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A
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F G
H I
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K L M
N O
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T U
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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.
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