feree agrees to be bound by the terms of the offeror's offer or proposal for a contract
Acquittal - ANSWER a certification of declaration following a trial that the individual ac-
cused of a crime is innocent, or free from guilt, in the eyes of the law and is thus absolved of
the charges.
Actionable - ANSWER capable of serving as the basis of a lawsuit. An actionable claim can
be pursued in a lawsuit or other court action
Active listening - ANSWER The act of listening attentively to the speaker's message and
responding by giving appropriate feedback to show that you understand what the speaker is
saying, restating the speaker's message in your own words to confirm that you accurately in-
terpreted what was said.
Actual malice - ANSWER Real and demonstrable evil intent. In a defamation suit, a state-
ment made about a public figure normally must be made with actual malice (with either
knowledge of falsity or a reckless disregard for the truth) for liability to be incurred.
Actus reus - ANSWER A guilty (prohibited) act. The commission of a prohibited act is one
of the two essential elements required for criminal liability. The other element is the intent
to commit a crime.
Ad valorem - ANSWER Derived from the Latin ad valentiam, meaning "to the value", It is
commonly applied to a tax imposed on the value of property.
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,Address block - ANSWER That part of a letter that indicates to whom the letter is ad-
dressed. The address block is placed in the upper left-hand portion of the letter, above the
salutation (or reference line, if one is included).
Ademption clause - ANSWER The revocation, recalling, or cancellation of a legacy, accord-
ing to the apparent intention of the testator, implied by the law from acts done by the testa-
tor during the testator's life.
Adjudication - ANSWER The act of resolving a controversy and rendering an order or deci-
sion based on review of the evidence presented.
Administrative agency - ANSWER A federal or state government agency established to
perform a specific function. Administrative agencies are authorized by legislative acts to
make and enforce rules relating to the purpose for which they were established.
Administrative process - ANSWER The procedure used by administrative agencies in the
administration of law.
Administrative law - ANSWER A body of law created by administrative agencies in the
form of rules, regulations, orders, and decisions in order to carry out their duties and re-
sponsibilities.
Administrative law judge (ALJ) - ANSWER One who presides over an administrative
agency hearing and who has the power to administer oaths, take testimony, rule on ques-
tions of evidence, and make determinations otherwise authorized by law.
Administrator - ANSWER A person appointed by a court to serve as a personal repre-
sentative for a person who died intestate (without a valid will) or if the executor named in
the will cannot serve.
Adoption - ANSWER A procedure in which persons become the legal parents of a child
who is not their biological child.
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,Adversarial system of justice - ANSWER A legal system in which the parties in a lawsuit
are opponents, or adversaries, and present their cases in the light most favorable to them-
selves. The impartial decision maker (the judge or jury) determines who wins and who loses
based on the evidence presented.
Adverse possession - ANSWER A process by which premises can change ownership. It is a
common law concept concerning the title to real property.
Affidavit - ANSWER A written statement of facts confirmed by the oath or affirmation of
the party making it and made before a person having the authority to administer the oath or
affirmation.
Affirm - ANSWER To uphold the judgment of a lower court.
Affirmative defense - ANSWER A response to the plaintiff's claim that does not deny the
plaintiff's facts but attacks the plaintiff's legal right to bring an action.
Agency - ANSWER A relationship between two persons in which one person (the agent)
represents or acts in the place of another (the principal).
Agreement - ANSWER A meeting of the minds and a requirement for a valid contract.
Agreement involves two distinct events: an offer to form a contract and the acceptance of
that offer by the offeree.
Alimony - ANSWER Money paid to support a former spouse after a marriage has been
terminated. The alimony may be permanent or temporary (rehabilitative).
Allegation - ANSWER A party's statement, claim, or assertion made in a pleading to the
court. The allegation sets forth the issue that the party expects to prove.
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, ALTA (American Land Title Association) - ANSWER A national trade association represent-
ing the interests of the abstract of title and title insurance industries.
Alternative dispute resolution (ADR) - ANSWER The resolution of disputes in ways other
than those involved in the traditional judicial process. Negotiation, mediation, and arbitra-
tion are forms of ADR. Some courts require them before a case can go to trial.
American Bar Association (ABA) - ANSWER A voluntary national association of attorneys,
the ABA plays an active role in developing educational and ethical standards for attorneys
and in pursuing improvements in the administration of justice.
American Digest System - ANSWER A system of identifying points of law from reported
cases and organizing them by topic and key number. The system was developed by West
Publishing Company to organize the entire body of American Law.
American Jurisprudence - ANSWER An encyclopedia of United States law published by
West.
American Law Reports - ANSWER A resource used by American lawyers to find a variety
of sources relating to specific legal rules, doctrines, or principles.
Amicus curiae brief - ANSWER A brief filed with the court by a third party (i.e. One not
directly involved in the lawsuit) who is concerned about the outcome of the litigation. The
purpose of the brief is to convince the court to rule in favor of one of the parties because
not to do so would affect a broad interest of society. (Friend of the court)
Annotation - ANSWER A brief comment, an explanation of legal point, or a case summary
found in a case digest or other legal source.
Annulment - ANSWER A court decree that invalidates (nullifies) a marriage. Although the
marriage itself is deemed nonexistent, children of a marriage that is annulled are legitimate.
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