Legal Terms

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abatement

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reduction, terminatin

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abrogation

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annulment of a former law by act of legis body, by contitutional authority, or by usage

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acceptance

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in contract law, consent to abide by the terms of an offer; takig or receiving a thing in good faith with the intention of retaining it

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accession

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that which intreases the size or value of property

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accommodation

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arrangement made as a favor to another ratker than for consideration received

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acknowledgement

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an admission, affirmation, or declaration

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acquittal

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release or discharge of an obligation or liability; in criminal law, a finding of not guilty

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ademption

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satisfaction of a legacy by gift prior to testator's death

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adhesion cntract

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standardized contract form in which a party with little or no bargaining power is forced to accept its terms

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adjudication

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judgment or decision of a court

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administrative law

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body or rules and regulations having the force of law and promulgated by an administrative body created by Congress or a state legislature

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adverse possession

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acquiring title to real estate by hostile possession rather than by purchase

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affiant

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one who makes or swears to the truth of an affidavit

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affidavit

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sworn statement in writing taken before a notray public or other authorized officer

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affirmative defense

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allegation of a responsive pleading which, if it can be proved, negates the allegations of the complaint

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agent

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person authorized by another to act for him, one entrusted with another's business

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agreement

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meeting of the minds, preliminary to contract formation

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allegation

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assertion made but not proved

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amortization

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gradual extinctiin of a monetary obligation by periodic payments that usually includes interest

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amnesty

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sovereign forgetfulness of past acts, ussually available for a limited time

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ancillary

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auxiliary, supplemental, subordiante

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annotation

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remark, note, or commmentary inteded to illlustrate or explain

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annul

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cance, make void, destroy

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answer

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written pleading by which a defendant responds to the plaintiff's complaint

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antitrust laws

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federal and state laws to prevent retraint of trade, price-fixing, price discrimination, monopolies, or ohter conduct detrimental to free commerce

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appeal

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review by a higher court

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appellant

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party who files an appeal

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appellee

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party who defends an appeal

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appraisal

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valuation or estimate of property value, made by qualified expert

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arbitration

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investigation and determination of dispute by neutral decision-maker; decision binding on parties

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arraignment

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in criminal law, hearing at which accused pleads guilty or not guilty

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assult

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in tort, threat of imminent bodyly harm accompanied by apparent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery

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asset

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real or personal property owned by an individual, estate, business corporation, or other entity

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assignment

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transfer of any right, title, or interest to another

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attestation

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act of witnessing the signing (execution) of a document

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assumption of risk

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doctrine under which a person cannot recover for injuries received from a dangerous activity to which she voluntarily exposed herself

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attachment

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pre-judgment seizure of property based upon court order

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attest

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certify or affirm to be true or genuine

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attorney-in -fact

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one appointed by another tot act in specific matters described in a power of attorney or in a letter of attorney

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aver

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assert, allege, claim

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bailment

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delivery of personal property to another to be held for a particular persona dn then returned

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beneficiary

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one who benefits from the act of another

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bequest

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gift of personal property by will

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breach

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failure (without legal justification) to perform when performance is due

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brief

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written argument of counsel concerning one or more legal issues in a case, sometimes called a memorandum of law

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capacity

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having legal authority or mental ability; being of sound mind

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cause of action

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fact(s) giving rise to a legal remedy

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chattel

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personal property

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choate

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perfected; complete

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chose in action

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a personal right not yet reduced to judgment

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civil code

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collection of laws or statutes relating to private rights or remedies

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civil law

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laws which relate to private rights and remedies, distinguished from criminal

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code

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collection of laws or statutes

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common law

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law based upon custom, usage, and judicial decision, distinguished from statutory law

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community property

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property owned in common by husbnd and wife, each owning an undivided one-half interest as a result of marital status

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commutation

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substitution of a lesser punishment for a greater one

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condemnation

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the process of taking private property for public use under government's right of eminent domain

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consideration

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the lawful price, motive, cause, impelling influence, or inducement for a contract

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contract

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agreement between competent parties, supported by consideration, to do or to refrain from doing some lawful act

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conversion

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wrongful taking of personal proerty with intent to deprive its owner of it permanently