affirmative action taking tangible action to eliminate the abuses of past discrimination, as through racial quotas in schools and the workplace.
against the weight of the evidence a situation through which a new trial may be ordered because a jury has, in the judge's opinion, given a verdict that is unsupported by the evidence.
age of consent age at which one may marry without parental consent. Also, the age at which a person may consent to sexual intercourse without the risk of statutory rape or sexual assault being charged to the other party.
aggrieved party the person who has been hurt or damaged in a lawsuit.
aid and abet to facilitate or assist knowingly another person in the commission of a crime.
alias otherwise or also known as.
alibi a provable accounting of a person's whereabouts at the time a crime was committed.
alienation of affections malicious acts or behavior by a third party—such as a mother, father-in-law, or outside lover—that interferes with a marriage and alienates one spouse from another.
amnesty a pardon excusing a person of a crime, such as draft evasion.
antitrust laws statutes that help to maintain free competition in the marketplace and that punish any acts by a person or corporation that unfairly restrain a competitor.
appeal to take a case to a higher court in the hope that it will deem the lower court's judgment incorrect and either reverse the judgment or order a new trial.
appellant the party who appeals a decision.
appellate court a court that reviews the rulings and judgments of a lower court.
a priori from cause to effect.
arbitration the settling of disagreements between two parties by an agreed-upon third party, most used in disputes involving labor contracts.
arbitrator the impartial, chosen person who arbitrates a dispute.
arraign to accuse of a wrongdoing or to call a person to answer a charge.
arraignment the formal charging of the defendant with an offense.
artifice a fraudulent device used to commit a crime.
assault, aggravated an assault resulting in serious bodily injury to the assaulted, or any assault judged to be particularly atrocious or depraved.
attachment the seizing of a defendant's property for the payment of a plaintiff's judgment award.
attorney-client privilege the privilege of confidential communication between client and attorney, in which information cannot be shared with any other party without consent from the client.
attorney general the chief attorney of the federal government or of each state government.
attractive nuisance the tort doctrine that requires a person who keeps any dangerous object or thing on his or her property that might attract children to protect those children from possible injury, such as by removing the door of an abandoned refrigerator or by fencing a swimming pool.
bail a form of security paid to ensure that the defendant will show up for court proceedings.
bail bond the document used in the release of a person in custody.
bailiff a court officer in charge of keeping order and guarding jurors.
bailment the process of providing bail for a defendant. Also, the delivering of goods or personal property to one in trust.
bailsman one who gives bail for another.
bait and switch an unethical practice wherein a retailer advertises a particularly good buy to attract customers and then coerces or persuades the customers into buying a much more expensive model than the one advertised.
barrister the English equivalent of a trial lawyer.
bench the court. The bench where the judge sits.
bench warrant a court order issued to have a person seized and brought into court to take part in proceedings.
Bill of Rights the first 10 amendments to the U.S. Constitution.
blue law state or local Sunday closing law.
bond a written instrument that guarantees performance of obligations—such as the payment of fees—through sureties. Also, an amount paid as bail.
bondsman a person who provides a bond for another for a free.
burden of proof the burden of substantiating claims, accusations, or allegations, a responsibility falling on the plaintiff in a court action.
bylaws any in-house rules or laws of a corporation, organization, or association.
canon church law.
capital offense an offense punishable by death.
care in a negligence case, the amount of care a custodian must give to a thing in order to avoid a charge of negligence, which, depending on circumstances, may be great care, ordinary care, reasonable care, and slight care.
caveat let him beware. An urging of caution.
caveat emptor let the buyer beware.
chief justice in a court with more than one judge, the presiding judge.
circumstantial evidence indirect, secondary, or incidental evidence from which a judge or jury might make inferences.
civil action an action filed to protect a civil right.
civil penalties fines and money damages.
class action an action filed on behalf of a group.
clean hands the doctrine holding that claimants seeking justice must not themselves have taken part in an illegal or unethical act relating to the claim.
clear and convincing of a standard of proof, beyond a preponderance of the evidence but less than beyond a reasonable doubt; more than the degree of proof required in civil cases but below that required by criminal cases.
collusion a conspiracy to commit fraud or other illegal activity.
common law law based on court decisions, customs, and usages, as opposed to law based on codified written laws.
common-law marriage a marriage not based on any formal ceremony or legal filing but on personal agreement between the two parties to become husband and wide, followed by a substantial period of cohabitation.
compounding a felony refusal of a felony victim to prosecute the felon in exchange for a bribe.
conjecture inference from incomplete evidence.
conspiracy two or more people conspiring to commit a crime.
contempt of court an act that obstructs the administration of justice or that demonstrates disrespect for the court's authority.
contumacy defiance of the court's orders or authority.
corpus delecti the facts proving a crime.
crime of passion a nonpremeditated crime committed under the influence of heat of passion or extreme sudden rage.
cross-examination the questioning of a witness by the lawyer other than the one who called the witness, concerning information previously given in the initial examination.
D.A. district attorney.
damages monetary award given to the damaged party in a court action.
damages, double an award twice the normal or standard amount given to the injured party as a form of punishment to the wrongdoer.
damages, exemplary any compensation that exceeds actual damages, awarded to punish the wrongdoer.