AF glossary terms

Browse full definitions for every AF term in the Amicus glossary.

Affect

/əˈfekt/

Definitions

  1. (v.) To produce a change or influence the condition of something in a legal context.
    The new legislation will affect contract enforcement across the state.
  2. (n.) An observable expression of emotion, relevant in forensic or testimonial analysis.
    The witness's affect suggested nervousness during testimony.

Forms

  • affects
  • affected
  • affecting

Commentary

In legal drafting, distinguish carefully between "affect" (to influence) and "effect" (the result).


Affected Party

/ˈæfɛktɪd ˈpɑrti/

Definitions

  1. (n.) A person or entity whose legal rights, interests, or obligations are directly impacted by a legal proceeding, contract, or event.
    The affected party must be notified of the changes to the contract.
  2. (n.) In dispute resolution, a party who suffers harm or potential harm as a result of another’s action or decision.
    The court considered the claims of the affected party before issuing a ruling.

Commentary

This term is used broadly in various legal contexts to identify individuals or entities with a direct stake in the outcome. Precise identification aids in proper notification and participation rights.


Affection

/əˈfɛkʃən/

Definitions

  1. (n.) A feeling of fondness, attachment, or love that may influence legal relationships such as custody, emotional distress claims, or contract contexts.
    The court considered the affection between the guardian and the child in awarding custody.

Commentary

In legal contexts, affection often informs relational assessments but lacks a precise statutory definition; it is usually evidenced by conduct or circumstances surrounding parties.


Affective State

/ˈæfɛktɪv steɪt/

Definitions

  1. (n.) A temporary emotional condition influencing a person's decisions or behavior, relevant in assessing intent or culpability in legal contexts.
    The defendant's affective state was considered when determining criminal responsibility.

Forms

  • affective states

Commentary

In legal drafting, clearly linking affective state to mens rea or mental condition clarifies its relevance in intent and culpability assessments.


Affiant

/ˈæfiənt/

Definitions

  1. (n.) A person who makes and signs an affidavit, swearing to the truth of its contents.
    The affiant signed the affidavit before a notary public.

Forms

  • affiants

Commentary

The term specifically designates the declarant of an affidavit; precision in identifying the affiant is crucial to ensure the affidavit’s evidentiary reliability.


Affidavit

/ˌæfɪˈdeɪvɪt/

Definitions

  1. (n.) A written statement confirmed by oath or affirmation, used as evidence in court.
    The witness submitted an affidavit to support her testimony.

Forms

  • affidavits

Commentary

An affidavit is distinct from oral testimony in that it is a written and sworn document, often used for evidence when a witness cannot appear in person.


Affidavit of Absence

/ˌæfɪˈdeɪvɪt əv ˈæbsəns/

Definitions

  1. (n.) A written sworn statement attesting that a person was absent from a particular place or event, often used as evidence in legal proceedings.
    The witness submitted an affidavit of absence to confirm he was not present at the scene.

Forms

  • affidavit of absence

Commentary

Used primarily to establish non-presence in legal contexts; accuracy and explicit detail of dates and locations are essential for evidentiary reliability.


Affidavit of Presence

Definitions

  1. (n.) A sworn statement by a witness or official confirming an individual's presence at a specific time and place, often used to verify attendance or occurrence under legal scrutiny.
    The court accepted the affidavit of presence as proof that the defendant was at the scene.

Forms

  • affidavit of presence
  • affidavits of presence

Commentary

An affidavit of presence specifically serves to confirm presence rather than other facts; ensure clarity about the time and place in drafting.


Affidavit of Service

/ˌæfɪˈdeɪvɪt ʌv ˈsɜːrvɪs/

Definitions

  1. (n.) A sworn written statement confirming that legal documents have been formally delivered to a party.
    The court required an affidavit of service to prove the defendant was notified.

Forms

  • affidavit of service
  • affidavits of service

Commentary

An affidavit of service must clearly state the date, time, and manner of service, as courts rely on it to verify proper notice.


Affidavit of Support

/ˌæfɪˈdeɪvɪt əv səˈpɔrt/

Definitions

  1. (n.) A sworn written statement by a sponsor attesting to their financial ability to support an immigrant.
    The petitioner submitted an affidavit of support to demonstrate financial responsibility for the immigrant.

Forms

  • affidavits of support

Commentary

Commonly required in U.S. immigration to ensure immigrants do not become public charges; must meet specific financial criteria.


Affiliate

/əˈfɪliˌeɪt/

Definitions

  1. (n.) An entity controlled by or under common control with another, especially in business or corporate law.
    The parent company owns several affiliates worldwide.
  2. (v.) To officially attach or connect a subsidiary or organization to a larger entity.
    The nonprofit decided to affiliate with a national charity to expand its reach.

Forms

  • affiliates
  • affiliated
  • affiliating

Commentary

In legal contexts, 'affiliate' often delineates control or association without full ownership, distinguishing it from 'subsidiary'. Precise definitions may vary by jurisdiction or contract.


Affiliate Agreement

/ˈæfɪliˌeɪt əˈgriːmənt/

Definitions

  1. (n.) A contract establishing the terms and conditions under which one party becomes an affiliate of another, often to promote business collaboration or marketing.
    The company signed an affiliate agreement to boost its product distribution through partners.

Forms

  • affiliate agreement
  • affiliate agreements

Commentary

Such agreements typically clarify duties, commission structures, and termination provisions to delineate affiliate relationships clearly.


Affiliate Loan

/ˈæfɪliˌeɪt loʊn/

Definitions

  1. (n.) A loan made by a company to its affiliate, typically under specific terms governing inter-company financing.
    The parent company extended an affiliate loan to its subsidiary to fund expansion.

Forms

  • affiliate loan
  • affiliate loans

Commentary

Affiliate loans often require careful documentation to comply with transfer pricing and regulatory requirements, especially in cross-border contexts.


Affiliate Status

/ˈæfɪliˌeɪt ˈsteɪtəs/

Definitions

  1. (n.) The legal designation describing the relationship or connection of one entity to another, typically indicating control, ownership, or shared interests relevant for regulatory, tax, or contractual purposes.
    The company gained affiliate status with the multinational corporation, affecting its compliance obligations.

Forms

  • affiliate status

Commentary

Affiliate status often determines the application of specific regulatory or tax rules and is important in contract drafting to define rights and obligations among connected entities.


Affiliated Person

/əˈfɪlieɪtɪd ˈpɜːrsən/

Definitions

  1. (n.) An individual or entity connected to a corporation or organization through control, ownership, or other close association, often subject to related legal responsibilities or liabilities.
    The affiliated person was required to disclose all financial interests related to the corporation.

Forms

  • affiliated person
  • affiliated persons

Commentary

The term 'affiliated person' is commonly defined in statutes and regulations to specify entities or individuals whose actions or relationships may implicate compliance issues, especially in securities, corporate, and tax law contexts.


Affiliation

/əˌfɪliˈeɪʃən/

Definitions

  1. (n.) The state of being officially connected or associated with an organization, especially for legal or regulatory purposes.
    The corporation disclosed its affiliation with the foreign parent company in the compliance report.
  2. (n.) A relationship between parties that may affect liability, responsibility, or regulatory oversight, such as between a parent company and its subsidiaries.
    The court examined the affiliation between the two companies to determine liability.

Forms

  • affiliations

Commentary

Affiliation often implies a formal connection affecting legal rights or duties; clarity in defining the nature of affiliation in contracts or statutes is essential to avoid ambiguity.


Affiliation Agreement

/əˌfɪliˈeɪʃən əˈɡriːmənt/

Definitions

  1. (n.) A formal written contract establishing a relationship and terms of cooperation between two entities, often between educational institutions or healthcare providers.
    The university signed an affiliation agreement with the local hospital to facilitate student internships.

Forms

  • affiliation agreement
  • affiliation agreements

Commentary

Often used in contexts where one party permits the other to perform certain functions or share resources under defined conditions; clarity in scope and termination clauses is critical.


Affinity

/əˈfɪnɪti/

Definitions

  1. (n.) A legal relationship by marriage or kinship, particularly through marriage rather than blood.
    The court recognized the defendant's affinity to the deceased as a basis for inheritance rights.
  2. (n.) A similarity or connection between laws or legal principles that allows for cross-application or analogy.
    The judge found an affinity between the statutes of two jurisdictions to resolve the case.

Commentary

In legal contexts, affinity primarily denotes relationships established through marriage, distinguishing it from consanguinity which refers to blood relations. Drafting should clarify this to avoid conflating the two.


Affirm

/əˈfɜrm/

Definitions

  1. (v.) To ratify or confirm a court decision on appeal.
    The appellate court affirmed the lower court's ruling.
  2. (v.) To declare solemnly or assert positively, especially under oath.
    The witness affirmed the truthfulness of her testimony.

Forms

  • affirms
  • affirmed
  • affirming

Commentary

In appellate contexts, affirming a decision means it is upheld; this is distinct from affirming statements under oath, which involve declaration rather than judicial review.


Affirmation

/æfɚˈmeɪʃən/

Definitions

  1. (n.) A solemn declaration made under oath but without the religious oath, used as a legally binding substitute.
    The witness chose to make an affirmation rather than swear an oath in court.
  2. (n.) The act of confirming or ratifying a judgement or decision on appeal.
    The appellate court's affirmation of the lower court’s ruling ended the case.

Forms

  • affirmations

Commentary

In legal use, an affirmation serves as an alternative to an oath for those who object to swearing religiously; also used to denote approval of a decision on appeal.


Affirmative

/əˈfɜːrmətɪv/

Definitions

  1. (adj.) Expressing agreement or consent, often supporting a statement or claim in legal contexts.
    The defendant gave an affirmative answer to the allegations.
  2. (adj.) Relating to or denoting policies or actions that favor groups historically subjected to discrimination.
    The company adopted affirmative action policies to promote workplace diversity.

Commentary

In legal drafting, 'affirmative' is commonly used to indicate a positive assertion or support, especially in pleadings, and to describe policies aimed at correcting discrimination.


Affirmative Action

/ˌæfəˈrmatɪv ˈækʃən/

Definitions

  1. (n.) A policy or practice favoring individuals belonging to groups known to have been discriminated against, aiming to promote equal opportunity in employment and education.
    The university's affirmative action policy increased the enrollment of underrepresented minorities.

Forms

  • affirmative actions

Commentary

Affirmative action programs must balance promoting diversity with avoiding unlawful discrimination; legal scrutiny varies by jurisdiction and context.


Affirmative Covenant

/ˌæfɚˈmɪtɪv ˈkʌvənənt/

Definitions

  1. (n.) A contractual provision imposing a duty to perform a specified act or maintain a standard of conduct.
    The lease included an affirmative covenant requiring the tenant to maintain the garden.

Forms

  • affirmative covenant

Commentary

Affirmative covenants compel action or maintenance rather than prohibiting conduct, distinguishing them from negative or restrictive covenants.


Affirmative Defense

/əˈfɜːrmətɪv dɪˈfɛns/

Definitions

  1. (n.) A defense in a legal claim in which the defendant introduces evidence that, if found credible, negates liability even if the allegations are true.
    The defendant raised an affirmative defense of self-defense in the assault case.

Forms

  • affirmative defense
  • affirmative defenses

Commentary

An affirmative defense requires the defendant to affirmatively prove the defense, distinguishing it from mere denials.


Affirmative Duty

/əˈfɜːrmətɪv ˈduːti/

Definitions

  1. (n.) A legal obligation requiring a party to take specific positive actions to prevent harm or ensure compliance with a legal standard.
    The fiduciary owes an affirmative duty to act in the best interest of the beneficiary.
  2. (n.) An obligation imposed by law to disclose material facts or information, beyond mere non-disclosure, to prevent fraud or unfairness.
    The seller has an affirmative duty to disclose latent defects in the property.

Forms

  • affirmative duty
  • affirmative duties

Commentary

Affirmative duties contrast with duties of non-interference; drafters should clearly distinguish between obligations to act and mere prohibitions.


Affix

/ˈæfɪks/

Definitions

  1. (n.) A mark, stamp, or signature placed on a document to authenticate or validate it.
    The notary's affix on the contract confirmed its legitimacy.
  2. (v.) To attach or append a mark, signature, or seal to a legal document.
    The parties affixed their signatures to the agreement.

Forms

  • affixes
  • affixed
  • affixing

Commentary

In legal contexts, 'affix' often pertains to formally placing seals or signatures on documents, signifying authentication or approval.


Affix Seal

/ˈæfɪks siːl/

Definitions

  1. (n.) A stamp, sticker, or embossed emblem physically attached to a document to authenticate it or to indicate approval, certification, or security.
    The notary affixed her seal to the contract to validate the witness signatures.

Forms

  • affix seals
  • affixed seal
  • affixing seal

Commentary

In legal drafting, specifying the method and purpose of affixing the seal can clarify its evidentiary effect.


Affordability Assessment

/əˌfɔːrdəˈbɪləti əˈsɛsmənt/

Definitions

  1. (n.) A systematic evaluation of an individual's or entity's ability to meet financial obligations under legal agreements or regulatory frameworks.
    The court conducted an affordability assessment before approving the repayment plan.
  2. (n.) An analytical process used by lenders or regulators to determine whether proposed payments or fees are reasonably sustainable for the obligated party.
    The affordability assessment ensured that loan repayments would not cause undue financial hardship.

Forms

  • affordability assessment
  • affordability assessments

Commentary

Affordability assessments are critical in contexts such as loan approvals, bankruptcy proceedings, and regulatory compliance to ensure fairness and prevent financial overextension.


Affordable Access

/əˈfɔːrdəbl ˈækses/

Definitions

  1. (n.) The legally recognized ability of individuals or entities to obtain necessary goods, services, or rights at a reasonable cost, often in contexts such as healthcare, education, or information technology.
    The legislation aims to ensure affordable access to essential medications for all citizens.

Forms

  • affordable access

Commentary

Ensure clarity whether referring to cost-related availability versus legal entitlement to access in drafting.


Affordable Care Act

/əˈfɔːrdəbl kɛr ækt/

Definitions

  1. (n.) A U.S. federal statute enacted in 2010 aimed at expanding health insurance coverage, reducing costs, and improving healthcare quality.
    The Affordable Care Act introduced protections for people with pre-existing conditions.

Forms

  • affordable care act
  • affordable care acts

Commentary

Commonly abbreviated as ACA; important to distinguish from other health laws when referencing.


Affordable Housing

/əˈfɔːrdəbl ˈhaʊzɪŋ/

Definitions

  1. (n.) Residential accommodations reasonably priced to be accessible to low- and moderate-income households, often subject to legal regulations or incentives.
    The city implemented new policies to increase affordable housing availability for its residents.

Forms

  • affordable housing

Commentary

Legal definitions of affordable housing may vary by jurisdiction and often depend on income thresholds and price limits set by statute or regulation.


Affray

/ˈæfreɪ/

Definitions

  1. (n.) An unlawful fight or violent disturbance of the peace by two or more persons in a public place.
    The defendants were charged with affray after the altercation in the town square.

Forms

  • affrays

Commentary

Affray requires the violence to be in a public place and to disturb public order, distinguishing it from private assaults.


Affront

/əˈfrʌnt/

Definitions

  1. (n.) An intentional act or remark that causes offense or injury to one's dignity, often relevant in tort or defamation contexts.
    The plaintiff claimed the defendant’s insult was a deliberate affront to her reputation.

Forms

  • affronts

Commentary

In legal contexts, 'affront' often underpins claims related to personal dignity and may support tort actions for intentional infliction of emotional harm.


Aforementioned

/əˈfɔːrmɛnʃənd/

Definitions

  1. (adj.) Referring to something previously mentioned in a legal document or discourse.
    The aforementioned contract shall be binding upon both parties.

Forms

  • aforementioned

Commentary

Commonly used in legal drafting to avoid repetition by explicitly referencing previously stated facts, terms, or provisions.


Aforethought

/əˈfɔːrθɔːt/

Definitions

  1. (n.) Deliberate intention or premeditation, especially as a necessary element in crimes like murder.
    The defendant was convicted of murder with malice aforethought.

Commentary

In criminal law, 'aforethought' signifies the mental state of planning or intending a crime beforehand, critical in distinguishing degrees of culpability.


After

/ˈæftər/

Definitions

  1. (prep.) Indicating a subsequent time or event following another.
    The contract takes effect after the signing date.
  2. (adv.) At a later time; subsequently.
    The court ruled after the hearing had ended.
  3. (conj.) Subordinating conjunction meaning 'when' or 'since' in legal contexts.
    After the defendant pleaded guilty, sentencing was scheduled.

Commentary

In legal drafting, 'after' often specifies temporal relationships critical to conditions, performance, and deadlines; clarity in its use avoids ambiguity in contractual obligations.


After Event

/ˈæftər ɪˈvɛnt/

Definitions

  1. (adj.) Occurring or arising subsequent to a specified event within a contractual or legal context.
    The insurer only covers losses that happen after event commencement.
  2. (n.) An occurrence that follows a particular legal event, often triggering specific rights or obligations.
    The warranty becomes void if damages occur after event completion.

Commentary

Used primarily in contracts to specify timing of obligations or conditions relative to an identifiable event.

Glossary – AF Terms