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you are here: > Glossary
> A
| ACCIDENT | ||
| From 16th Century Latin accidens meaning literally "to submit to, yield to action, doing". From the abbreviation of two ancient pre-Vatican Latin words actus="doing, action, esp. on stage" and cedo= "give ground to, submit to, be inferior to. yield" . The claim that the word "accident" is derived from the Latin cado (to sink, fall, drop) is deliberately misleading and incorrect. Strictly speaking when an individual admits to being involved in an accident, regardless of pleading no fault, they are in fact "yielding/giving ground" and admitting to guilt--the true intention of the word. | ||
| ACKNOWLEDGMENT | ||
| 16th Century English word meaning literally "the action of admitting fault, guilty mind, confession". From Latin actus="doing, action, esp. on stage", Old English knowlechen = "admit" and Latin mentis = "mind, thought, intention". The modern meaning of acknowledgment as forged in LAW DICTIONARIES is deliberately false and misleading, stating "A declaration or avowal of one's own act, to give it legal validity; as, the acknowledgment of a deed before a proper officer. Also, the certificate of the officer attesting such declaration". An individual should never CONSENT to "acknowledgment" in a matter of controversy before a COURT unless they freely admit a confession, guilt and/or fault". | ||
| ACTUS REUS | ||
| 16th Century Latin phrase meaning literally "(the) actions of the accused (defendant)". From Latin actus="doing, action, esp. on stage" and reus="defendant, accused, answerable". It originates from a Latin phrase created by Edward Coke (b.1552-d.1634) actus non facit reum nisi mens sit rea commonly and incorrectly translated as meaning "an act does not make a person guilty unless (their) mind is also guilty"--reus never originally meaning guilt in Latin. Nonetheless, the maxim actus reus is most frequently misquoted as "Guilty act" in conjunction with the equally misquoted Latin phrase MENS REA. In strict legal terms, actus reus is defined as "The offence of which the defendant is accused"--therefore a logically necessary element of criminal law (the offence) and in classical JURISPRUDENCE requiring CONCURRENCE with mens rea . | ||
| ADMIRAL | ||
| From 13th Century Arabic title amir-ar-rahl "chief of the transport". 15th Century English admiralty "MARITIME Naval branch of the English executive". | ||
| AD DAMNUM | ||
| 18th Century Latin legal phrase abbreviated from AD QUOD DAMNUM meaning "according to the harm" or "appropriate to the harm". In TORT LAW, the phrase applies to the concept that any REMEDY ought to correspond specifically and only to the damage suffered. Ad damnum is also used in PLEADING by the PLAINTIFF of their alleged monetary los or damages claimed. | ||
| ADVERSARY | ||
| An opponent. The defendant is the plaintiff's adversary. | ||
| AFFIDAVIT | ||
| From 16th Century Latin affidavit meaning "to bring forward, present a promise/assurance concerning a fault or crime". A word created from the abbreviation of three ancient Latin words offero = "to bring forward, place before, present, offer, expose", fides = "promise, assurance, word of honor, engagement" and vitium = "fault, vice, crime". Unlike the earlier term AFFIRMATION, affadavit contains the notion of "fault, vice and crime" which in some JURISDICTIONS means when an individual accepts being treated as a PERSON, they also unwittingly admit GUILT. Today, the generally accepted legal definition is "a sworn or affirmed STATEMENT made in writing and signed; if sworn, it is NOTARIZED". | ||
| AFFIDAVIT OF SERVICE | ||
| An AFFIDAVIT intended to certify the service of a WRIT, NOTICE, or other document. | ||
| AFFIRMATION | ||
| From 14th Century Latin affirmare "to bring forward, present a reliable and strong promise/assurance". A word created from the abbreviation of two ancient Latin words offero = "to bring forward, place before, present, offer, expose" and firmus = "firm, strong, reliable, solid". Unlike the more common legal instrument of AFFADAVIT under ROMAN LAW, an Affirmation does not contain any implied notion of "fault, vice or crime" in its original and true meaning, nor does it require an OATH. Instead, an Affirmation requires an individual to demonstrate a superior STATUS to justify the alleged "strength" implied by the instrument. | ||
| AGREE | ||
| From 14th Century French agreer, English agree from older Latin a="to" and gratum/gratus= "pleasing (to God), God's favour" meaning literally "to please God/yield to God's favor". | ||
| AGREEMENT | ||
| From 14th Century French/English agree and pre-3rd Century Latin mentis = "mind" meaning literally "to yield to the favour of God in mind" with the church (Roman Cult) being the interpreter of what "God" has in mind. Its earliest legal definition is "a legally binding contract enforceable in a court of law". | ||
| AMICUS CURIAE | ||
| Latin for "A friend of the court" - A party who is not supposed to represent any individual party in the case asked by the Court to make representations from an independent viewpoint. | ||
| APPEAR | ||
| From 13th Century Latin apparere "to appear," from ad- "to" + perere "to come forth, be visible." | ||
| APPLICATION | ||
| To beg, plead petition, implore, entreat or request | ||
| ANNUL | ||
| to make void, as to dissolve the bonds of marriage | ||
| ATTACHMENT | ||
| The taking of property into legal custody by an enforcement officer (see specialty section: Recovery of Chattel). | ||
| ATTEND | ||
| The act of attendance in which an individual--knowingly or unknowingly-- accepts the role of attendant, implying they are one who owes a duty or service to another, or in some sort depends upon him. | ||
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