3 categories of patents - ANS-1. Utility - covers useful process, machine, article of manufacture
and composition of matter
2. Design - covers the ornamental characteristics
3. Plant - covers a new variety of asexually reproduced plant
Abatement - ANS-the process of determining the distribution of bequests as directed by the
decedent in his/her will when there are not assets sufficient to satisfy the bequests
abstract of title - ANS-A brief, chronological summary of the recorded documents affecting title
to a particular parcel of real property
acceptance - ANS-one of three requisites to a valid contract under common law (the other two
being offer and consideration)
accord and satisfaction - ANS-A term of contract law by which one party, having complied with
its obligation under a contract, accepts some type of compensation from the other party (usually
money of a lesser amount) in lieu of enforcing the contract and holding the other party to its
obligation. This discharges the contract.
acknowledgment - ANS-A formal declaration before an authorized official by the person who
executed an instrument that it is his/her free act and deed
Ad hoc - ANS-(adj.) for this specific purpose; improvised; (adv.) with respect to this
Ad litem - ANS-person appointed to act, during the pendency of a matter, as guardian for a
minor child. Person may also bring action on behalf of the child
Adjudication - ANS-giving or pronouncing a judgment or decree; also, the judgment given
Adjusted basis - ANS-The basis of property used when computing gains for income tax
purposes; the cost minus depreciation plus capital improvements
administration of estate - ANS-the management of a decedent's estate. An administrator is
appointed to collect all assets and debts of the decedent so that administrative expenses and
taxes are paid and the remaining assets are distributed to the heirs or beneficiaries
administrative agencies - ANS-agencies created by the legislative branch of government to
administer laws pertaining to specific areas such as taxes, transportation and labor
administrative authority - ANS-the rules, regulations and decision created by federal, state, and
local agencies; the executive orders of the President and governors
administrator - ANS-person who administers the estate of person deceased; they are appointed
by the court and is the person who would then have power to deal with the debts and assets of
a person who died intestate
advance directive - ANS-may also be referred to as a "living will"; document that expresses a
person's wishes about his/her medical care in the event they are unable to communicate their
desires or have a terminal illness
advance sheets - ANS-Paperback pamphlets published by law book publishers weekly or
monthly that contain reporter cases, including correct volume number and page number. When
there are sufficient cases, they are replaced by a bound volume.
, adversary proceeding - ANS-One having opposing parties, such as a plaintiff and a defendant.
Individual lawsuit(s) brought within a bankruptcy proceeding
affidavit - ANS-a statement that, before being signed, the person signing takes an oath that the
content are, to the best of his/her knowledge, true. it is also signed by a notary or some other
judicial officer who can administer oaths, to the effect that the person signing the document was
under oath when doing so
agency decisions - ANS-Opinions issued by federal and state administrative law judges as the
result of disputes or controversies presented to the agency's administrative law judge or other
person charged with hearing evidence and resolving issues involving matters under the
agency's jurisdiction.
agency regulations - ANS-rules written by federal and state administrative agencies
agent - ANS-a person who has received the power to act on behalf of another, binding that other
person as if he/she were making the decisions personally; the person being represented is
called the principal
aid and abet - ANS-to actively, knowingly, or intentionally assist another person in the
commission or attempted commission of a crime
alien corporation - ANS-a corporation that was formed in another country, but is doing business
in the United States or its territories
allegation - ANS-something to be proved or disproved through the introduction of evidence
alternate valuation date - ANS-the administrator may choose an alternative date to the date of
death for the valuation of the decedent's estate for federal estate tax purposes
alternative dispute resolution (ADR) - ANS-methods by which legal conflicts and disputes are
resolved privately, other than through litigation in the public courts, usually through one of two
forms: mediation or arbitration; the disadvantage to this is that is involves compromise
American Law Reports - ANS-A publication that reports cases from all United States
jurisdictions by subject matter
Amicus Curiae - ANS-A Latin term meaning "friend of the court." Refers to interested groups or
individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support
of one side.
Ancillary probate - ANS-a probate proceeding conducted in a different state from the one the
deceased person resided in at the time of death. Usually necessary if the deceased person
owned real estate in another state.
annual exclusion - ANS-The amount of money that a person can "gift" each year which is free
from federal gift tax; requires the filing of a gift tax return; Currently the allowable gift is $13,000
per person; A married couple may gift $26,000 per person and there is no limit to the number of
persons who may receive a gift
Annuity - ANS-similar to an insurance policy
antitrust acts - ANS-Federal and state statutes to protect trade and commerce from unlawful
restraints, price discriminations, price fixing, and monopolies.
appeal - ANS-to ask a more senior court or person to review a decision of a subordinate court or
person
Appellate Court - ANS-A court having jurisdiction to hear appeals and review a trial court's
procedure.
Appellee - ANS-the party against whom the appeal is taken (sometimes the Respondent)