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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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