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A
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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.
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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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