| Ab initio |
Ab initio is Legal Latin meaning "from the start," as in the phrase, "it was legal ab initio."
|
| Able-bodied |
This means that a person is physically capable of working at a job or in the military. Frequently, it is used to describe a person who is able to earn their own living and, therefore, of supporting themselves and others in their family.
|
| Abstract |
This is typically a summary of a record or document, such as an abstract of judgment.
|
| Abstract of Judgement |
This is a written summary of a judgment. It states how much money the losing party owes to the person who won the lawsuit, the rate of interest to be paid on that amount, court costs, and any additional orders to be obeyed by the losing party. The abstract is acknowledged and stamped so that it can be recorded at the county recorder.
|
| Accept |
In layman's terms this means to receive something with approval and an intention to keep it. Legally it comes in to play over the question of accepting late or incomplete payments or in accepting delivery, or service, of legal papers.
|
| Accident |
When an event causing damage or injury occurs without the intent of the person who causes it, or when that event occurs without human intervention. An accident as a result of someone's negligence is grounds for legal action.
|
| Accord and Satisfaction |
This phrase refers to an agreement to accept less than is legally due in order to wrap up the matter. Upon payment, the debt is removed.
|
| Acknowledge |
In layman's terms, this means to generally to admit something, whether bad, good or indifferent. Legally, this means to verify statement, a deed, lease or power of attorney through a notary public or other officer, to certify it as legal.
|
| Act |
In the legal sense, an act can be an individual's intentional choice to do or not do something, as in an act of negligence. It can also mean any approved decree, law, judgement, etc., created by a legislative authority.
|
| Action |
A lawsuit in which one party sues another.
|
| Actionable |
When enough facts or circumstances are collected to legally file a legitimate lawsuit.
If the necessary facts to prove a case cannot represent a legitimate lawsuit, the case is not "actionable" and a lawsuit should not be filed.
|
| Actual Malice |
Actual malice occurs when defamatory material is published intentionally knowing it was untrue and harmful and disregarding its truth or falsehood.
|
| Accusation |
In legal sense, officially charging someone with a crime by Grand Jury indictment
or by filing charges through a District Attorney. The term can also be used to mean any claim of wrongdoing by another person.
|
| Adjudicate / Adjudication |
This is the act of giving a judicial ruling, such as a judgment or decree.
|
| 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 |
This is a hearing before any governmental agency or before an administrative law judge, but without a jury. Such hearings can range from simple arguments to what amounts to a trial.
|
| Admissible Evidence |
This refers to evidence that the trial judge finds useful to a judge or jury. Admissible evidence cannot be objected to as being irrelevant, immaterial, or violates the rules against hearsay and other objections.
|
| Admit |
This is the act of stating that something is true with regard to a complaint filed in a lawsuit. The defendant will either admit or deny each allegation in his or her answer filed with the court. Admitting to an accusation means, in criminal law, that the fact is true and or that one is confessing that they are guilty. If something is admitted into evidence, that means it is allowed to be used in a trial.
|
| Adverse Party |
This refers to the opposing side of a lawsuit.
|
| Adversary Proceeding |
Legal proceeding where parties have opposing legal interests.
|
| Agreement |
This refers to a legal contract where an offer is accepted based on specific payment criteria or other terms.
|
| Allegation |
An allegation is an unproven statement of claimed fact contained in a written complaint, which precedes a lawsuit.
|
| Amended complaint |
This is a document that is created when the person who is suing changes his or her filed complaint.
|
| Appeal |
This is when legal representation officially asks a higher court to reverse the decision of a trial court after a judgment or other legal ruling has already been finalized.
|
| Appellate Court |
This is the court with the legal power to hear and review the appeal from a lower court.
|
| Arbiter |
Arbiters act can act as mediators or court-appointed referees to determine the answer to question.
|
| As -is |
This is a condition in a sales contract where the buyer agrees to take an item, having sufficiently inspected it, and therefore does not have the right to complain if it is faulty.
|
| Assault |
The threat or attempt to strike someone, whether it is successful or unsuccessful. The target must be aware that there is danger, and the assaulter must be reasonably capable to carry through with the attempt to harm.
|
| Assault and battery |
This refers to the double combination of threat (assault) and actual beating (battery).
|
| Assigned risk |
This is the term for a person whose official driving record lists so many tickets and other signs of bad driving, that commercial auto insurance is not available to them, and they must instead join a special insurance program for risky drivers.
|
| Assumption of the Risk |
When a person knowingly takes a chance in a potentially dangerous situation. If risk is assumed to be too obviously hazardous, this can be used by a plaintiff in a negligence suit for their defense.
|
| Attorney |
This is can refer to any agent or someone authorized to act for another, but most frequently it indicates a person who has been qualified by a state or federal court to provide legal services, including appearing in court.
|
| Attorney-client Privilege |
This means that an attorney is not permitted to reveal any information or documents shared between himself and his client, and allows to client to speak more candidly.
|
| Authority |
This is a combination of permission and the power to act, or give others permission to act.
|
| Award |
The decision of a judge or arbitrator to give a judgment of money to a party within lawsuit or other claim.
|
