Legal Terms: A
Abandonment
propertyThe voluntary relinquishment of a right, claim, or property with no intention of reclaiming it.
Abatement
generalA reduction, decrease, or elimination. In law, it may refer to the reduction of a tax, legacy, or nuisance.
Absolute Priority Rule
bankruptcyA principle requiring that senior creditor classes be paid in full before junior classes receive any distribution under a Chapter 11 plan.
Abstract of Title
propertyA condensed history of the title to a piece of land, listing all recorded instruments that affect ownership.
Acceleration Clause
contractsA provision in a loan agreement allowing the lender to demand immediate payment of the entire balance if certain conditions are met, such as missed payments.
Access Control
healthcareA HIPAA Security Rule technical safeguard requiring covered entities to implement procedures to ensure that only authorized persons can access electronic protected health information.
Accessory
criminalA person who assists in the commission of a crime but is not the principal actor. An accessory before the fact helps plan the crime; an accessory after the fact aids the offender after the crime.
Accomplice
criminalA person who knowingly and voluntarily participates with another in a criminal act, either as a principal or accessory.
Accord and Satisfaction
contractsAn agreement to accept a different performance than what was originally promised, combined with the actual performance of that new agreement, discharging the original obligation.
Accounting of Disclosures
healthcareA patient's right under HIPAA to receive a list of certain disclosures of their protected health information made by a covered entity during the preceding six years.
Accredited Investor
securitiesAn individual or entity meeting SEC income or net-worth thresholds and thus permitted to invest in unregistered securities offerings.
Acquittal
criminalA finding of not guilty by a judge or jury, releasing the defendant from criminal charges.
Action
civil procedureA lawsuit or legal proceeding brought before a court to enforce a right or seek a remedy.
Actus Reus
criminalThe physical act or unlawful omission that constitutes a criminal offense. Together with mens rea, it forms the basis of criminal liability.
Adequate Protection
bankruptcyPayments or other measures provided to a secured creditor to protect its interest in collateral during the bankruptcy case.
Adhesion Contract
contractsA standardized form contract offered on a take-it-or-leave-it basis by a party with superior bargaining power, with no opportunity for negotiation.
Adjudication
civil procedureThe formal resolution of a dispute by a judge or administrative tribunal. The process of making a judicial decision.
Adjusted Gross Income
taxTotal gross income minus specific above-the-line deductions, such as retirement contributions and student loan interest, used to determine eligibility for various tax benefits.
Adjustment of Status
immigrationThe process by which an eligible foreign national already in the United States obtains lawful permanent resident status without having to return to their home country.
Administrative Law
administrativeThe body of law governing the activities of administrative agencies, including rulemaking, adjudication, and enforcement.
Admiralty Law
generalThe body of law governing maritime activities, including shipping, navigation, waters, insurance, and piracy. Also called maritime law.
Admissible Evidence
evidenceEvidence that meets the rules of evidence and may be considered by a judge or jury in deciding a case.
Adoption
familyThe legal process by which a person becomes the lawful parent of a child who is not biologically theirs, permanently transferring all parental rights.
Advance Parole
immigrationA travel document allowing a foreign national with a pending immigration application to leave and reenter the United States without abandoning their application.
Adversarial System
generalThe legal system used in the United States where two opposing parties present their cases before a neutral judge or jury.
Adversary Proceeding
bankruptcyA lawsuit filed within a bankruptcy case to resolve disputes such as fraudulent transfer claims, dischargeability of debts, or objections to exemptions.
Adverse Possession
real estateA method of acquiring title to real property by occupying it openly, continuously, exclusively, and adversely for the statutory period required by state law.
Affidavit
civil procedureA written statement of facts made under oath and signed before a notary public or other authorized officer.
Affirmative Defense
civil procedureA defense strategy in which the defendant introduces evidence that, if found credible, negates criminal or civil liability even if the allegations are true.
Affordable Care Act
healthcareThe 2010 federal law that expanded health insurance coverage through Medicaid expansion, health insurance marketplaces, and individual and employer mandates.
Age Discrimination in Employment Act
employmentA federal law prohibiting employment discrimination against individuals 40 years of age or older in hiring, promotion, termination, and other terms of employment.
Agency
administrativeA governmental body with delegated authority to implement and enforce specific laws and regulations.
Aggravated Felony
immigrationA category of criminal offenses defined in the Immigration and Nationality Act that carries severe immigration consequences, including mandatory detention and removal.
Aiding and Abetting
criminalAssisting or encouraging someone in committing a crime, which can result in criminal liability equal to that of the principal offender.
Alimony
familyFinancial support paid by one spouse to the other after separation or divorce, based on factors like length of marriage and earning capacity.
Allegation
civil procedureA claim or assertion made by a party in a pleading that the party expects to prove at trial.
Allotment
tribalThe historical federal policy of dividing communal tribal lands into individual parcels assigned to tribal members, resulting in significant loss of tribal land.
Alternative Dispute Resolution
civil procedureMethods of resolving disputes outside of traditional courtroom litigation, including mediation, arbitration, and negotiation.
Alternative Minimum Tax
taxA parallel tax system that ensures higher-income taxpayers pay a minimum amount of tax by disallowing certain deductions and credits available under the regular tax system.
Amend
generalTo change or modify a legal document, statute, or constitutional provision through a formal process.
Amended Return
taxA form filed to correct errors on a previously filed tax return, such as changes to income, deductions, or credits.
Amendment
constitutionalA formal change or addition to a law, constitution, or legal document.
Americans with Disabilities Act Employment
employmentThe federal law prohibiting employment discrimination against qualified individuals with disabilities and requiring employers to provide reasonable accommodations.
Amicus Curiae
civil procedureLatin for 'friend of the court.' A person or organization that files a brief offering information or arguments relevant to a case in which they are not a party.
Annual Exclusion
taxThe amount of gifts a person can give to any individual each year without incurring gift tax or using any of their lifetime gift tax exemption.
Annulment
familyA legal declaration that a marriage is void and never legally existed, as opposed to divorce, which ends a valid marriage.
Answer
civil procedureThe defendant's formal written response to a complaint, admitting or denying the allegations and raising any defenses.
Anti-Kickback Statute
healthcareA federal criminal law prohibiting the knowing and willful offering, payment, solicitation, or receipt of anything of value to induce or reward referrals for services covered by federal healthcare programs.
Antitrust
businessLaws designed to promote competition and prevent monopolies, including the Sherman Act, Clayton Act, and FTC Act.
Appeal
civil procedureA request to a higher court to review and change the decision of a lower court based on alleged legal errors.
Appellate Court
courtsA court that reviews decisions of lower courts for legal errors. It does not conduct new trials or hear new evidence.
Appraisal
real estateA professional estimate of the market value of real property, typically required by lenders before approving a mortgage.
Appropriation
generalThe legislative allocation of government funds for a specific purpose. Also, in tort law, the unauthorized use of another person's name or likeness for commercial benefit.
Arbitration
civil procedureA form of alternative dispute resolution where a neutral third party (arbitrator) hears evidence and makes a binding decision.
Arbitration Agreement in Employment
employmentA contract provision requiring employees to resolve disputes with their employer through binding arbitration rather than litigation.
Army Corps of Engineers
environmentalThe federal agency responsible for issuing permits under Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States.
Arraignment
criminalA court proceeding in which the defendant is formally charged with a crime and asked to enter a plea of guilty, not guilty, or no contest.
Arrears
generalMoney that is owed and should have been paid earlier, such as overdue rent, child support, or loan payments.
Arrest
criminalThe taking of a person into custody by law enforcement, typically based on probable cause that a crime has been committed.
Arson
criminalThe crime of intentionally or recklessly setting fire to property, including buildings, land, or vehicles.
Article 15
militaryA nonjudicial punishment under the UCMJ allowing a commanding officer to impose disciplinary action for minor offenses without a formal court-martial.
Assault
criminalThe intentional act of causing another person to fear imminent harmful or offensive contact. Distinguished from battery, which involves actual contact.
Assessment
real estateThe valuation of real property by a local government assessor for the purpose of calculating property taxes.
Asset
businessAnything of value owned by a person or entity, including real property, personal property, cash, investments, and intellectual property.
Assumption
bankruptcyThe debtor's decision in bankruptcy to continue performing under an executory contract or unexpired lease, requiring cure of any defaults.
Asylum
immigrationProtection granted by a country to a foreign national who has fled their home country due to a well-founded fear of persecution.
Asylum Interview
immigrationAn interview conducted by a USCIS asylum officer to evaluate an affirmative asylum application and determine whether the applicant has a credible fear of persecution.
At-Will Doctrine
employmentThe default employment rule in most states allowing either the employer or employee to terminate the employment relationship at any time for any lawful reason without prior notice.
At-Will Employment
employmentAn employment arrangement where either the employer or employee can terminate the relationship at any time, for any lawful reason, with or without notice.
Attorney
generalA person licensed to practice law and represent clients in legal matters, also called a lawyer or counsel.
Attorney-Client Privilege
evidenceA legal protection that prevents disclosure of confidential communications between an attorney and their client made for the purpose of obtaining legal advice.
Audit
taxAn examination of a taxpayer's return and financial records by the IRS to verify that income, deductions, and credits are reported accurately.
Audit Control
healthcareA HIPAA Security Rule technical safeguard requiring implementation of hardware, software, and procedural mechanisms to record and examine access to electronic protected health information.
Automatic Stay
bankruptcyAn injunction that automatically takes effect upon the filing of a bankruptcy petition, halting most collection actions, foreclosures, and lawsuits against the debtor.
Avoidance Action
bankruptcyA lawsuit brought by the bankruptcy trustee to recover payments or transfers made by the debtor before filing, including preferences and fraudulent transfers.