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Spanish Interpreter/Translator > English Legal Glossary > Flashcards

English Legal Glossary Flashcards

1
Q

ABANDONMENT

A

A parent’s or custodian’s act of leaving a child without adequate, supervisor, support, or parental contact for expressive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.

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2
Q

ABATEMENT OF ACTION

A

A suit which has been quashed and ended.

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3
Q

ABSTRACT

A

A summary of a larger work, wherein the principal ideas of the larger work are contained.

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4
Q

ABSTRACT OF RECORD

A

A short, abbreviated form of the case as found in the record.

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5
Q

ABSTRACT OF TITLE

A

A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

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6
Q

ACCESSORY

A

A person who aids or contributes in the commission of a crime.

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7
Q

ACCOMPLICE

A

One who knowingly, voluntarily, and intentionally unties with the principal offender in the commission of a crime. A partner in a crime.

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8
Q

ACCORD

A

A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.

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9
Q

ACCORD AND SATISFACTION

A

A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.

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10
Q

ACCUSATION

A

A formal charge against a person, to the effect that he has engaged in a punishable offense.

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11
Q

ACCUSED

A

The generic name for the defendant in a criminal case.

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12
Q

ACKNOWLEDGEMENT

A

A statement of acceptance of responsibility. The shirt declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

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13
Q

ACQUIT

A

To legally certify the innocence of one charged with a crime. To set free, release or discharge from an obligation, liability, or engagement.

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14
Q

ACQUITTAL

A

In criminal law, a finding of not guilty. In contract law, a release, absolution, or discharge from an obligation, liability, or engagement

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15
Q

ACTION

A

Case, cause, suit, or controversy disputed or contested before a court of justice.

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16
Q

ADJUDICATE

A

To determine finally.

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17
Q

ADJUDICATION

A

Giving or pronouncing a judgment or decree. Also the judgment given.

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18
Q

ADMINISTRATOR

A

One who administers the estate of a person who dies without a will. A court official.

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19
Q

ADMISSIBLE

A

Pertinent and proper to be considered in reaching a decision.

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20
Q

ADMISSIBLE EVIDENCE

A

Evidence that can be legally and properly introduced in a civil or criminal trial.

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21
Q

ADMISSION

A

Voluntary acknowledgment of the existence of certain facts relevant to the adversary’s case.

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22
Q

ADMONISH

A

To advise or caution. For example the Court may caution or admonish counsel for wrong practices.

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23
Q

ADOPTION

A

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

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24
Q

ADVERSARY SYSTEM

A

he 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 cross-examination the evidence presented by their adversaries. All this is done under the established rules of procedure before an impartial judge and/or jury.

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25
AFFIANT
A person who makes and signs an affidavit.
26
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.
27
AFFIRMATIVE DEFENSE
Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
28
AFFIRMED
In the practice of appellate courts, the word means that the decision of the trial court is correct.
29
AGENT
One who has authority to act for another.
30
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.
31
AGGRAVATED BATTERY
The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.
32
AGGRAVATING FACTORS
Any factors associated with the commission of a crime which increase the seriousness of the offense or add to its injurious consequences.
33
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.
34
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.)
35
AID AND ABET
Help, assist, or facilitate the commission of a crime.
36
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).
37
ALIBI
A defense claim that the accused was somewhere else at the time a crime was committed.
38
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.
39
ALLEGATION
The assertion of a party to an action, setting out what he expects to prove.
40
ALLEGE
To state, recite, assert, claim, maintain, charge or set forth. To make an allegation.
41
ALLEGED
Asserted to be true as depicted or a person who is accused but has not yet been tried in court.
42
ALLOCUTION
A defendant's statement in mitigation of punishment.
43
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
44
AMEND
To change, correct, revise, improve, modify, or alter.
45
AMENDMENT
The correction of an error admitted in any process.
46
ANNOTATION
A case summary or commentary on the law cases, statutes, and rules illustrating its interpretation.
47
ANNUAL REVIEW
Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.
48
ANSWER
The defendant's response to the plaintiff's allegations as stated in a complaint. An item-by-item, paragraph-byparagraph response to points made in a complaint; part of the pleadings.
49
APPEAL
A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal."
50
APPEARANCE
A coming into court as party or interested person or as a lawyer on behalf of party or interested person.
51
APPELLANT
The party appealing a final decision or judgment.
52
APPELLATE COURT
A court having jurisdiction to hear appeals and review a trial court's procedure.
53
APPELLATE JURISDICTION
The appellate court has the right to review and revise the lower court decision.
54
APPELLEE
The party against whom an appeal is taken. Sometimes called a respondent.
55
ARBITRATION
The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard.
56
ARGUMENT
Remarks addressed by attorney to judge or jury on the merits of case or on points of law.
57
ARRAIGN
The procedure where the accused is brought before the court to hear the criminal charge(s) against him or her and to enter a plea of either guilty, not guilty or no contest.
58
ARRAIGNMENT
A proceeding in which the accused is brought before the court to plead to the criminal charge in the indictment or information. The charge is read to him or her and he or she is asked to plead guilty or not guilty or, where permitted, nolo contendere (no contest). Another term for preliminary hearing.
59
ARREST
To deprive a person of his liberty by legal authority.
60
ARREST OF JUDGMENT
Postponing the effect of a judgment already entered, ordinarily because of an error apparent on the record.
61
ARSON
The malicious burning of someone else's or one's own dwelling or of anyone's commercial or industrial property.
62
ASSAULT
Any willful attempt or threat to inflict injury upon the person of another, when coupled with the present ability to do so, and any intentional display of force such as would give victim reason to fear or expect immediate bodily harm.
63
ASSAULT WITH A DEADLY WEAPON
An aggravated unlawful assault in which there is threat to do bodily harm without justification or excuse by use of any instrument calculated to do serious bodily harm or cause death.
64
ASSAULT, AGGRAVATED
An assault committed with the intention of committing some additional crime.
65
ASSIGNEE
The person to whom property rights or power are transferred by another, a grantee.
66
ASSUMPTION OF RISK
In tort law, a defense to a personal injury suit. The essence of an affirmative defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.
67
AT ISSUE
The time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried.
68
ATTACHMENT
Taking a person's property to satisfy a court-ordered debt.
69
ATTEMPT
An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.
70
ATTEST
To bear witness to, to affirm to be true or genuine, to certify.
71
ATTORNEY
Attorney at law, lawyer, counselor at law.
72
ATTORNEY OF RECORD
The lawyer who represents a client and is entitled to receive all formal documents from the court or from other parties. Also known as counsel of record.
73
ATTORNEY-AT-LAW
An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.
74
ATTORNEY-IN-FACT
A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly, a power of attorney.
75
AUTHENTICATE
To give authority or legal authenticity to a statute, record, or other written instrument.
76
AUTO TAMPERING
The manipulation of an automobile and its parts for a specific purpose.
77
BAIL
Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure his or her appearance in court. Bail and Bond are often used interchangeably
78
BAIL BOND
An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.
79
BAIL BONDSMAN
A person who is the liable party in paying the bond for the defendant's release from jail.
80
BAIL FORFEITURE
Bail that is kept by the court as a result of not following a court order.
81
BAIL REVIEW
A hearing established to re-evaluate the bail amount that was originally set for the accused.
82
BAILIFF
A court officer who has charge of a court session in the matter of keeping order and has custody of the jury.
83
BANKRUPT
The state or condition of a person who is unable to pay his or her debts as they are or become due.
84
BANKRUPTCY
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or “discharged” from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.
85
BAR
Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. More commonly, the term means the whole body of lawyers.
86
BAR EXAMINATION
A state examination taken by prospective lawyers in order to be admitted and licensed to practice law
87
BATTERED CHILD SYNDROME (B.C.S.)
Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian.
88
BATTERY
An offensive touching or use of force on a person without the person's consent.
89
BATTERY, SPOUSAL
An offensive touching or use of force on one's spouse without the spouse's consent. See BATTERY.
90
BENCH
The seat occupied by judges in courts.
91
BENCH CONFERENCE
A meeting either on or off the record at the judge's bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury.
92
BENCH TRIAL
Trial without a jury in which a judge decides the facts.
93
BENCH WARRANT
An order issued by a judge for the arrest of a person.
94
BENEFICIARY
Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.
95
BEQUEATH
To give a gift to someone through a will.
96
BEQUESTS
Gifts made in a will.
97
BEST EVIDENCE
Primary evidence; the best evidence available. Evidence short of this is “secondary.” That is, an original letter is “best evidence,” and a photocopy is “secondary evidence.”
98
BEYOND A REASONABLE DOUBT
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
99
BIAS
Inclination, bent, a pre-conceived opinion or a predisposition to decide a cause or an issue a certain way.
100
BIFURCATE
To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action
101
BILL OF PARTICULARS
A statement of the details of the charge made against the defendant.

Spanish Interpreter/Translator (1 decks)

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