Duhaime.org
Law + Legal Information = Justice

 
A
Legal definitions for terms and concepts beginning with A

Ab Absurdo
Latin: an evidentiary suggestion or statutory interpretation that is, or leads to, an absurdity.
Expanded Legal Definition of Ab Absurdo
Abandonment
The leaving behind of property; an indifference as to the fate of a chatttel.
Expanded Legal Definition of Abandonment
Abatement
A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. In the law of torts, the summary removal of a nuisance.
Expanded Legal Definition of Abatement
Abbacinare
A barbaric form of corporal punishment meted out in the middle ages where persons would be permanently blinded by the pressing of hot irons to the open eyes.
Expanded Legal Definition of Abbacinare
Abduction
To take someone away from a place without that person's consent, or by fraud.
Expanded Legal Definition of Abduction
Aberemurder
A spontaneous and gratuitous murder.
Expanded Legal Definition of Aberemurder
Abet
Encouraging or inciting another to do a certain thing, such as a crime.
Expanded Legal Definition of Abet
Ab Initio
Latin: from the start; from the beginning.
Expanded Legal Definition of Ab Initio
Aboriginal
Pertaining to things or land or person or members of a race, which are indigenous to, or first occupied a specified territory.
Expanded Legal Definition of Aboriginal
Absolute
Final, perfected, complete and unconditional.
Expanded Legal Definition of Absolute
Absolute Discharge
A sentence of a person guilty of a crime in which the accused is deemed to have not been convicted; no criminal record issues as regards the offense for which an absolute discharge is granted.
Expanded Legal Definition of Absolute Discharge
Absolute Liability
Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, if the facts had been as the accused believed them to be, would have made his act innocent.
Expanded Legal Definition of Absolute Liability
Absolute Privilege
An absolute defence to an otherwise defamatory statement because of the venue or context which the statement was made.
Expanded Legal Definition of Absolute Privilege
Accardi Doctrine
An agency must abide by its own regulations.
Expanded Legal Definition of Accardi Doctrine
Acceleration Clause
A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately.
Expanded Legal Definition of Acceleration Clause
Acceptance
The final and unequivocal expression of assent to another's offer to contract.
Expanded Legal Definition of Acceptance
Access
A non-custodian parent's bundle of rights or times and days during which he/she has exclusive time with the child of the separated parents.
Expanded Legal Definition of Access
Accident
An unlooked for mishap or occurrence.
Expanded Legal Definition of Accident
Accord and Satisfaction
The act of one party, having complied with its contractual obligation, accepting some type of compensation from the other party (usually money and of a lesser value) in lieu of enforcing the contract and holding the other party to their original obligation.
Expanded Legal Definition of Accord and Satisfaction
Accounts
The written, detailed or summary, record of a person's managament or administration of an estate or of a particular matter.
Expanded Legal Definition of Accounts
Accretion
The addition to land by the action of water.
Expanded Legal Definition of Accretion
Acquiescence
Action or inaction which binds a person legally even though it was not intended as such.
Expanded Legal Definition of Acquiescence
Acquittal
A decision by a judge that a person accused of a crime is not guilty.
Expanded Legal Definition of Acquittal
Act
A bill which has passed through the various legislative steps required for it and which has become law.
Expanded Legal Definition of Act
Action
A formal demand to a court of law and of justice to resolve a dispute.
Expanded Legal Definition of Action
Act of God
An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.
Expanded Legal Definition of Act of God
Actual Total Loss
Property that is completely destroyed, or lost and irretrievable; a term of insurance and maritime law.
Expanded Legal Definition of Actual Total Loss
Actus Reus
Latin: a prohibited act.
Expanded Legal Definition of Actus Reus
Actus Reus Non Facit Reum Nisi Mens Sit Rea
Latin: conviction of a crime requires proof of a criminal act and intent.
Expanded Legal Definition of Actus Reus Non Facit Reum Nisi Mens Sit Rea
Ad Colligendum Bona
A person appointed by Court order and for the limited and sole purpose of collecting, inventorizing and preserving the assets of the deceased until another administrator can be found or appointed.
Expanded Legal Definition of Ad Colligendum Bona
Ad Damnum
Latin: refers to the parts or sections of a Court application that speaks to the damages that were allegedly suffered and claimed by the plaintiff.
Expanded Legal Definition of Ad Damnum
Addendum
An attachment to a written document.
Expanded Legal Definition of Addendum
Ademption
When property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.
Expanded Legal Definition of Ademption
Adhesion Contract
A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale to advantage the seller.
Expanded Legal Definition of Adhesion Contract
Ad Hoc
Latin: for this purpose; for a specific purpose.
Expanded Legal Definition of Ad Hoc
Ad Infinitum
Latin: forever; without limit; indefinitely.
Expanded Legal Definition of Ad Infinitum
Adjective Law
Procedural law.
Expanded Legal Definition of Adjective Law
Adjourn
The postponement, suspension and interruption of an ongoing hearing or meeting to resume at some future date; to break off for later resumption.
Expanded Legal Definition of Adjourn
Ad Litem
Latin: for the suit.
Expanded Legal Definition of Ad Litem
Adminiculum
Latin: some evidence tendered to support something else
Expanded Legal Definition of Adminiculum
Administration of Justice
The personnel, activity and structure of the justice system - courts and police - in the detection, investigation, apprehension, interviewing and trial of persons suspected of crime.
Expanded Legal Definition of Administration of Justice
Administrative Law
That body of law which applies for hearings before quasi-judicial or quasi-judicial organizations such as administrative tribunals, or the underlying regulatory agency.
Expanded Legal Definition of Administrative Law
Administrative Tribunal
Hybrid adjudicating authorities which render judicial decisions.
Expanded Legal Definition of Administrative Tribunal
Administrator
A person who manages (administers) the assets of another, such as an estate administrator or the administrator of an insurance plan.
Expanded Legal Definition of Administrator
Admiralty
Law or judicial body having to do with, or jurisdiction over, shipping and use of the sea.
Expanded Legal Definition of Admiralty
Adoption
To take as one's own.
Expanded Legal Definition of Adoption
Adoption of Convenience
An adoption of a child not for the sake of the child but to the convenience, usually financial, of the adopting parent(s).
Expanded Legal Definition of Adoption of Convenience
ADR
Abbreviation for alternative dispute resolution.
Expanded Legal Definition of ADR
Adult
An individual who has reached, or is over the age of majority.
Expanded Legal Definition of Adult
Adult Child
A son or daughter who has reached the age of majority.
Expanded Legal Definition of Adult Child
Adultery
Voluntary sexual intercourse between a married person and another person who is not their married spouse.
Expanded Legal Definition of Adultery
Adult Guardianship
The body of law as related to the investigation into the ability of an adult to manage his or her person or affairs, and the resultant guardianship.
Expanded Legal Definition of Adult Guardianship
Adult Interdependent Partner
A statutory term for individuals within a common-law relationship.
Expanded Legal Definition of Adult Interdependent Partner
Adverse Possession
The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner.
Expanded Legal Definition of Adverse Possession
Adverse Witness
The right of a party calling a witness to show that the witness made a prior inconsistent statement.
Expanded Legal Definition of Adverse Witness
Affiant
A person that is sworn to an affidavit; who gives evidence by way of an affidavit.
Expanded Legal Definition of Affiant
Affidavit
A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true.
Expanded Legal Definition of Affidavit
Affirmative Action
A reverse discrimination law, program or activity that has as its object the amelioration of conditions of individuals who are socially or economically disadvantaged.
Expanded Legal Definition of Affirmative Action
Affray
A fight between two or more persons in a public place so as to cause terror to the public.
Expanded Legal Definition of Affray
Affreightment
A transportation contract whereby a transportation company, shipowner or operator agrees to carry goods in return for a sum of money, the sum being paid called freight.
Expanded Legal Definition of Affreightment
Agenda
A term of parliamentary law and procedure referring to a program, written notice and order of business at an upcoming meeting.
Expanded Legal Definition of Agenda
Agent
A person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions.
Expanded Legal Definition of Agent
Age of Majority
An age generally specified by statute, at which time, upon an individual is given the full gamut of legal rights and responsibilities generally available to an adult of sound mind.
Expanded Legal Definition of Age of Majority
Aggravated Damages
Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
Expanded Legal Definition of Aggravated Damages
Aggression
Unjustified use of force against the territorial integrity of another state.
Expanded Legal Definition of Aggression
Agnatio
Latin: members of a group having a common male ancestor.
Expanded Legal Definition of Agnatio
Agreement in Principle
An agreement as to the terms of some future contract.
Expanded Legal Definition of Agreement in Principle
Aircraft
An object used for flight through the air.
Expanded Legal Definition of Aircraft
Air Law
The law of aircraft, their passengers and cargo, and their transit above states and other governed territory.
Expanded Legal Definition of Air Law
Air of Reality Test
A pre-requisite test against which a proposed defence to a criminal charge is weighed; that any proposed defence must at least have an evidential foundation.
Expanded Legal Definition of Air of Reality Test
Akathisia
Psychomotor restlessness.
Expanded Legal Definition of Akathisia
Aleatory Contract
Civil law: a contract which depends on an uncertain event.
Expanded Legal Definition of Aleatory Contract
Alia Enormia
Latin: The catch-all phrase in trespass pleadings to refer to all such other harms and damages that may have been caused by the alleged trespasser other than those specified.
Expanded Legal Definition of Alia Enormia
Alibi
A defence to a criminal charge to the effect that the accused was elsewhere than at the scene of the alleged crime.
Expanded Legal Definition of Alibi
Alien
A citizen of a state in transit, working, residing or otherwise within the territory of another state.
Expanded Legal Definition of Alien
Alienate
To sell or give completely and without reserve; to transfer title to somebody else.
Expanded Legal Definition of Alienate
Alimony
An amount given to one spouse to another while they are separated.
Expanded Legal Definition of Alimony
Alliance
A military treaty between two or more states, providing for a mutually-planned offensive, or for assistance in the case of attack on any member.
Expanded Legal Definition of Alliance
Allodial
Land ownership that is unfettered, outright and absolute.
Expanded Legal Definition of Allodial
Allonge
A piece of paper which has been attached to a contract, a check or any promissory note, on which to add signatures because there is not enough room on the main document.
Expanded Legal Definition of Allonge
Alluvion
The gradual increase of land by the action of water such as by tides or currents.
Expanded Legal Definition of Alluvion
Alternative Dispute Resolution
Also known as 'ADR'; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration.
Expanded Legal Definition of Alternative Dispute Resolution
Alternative Measures
Canada; a much lighter disposition of a criminal charge regarding an adult accused who would be prepared to plead guilty and which does not result in a criminal record or incarceration but instead usually results in a mild penalty such as community service, an apology to the victim or counseling.
Expanded Legal Definition of Alternative Measures
Amalgamation
The merging of two things together to form one such as the amalgamation of different companies to form a single company.
Expanded Legal Definition of Amalgamation
Ambassador
A citizen that has been officially asked by their country to live in another country in order to legally represent it.
Expanded Legal Definition of Ambassador
Ambiguity
Where a word or phrase is capable of two or more meanings and which, in the context, raises doubt or uncertainty as to which is intended.
Expanded Legal Definition of Ambiguity
Ambulatory
Something which is not cast in stone; which can be changed or revoked, such as a will.
Expanded Legal Definition of Ambulatory
Amend
To change, to revise; to formally change a statement on the record or the wording of a written document, such as a statute.
Expanded Legal Definition of Amend
Amicus Curiae
Latin: friend of the court.
Expanded Legal Definition of Amicus Curiae
Amnesty
A general pardon extended by the government to those persons facing prosecution for, or convicted of specified criminal offences.
Expanded Legal Definition of Amnesty
Anarchy
Absence of law.
Expanded Legal Definition of Anarchy
Anchorage
The temporary imobolization of a vessel near land through the use of some fixing of the boat to the land under the water bed.
Expanded Legal Definition of Anchorage
Ancient Lights
An opening through which light has flowed uninterrupted for twenty years and which can, in some circumstances, support a claim for nuisance if blocked.
Expanded Legal Definition of Ancient Lights
Ancillary Relief
Secondary relief claimed by a litigant which is subordinate or subservient to a principal claim.
Expanded Legal Definition of Ancillary Relief
And/Or
Any combination of two options; one, the other (either), or both.
Expanded Legal Definition of And/Or
Animal
A creature or living thing, other than human, being able to move of its own accord.
Expanded Legal Definition of Animal
Animus Contrahendi
Latin: an intention to contract.
Expanded Legal Definition of Animus Contrahendi
Animus Furandi
Latin: an intent to do wrong.
Expanded Legal Definition of Animus Furandi
Annulment
To make void forever; to cancel an event or judicial proceeding both retroactively and for the future so that in the eyes of the law, it never occurred.
Expanded Legal Definition of Annulment
Antedate
To date back; retroactively.
Expanded Legal Definition of Antedate
Antenuptial
An event or document which pre-dates a marriage.
Expanded Legal Definition of Antenuptial
Antichresis
Civil law: the pledge of real property as security for a debt.
Expanded Legal Definition of Antichresis
Anticipatory Breach
When a party to a contract receives an indication from the other party that they intend on not performing their contractual obligations.
Expanded Legal Definition of Anticipatory Breach
Antisocial Personality Disorder
A pervasive pattern of disregard for and violation of the rights of others.
Expanded Legal Definition of Antisocial Personality Disorder
Anti-trust
Prohibited trade, marketplace or merchant activities as defined in a relevant anti-trust or such other restraint of trade statute.
Expanded Legal Definition of Anti-trust
Anton Piller Order
A court order allowing a party to litigation to enter the premises of another to search for and, if found, remove specified documents or items.
Expanded Legal Definition of Anton Piller Order
Apostacy
The ancient criminal offence of not being Christian or atheism, or of denying the doctrines of a state religion.
Expanded Legal Definition of Apostacy
Appeal
To ask a more senior court or person to review a decision of a subordinate court or person.
Expanded Legal Definition of Appeal
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit.
Expanded Legal Definition of Appearance
Apportionment
The division and distribution of something into proportionate parts; to each according to their share.
Expanded Legal Definition of Apportionment
Appraisal
The informed and objective inspection and estimation of a thing's worth.
Expanded Legal Definition of Appraisal
Appraisement
The inspection and appraisal or valuation of property, especially vessels, such as by a court-appointed surveyor, before its judicial sale, thus allowing the court to make an informed decision as to whether the judicial sale price is fair to the parties, particularly where there are competing claims for the proceeds of sale.
Expanded Legal Definition of Appraisement
Appurtenance
Something that, although detached, stands as part of another thing.
Expanded Legal Definition of Appurtenance
Arbiter
An alternate term for arbitrator; preferred in some jurisdictions such as Scotland.
Expanded Legal Definition of Arbiter
Arbitration
An agreement to submit a dispute for a hearing and binding decision by a third-party, an arbitrator(s), who is neither a judge or a Court
Expanded Legal Definition of Arbitration
Arbitration Act
A statute that sets out default terms for the conduct of arbitration between parties to a dispute.
Expanded Legal Definition of Arbitration Act
Arbitration Agreement
A contract between two or more parties to refer a dispute to arbitration.
Expanded Legal Definition of Arbitration Agreement
Arbitration Clause
A clause in a contract which requires a party to refer a dispute to arbitration.
Expanded Legal Definition of Arbitration Clause
Arbitration Rules
The rules of procedure that govern a particular arbitration.
Expanded Legal Definition of Arbitration Rules
Arbitrator
The adjudicating and presiding officer of a dispute submitted to arbitration.
Expanded Legal Definition of Arbitrator
Arbuckle Rights
The right of an accused to be sentenced by the judge who took his guilty plea.
Expanded Legal Definition of Arbuckle Rights
Armchair Rule
A rule of interpretation that a judge, called upon to interpret an otherwise unclear legal document, shall take into account the circumstances in which the document was created.
Expanded Legal Definition of Armchair Rule
Armed Robbery
Robbery committed while the person accused is armed with a dangerous weapon.
Expanded Legal Definition of Armed Robbery
Arm's Length
A transaction or relationship where there is an absence of control the one over the other.
Expanded Legal Definition of Arm's Length
Arraignment
In USA criminal law, the formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.
Expanded Legal Definition of Arraignment
Arrears
A debt that is not paid on the due date adds up and accumulates in arrears.
Expanded Legal Definition of Arrears
Arrest
The detainment or restraint of a person or thing for the purposes of determining legal rights as regards a thing, or suspicion of criminal activity as regards a person.
Expanded Legal Definition of Arrest
Arson
The intentional setting of a fire to a building.
Expanded Legal Definition of Arson
As Is
That a product is sold in the condition in which it then exists.
Expanded Legal Definition of As Is
Assault
The touching of another person with an intent to harm, without that person's consent.
Expanded Legal Definition of Assault
Asset
A thing of value.
Expanded Legal Definition of Asset
Assign
To sell, give or otherwise transfer some legal right or responsibility to another.
Expanded Legal Definition of Assign
Assisted Suicide
An attempt to take one's own life with the intentional assistance of another person.
Expanded Legal Definition of Assisted Suicide
Association
A form of organizational structure which is institutionally operated on a cost recovery basis, for which incorporation is extended by the government or, in some jurisdictions, as an unincorporated association of individuals, for a set of purposes set out in statute such as religious, scientific, social, literary, educational, recreational or benevolent purposes, and generally operated as nearly as possible at cost.
Expanded Legal Definition of Association
Assumpsit
Medieval era action for breach of contract.
Expanded Legal Definition of Assumpsit
Asylum
A secure place of refuge.
Expanded Legal Definition of Asylum
Asylum Shopping
The practise by an individual given asylum by one state as a refugee, to then use that status to attempt to migrate to another country.
Expanded Legal Definition of Asylum Shopping
Athens Passenger Convention
Formally, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974, an international treaty which establishes a regime of liability for damage suffered by passengers carried on a seagoing vessel.
Expanded Legal Definition of Athens Passenger Convention
Attorney
An alternate word for lawyers or barrister and solicitor, used mostly in the USA.
Expanded Legal Definition of Attorney
Attorn or Attornment
To consent, implicitly or explicitly, to a transfer of a right.
Expanded Legal Definition of Attorn or Attornment
Audi Alteram Partem
Latin; literally 'hear the other side'.
Expanded Legal Definition of Audi Alteram Partem
Auditor
A private person who examine, inspects or verifies the accounts of another.
Expanded Legal Definition of Auditor
Authentic Act
Civil law: a contract or other legal document which has been properly prepared or authenticated by a court officer, such as a notary, and thereafter given enhanced evidentiary status of its authenticity.
Expanded Legal Definition of Authentic Act
Automatic Stay
In bankruptcy law; a stay of collection and other similar debt enforcement proceedings against a bankrupt.
Expanded Legal Definition of Automatic Stay
Automatism
An act done by a person who is not conscious of what he is doing.
Expanded Legal Definition of Automatism
Autrefois Acquit
Previously acquitted; an accused cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted.
Expanded Legal Definition of Autrefois Acquit
Averment
Pleadings; official allegations of fact made by a party to a lawsuit.
Expanded Legal Definition of Averment
A Vinculo Matrimonii
Latin: of marriage.
Expanded Legal Definition of A Vinculo Matrimonii
Avulsion
The removal of land from one real property and its deposit on the property of another, by the sudden action of nature (eg. water or volcano).
Expanded Legal Definition of Avulsion
Avunculus
Latin: a mother's brother.
Expanded Legal Definition of Avunculus
Award
The decision of an arbitrator.
Expanded Legal Definition of Award

Legal Dictionary

Enter a Letter or Legal Term

Legal Dictionary Homepage

Legal Citations & Abbreviations

Legal Citations by first letter:


Legal Citations Homepage

Law Resources by Topic

Bankruptcy Law

Civil Litigation & ADR

Consumer & Commercial Law

Contract Law

Criminal Law

Elder Law, Wills, Trusts, Estates

Employment & Labour Law

Family Law

Intellectual Property & Internet Law

International Law

Maritime Law

Real Estate & Tenancy Law

Tort & Personal Injury Law

Traffic Law

Duhaime's LawMag

Playing God: One Jurisdiction's End-of-Life Law Odyssey

If one Canadian jurisdiction's unbelievable procrastination is any example, adult guardianship law presents extraordinary law-making challenges.

Barack Obama’s Secret Life Exposed!

Read about the phony social security number and the African family the world’s top lawyer is hiding. Honest. The Globe says so.

An Inconvenient Truth's Inconvenient Truth

There is an inconvenient truth about Al Gore's global warming movie. And it took a judge to ream him out for the wrong rating it received. It's partly science fiction.

Read earlier headlines »

Subscribe to stay in touch »

Law Museum & Legal History

Law Museum

Law Gallery

Timetable of World Legal History

Law Hall of Fame

Law Hall of Shame

Canadian Legal History

Law Fun

LawFun

Celebrity Lawyers

Crazy Law Videos

Crazy Laws

Famous Wills

Law Poems: Poetic Justice

LawKids

LawMazing

L.I.E.S. Law School

Outrageous Lawsuits

Crime Prevention & Personal Safety

Dog Attack

Child Sexual Abuse

Cocaine

Jogging Safety

Date Rape

Child Abduction

... More Topics

Login



Register
Forgot Password?

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top