Legal Terminology

Question 1

adhesion contract

Answer 1

a fine-print consumer form which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to its terms, and which, typically, sets out the terms & conditions of the sale, usually to the advantage of the seller

Question 2

administrative tribunal

Answer 2

Hybrid adjudicating authorities which straddle the line b/t gov’t & the courts. B/t routine gov’t policy decision-making bodies & the trad’l court forums lies a hybrid, sometimes called a “tribunal” or “administrative tribunal” & not necessarily presided by judges. These operate as a gov’t policy-making body at times, but also exercise a licensing, certifying, approval, or other adjudication authority which is “quasi-judicial” b/c it directly affects the legal rights of a person. Admin. tribunals are often referred to as “Commission”, “Authority”, or “Board.”

Question 3

administrator

Answer 3

A person who administers the estate of a person deceased. The administrator is appointed by a court & is the person who wld then have power to deal w/ the debts & assets of a person who died intestate. Female administrators are called “administratix.” An administrator is a personal representative.

Question 4

admissible

Answer 4

pertinent & proper, to be considered in reaching a decision

Question 5

admonition

Answer 5

Any authoritative oral communication or statement by way of advice or caution

Question 6

adoptee

Answer 6

one who is adopted

Question 7

ADR

Answer 7

abbreviation for alternative dispute resolution

Question 8

adultery

Answer 8

Voluntary sexual intercourse b/t a married person & 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.”

Question 9

adverse

Answer 9

Opposed; contrary; in resistance or opposition to a claim

Question 10

adverse party

Answer 10

a party to an action whose interests are opposed to or opposite of the interests of another party to the action

Question 11

adverse possession

Answer 11

the possession of land, w/o 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.

Question 12

affiant

Answer 12

The person who signs an affidavit

Question 13

affidavit

Answer 13

A 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.

Question 14

affidavit of consent

Answer 14

A sworn document by a natural parent giving consent to adoption.

Question 15

affidavit of value

Answer 15

An affidavit stating the value of the property or amount paid, whichever is greater.

Question 16

affirmation

Answer 16

A solemn & formal declaration or statement of facts made voluntarily & confirmed by the oath or affirmation of the party making it.

Question 17

affirmative defense

Answer 17

A legal defense when the defendant has allegations that are made against the plaintiff.

Question 18

agent

Answer 18

A 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.”

Question 19

Age of majority

Answer 19

When a minor reaches the legal age of an adult, usually 18 years of age.

Question 20

Aggravated damages

Answer 20

Special & highly exceptional damages awarded by a court where the circumstances of the tortious conduct have been particularly humiliating or malicious towards the plaintiff/victim.

Question 21

Alias summons

Answer 21

The second summons delivered to a defendant.

Question 22

Alien corporation

Answer 22

A corporation organized out of the country & doing business w/in the United States.

Question 23

Alimony

Answer 23

An amount given by one spouse to another while they are separated. Historically, the word “alimony” referred to monies paid while spouses were legally separated but still wedlocked. Where they were divorced, the monies paytable were then referred to as “maintenance,” but this distinction is now in disuse.

Question 24

Allegations

Answer 24

Statements the accusing party expects to prove.

Question 25

Allege

Answer 25

To state, recite, assert, or charge; to make an allegation.

Question 26

Alleged father

Answer 26

One who is charged w/ being the biological father of a child.

Question 27

Alliance

Answer 27

A military treaty b/t two or more states, providing for a mutually planned offensive, or for assistance in the case of attack on any member.

Question 28

Alienate

Answer 28

To sell or give completely & w/o reserve; to transfer title to somebody else. A voluntary conveyance of property, esp.ly real property.

Question 29

Allodial

Answer 29

A kind of land ownership that is unfettered, outright, & absolute. It is the opposite of the feudal system & supposes no obligation to another (i.e. a lord).

Question 30

Allonge

Answer 30

A piece of paper which has been attached to a contract,. a check, or any promissory note, on which to add signatures b/c there is not enuf room on the main document.

Question 31

Alternative dispute resolution

Answer 31

Also known as ADR, methods by which legal conflicts & disputes are resolved privately & other than thru ligitation in the public courts, usually thru one of two forms: mediation or arbitration. It typically involves a process much less formal than the trad'l court process & includes apptmt of a third party to preside over a hearing b/t the parties. The advantages of ADR are speed & money; it costs less & is quicker than court resolution. ADR forums are also private. The disadvantage is that it often involves compromise.

Question 32

Amalgamation

Answer 32

The merging of two things together to form one such as the amalgamation of diff.t companies to form a single company.

Question 33

Ambassador

Answer 33

A citizen that has been officially asked by their country to live in another country in order to legally represent it. E.g., the USA has sent ambassadors to live & represent the USA in almost all other countries.

Question 34

Ambulatory

Answer 34

Something which is not cast in stone, which can be changed or revoked, such as a will.

Question 35

Amend

Answer 35

To change, revise, usually to the wording of a written document such as legislation.

Question 36

Annulment

Answer 36

To make void; to cancel an event or judicial proceeding both retroactively & for the future. Where, e.g., a marriage is annulled, it is struck from all records & 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.

Question 37

Answer

Answer 37

A document in which the defendant responds to allegations in the complaint & defends against these charges.

Question 38

Answer & consent

Answer 38

A verified document answering a petition & consenting to the adoption of one's birth child, thus giving up parental rights.

Question 39

Antedate

Answer 39

To date back; retroactively. To date a document to a time before it was written.

Question 40

Antenuptial

Answer 40

An event or document which predates a marriage. E.g., an "antenuptial agreement" is one which is signed before marriage. An antenuptial gift is a gift given by one spouse to the other before marriage.

Question 41

Anti-trust

Answer 41

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 & gives those engaging in the anti-trust conduct a covert competitive edge. Also known as "anti-combines" or "competition" legislation.

Question 42

Appeal

Answer 42

To 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, & 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.