A B C D E F G H I J L M N O P Q R S T U V W

A

abstract of record - A complete history of the case in a concise, abbreviated form.

acquittal - A trial verdict that indicates that the defendant in a criminal case has not been found guilty of the crime charged, beyond a reasonable doubt.

action - A legal dispute brought to court for trial and settlement (see also case, lawsuit).

actus reus - A criminal act.

ademption - Failure of a gift because the will-maker, by the time of death, no longer owns the property that the will-maker attempted to bequeath in the will.

adjudication - Giving or pronouncing a judgment or decree; also the judgment given.

administration - The process of collecting the estate's assets; paying its debts, taxes, expenses, and other obligations; and distributing the remainder as directed by the will.

administrator - A personal representative, appointed by a probate court, who administers the estate of someone who dies without a will or leaves a will naming an executor who dies before the will-maker or who refuses to serve.

admissible - Evidence that can be legally introduced in court.

adversary system - The system of trial practice in the U.S. and some other countries in which each of the opposing or adversarial parties has full opportunity to present and establish its contentions before the court.

affidavit - A written statement of fact given voluntarily and under oath. 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 extenuating or mitigating circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility. The defendant must prove any affirmative defense he or she raises.

allegation - The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he or she expects to prove.

alimony - A court-ordered payment for the support of one's estranged spouse in the case of divorce or separation.

alternative dispute resolution (ADR) - Means of settling a dispute without a formal trial.

amicus brief - A document filed by an amicus curiae in support of a party in a lawsuit.

amicus curiae - Friend of the court. A party who volunteers information on some aspect of a case or law to assist the court in its deliberation.

ancillary bill or suit - A cause of action growing out of and supported by another action or suit, such as a proceeding for the enforcement of a judgment.

answer - A pleading by which a defendant resists or otherwise responds to the plaintiff's allegation of facts.

Anti-lapse statute - A state law that provides for a gift to go to the descendants of certain will beneficiaries who die before the will-maker dies.

appeal - A request by the losing party in a lawsuit for higher court review of a lower court decision.

appearance - The formal proceeding by which a defendant submits himself or herself to the jurisdiction of the court.

appellant - The party appealing a decision or judgment to a higher court.

appellate court - A court having jurisdiction to review the judgments of a "trial court."

appellee - The party against whom an appeal is filed.

arbitration - Dispute settlement conducted outside the courts by a neutral third party. May or may not be binding.

arraignment - The proceeding in criminal cases where an accused individual is brought before a judge to hear the charges filed against him or her, and to file a plea of guilty, not guilty, or no contest. Also called a preliminary hearing, or an initial appearance.

arrest - To take into custody by legal authority.

assignment - The transfer of one's interest in a right or property to another person or entity.

Attorney-at-law - A lawyer licensed to provide legal advice and to prepare, manage and try cases.

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