Legal Terms Flashcards

1
Q

Acquittal

A

a jury verdict of not guilty in a criminal action

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2
Q

Action

A

a lawsuit brought in court

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3
Q

Additur

A

an amount of money conferred by the judge in addition to the damage award provided by the jury

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4
Q

ad hoc

A

for a specific purpose (ex: ad hoc committee organizes to achieve a particular goal and then disbands)

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5
Q

Adjourn

A

to end or postpone to a later time

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6
Q

Administrative Agency

A

an agency of the executive branch whose duty is to carry out statues and executive orders

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7
Q

Administrative Regulations

A

consist of the rules of an administrative agency designed to explain and carry out the statutes and executive orders that govern the agency; bind the agencies and the public in certain areas

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8
Q

Ad Damnum Clause

A

a statement in the complaint in which the plaintiff claims the right to receive a sum of money as damages
also called “prayer for relief” or “wherefore” clause

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9
Q

Admissible Evidence

A

evidence that has been admitted for consideration regarding its truth or falsity by the judge or jury

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10
Q

Admission

A

an out-of-court statement made by a party to the litigation that is inconsistent with the position the party is adopting in the litigation

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11
Q

Adversarial Hearing

A

a hearing where both parties are present to argue their respective positions; this system places the burden of proving or disproving legal arguments upon parties in the litigation process rather than on the judge

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12
Q

Adverse Judgement

A

the is a decision against the party whom you and your attorney represent

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13
Q

Affidavit

A

a written statement of fact that the affiant swears or affirms is true

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14
Q

Affiant

A

a person who swears or affirms under penalty of perjury to the truthfulness of a written statement; the person who signs an affidavit

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15
Q

Affidavit of Service

A

a written statement sworn to by the affiant that states a party has been served with papers and stating the time and place details of the service

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16
Q

Affirm

A

to uphold or establish

17
Q

Affirmative Defenses

A

new factual allegations by the defendant not contained in the plaintiff’s allegations

18
Q

Allegation

A

an assertion, representation, or averment

19
Q

Alternate

A

an extra juror who sits with the regular jurors and who may take the place of a regular juror if one becomes incapacitated during the trial

20
Q

Answer

A

the pleading filed by the defendant responding to the allegations of the plaintiff’s complaint

21
Q

Appeal

A

an application to a higher court to correct or modify the judgment of a lower court

22
Q

Appeal as a Matter of Right

A

the appellate court has no discretion as to whether to hear the appeal and is thus required to review the lower court’s decision

23
Q

Appearance

A

when a party appears in court, whether as a plaintiff or defendant

24
Q

Appellant

A

the party initiating the appeal; traditionally the party that lost in the trial court

25
Q

Appellate Brief

A

consists of a written argument presented to the appeals court by the appellant indicating the issues on appeal and the positions of the appellant on those issues relating to the claimed errors and improprieties that occurred during the trial

26
Q

Appellate Court

A

a higher court within the same judicial system as the trial court that hears the appeal from the trial court

27
Q

Appellate Jurisdiction

A

the power of a superior, appellate court to review and modify the decision made by an inferior, trial court

28
Q

Appellee

A

the party against whom the appeal is brought; traditionally the party that was victorious in the trial court

29
Q

Arbitration

A

alternative to litigation; the submission of a controversy to the judgment of another whose decision may then be binding on both parties

30
Q

Arraignment

A

a court proceeding in which the defendant is advised of the charges and is required to enter a plea admitting or denying the offenses