Legal Terms

appurtenance

A burden attached or linked to something else; for example, an easement or covenant appurtenant to a land parcel would benefit or restrict the owner in using that land.

abstract

A complete, if abbreviated, history. Abstract of record is a summary of lower court proceedings sent to an appellate court; abstract of title is a history of land transfers.

arbitration clause

A contract provision stipulating that in case of a dispute, the parties agree to be bound by an arbitrator's decision.

bailiff

A court official entrusted with limited authority or guardianship responsibilities.

bench warrant

A court order to seize an individual, usually to compel his attendance in court.

averment

A declaration or allegation of facts in a pleading.

affirmative relief

A defendant's petition, usually in the form of a cross-claim, for relief entirely independent of the plaintiff's case.

assumption of risk

A defense in which it is claimed that an injured plaintiff had knowledge of a hazardous condition yet voluntarily exposed himself to the risk.

abjuration

A denial, abandonment or renunciation under oath.

agency

A fiduciary relationship in which one person acts for another, with his authority.

ademption

A gift or disposition of property, made while the donor is alive, that makes it impossible for the donor's will (disposing of the same property) to be effective.

artisan's lien

A legal claim allowing a workman to retain possession of that property worked on until his charges are paid. See also: mechanic's lien.

attachment

A legal proceeding in which property is seized to satisfy a judgment or potential judgment.

attractive nuisance

A legal rule holding that an individual whose property contains a dangerous hazard or condition likely to attract children is under a duty to protect them against its dangers.

abatement

A lessening or reduction. In a lawsuit, a complete termination of a cause or action.

adverse possession

A method of taking over full title to land from everyone else, including the owner of record, by openly using it over a continuous period of time.

accommodation party

A party who derives no consideration and who guarantees repayment by another party by signing an instrument which helps that party obtain credit.

abstention

A policy of federal courts to refuse to exercise its jurisdiction over a federal constitutional question while a state court decides the case on non-constitutional grounds.

bar

A position in the courtroom. Lawyers are collectively called "the bar" because they're able to enter the area. In procedure, a technical block that stops further litigation.

action

A proceeding in which one party prosecutes another for a wrong or to protect a right or prevent a wrong.

acceleration clause

A provision in a document setting up premature vesting of an interest in property upon occurrence of a specific event.

acquittal

A release or discharge by a court from an accusation of suspicion of guilt.

appeal

A request for a higher court to review the judgment of the court below.

affidavit

A statement in writing, taken under oath before a notary public or other qualified person.

accomplice

A voluntary participant with another individual in a crime.

alibi

An account of a person's location at the time of a crime that proves he was not at the scene.

adhesion contract

An agreement so clearly favoring one party, as from inequality in bargaining power, that it raises doubts about its voluntary nature.

assault

An attempt to inflict injury on another, coupled with the evident ability to inflict that injury. No physical injury need result; if a touching occurs, that is battery.

arraignment

An early step in criminal justice process in which the suspect is formally charged with an offense

audit

An examination and approval of the payment of public funds or the books of an enterprise. To so examine.

bait and switch

An illegal trade practice in which a merchant advertises a bargain item and then discourages its purchase (in favor of higher priced merchandise) when the customer responds

agent

An individual who agrees to act on behalf of another.

accommodation paper

An instrument, signed by a party who receives no consideration, designed to help another obtain credit.

abeyance

An undetermined or incomplete state of affairs. In property, a condition where no person owns the estate.

assets

Any interest in real or personal property that can be used to pay a debt.

battery

Application of illegal force to another. Sometimes the mere touching of a person or his close property can constitute the offense.

alienation

In property law, the total voluntary transfer of both title and possession of real property from one party to another.

admissable evidence

Information that can be received into court to aid the judge in deciding a case.

bankruptcy

Insolvency; a debtor's inability to pay his obligations as they are due.

arbitrary

Not according to a fixed standard, but resulting from one's opinion or will.

ante

Latin: Before, prior, preceding

actio criminalis

Latin: a criminal action

affirmative defense

Not simply a denial of a charge, but assertion of new evidence to exonerate or avoid judgment against the defendant.

administrator

One appointed to manage the estate of a person who died without a will or an executor. (Administrator: male. Administratrix: female.)

barrister

One of two classes of English lawyers. The solicitor assembles court papers and settles matters out of court; the barrister argues cases in court.

accessory

One who contributes in a secondary or subordinate way to commission of a crime.

acquiescence

Passive compliance: conduct from which guilt or consent can be implied.

accord and satisfaction

Payment, usually of a smaller amount than contracted for, in extinguishment (satisfaction) of a debt, agreed upon (accord) by the obligor and the obligee.

bench

The judge's postion in the courtroom. The court or judges collectively.

answer

The main pleading filed by a defendant in a lawsuit in response to a plaintiff's complaint.

allocution

The offer by a court to allow a criminal defendant, upon conviction, to speak and five reasons why punishment should be mitigated or why the sentence should not be pronounced.

appellant

The party who appeals to a reviewing court. In common law, "the plaintiff in error."

admiralty law

The rules and practices covering all actions and events occurring at sea in navigation. Maritime law.

allegation

The statement of the issues to be proved; a declaration or assertion of fact issued in pleading.

arbitration

The submission of a dispute to an impartial third party for an informal hearing and decision, which is usually binding.

anticipatory breach

The violation of a contractual agreement before actual performance is required, usually by declared repudiation that the contractor cannot or will not perform his duties.

abut

To adjoin or border upon.

abrogate

To annul, destroy, cancel or revoke. To repeal and void a law by legislative action. Abrogation: Such an act or action.

affirm

To approve or ratify. An assertion of an appellate court that the ruling of a lower court should stand.

adjudicate

To consider and pass judgment on a controversy based on evidence advanced.

attest

To declare and affirm as true; to bear witness as a document is executed.

apportion

To divide equitably or fairly, proportionally, but not necessarily equally.

appropriate

To legally assign to a particular and exclusive purpose or use; see: eminent domain. To steal and/or unlawfully use the property of another.

adjourn

To postpone, disperse or put off until a later time.

assign

To transfer an interest in property contract or other rights to another. Assigns: Those who so take or receive such interest rights.

annul

To void or dissolve, from the beginning. An annulled marriage.

alienation of affection

Willful, malicious inexcusable interference with a marriage; a tort.

actus reus

(Latin: "Act of the accused.") The guilty act or deed of crime; with mens rea, a necessary component of every criminal act.

actio damni injuria

(Latin: "Action for punishment of injury.") A suit for damages.

actio ex delicto

(Latin: "An action from fault.") A cause of action arising out of fault, misconduct or malfeasance.

ad litem

(Latin: "For a legal action or suit.") At law; for a specific legal purpose or for a particular lawsuit.

ad hoc

(Latin: "For this.") For a particular purpose, as of especially appointed committees, especially designated attorneys, etc.

amicus curiae

(Latin: "Friend of the court.") A non-party who calls the court's attention to information that it needs to make a proper judgment

ab initio

(Latin: "From the first.") Used in reference to the validity of statutes, estates, deeds, etc.

a fortiori

(Latin: "From the most powerful") Reasoning that if a statement is true, a lesser one included by inference is also true.

assumpsit

(Latin: "He promised; he undertook.") A common law promise or undertaking not necessarily in writing.

arguendo

(Latin: "In clear light; arguing.") Statements illustrating possibility, probability, etc., made for the sake of argument and not given as factual evidence.

additur

(Latin: "It is increased.") An increase by the judge in amount of damages awarded by the jury.

a posteriori

(Latin: "Later, latest.") From the most recent aspect or point of view.

ad infinitum

(Latin: "To infinity") Unlimited; continuing without bounds.

a priori

(Latin: "from the preceding; from the first.") A type of reasoning flowing from knowledge that certain facts are true and thus certain facts will necessarily follow.

amortization

The gradual reduction and elimination of a debt.

at arm's length

Fair and uninfluenced; beyond the control of any one party.

at bar

Having the attention of the court.

beneficial interest

In a trust, the interest of the individual who is to enjoy the use of it, as opposed to the interest of the trustee holding legal title.

affiant

The individual who makes and subscribes to a statement given under oath.

abuse of process

Misuse of the criminal or civil process for purposes other than intended by law.

bail

Security, usually in the form of money, posted to insure that a defendant will appear at all stages of his criminal proceedings.

antitrust acts (laws)

Statutes against monopolies and unlawful restraint of trade, such as Sherman, Clayton and Federal Trade Commission Acts.

appellee

The "defendant in error"; the party who seeks affirmation of a judgment that is being appealed.

bargain

The agreement of two or more people to rely on mutual promises.

arrest

The apprehension or seizure of an individual to answer for a crime.

administrative law

The body of law dealing with practice before governmental administrative agencies.

alimony

The court-ordered payment by one party in a separation or divorce action to support an estranged spouse.

barratry

The criminal initiation of a groundless lawsuit.

abandonment

The deliberate relinquishing of a right or claim to property without any intent to again obtain possession.

arson

The deliberate, willful burning of a structure, either that belonging to another or one's own to defraud an insuror.

bailment

The delivery in trust to another, usually under a contract, for some purpose or object.

accrual

The gathering or accumulation, such as of interest in a savings account.

adultery

Voluntary sexual intercourse involving a person and the spouse of another person.