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43 Cards in this Set

  • Front
  • Back
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.
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.
ABSTRACT OF RECORD
A short, abbreviated form of the case as found in the
record.
ABSTRACT OF TITLE
A chronological summary of all official records and recorded
documents affecting the title to a parcel of real property.
ACCESSORY
A person who aids or contributes in the commission of a crime.
ACCOMPLICE
One who knowingly, voluntarily, and intentionally unites with the
principal offender in the commission of a crime. A partner in a crime.
ACCORD
A satisfaction agreed upon between the parties in a lawsuit which bars
subsequent actions on the claim.
ACCORD AND SATISFACTION
A method of discharging a claim upon agreement by
the parties to give and accept something in settlement of the claim.
ACCUSATION
A formal charge against a person, to the effect that he has engaged in
a punishable offense.
ACCUSED
The generic name for the defendant in a criminal case.
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.
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.
ACQUITTAL
In criminal law, a finding of not guilty. In contract law, a release,
absolution, or discharge from an obligation, liability, or engagement.
ACTION
Case, cause, suit, or controversy disputed or contested before a court of
justice.
ADJUDICATE
To determine finally.
ADJUDICATION
Giving or pronouncing a judgment or decree. Also the judgment
given.
ADMINISTRATOR
1. One who administers the estate of a person who dies without a
will. 2. A court official.
ADMISSIBLE
Pertinent and proper to be considered in reaching a decision.
ADMISSIBLE EVIDENCE
Evidence that can be legally and properly introduced in a
civil or criminal trial.
ADMISSION
Voluntary acknowledgment of the existence of certain facts relevant to
the adversary's case.
ADMONISH
To advise or caution. For example the Court may caution or admonish
counsel for wrong practices.
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.
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 crossexamination
the evidence presented by their adversaries. All this is done under the
established rules of procedure before an impartial judge and/or jury.
AFFIANT
A person who makes and signs an affidavit.
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.
AFFIRMATIVE DEFENSE
Without denying the charge, the defendant raises
circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal
responsibility.
AFFIRMED
In the practice of appellate courts, the word means that the decision of the
trial court is correct.
AGENT
One who has authority to act for another.
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.
AGGRAVATED BATTERY
The unlawful use of force against another with unusual or
serious consequences such as the use of a dangerous weapon.
AGGRAVATING FACTORS
Any factors associated with the commission of a crime
which increase the seriousness of the offense or add to its injurious consequences.
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.
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.)
AID AND ABET
Help, assist, or facilitate the commission of a crime.
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. Source: Black's Law Dictionary (1996); North Carolina
v. Alford, 400 U.S. 25 (1970).
ALIBI
A defense claim that the accused was somewhere else at the time a crime was
committed.
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.
ALLEGATION
The assertion of a party to an action, setting out what he expects to
prove.
ALLEGE
To state, recite, assert, claim, maintain, charge or set forth. To make an
allegation.
ALLEGED
Asserted to be true as depicted or a person who is accused but has not yet
been tried in court.
ALLOCUTION
A defendant's statement in mitigation of punishment.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Settling a dispute without a full,
formal trial. Methods include mediation, conciliation, arbitration, and settlement, among
others.