A.B.A.
See American Bar Association.
abandoned and malignant heart
A state of mind indicating the malice aforethought necessary for murder; reckless indifference to an unjustifiably high risk to human life.
abandonment
1. Knowing relinquishment of one’s right or claim to property without passing rights to another and with no intention to reclaim possession. 2. Desertion of one’s spouse or child.
ab ante
(ab AN-tee) Lat. Before; in advance.
abatement
A decrease or termination of something (e.g., abatement of taxes: a rebate of taxes previously paid or a decrease in an assessed valuation; abatement of action: ending or dismissal of lawsuit; abatement of legacy: reduction or extinction of a bequest due to insufficient funds or payment of debt).
abdicate
To give up completely; to renounce.
abduction
1. The criminal taking of a person by fraud, persuasion, or violence. 2. Common law: taking of females for purpose of marriage, cohabitation, or prostitution. 3. Civil law: taking of another’s wife.
abet
To encourage, incite, instigate, or assist another in the commission of a crime with knowledge of its wrongfulness.
abettor
Person who incites, encourages, or commands another to commit a crime. An abettor must share criminal intent.
abeyance
State of being in waiting, expectation, or suspension; an undetermined or unsettled state of affairs. Property held “in abeyance” means there is a lapse in succession of ownership, and title is held in expectation of rightful owner.
abide
1. To comply with a decision; to accept the consequences of. 2. To await a result.
ab initio
(ab in-ISH-ee-o) Lat. From the beginning (e.g., a contract, deed, or marriage is said to be either lawful or void ab initio).
abjuration
The act of taking an oath to renounce or abandon an allegiance or right (e.g., a citizen of a foreign country abjures allegiance to that country upon becoming a citizen of the United States).
abnormally dangerous activity
An activity that always carries with it a serious risk of harm, even if the actor uses reasonable care. A person who engages in an abnormally dangerous activity may be held strictly liable for the harm caused by it.
abode
A person’s home, place of dwelling, or residence.
abortion
The premature termination of a pregnancy. It may be spontaneous (i.e., taking place unexpectedly) or induced (i.e., intentionally removing a fetus from the womb, thereby terminating its life).
abrogation
The annulment or cancellation of a law by legislative act, constitutional authority, or usage.
abscond
To hide or secretly travel out of a court’s jurisdiction in order to avoid the legal process.
absolute
Final, complete, unconditional (e.g., an absolute bond is perfect in itself and has no restrictions upon it).
absque hoc
(ab-skwee hock) Lat. Without this. Words of denial used to 3introduce the negative part of a plea.
abstention
Doctrine whereby a federal court relinquishes its jurisdiction to a state court. It is often used to avoid conflict between federal and state affairs.
abstract of title
A condensed history of the title to a piece of land listing all conveyances, liens, and liabilities on it.
abuse
Misuse; to mistreat physically or mentally.
abuse of discretion
Failure to exercise sound legal discretion. The term is used as a rationale by an appellate court when it is of the opinion that a lower court made an error of law by ruling contrary to evidence, logic, or reason.
abuse of process
The improper use of the legal process, after it has been issued, for a reason other than that intended by-law (e.g., prosecuting a person in order to intimidate him).
abut
To touch; to border on, as where one lot touches another.
abuttals
1. The boundaries to a piece of property. 2. The end (as distinguished from side) boundary lines of a property.
Accelerated Cost Recovery System (A.C.R.S.)
A depreciation method of accounting, wherein the cost of an asset is written off over a set period of time.
acceleration
A shortening of the time required before an event will take place, such as the enjoyment of property rights.
acceleration clause
A provision in a credit agreement that allows a lender of money to call a debt due for failure of borrower to meet some obligation, such as to pay taxes or a special assessment on mortgaged property.
acceptance
1. Consenting to specific terms of an offer, thereby forming a 4binding contract. 2. Act of receiving goods with the intention of keeping them. Act by which a buyer takes title to property. 3. Act of a bank promising to pay person named on a negotiable instrument.
access
The means or right to approach, as in the unobstructed ability to get to and from one’s property. The ability to get from a street to a place of business.
accession
1. Acquiring a right to the thing that becomes part of something else already owned (e.g., the vegetation that grows on one’s property). 2. Under the Uniform Commercial Code, goods that are installed in or affirmed to other goods. See U.C.C. § 9–314(1).
accessory
One who in a secondary role, knowingly aids or contributes to the commission of a crime. An “accessory before the fact” counsels, encourages, or commands another to commit a crime, but is not present during its actual commission. An “accessory after the fact” knows of the crime yet still aids the criminal afterwards, such as by comforting or hiding the criminal.
accident
An unexpected, unforeseen event happening by chance. The term does not eliminate consideration of negligence on the part of the person who caused the accident.
accommodation paper (note)
A bill or note signed, without consideration, by one person to help another get a loan. The person who signed the note freely lends her credit to the accommodated party, and is called the “accommodation maker.”
accomplice
1. One who knowingly, voluntarily, and with common criminal intent aids another in the commission or attempted commission of a crime. 2. One who is guilty of complicity in a crime.
accord
Agreement to settle differences; agreement that a debt obligation be settled for less than the person owed. It constitutes a contract 5and, after performance, bars further action.
accord and satisfaction
Payment of a disputed debt, often for less than the amount to which the creditor is entitled, which satisfactorily settles the obligation for all concerned.
account
1. A written record of money received or paid. 2. An unsettled claim between a debtor and creditor. 3. Money deposited in a bank, such as a savings or checking account. 4. A detailed statement recording the debits and credits between parties.
accountant
Person skilled in keeping financial records. A Certified Public Accountant (C.P.A.) is one who has met specific requirements and is licensed.
accounting, action for
Action to obtain a statement of account, to clarify the rights of parties in a shared asset.
accounting method
The method by which income and expenses are tracked, for tax or other purposes.
accounts receivable
1. List of money owed to a person or entity. 2. A debt.
accredit
To give official recognition or approval, especially to approve of a school for having met academic standards, or to recognize an envoy to a foreign country.
accredited investor
One who qualifies to buy securities in dealings which are exempt from registration under the Securities Act of 1933.
accretion
1. The act of adding to something, especially small bits of land added by action of water. 2. The right of an heir to add to his estate the inheritance of a coheir who is unable or refuses to take his inheritance.
accrual basis
Method of accounting which shows expenses incurred and income earned during a tax year; expenses need not have been paid to be deductible nor income received to be taxed.
accrue
To increase; to grow (e.g., accrued interest is added to principal; accrued profits on an investment are those due and payable).
accumulative sentence (judgment)
An additional sentence imposed on a person already convicted of and sentenced for another offense. The second sentence begins when previous one expires.
accusation
A formal charge, made in court, that an individual or corporation is guilty of a punishable offense.
accused
Person charged with the commission of a crime; the defendant. He is not called “the accused” until after an indictment or information is returned against him, or until he is restrained after an arrest.
acknowledgment
An admission or declaration that a thing is genuine (e.g., “acknowledgment of paternity”: an individual admits his parental relationship; “acknowledgment of debt”: debtor admits his obligation to creditor; “acknowledgment instrument”: a formal document attested to before a proper public officer).
a coelo usque ad centrum
(a COY-lo uskwee ad SEN-trum) Lat. From the sky all the way to the center of the earth. An early principle of property law, by which owners marked boundaries of their property.
acquiescence
Quiet approval or compliance; lack of disapproval. When questioned about a crime, for example, a person’s acquiescence may imply guilt or consent.
acquit
To set free or discharge from accusation or obligation; to declare an accused innocent.
act
1. A law passed by a legislative body. 2. A deed performed voluntarily.
action
1. A judicial proceeding in which a person demands the protection of his or her rights, or in which he or she prosecutes another for a 7wrong done. The term covers all the formal court proceedings, including the decision and the enforcement of penalties. “Action” is used with various words to designate a particular area of lawsuit (e.g., class action, civil action, criminal action). 2. Conduct; behavior.
actionable
An act or occurrence that provides grounds for a lawsuit.
act of God
An event caused solely by the forces of nature (e.g., an earthquake).
act of state doctrine
In international law, the principle that one nation may not judge the acts of another nation done within its own territory.
actual cash value
The fair and reasonable price for which an item or piece of property would sell on the open market. Also “fair market price.”
actual damages
See damages.
actual notice
Express information of facts or circumstances from which it can be reasonably inferred that a party was notified of those facts and circumstances; the notice actually given to convey such information.
actuary
Statistician who calculates insurance and pension rates and premiums, and the value of annuities based on known risk and probability factors.
actus reus
(actus RAY-us) Lat. At common law, the requisite criminal act accompanying the mens rea resulting in criminal culpability.
ad damnum
(ad DAM-num) Lat. To the damages. The clause in a complaint that states the amount of damages or money loss being claimed.
addict
A person who habitually uses narcotics, alcohol, tobacco, or other substances, or who engages habitually in certain conduct, such as gambling.
additur
(ADD-it-tur) Lat. It is increased. The power of the court to increase the amount of damages awarded to a plaintiff by a jury as a condition for denying a new trial to a plaintiff if the defendant agrees to pay the plaintiff extra money. Compare remittitur.
adduce
To present, introduce, or state; used especially with reference to proof or evidence.
ademption
Revocation or taking away of a legacy by an act of the testator. It occurs when a testator, while living, gives the bequest to the legatee or substitutes another bequest for that mentioned in the will. It also can occur when the testator does something to make it impossible for his or her will to be carried out (e.g., if testator disposed of property before he or she died).
adequate
Sufficient; suitable; enough. “Adequate consideration” is a fair and reasonable consideration (or a thing of value) under the circumstances. “Adequate compensation” is the fair market value of property.
adhesion contract
A one-sided contract, unilaterally written by a party who offers it to another on a “take it or leave it” basis. The accepting party has virtually no choice or bargaining power in reference to the contract’s terms.
ad hoc
Lat. For this, for a particular purpose (e.g., ad hoc committees are set up to handle special problems).
ad hominem
Lat. To the person. Most often used with argument. Ad hominem arguments are personal attacks directed not at an opponent’s position, but at his person.
ad idem
(ad EE-dem) Lat. To the same thing, result, or idea (e.g., when two pieces of evidence prove the same thing).
ad infinitum
(ad in-fin-EYE-tum) Lat. Infinitely, without end.
adjective law
The body of law that governs the procedure of the courts as opposed to the law that the courts administer (substantive law). It prescribes the method by which the courts operate.
adjourn
To postpone, put off, or suspend business until a later time.
adjudicate
To act as a judge; to settle.
adjudication
The formal rendering of a final judgment in court.
adjudicative facts
In an administrative proceeding, factual matters concerning the parties (e.g., intent). Contrast with legislative facts, which concern more general facts (e.g., public policy).
adjuration
An oath.
adjuster
Person who settles or adjusts a matter, as an insurance adjuster settles a claim against the insurance company by an insured person.
adjustment
The process of settling a claim; the actual settlement. An insurance adjustment ascertains the value of a property loss and the liability of the parties involved.
ad litem
(ad LIE-tum) Lat. For the suit. A guardian ad litem, for example, may be appointed by the court to handle a suit of an infant.
administration
1. The management of the estate of a deceased person. 2. The management of a business or country. 3. The body of people who work in the executive branch of government.
administrative law
1. Body of law that governs the running of administrative agencies. 2. The rules and regulations created by administrative agencies (e.g., the income tax regulations).
administrative law judge
An official who presides over hearings conducted by an administrative agency. Administrative law judges engage in many of the same functions as other judges, 10including administering oaths, ruling on questions of evidence and procedure, and making findings of fact. Also called a hearing officer.
Administrative Procedure Act
Federal or state provisions governing practice and procedures before administrative agencies.
administrator/administratrix (female)
A person appointed by the court to manage an estate, as compared to an “executor,” who is named by a person in his or her will. See personal representative.
admiralty law
Maritime law; body of law relating to activities at sea such as commerce, navigation, contracts, or torts.
admissible evidence
Evidence that may be introduced in court and considered by a jury; evidence that the court is bound to allow to be introduced. Note, though, that evidence that is otherwise admissible may be withheld from consideration if a judge determines its probative value is outweighed by other factors, such as if it misleads or prejudices the jury.
admission
A voluntary acknowledgment of the existence of facts that are usually favorable to an adversary. An admission is not limited to statements, but may be inferred from a person’s conduct. An admission is not the same as a confession and does not imply guilt.
admonition
A judge’s or tribunal’s statement of advice, warning, or reprimand given to a jury, counsel, or an accused person.
adoption
1. The act of accepting a child born to another person as one’s own with all the rights and responsibilities of parenthood. 2. Passage of a bill into law. 3. The acceptance or appropriation of a thing, such as property, as one’s own.
adulteration
The act of mixing an inferior substance into a superior or pure product. It occurs with reference to drugs, cosmetics, foods, and 11drinks, and produces an inferior or even harmful product.
adultery
Voluntary sexual intercourse between a married person and someone not his or her spouse.
ad valorem
(ad va-LORE-em) Lat. According to value. An ad valorem tax varies according to the value of the thing taxed (e.g., property tax or sales tax).
advancement
Money or property a parent gives her child (or prospective heir) in anticipation of inheritance from parent’s estate; sum is later deducted from child’s (heir’s) share of estate.
adversary
An opponent in a lawsuit.
adversary proceeding
Legal proceeding involving opposing parties.
adverse interest
Interest opposed to one’s own interest. Having an adverse interest sometimes disqualifies a person from being a witness.
adverse party
The party whose interests are opposed to another party in a lawsuit.
adverse possession
Method of acquiring title to real property by openly occupying land for a continuous period of time set by statute. Occupancy must be hostile, that is, occupying party does not recognize title of actual holder, and he uses property without permission of the title holder. Occupant should visibly display his intent to claim and hold property.
advice
Opinion given by counsel to a client.
advisement
Consideration; deliberation. A case “under advisement” means the judge postpones a decision until after a period of consideration of evidence and arguments.
advisory opinion
Formal opinion given by a judge about a matter of law which has no binding effect. It is often given in response to questions of law asked by a legislative body 12or government official. Federal courts cannot issue advisory opinions.
advocate
1. (n.) One who speaks in favor of a cause or another person. A lawyer. 2. (v.) To speak in favor of; to support.
affiance
To promise to marry.
affiant
Person who makes and swears to the truth of a written statement or affidavit.
affidavit
A written statement sworn to or affirmed before a person with authority to witness the oath.
affiliate
1. (n.) Something allied, connected, or closely associated with a larger group. 2. (v.) To join or closely associate with.
affiliation
A close association; used legally to mean the act of determining the parentage of a child.
affinity
Close attraction or relationship between persons, especially the relationship a person has to his or her spouse’s blood relatives.
affirm
1. To confirm, reassert, or agree with, especially when a higher court supports a lower court’s decision. 2. To make a formal declaration about the truth of something in place of an oath.
affirmative action
Action taken to remedy a situation, especially discriminatory practices against minorities, the handicapped, or women. Action may involve hiring, promotion, or testing practices, and can be court-ordered, voluntary, or result from the organization’s status as a federal contractor.
affirmative defense
A defendant’s answer to a complaint that does not deny the facts of the charge or the plaintiff’s complaint, but which presents evidence or arguments in favor of the defendant that mitigate or excuse the defendant’s actions (e.g., insanity, self-defense, and duress are pleas used in criminal 13cases which are affirmative defenses).
affirmative relief
Relief which may be sought by defendant, independent of the success, failure, or abandonment of plaintiff’s claim.
affix
1. To attach, fasten to, or add on, as when a building is affixed to property. 2. To inscribe or impress upon, as when a seal is affixed to a document.
Affordable Care Act
See Patient Protection and Affordable Care Act.
affray
A fight in a public place that disturbs others.
affreightment
Contract made with a shipowner in which owner agrees to carry goods.
aforesaid
Already mentioned.
aforethought
Planned; premeditated; thought of beforehand.
a fortiori
(ah for-tee-OR-ee) Lat. With greater reason. Term is used in logic to mean if one thing is true, then a thing that it encompasses or is less than it, is also true (e.g., if a person is dead, then a fortiori, he is not breathing).
after-acquired
Acquired after a particular date or occurrence (e.g., after-acquired property is property debtor acquires after security transaction is perfected and that is covered by security agreement).
against the weight of the evidence
Contrary to the evidence presented. A trial judge may set aside a verdict and order a new trial if she feels the verdict is clearly contrary to the evidence of the case. It is not proper for a judge to do this unless it can be clearly seen that the jury made a mistake or acted under a bias or with an improper motive, any of which would result in a miscarriage of justice.
age discrimination
The unequal treatment of persons, based on their age. This practice was barred in employment situations by the Age Discrimination in Employment Act of 1967.
agency
1. A fiduciary relationship in which one party represents another by the latter’s authority. The relationship can be between an agent and a principal, in which case the agent acts for the principal by, for example, handling his finances; between a master and a servant, that is, between an employer and an employee; or between an employer and an independent contractor. 2. The place where an agent operates. 3. A branch of government (e.g., a police department).
agent
A person who is authorized to act on behalf of another.
age of consent
1. Age at which persons may marry without parental consent. 2. Age at which a person may consent to sexual intercourse without subjecting his or her partner to prosecution for statutory rape.
aggravated assault
Purposely causing or attempting to cause serious bodily injury to another. Definition varies according to statute, sometimes referring to an assault with intent to commit murder, rape, or robbery, and other times to the degree of fear inflicted by an assault. See assault.
aggravation
Circumstances tending to increase the seriousness or add to the injury of a crime, but that are not part of the actual crime itself (e.g., malicious threats to inflict bodily harm on a kidnap victim).
aggrieved party
1. One whose personal or property rights have been violated or threatened. 2. One who suffered a loss, which may have resulted from a judgment or decree operated against him.
agreement
A meeting of minds; a consensus between two or more parties that affects their legal rights and 15duties. Term is broader than “contract,” as it may lack some requirement of a contract.
aid and abet
To knowingly, purposefully, and actively help in the commission of a crime. It can be by words, acts, or presence so long as person assisted in the perpetration of a crime. One who aids and abets is liable as a principal.
air rights
Right to use the air space above a piece of real estate (e.g., the right to build a bridge over a road).
a.j.
Abbreviation for associate justice or associate judge.
alderman
Person elected to a city council; councilman.
aleatory
(AY-lee-a-tory) Dependent on risky or uncertain outcome.
aleatory contract
A contract in which performance by one party depends on the occurrence of an uncertain or contingent event (e.g., life insurance is aleatory).
Alford plea
A guilty plea in which a defendant does not admit her guilt, but agrees that the evidence against her is such that she probably would be convicted.
alia enormia
(a-lee-a e-NOR-mee-a) Lat. Other wrongs. Term used to claim additional injuries for a plaintiff.
alias
Otherwise called, or another name by which a person is known. Abbreviation is a.k.a. for “also known as.”
alibi
Account of a person’s activities and whereabouts at the time a crime was committed that is used as a defense to show it was impossible for him to commit the crime.
alien
A foreigner; a person who is not a citizen of the country in which she is living. An alien does have the right to protection of life, liberty, and property afforded under the Due Process Clause of the Constitution. A “resident 16alien” has permanent resident status but is not a citizen.
alienate
To transfer or convey title to property.
alienation
The voluntary and complete transfer of title and possession of real property. “Alienation clause” is a provision in an insurance policy that voids the policy when a transfer of ownership occurs.
alienation of affection
A malicious and willful interference with a marital relationship by a third party. It deprives a person of the affection of his or her spouse, and can result from embarrassing, disgracing, humiliating, or inflicting mental anguish on one of the spouses. Note: Almost every state has abolished this as a cause of action.
alimony
Payments made by a divorced or separated husband to his ex-wife (or vice versa) for her support. The amount is court-ordered. Alimony is based on the common law duty a husband has for the support of his wife. In many states, it is called “spousal maintenance” or “spousal support.”
aliquot
(AL-ee-kwot) Lat. Literally means contained an exact number of times in something else. As applied to trusts it means a fractional interest.
aliunde
(al-ee-YUN-dee) Lat. From another source. Term is used with “evidence,” meaning evidence is from another source. An ambiguous will, for example, is clarified by evidence aliunde (i.e., a source other than the will).
allegation
An assertion of fact, made in a pleading, stating what a person intends to prove.
allege
To charge; assert; to make an allegation. “Alleged” means only charged or asserted and not proven.
allegiance
Loyalty and obedience to a country and its government in return for the protection it affords. Allegiance can be natural: that owed to one’s native country; acquired: that which applies to a naturalized citizen; or local and actual: that obedience owed to a foreign government in whose territory one is temporarily present.
all fours
Two cases alike in all legally relevant respects are said to be on “all fours.”
allocation
Placement or assignment of something in or to a particular place, such as the allocation of cash dividends to income or principal.
allocution
A court formality of the sentencing procedure in which a trial judge asks the defendant if he has any legal reason why judgment should not be passed against him and a sentence imposed.
allodial
Owned without obligation to another with superior rights; owned freely.
allograph
A signature made for another person.
allonge
(a-LONZH) A separate piece of paper attached to a negotiable instrument to provide extra space for endorsements. See U.C.C. § 3-204(a).
allotment
A portion or share of something, usually property (e.g., an allotment of land, or an allotment of shares in a company).
alternate dispute resolution
Methods for settling or resolving disputes without litigation. See arbitration, mediation.
alternative pleading
A form of pleading in which a person presents two or more separate, and possibly inconsistent, sets of facts that may form the basis for a claim or defense.
alternative writ
A court order commanding a person to do something or show reason why he should not.
amalgamation
A union of two or more different entities, usually corporations, to form a single concern. Term is also used when referring to the consolidation of unions, associations, organizations, and stock.
ambiguity
An uncertainty, doubtfulness, something that lacks specific meaning. Term is used in referring to an uncertainty in written documents, such as wills or contracts. There are two kinds of ambiguity: latent and patent. Latent ambiguity exists when the document itself is clear but some extrinsic factor makes the document’s execution unclear. Patent ambiguity exists when the language of the document itself is obscure.
ambit
A boundary line marking the limit of something, such as the bounds of a district, jurisdiction, or sphere of influence.
ambulance chaser
A person who pursues accidents for the purpose of representing the injured party in the ensuing litigation or for the purpose of soliciting such a case for a lawyer; generally, an unethical lawyer.
ambulatory
Movable, changeable, revocable. An ambulatory will is one that can be changed or revoked. An ambulatory disposition is a changeable judgment or sentence. Ambulatory jurisdiction is not limited to one location.
amend
To correct or change.
amendment
A change or modification. An amendment of a pleading is any change (such as a correction of an error) in a pleading already made. An amendment of a bill is a change in the bill, and can be made while the bill is being debated in the legislative body or by the governor or president before signing it. An amendment to the Constitution is one of the changes made in or added to the original document.
amenity
In easement law, a restraint on the property owner keeping her from doing something on the property that she could do but for the grant or covenant (e.g., a negative easement).
American Bar Association (A.B.A.)
Voluntary organization of attorneys, the primary function of which is the improvement of the legal profession.
American Civil Liberties Union (A.C.L.U.)
Association dedicated to the protection of civil liberties guaranteed by the federal and state constitutions.
American Constitution Society
A group comprised of lawyers and law students that promotes civil liberties and law reform.
American Depository Receipt (A.D.R.)
A receipt denoting indirect ownership of stock in foreign companies, issued by U.S. banks to U.S. investors.
American rule
The rule that states that all parties to a lawsuit must bear their own costs of litigation. Exceptions to the rule are found in fee-shifting statutes, court rules, or contract clauses that provide for shifting the expenses of litigation.
Americans with Disabilities Act
A federal law that prohibits discrimination against persons with disabilities, or perceived disabilities, in employment, public accommodations, or public services.
American Stock Exchange
Formerly, the second largest stock exchange in the U.S.; since 2008, a part of the New York Stock Exchange.
amicus curiae
(a-MEE-kus KYUR-ee-eye or A-mi-kus KYUR-ee-eye) Lat. Friend of the court. A person who is not party to the law suit but who is permitted, upon petition, to submit information or arguments for the court’s consideration.
amnesty
An act by a sovereign power by which a general pardon is granted to a class of persons who have been guilty of some offense, usually political in nature. Amnesty differs from a pardon in that a pardon excuses an individual for an offense against the peace of the nation.
amortization
The payment of a debt by equal, periodic payments over a course of time (e.g., a mortgage on a house is amortized by making monthly payments on the loan for the number of years the mortgage runs).
analogy
A comparison of similarities in unlike things (e.g., comparison drawn between two different kinds of cases, each of which is governed by same general principle).
ancestor
1. A person from whom another is descended (e.g., a parent or grandparent). 2. A former possessor.
ancillary
Something that acts to assist or is subordinate to something else. Ancillary jurisdiction is the power of a court to rule on a matter not normally within its primary jurisdiction, such as the power of a federal district court to handle actions from a circuit court. An ancillary proceeding is one that grows out of, aids, or is subordinate to another action.
animus
Lat. Will, intention, being of the mind. Term is used in conjunction with other terms (e.g., animus cancellandi (an-i-mus cancel-LAN-dee): with the intention of destroying or cancelling; animus furandi (an-i-mus fur-RAN-dee): with intent to steal; animus testandi (an-i-mus tes-STAN-dee): with intent to make a will).
annex
To attach to, to bind, to add to or join, as a piece of personal property is annexed to real property and so becomes a fixture (see fixture) or as a piece of land is annexed to a city.
annotation
1. Note on a passage in a book intended to explain the meaning of the passage. A legal annotation is an explanation that follows the text or the decision on a case. 2. History of cases construing a statute.
annuity
A fixed periodic payment for life or a specified number of years usually from an insurance company. The payments are a partial return of a capital investment (insurance policy) plus interest. The person receiving the payments (annuitant) does not have an interest in the principal from which this money arises, but only in the periodic payments themselves.
annul
To cancel, void, to do away with, as a marriage or judicial proceeding can be annulled.
annulment
Act of making something void. A marriage annulment differs from a divorce in that a divorce ends a marriage in existence; an annulment voids the marriage from the beginning, as if it never existed.
answer
1. A reply, response. 2. The first response or pleading made by a defendant to the charges leveled against him in a lawsuit. It must contain a denial of the allegations, and may also contain affirmative defenses, and any permissive or compulsory counterclaims.
antenuptial agreement
A contract made before marriage by the future spouses, usually to settle questions of support and distribution of wealth should one spouse die or should the planned marriage end in separation or divorce. Also called a “prenuptial agreement.”
anticipation
1. Doing or taking something before its proper time, such as paying off a mortgage before it comes due. 2. Expectation; knowledge of the probability that something will occur; principal by which negligence is determined if a prudent person could have reasonably expected a thing to happen.
anticipatory breach
The breaking of a contract after it has been entered into but before the actual time of performance arrives. In some jurisdictions, the aggrieved party has a right to sue for breach once the repudiating party states his intention not to perform.
antitrust acts
Federal and state statutes enacted to protect trade and commerce from unlawful restraint and monopolies. See Sherman Antitrust Act of 1890 and Clayton Act of 1914.
a posteriori
(a pos-teer-ee-OR-ee) Lat. From effect to cause. In logic, term means that first one observes effects, then ascertains their causes.
apparent authority
In law of agency, authority a principal permits an agent to have, or holds agent out as having (e.g., an employer permits an employee to have a certain amount of authority in the performance of his job). It includes authority a prudent person would reasonably assume the agent to have.
appeal
To ask a superior court (i.e., an appellate court) to review a decision of a lower court. The process is called “an appeal.”
appearance
A coming before the court either as a plaintiff or defendant and thereby submitting oneself to the court’s jurisdiction. It can be in person or through an attorney, the latter being the case in most civil suits.
appellant
The party who appeals a decision of one court to a higher court.
appellate court
A court with jurisdiction to review cases from a lower court. The U.S. Supreme Court is the highest appellate court in the country. See appeal.
appellee
The party against whom an appeal is made, usually the winner of a case in a lower court.
appoint
In testamentary or probate law, disposing of property pursuant to a power of appointment. To give “power of appointment” in a will or deed is the authority to determine who gets one’s property and how it is to be used.
appointment of receiver
The process by which a party obtains receivership of a provable property interest.
apportionment
1. A fair and proportionate division and distribution of something, such as property, corporate shares, or estate taxes. 2. Process of determining the number of representatives to a legislative body an area is entitled to (i.e., their proportionate distribution throughout the state based on population).
appraisal
An estimation of the value of a property by a qualified, disinterested person.
appreciation
The increase in the value of property for reasons other than improvements (e.g., due to inflation or greater demand for property).
appreciation test
A criminal defendant will be found not guilty by reason of insanity if she shows by clear and convincing evidence that, at the time of the crime, she suffered from a severe mental disease or defect that prevented her from appreciating the wrongfulness of her conduct.
apprehend
1. To seize, capture, take hold of bodily. 2. To grasp in the mind, as in to understand, conceive or fear.
appropriate
1. To set something apart for a particular use, such as land for a public park or funds for highway repair. Appropriation is the governmental act of taking private property and setting it aside for public use. (See eminent domain.) 2. To take something as one’s own. 3. To set apart money or goods for a particular purpose.
appropriation of likeness
Taking or using the name or identity of another person without 24permission, and using it for one’s own financial or other gain.
appurtenance
(a-PURR-ten-ants) Something that is attached or belongs to something else of greater value, such as a barn or a fence to the land it is on. In property law, term refers to a burden attached to land that restricts the use or enhances the enjoyment of the land (e.g., easement, covenant, or servitude). See easement, covenant, and servitude.
a priori
(a pree-OR-ree) Lat. From what goes before; from the cause to the effect.
arbiter
Person chosen to decide a controversy according to the rules of equity and law; a referee; arbitrator.
arbitrage
The purchase of stock or other security in one market and its sale in another market for the profit made in the exchange.
arbitrary
1. By mere opinion; by will alone; not according to reasoned judgment, rules, or determining principles; non-rational. 2. Legally, without substantial legal cause. 3. In trademark law, an arbitrary mark is made up of common words that do not describe or relate to the product represented by the trademark, or to any qualities of the product.
arbitration
The submission of a dispute between two parties to a third, impartial party (arbitrator) with the agreement that the decision of the arbitrator will be binding and final. It is a quasi-judicial procedure that avoids the formality, delay, and expense of a normal trial. See mediation.
arguendo
(ar-gyoo-EN-do) Lat. In the course of an argument. A hypothetical statement made and assumed to be true for the sake of argument. A judge may make a statement arguendo to illustrate a point.
argument
1. An attempt to persuade through a course of reasoning that sets forth facts and laws. 2. Legally, statements made by counsel to a judge or jury in an attempt to further her cause.
arm’s length
Relationship that exists between parties who are unrelated, and have no duty or obligation to each other. An arm’s length transaction is one in which parties act entirely for their own interest. Term is often used in transactions that determine the fair market value of property.
arraignment
The initial step of a criminal proceeding in which an accused person is brought before a judge to be informed of the charges against him, and during which time defendant enters a plea.
array
1. (n.) The body of persons summoned from which a jury is selected. 2. The list of persons impaneled on a jury. 3. (v.) To select jurors.
arrears, arrearages
Debts unpaid and overdue.
arrest
The taking of a person into custody for the purpose of bringing her before a court. The arresting person must have legal authority, must adequately communicate his intent to arrest, and must actually restrain the arrested person for the act to be called an arrest. He must have probable cause to seize and detain (i.e., suspicion is not enough).
arrest of judgment
Act of withholding judgment on legal action because of some error on the face of the record that, if ruled on, may result in a reversal of the verdict on appeal.
arson
The malicious, willful, and unlawful burning of a building or other property. Several states divide arson into first degree, second degree, and third degree depending on the time of the burning and the nature and occupancy of the structure. At common law, structure had to be the dwelling place of another.
article
A separate and distinct part of a document, such as a distinct paragraph in a constitution or statute.
articles of incorporation
The document filed with the state upon the formation of a corporation. It lists, among other things, the purpose of the corporation, its place of business, and the names of its directors. Also called “certificate of incorporation.”
articles of organization
The document used to form or organize a limited liability company (LLC). The document is filed with the state in which the LLC is organized.
artifice
1. A trick; a contrivance. 2. A fraudulent device used to accomplish some evil.
artificial person
An entity created by law that has some of the rights and duties of a natural person (e.g., a corporation).
as is
A phrase denoting a thing is being sold just as the buyer sees it, with no promise from the seller that it is in perfect condition. The buyer takes all risk as to the quality of the item.
asportation
(as-por-TAY-shun) The unlawful carrying away of something. It is an essential element to constitute a crime of larceny.
assault
1. The attempt or threat, accompanied by the apparent present ability, to inflict bodily harm on another. 2. The display of force as to cause fear of bodily harm. Cf. battery. In many states, the crime of assault may include common law battery as well as assault.
assay
The testing of ores and metals, especially gold and silver; examination to determine characteristics of weight, measure, or quality.
assessment
1. The process of determining the value of property for taxation 27(e.g., a property tax assessment). A special assessment is a burden put upon a piece of land with reference to the benefit the property owner gains (e.g., a special assessment for street repairs). 2. The determination of the amount a person will pay into a common fund (e.g., an assessment of condominium owners for the construction of a swimming pool for the building). 3. In relation to corporations, a call made to stockholders to pay the amount of money mentioned in their subscriptions.
assessment of deficiency
The amount of tax due to the Internal Revenue Service by a taxpayer, after I.R.S. review.
assets
Property of any kind that can be used for the payment of debts. Assets include money, land, personal property, and intangibles such as patents and copyrights.
assign
1. To appoint to or designate for a particular purpose or duty. 2. To formally transfer one’s legal rights or interest in property or a contract, as when a deed is assigned to another. 3. To point out or specify, as in to assign mistakes in an assignment of error (see assignment of error).
assignment
The transferring to another of one’s rights or property interest.
assignment for benefit of creditors
A debtor’s transfer of a substantial portion of property to another person in trust for payment of debtor’s debts, with the return of any surplus to the debtor.
assignment of error
The complaint made by an appellant in which he specifies the alleged errors made by a lower court and on which he relies for reversal of the decision.
assignment of income
The transfer of income earned by one taxpayer to another person, so that the transferred income is taxed to the assignee.
assize
(as-SIZE) The writ of an ancient court of assize, determining ownership of title and/or directing the recovery of property.
association
A body of persons united for a common purpose. Term sometimes refers to an organization that acts and is treated as a corporation for federal tax purposes although legally it is not one; an unincorporated society. Professionals and nonprofit organizations, for instance, form associations; also certain business trusts are called associations.
assumpsit
(as-SUMP-sit) Lat. He promised. In contracts, it is a promise, either oral or written but not under seal, by which a person agreed to do or pay for something. The term is used in connection with the recovery of damages for breach of contract.
assumption
Act of taking over; assuming responsibility (e.g., the assumption of a mortgage on a house to make oneself personally liable for the mortgage debt).
assumption of risk
An affirmative defense used by a defendant in a negligence suit in which he asserts plaintiff knew of a danger and voluntarily exposed himself to it. Assumption of risk by plaintiff would relieve defendant of legal responsibility for any resulting injury.
assurance
1. The act of assuring; a declaration which inspires confidence. 2. A pledge, guaranty, or surety. 3. Insurance. 4. A document showing title to real property; a deed. 5. The act of conveying or transferring title.
assured
The person covered by an insurance policy; the insured.
asylum
1. A sanctuary; a place of safety and shelter from arrest or prosecution. Certain states and countries are places of asylum. Term denotes both the place and the protection it affords. 2. Neutral waters where ships take refuge during warfare. 3. Archaic: An institution for the protective housing of the insane, blind, lame, or destitute.
at bar
Before the court. A “case at bar” refers to the specific case presently before the court.
at large
1. Free, not restrained or controlled (e.g., an escaped prisoner is said to be at large until apprehended). 2. Unlimited; open to debate. 3. At large elections are those in which all voters cast ballots for a candidate (e.g., U.S. Presidential or Senatorial elections are at large as opposed to state legislative elections which are limited to in-district voters).
atrocious
Extremely evil, cruel and vile.
attachment
1. The remedy which involves the taking of property to be held as security by the court for the purpose of satisfying an anticipated judgment. 2. A writ issued by the court to the sheriff ordering her to bring before the court a person guilty of contempt. 3. A document affixed to another.
attainder
A form of punishment involving the elimination of the civil rights of a person guilty of a crime punishable by death. The doctrine of attainder was once used as a punishment for treason, but is no longer constitutional.
attempt
Effort to commit a crime where effort goes far enough toward the actual start of the crime yet falls short of its accomplishment; contemplation and preparation are not enough. Thus, the elements of criminal attempt are intent, an overt act coupled with the real possibility to commit a crime, and the failure to accomplish it.
attendant circumstances
Facts surrounding an event; often required to satisfy elements of criminal law (e.g., the defendant’s state of mind during an alleged homicide).
attestation
Act of witnessing the signing of a document, such as a will, and then signing name as such a witness.
attesting witness
The person who witnesses the signing of a document. See attestation.
attorney
1. A lawyer; an officer of the court who has a duty toward a client and the court for the administration 30of law. 2. An agent; a person appointed to act formally for another.
attorney-client privilege
A client’s privilege to refuse to disclose and to prevent others from disclosing anything said in confidence to his attorney.
attorney general
The chief nonjudicial legal officer in the country or a state who advises the chief executive and other heads of the executive department on legal matters. On the federal level, she is a Cabinet member appointed by the President and confirmed by the Senate, and is the head of the Department of Justice. On the state level, she is sometimes appointed by the Governor, but more often is elected at large.
attorney in fact
An agent with authority to do some particular act, not of legal character, for another. The agent is granted such authority by a written document called “power of attorney.”
attorney’s fees
The charge for services rendered by an attorney. Determination of fee may vary, depending on whether the attorney’s contract stipulates a contingency fee, hourly fee, or retainer, or whether the fee is subject to other regulations (e.g., the American rule or the common fund doctrine).
attornment
The recognition of third party as an acceptable successor to a contract, especially the agreement in which a tenant agrees to pay rent to a new owner of property.
attractive nuisance
Dangerous piece of property that may be attractive to children; the doctrine which states that a person who has such a possibly dangerous property or condition on his premises has the duty to take reasonable precautions to guard against injury to children attracted to it. The fact that a child is a trespasser does not relieve owner of responsibility for injuries (e.g., a swimming pool is an attractive yet potentially 31 dangerous condition, and its owner has a responsibility to put a fence around it).
auction
The public sale of personal or real property to the highest bidder. The person who conducts an auction is a licensed individual called an auctioneer, and she operates on behalf of the seller.
audit
1. (n.) An examination of something, especially financial records, accounts, or tax returns, to determine their truth and correctness. 2. (v.) To conduct an audit; to examine; to adjust; to ascertain; to verify.
auditor
Person qualified to conduct an examination of financial records; may be a public official or private accountant working for a business. In court, an auditor, also known as a master, examines an account in controversy and reports to the court, which then uses the report’s information in rendering its judgment.
authentication
To officially recognize a thing as genuine; in evidence, the act of legally recognizing a document, such as a will, a deed, or a law, to be what it is claimed to be.
author
The creator of a work protected by copyright.
authority
1. The right, permission, or power to act, as in the permission a principal gives to his agent to act in his behalf, or the power a police officer has in the lawful exercise of his duties. Authority can be “express” (i.e., that which is explicitly given as in a document of Power of Attorney); it can be “implied,” as in that which can be inferred from a person’s conduct or from circumstances; and it can be “apparent,” as when a principal permits an agent to act. 2. Judicial precedent (i.e., higher court decisions have authority over those of lower courts). 3. A body with power to act.
authorize
To give the right to act; to empower with authority. Sometimes 32term connotes “permitted” or “directed” to act.
automatic stay
In bankruptcy law, an order barring actions to collect a debt from a debtor, that is deemed entered when the bankruptcy petition is filed.
automatism
Act performed in a state of mental unconsciousness; conduct occurring without will or intent. Used as affirmative criminal defense to negate mental intent based on voluntary acts.
autopsy
An examination of a corpse usually to determine the cause of death; a post mortem examination.
avails
Profits or proceeds, such as the avails from the sale of land.
aver
1. (v.) To state clearly; allege; assert. (See averment.) 2. Old Eng. (n.) Property; especially livestock.
averment
In pleading, a positive statement alleging facts; an allegation.
avoid
To annul; make void; cancel; eliminate the efficacy of something.
avoidance
1. In pleading, the statement in which a person admits facts in an allegation against him, yet also shows why those facts should not have their normal legal effect (i.e., to avoid them). (See affirmative defense.) 2. An annulling or voiding of something. 3. Evasion.
avoidance of tax
The means by which one legally minimizes his tax liability (e.g., taking valid deductions to reduce taxable income). In contrast, “tax evasion” is the fraudulent reduction of tax liability.
avowal
A declaration or offer of proof made outside of the jury’s hearing, by a witness not permitted to testify before the jury, in order to have the statement recorded should the case be appealed.
avulsion
The removal of soil by the action of water, and its placement on the land of another. It differs from accretion (see accretion) in that avulsion is a sudden, perceptible change, and in that the ownership of the land does not change. Avulsion also denotes the sudden change in the course of a river or stream; this does not change the boundary line marked by the previous course of the water.
award
1. (v.) To give or grant, as when a jury awards damages, or when a contract is awarded to a firm. 2. To adjudge, as when a court rules on a matter in controversy. 3. (n.) The decision rendered by a tribunal.