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Free Legal
Dictionary
A
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A
fortioriMore
effective; with greater
reason
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A vinculo
matrimoniiLatin: of
marriage. The term is now used to refer to a
final and permanent dissolution of the marriage
by a decree of annulment on the ground that the
marriage was void ab initio, from the
beginning.
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Ab
initioLatin: from
the start.
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AbatementA
reduction in some amount that is owed, usually
granted by the person to whom the debt is owed.
For example, a landlord might grant an
abatement in rent. In estate law, the word may
refer more specifically to a situation where
property identified in a will cannot be given
to the beneficiary because it had to be sold to
pay off the deceased debts. Debts are paid
before gifts made in wills are distributed and
where a specific gift has to be sold to pay off
a debt, it is said to "abate" (compare with
"ademption").
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AbbacinareA
barbaric form of corporal punishment meted out
in the middle ages where persons would be
permanently blinded by the pressing of hot
irons to the open eyes.
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AbductionTo take
someone away from a place without that person's
consent or by fraud.
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AbetThe act
of encouraging or inciting another to do a
certain thing, such as a crime. For
example, many countries will equally punish
a person who aids or abets another to
commit a crime.
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Acceleration
clauseA clause in a
contract that states that if a payment is
missed, or some other default occurs (such as
the debtor becoming insolvent), then the
contract is fully due immediately. This is a
typical clause in a loan contract; miss one
payment and the agreement to pay at regular
intervals is voided and the entire amount
becomes due and payable
immediately.
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AcceptanceOne of
three requisites to a valid contract under
common law (the other two being an offer and
consideration). A contract is a legally binding
agreement between two or more parties which
starts with an offer from one person but which
does not become a contract until the other
party signifies an unequivocal willingness to
accept the terms of that offer. The moment of
acceptance is the moment from which a contract
is said to exist, and not before. Acceptance
need not always be direct and can, in certain
circumstances, be implied by conduct (see
acquiescence below).
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Accord and
SatisfactionA term
of contract law by which one party, having
complied with its obligation under a contract,
accepts some type of compensation from the
other party (usually money and of a lesser
value) in lieu of enforcing the contract and
holding the other party to their obligation.
This discharges the contract. The definition
cited by lawyers is usually that found in
British Russian Gazette & Trade Outlook
Ltd. v. Associated Newspapers Ltd. (1933) 2
K.B. 616: "Accord and satisfaction is the
purchase of a release from an obligation
arising under contract or tort by means of any
valuable consideration, not being the actual
performance of the obligation itself. The
accord is the agreement by which the obligation
is discharged. The satisfaction is the
consideration which makes the agreement
operative."
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AccretionThe
imperceptible and gradual addition to land by
the slow action of water. Heavy rain, river or
ocean action would have this effect by either
washing up sand or soil or by a permanent
retreat of the high water mark. The washing up
of soil is often called avulsion although the
latter term is but a variety of
accretion.
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ACFAdministration
for Children and
Families
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AcquiescenceAction or inaction which binds a person
legally even though it was not intended as
such. For example, action which is not intended
as a direct acceptance of a contract will
nevertheless stand as such as it implies
recognition of the terms of the contract. For
example, if I display a basket of fruit in a
marketplace and you come by, inspect an apple
and then bite into it, you have acquiesced to
the contract of sale of that apple.
Acquiescence also refers to allowing too much
time to pass since you had knowledge of an
event which may have allowed you to have legal
recourse against another, implying that you
waive your rights to that legal
recourse.
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ActA bill
which has passed through the various
legislative steps required for it and which
has become law, as in "an Act of the
Commonwealth of Australia." Synonymous to
statute, legislation or
law.
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Act of
GodAn event which is
caused solely by the effect of nature or
natural causes and without any interference by
humans whatsoever. Insurance contracts often
exclude "acts of God" from the list of
insurable occurrences as a means to waive their
obligations for damage caused by hurricanes,
floods or earthquakes, all examples of "acts of
God".
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Ad
damnumLatin: refers
to the parts or sections of a petition that
speaks to the damages that were suffered and
claimed by the plaintiff. The ad damnum part of
a petition will usually suggest an amount in
dollars that the plaintiff asks the court to
award.
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Ad
hocLatin: for
this purpose; for a specific purpose. An ad
hoc committee, for example, is created with
a unique and specific purpose or task and
once it has studied and reports on the
matter, it stands disbanded (compare with
standing committee).
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Ad
infinitumLatin:
forever; without limit;
indefinitely.
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Ad
litemLatin: for the
suit. A person appointed only for the purposes
of prosecuting or defending an action on behalf
of another such as a child or
mentally-challenged person. Also called a
guardian ad litem.
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AddendumAn
attachment to a written document. For example,
affidavits may be addendums to a petition as a
petition may be an addendum to a
writ.
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AdemptionWhen
property identified in a will cannot be given
to the beneficiary because it no longer
belonged to the deceased at the time of death.
For example, the particular gift may have been
destroyed, sold or given away between the time
of the will and the time of death. Compare this
with "abatement".
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Adhesion
contractA fine-print
consumer form contract which is generally given
to consumers at point-of-sale, with no
opportunity for negotiation as to it's terms,
and which, typically, sets out the terms and
conditions of the sale, usually to the
advantage of the
seller.
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Administrative
Lawthe area of law
dealing with governmental
agencies.
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Administrative
Proceduremethod by
which support orders are made and enforced by
an executive agency rather than by courts and
judges
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Administrative
tribunalHybrid
adjudicating authorities which straddle the
line between government and the courts. Between
routine government policy decision-making
bodies and the traditional court forums lies a
hybrid, sometimes called a "tribunal" or
"administrative tribunal" and not necessarily
presided by judges. These operate as a
government policy-making body at times but also
exercise a licensing, certifying, approval or
other adjudication authority which is
"quasi-judicial" because it directly affects
the legal rights of a person. Administrative
tribunals are often referred to as
"Commission", "Authority" or
"Board."
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AdministratorA
person who administers the estate of a person
deceased. The administrator is appointed by a
court and is the person who would then have
power to deal with the debts and assets of a
person who died intestate. Female
administrators are called "administratrix." An
administrator is a personal
representative.
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Admiralty
Law/Maritimethe area
of law that relates to the high seas and other
navigable waters, which is administered by the
admiralty courts.
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Adoption
Lawthe area of law
that deals with the relationship of parent to
child of another person, usually a minor, by
official legal action.
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ADRAbbreviation
for alternative dispute
resolution.
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AdulteryVoluntary sexual intercourse between a
married person and another person who is not
their married spouse. In most countries, this
is a legal ground for divorce. The person who
seduces another's spouse is known as the
"adulterer." In old English law, this was also
known as criminal
conversation.
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Adverse
possessionThe
possession of land, without legal title, for a
period of time sufficient to become recognized
as legal owner. The more common word for this
is "squatters." Each state has its own period
of time after which a squatter can acquire
legal title. Some states prohibit title by mere
prescription or
possession.
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AEIAutomated
Administrative Enforcement of Interstate
Cases
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AFDCAid to
Families with Dependent
Children
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AffidavitA
statement which before being signed, the person
signing takes an oath that the contents are, to
the best of their knowledge, true. It is also
signed by a notary or some other judicial
officer that can administer oaths, to the
effect that the person signing the affidavit
was under oath when doing so. These documents
carry great weight in Courts to the extent that
judges frequently accept an affidavit instead
of the testimony of the
witness
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AgentA
person who has received the power to act on
behalf of another, binding that other
person as if he or she were themselves
making the decisions. The person who is
being represented by the agent is referred
to as the "principal."
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Aggravated
damagesSpecial and
highly exceptional damages awarded by a court
where the circumstances of the tortious conduct
have been particularly humiliating or malicious
towards the
plaintiff/victim.
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Agriculture
Lawthe area of law
focusing on issues relating to the practice of
cultivating the soil, producing crops, and
raising livestock and/or the preparation and
marketing of the resulting
products.
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Aid To Families With
Dependent Childrenassistance payments made on behalf of
children who don`t have the financial support
of one of their parents by reason of death,
disability, or continued absence from the home;
known in many States as ADC (Aid to Dependent
Children)
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AlienateTo sell
or give completely and without reserve; to
transfer title to somebody else. A voluntary
conveyance of property, especially real
property.
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AlimonyAn amount
given to one spouse to another while they are
separated. Historically, the word "alimony"
referred to monies paid while spouses were
legally separated but stilled wedlocked. Where
they were divorced, the monies payable were
then referred to as "maintenance" but this
distinction is now in
disuse.
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AllianceA
military treaty between two or more states,
providing for a mutually-planned offensive, or
for assistance in the case of attack on any
member.
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AllodialA kind
of land ownership that is unfetterred, outright
and absolute. It is the opposite of the feudal
system and supposes no obligation to another
(ie. a lord).
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AllongeA piece
of paper which has been attached to a contract,
a check or any promissory note, on which to add
signatures because there is not enough room on
the main document.
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Alternative dispute
resolutionAlso known
as "ADR"; methods by which legal conflicts and
disputes are resolved privately and other than
through litigation in the public courts,
usually through one of two forms: mediation or
arbitration. It typically involves a process
much less formal than the traditional court
process and includes the appointment of a
third-party to preside over a hearing between
the parties. The advantages of ADR are speed
and money: it costs less and is quicker than
court litigation. ADR forums are also private.
The disadvantage is that it often involves
compromise.
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Alternatives to
Bankruptcythe area
of law that focuses on debtor assistance other
than Bankruptcy (see
bankruptcy).
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AmalgamationThe
merging of two things together to form one such
as the amalgamation of different companies to
form a single company.
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AmbassadorA
citizen that has been officially asked by their
country to live in another country in order to
legally represent it. For example, the USA has
sent ambassadors to live, and represent the
USA, in almost all other
countries.
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AmbulatorySomething which is not cast in stone; which
can be changed or revoked, such as a
will.
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AmendTo
change, to revise, usually to the wording
of a written document such as
legislation.
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Amicus
curiaeLatin: friend
of the court. Refers more specifically to
persons asking for permission to intervene in a
case in which they are neither plaintiff or
defendant, usually to present their point of
view (or that of their organization) in a case
which has the potential of setting a legal
precedent in their area of activity. This is
common, for example, in civil rights cases and,
in some instances, can only be done with the
permission of the parties or the
court.
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Animus
contrahendiLatin: an
intention to contract.
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AnnulmentTo make
void; to cancel an event or judicial proceeding
both retroactively and for the future. Where,
for example, a marriage is annulled, it is
struck from all records and stands as having
never transpired in law. This differs from a
divorce which merely cancels a valid marriage
only from the date of the divorce. A marriage
annulled stands, in law, as if never
performed.
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AntedateTo date
back; retroactively. To date a document to a
time before it was
written.
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AntenuptialAn
event or document which pre-dates a marriage.
For example, an "antenuptial agreement" is one
which is signed before marriage. A antenuptial
gift is a gift given by one spouse to the other
before marriage.
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Anti-trust(USA)"Anti-trust" legislation is designed
to prevent businesses from price-setting or
other secret collaboration which circumvents
the natural forces of a free market economy and
gives those engaging in the anti-trust conduct,
a covert competitive edge. Also known as
"anti-combines" or "competition"
legislation.
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Antitrust & Trade
Regulationthe area
of law that protects trade and commerce from
unlawful restraints and monopolies or unfair
business practices.
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AppealTo ask
a more senior court or person to review a
decision of a subordinate court or person.
In some countries such as Canada, the USA
and Australia, appeals can continue all the
way up to the Supreme Court, where the
decision is final in that it can no longer
be appealed. That is why it is called
"supreme" (although, in Australia the
supreme court is called the High
Court).
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Appellate
Lawthe area of law
relating to appeals to higher courts of
law.
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ApportionmentThe
division and distribution of something into
proportionate parts; to each according to their
share. For example, if a court ordered
apportionment of a contract, the party would be
required to perform only to a extent equal to
the performance of the other
side.
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AppurtenanceSomething that, although detached, stands
as part of another thing. An attachment or
appendage to something else. Used often in a
real estate context where an "appurtenance" may
be, for example, a right-of-way over water,
which, although physically detached, is part of
the legal rights of the owner of another
property.
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Arbitrationthe
process of resolving a dispute or a grievance
outside of the court system by presenting it to
an impartial third party or panel for a
decision that may or may not be binding (see
also mediation and alternative dispute
resolution).
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ArraignmentIn
USA criminal law, the formal appearance of an
accused person to hear, and to receive a copy
of, the charge against him or her, in the
presence of a judge, and to then enter a plea
of guilty or not guilty. The arraignment is the
final preparatory step before the criminal
trial.
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Arrearagesunpaid
child support for past periods owed by a parent
who is obligated to pay
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ArrearsA debt
that is not paid on the due date adds up and
accumulates as "arrears". For example, if you
do not pay your rent, the debt still exists and
is referred to as "arrears". The same word is
used to describe child or spousal maintenance
or support which is not paid by the due
date.
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ArsonSome
countries define "arson" as the intentional
setting of a fire to a building in which
people live; others include as "arson" the
intentionally setting of a fire to any
building. In either case, this is a very
serious crime and is punishable by a long
jail sentence.
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AssaultThe
touching of another person with an intent to
harm, without that person's
consent.
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AssignTo
give, to transfer responsibility, to
another. The assignee (sometimes also
called "assigns") is the person who
receives the right or property being given
and the assignor is the person
giving.
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Assignment Of Support
Rightsa person
receiving public assistance agrees to turn over
to the State any right to child support,
including arrearages, paid by the obligated
parent in exchange for receipt of a cash
assistance grant and other
benefits
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ATAction
Transmittal
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Attorn or
AttornmentTo
consent, implicitly or explicitly, to a
transfer of a right. Often used to describe a
situation where a tenant, by staying on
location after the sale of the leased property,
accepts to be a tenant of the new landlord; or
where a person consents to ("attorns to") the
jurisdiction of a court which would not have
otherwise had any authority over that
person.
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AttorneyAn
alternate word for lawyers or "barrister &
solicitor", used mostly in the USA. A person
that has been trained in the law and that has
been certified to give legal advice or to
represent others in
litigation
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Attractive Nuisance
DoctrineA legal
doctrine which makes a person negligent for
leaving a piece of equipment or other condition
on property which would be both attractive and
dangerous to curious children. These have
included tractors, unguarded swimming pools,
open pits, and abandoned refrigerators.
Liability could be placed on the people owning
or controlling the premises even when the child
was a trespasser who sneaked on the property.
Basically the doctrine was intended to make
people careful about what dangerous conditions
they left untended. Some jurisdictions
(including California) have abolished the
attractive nuisance doctrine and replaced it
with specific conditions (e.g. open pit and
refrigerators) and would make property owners
liable only by applying rules of foreseeable
danger which make negligence harder to
prove.
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Audi alteram
partemLatin: a
principle of natural justice which prohibits a
judicial decision which impacts upon individual
rights without giving all parties in the
dispute a right to be heard. Habeas corpus was
an early expression of the audi alteram partem
principle. In more recent years, it has been
extended to include the right to receive notice
of a hearing and to be given an opportunity to
be represented or
heard.
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Auto Lemon
Lawthe area of law
governed by statute that allows the purchaser
of a car specific remedies if the car has a
defect that impairs or significantly affects
its use, value, or safety and that cannot be
repaired within a specified
period.
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Autrefois
acquitFrench word
now part of English criminal law terminology.
Refers to an accused who cannot be tried for a
crime because the record shows he has already
been subjected to trial for the same conduct
and was acquitted. If the accused maintains
that the previous trial resulted in conviction,
he or she pleads "autrefois convict."
"Autrefois attaint" is another similar term;
"attainted" for a felony, a person cannot be
tried again for the same
offence
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Aviation
Lawthe area of law
dealing with the operation of civilian aircraft
often under the control of a common carrier.
This legal arena usually focuses on airline
disasters and wrongful
death
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AVRAutomated
Voice Response System
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AvulsionLand
accretion that occurs by the erosion or
addition of one's land by the sudden and
unexpected change in a river stream such as a
flash flood.
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AvunculusLatin:
a mother's brother. "Avuncular" refers to an
uncle.
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