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...
courts and procedure
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.
...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...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...
adequate remedy
An adequate remedy is one that affords complete relief with reference to the particular matter in controversy, and which is appropriate given the circumstances of the case. An adequate remedy has also been described as a remedy that is...
adhesion contract (contract of adhesion)
An adhesion contract exists if the parties are of such disproportionate bargaining power that the party of weaker bargaining strength could not have negotiated for variations in the terms of the adhesion contract. Adhesion contracts are...