courts and procedure

abatement ab initio

Abatement ab initio is a rule in criminal law which negates a conviction if the defendant died before they could exhaust all appeals. In People v. Mount, a California Court of Appeals described the rule as dismissing or remanding a criminal...

abnormally dangerous activity

An abnormally dangerous activity is related to tort law. The Restatement of Torts defines it as an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care...

abrogate

To abrogate is to formally annul or repeal a law through an act of legislation, constitutional authority, or custom. For example, the Supreme Court of Michigan explained in Ferency v. Secretary of State that “an existing constitutional...

absolute disparity

Absolute disparity is a calculation used to analyze a claim that a jury pool did not represent a fair cross-section of the community. For instance, a jury pool that is composed of only white jurors in a community that is predominantly Black....

absolute privilege

Absolute privilege, in defamation cases, refers to the fact that in certain circumstances, an individual is immune from liability for defamatory statements.

Absolute privilege applies to statements made in certain contexts...

abstention

The abstention doctrine is an authority that precludes federal courts from hearing cases within its jurisdictions, instead, giving state courts authority over the case. The policy behind this doctrine is rooted in federalism, and the interest...

abstract

Abstract refers to an abbreviated history of an official record. Some common usages of the term “abstract” in a legal sense include:

“Abstract of title” merely recites what the land records disclose without giving opinion or advice...

abstract of judgment

Abstract of judgement refers to a copy or summary of a court’s judgement. Some common uses of the term “abstract of judgement” include:

In the context of a civil case, abstract of judgement is a document disclosing a monetary award...

abstract of record

An abstract of record is a summary of a trial that offers the key details for the appellate court to consider, such as the facts, all proceedings in the case to date, the trial court's decision, and the legal issues to be determined. To...

abuse

Abuse is an action that intentionally causes harm or injures another person. This can refer to physical abuse, psychological abuse, mental abuse, or child abuse (see below).

Abuse is also to misuse something - e.g., abuse...

Pages