Accident Attorneys Glossary of Legal Terms

acknowledgment: the act of going before a qualified officer (e.g., Clerk) and declaring the validity of the document. The officer certifies same, whose certification is known as the acknowledgment

acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge

action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

actual place of business: Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business (sec. 308.6 CPLR).

ad damnum: clause of a pleading alleging amount of loss or injury

adjournment: a temporary postponement of the proceedings of a case until a specified future time

adjudicate: to hear or try and determine judicially

adversary: An opponent. The defendant is the plaintiff's adversary.

adversary system: the system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the court

affiant: one who swears to an affidavit; deponent

affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized

affinity: Related by marriage; family relation from one's spouse's family.

affidavit of service: an affidavit intended to certify the service of a writ, notice, or other document

affirm: an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons

affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

affirmed: Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City Court).

allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove

allege: To assert a fact in a pleading.

alternate juror: a juror selected as substitute in case another juror must leave the jury panel

amend: To change.

amicus curiae: A Friend of the Court. A non-party to a proceeding that the Court permits to present its views.

annul: to make void, as to dissolve the bonds of marriage

answer: a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the plaintiff

appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law

appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorney

appellant: the party who takes an appeal to a higher court

appellee: the party against whom an appeal is taken

arbitration: the submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of a court or its confirmation by the court as a judgment of the court

argument: a reason given in proof or rebuttal

at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue"

attachment: The taking of property into legal custody by an enforcement officer (see specialty section: Recovery of Chattel).

attestation: the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness

attorney of record: attorney whose name appears in the permanent records or files of a case

award: A decision of an Arbitrator.

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