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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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