trial process/advocacy

abuse of discretion

Definition

A standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.

Overview...

acceptance of service

Acceptance of service is defined as an agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff. Acceptance of service is accomplished by...

actual authority

An agent's power to act on behalf of a principal, because such power was expressly or impliedly conferred.

See Express authority, Implied authority, Inherent authority, and Apparent authority.

actual notice

Actual notice is a notice that is given directly to a party or is personally received by a party informing them of a case that could affect their interests. In case of an actual notice, the notice is served in person as opposed to...

advocate

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...

affiant

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

affidavit

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

affirm

There are several, related usages of the word “affirm” in a legal context; but, generally it means “to confirm or ratify.” Common occurrences of this word include:

An appellate court can affirm the ruling that was the subject of the appeal...

affirmative defense

Definition

This is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.

Overview

Self-...

after-discovered evidence

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal...

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