Legal Terminology

AGREEMENT

A mutual understanding and intention between two or more parties. The writing or instrument which is evidence of an agreement. (Although often used as synonymous with contract, agreement is a broader term.)

ANNOTATION

A case summary or commentary on the law cases, statutes, and rules illustrating its interpretation.

ABSTRACT OF TITLE

A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

APPEARANCE

A coming into court as party or interested person or as a lawyer on behalf of party or interested person.

APPELLATE COURT

A court having jurisdiction to hear appeals and review a trial court's procedure.

BAILIFF

A court officer who has charge of a court session in the matter of keeping order and has custody of the jury.

ALIMONY

A court-ordered allowance that one spouse pays the other spouse for maintenance and support while they are either separated, pending suit for divorce, or after they are divorced.

ALLOCUTION

A defendant's statement in mitigation of punishment.

ALIBI

A defense claim that the accused was somewhere else at the time a crime was committed.

ACCUSATION

A formal charge against a person, to the effect that he has engaged in a punishable offense.

BAIL REVIEW

A hearing established to re-evaluate the bail amount that was originally set for the accused.

ALTERNATE JUROR

A juror selected as substitute in case another juror must leave the jury panel

ACCORD AND SATISFACTION

A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.

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.

AWARD

A decision of an Arbitrator.

BAR

1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.

ADMINISTRATOR

1. One who administers the estate of a person who dies without a will. 2. A court official.

ABANDONMENT

A parent's or custodian's act of leaving a child without adequate care, supervision, support, or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.

ACCESSORY

A person who aids or contributes in the commission of a crime.

BAIL BONDSMAN

A person who is the liable party in paying the bond for the defendant's release from jail.

AFFIANT

A person who makes and signs an affidavit.

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.

ARRAIGNMENT

A proceeding in which the accused is brought before the court to plead to the criminal charge in the indictment or information. The charge is read to him or her and he or she is asked to plead guilty or not guilty or, where permitted, nolo contendere (no contest). Another term for preliminary hearing.

APPEAL

A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal."

ACCORD

A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.

ABSTRACT OF RECORD

A short, abbreviated form of the case as found in the record.

AFFIRMATION

A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

ALFORD PLEA

A special type of guilty plea by which a defendant does not admit guilt but concedes that the State has sufficient evidence to convict; normally made to avoid the threat of greater punishment.

BAR EXAMINATION

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

AGREED STATEMENT OF FACTS

A statement of all important facts, which all the parties agree is true and correct, which is submitted to a court for ruling.

ABATEMENT OF ACTION

A suit which has been quashed and ended.

ABSTRACT

A summary of a larger work, wherein the principal ideas of the larger work are contained.

ADJOURNMENT

A temporary postponement of the proceedings of a case until a specified future time.

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.

ACTUAL PLACE OF BUSINESS

Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

ATTORNEY-AT-LAW

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

ASSAULT WITH A DEADLY WEAPON

An aggravated unlawful assault in which there is threat to do bodily harm without justification or excuse by use of any instrument calculated to do serious bodily harm or cause death.

ASSAULT, AGGRAVATED

An assault committed with the intention of committing some additional crime.

AGGRAVATED ASSAULT

An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.

ATTEMPT

An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.

BAIL BOND

An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.

BATTERY

An offensive touching or use of force on a person without the person's consent.

BATTERY, SPOUSAL

An offensive touching or use of force on one's spouse without the spouse's consent.

ADVERSARY

An opponent. The defendant is the plaintiff's adversary.

AGGRAVATING FACTORS

Any factors associated with the commission of a crime which increase the seriousness of the offense or add to its injurious consequences.

ASSAULT

Any willful attempt or threat to inflict injury upon the person of another, when coupled with the present ability to do so, and any intentional display of force such as would give victim reason to fear or expect immediate bodily harm.

ALLEGED

Asserted to be true as depicted or a person who is accused but has not yet been tried in court.

ATTORNEY

Attorney at law, lawyer, counselor at law.

BAIL FORFEITURE

Bail that is kept by the court as a result of not following a court order.

ACTION

Case, cause, suit, or controversy disputed or contested before a court of justice.

ADMISSIBLE EVIDENCE

Evidence that can be legally and properly introduced in a civil or criminal trial.

ADJUDICATION

Giving or pronouncing a judgment or decree. Also the judgment given.

AID AND ABET

Help, assist, or facilitate the commission of a crime.

ACQUITTAL

In criminal law, a finding of not guilty. In contract law, a release, absolution, or discharge from an obligation, liability, or engagement.

AFFIRMED

In the practice of appellate courts, the word means that the decision of the trial court is correct.

ASSUMPTION OF RISK

In tort law, a defense to a personal injury suit. The essence of an affirmative defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.

BAIL

Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure his or her appearance in court. Bail and Bond are often used interchangeably.

AGENT

One who has authority to act for another.

ACCOMPLICE

One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime. A partner in a crime.

ADMISSIBLE

Pertinent and proper to be considered in reaching a decision.

BATTERED CHILD SYNDROME (B.C.S.)

Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian.

ARREST OF JUDGMENT

Postponing the effect of a judgment already entered.

BANKRUPTCY

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.

AFFINITY

Related by marriage; family relation from one's spouse's family.

ARGUMENT

Remarks addressed by attorney to judge or jury on the merits of case or on points of law.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

ATTACHMENT

Taking a person's property to satisfy a court-ordered debt.

APPELLATE JURISDICTION

The appellate court has the right to review and revise the lower court decision.

ALLEGATION

The assertion of a party to an action, setting out what he expects to prove.

AMENDMENT

The correction of an error admitted in any process.

ANSWER

The defendant's response to the plaintiff's allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.

ACCUSED

The generic name for the defendant in a criminal case.

ATTORNEY OF RECORD

The lawyer who represents a client and is entitled to receive all formal documents from the court or from other parties. Also known as counsel of record.

ARSON

The malicious burning of someone else's or one's own dwelling or of anyone's commercial or industrial property.

AUTO TAMPERING

The manipulation of an automobile and its parts for a specific purpose.

APPELLEE

The party against whom an appeal is taken. Sometimes called a respondent.

APPELLANT

The party appealing a final decision or judgment.

ASSIGNEE

The person to whom property rights or power are transferred by another, a grantee.

ARRAIGN

The procedure where the accused is brought before the court to hear the criminal charge(s) against him or her and to enter a plea of either guilty, not guilty or no contest.

ARBITRATION

The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard.

BENCH

The seat occupied by judges in courts.

BANKRUPT

The state or condition of a person who is unable to pay his or her debts as they are or become due.

AT ISSUE

The time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried.

ADVERSARY SYSTEM

The trial method used in the U.S. and some other countries. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries. All this is done under the established rules of procedure before an impartial judge and/or jury.

AGGRAVATED BATTERY

The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.

ADMONISH

To advise or caution. For example the Court may caution or admonish counsel for wrong practices.

ATTEST

To bear witness to, to affirm to be true or genuine, to certify.

AMEND

To change, correct, revise, improve, modify, or alter.

ARREST

To deprive a person of his liberty by legal authority.

ADJUDICATE

To determine finally.

AUTHENTICATE

To give authority or legal authenticity to a statute, record, or other written instrument.

ACQUIT

To legally certify the innocence of one charged with a crime. To set free, release or discharge from an obligation, burden or accusation. To find a defendant not guilty in a criminal trial.

ANNUL

To make void, as to dissolve the bonds of marriage

ALLEGE

To state, recite, assert, claim, maintain, charge or set forth. To make an allegation.

ADOPTION

To take into one's family the child of another and give him or her the rights, privileges, and duties of a child and heir.

ADMISSION

Voluntary acknowledgment of the existence of certain facts relevant to the adversary's case.

AFFIRMATIVE DEFENSE

Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.

ANNUAL REVIEW

Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.

AFFIRM

an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons

AFFIDAVIT OF SERVICE

an affidavit intended to certify the service of a writ, notice, or other document