|
A
B C
D E
F G
H I
J K L
M N
O P
Q R
S T
U V
W X Y Z #
Click on the first letter of the word from the list
above to go to the appropriate section of the
glossary.
- A -
Abstract of Title: A chronological summary
of all official records and recorded documents
affecting the title to a parcel of real property.
Accomplice: 1. A partner in a crime. 2. A
person who knowingly and voluntarily participates with
another in a criminal activity.
Acknowledgment: 1. A statement of acceptance
of responsibility. 2. The short declaration at the end
of a legal paper showing that the paper was duly
executed and acknowledged.
Acquit: To find a defendant not guilty in a
criminal trial.
Action. In the legal sense, a formal
complaint or a suit brought in court.
Additur: An increase by a judge in the
amount of damages awarded by a jury.
Adjudication: Giving or pronouncing a
judgment or decree. Also the judgment given.
Ad Litem: A Latin term meaning for the
purposes of the lawsuit. For example, a guardian
"ad litem" is a person appointed by the
court to protect the interests of a minor or legally
incompetent person in a lawsuit.
Administrative Agency. Governmental body
responsible for administering and implementing a
particular legislation, such as laws governing traffic
safety or workers' compensation. These agencies may
have rulemaking power and judge-like authority to
decide disputes.
Administrative Hearing. Proceeding before an
administrative agency which consists of an argument, a
trial, or both. Rules governing the proceeding,
including rules of evidence, are generally less strict
than in civil or criminal trials.
Administrator: Person appointed by a court
to administer a deceased person's estate. The person
may be male (in which case, he would be referred to as
the "administrator") or female (in which
case, she would be referred to as the "administratrix").
Admissible evidence: Evidence that can be
legally and properly introduced in a civil or criminal
trial.
Adversary Proceeding. Legal proceeding
involving parties with opposing interests, with one
party seeking legal relief and the other opposing it.
Affiant: A person who makes and signs an
affidavit.
Affidavit: A written statement of facts
confirmed by the oath of the party making it, before a
notary or officer having authority to administer
oaths. For example, in criminal cases, affidavits are
often used by police officers seeking to convince
courts to grant a warrant to make an arrest or a
search. In civil cases, affidavits of witnesses are
often used to support motions for summary judgment.
Agreement: Mutual assent between two or more
parties; normally leads to a contract; may be verbal
or written.
Aid and Abet: To actively, knowingly or
intentionally assist another person in the commission
or attempted commission of a crime.
Allegation. The claim made in a pleading by
a party to an action setting out what he or she
expects to prove.
Alternative Dispute Resolution: Settling a
dispute without a full, formal trial. Methods include
mediation, conciliation, arbitration, and settlement,
among others.
Amicus Curiae. (Latin: "friend of the
court.") Person or organization that files a
legal brief with the court expressing its views on a
case involving other parties because it has a strong
interest in the subject matter of the action.
Appeal. Request to a superior or higher
court to review and change the result in a case
decided by an inferior or lower court or
administrative agency.
Appearance: 1. The formal proceeding by
which a defendant submits to the jurisdiction of the
court. 2. A written notification to the plaintiff by
an attorney stating that he or she is representing the
defendant.
Appellate Court. A court having jurisdiction
to hear an appeal and review the decisions of a lower
or inferior court.
Arbitration: A form of alternative dispute
resolution in which the parties bring their dispute to
a neutral third party and agree to abide by his or her
decision. In arbitration there is a hearing at which
both parties have an opportunity to be heard.
Arbitrator: A person who conducts an
arbitration.
Arraignment: A proceeding in which an
individual who is accused of committing a crime is
brought into court, told of the charges, and asked to
plead guilty or not guilty. Sometimes called a
preliminary hearing or initial appearance.
Arrest: To take into custody by legal
authority.
Assault. A willful attempt or threat to harm
another person, coupled with the present ability to
inflict injury on that person, which causes
apprehension in that person. Although the term
"assault" is frequently used to describe the
use of illegal force, the correct legal term for use
of illegal force is "battery ."
Assumption of the Risk. When a person
voluntarily and knowingly proceeds in the face of an
obvious and known danger, she assumes the risk. A
person found to have assumed the risk cannot make out
the duty element of a negligence cause of action. The
theory behind the rule is that a person who chooses to
take a risk cannot later complain that she was injured
by the risk that she chose to take. Therefore, she
will not be permitted to seek money damages from those
who might have otherwise been responsible.
Attorney-Client Privilege. Client's
privilege to refuse to disclose and to prevent any
other person from disclosing confidential
communications between the client and his or her
attorney.
Attorney-in-Fact: A private person (who is
not necessarily a lawyer) authorized by another to act
in his or her place, either for some particular
purpose, as to do a specific act, or for the
transaction of business in general, not of legal
character. This authority is conferred by an
instrument in writing, called a letter of attorney, or
more commonly a power of attorney.
Attorney of Record: The principal attorney
in a lawsuit, who signs all formal documents relating
to the suit.
Email this Page | Print this Page
|
