Glossary of Legal Terms

abatement of action: A suit that has been quashed and ended.

abeyance: Incomplete or undetermined state of affairs.
abscond: To run away or hide from the jurisdiction of the court in order to avoid legal proceedings.
abstract of record: Abbreviated, but complete history of a case as found in the record.
abstract of title: Concise chronological history of all official records and recorded documents affecting title to a parcel of land.
Accelerated Rehabilitative Disposition (ARD): Voluntary program established by Pennsylvania's Supreme Court in 1972 for first-time, non-violent offenders whereby offenders undergo a probation supervision program for two years without conviction. If the program is successfully completed, charges against the offender are dismissed.
accessory: Person who aids or contributes in commission of a crime, usually by convincing someone to commit a crime or by helping the suspect escape or hide evidence. Usually not present during the crime. Compare accomplice.
accomplice: Person who knowingly and voluntarily participates with another in a criminal act through aiding, abetting, advising or encouraging offender. See aid and abet. Compare accessory.
accord and satisfaction: Method of discharging a claim whereby parties agree to give and accept something in settlement of claim. The new agreement is called the accord. The satisfaction is the action performed to settle the claim.
acknowledgment: Short declaration at end of a legal paper showing paper was duly executed and acknowledged.
acquittal: Verdict after a criminal trial that defendant is not guilty of charged crime. Compare guilty.
action: A judicial proceeding. An action in personam is against a person. An action in rem is against a thing, usually where property is involved.
actus reus (ACK tus REE us): Proof that a criminal act has occurred. See elements of a crime.
ad litem (add LYE dem): For the purposes of the lawsuit. E.g., a guardian ad litem is appointed to prosecute or defend a suit on behalf of an incapacitated person or a minor.
additur (ADD ih tur): Increase by judge in amount of damages awarded by jury.
adjudication: Pronouncing judgment or decree; the judgment given.
administrator: One who administers estate of person who dies without a will. See personal representative. Compare executor.
admissible evidence: Evidence which can be legally and properly introduced in a trial.
adversary proceeding: Proceeding having opposing parties; contested. Differs from ex parte proceeding.
adversary system: Trial method used in U.S. and some other countries, based on belief that truth can best be determined by giving opposing parties full opportunity to present and establish evidence and to test by cross-examination evidence presented by adversaries under established rules of procedure before an impartial judge and/or jury.
affiant: Person who makes and signs an affidavit.
affidavit: Voluntary written statement of facts given under oath. In criminal cases affidavits are often used by police officers seeking to obtain search or arrest warrants. In civil cases affidavits of witnesses are often used to support motions for summary judgment.
affirmative defense: Without denying the charge, defendant raises extenuating or mitigating circumstances such as insanity, self-defense or entrapment to avoid civil or criminal responsibility.
affirmed: Decree or order at issue is declared valid by appellate court and will stand as rendered in lower court.
aggravated assault: See assault.
aggravating circumstances: Circumstances occurring in commission of an offense which occur above and beyond the offense itself and which serve to increase offense's guilt or enormity or add to its consequences. May increase sentence of individual convicted of offense. Compare mitigating circumstances.
aid and abet: To actively, knowingly or intentionally assist another person in commission or attempted commission of a crime. See accomplice.
alibi: Proof offered by defendant that he/she was at some other place at time of crime and thus could not have committed crime charged.
allegation: Statement of issues in a pleading that a party expects to prove. E.g., an indictment contains allegations of a crime against a defendant.
allocatur (AL lo CAH tur): "It is allowed." Petition to appeal.
alternative dispute resolution (ADR): Settling a dispute without full, formal trial. Methods include mediation, conciliation, arbitration and settlement, among others.
amicus curiae (uh ME kus KYU ree EYE): Friend of the court. One not a party to a case who, having a strong interest in the outcome, offers information on a point of law or some other aspect of the case.
answer: Defendant's response to plaintiff's allegations as stated in a complaint. Item-by-item, paragraph-by-paragraph response to points made in complaint. Part of the pleadings.
appeal: Request to have a decision made by a lower court reviewed by a higher court.
appearance: Coming into court. Formal act by which a defendant submits to the jurisdiction of a court. Compare arraignment.
appellant: Party who initiates an appeal.
appellate court: Court having jurisdiction to review decisions of lower courts or administrative agencies.
appellee: Party against whom an appeal is taken. Sometimes called a respondent.
arbitration: Form of alternative dispute resolution in which parties bring dispute to a neutral third party and agree to abide by decision reached. Decisions usually cannot be appealed.
arraignment: Proceeding in which an accused person appears before a judge to hear the criminal charges filed against him/her and to enter a plea of guilty or not guilty. Compare preliminary hearing and initial appearance. See also appearance.
arrest: To take into custody by legal authority.
arrest of judgment: Act of delaying the effect of a judgment already entered.
assault: Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force which would give victim reason to fear or expect immediate bodily harm. Aggravated assault must include another act which is also criminal, e.g., an attempt to cause serious bodily injury or commit another crime or use of a deadly weapon. Compare battery.
at issue: Point in a lawsuit when complaining party has stated claim and other side has responded with a denial. Contested points are said to be "at issue."
attachment: Legal seizure and holding of person's property pending outcome of a lawsuit. Also, arrest of person guilty of contempt of court.
attempt: Effort to commit a crime, carried beyond preparation, but not executed.
attorney-at-law: Advocate, counsel or official agent employed in preparing, managing and trying cases in the courts.
attorney-in-fact: Private person, not necessarily an attorney, authorized by another to act in his place and stead, either for a particular purpose or for transaction of business in general that is not of legal character. Authority is conferred by an instrument in writing called a letter of attorney or, more commonly, power of attorney.
attorney of record: Principal attorney in a lawsuit who signs all formal documents relating to suit.

Last updated 8-11-00 1200 by gle