All Legal Terms by letter A

ABA Information :- ABA is simply the acronym for the American Bar Association, a national organization of lawyers. The American Bar Association makes significant suggestions to the national and state legislators on issues impacting the justice system and the legal profession. Membership is open to all licensed lawyers, but membership is not required.


Ab Initio :- Ab Initio is a Latin term, which literally means "at the beginning" and the legal profession uses the term modernly to signify the opening stage of a matter. Ab initio means "from the start."


Abandonment :- Abandonment is a legal term important in property law. Property becomes abandoned when the owner relinquishes his or her ownership, usually by taking some clear and unequivocal action in that direction. Abandonment can occur by omission is some situations. The specific intent to abandon the property is not always required in order for the property to be actually abandoned.
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Abatement :- Abatement means to end, or to make less; such as, when there has been an abatement of a nuisance. Abatement can occur simply by easing some portion of the harm caused by the complained of act.


Abatement Clause :- An Abatement Clause is a provision in a rental contract, or a lease agreement, that attempts to excuse or release the tenant's common law obligation to pay rent where and Act of God, or Causa Major, prevents the tenant from being able to take up actual occupancy. Under the clause, rent is said to have abated.


Abduction :- Abduction is a crime. Abduction occurs when a person is led away by unlawful force or by virtue of a wrongful act of persuasion. Abduction is essentially similar to the crime of kidnapping, but without the requirement of taking the person abducted across a state line. The defense attorney representing a person charged with the crime of abduction will have to resort to finding some justification for the leading away, or some justification for the force allegedly used.


Abnormally Dangerous Activity :- Activity, or commercial endeavors, that are defined to be abnormally dangerous are those activities that cannot be performed or done safely even though the person or entity acting is exercising reasonable or due care. The actor that is engaged in abnormally dangerous activity may be held strictly liable for any harm that results from the activity. This concept is important in negligence cases and personal injury law, especially with reference to products liability.


Abortion :- Abortion is the intentional and artificial termination of a pregnancy by any of several measures designed to accomplish the destruction of the embryo or fetus. Abortion is a very controversial subject in the United State. Under the rule of Roe v. Wade, the courts do recognize a woman's right to choose to abort a pregnancy in some circumstances. Legislatures have made several attempts to curtail abortion rights, and will likely continue to do so. The courts have been relatively aggressive in protecting abortion rights. It is likely that the debate will continue.


Abstract of Title :- In property law, particularly real property law, an abstract of title is a written summary rendition that shows the chain or history of ownership of a parcel of real property. The record history of the chain of title is by transfer record. Also of record will be claims and encumbrances on the property.


Abut :- In property law, to abut is to touch at the end or at the limit; to be contiguous; to join at the border, especially relevant in easement and property boundary disputes where intent of the original grantor is at issue.


Acceleration :- Acceleration refers to the advancing of a loan due date, such that the entire amount of the unpaid balance of the loan is thereafter accelerated and is immediately due and owing. This acceleration often is involved when a mortgage payment, or an installment payment is missed. The lender may send notice to the debtor that the loan is in default and the entire amount of the loan is accelerated and is now due. This can also refer to situations where the time for the vesting of a particular legal right is shortened or hastened.


Acceptance :- In contract law, an acceptance is an agreement, express or implied, to the terms of an offer that has been extended, such that a binding contract is formed upon the acceptance. A conditional acceptance, or an acceptance that contains a proposed modification in the offer, is considered under the law to be a counteroffer. The counteroffer then creates what is called a power of acceptance in the original offeror, who may then make an acceptance and bind the parties.

Accessory to a Crime :- A person that performs some act which joined to another act actually enables a crime to be committed is an accessory to that crime. In criminal law, an accessory after the fact is a person that assists a criminal after the crime has been committed. For example, the person that hides the criminal, or the loot, may be charged as an accessory after the fact. An accessory before the fact is one who does some act in furtherance of the crime but before it is actually committed by another.

Accomplice :- An accomplice is one who intentionally and knowingly unites with another, known as the principal, and who thereby takes affirmative steps in cooperative furtherance of or assists in the actual commission of a crime.


Accord :- An accord is an agreement or a concurrence with another or with a proposition. An accord as a legal term may be thought of as an agreement to accept or to extinguish an obligation in exchange for something of perceived and sufficient value.

Accord and Satisfaction :- An accord and satisfaction is the release of a debt or the release of an existing obligation, by substituting the original agreement with another agreement. Thereby, the obligations and debts of the first agreement are discharged by the fact the parties have agreed to the new arrangement. The accord and satisfaction of the original agreement can be asserted as a complete defense to an action filed by one of the parties based on breach of the original debt or obligation agreement.


Account :- An account is a detailed and usually complete statement of the debits and credits concerning a particular asset, business, or relationship, as of a specific time. An accounting is an action at law brought to obtain a court order forcing an accounting of the assets and liabilities of a relation, such as a partnership. In fact, an accounting should occur whenever a partnership is dissolved.


Accounting Software :- Accounting software refers generally to any of several commercially available computer software programs designed specifically to keep accounts and to perform financial bookkeeping functions consistent with the Generally Accepted Accounting Principles and the needs of various industries.


Accounting Systems :- Accounting systems are any one of several kinds or regularized methods of accounting, using computerized procedures, and master files. Any accounting system should follow the Generally Accepted Accounting Principles and be responsive to the needs of various particularized industries.


Accounts Payable :- Accounts payable is a record of an account that shows amounts that are owed to another, usually to the supplier of a good or service purchased on credit by the account owner. This account payable is the business record of what the business owes and what is currently in line for payment.


Accounts Receivable :- An account receivable is an account that shows money that is due to the account owner. The account receivable is recorded as an asset on the company's books, but is actually only an accounting of money owed for the company's goods or services rendered. It is not unusual that only a portion of accounts receivable will actually be collected.


Accrual Basis :- Accrual Basis accounting is an accounting convention whereby gross income is recognized, or realized, as of the time that it was earned, even though the income has not yet been physically received.


Accrued Expenses :- Accrued Expenses is the accounting recognition, or realization, of expenses as of the time they are incurred, even though these liabilities have not been paid.


Accumulated Depreciation :- Accumulated Depreciation is the sum total of all of the depreciation that has been taken on an asset from the original date of the asset's acquisition.


Acknowledgment :- An acknowledgment occurs when one party admits or confesses or confirms a matter that was once in dispute. Once acknowledged, the matter is admitted and no longer part of the case for determination by the trier of fact.


Acquittal :- An acquittal is a final judgment made by the trier of fact, whether the trier is a judge or jury, that the defendant is not responsible for the claim or is not guilty of the crime charged. An acquittal is a result in the complete favor of the defendant.


Act of God :- An event that can be conclusively said to have been caused by the natural elements, such that human action could not have caused the event, or have prevented the harm caused by the event, has the legal status of being an Act of God. No remedy lies for such an act. In addition, in contract law, some matters that amount to Acts of God, such as hurricanes and floods, will excuse performance. This is also called a Causa Major.


Act of Nature :- An act of nature is also known as and act of god. This is an event that can be conclusively said to have been caused by the natural elements, such that human action could not have caused the event, or have prevented the harm caused by the event, has the legal status of being an act of nature. No remedy lies for such an act. In addition, in contract law, some matters that amount to acts of nature, such as hurricanes and floods, will excuse performance. This is also called a Causa Major.


Action :- An action in the legal sense of the term is a suit brought in a court seeking relief of some kind. Thus, there are civil actions, criminal actions, actions in equity, etc.


Actual Damages :- Actual damages is the legal term that refers to the amount of compensation that should be paid in a civil case, usually money, for the real loss caused by a wrongful act complained of. This is to be distinguished from punitive damages, which are meant to punish the defendant, and nominal damages, which are token amounts.