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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2570

Aggravated Assault
n. it signifies the filing common or special bail to the action. The appearance, with all other subsequent pleadings is supposed to take place in court. Originally the person involved was needed to be physically present but more recently attorney can be present himself without the person being needed to be there. But there is always supposed to be ...

Agreed Statement
n. the person or a party making an appeal from one jurisdiction to another. Usually its the party who, having lost their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

n. a court which has legal power and superiority over a lower court to which appeallant can make appeals to and the court can pass judgements nullifying judgements passed by lower court or even reversing the rulings in case it finds application of wrong legal standards.

Aid And Abet
n. the person or the party in a cause against whom an appeal has been taken into consideration by a court. The appellee's opponent on appeal is the appellant. Usually appellee is the one in whose favor the lower court has passed a judgment.

n. to appraise is to give a just valuation of property. The need arises in such times where the justice to be done to a party depends on the just value of a property, for example in distributing assests of the deceased, evaluating mortages, determining minimum auction price, finding out damage to public property, fixing the value of stolen/damaged ...

n. he is a person appointed by competent authority to appraise or value goods. Appraisers are sometimes appointed to assess the damage done to property, or to estimate its value when taken for public use or to evaluate the worth of a dead person's property, etc.

v. to increase the value of an asset. Opposed to depreciate, this could be natural or artificial. Inflation, black marketing, rarity of occurance, exceptionally high quality of product, etc. are the situations that can lead to appreciations.

v. the bench area is the sacred territory of the judge, located between the counsel table and the front of the bench, the bench here refering to large desk or dias on which the judge sits. Approaching the bench is the action of a counsel reaching that space, commonly for the purpose of speaking to the judge or passing physical evidences for judge's...

v. permission seeked by attorney from the judge to go near to witness box to question the witness or display something to him. Attorneys are not allowed to hover over a witness, even when permission has been granted to approach the witness. They are expected to cross-examine the witness and leave as soon as they are finished, and maintaining a resp...

Alienation Of Affections
n. belonging to; pertaining to of right. As a legal term is stands for what belongs to and goes with something else, the accessories or things usually conjoined with the substantive matter in question. Generally, if right over other (the servient tenement) property is enjoyed alongside a right over some property (say dominant tenement), and the deg...

n. a person who decides right or wrong in a case without any control and has arbitrating power. An arbitrator is not bound by precedent and has a great leeway in such matters as active participation in the proceedings, accepting evidence, questioning witnesses, and deciding appropriate remedies.

All The Estate I Own
n. arbitration is a form of mediation, where the authority to act as a mediating party is given by the disputants to some middle person or institution. In practice arbitration is generally used as a substitute for judicial systems. It is of prime importance in cases of judicial processes being ineffective or too slow, expensive or biased. Arbitrati...

n. a private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same. This power to them is given by the parties involved with mutual consent. An arbitrator is not the decision maker via a formal law procedure and is called so because he generally has an arbitrary power, there being in common n...

prep. latin arguendo means "for the sake of argument". It is used in the logical context in courtroom conversations, for example, in the sentence, "assuming 'arguendo' that my opponent's contentions are correct" it is understood to mean that, 'for the sake of arguing concerning another thing.'

adj. argumentative word is used for questions of the nature that might prompt some witness to draw conclusions from some fact. Argumentative is an evidentiary objection. The objection against it is raised as, "Objection your Honor, argumentative". Since a witness is not supposed to be made to draw inferences from information.

Alter Ego
adj. the term is used for transactions, pricing or deals agreed upon by wo such parties, in a manner that does not take into consideration any kind of relation the two parties might share say for example, previous financial agreements, blood relation, etc. The dealing is without any affiliation towards each other and is strictly as business deal, i...

Alternative Dispute Resolution
(ADR) "Any process that helps people put an end to their disputes without going to court. Two methods of ADR are arbitration and mediation. ADR is advantageous because it is less time-consuming and less-costly than court hearings. However, it often involves compromise which some parties are not willing to give.

Alternative Pleading
v. to arraign is to call the defendant to the court after filing of charges against him and before any legal procedure is commenced in the case. He is given a copy of indicment and told the charges brought against him and is supposed to either confess or plead not guilty, though other peremptory pleas can also be made by him.

n. a criminal law procedure which involves the calling of the defendant to the court, after charges are filed against him. It consists of three parts, viz, 1.) he is called upon by the court and his identity is established, 2.) the whole indicment is read, so as to enable him fully understand the nature of charges to be produced against him in the ...

American Civil Liberties Union
n. also called arrearages, it is the legal term for the debt accrued after missing an expected payment. Arrears accrue from the date upon the first missed payment. The term is often used to describe being late with rent, royalties (or other contractual payments), child support, or other legal financial obligation.

American Depository Receipt
v. this comes from the french word Arrêt meaning to stop and in practice it means to apprehend a person suspected of committing a crime, so as, to curtail his liberty or free movement, by legal authority. It must be noted that an arrest need not be by actual force or manual touching of the body; it is called an arrest if the party agrees to b...

Americans With Disabilities Act
(ADA) "Federal law which outlaws discrimination against individuals with disabilities (physical or mental) in employment, public services, and places of public accommodation.

The American Stock Exchange.

Amicus Curiae
n. An arrest warrant is an authorisation given by a public officer which authorizes the arrest and detention of an individual by some law enforcement body. Warrants are typically issued by courts but can also be issued by houses of Congress or other legislatures.

n. malicious burning of property to destroy it or to harm some person; an offence of the degree of felony. Since the intent is malicious hence the deaths that might occur are considered murder. Also acts of intentionally burning down own property is considered arson if done with malacious intent, eg. to get fire-insurance money. Also some countries...

n. a division of the content of books. for exmaple, legal agreemnts or constitution or deeds, etc. are regrouped into smaller sections for the sake of perspicuity.

Ancillary Administration
n. the set of charges drafted against a public official to initiate the impeachment process. These articles do not usually pursue the strict form and accuracy of an indictment. Though being general in form, the articles do contain so much certainty, as to enable the party to put himself on the proper defence, and in case of an acquittal, to avail h...

Ancillary Jurisdiction
n. also referred to as Certificate of Incorporation or the Charter, The Articles of Incorporation are the basic rules governing the management of a corporation, and are filed with a state or other regulatory agency. The general information provided by a corporation's Articles of Incorporation is, and not limited to: 1.) name of the Incorporator, 2....

adj. it is a used to disclaim liability for an item being sold or processed. Often used by brokers or a middleman in a transaction, the phrase denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists. This of course comes with the right of buyer to have a pre-purchase inspection and detemine the ...

v. an assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness. This could be actual harm or intention of harm or both. Say if someone has an ability and an intention of actual violence against a person, then any threatening action by him is considered assault., without him ...

A legal decree that states that a marriage was never valid.

v. a battery is unlawfully touching the person by an aggressor with an intention of hurting the person. Hence any injury caused in an angry, spiteful, rude or insolent manner, as by spitting in face, or touching in anger, or violent jostling are all batteries in the eye of the law. While assault can be an attempt, battery calls for necessary bodily...

(Prenuptial) v. to judge or establish the value of. This could include for example, fixing the proportion which every person has to pay of any particular tax; estimation of damages by the prothonotary; finding the value for purposes of distributing property of deceased or for purpose of mortgaging some property, etc.

Anticipatory Breach
n. derived from the french word, assez meaning enough that is, the word asset is used for the property in the hands of an heir, executor, administrator or trustee, which is legally or equitably chargeable with the obligations, which such heir, executor, administrator or other trustee, is, as such, required to discharge. In general sense the word st...

Antitrust Laws
v. a term used in contracts it means, 1.) to make a right over to another person as in, assign an estate, an annuity, a bond, etc. over to him, 2.) to appoint and allocate some duty to a person, or 3.) to set forth or point out as in, assigning errors or assigning false judgement.

Apparent Authority
n. essentially assigned risk is a poor risk that an insurance company is compelled to cover under state laws. If the state does not allow a person to drive without a insurance, and if the insurance companies do not accept the person, then the insurance is placed by the state. The state plan assigns the application to a licensed insurance company fo...

n. assignee is the person or party that gets a transfer of some rights held by one party, the assignor, via signing of some application.

n. the term prevails in USA for the members of the United States Supreme Court court other than the Chief Justice. Although they have same powers as Chief Justice in deciding cases, but in drafting opinions, the Chief Justice gets to assign who gets to write the opinion in a case when the Chief is in the majority, thus having an additional influenc...

n. an association is the people who come together for some common specific purpose. Usually used for groups that are large in number, their capital more considerable, and their enterprizes greater, either on account of their risk or importance in the market. When authorized by the government these are called corporations else if not legally establi...

Appellate Court
v. the literal meaning is to take on a certain form, attribute, or aspect. In legal parlance it refers to taking over of a liability. In real property law, to assume is to transfer a mortgage from the seller to the buyer.

n. an assumption is taking over of debt liability. In real property law, an assumption is the mortgage transfer from the seller to the buyer.

"Determined by a professional appraiser, the estimated value of a property.

n. assumption of risk is a defense in the law of torts, which bars a plaintiff from getting compensated by a so-called negligent tortfeasor, if the defendant proves the involvement of risk being inherrent in the plaintiff's act and the plaintiff knowingly and willingly assumed the risks by participating in the act on his free will. eg. rock climbin...

n. a person who has been insured by some insurance company, or underwriter, against losses or perils mentioned in the policy of insurance.

n. in common law jurisdictions of the United States, employment contracts for temporary employment are held to be "at will" of the employer meaning they can dismiss the employee anytime for any reason. In contrast some jurisdictions (England, Canada, etc.) require a reasonable notice or a cause before the employee can be fired.

Approach The Bench
adj. someone apprehended for contempt of court, on the basis of a writ by the court is said to be attached if he is not taken to a person of higher power but is kept with the party attached, according to the exigency of his writ, and brought to the court by the law enforcer on the day assigned.

Approach The Witness
n. a writ requiring a law enforcer to apprehend a person guilty of. a contempt of court, and to bring the offender before the court. Such a writ may be awarded by the court upon a bare suggestion accompanied by an oath about the crime committed or on their own knowledge without indictment or information. Also if an officer of court itself misbehave...

v. attempting is to commit a crime, is an endeavor to accomplish it, carried beyond mere preparation, but falling short of execution of the ultimate design, but not failing in the ulterior motives. Hence an attempt to crime is treated as seriouslly as the crime itself. Sometimes the distinction between preparation of crime and an attempt to commit ...

v. to attest is to act as a legal witness of an instrument of writing, at the request of the party making the same, and by subscribing it as a witness. Usually an officer of pre-specifed rank can attest documents as witness.

n. he is someone who acts for another by virtue of an appointment by the latter. The legal system in USA does not differentiate between lawyers who plead in court and those who do not, whereas some other legal jurisdictions do. Hence even when in common usage attorney would mean lawyer only, but technically the meaning differs from place to place. ...

n. a court officer, who is employed by a some party or some legal institution to manage some cause for them. Earliest records of the courts show first appearances of attorneys in England. By virtue of their work and duties performed, an attorney at law cannot be an attorney of both the litigating parties, in the same controversy.

n. in many jurisdictions, the Attorney General or Attorney-General, and is the main legal adviser to the government, and might have other executive responsibility too. His duties are prosecution of and conducting all suits in the supreme court, giving advice upon questions of law and legal dilemmas, from The President or from the heads of any of th...

n. he is an attorney who does the takes care of the legal modalities of his client in court. He could either be a lawyer who takes a case in the case or could be a licensed officer who manages legal works on behalf of his client, by being engaged in the conduct of the matter or litigation, shall sign all pleadings, documents, and briefs, and shall ...

n. essentially is is the legal concept of protecting communications between a client and his or her attorney by keeping it confidential. Used as a confidence building measure, its sole reason is to promote open and honest conversations between the two. Not all jurisdictions provide these priviledges. for example, within USA itself, the Washington s...

Arm's Length
n. a person who is authorized to act on someone else's behalf in a legal or business matter is called attorney in fact, who then acts in the principal's name. say for example, signing the principal's name to documents and filing suit with the principal's name as plaintiff. Since he is required to be completely honest, fair and loyal to the principa...

n. attorney's advertising is the promotion, via instruments of mass media, of the legal services an attorney can provide. It was considered that the rights and obligations of attorneys involved in the dissolution of, or withdrawal from, a law firm are affected by rules governing attorney advertising and solicitation; and hence prior to 1977 commerc...

(n) Arraignment is the first appearance of an accused before a judge in a criminal proceedings where in the charges against him are read to him and his plea is recorded. During arraignment a lawyer is appointed when the defendant cannot afford the service of a lawyer.

(n) Arrears is the amount due to a person or entity by virtue of an agreement or obligation which is not paid or otherwise settled as on that date. Eg. Salary arrears, rent arrears etc. The term is associated with liability on account of regular services or obligations.

(v) Arrest is the action by which a person is stopped from his normal activities by virtue of a legal authority or sanction, either by detaining him or by stopping his external accesses. By an arrest, a person is deprived of his liberty. So the law contain many provisions like requirement of a warrant, adherence of Miranda rights, arraignment withi...

Arrest Warrant
(n) Arrest Warrant is the written order issued by a judge to the law enforcement officers to arrest a person who was believed to be committed or may do a crime if he is not stopped from his activities.

(n) Arson is the act of burning an article or property with a purpose to destroy or damage them, scar or horrify the public or a section of them, with a criminal intention. Eg. Setting the farmhouse to fire to force the inmates to leave the place.

(n) Article is the collection of material, information etc gathered, grouped or otherwise formed in to an identifiable object, part or section with its own existence and completeness

Articles Of Impeachment
(n) Articles of Impeachment is the charges made against a person holding a public office with whom statutory procedures to remove him from such office is initiated. The impeachment motion is voted in the house based on the Articles of Impeachment.

Articles Of Incorporation
(n) Articles Of Incorporation is the written document filed with the statutory authority, containing the information required by law about the provisions and rules for conductance of a the body incorporated. Articles contain name, objectives, types of share and their rights, administration provisions etc. It is a public document based on which an o...

As Is
(n) "As is' is the qualification used to represent the status of an article which exempts the article from the requirements expected from a merchandise of its nature and limits the rights of the buyer to the extend what is available then. It is commonly used as " as is where condition" with vehicles, damaged items, property etc where...

Asbestos Law
"Litigation of class actions involving people who have been exposed to asbestos and are at higher risk for lung cancer, mesothelioma, and asbestosis.

(v) Assault is the intentional action by which a person cause or attempt to cause injury or threat to injure when he is capable of inflicting injury to another person. An assault need not result in injury to the other person.

Assault And Battery
(n) Assault And Battery is the intentional action by which a person inflict an injury or cause or attempt to cause injury by resorting actual beating.

(v) Assess is the action by which the worth, quantum or limits of an article, property, right or liability etc is arrived or otherwise worked out from the apparent features and circumstances prevailing there in. Eg. 1.Assess the taxable income.2. Assess the damages caused by an accident.

(n) Asset is a property, article or right owned by a person or legal entity, which can be separately identified and which has a monetary value. Eg. Amount due from debtors 2) Furniture 3) Landed property

(v) Assign is the act of transferring an asset of monetary value to another person or entity by any mode of transfer with or without any obligation attached to such transfer. A will or gift deed assign a particular property mentioned therein to the beneficiary.

Assigned Risk
(n) Assigned Risk is the contingent liability associated with an insurance cover which has been transferred to another person or entity along with the premium of such assigned policy.

(v) Assignee is the person or legal entity to whom an asset of monetary value is transferred by any mode of transfer with or without any obligation attached to such transfer.

Associate Justice
(n) Associate Justice are the members of US Supreme Court who are appointed by the President to assist the Chief Justice in execution of his duties. In US, eight members are appointed as Associate Justice. The period of their service is deemed to be until death, voluntary retirement or statutory impeachment.

(n) Association is a body of individuals whether incorporated or not, grouped for a common cause or objective to achieve such unique cause or objective or all such future causes or objectives. An Association need not be always formal with defined rules and regulations. Associations need not be a legal one.

(v) Assume is the action by which a person accepts a fact, meaning, obligations, liability etc attached or connected with the subject matter under reference. Eg. Assuming the liabilities of a firm when it is absorbed by another firm.2. Assuming the charge of the arbitrator

(n) Assumption is the process or act by which a person accepts a fact, meaning, obligations, liability etc attached or connected with the subject matter under consideration.

Assumption Of Risk
(n) Assumption Of Risk is the notional acceptance of the hazard or danger associated with an activity by accepting, following or otherwise doing or attempting to do such activities. Eg.1.Participating is ski diving excercises.2. Snake charming 3.Trading in futures.

(adj) Assured is the quantum of monetary value which has been guaranteed on the occurrence of any said or expected future event to the person, entity, property, article, transaction etc, which has been insured for its insurable interest.

At Issue Memorandum
A detailed memorandum on the opposing positions in a dispute.

At Will Employment
(n) At Will Employment is the situation by which an employee serve an employer so long as the employer permit or like to maintain the employee-employer relationship. In an 'At Will Employment' The employer can discontinue the service of the employee at any time he prefer without any obligation or liability on account of discontinued contract

(adj) Attached is the situation by which an article , property, right, obligations etc is linked to another article , property, right obligations etc which cannot be separated without losing the existence and identity of each other or any of them. Eg. Attached Bathroom.2. Property attached by a court order

(n) Attachment is the process by which a property, article or right is seized by law and linked to satisfy, compensate or otherwise secure an obligation brought to legal action. Attachment is generally ordered when the defended is expected to flee or dispose the item to avert the liability.

(v) Attempt is an intentional try to achieve a targeted result whether the expected results are attained or not. Eg. Suicide attempt.2. Attempt to kill a person, but foiled by the police. A desire or thinking is not an attempt unless there is a commencement of action.

(v) Attest is the action by which a document is authenticated by affixing signature on the document by the person or persons required or authorized to do so. Example. A witness is attesting the authenticity of the signatory of a document

(n) Attorney is the person qualified or authorized to practice Law, who has been appointed by a person or entity to represent them on the court or legal procedures. The qualification and requirement to practice law varies from State to State.

Attorney At Law
(Or Attorney-At-Law) (n) Attorney At Law is the person practicing law by virtue of his qualification or affiliation, at a particular place or jurisdiction, who has been appointed by a person or entity to represent them in the court or other legal procedures. They are generally called as Lawyers.

Attorney General
(n) Attorney General is the Law officer appointed by the Constitutional head of the country, to represent the country on legal issues where the government has an interest or on instances of federal prosecutions. They also advice Government on legal issues related to the constitution. In US, Attorney General oversees the Federal Bureau of Investigat...

Attorney Of Record
(n) Attorney Of Record is the person practicing law, who has been appointed by a person or entity to represent them on the court or legal procedures, appear in the court on behalf of the client, sign the documents as Attorney to the client etc and who has not been removed or otherwise discontinued at that time.

Attorney-Client Privilege
(n) Attorney-Client Privilege is the doctrine which prohibits use of the information communicated between the Attorney and Client during the legal preparation stage by making them public or using them against the interest of the client and in the legal issues. This privilege helps the client to pass on full and confidential information to his Attor...

(n) Attorney -In-Fact is the person, duly authorized by a documented power of Attorney, authorized to act on behalf of the person issuing such power of attorney on the matters stated in that document within the limits contained therein. A general power of attorney authorize a person to conduct all business as one's substitute.

Attorney's Advertising
(n) Attorney's Advertisement is the commercial advertisements made by Attorney's and legal houses advertising their services to solicit clients. Advertisement of Attorney's services has become legal in USA by the ruling of the supreme court in 1977

Attorney's Fee
(n) Attorney's Fee is the consideration agreed by the client, awarded by the court or applicable as per the existing provisions, payable to the Attorney for the legal representation or service rendered by them.

Attorney's Work Product
(n) Attorney's Work Products are the materials including the documents, notes, references, charts, riders, investigations and inferences prepared by the Attorney to support him while presenting the case or on legal representation

Attractive Nuisance Doctrine
(n) Doctrine of Attractive nuisance holds a person liable for the loss or suffering caused to a child, by making or causing to make a situation or event which may attract a child consequently leading to an accident, loss or damages. Eg. Leaving a pit uncovered or unfenced.2. Carelessly leaving a harmful object. Recent enactments limits its preview ...

(n) Audit is the examination of the records of a business entity, to form an opinion about the authenticity of such records, by verifying the correctness and reliability of the recorded transactions from the evidences available, opinion and inference reachable based on the circumstances and situation prevailing therein.

(n) Auditor is the person appointed to conduct an examination of the records, to form an opinion about the authenticity and correctness of such records, by verifying the correctness and reliability of the recorded transactions from the evidences available, opinion and inference reachable based on his expertise

(n) Authorities are the prevailing legal guidance, previous decisions or rulings of the court etc that are used as a stand or supporting instance on a situation, or position under consideration.

(n) Authority is the form of power bestowed on a person by virtue of his holding of certain position or social responsibility to fulfill the duties entrusted on them. Authority is the tool used to demand diligence and obedience of the persons under their command to achieve the objectives of the group or association.

(v) Authorize is the process by which a person has given legal powers to do certain acts, take necessary decisions or actions in attainment of the objectives required from such person.