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Acceptance ✔✔In contract law, the offeree's indication to the offeror that the offeree
agress to be bound by the terms of the offeror's offer or proposal to form a contract
Acquittal ✔✔A certification or declaration following a trial that the individual accused of
a crime is innocent, or free from guilt, in the eyes of the law ans is thus absolved of
changes
Actionable ✔✔Capable of serving as the basis of a lawsuit. An actionable claim can be
pursued in a lawsuit or other court action.
Active Listening ✔✔The act of listening attentively to the speaker's message and
responding by giving appropriate feedback to show that you understand what the
speaker is saying; restating the speaker's message in your own words to confirm that
you accurately interpreted what was said
Actual Malice ✔✔Real and demonstrable evil intent. In a defamation suit, a statement
made about a public figure normally must be made with actual malice (with either
knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred
Actus Reus ✔✔An guilty (prohibited) act. The commission of a prohibited act is one of
the two essential elements required for criminal liability; the other element is the intent it
commit a crime
Ad Valorem ✔✔Derived from the Latin ad valentiam, meaning "to the value." It is
commonly applied to a tax imposed on the value of property.
Address Block ✔✔The part of a letter that indicates to whom the letter is addressed.
The address block is placed in the upper left-hand portion of the letter, above the
salutation (and reference line, if one is included).
Ademption Clause ✔✔The revocation, recalling, or cancellation of a legacy, according
to the apparent intention of the testator, implied by the law from acts done by the
testator during the testator's life.
Adjudication ✔✔The act of resolving a controversy and rendering an order or decision
based on a review of the evidence presented
,Administrative Agency ✔✔A federal, state, or local government unit established to
perform a specific function. Administrative agencies are created and authorized by
legislative acts to make and enforce rules relating to the purpose for which they were
established.
Administrative Law ✔✔The body of law created by administrative agencies (in the form
of rules, regulations, orders, and decisions) in order to carry out their duties and
responsibilities.
Administrative Law Judge (ALJ) ✔✔One who presides over an administrative agency
hearing and has the power to administer oaths, take testimony, rule on questions of
evidence, and make determinations of fact.
Administrative Process ✔✔The procedure used by administrative agencies in the
administration of law.
Administrator ✔✔A person appointed by the court to serve as a personnel
representative for a person who died intestate (without a valid will) or if the executor
named in the will cannot serve
Adoption ✔✔A procedure in which persons become the legal parents of a child who is
not their biological child.
Adversarial System of Justice ✔✔A legal system in which the parties to a lawsuit are
opponents, or adversaries, and present their cases in the light most favorable to
themselves. The impartial decision maker (the judge or jury) determines who wins
based on an application of the law to the evidence presented
Adverse Poession ✔✔A process by which premises can change ownership. It is a
common law concept concerning the title to real property
Affidavit ✔✔A written statement of facts confirmed by the oath or affirmation of the
party making it and made before a person having the authority to administer the oath or
affirmation
Affirm ✔✔To uphold the judgment of a lower court
Affirmative Defense ✔✔A response to a plaintiff's claim that does not deny the
plaintiff's facts but attacks the plaintiff's legal right to bring an action. An example is the
running of the statute of limitations.
Agency ✔✔A relationship between two persons in which one person (the agent)
represents or acts in the place of another (the principal)
,Agent ✔✔A person who is authorized to act for or in the place of another person (the
principal)
Agreement ✔✔A meeting of the minds and requirement for a valid contract.Agreement
involves two distinct events: an offer to form a contract and the acceptance of that offer
by the offeree.
Alimony ✔✔Money paid to support a former spouse after a marriage has been
terminated. The alimony may be permanent or temporary (rehabilitative)
Allegation ✔✔A party's statement, claim, or assertion made in a pleading to the court.
The allegation sets forth the issue that the party expects to prove
ALTA (American Land Title Association) ✔✔A national trade association representing
the interests of the abstract of title and title insurance industries
Alternative Dispute Resolution (ADR) ✔✔The resolution of disputes in ways other than
those involved in the traditional judicial process. Negotiation, mediation, and arbitration
are forms of ADR.
American Bar Association (ABA) ✔✔A voluntary national association of attorneys. The
ABA plays an active role in developing educational and ethical standards for attorneys
and in pursuing improvements in the administration of justice
American Digest System ✔✔A system of identifying points of law from reported cases
and organizing them by topic and key number. The system was developed by West
Publishing to organize the entire body of American law
American Jurisprudence ✔✔An encyclopedia of United States law published by West
American Law Reports ✔✔A resource used by American lawyers to find a variety of
sources relating to specific legal rules, doctrines, or principles
Amicus Curiae Brief ✔✔A brief filed with the court by a third party (i.e., a party not
directly involved in the lawsuit) who is concerned about the outcome of the litigation.
The purpose of such brief is to convince the court to rule in favor of one of the parties
because not to do so would affect a broad interest of society (Amicus Curiae is Latin for
"friend of the court" )
Annotation ✔✔A brief comment, an explanation of a legal point, or a case summary
found in a case digest or other legal source
Annulment ✔✔A court decree that invalidates (nullifies) a marriage. Although the
marriage itself is deemed nonexistent, children of a marriage that is annulled are
deemed legitimate
, Answer ✔✔A defendant's response to a plaintiff's complaint
Antenuptial Agreement ✔✔A written contract created by two people planning to be
married. The agreement typically lists all of the property each person owns, as well as
their debts, and it specifies what each person's property rights will be after they tie the
knot. Antenuptial agreements often specify how property will be divided - and whether
spousal support (alimony) will be paid - in the event of a divorce.
Appeal ✔✔The process of seeking a higher court's review of a lower court's decision
for the purpose of correcting or changing the lower court's decision
Appellant ✔✔The party who takes an appeal from one court to another; sometimes
referred to as the petitioner
Appellant's Brief ✔✔An appellate brief that argues in favor of the appellant's position.
This brief will try to convince the court that the lower court's decision was erroneous.
Appellate Brief ✔✔A document submitted to an appellate court setting forth legal
arguments and supporting law in favor of the appellant or the appellee.
Appellate Jurisdiction ✔✔The power of a court to hear and decide an appeal; i.e., the
power and authority of a court to review cases that already have been tried in a lower
court and the power to make decisions about them without actually holding a trial. This
process is called appellate review
Appellee ✔✔The party against whom an appeal is taken; i.e., the party who opposes
setting aside or reversing the judgment; sometimes refereed to as the respondent
Appellee's Brief ✔✔An appellate brief that argues in favor of the appellee's position.
This brief will try to rebut (counter) any arguments in the appellant's brief and will
emphasize the accuracy of the earlier judgment rendered in its favor
Appropriation ✔✔In tort law, the use by one person of another person's name,
likeness, or other identifying characteristic without permission and for the benefit of the
user
Arbitration ✔✔A method of settling disputes in which both sides submit their
differences to a disinterested third party (other than the court), who renders a decision
that may or may not be legally binding
Arbitration Clause ✔✔A clause in a contract that provides that, in the event of a
dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in
court