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Glossary

abstract of record A complete history of the case in a concise, abbreviated form.	acquittal A trial verdict that indicates that the defendant in a criminal case has not been found guilty of the crime charged, beyond a reasonable doubt. A trial verdict that indicates that the defendant in a criminal case has not been found guilty of the crime charged, beyond a reasonable doubt.

actus reus A criminal act.	ademption Failure of a gift because the will-maker, by the time of death, no longer owns the property that the will-maker attempted to bequeath in the will.

abuttals The boundaries to a piece of property.	administration The process of collecting the estates assets; paying its debts, taxes, expenses, and other obligations; and distributing the remainder as directed by the will.

administrator A personal representative, appointed by a probate court, who administers the estate of someone who dies without a will or leaves a will naming an executor who dies before the will-maker or who refuses to serve.	admissible Evidence that can be legally introduced in court.

adversary system The system of trial practice in the U.S. and some other countries in which each of the opposing or adversarial parties has full opportunity to present and establish its contentions before the court.	affirmative defense Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility. The defendant must prove any affirmative defense he or she raises.

allegation The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he or she expects to prove.	alimony A court-ordered payment for the support of ones estranged spouse in the case of divorce or separation.

accident An unexpected, unforeseen event happening by chance. The term does not eliminate consideration of negligence on the part of the person who caused the accident.	amicus curiae Friend of the court. A party who volunteers information on some aspect of a case or law to assist the court in its deliberation.

accountant Person skilled in keeping financial records. A Certified Public Accountant (CPA) is one who has met certain requirements and is licensed to practicas a public accountant.	answer A pleading by which a defendant resists or otherwise responds to the plaintiffs allegation of facts.

anti-lapse statute A state law that provides for a gift to go to the descendants of certain will beneficiaries who die before the will-maker dies.	appeal A request by the losing party in a lawsuit for higher court review of a lower court decision.

appearance The formal proceeding by which a defendant submits himself or herself to the jurisdiction of the court.	appellant The party appealing a decision or judgment to a higher court.

appellate court A court having jurisdiction to review the judgments of a "trial court."	appellee The party against whom an appeal is filed.

arbitration Dispute settlement conducted outside the courts by a neutral third party. May or may not be binding.	auction sale A sale in which goods are sold to the highest bidder. The buyer is the party making the offer, or bid.

arraignment The proceeding in criminal cases where an accused individual is brought before a judge to hear the charges filed against him or her, and to file a plea of guilty, not guilty, or no contest. Also called a preliminary hearing, or an initial appearance.	arrest To take into custody by legal authority.

assignment The transfer of ones interest in a right or property to another person or entity.	attorney-at-law A lawyer licensed to provide legal advice and to prepare, manage and try cases.

acquit To set free or discharge from accusation or obligation; to declare an accused innocent.	abandoned and malignant heart A state of mind indicating the malice aforethought necessary for murder, reckless indifference to an unjustifiable high risk to human life.

accessory One who in a secondary role, knowingly aids or contributes to the commission of a crime.	A.B.A. American Bar Association www.abanet.org

abettor Person who incites, encourages or commands another to commite a crime. Abettor must share criminal intent.	accomplice One who knowingly, voluntarily, and with common criminal intent aids another in the commission or attempted commission of a crime; one who is guilty of complicity in a crime.

abandonment: Knowing relinquishment of ones right or claim to property without passing rights to another and with no intention to reclaim possession. Desertion of ones spouse or child.	abatement: A decrease or termination or something of something e.g., abatement of taxes; a rebate of taxes perviously paid or a decrease in an assessed valuation abatement of action; ending or dismissal of lawsuit abatemnts of legacy.

adoption The act of accepting a child born to another person as one's own with all the rights and responsibilities of parenthood. Passage of a bill into law. The acceptance or appropriation of a thing, such as property, as one's own.	acceptance An indication made by the offeree that he or she agrees to be bound by the terms of the offer.

accession The right of an owner of property to any increase of property.	administrative agency A governmental body responsible for the control and supervision of a particular activity or area of public interest.

administrative hearing A trial-likejudicial proceeding, without a jury, in which an administrative agency rules on matters of the law that the agency is charged with enforcing.	administrative law The body of rules, regulations, and decisions created by administrative agencies.

adverse possession When title to land is acquired by a person's exclusive, continous, open, known and hostile use of the property over a period of time.	agent A person authorized to act on behalf of another and subject to the other's control in dealing with third parties.

alternative dispute resolution (ADR) A system in which contract disputes and other disagreements are resolved by using means other than a lawsuit.	antenuptial agreement A promise made by a person planning to marry that is enforeable only if it is put in writing before the marriage takes place.

anticipatory breach When a party to a contract announces his or her intention to break the contract in the future.	accord and satisfaction Payment of a disputed debt, often for less than the debtor is entitled, which satisfactorily settles obligation for all concerned.

abduction The criminal taking of a person by fraud, persuasion or viloence. Common law; taking of females for purpose of marriage, cohabitation or prostitution. Civil law: taking of anothers wife.	abet To encourage, incite, instigate or assist another in the commission of a crime with knowledge of its wrongfulness.

abeyance State of being in waiting, expectation or suspension and undetermined or unsettled state of affairs. Property held "in abeyance" means there is a lapse in succession of ownership and title is held in expectation of rightful owner.	abide To comply with a decision; to accept the consequences of; to await a result.

abjuration The act of taking an oath to renounce or abandon an allegiance or right. E.g., a citizen of a foreign country abjures a citizen of the United States.	abode A persons home, place of dwelling or residence.

abortion The premature termination of a pregnancy. It may be spontaneous (i.e. taking place unexpectedly) or induced (i.e. intentionally removing a fetus from the womb, thereby terminating its life).	abrogation The annulment or cancelation of a law by legislative act, constitutional authority or usage.

abscond To hide or secretly travel out of a courts jurisdiction in order to avoid legal process.	absolute Final, complete, unconditional. E.g. an absolute bond is perfect in itself and has no restrictions upon it.

accusation A formal charge, made in court, that a person or corporation is guilty of a punishable offense.	acknowledgment An admission or declaration that a thing is genuine. It is used in : "acknowledgment of paternity" where an individual admits his parental relationship.

act A law passed by a legislative body. A deed performed voluntarily.	act of God An event caused solely by the forces of nature, e.g., an earthquake.

adjourn To postpone, put off, or suspend business until a later time.	adjudication The formal rendering of a final judgment in court.

advice Opinion given by counsel to a client.	admiralty law Maritime law; body of law relating to activities at sea such as commerce, navigation, contracts, or torts. Jurisdiction is in federal district court.

apparent authority An accountability doctrine whereby a principle, by virtue of words or actions, leads a thrid party to believe that an agent has authority, but no such authority was intended.	arson The willful or malicious act of causing the burning of another's property.

assignee The third party to whom rights are transferred in an assignment.	assignor The person who transfers his or her rights in an assignment.

A.J. Abbreviation for associate justice or associate judge.	affidavit A written statement sworn to or affirmed before a person with authority to witness the oath.

acceleration clause A provision in a credit agreement which allows a lender of money to call a debt due for failure of borrower to meet some obligation, such as pay taxes or a special assessment on mortgaged property.	action A judicial proceeding in which a person demands the protection of his or her rights, or in which he or she prosecutes another for a wrong done. The term covers all the formal court proceedings, including the decision and the enforcement of penalties. "Action" is used with various words to designate a particular area of lawsuit, e.g., class action, civil action, criminal action. Conduct; behavior.

addict Person whose habitual use of narcotics, alcohol, or tobacco has become out of his or her control, and who may endanger the public morals, health, safety, or welfare.	adultery Voluntary sexual intercourse between a married person and someone not his or her spouse. It is grounds for divorce.

affiant Person who makes and swears to the truth of a written statement or affidavit.	advocate (Noun) One who speaks in favor of a cause or another person. A lawyer. (Verb) To speak in favor of; to support.

adhesion contract A one-sided contract, unilaterally written by a party who offers it to another on a "take it or leave it" basis. The accepting party has virtually no choice or bargaining power in reference to the contract's terms.	admissible evidence Evidence which may be introduced in court and considered by a jury; evidence which the court is bound to allow to be introduced. Note, though, that evidence which is otherwise admissible may be withheld from consideration if a judge determines its probative value is outweighed by other factors, such as if it misleads or prejudices the jury.

age of majority The age at which a person is legally recognized as an adult and bound by the terms of their contracts.	attorney in fact The person appointed as agent when the power of attorney is exercised.