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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.
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