Legal Glossary - A
Additur - This term refers to the power of the judge/trial court to increase a monetary award granted to the plaintiff by a jury. The amount may be increased in the event that the presiding judge finds the original amount awarded by the jury to be inadequate to cover damages incurred by the plaintiff. Judges may also invoke an additional reward if they find the jury was influenced by corruption or prejudice. There is no additur in the federal courts.
Amendment - An amendment represents a change in the pleadings, responses, or other papers filed in a lawsuit after the initial filing takes place. This charge or addition must be properly signed and if all rules of filing are followed, will carry the same legal power as any original documents. Amendments are filed quite frequently in lawsuits.
Answer - In a lawsuit, the defendant must compose a written response to the allegations made by the plaintiff in the complaint filed with the courts. This is known in legal terms as the "answer." Generally, the answer responds to each individual allegation in the plaintiff's complaint by virtue of either denying or admitting to the allegation. Answers may also be in the form of a general denial which, in effect, denies all the allegations in the complaint. Answers must follow a specific format as set forth by the courts and must occur within a specified amount of time.
Appeal - An appeal is a request by the losing party to a higher court for a reversal of the decision of the trial court after a final ruling has been made. The losing party, or appellant, must file the appeal within a designated amount of time. The appeal must cite specific legal reasons for the request to overturn the initial ruling. The opposing party must then file a "responsive brief" that counters these arguments. The case can then be argued before an appeals court if desired by either party.
Appeals courts at the state level are called State Supreme Courts or, in some cases, State Courts of Appeal. At the federal level, appeals may be brought to the Federal Courts of Appeal (or "circuit" courts) or, at the highest level, the U.S. Supreme Court.
Appellate - Appellate is a general term used to describe the process of appeal to a higher court after a final ruling by a lower court. The word "appellate" is often combined with the word "court" to describe the higher court that hears the appeals filed by losing parties.
Award - An award is a judgment of money given to a party in a lawsuit. The amount of the award or whether or not a party will receive an award is decided either by judge or jury. The words "damages" or "recovery" can sometimes be substituted for the word award. Monetary awards may be appealed by the defendant, resulting in a delay of the award or a reversal of decision, which will result in the revocation of the award.
Last modified: December 27, 2010.
