courts and procedure

admission against interest

An admission against interest is as an out-of-court statement made by a party that is against their own pecuniary, proprietary, or penal interest, and that is admissible under both an exclusion (admission by a party-opponent) and an exception...

admission of guilt

Admission of guilt is an oral or written statement by an accused acknowledging that they have committed a criminal offense. An admission of guilt can be indicated from the words of an accused even though specific words like “yes, I am guilty...

adversary proceeding

An adversary proceeding may refer to any case in which two opposing parties resolve a dispute through a neutral third party, however, the term is more frequently used to refer to a specific type of action in bankruptcy court.

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adverse

Adverse means to be against or opposed to one’s own interests. Adverse is used in several legal contexts. For example:

An adverse party is the party with contrary interests to one’s own. In property law, adverse possession refers to...

adverse interest

There are three main types of adverse interests.

An adverse interest can mean an interest, claim or right that is against another’s interest. For example, a plaintiff and defendant have adverse interests. A witness with...

adverse party

An adverse party is the other side of a lawsuit, the opposite party, one with opposing interests. If there are numerous parties and claims, parties may be in agreement on some matters and adverse on some issues.

For example...

advisory opinion

An advisory opinion is a court's nonbinding interpretation of law. It states the opinion of a court upon a legal question submitted by a legislature, government official, or another court. Parties seeking advisory opinions tend to do so to...

advocacy of illegal action

The advocacy of illegal action is a category of speech not protected by the First Amendment. It is also sometimes referred to as the advocacy of illegal conduct.

First addressed in Whitney v. California (1927), the Supreme...

affiant

An affiant is a person who is the author of an affidavit, who swears to the truth and accuracy of the statements made in the affidavit.

The person making the signed statement (affiant) takes an oath that the contents are...

affidavit

An affidavit is a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge. Affidavits by both plaintiff/prosecution and defense...

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