An action refers to a judicial proceeding. If a party brings a civil or criminal case against you, an action has been brought against you. The party bringing the action is the plaintiff /prosecution respectively.
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An action refers to a judicial proceeding. If a party brings a civil or criminal case against you, an action has been brought against you. The party bringing the action is the plaintiff /prosecution respectively.
[Last updated in...
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...
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...
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 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...
Actual notice is a notice that is given directly to a party or is personally received by a party informing them of a case that could affect their interests. In case of an actual notice, the notice is served in person as opposed to...
This phrases mean “for this purpose only.” Its literal translation from the Latin is “to this.”
Common examples are an ad hoc committee or an ad hoc commission created for a specific or one-time purpose to address issues that fall outside...
Additur is a process whereby a judge increases the amount of damages awarded by a jury. This can occur if the judge finds the jury’s award to be insufficient based on the evidence presented during the trial. Additur is typically offered as an...
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...
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...