Appendix A: Glossary of Important Legal Terms: A Mini Legal Dictionary

• Author: Scott A. Hatch/Lisa Zimmer Hatch
• Profession: Founders of The Center for Legal Studies and developed their award-winning paralegal curriculum in 1980, offering it through 600 colleges nationwide
• Pages: 315-336

Appendix A

APPENDIX A Glossary of Important Legal Terms: A Mini Legal Dictionary 315

Glossary of Important

Legal Terms: A Mini

Legal Dictionary

As you read through this book, you probably see some terms that look like stirred-

up alphabet soup. That’s because the language of the law in the United States

incorporates lots of Latin terms and uses some common expressions to mean

uncommon things. This glossary is here to help you sort through some of the

denitions you need to know to make sense of the work you do as a paralegal.

If you don’t nd the word you’re looking for in this list, consult a legal dictionary

such as Webster’s New World Law Dictionary Online www.yourdictionary.com/

about/websters-new-world-law-dictionary.html); Black’s Law Dictionary Online

(https://thelawdictionary.org/).

acquittal: A nding of not guilty, an absolution of guilt, or a jury verdict of not guilty in a

criminal action.

action: A lawsuit brought in court.

ad damnum clause: See prayer for relief.

additur: An amount of money conferred by the judge in addition to the damage award

provided by the jury. The judge grants a new trial unless the losing party agrees to add a

certain amount to the damage award. See also remittitur.

ad hoc: For a specic purpose. An ad hoc committee organizes to achieve a particular goal

and then disbands.

adjourn: To end or postpone to a later time.

administrative agency: An agency of the executive branch of government whose duty

is to carry out statutes and executive orders and that is responsible for the control,

supervision, and regulation of specic activities. In many cases, paralegals may represent

clients at administrative-agency hearings under the authority of the Administrative

Procedure Act, 5 U.S.C. section555 (1967).

316 PART 6 Appendixes

administrative regulation: A regulation that binds agencies and the public in certain

areas. It consists of administrative agency rules designed to explain and carry out the

statutes and executive orders that govern the agency.

admissible evidence: Evidence that has been declared admissible by the judge for usage

in an action. The evidence is admitted for consideration by the judge or jury as to its truth

or falsity.

admission: An out-of-court statement made by a party to the litigation that is inconsistent

with the position the party is adopting in the litigation. An admission by a party-opponent

is not considered to be hearsay, which makes these statements admissible. For example,

let’s say Jacob sues Samantha for injuries that he sustained when the car Samantha was

driving hit him while he was crossing the street. At the time of the accident, Samantha

admitted to Jacob that she sped up to beat the red stoplight and didn’t see him in the

crosswalk. At trial, Samantha alleges that she saw Jacob in the crosswalk but could not

stop because her brakes failed. Samantha’s prior admission to Jacob that she sped up

and didn’t see him would be admissible because a party-opponent, Samantha, made the

admission.

admission and denial: After the defendant reads the facts that the plainti alleges to

be true in the complaint, the defendant prepares and les an answer in which he or she

may decide to admit the truth of some of the facts and deny the truth of others. When

in doubt, the defendant often states that he or she “is without sucient information to

admit or deny the allegation and therefore denies same.” The admission and denial is the

most critical portion of the defendant’s answer to the plainti’s complaint.

adversarial hearing: A hearing where both parties are present to argue their respective

positions. The hearing gives both sides in the controversy a chance to be heard. The

adversarial system places the burden of proving or disproving legal arguments on the

parties to the litigation rather than on the judge.

adverse judgment: A judgment or decision against the party that you and your attorney

represent.

aant: A person who swears or arms under penalty of perjury to the truthfulness of a

written statement. The person who signs an adavit.

adavit: A written statement of fact in which the aant swears under penalty of

perjury that the written statement is true. Those who don’t swear under oath arm

the statement rather than swear to it.

adavit of service: A written statement sworn to by the aant, saying that a party

has been served with papers and stating the time and place details of the service. This

document is usually notarized and returned to the court after service has been

eectuated.

arm: To uphold or establish.

armative defense: A new factual allegation by the defendant not contained in the

plainti’s allegations. An armative defense is usually contained in the defendant’s

answer to the plainti’s complaint. Common examples of armative defenses are

contributory negligence and assumption of the risk. The armative defenses for federal

proceedings are found in Rule 8(c) of the Federal Rules of Civil Procedure.