MOOT COURT VOCABULARY
petitioner/appellant ✔✔Person who appeals the case. Usually the loser. Name appears first on
the appeal.
docket ✔✔a court's calendar, showing the schedule of cases it is to hear
respondent/appellee ✔✔The party who must answer the petitioner's appeal
default judgement ✔✔a judgement entered by a court against a defendant who has failed to
appear in court to answer or defend against the plaintiff's claim
rebuttal ✔✔A counterargument presented by the other side in court
issue ✔✔the question of law on which resolution of the case turns. Should be in the form of a
question
remand ✔✔(v.) to send or order back; in law, to send back to jail or to a lower court
error of law ✔✔a mistake made by a judge in legal procedures or rulings during a trial that may
allow the case to be appealed
distinguish ✔✔when a court holding or legal reasoning of a precedent does not apply due to
materially different facts between the two cases
hypothetical ✔✔a question, often posed by an appellate court judge, that focuses on how a
particular ruling would impact other cases. The question usually explores the application of a
rule of law to various factual scenarios.
courtroom decorum ✔✔Orderly and professional atmosphere that must be observed in courts
of law.
voir dire ✔✔Jury selection process of questioning prospective jurors, to ascertain their
qualifications and determine any basis for challenge.
prejudicial error ✔✔Synonymous with reversible error; an error in the court below which
warrants the appellate court to reverse the judgment before it.
petitioner/appellant ✔✔Person who appeals the case. Usually the loser. Name appears first on
the appeal.
docket ✔✔a court's calendar, showing the schedule of cases it is to hear
respondent/appellee ✔✔The party who must answer the petitioner's appeal
default judgement ✔✔a judgement entered by a court against a defendant who has failed to
appear in court to answer or defend against the plaintiff's claim
rebuttal ✔✔A counterargument presented by the other side in court
issue ✔✔the question of law on which resolution of the case turns. Should be in the form of a
question
remand ✔✔(v.) to send or order back; in law, to send back to jail or to a lower court
error of law ✔✔a mistake made by a judge in legal procedures or rulings during a trial that may
allow the case to be appealed
distinguish ✔✔when a court holding or legal reasoning of a precedent does not apply due to
materially different facts between the two cases
hypothetical ✔✔a question, often posed by an appellate court judge, that focuses on how a
particular ruling would impact other cases. The question usually explores the application of a
rule of law to various factual scenarios.
courtroom decorum ✔✔Orderly and professional atmosphere that must be observed in courts
of law.
voir dire ✔✔Jury selection process of questioning prospective jurors, to ascertain their
qualifications and determine any basis for challenge.
prejudicial error ✔✔Synonymous with reversible error; an error in the court below which
warrants the appellate court to reverse the judgment before it.
