Latin for Lawyers

ASSEVERATE

ASSEVERATE [L. ad + severus / stern, rigid, strict] To swear to the truth of a statement or fact with solemnity and earnestness. ASSIZE [L. ad + sedere / to sit beside, to sit together, to assist in rendering a judgment] Originally, the word described a group of men who came together to decide a dispute; later, it was applied to the verdict of an English jury or to a session of judges. ASSUMPSIT [L. ad + sumere / to take; to take up, take control of] He undertook to perform; took on the obligation; promised. A promise by one party to another to perform or pay for something. An action at common law to recover expectation damages arising out of a breach of an express or implied contract or to recover a debt. The agreement of one party to take up or become responsible for the obliga tion of another. The grantee of premises secured by a mortgage may assume the underlying mortgage obligation, i.e., agree to be personally bound to its terms. The term assumption of risks describes a defense in an action based on negligence in which the defendant asserts that the plaintiff knew and under stood the potential or risk for injury and voluntarily exposed himself to it. ASYLUM [L. asylum / a sanctuary, a protected place, a place of refuge] An inviolate place of refuge or sanctuary. A place where a person may remain free of the risk or threat of arrest or harassment. A state or country which offers temporary residence to a foreign citizen, free of the risk of detainment. One country may grant asylum to a refugee who seeks to escape from another country, but there is no internationally recognized right of asylum . The right is generally controlled by treaties between nations. The U.S. will usually grant asylum to any applicant who satisfies the definition of “refugee”. ATTAINDER (BILL OF) [L. ad + tango, tangere / to touch] The practice of nullifying or extinguishing the legal and civil rights of a per son convicted of treason or of a felony; attainder was the practice in England until the 19th century. A bill of attainder is a statute which punishes an indi vidual or an easily ascertainable group without a trial. Bills of Attainder are prohibited under Article III, Section 3 of the Constitution. ATTEST [L. attestor, attestari / to bear witness to, to affirm, to swear] To confirm as true; to verify. To affirm or authenticate by subscribing as wit ness. To bear witness to the truth of. See NON ASSUMPSIT; QUANTUM VALEBANT ASSUMPTION [L. adsumere; assumere / to take up]

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