 2023
​ab initio (ab i-nish-ee-oh) From the beginning - Black's Law Dictionary, Tenth Ed.
​
actus reus: The physical components of violating a law. One of two components necessary to secure a criminal conviction - the other being mens rea.
​
allocatur: commonly known as certiorari in other jurisdictions, the discretionary allowance of appeal by the Pennsylvania Supreme Court. .
​​​
amicus curiae: "friend of the court" who provides information to help a court make its decision
​
Appellant: The party seeking relief on appeal alleging errors below
​
Appellee: The party defending arguing against the alleged errors of Appellant
​
arguendo: a hypothetical argument made without concession that the facts are applicable to the case
​
Assignment of Errors: Alleged mistakes made by the lower court​
​
assumpsit: the breach of an express or implied promise to do some act or pay something
​
certiorari: a discretionary review of a lower court decision
​
citations (Court Decisions): 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 Commonwealth v. Smith, 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 (A.2d) on Page 849 issued by the Pennsylvania Supreme Court (Pa.) in 1999. The format of citations are standardized by the legal Blue Book.
​
citations (Id.): Abbreviated from the Latin, idem, meaning the same. You may see a citation Commonwealth v. Smith, 482 A.2d 849, 851 (Pa. 1999). Following that citation the opinion may cite to the same opinion using id. or id. at 855. If another case was cited after Smith, id. would refer to that case, instead.
​
citations (Rules of Court): Every court has its own rules that dictate how litigation proceeds. They establish filing deadlines, procedures for filing pleadings and responses, and generally keeping litigation orderly. You may see rule citations such as Pa.R.A.P. 105 (Rule 105 of the Rules of Appellate Procedure) or Pa.R.Crim.P. 600 (Rule 600 of the Pennsylvania Rules of Criminal Procedure).​
​
citations (Statutes or the Constitution): You will see multiple citatio
​
citations (supra or contra): Supra is a way of referring to similar, previously-cited opinions. Contra indicates that the cited authority stands contrary to a given view.​​
​​
culpability: 2. The mental state that must be proved for a defendant to be held liable for a crime - Black's Law Dictionary, Tenth Ed.
damages: court-ordered monetary compensation for a loss or injury
​
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.
​
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.
​
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
​
in limine: Latin for "at the outset." Litigants may file motions in limine that are submitted for a judge's decision either before or during a jury trial.
​
inter alia: Latin for "among other things"
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
​
Master and Servant: Any relationship in where one person (the Master) has power of the other (the Servant) (ex. Employer/Employee)
​
mens rea: In order to prove a crime, the prosecution must prove the defendant was in the state of mind to commit the crime being charged. For example, if someone accidentally walks out of a store without paying the did not have the mens rea to steal. Mens rea is one of two conditions that must be proven to secure a conviction. The other is actus reus.
​
mock trial: Not to be confused with moot court, which is an appellate argument, a mock trial involves conducting a trial (typically a jury trial).
​
moot: Typically, there needs to be an ongoing controversy for the court to issue an appellate decision. After an appeal is filed, a case could be settled by the parties or some other action (the death of a party or the modification/repeal of the statute in question) may render a case moot. There are exceptions to mootness where an appellate court may issue a decision, but typically there needs to be an active case.
​
moot court: A moot appellate argument students conduct or a practice session that lawyers may conduct to rehearse in advance of appellate argument.
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.
​
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.
opinion (types):
majority: Currently, the seven justices on Pennsylvania Supreme Court vote on the outcome of the case. If four of seven are in agreement, the most-senior justice in the majority selects which justice will author the opinion on behalf of the majority. The majority opinion is then circulated to the court for amendment and to allow justices in the minority to write dissenting opinions. Typically, an opinion is considered "stronger" precedent the more justices there are in the majority. Additionally, justices in the majority can write their own concurring opinions in which they explain their reasoning or they can author concurring and dissenting opinions in which they agree with the outcome of the case, but may disagree with the reasoning of the majority opinion.
​
concurring: A justice who agrees with the majority may write their own opinion. While a justice can write a concurring opinion for many reasons, typically their opinion explains their legal reasoning or position which does not have support from the rest of the majority. Likewise, a justice could author a concurring and dissenting opinion in which they agree with the outcome, but disagree with the majority opinion's reasoning.
​
dissenting: Justices in the minority can (an often do) author their own opinions explaining their reasoning. A dissenting opinion can change the votes of justices in the majority, but more often dissenting opinions can serve as blueprints for courts in the future to change the course of the law.
​
announcing the judgment of the court: An Opinion Announcing the Judgment of the Court is issued when there is a majority of justices agreeing with outcome or mandate of the opinion, but there is no agreement as to the legal reasoning used to get to that outcome.
​
in support of _________: While there is typically an odd number of justices, for whatever reason there may be an even number of justices that vote on a case. If there is a tie, the lower appellate court opinion ​stands, but does not establish precedent. Opinions in Support of Affirmance (meaning the lower court's ruling should stand) and Opinions in Support of Reversal are often authored by individual justices explaining their reasoning.​
​​
Orphans' Court: A division of the county Court of Common Pleas that typically handles family-related cases (wills, divorces, custody, etc.)
​
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.
​
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.
​
per curiam: As opposed to a single-justice opinion or order, per curiam is translated from Latin as "by the court as a whole"
​
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
​​​
prima facie: appearing to be true on first examination, but subject to further review
​
pro se: To represent oneself without an attorney. Mistakes made by pro se litigants can often involve waiver. As a result, the trial court will often conduct a hearing to make sure the litigant is proceeding pro se knowingly, willfully and with the understanding that proceeding pro se will not excuse their mistakes and may result in waiver.
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.
​
quash: to annul or make void; to terminate - Black's Law Dictionary, Tenth Ed.
​
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
​
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
​
stare decisis: The judicial doctrine that a prior decision which established the law (precedent) should be followed when presented with similar facts. Stare decisis provides stability in the practice of law, but may be overturned under extraordinary circumstances. For example, the US Supreme Court decision in Plessy v. Ferguson, 163 U.S. 537 (1896), established the "separate but equal" as precedent on the federal level allowing for segregation in the southern states. Stare decisis kept that as the law until sixty years of data proved that separate was not equal and the court overturned Plessy in its decision in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).
​
statute of limitations and statute of repose: The Pennsylvania General Assembly may pass statute of limitations in which civil claims are barred after a certain time period after the injury. Additionally, there are statutes of limitations for criminal offences in which the Commonwealth is barred from prosecuting a defendant after a certain amount of time from the commission of a crime. Typically, the statute of limitations for minor crimes is shorter than more serious offenses. A statute of repose, on the other hand, limits the time from which a civil suit can be brought after the defendant has taken action. For example, a manufacture could design, build, and sell a ladder that is found to be defective after a series of accidents occur. However, the statute of repose may bar a civil suit if those accidents occurred after the designated time from manufacturing has elapsed.
​​
sua sponte: Typically, a litigant makes a request for relief to the court with the appropriate legal authority and argument, a response from opposing parties is filed, and the court makes their decision. However, by its own motion, sua sponte, the court can take action outside of the scope requested by the litigants.
​
sub judice: Currently before the court.
testatrix: A woman who leaves a will. In modern times, courts use the gender-neutral term testator.
​
tort: A civil wrong for which damages may be awarded. Tort excludes breach of conduct and typically - a culpable, intentional act that causes harm; a culpable, unintentional act that unintentionally causes harm; a culpable act that involves a reasonable risk of harm; or act absent of fault that, because of the hazards involved, still results in damages because the law imposes strict liability.
​
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
waive: 1. To abandon, renounce, or surrender (a claim, privilege, right, etc.); to give up (a right or claim) voluntarily - Black's Law Dictionary, Tenth Ed.
​
writ: a court's written order