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| Ab Initio |
| | A Latin term which means 'from the beginning.' |
| Abatement |
| | 1) Eliminating or nullifying. 2) A suspension of proceedings in a pending action for a reason unrelated to the merits of the cause. 3) Decreasing, reducing or lessening an amount. For example, when an estate doesn't have enough property to fulfill bequests made in the will, debts, and expenses, then gifts left in the will are reduced to pay items given priority under law or the will itself. |
| Abrogate |
| | To repeal, abolish or annul a law or custom by legislative action, constitutional authority or usage. |
| Abstract of Title |
| | An abridged or abbreviated case history of the title to a piece of land. The abstract includes all conveyances, transfers, liabilities, covenants against or burdens upon the land |
| Accessory |
| | A person who aids or contributes in helping another commit a felony. For example, assisting or encouraging another to commit a felony, or helping to conceal evidence or the perpetrator after the fact. For example, helping a robber to escape arrest by hiding them would make you an 'accessory after the fact.' |
| Accomplice |
| | A person who knowingly and intentionally helps another person (the principal offender) commit a crime. Differs from an accessory because an accomplice is usually present when the crime is committed. Usually receives the same sentence as the principal offender. For instance, the lookout gunman of a bank robbery is guilty even though he may not have entered the building. |
| Accord and Satisfaction |
| | Where an existing debt is substituted with a new agreement, together with discharge of the debt upon performance of the new agreement. Accord is the new agreement and the discharge of the debt is called the satisfaction. |
| Acquittal |
| | A decision, usually by a jury, that the defendant in a criminal case is not guilty. It does not imply innocence, just that there is not enough evidence for a guilty verdict. |
| Act of God |
| | An extraordinary, unexpected, natural catastrophe which no person can prevent such as a title wave, earthquake, hurricane, or tornado. This may be a valid defense in contract law when one party is unable to fulfill a commitment, such as completion of a construction project on time. |
| Actual Damages |
| | See Damages. |
| Actus Reus |
| | Latin term for an evil action and describes the external objective elements of a crime. This is the action or deed that the law prohibits. |
| Ad Valorem |
| | Latin term "according to value" especially for property assessed for taxes. |
| Ademption |
| | Term used in wills and estates. The destruction or extinction of a bequest of property in a will. The gift is not part of the estate at the time of the persons death possibly because it was sold, destroyed or given away prior to the will makers death. Therefore the gift fails because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. For example, father leaves son his antique car in his will, but sells it prior to his death. The gift is adeemed and the son receives nothing in place of the car. |
| Admissible Evidence |
| | Evidence that a judge or jury may take into account because it is relevant and reliable. |
| Adverse Possession |
| | A method by which one can legally gain title to another's real property without paying for it. Requirements vary by state, but usually include obvious occupancy or possession of the land along with payment of taxes on the real property in question. |
| Advisory Board |
| | A group formed to provide opinions or make suggestions to some other body or official. |
| Affiant |
| | One who signs an affidavit. |
| Affidavit |
| | A voluntary written declaration of facts of which the signer swears to, under oath, before an officer authorized to take oaths (ex. notary public). |
| Affirmative Action |
| | Actions designed to eliminate past and continuing discrimination. Such programs and regulations are in place to compensate for past discriminatory practices and create procedures to prevent future discrimination. For example, a mostly white college program may give preference to other minorities in the application process. |
| Affirmative Defense |
| | Affirmative defenses offer an explanation for the defendant's actions that limit, excuse or defeat the plaintiff's or prosecution's claim, even though the allegations in the complaint are true. Examples are self-defense, insanity and duress. |
| Age Discrimination in Employment Act (ADEA) |
| | A federal law that prohibits job discrimination against workers over the age of 40 in employment decisions that have negative effect, especially firing. Applies to businesses with more than 20 employees and to all government entities. |
| Age of Majority |
| | Age at which the law defines someone as an adult and attains full legal rights, both civil (can enter into a binding contract) and political (right to vote). Defined by statute, usually the age of majority is 18. |
| Agency |
| | A government agency is a permanent or semi-permanent organization that is responsible for the oversight and administration of specific functions and is normally distinct from a Department and other types of public body. The functions of an agency are normally executive in character since different types of organizations, such as commissions, are normally used for advisory functions. The term agency is not normally used for an organization created by the powers of a local government body and can be established by legislation or by executive powers. |
| Agenda |
| | May also be known as a docket, an agenda is a list of meeting activities in the order in which they are to be taken up, beginning with the call to order and ending with adjournment. It usually includes one or more specific items of business to be considered and may include specific times for one or more activities. |
| Agent |
| | One who is authorized to act for and under the direction of another person. The principal is the person who appoints an agent and whom the agent acts for. Agents can enter into binding agreements on the principal's behalf or even create liability if he/she causes injury while acting as the principal's agent. For example, and employer/employee relationship. |
| Aggravating Circumstance |
| | A fact or situation that makes a crime more serious, thus increasing the offender's penalty or punishment. For example, presence of a deadly weapon or reckless disregard for another's safety. A physical attack is an aggravated assault when a gun, knife or blunt instrument is used. |
| Allegation |
| | A statement which declares something to be true or asserts a matter of fact. In a legal pleading it is a party's statement describing what the party's position is without having yet proved it to be true. Until the statement is proved it is an allegation. |
| Alternative Dispute Resolution (ADR) |
| | A method for settling a dispute out of court including arbitration, negotiation and mediation. These methods can be both faster and cheaper than litigation. |
| Americans With Disabilities Act (ADA) |
| | A federal law that prohibits discrimination against any person with a disability (physical or mental) in employment, public services (ex. restaurants) and public accommodations (ex. hotels). Applies to both private and governmental entities. |
| Amicus Curiae |
| | Latin for 'friend of the court.' A person or organization that is not a party to a lawsuit (neither plaintiff nor defendant) but files a brief or participates in the argument because they have a strong interest in the case. For example, in a civil rights case the American Civil Liberties Union (ACLU) may submit materials in support of the person claiming that their civil rights have been violated even though he/she has an attorney. |
| Annulment |
| | A court procedure that makes a marriage void. An annulment treats a marriage as if it never happened, where a divorce simply terminates a marriage. |
| Appeal |
| | A request to have a lower court's decision reconsidered by a higher court. The review is not of facts or evidence but of application of the law, of legal argument and not related to evidence or facts. The appellant is the one appealing to a higher court as they were the ones who lost part or all of their case in the lower court. The appellee is the party in which the lower court's decision was in favor of. |
| Appellant |
| | The party which lost at the trial court level and thus files for an appeal to reverse or modify that decision. |
| Appellee |
| | The party who must respond to an appeal. This is the party in a lawsuit that won at the trial court level, but because the appellant (loser at trial court level) appealed the decision they must now respond to that appeal |
| Appointed Official |
| | A person who holds an office in an organization or government entity and who participates in the exercise of authority. Officials may be appointed ex officio (by virtue of another office) often in a specified capacity, such as presiding, advisory, or secretary. |
| Arbitration |
| | A form of dispute resolution, conducted by one or more neutral third parties. Arbitration may be required by law, be required by contract (arbitration clause), or may be agreed to by the disputing parties. Arbitration is usually quicker and a less costly than a court trial. |
| Arbitrator |
| | A neutral third party (one or more persons) who conducts an arbitration in order to resolve disputes between opposing parties. |
| Arraignment |
| | In a criminal case this is the initial step where the defendant appears before a court to hear the charges brought against him/her and enters a plea (guilty, not guilty). |
| Arrest warrant |
| | Issued when there is probable cause, an arrest warrant is a judge's authorization which allows a law enforcement officer to arrest and bring a person to court. |
| Assault |
| | The threat, attempt, or use of force on another that makes the targeted person feel threatened or concern for imminent harm. Physical contact is not necessary as threats to commit a battery can constitute an assault. |
| Assignment |
| | The transfer of rights or property to another. |
| At Will Employment |
| | Employment that can be terminated at any time by either the employer or employee. This provision is found in many employment contracts. |
| Attorney General |
| | This is the chief law enforcement officer of the State, and the federal government, whose office advises the executive branch on legal matters and administers policies. In most jurisdictions the attorney general is the main legal advisor to the government and in some jurisdictions may, in addition, have executive responsibility for law enforcement or responsibility for public prosecutions. |
| Attorney in Fact |
| | One who is designated to act on behalf of another. The document granting such power is called a "power of attorney" and specifies the power and responsibilities of the designation. |
| Attorney Work Product |
| | Materials prepared in anticipation of civil litigation. This includes materials prepared by persons other than the attorney himself as long as they were prepared with the realistic possibility of impending litigation. It also includes interrogatories, signed statements, or other information acquired for the prosecution or defense of a case, such as memoranda, briefs, or other writings prepared by counsel for his own use in his client's case. Impressions, conclusions, opinions, or legal theories are usually considered attorney work product. The work-product doctrine is less powerful than the attorney-client privilege because it is not a privilege, and therefore may be overcome by a showing of necessity. |
| Attorney-Client Privilege |
| | Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. This encourages open and honest communication between clients and attorneys, which is thought to promote obedience to law and reduce the chance of illegal behavior, whether intentional or inadvertent. The attorney-client privilege is considered one of the strongest privileges available under law. The exceptions to this privilege are; for the disclosure of confidential information when there is reasonable belief the disclosure is necessary to prevent a crime that will likely result in death or serious bodily injury; in defense of accusations of negligent representation or completion of services for receipt of a fee; and where the court would otherwise subpoena the attorney's disclosure in the interests of justice. This privilege generally does not terminate upon the client's death and continues on in perpetuity. |
| Attractive Nuisance |
| | Dangerous equipment or other condition that may attract children but also causes a risk to their safety. Examples include unfenced swimming pools, open pits, tractors, open refrigerators and open appliances. |
| Audit Report |
| | The Auditor's report is a formal opinion, or disclaimer, issued by either an internal or an independent external auditor as a result of an audit or evaluation performed on a legal entity or person. The report is then provided to an individual or an entity as an assurance service to make decisions based on the results of the audit. |
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