Legal Terms

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abatement

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reducton; termination

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abrogation

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annulment of a former law by act of a legislatvie body, by constitutionaly authorit, or by usage

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acceptance

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

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accession

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that which increases the size or value of property

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accommation

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accomodation arrangement made as favor to another rather than for consideration received

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ackowledgement

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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 fo a legacy by gift prior to testator's death

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adhesion contract

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

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adverse possession

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acquiting 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 notary 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 complaints

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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 extinction of a monetary obligation by the periodic payments that usually includes interest

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amnesty

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

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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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CLA

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abbreviation for Certified Legal Assistant, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and their specific knowledge of substantive legal rules

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Code Civil

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law of the State of Louisiana consisting of a collection of statutes and based upon the Napoleonic Code, distinguished from common law

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code

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collection of laws or statutes

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codicil

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an addition or change to an original will

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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 a common by husband and wife, each owning an undivided one-half interest as a result of their martial status

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ancillary

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auxiliary; supplemental, subordinate

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annotation

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remark, note, or commentary intended to illustrate or explain

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annul

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cancel, 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 nd state laws to presvent restratinst of trade, pricefixing, price discrimination monopolies, or other conduct detriment to free commerce

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appeal

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review by a hight 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 values made by qualified expert

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arbitration

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investigation an determinatio nof dispute by neutral decision-make; decision is 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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assault

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in tort, threat of imminent bodily harm acccompied by apparaent ability to carry out the threat; in criminal law, often defined as the tort equivalent of battery.

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assault

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in tort, threat of imminent bodily harm accompanited by apparaent ability to carry out the threat; in criminal law, ofetn defined as the tor 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 olr 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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docterine under which a person cannot recover for injusries received from a dangerous acctivity to which she voluntarily exposed herself

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attachment

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pre-judgment seicure 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 to 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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asser, allege, claim

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bailment

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delivery of personal propert to another to be held for a particular person and 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 to perfor when performance is due

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brief

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

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capacity

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havn legal authority or mental ability; being of sound mind

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caption

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that part of the pleading which states the name of the cour, the name of the parties, the case number assigned, and the name of the pleading

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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 a 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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an agreement between competetn 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 property with inetn to deprive its owner of it permanently

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copyright

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a right to reap the finanical benefits of literary property

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covenant

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agreement or proimes, oftern restricting the use of real estate

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creditor

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one to whom a debtor or obligation is owed

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criminal law

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law which control the standards of conduct and which prescribe the punishments for disobedience

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debenture

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bond given as evidence of corporate debt

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decree

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the final order of an equity court

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defamation

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that which holds one up to contempt or ridicule; that which injures one's reputation

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deponent

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one who gives a deposition

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deposition

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sworn testimony given by question and abnser ina non-courtroom setting, which is recorded and transcribed by a court reporter

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devise

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gift of real property by will

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discharge

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to release, liberate, annul disencumber, dismiss

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duress

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unlawful constraint exercised upon a person forcing her to an actu which she would not have done otherwise

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enjoin

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to prevent or forbid by injunction

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equity

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justice administered by princiaples of fairness, distinguished from stric turles of law

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escheat

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reversion of property to the state when there are no heirs to inherit the proeprty at a person's death

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estop

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to stop, bar or prevent

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estoppel

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docterine under which a person's acts or failure to act prevents her from seeking legal relief although she would have been entitle to relief otherwise

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eviction

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to recover real estate (from a tenant) by legal process; to force out or remove from real property

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evidentiary

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constituting evidence or proof, having the quality of evidence.

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exemptions

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immunity from general burden, tax or charge, in bankrupcty orf in judgment executions that portion of the debtor's property that cannot be liquidated and applied to her debts.