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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.
- 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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