courts and procedure

action

An action refers to a judicial proceeding. If a party brings a civil or criminal case against you, an action has been brought against you. The party bringing the action is the plaintiff /prosecution respectively.

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actionable

A claim is actionable if there exist sufficient circumstances to meet the requirements of a cause of action. For example, a claim for the tort of battery is actionable if a person intentionally and without your consent made contact with you...

actual cause

Actual cause is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law. In both civil and criminal cases, actual cause is determined by the but-for cause test; however, some jurisdictions also...

actual controversy

Actual controversy is a constitutional requirement for courts to issue a declaratory judgment. The requirement stems from the Declaratory Judgment Act, 28 U.S.C. § 2201, which allows federal courts to issue declaratory judgments in the case...

actual damages

In tort law, actual damages, also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered. If a party’s right was technically violated but they suffered no harm or losses, a court may instead...

actual innocence

Actual innocence refers to a failure of proof defense arguing that the prosecution failed to prove all relevant elements of a charged crime beyond a reasonable doubt.

Unlike affirmative defenses, which all argue the...

actus reus

Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.

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ad litem

The Latin translation of ad litem is "for the suit."

Examples:

A guardian ad litem is a guardian (usually a lawyer) appointed by the court to manage the affairs of the ward as they relate to a proceeding or particular...

additur

Additur is a process whereby a judge increases the amount of damages awarded by a jury. This can occur if the judge finds the jury’s award to be insufficient based on the evidence presented during the trial. Additur is typically offered as an...

adequate and independent state grounds

Adequate and independent state grounds refers to the standard used by the Supreme Court to determine if it will hear a case from a state court. The Supreme Court will hear a case from a state court only if the state court judgment is...

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