February 8, 2022

LEGAL TERMS STARTING WITH LETTER A

To Abscond – to secretly travel at the jurisdiction of the court or try hide in order to avoid legal process.

Absentee – a person who has disappeared or whose whereabouts are unknown.

Access – typically referring to family law cases, this is the right to spend time with the children on a regular basis and to receive information on the children’s health education and well-being; this is compared to the terms custody or custodial parent and visitation.

Accused – a person or company charged with a crime or a defendant in a criminal matter.

Acquittal – finding of not guilty in a criminal case.

Act – a law passed by provincial or federal legislatures. Acts are also referred to as statutes. The court can also be directed to look to these acts or laws in what are sometimes referred to as authorities.

Action – a legal proceeding in a civil case. A family court case can also be called a family action. Family Court is considered civil law.

Actus reus – Latin word for ‘guilty act’. It’s a voluntary action or omission that when intentional, results in a criminal offence. In criminal law, guilty act must be usually accompanied by guilty mind or Mens rea for there to be a conviction of guilt found.

Adjournment – Postponement a court hearing to another date. If you’re in custody this may be called being remanded.

Admissible evidence – Evidence that may be received by a trial court to aid fact-finder either the judge or jury in deciding the merits of the controversy. Each jurisdiction has rules of evidence to determine questions of admissibility because there are rules for admissibility. Admissibility signifies compliance of exclusionary rules.

Affidavit – a written statement or declaration facts that are sworn or affirmed to be true.

Affidavit of service – An affidavit certifying that document has been served on somebody.

Affirmation – A solemn declaration made by a person to tell the truth. Lying in an affirmation is perjury, a criminal offence. Being affirmed or giving you an oath is basically a promise to tell the truth. When swear an affidavit, you can swear to God or affirm that the contents of the affidavit are true.

Aggravated damages – They are often not awarded; They apply where the injury has been made worse by wrongdoer’s behaviour for example, their cruelty.

Arbitration – A process that takes place outside of court by a neutral third party selected by the disputing parties, makes a decision on the issue in dispute, much like a judge except its binding. Meaning it’s a final decision. A judge’s order on the other hand can be appealed.

Amicus curiae – Latin word for friend-of-the-court. A lawyer who assists the during the course of a hearing to represent the position or interest usually at the court’s request. For example, in a sexual assault case where’d the court may order that a self-represented party cannot cross-examine a complainant or witness personally, the court may order and appoint a lawyer to do so on behalf of the self-represented party.

Annulment – A declaration by a judge that marriage is invalid. If marriage is annulled, it is as if the marriage never occurred.

Answer – A response to an allegation or an application (applications in terms of civil court cases).

Appeal – A request made to a higher court, tribunal or authority for the review of the decision.

Appeal period – The time limit within which one can appeal.

Appellant – The party bringing an appeal.

Appearance Notice – A document that requires people to appear in court to answer charges against them in a criminal case.

Application – The commencement or the start a proceeding in a court by way of filing the appropriate court form. It’s essentially a request made up the court.

Applicant – A person who starts or makes an application.

To Apprehend – To take or to seize. In child protection cases it means to remove a child from his or her parents or a person having carried that child to take them to a place of safety. Only child protection service workers and police officers have the authority to apprehend a child.

Arrears – Money that is owed to a party under a court order or agreement but has not been paid. It’s commonly referred to in family court cases when speaking of child support.

Arrest – Taking or keeping a person in custody by legal authority which usually is in response to a criminal charge. The arrest must then be justified to the court why your rest is lawful.

Assessment – The determination of the rate or the amount of something. For example, damages or a fine to be imposed by a judge. In family law cases, an assessment is an analysis by qualified professional typically a doctor who investigates, assesses and reports on the needs of children and the ability of the parties to provide those needs. In criminal law cases, a determination by a qualified person to determine the mental condition of an accused person. In civil law, it is a determination of the capacity of a person to manage property, to make personal care decisions, or to properly retain and instruct counsel.

Attorney – Referred to as counsel, is a term for lawyer which is commonly used in United States. It is also a person who has been appointed under a power of attorney by a capable grantor to act on their behalf.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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