Adverse Witness

An adverse witness, sometimes referred to as a hostile witness, is one who identifies with the opposing party because of a relationship or a common interest in the outcome of the litigation. For example, in a criminal case brought by a state against...

Advocacy of Illegal Action

OverviewImminent Lawless Action Requirement

This is a category of speech that is not protected by the First Amendment. In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court held, "the constitutional guarantees of free speech and free press do...


1. Someone who actively promotes the interests of another person or enterprise. This may involve filing claims, defending against the claims of others, and persuading other parties (e.g., government officials) to act favorably towards the relevant...


The author of an affidavit, who swears to its accuracy.


A voluntarily sworn declaration of written facts. Affidavits are commonly used to present evidence in court. see, e.g. Edenfield v. Fane, 507 US 761 (1993).

See Category: Courts and Procedure

Affirmative Action


A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational...


1. To attach (as in: to affix a notice to a door)

2. To sign (as in: to affix a signature to a document)

After-Discovered Evidence


In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion. Upon later discovery, a...


Agency: An Overview

Agency law is concerned with any "principal"-"agent" relationship; a relationship in which one person has legal authority to act for another. Such relationships arise from explicit appointment, or by implication. The relationships...


A person with authority to act on behalf of another person.

See Principal, Fiduciary, and Fiduciary duty.