AVM 410 Knowt Terms

Ab Initio

From the beginning.

Action

A legal demand of one's right from another party made in a court of justice.

Agency

A relationship in which one person acts for or represents another by authority.

Answer

The document served by a defendant in response to a summons and complaint.

Appeal

A proceeding asking a higher court to review a lower court's decision.

Arbitration

A dispute resolution process in which parties submit their controversy to designated decision makers.

Arraignment

The court proceeding where a criminal defendant is informed of the charges.

Arrest

The legal apprehension and restraint of a person charged with a crime.

Assault

A threat or attempt to do physical harm.

Assignment

The transfer of a right or interest in property from one person to another.

Assignment for the Benefit of Creditors

The transfer of an insolvent debtor's property to another to settle debts with creditors.

Assignment of Error

A statement identifying errors complained of in an appeal.

Attachment

A court proceeding restraining a person or property to secure payment of a judgment or appearance in court.

Attorney in Fact

A person appointed to transact business for another; not necessarily a lawyer.

Auction

A public sale of property to the highest bidder.

Award

A judicial determination granting money or relief to the prevailing party.

Bail

Security given to assure a person's appearance in court after release from custody.

Bail Bond

A promise to pay bail if the released person fails to appear.

Bailment

A relationship in which property is delivered to another for a specific purpose.

Bankruptcy

A federal legal proceeding dealing with the debts and property of an insolvent debtor.

Barratry

The act of encouraging lawsuits and stirring up litigation.

Battery

Actual physical beating or striking.

Bench Warrant

A court order directing the arrest of a person.

Bill of Attainder

A prohibited law that imposes punishment or forfeiture without trial.

Bill of Exchange (Draft)

A negotiable instrument directing payment of money to a payee.

Bench

The judges of a court collectively.

Bill of Lading

An agreement between a shipper and a carrier of freight.

Bill of Particulars

A document providing more detailed information about claims in a lawsuit.

Binder

A preliminary agreement often used in insurance or real estate.

Blank Endorsement

An endorsement consisting only of the endorser's signature.

Bona Fide Purchaser for Value

A person who acquires property in good faith and for valuable consideration.

Bond

An undertaking or obligation assumed by the signer.

Boundary

A line marking the limits of property or territory.

Breach of Contract

Failure without legal excuse to perform a contractual promise.

Breach of the Peace

An act disturbing public peace or tranquility.

Brief

A written memorandum of law submitted to a court.

Burden of Proof

The duty to present sufficient evidence to support a claim.

Burglary

Breaking and entering with intent to commit a crime.

Calendar

The court's schedule of cases.

Capital Crime

A crime punishable by death.

Cause of Action

The legal basis for a lawsuit.

Certificate of Incorporation

The document creating a corporation.

Certiorari

An appellate process for reviewing actions of a lower tribunal.

Chancery

A court of equity.

Charge

A criminal accusation or a judge's instructions to a jury.

Charter

Another term for a certificate of incorporation.

Check

A written order directing a bank to pay money.

Civil Law

The branch of law governing private rights and remedies.

Coinsurance

An insurance clause requiring property to be insured for a specified percentage of its value.

Collusion

A fraudulent agreement between parties to the detriment of another.

Comity Among Nations

Mutual recognition and respect of laws and institutions among nations.

Common Carrier

A business that transports persons or property for the public.

Common Law

Law derived from judicial decisions and custom.

Comparative Negligence

A doctrine comparing fault between parties in an accident.

Compensatory Damages

Money awarded to compensate for injury or loss.

Complainant

The person who brings facts of a crime to authorities.

Complaint

The document stating a plaintiff's claims in a lawsuit.

Composition of Creditors

An agreement allowing creditors to accept less than the full debt owed.

Comprehensive Aircraft Insurance Coverage

Insurance covering aircraft damage from specified risks.

Condemnation

The process by which government takes private property for public use.

Condition

A contract provision that must be fulfilled for effectiveness.

Conditional Sale

A sale in which ownership passes only after full payment.

Confession

An admission of debt or criminal guilt.

Confiscation

The taking of private property as a penalty.

Consent

A voluntary agreement between parties.

Consignment

The delivery of goods to another for sale.

Consolidation

The combination of corporations or lawsuits into one.

Conspiracy

An agreement between two or more people to commit an unlawful act.

Construction

The interpretation of a contract or will.

Contempt

Disobedience of a court's rules or orders.

Continuance

The postponement of a legal proceeding.

Contraband

Property that is illegal to import or export.

Contract

A legally enforceable agreement between parties.

Conveyance

A document transferring ownership of real estate.

Corporation

A business entity created by state authority.

Corpus Delicti

The evidence proving that a crime occurred.

Cost Insurance and Freight (C.I.F.)

A sales term requiring the seller to pay cost, insurance, and freight.

Counterclaim

A claim made by a defendant against a plaintiff.

Crime

An act or omission violating criminal law.

Criminal Law

The branch of law dealing with crimes and punishments.

Damages

Money awarded to compensate for loss or injury.

Decision

The court's determination of a case.

Decree

A formal written court determination.

Deed

A document transferring ownership of real property.

Defamation

A false statement harming a person's reputation.

Default

Failure to appear or defend in a lawsuit.

Defendant

The party against whom relief is sought in a lawsuit.

Defense

A justification or response intended to defeat a claim.

Deliberation

The jury's consideration of evidence before reaching a verdict.

Demurrer

A pleading asserting that the facts alleged do not create legal liability.

Deposition

A sworn statement made outside of court.

Disaffirm

To repudiate or refuse to carry out an agreement.

Dismiss

To terminate a case without further hearing.

Dissenting Opinion

A judge's written disagreement with the majority decision.

Double Jeopardy

The prohibition against being tried twice for the same offense.

Double Indemnity

Insurance paying double benefits for accidental death under certain conditions.

Draft

A written order directing payment of money.

Due Process

The constitutional guarantee of fair legal procedures.

Duress

Pressure or threats forcing a person to act against their will.

Easement

The right to use another person's land for a specific purpose.