Personal Injury Legal Glossary
Glossary of Personal Injury 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. |
