lawsuits-court

Definition

Of or relating to transactions between two parties who are independent and do not have a close relationship with each other. Presumably, these parties have equal bargaining power and are not subject to undue pressure or influence from the other party.

Definition

Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered. To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).

Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review and modification by agency heads. Also termed hearing examiner; hearing officer; and trial examiner.

Definition

A federal statute that governs the procedures and practices of administrative law.

§ 3 of the APA, 5 USC § 552, addresses the procedural formalities that agencies must employ when making decisions. There is a distinction made between (i) general regulations made through the process of rulemaking and (ii) case-by-case decisions made through the process of adjudication.

§ 10 of the APA, 5 USC §§ 701-706, deals with judicial review of administrative agency decisions.

Definition

A trial-like proceeding before an administrative agency or administrative law judge. As in a trial, evidence is proffered and testimony is given. Unlike a trial, an administrative hearing is often shorter in duration and more informal in nature.

Definition

A standard form contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), who must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract. Adhesion contracts are commonly used for matters involving insurance, leases, deeds, mortgages, automobile purchases, and other forms of consumer credit.

Definition

A paper ballot submitted, before an election day and often by mail, by a voter who is unable to attend the official polling station on election day. Also termed absentee vote.

Definition

To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom.

Contract and Insurance law: to rescind or terminate a contract.