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A-B TRUST - See bypass trust.

ABANDONMENT - 1. The act of giving up some right or interest with the intent of never claiming it again. 2. In the Family Law, the act of leaving a spouse or children willfully and without intent to return.

ABET - 1. To encourage and assist (someone), esp. in the commission of a crime 'abet a known felon'. 2. To support (a crime) by active assistance 'abet a robbery'.

ABSTENTION - A Federal Court's relinquishment of jurisdiction over a case to avoid needless conflict with a State's administration of its own affairs.

ABSTRACT OF JUDGEMENT - a copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor's nonexempt property.

ABSTRACT OF TITLE - A concise statement, usu. Prepared for a mortgage or purchaser of real property, summarizing the history of a piece of land, including all conveyances, interests, liens and encumbrances that affect title to the land.

ABSTRACT OF RECORD - A short, abbreviated form of the case as found in the record.

ACCESSION - Adding on. In civil law, the right to all that one's property produces, not just the property itself.

ACCESSORY - A person who assists in the commission of a crime, either before or after the fact.

ACQUITTAL - A verdict in a criminal trial in which the defendant is found not guilty of the charge.

ACTION IN PERSONAM - An action against the person, founded on personal liability, in contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile.

ACTUAL MALICE - To win a defamation suit, public officials or prominent people, such as political candidates or movie stars, must prove that the offender made a false statement with actual malice. This means the statement was made with knowledge that it was false or with serious doubts about whether it was true.

ADJOURNMENT IN CONTEMPLATION OF DISMISSAL - See pre-trial diversion.

ADJUDICATION - Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court.

ADMINISTRATOR - Person appointed to oversee the handling of an estate when there is no will.

ADMISSIBLE EVIDENCE - Evidence which can legally and properly be used in court.

ADMISSION - A statement tending to establish the guilt or liability of the person making the statement.

AD QUOD DAMNUM - A writ causing an evaluation of damages that might result from someone's actions. Example: you wish to dam a creek on your land to power a mill. The pond may damage another's land.

ADVANCE DIRECTIVE - see living will .

ADVERSARY SYSTEM - The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.

ADVERSE POSSESSION - Gaining title to another's land by exercising the rights of ownership of that land unchallenged for a period of time, typically on the order of five to ten years, and meeting other requirements (as set by each state). See seizing.

AFFIDAVIT - A written and sworn statement witnessed by a notary public or another official possessing the authority to administer oaths. Affidavits may be admitted into evidence.

AGE OF MAJORITY - The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18.

AGENT - One who has authority to act for another.

ALIBI - A defense claim that the accused was somewhere else at the time a crime was committed.

ALIEN - To transfer (lands, title) to another.

ALIENATION - A transfer of title or property to another.

ALIMONY - Also called maintenance or spousal support. In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage.

ALLEGATION - The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

ALODIUM - Land owned independently, without rent or other obligation to another. See Freehold Estate. The alodial (also 'allodial') system is opposed to the feudal system.

ALTERNATIVE DISPUTE RESOLUTION (ADR) - Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation.

AMICUS CURIAE - Latin for "friend of the court." Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.

ANNUAL REVIEW - Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.

ANNULMENT - A legal decree that states that a marriage was never valid. Has the legal effect of wiping out a marriage as though it never existed.

ANSWER - In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability.

APPEAL - A request to a supervisory court usually composed of a panel of judges, to overturn the legal ruling of a lower court.

APPELLANT - The litigant who brings the appeal.

APPELLATE COURT - A court, which hears appeals from a lower court.

APPELLATE JURISDICTION - The appellate court has the right to review and revise the lower court decision.

APPURTENANCES - Easements, rights of way, or agreements attached to land.

ARBITRATION - A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator.

ARRAIGNMENT - In a misdemeanor case, the initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea is entered. In Juvenile Court, the first hearing after a petition has been filed.

ARTICLES OF INCORPORATION - A document that must be filed with a state in order to incorporate. Among the things it typically must include are the name and address of the corporation, its general purpose and the number and type of shares of stock to be issued.

ASSAULT - A willful attempt to illegally inflict injury on or threaten a person.

ASSIGNMENT - The transfer of legal rights, such as the time left on a lease, from one person to another.

ASSIGNEE - See assigns. Often seen in conjunction with land warrants which were assigned (sold) to speculators.

ASSIGNS - Anyone acting on behalf of or in place of the nominal owner. The owner may have transferred or sold his rights to someone else or appointed an attorney to act on his behalf.

ASSOCIATE JUSTICE - A justice of the Supreme Court, excluding the Chief Justice.

ASSUMPTION OF RISK - A defense raised in personal injury lawsuits. Asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.

ASYLUM SEEKER - a foreigner, already in the U.S. or at the border, who seeks refuge, claiming an inability or unwillingness to return to the home country because of a well-founded fear of persecution.

AT-WILL EMPLOYMENT - An employment relationship where the employer has the right to fire a worker for any cause at any time--usually without any notice.

ATTORNEY OF RECORD - Attorney whose name appears in the permanent records or files of a case.

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