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Glossary of Personal Injury Law Terms
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Legal Glossaries Main Page
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Abstract of Title: A chronological summary of
all official records and recorded documents affecting
the title to a parcel of real property.
Accomplice: 1. A partner in a crime. 2. A
person who knowingly and voluntarily participates with
another in a criminal activity.
Acknowledgment: 1. A statement of acceptance
of responsibility. 2. The short declaration at the end
of a legal paper showing that the paper was duly
executed and acknowledged.
Acquit: To find a defendant not guilty in a
criminal trial.
Action. In the legal sense, a formal complaint
or a suit brought in court.
Additur: An increase by a judge in the amount
of damages awarded by a jury.
Adjudication: Giving or pronouncing a judgment
or decree. Also the judgment given.
Ad Litem: A Latin term meaning for the
purposes of the lawsuit. For example, a guardian
"ad litem" is a person appointed by the court
to protect the interests of a minor or legally
incompetent person in a lawsuit.
Administrative Agency. Governmental body
responsible for administering and implementing a
particular legislation, such as laws governing traffic
safety or workers' compensation. These agencies may have
rulemaking power and judge-like authority to decide
disputes.
Administrative Hearing. Proceeding before an
administrative agency which consists of an argument, a
trial, or both. Rules governing the proceeding,
including rules of evidence, are generally less strict
than in civil or criminal trials.
Administrator: Person appointed by a court to
administer a deceased person's estate. The person may be
male (in which case, he would be referred to as the
"administrator") or female (in which case, she
would be referred to as the "administratrix").
Admissible evidence: Evidence that can be
legally and properly introduced in a civil or criminal
trial.
Adversary Proceeding. Legal proceeding
involving parties with opposing interests, with one
party seeking legal relief and the other opposing it.
Affiant: A person who makes and signs an
affidavit.
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.
Agreement: Mutual assent between two or more
parties; normally leads to a contract; may be verbal or
written.
Aid and Abet: To actively, knowingly or
intentionally assist another person in the commission or
attempted commission of a crime.
Allegation. The claim made in a pleading by a
party to an action setting out what he or she expects to
prove.
Alternative Dispute Resolution: Settling a
dispute without a full, formal trial. Methods include
mediation, conciliation, arbitration, and settlement,
among others.
Amicus Curiae. (Latin: "friend of the
court.") Person or organization that files a legal
brief with the court expressing its views on a case
involving other parties because it has a strong interest
in the subject matter of the action.
Appeal. Request to a superior or higher court
to review and change the result in a case decided by an
inferior or lower court or administrative agency.
Appearance: 1. The formal proceeding by which
a defendant submits to the jurisdiction of the court. 2.
A written notification to the plaintiff by an attorney
stating that he or she is representing the defendant.
Appellate Court. A court having jurisdiction
to hear an appeal and review the decisions of a lower or
inferior court.
Arbitration: A form of alternative dispute
resolution in which the parties bring their dispute to a
neutral third party and agree to abide by his or her
decision. In arbitration there is a hearing at which
both parties have an opportunity to be heard.
Arbitrator: A person who conducts an
arbitration.
Arraignment: A proceeding in which an
individual who is accused of committing a crime is
brought into court, told of the charges, and asked to
plead guilty or not guilty. Sometimes called a
preliminary hearing or initial appearance.
Arrest: To take into custody by legal
authority.
Assault. A willful attempt or threat to harm
another person, coupled with the present ability to
inflict injury on that person, which causes apprehension
in that person. Although the term "assault" is
frequently used to describe the use of illegal force,
the correct legal term for use of illegal force is
"battery ."
Assumption of the Risk. When a person
voluntarily and knowingly proceeds in the face of an
obvious and known danger, she assumes the risk. A person
found to have assumed the risk cannot make out the duty
element of a negligence cause of action. The theory
behind the rule is that a person who chooses to take a
risk cannot later complain that she was injured by the
risk that she chose to take. Therefore, she will not be
permitted to seek money damages from those who might
have otherwise been responsible.
Attorney-Client Privilege. Client's privilege
to refuse to disclose and to prevent any other person
from disclosing confidential communications between the
client and his or her attorney.
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.
Attorney of Record: The principal attorney in
a lawsuit, who signs all formal documents relating to
the suit. |
