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

The...

Acceptance of Service

Definition

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 signing a "receipt and acknowledgment of...

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.

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

Definition from Nolo’s Plain-English Law DictionaryAn act by one court to agree with and confirm a lower court's decision.

Definition provided by Nolo’s Plain-English Law Dictionary.

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

Definition

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

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...

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