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#Appendix: Glossary of legal terms

This is a glossary of legal terms. Terms that are in a foreign language are italicized in their title, and the italicized word or phrase is in Latin unless its definition indicates the italicized term is from some other language. There is also a much longer list of Appendix:Legal terms. one without definitions, in Latin. There is a US bias in some definitions; though many of these terms are used in other jurisdictions with the same or similar meaning.

A Edit

A mensa et toro Alternatively written as a mensa et thoro (a medieval orthographic innovation to discourage intervocalic palatalization ); literally "from table and cushion", but generally translated as "from bed and board." A divorce a mensa et toro. is rather a separation of the parties by act of law, than a dissolution of the marriage. It may be granted for the causes of extreme cruelty or desertion of the wife by the husband. 2 Eccl. Rep. 208. This kind of divorce does not affect the legitimacy of children, nor authorize a second marriage. V. A vinculo matrimonii ; Cruelty Divorce. A vinculo matrimonii Literally "from the bond of marriage." A marriage may be dissolved a vinculo. in many states, as in Pennsylvania. on the ground of canonical disabilities before marriage, as that one of the parties was legally married to a person who was then living; impotence. (q. v.,) and the like adultery cruelty and malicious desertion for two years or more. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. When the marriage is dissolved a vinculo, the parties may marry again but when the cause is adultery. the guilty party cannot marry his or her paramour. ab initio Literally "from the beginning." When an agreement is for legal reasons void ab initio. it is void for all purposes throughout the period of its purported existence, and not merely from the moment that it is declared to have been void by the Court. When a man enters upon lands or into the house of another by authority of law. and afterwards abuses that authority, he becomes a trespasser ab initio. Bac. Ab. Trespass, B.; 8 Coke, 146 2 Bl. Rep. 1218 Clayt. 44. And if an officer neglects to remove goods attached within a reasonable time and continue in possession, his entry becomes a trespass ab initio. 2 Bl. Rep. 1218. See also as to other cases, 2 Stra. 717 1 H. Bl. 13 11 East, 395 2 Camp. 115 2 Johns. 191; 10 Johns. 253; ibid. 369. but in case of an authority in fact. to enter, an abuse of such authority will not, in general, subject the party to an action of trespass. Lane, 90 ; Bae. Ab. Trespass, B ; 2 T. It. 166. See generally 1 Chit. PI. 146. 169. 180. Aberemurder Obsolete: an apparent, plain, or downright murder. It was used to distinguish a wilful murder from a chance-medley or manslaughter. Spelman ; Cowell; Blount. Abet To encourage or set another on to commit a crime. This word is always taken in a bad sense. To abet another to commit a murder, is to command, procure, or counsel him to commit it. Old Nat. Brev 21; Col Litt. 475. Abettor One who encourages or incites, persuades or sets another on to commit a crime. Such a person is either a principal or, an accessory to the crime. When present, aiding, where a felony is committed, he is guilty as principal in the second degree ; when absent, "he is merely an accessory." 1. Russell, 21; 1 Leach 66; Foster 428. Source: Bouvier's Law Dictionary, Sixth Edition, Revised, 1856. Abscond To travel covertly out of the jurisdiction of the courts, or to conceal oneself in order to avoid their process. Accessory A person who knows of, and assists in, the commission of a crime. but is not present when the crime is committed. In this an accessory is different from an accomplice. A person may be an accessory either before or after the fact; that is, before or after the crime is actually committed. A person cannot be an accessory unless a crime is eventually committed. Accomplice Individual who voluntarily engages with another in the commission or attempted commission of a crime. Acquittal A setting free, or deliverance, from the charge of an offense, by verdict of a jury or sentence of a court. Adversarial system A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive. See Inquisitorial system . Affidavit Written statement of fact, signed and sworn to before a person having authority to administer an oath. Alibi A provable account of an individual's whereabouts at the time of the commission of a crime which would make it impossible or impractical to accuse the person. alternative dispute resolution Resolution of a dispute through negotiation, mediation, arbitration, or similar means, as opposed to litigation. Amicus curiae A "friend of the court". When an important or difficult point is being argued in an adversarial system of law (such as the common law of England and the United States), but one part of the argument is inadequately represented (perhaps because a party is not interested in arguing it, or does not have the resources to argue it properly), the Court may appoint an Amicus curiae, to ensure that that part of the argument is sufficiently explored and is fully argued independently of the party upon whom the burden of that argument would ordinarily fall. One, who as a stander by, when a judge is doubtful or mistaken in a matter of law, may inform the court. 2 Inst. 178; 2 Vin. Abr. 475; and any one, as amicus curia, may make an application to the court in favor of an infant, though he be no relation. 1 Ves. Sen. 313. AMITA. A paternal aunt; the sister of one's father. Inst. 3, 6, 3. Anton Piller order An ex parte order of the court permitting entry onto the defendant's premises so as to inspect and remove documents, where there is a real danger that they will be removed, hidden or destroyed. It is named for the Anton Piller case (frequently misspelt Anton Pillar ), but the same remedy had been granted prior to this decision, in EMI v Pandit. Appeal Process by which a case is brought from one court to a higher court for review. Appellant In a new case (an appeal), either the claimant. defendant. or respondent from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. appellee A respondent. arbitration A legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arraignment In criminal cases, a court hearing where the defendant is advised to the charges and asked to plead guilty or not guilty. Arguendo "For purposes of argument", as in "assuming 'arguendo' that my opponent's contentions are correct." [In Latin, arguendo is a gerund dative of purpose. Its most literal translation from Latin is "for (the sake of) asserting."]

The term is most often used in the following logical context

P1 argues "X is a result of Y"