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A
action. In the legal sense, a formal complaint or
a suit brought in court.
adjudicate, adjudication. The
process of being decided by a judge.
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 or administratrix. 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").
adversary proceeding.
Legal proceeding involving parties with opposing interests, with one
party seeking legal relief and the other opposing it.
allegation. The claim made in a pleading by a party to an action
setting out what he or she expects to prove.
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.
appellate
court. A court having jurisdiction to hear an appeal and review the
decisions of a lower or inferior court.
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.
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