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Legal Dictionary A
Abatement :
A reduction in some amount that is owed, usually granted by the
person to whom the debt is owed. For example, a landlord might grant an
abatement in rent. In estate law, the word may refer more specifically
to a situation where property identified in a will cannot be given to
the beneficiary because it had to be sold to pay off the deceased debts.
Debts are paid before gifts made in wills are distributed and where a
specific gift has to be sold to pay off a debt, it is said to "abate"
(compare with "ademption").
Abduction :
To take someone away from a place without that person's consent or
by fraud. See also "kidnapping".
Abet :
The act of encouraging or inciting another to do a certain thing,
such as a crime. For example, many countries will equally punish a
person who aids or abets another to commit a crime.
Acceleration clause :
A clause in a contract that states that if a payment is missed, or
some other default occurs (such as the debtor becoming insolvent), then
the contract is fully due immediately. This is a typical clause in a
loan contract; miss one payment and the agreement to pay at regular
intervals is voided and the entire amount becomes due and payable
immediately.
Acceptance :
One of three requisites to a valid contract under common law (the
other two being an offer and consideration). A contract is a legally
binding agreement between two or more parties which starts with an offer
from one person but which does not become a contract until the other
party signifies an unequivocal willingness to accept the terms of that
offer. The moment of acceptance is the moment from which a contract is
said to exist, and not before. Acceptance need not always be direct and
can, in certain circumstances, be implied by conduct (see acquiescence
below).
Accord and Satisfaction :
A term of contract law by which one party, having complied with its
obligation under a contract, accepts some type of compensation from the
other party (usually money and of a lesser value) in lieu of enforcing
the contract and holding the other party to their obligation. This
discharges the contract. The definition cited by lawyers is usually that
found in British Russian Gazetteand Trade Outlook Ltd. v. Associated
Newspapers Ltd. (1933) 2 K.B. 616: "Accord and satisfaction is the
purchase of a release from an obligation arising under contract or tort
by means of any valuable consideration, not being the actual performance
of the obligation itself. The accord is the agreement by which the
obligation is discharged. The satisfaction is the consideration which
makes the agreement operative."
Accretion :
The imperceptible and gradual addition to land by the slow action of
water. Heavy rain, river or ocean action would have this effect by
either washing up sand or soil or by a permanent retreat of the high
water mark. The washing up of soil is often called avulsion although the
latter term is but a variety of accretion.
Acquiescence :
Action or inaction which binds a person legally even though it was
not intended as such. For example, action which is not intended as a
direct acceptance of a contract will nevertheless stand as such as it
implies recognition of the terms of the contract. For example, if I
display a basket of fruit in a marketplace and you come by, inspect an
apple and then bite into it, you have acquiesced to the contract of sale
of that apple. Acquiescence also refers to allowing too much time to
pass since you had knowledge of an event which may have allowed you to
have legal recourse against another, implying that you waive your rights
to that legal recourse.
Act :
A bill which has passed through the various legislative steps
required for it and which has become law, as in "an Act of the
Commonwealth of Australia." Synonymous to statute, legislation or law.
Act of God :
An event which is caused solely by the effect of nature or natural
causes and without any interference by humans whatsoever. Insurance
contracts often exclude "acts of God" from the list of insurable
occurrences as a means to waive their obligations for damage caused by
hurricanes, floods or earthquakes, all examples of "acts of God".
Ad damnum :
Latin: refers to the parts or sections of a petition that speaks to
the damages that were suffered and claimed by the plaintiff. The ad
damnum part of a petition will usually suggest an amount in dollars that
the plaintiff asks the court to award.
Addendum :
An attachment to a written document. For example, affidavits may be
addendums to a petition as a petition may be an addendum to a writ.
Ademption :
When property identified in a will cannot be given to the
beneficiary because it no longer belonged to the deceased at the time of
death. For example, the particular gift may have been destroyed, sold or
given away between the time of the will and the time of death. Compare
this with "abatement".
Adhesion contract :
A fine-print consumer form contract which is generally given to
consumers at point-of-sale, with no opportunity for negotiation as to
it's terms, and which, typically, sets out the terms and conditions of
the sale, usually to the advantage of the seller.
Ad hoc :
Latin: for this purpose; for a specific purpose. An ad hoc
committee, for example, is created with a unique and specific purpose or
task and once it has studied and reports on the matter, it stands
disbanded (compare with standing committee).
Ad infinitum :
Latin: forever; without limit; indefinitely.
Ad litem :
Latin: for the suit. A person appointed only for the purposes of
prosecuting or defending an action on behalf of another such as a child
or mentally-challenged person. Also called a guardian ad litem.
Administrative law Synonymous with "natural justice."
Administrative law :
is that body of law which applies for hearings before quasi-judicial
or administrative tribunals. This would include, as a minimum, the
principles of natural justice as embodied in audi alteram partem and
nemo judex in sua causa. Many quasi-judicial organizations or
administrative tribunals supplement the rules of natural justice with
their own detailed rules of procedure.
Administrative tribunal :
Hybrid adjudicating authorities which straddle the line between
government and the courts. Between routine government policy
decision-making bodies and the traditional court forums lies a hybrid,
sometimes called a "tribunal" or "administrative tribunal" and not
necessarily presided by judges. These operate as a government
policy-making body at times but also exercise a licensing, certifying,
approval or other adjudication authority which is "quasi-judicial"
because it directly affects the legal rights of a person. Administrative
tribunals are often referred to as "Commission", "Authority" or "Board."
Administrator :
A person who administers the estate of a person deceased. The
administrator is appointed by a court and is the person who would then
have power to deal with the debts and assets of a person who died
intestate. Female administrators are called "administratrix." An
administrator is a personal representative.
ADR:
Abbreviation for alternative dispute resolution.
Adultery :
Voluntary sexual intercourse between a married person and another
person who is not their married spouse. In most countries, this is a
legal ground for divorce. The person who seduces another's spouse is
known as the "adulterer." In old English law, this was also known as
criminal conversation.
Adverse possession :
The possession of land, without legal title, for a period of time
sufficient to become recognized as legal owner. The more common word for
this is "squatters." Each state has its own period of time after which a
squatter can acquire legal title. Some states prohibit title by mere
prescription or possession.
Affidavit :
A statement which before being signed, the person signing takes an
oath that the contents are, to the best of their knowledge, true. It is
also signed by a notary or some other judicial officer that can
administer oaths, to the effect that the person signing the affidavit
was under oath when doing so. These documents carry great weight in
Courts to the extent that judges frequently accept an affidavit instead
of the testimony of the witness.
Agent :
A person who has received the power to act on behalf of another,
binding that other person as if he or she were themselves making the
decisions. The person who is being represented by the agent is referred
to as the "principal."
Aggravated damages :
Special and highly exceptional damages awarded by a court where the
circumstances of the tortious conduct have been particularly humiliating
or malicious towards the plaintiff/victim.
ALTERNATIVE DISPUTE RESOLUTION: Methods for resolving problems without going to court.
AMICUS CURIAE: Latin for "friend of the court." Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.
ANNULMENT: A legal decree that states that a marriage was never valid. Has the legal effect of wiping out a marriage as though it never existed.
ANSWER: In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability.
APPEAL: A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.
ARBITRATION: A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator.
ARRAIGNMENT: The initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea is entered.
ARTICLES OF INCORPORATION: A document that must be filed with a state in order to incorporate. Among the things it typically must include are the name and address of the corporation, its general purpose and the number and type of shares of stock to be issued.
ASSIGNMENT: The transfer of legal rights, such as the time left on a lease, from one person to another.
ASSUMPTION OF RISK: A defense raised in personal injury lawsuits. Asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted.
ASYLUM SEEKER: A foreigner, already in the U.S. or at the border, who seeks refuge, claiming an inability or unwillingness to return to the home country because of a well-founded fear of persecution.
Alimony :
An amount given to one spouse to another while they are separated.
Historically, the word "alimony" referred to monies paid while spouses
were legally separated but stilled wedlocked. Where they were divorced,
the monies payable were then referred to as "maintenance" but this
distinction is now in disuse.
Alliance :
A military treaty between two or more states, providing for a
mutually-planned offensive, or for assistance in the case of attack on
any member.
Alienate :
To sell or give completely and without reserve; to transfer title to
somebody else. A voluntary conveyance of property, especially real
property.
Allodial :
A kind of land ownership that is unfetterred, outright and absolute.
It is the opposite of the feudal system and supposes no obligation to
another (ie. a lord).
Allonge :
A piece of paper which has been attached to a contract, a check or
any promissory note, on which to add signatures because there is not
enough room on the main document.
Alternative dispute
resolution :
Also known as "ADR"; methods by which legal conflicts and disputes
are resolved privately and other than through litigation in the public
courts, usually through one of two forms: mediation or arbitration. It
typically involves a process much less formal than the traditional court
process and includes the appointment of a third-party to preside over a
hearing between the parties. The advantages of ADR are speed and money:
it costs less and is quicker than court litigation. ADR forums are also
private. The disadvantage is that it often involves compromise.
Amalgamation :
The merging of two things together to form one such as the
amalgamation of different companies to form a single company.
Ambassador :
A citizen that has been officially asked by their country to live in
another country in order to legally represent it. For example, the USA
has sent ambassadors to live, and represent the USA, in almost all other
countries.
Ambulatory :
Something which is not cast in stone; which can be changed or
revoked, such as a will.
Amend :
To change, to revise, usually to the wording of a written document
such as legislation.
Amicus curiae :
Latin: friend of the court. Refers more specifically to persons
asking for permission to intervene in a case in which they are neither
plaintiff or defendant, usually to present their point of view (or that
of their organization) in a case which has the potential of setting a
legal precedent in their area of activity. This is common, for example,
in civil rights cases and, in some instances, can only be done with the
permission of the parties or the court.
Animus contrahendi :
Latin: an intention to contract.
Annulment :
To make void; to cancel an event or judicial proceeding both
retroactively and for the future. Where, for example, a marriage is
annulled, it is struck from all records and stands as having never
transpired in law. This differs from a divorce which merely cancels a
valid marriage only from the date of the divorce. A marriage annulled
stands, in law, as if never performed.
Antedate :
To date back; retroactively. To date a document to a time before it
was written.
Antenuptial :
An event or document which pre-dates a marriage. For example, an
"antenuptial agreement" is one which is signed before marriage. A
antenuptial gift is a gift given by one spouse to the other before
marriage.
Anti-trust :
(USA)"Anti-trust" legislation is designed to prevent businesses from
price-setting or other secret collaboration which circumvents the
natural forces of a free market economy and gives those engaging in the
anti-trust conduct, a covert competitive edge. Also known as
"anti-combines" or "competition" legislation.
Appeal :
To ask a more senior court or person to review a decision of a
subordinate court or person. In some countries such as Canada, the USA
and Australia, appeals can continue all the way up to the Supreme Court,
where the decision is final in that it can no longer be appealed. That
is why it is called "supreme" (although, in Australia the supreme court
is called the High Court).
Appearance :
The act of showing up in court as either plaintiff, defendant,
accused or any other party to a civil or criminal suit. It implies that
you accept the power of the court to try the matter (i.e.
"jurisdiction"). Appearances are most often made by lawyers on their
clients behalf and any appearance by a lawyer binds the client. You can
make a limited appearance called a "special appearance" in which your
presence is not to imply acceptance of the court's jurisdiction but,
rather, to challenge the jurisdiction of the court. An example of the
usefulness of a "special appearance" would be where you want to raise
the fact that you were never properly served with the court papers.
Apportionment :
The division and distribution of something into proportionate parts;
to each according to their share. For example, if a court ordered
apportionment of a contract, the party would be required to perform only
to a extent equal to the performance of the other side.
Appurtenance :
Something that, although detached, stands as part of another thing.
An attachment or appendage to something else. Used often in a real
estate context where an "appurtenance" may be, for example, a
right-of-way over water, which, although physically detached, is part of
the legal rights of the owner of another property.
Arbitration :
A alternative dispute resolution method by which an independent,
neutral third person ("arbitrator") is appointed to hear and consider
the merits of the dispute and renders a final and binding decision
called an award. The process is similar to the litigation process as it
involves adjudication, except that the parties choose their arbitrator
and the manner in which the arbitration will proceed. The decision of
the arbitrator is known as an "award." Compare with mediation.
Arraignment :
In USA criminal law, the formal appearance of an accused person to
hear, and to receive a copy of, the charge against him or her, in the
presence of a judge, and to then enter a plea of guilty or not guilty.
The arraignment is the final preparatory step before the criminal trial.
Arrears :
A debt that is not paid on the due date adds up and accumulates as
"arrears". For example, if you do not pay your rent, the debt still
exists and is referred to as "arrears". The same word is used to
describe child or spousal maintenance or support which is not paid by
the due date.
Arson :
Some countries define "arson" as the intentional setting of a fire
to a building in which people live; others include as "arson" the
intentionally setting of a fire to any building. In either case, this is
a very serious crime and is punishable by a long jail sentence.
Assault :
The touching of another person with an intent to harm, without that
person's consent.
Assets :
an item of value owned , the property of a deceased person subject
by law to the payment of his or her debts and legacies, the entire
property of a person, association, corporation, or estate applicable or
subject to the payment of debt.
Assign :
To give, to transfer responsibility, to another. The assignee
(sometimes also called "assigns") is the person who receives the right
or property being given and the assignor is the person giving.
Attorn or Attornment :
To consent, implicitly or explicitly, to a transfer of a right.
Often used to describe a situation where a tenant, by staying on
location after the sale of the leased property, accepts to be a tenant
of the new landlord; or where a person consents to ("attorns to") the
jurisdiction of a court which would not have otherwise had any authority
over that person.
Attorney :
An alternate word for lawyers or "barrister and solicitor", used
mostly in the USA. A person that has been trained in the law and that
has been certified to give legal advice or to represent others in
litigation.
Audi alteram partem :
Latin: a principle of natural justice which prohibits a judicial
decision which impacts upon individual rights without giving all parties
in the dispute a right to be heard. Habeas corpus was an early
expression of the audi alteram partem principle. In more recent years,
it has been extended to include the right to receive notice of a hearing
and to be given an opportunity to be represented or heard.
Autrefois acquit :
French word now part of English criminal law terminology. Refers to
an accused who cannot be tried for a crime because the record shows he
has already been subjected to trial for the same conduct and was
acquitted. If the accused maintains that the previous trial resulted in
conviction, he or she pleads "autrefois convict." "Autrefois attaint" is
another similar term; "attainted" for a felony, a person cannot be tried
again for the same offence.
A vinculo matrimonii :
Latin: of marriage. The term is now used to refer to a final and
permanent divorce. Avulsion Land accretion that occurs by the erosion or
addition of one's land by the sudden and unexpected change in a river
stream such as a flash flood.
Avunculus :
Latin: a mother's brother. "Avuncular" refers to an uncle.
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