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A declaration, oath or promise made by a person.
- Browse Related Terms: Affidavit, Affirmation, Agent, balance sheet, Court, Deposition, jurisprudence, petition preparer, Subpoena, Writ
All > Law > Common Legal Terms
A solemn and formal declaration that an affidavit is true. This may be substituted for an oath in certain cases.
- Browse Related Terms: A fortiori, affidavit, Affirmation, certification, Non assumpsit, Notary Public, Oath, On a person's own recognizance, Personal recognizance, Promisee, Promisor, Warranty
The defendant denies or admits what the plaintiff says in the complaint and says that there is a justifiable reason. This happens most frequently when the defendant admits that the rent has not been paid, but raises the affirmative defense of "habitability." The Court will schedule a hearing on the affirmative defense.
- Browse Related Terms: Affirmative Defense, Amend, Amended Complaint, Amended Pleading, answer, complaint, Defective Service, Denial, Late Return, Motion to Dismiss, Pleadings, Service, Substitute Service, Summons
All > Law > Common Legal Terms
A defense raised in a responsive pleading, for example, an answer, concerning a matter raised in a pleading; affirmative defenses include contributory negligence or estoppel in civil actions and in criminal cases insanity, duress or self-defense.
All > Law > Common Legal Terms
Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
In the practice of appellate courts, the word means that the decision of the trial court is found to be correct on appeal.
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
- Browse Related Terms: affirmed, Appeal, Appeal Bond, appellate, Appellate court, Certiorari, Harmless error, Overrule, Petitioner, remand, Reverse, Reversible error, United States Court of Military Appeals, uphold, writ of certiorari
All > Law > Common Legal Terms
Things to be done.
- Browse Related Terms: A datu, A maximis ad minima, Ab initio, Ad finem, Ad libitum (Abbr. ad lib), Ad rem, Ad valorem, Admortization, Adversus, Agenda, Alibi, Alii, Alter ego, Anno Domini (Abbr. A.D.), Ante, Causa proxima, Cestui, Contra pacem, Coup de grace, Cum, De novo, Eo ipso, Esse, ET, Et alii (Abbr. et al.), Et sequentia (Abbr. et seq.), ex officio, Ex post facto, Gravis, Hoc, Id est (Abbr. i.e.), Idem (Abbr. Id.), In actu, In esse, In extenso, In hoc, In initio, In limine, In medias res, In rem, In toto, Indigent, Infra, Inter alia, Ipse, Ipso facto, Merger, Non, Opere citato (Abbr. op. cit.), Per viam, Post, Post hoc, Pro confesso, Pro nunc, Quantum meruit, Quid pro quo, Res judicata, Sans recours, Secundum, Sequitur (Abbr. seq.), SINE, Sui generis, Supra, Totum, Ubi supra, Ultra, Vel, Vel non, Versus (Abbr. v. or vs.), Waiver, Water rights
All > Law > Bankruptcy
A person who is authorized to represent another person, corporation or entity.
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All > Law > Intellectual Property
(may be referred to as a practitioner or representative) - one who is not an attorney but is authorized to act for or in place of the applicant(s) before the Office, that is, an individual who is registered to practice before the Office.
-- See 37 CFR § 10.6 and the searchable online Patent Attorney Agent Roster
- Browse Related Terms: agent (patent), attorney, customer number, disclosure document, domestic representative, lawyer, non-lawyer, POA, practitioner, registration number, representative
All > Law > Intellectual Property > Patent
A ground for rejection of a patent claim that is based on a lack of cooperation among the elements of an invention. MPEP 2173.05(k).
- Browse Related Terms: aggregation, equivalents - means-plus-function claims, Indefinite Claim, Inherency, inventive entity, Means for Claim, Negative Limitation, Prolix Claim
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All > Law > Common Legal Terms
Mutual consent.
- Browse Related Terms: Agreement, Antitrust acts, Clean air acts, Contra formam statuti, Malfeasance, Ordinance, Sherman Act, Sovereign Immunity, toll, Truth in lending, Usury
An agreement is a written or verbal resolution of disputed issues.
- Browse Related Terms: Acceptance of service, Affidavit, Agreement, Alternative Dispute Resolution (ADR) (ADR), answer, Certificate of service, Decree, Default, Deposition, Discovery, Interrogatories, Service, Stipulation
All > Law > Common Legal Terms
To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.
- Browse Related Terms: Accomplice, Aid and Abet, Assumption of risk, Comparative negligence, Consecutive sentences, Double jeopardy, Due process of law, entrapment, Equal Protection of the Law, Negligence, Proximate cause, Reasonable person, Tort
All > Law > E-Discovery
The Association for Information and Image Management focused on electronic imaging.
- Browse Related Terms: AIIM, De-skewing, Electronic Image Management (EIM), End Document Number or End Doc#, EPS (Encapsulated PostScript), Internet Publishing, LFP, lossless compression, OCR Text, Processing Data, Raster Image, Region (of an image), Skewed, Thumbnail, Vector, Vlog (Videoblog), Zone OCR
All > Law > Intellectual Property
American Inventors Protection Act of 1999
-- see MORE
- Browse Related Terms: AIPA, DID, Fastener Quality Act, patentable, PBG, PBG Final Rule, USPTO
Measuring the quantity of alcohol in the blood is one of the three methods available to assess alcohol impairment. This is usually accomplished by an instrumental chemical analysis of the blood to measure the blood alcohol concentration. A practical method for monitoring alcohol impairment in driving is breath analysis via breath testing devices. These breath analyzers measure the amount of alcohol in breath and translate it to blood alcohol levels.
- Browse Related Terms: alcohol / DUI, arson / explosives, Attorney, crime scene investigation (CSI) / reconstruction, DNA / Serology, drug identification / toxicology, firearms / toolmarks identification, latent prints, Trace Evidence
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A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. Essentially, the defendant is admitting that the evidence is sufficient to show guilt. Such a plea is often made for purposes of negotiating a deal with the prosecutor for lesser charges or a sentence.
- Browse Related Terms: Ad hoc, Alford plea, Circa, Committitur, Court-appointed attorney, defense table, federal public defender, indictment, information, interview, plea deal (or plea bargain or agreement), prosecute, public defenders, United States Attorney
All > Law > Forensic Science
the postmortem cooling of the body.
- Browse Related Terms: Absolute Certainty, Algor mortis, Ante mortem, Arson, Cause of death, Coroner, Equivocal death, Exsanguination, Forensic Pathology, Hypostasis, Hypothermia, Manner of death, Medical Examiner, postmortem, Rigor mortis, Theory, Trauma
All > Law > E-Discovery
A detailed formula or set of steps for solving a particular problem. To be an algorithm, a set of rules must be unambiguous and have a clear stopping point.
- Browse Related Terms: 30(b)(6), Abuse of Privilege, Admissible, Algorithm, Daubert (challenge), Discovery, Fed. R. Civ P, FIPS, FRCP, FRCP or Federal Rules of Civil Procedure, import, Investigation, Rule 16
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All > Law > Common Legal Terms
Called by another name.
- Browse Related Terms: Alias, Challenge for cause, Consent, Hung jury, Judgment as a matter of law, jury, Jury Administrator, jury pool, Mistrial, panel, Peremptory challenge, Polling the jury, Res ipsa loquitur, voir dire, witness
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An alias summons is an additional summons when the original is not served on the defendant.
- Browse Related Terms: Alias summons, complaint, counterclaim, Debt, defendant, jurisdiction, Net, plaintiff, Settlement conference