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Glossary of Tort Law
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Legal
Glossaries Index
Actual Malice: To win a defamation suit,
public officials or prominent people, such as political candidates or movie
stars, must prove that the offender made a false statement with actual malice.
This means the statement was made with knowledge that it was false or with
serious doubts about whether it was true.
Affidavit: A written statement made
under oath.
Affirmed: In the practice of the
appellate courts, the decree or order is declared valid and will stand as
rendered in the lower court.
Age of Majority: The age when a person
acquires all the rights and responsibilities of being an adult. In most states,
the age is 18.
Allegation: Something that someone says
happened.
Alternative Dispute Resolution: Methods
for resolving problems without going to court.
Amicus Curiae: Latin for "friend of
the court." Refers to a party that is allowed to provide information
(usually in the form of a legal brief) to a court even though the party is not
directly involved in the current case.
Answer: In a civil case, the defendant's
written response to the plaintiff's complaint. It must be filed within a
specified period of time, and it either admits to or denies the factual basis
for liability.
Appeal: A request to a supervisory court
usually composed of a panel of judges, to overturn the legal ruling of a lower
court.
Appellate: About appeals; an appellate
court has the power to review the judgment of another lower court or tribunal.
Arbitration: A method of alternative
dispute resolution in which the disputing parties agree to abide by the decision
of an arbitrator.
Arrangement: 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.
Assignment: The transfer of legal
rights, such as the time left on a lease, from one person to another.
Assumption of Risk: A defense raised in
personal injury lawsuits. Asserts that the plaintiff knew that a particular
activity was dangerous and thus bears all responsibility for any injury that
resulted.
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