Personal Injury, Work Comp, & Social Security Disability Legal Terms

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action. In the legal sense, a formal complaint or a suit brought in court.

adjudicate, adjudication. The process of being decided by a judge.

administrative agency. Governmental body responsible for administering and implementing a particular legislation, such as laws governing traffic safety or workers' compensation. These agencies may have rulemaking power and judge-like authority to decide disputes.

administrative hearing. Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials.

administrator or administratrix. Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix").

adversary proceeding. Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.

allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.

amicus curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.

appeal. Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.

appellate court. A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court.

arbitration. A mini-trial, which may be held in place of a court trial and conducted by a single person or a panel of three people who are not judges. The arbitrators generally are former judges or experienced lawyers. Generally arbitrations are less expensive and occur more quickly than jury trials. Arbitration awards may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud.

assault. A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person. Although the term "assault" is frequently used to describe the use of illegal force, the correct legal term for use of illegal force is "battery ."

assumption of the risk. When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible.

attorney-client privilege. Client's privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney.