Glossary of Personal Injury Law Terms
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Abstract of Title: A chronological summary of all
official records and recorded documents affecting the title
to a parcel of real property.
Accomplice: 1. A partner in a crime. 2. A person who
knowingly and voluntarily participates with another in a
criminal activity.
Acknowledgment: 1. A statement of acceptance of
responsibility. 2. The short declaration at the end of a
legal paper showing that the paper was duly executed and
acknowledged.
Acquit: To find a defendant not guilty in a criminal
trial.
Action. In the legal sense, a formal complaint or a suit
brought in court.
Additur: An increase by a judge in the amount of
damages awarded by a jury.
Adjudication: Giving or pronouncing a judgment or
decree. Also the judgment given.
Ad Litem: A Latin term meaning for the purposes of
the lawsuit. For example, a guardian "ad litem" is a person
appointed by the court to protect the interests of a minor
or legally incompetent person in a lawsuit.
Administrative Agency. Governmental body responsible
for administering and implementing a particular legislation,
such as laws governing traffic safety or workers'
compensation. These agencies may have rulemaking power and
judge-like authority to decide disputes.
Administrative Hearing. Proceeding before an
administrative agency which consists of an argument, a
trial, or both. Rules governing the proceeding, including
rules of evidence, are generally less strict than in civil
or criminal trials.
Administrator: Person appointed by a court to
administer a deceased person's estate. The person may be
male (in which case, he would be referred to as the
"administrator") or female (in which case, she would be
referred to as the "administratrix").
Admissible evidence: Evidence that can be legally and
properly introduced in a civil or criminal trial.
Adversary Proceeding. Legal proceeding involving
parties with opposing interests, with one party seeking
legal relief and the other opposing it.
Affiant: A person who makes and signs an affidavit.
Affidavit: A written statement of facts confirmed by
the oath of the party making it, before a notary or officer
having authority to administer oaths. For example, in
criminal cases, affidavits are often used by police officers
seeking to convince courts to grant a warrant to make an
arrest or a search. In civil cases, affidavits of witnesses
are often used to support motions for summary judgment.
Agreement: Mutual assent between two or more parties;
normally leads to a contract; may be verbal or written.
Aid and Abet: To actively, knowingly or intentionally
assist another person in the commission or attempted
commission of a crime.
Allegation. The claim made in a pleading by a party
to an action setting out what he or she expects to prove.
Alternative Dispute Resolution: Settling a dispute
without a full, formal trial. Methods include mediation,
conciliation, arbitration, and settlement, among others.
Amicus Curiae. (Latin: "friend of the court.") Person
or organization that files a legal brief with the court
expressing its views on a case involving other parties
because it has a strong interest in the subject matter of
the action.
Appeal. Request to a superior or higher court to
review and change the result in a case decided by an
inferior or lower court or administrative agency.
Appearance: 1. The formal proceeding by which a
defendant submits to the jurisdiction of the court. 2. A
written notification to the plaintiff by an attorney stating
that he or she is representing the defendant.
Appellate Court. A court having jurisdiction to hear
an appeal and review the decisions of a lower or inferior
court.
Arbitration: A form of alternative dispute resolution
in which the parties bring their dispute to a neutral third
party and agree to abide by his or her decision. In
arbitration there is a hearing at which both parties have an
opportunity to be heard.
Arbitrator: A person who conducts an arbitration.
Arraignment: A proceeding in which an individual who
is accused of committing a crime is brought into court, told
of the charges, and asked to plead guilty or not guilty.
Sometimes called a preliminary hearing or initial
appearance.
Arrest: To take into custody by legal authority.
Assault. A willful attempt or threat to harm another
person, coupled with the present ability to inflict injury
on that person, which causes apprehension in that person.
Although the term "assault" is frequently used to describe
the use of illegal force, the correct legal term for use of
illegal force is "battery ."
Assumption of the Risk. When a person voluntarily and
knowingly proceeds in the face of an obvious and known
danger, she assumes the risk. A person found to have assumed
the risk cannot make out the duty element of a negligence
cause of action. The theory behind the rule is that a person
who chooses to take a risk cannot later complain that she
was injured by the risk that she chose to take. Therefore,
she will not be permitted to seek money damages from those
who might have otherwise been responsible.
Attorney-Client Privilege. Client's privilege to
refuse to disclose and to prevent any other person from
disclosing confidential communications between the client
and his or her attorney.
Attorney-in-Fact: A private person (who is not
necessarily a lawyer) authorized by another to act in his or
her place, either for some particular purpose, as to do a
specific act, or for the transaction of business in general,
not of legal character. This authority is conferred by an
instrument in writing, called a letter of attorney, or more
commonly a power of attorney.
Attorney of Record: The principal attorney in a
lawsuit, who signs all formal documents relating to the
suit.
