GLOSSARY OF LEGAL TERMS.

The following are definitions of some words commonly encountered during the course of various proceedings.
abate abduction abet abrogate abscond absente reo absolute access order accessory accretion accused To reduce something. For example, to abate a nuisance (e.g. noise) is to remove or reduce the nuisance without violence or unnecessary damage. This is alternative to bringing a court action. The wrongful taking away of a person. To aid in the commission of an offence. A person may be found guilty of aiding and abetting although the principal is acquitted. To repeal, cancel or annual. To go away secretly, to evade the jurisdiction of the court. Absconding by a person released on bail is an offence. The defendant being absent. Complete and unconditional. An order made in a Magistrates court (Local Court) or the Family Court which enables a parent without custody (q.v.) of a child of the marriage to see the child at specified or mutually agreed times. A person, not present at the commission of the offence, who helps a law-breaker. Growth in size by addition or accumulation, often applied to the gradual accumulation of land from out of the sea. This is a term used to describe a person who is alleged to have committed a criminal offence which can only be finally heard and determined by a Judge, either sitting alone, or with a jury; i.e. an indictable offence. The term is never used in proceedings in Local Courts to describe persons accused of having committed criminal offences. Such persons are called defendants. To find an accused not guilty after trial. Discharge from prosecution upon a verdict of not guilty, or on a successful plea of pardon. A civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court. An action in the Admiralty Court commenced by the arrest of the res, the ship. (see procedural law) To postpone; to stand over to be resumed at a later date. An adjournment may be a fixed date or sine die (a date to be fixed). A person appointed by the court to administer the terms of a will. To warn or caution. The legal system where the judge acts as an umpire to two parties advocates presenting each side of a case. (c. f. inquisitorial) One who represents another in a hearing. A written statement sworn on oath or affirmed before a person with authority to administer it. The person in whose name the document is sworn is called the deponent. Affidavits must contain only facts which the deponent can prove. Generally, affidavits are required in court proceedings in place of Statutory Declarations. A magistrates order which requires the putative father (q.v.) of a child to pay maintenance to the mother for the support of the child. A declaration sworn without taking a religious oath. A trust relationship, created at law, between three parties.

acquit acquittal action action in rem adjective law adjourn administrator admonish adversarial system advocate affidavit

affiliation order affirmation agency

agent

alienation ambulatory amortization ancillary relief annuity annul appeal appearance appellant appellate courts appropriate

arbitration arraign arrears arrest arson articles of association assault asset assign ats attest attestation clause avow award bail Bailiff

A person who acts on behalf of another, who is called the principal. The principal may authorise the agent to enter into a contract and the agent acquires rights or incurs obligations on the principals behalf. An agents act, done within the scope of his or her authority, binds the principal. The power of the owner or tenant to dispose of his interest in real or personal property. Alienation may be voluntary e.g. by conveyance or will; or involuntary ,e.g. seizure under a judgment order for debt. Revocable, temporary Provision for paying off a debt In family law, orders relating to custody, maintenance, access and the property of the parties; as opposed to the actual divorce or dissolution of marriage, which is called principal relief. A sum of money payable yearly. To declare void (q.v.) in law. For example, when a marriage is annulled, the court is saying that it never was a marriage in law. Proceedings heard before a higher court to test the validity of a lower court decision. The physical attendance of parties or their representatives at a hearing A person seeking to have a legal decision reviewed, that is, seeking to appeal. Courts which hear appeals against the decision of other courts To allocate for a special purpose. This term is used in relation to fines and other payments received by a Court. Certain fines must be appropriated to special sections of Consolidated Revenue Fund which is controlled by the Treasury. The settlement of a dispute by submitting to an independent person whose decision is binding on the parties. To call an accused to the bar of the court by name, to read to him the substance of the indictment, and ask him whether he pleads guilty or not guilty. Money owning after the time for payment has expired. To apprehend or take into custody a person suspected of having committed a crime. To malicious firing of a house or other building. A document containing regulations for the management and internal arrangement of a company. Intentional behaviour by one person which puts another in fear of harm. Anything of value owned by a person or company. To transfer property This is an abbreviation for At the suit of. Sometimes instead of describing a case as SMITH v. JONES, the cases is described as JONES ats SMITH. To give evidence of. A witnessing clause, e.g. in a will. The attestation clause states that the witnesses saw the testator sign and that they signed in the presence of the testator and each other. To admit; confess. The decision of an arbitrator, for example in industrial arbitration proceedings. Once it is made, it has the force of law and can be enforced in the same way as a court order or judgment. Security for the appearance at trial of a person released from custody. A court officer employed to do such things as serve documents and carry out court orders in N.S.W.,. this work is done by Sheriffs

bailment

bankruptcy bar battery beak bench (the) beneficiary bequeath bequest bill of exchange bill of sale blackmail bona fide bond

breach of contract brief burden of proof burglary capias capital caption caveat caveat emptor

Officers, although the term bailiff still occurs in various Acts. In PNG, it is done by Sheriff Officers. A delivery of goods from one person (the bailor) to another (the bailee) for some purpose, upon an express or implied contract that the goods will be redelivered to the bailor when that purpose has been fulfilled, e.g. delivering clothes to a dry cleaner creates a bailment. A contract may be implied from the behaviour of the parties. A procedure under which most of a debtors property is taken over and distributed amongst his or her creditors. Members of the legal profession other then judges (c.f. bench) When assault and battery were separate crimes, battery was the actual striking of another person or touching them in a hostile or offensive manner. Judge The judges of a court of law including magistrates (as opposed to lawyers, barristers, the bar). A person who is left something in a will; a person for whose benefit property is held by trustees or executors. Give personal property by will. e.g. legacy. A gift of personal property by will (q.v.). A residuary bequest is a gift of the residue of the testators personal estate. A specific bequest is a bequest of property of a certain kind, e.g. a watch. A negotiable instrument (q.v.) in which the drawer orders the drawee to pay a sum of money on a specified date to either the bearer or a third person (the payee). A transfer of ownership of goods, usually as security for a loan. Possession remain unchanged. The offence of demanding property with menaces; extortion. In good faith, honestly. In criminal cases the defendant may enter into a bond to be of good behaviour, or to do or to refrain from doing certain things, sometimes referred to as a recognizance (q.v.). In a landlord and tenant situation, the tenant pays bond money against possible damage to the landlords premises. This occurs when one of the parties to a contract fails to carry out their side of the bargain. Instructions given by a solicitor to a barrister to represent a client in court proceedings. Onus of proof (q.v.). In criminal cases, the prosecution bears the burden of proof. In civil cases, it is the plaintiff. Sometimes the burden shifts, e.g. if the defendant wants to set up a particular defence. Break and enter at night. This is a term sometimes used to refer to a warrant. The literal translation of this Latin word is Let you take or You may take. The capital of a company is the amount of principal money with which a company is formed to carry on business. Also the funds a company proposes to raise through the issue of shares. The formal heading of a legal document, stating before whom it was taken or made. A document containing a warning to owners or buyers, lodged by a person claiming a right or interest, (e.g. an unregistered interest in a piece of land). Let the buyer beware. At common law (q.v.) where a buyer of goods had no warranty for them, he or she took the risk of their quality of him or herself and had no remedy against the seller unless there was

chose in action

committal committal proceedings common law common law marriage complainant complaint

conciliation concurrent sentences

condition consanguinity consent judgment consideration conspiracy contempt of court contract contributory negligence conveyance conveyancing conviction corroboration counsel count counterclaim

fraud. A right of proceeding in a court of law to procure the payment of a sum of money (e.g. on a bill of exchange, policy of insurance), or to recover pecuniary damages for the infliction of a wrong or the non-performance of a contract. A legal chose in action is a right of action which could be enforced in a court of law. An order made by an examining magistrate who has found sufficient evidence to warrant an accused being tried by a higher court. Where a District Court hears evidence on an indictable charge (q.v.) and decides whether the accused should be sent for trial (also called a preliminary examination). The part of English and Australian law traditionally based on common customs and unwritten except in the reports of judgments applying it. Law which is not equity (q.v.), statute (q.v.) or ecclesiastical (church). A defacto marriage relationship where the partners have different legal rights to married partners. A person who begins a prosecution against another in a District Court, a plaintiff, the victim in all alleged sexual assault. Is the method used to commence civil proceedings (as opposed to criminal proceedings) or criminal proceedings where the Court has power to make an order for the payment of money, but not to impose a fine or term of imprisonment. The term is commonly uses to describe the document by which proceedings (other than Civil Claims and District Court) are commenced. The bringing together of parties in an attempt to settle a dispute. Where a person is convicted of several offences at the same time, the court may order that the sentences for each charge be served concurrently, i.e. at the one time, not added together. (q.v. cumulative sentences). An important term in a contract, the remedy for breach of which is rescission (q.v.) of the contract. The degree of blood relationship of one person to another. A judgment of the court based on the prior decision of both parties as to how the debt is to be paid. A thing of value in exchange for which a promise or agreement is made. A secret plan or agreement to carry out an illegal or harmful act, especially with political motivation, plot. The failure to obey a court order or an act which shows a disregard for the authority of the court or judge. A person in contempt may face imprisonment. A legally binding agreement; it need not be in writing to be binding. Where a person is shown to have done something to contribute to his or her own injuries. The formal transfer of property. The instrument by means of which such transfer is effected. A general term used to refer to the work of solicitors which does not relate to court actions. (E.g. acting for the buyer of property). This is a term only used in criminal proceedings and refers to the order made by the Court indicating the Courts recognition of the accuseds guilt and that some form of punishment will be imposed. Independent evidence with confirms other evidence. A barrister. Each different criminal charge. Where the defendant has a claim against the plaintiff which might have

counterfeit convenant creditor crime

criminal law cross examination culpable negligence cumulative sentences custody

damages de facto de jure debenture decree absolute decree nisi deed deemed deemed employees defamation default default summons defendant demise demurrer deponent deposition

been brought by bringing a separate action, he or she may raise it in the existing action by adding a statement of the facts on which the claim is made, to the statement of defence. To falsely make or counterfeit any coin resembling any current coin. An indictable offence. An agreement creating an obligation contained in deed (q.v.) A convenant may serve the same purpose as a bond. (q.v.). A person to whom a debt is owing. A crime is an act or omission or conduct detrimental to the public interest, which by law makes the person responsible, liable to punishment by way of fine or imprisonment after their guilt is proved beyond reasonable doubt. Deals with offences deemed to be against society (prohibited by statute law q.v.) Questioning of a witness by the person on the opposite side, or their lawyer, after the witnesss evidence has been given. Wanton, reckless and intentional negligent conduct, i.e. criminal negligence. Where a person is convicted of several offences at the same time and the terms of imprisonment for each charge are added together. Opposite of concurrent. Care and control. A parent with custody of children has the legal right to them and the duty and responsibility to control their way of life, education and general upbringing. The custody may be awarded to both parents, jointly, or to one parent and / or a third person. The amount ordered by a judge to be paid by one party to another in a civil case. In reality, e.g. de facto partner is one in reality but not in law. In or of the law. Often used in opposition to de facto, meaning as opposed to actual or common practice. A document issued by a company or public body as evidence of a debt or as security for a loan. The final order in divorce proceedings. A provisional order made by a judge which terminates the marriage. However neither party can remarry until the decree becomes absolute. A formal document, signed and witnessed. To be treated as People who are self-employed but who are deemed or treated as employees for the purposes of setting their minimum standards and conditions of employment. The publication (in written form or orally) of a false and derogatory statement without a lawful excuse. To fail in some duty, e.g. to pay a debt or fine. A summons which alleges that the debtor / defendant has failed to pay money due and owing. The person against whom a civil action is brought by another person, the plaintiff. The grant of land for a term of years, as when a landlord demises their property to a tenant for a fixed term. A pleading that the other partys case showed no good cause. A deponent is a person who makes a statement on oath, either orrally or by means of a written document (the written document is called an Affidavit). A written document recording the testimony of an accused or a witness, given during the course of either preliminary examination or

devise Direct evidence disbursements discharge discharged bankrupt disclaim Disclaimer clause discovery disposition dissolution of marriage distrain distress dividend divorce document domicile double jeopardy due process duress easement ejectment embezzlement encumbrance endorse eminent domain entrapment equity escrow estate estoppel eviction evidence ex gratia ex nuptial

committal proceedings. A gift of real estate in a will. Direct (personal) observation of a fact at issue. (c.f. circumstantial & hearsay evidence). The term used in a lawyers bill of costs to refer to amounts paid out by way of stamp duties, registration fees, etc. In other words, out-ofpocket expenses. To perform or be released from an obligation. A debt is discharged when it is paid. A person whose obligations as a bankrupt have been terminated by a court. To renounce a right of claim. A clause which renounces a legal claim. An executor may disclaim his or her position before probate (q.v.). A procedure by which documents relevant to a civil (q.v.) action are exchanged between the parties before the case comes on for hearing. The transfer of something from one to another. Divorce. To seize goods by way of distress (q.v.). Taking movable property out of the possession of a wrongdoer to compel the performance of an obligation. The payment made out of the profits, to the shareholders in a company. Dissolution of marriage. A written, printed or inscribed paper furnishing information or evidence. The place where a person has his or her legal home therefore the place which determines the legal system relevant to that person. The principle that a person may not be tried for a crime for which he or she has already been acquitted or convicted. The proper observance of legal procedures designed to protect the rights of the accused. Force or threat of force. An act done under duress is generally invalid. An entitlement to the use of land by someone other than the owner, e.g. a right of way. An action for the recovery of land. Theft by an employee of property received on his/her employers account. A change (q.v.) or liability, e.g. a mortgage. To write on the back of a document. The right of a government to take private property for public purposes. An officer of the law inducing a person to commit an offence. Fairness. A system of legal rules developed by the Lord Chancellor and Courts of Chancery in England to modify the harshness of the common law (q.v.). Also the extent of a persons interest in property. A written agreement to be held by a third party for delivery only upon fulfillment of some condition. Property of a deceased person. Prevention of an allegation (q.v.) pleading (q.v.) contrary to that which has been already established. The action of recovering land or property by legal proceedings. All legal means which tend to prove or disprove any matter of fact. A matter of favour. An act done when there is no obligation. Out of marriage.

ex parte examination examination summons

exclusion clause execution executor exhibit extradition false imprisonment fee simple felony fiduciary (relationship) file fishing expedition foreclosure fraud freehold garnishee order garnishment gazumping goods and chattels grant of probate gravamen guarantee guardian habeas corpus hearing hearsay evidence

An application in proceedings, made either by one party in the absence of another or by an interest person who is not a party. The formal interrogation of a person bound by oath or affirmation to answer truthfully. After judgment has been entered in District Court and Civil Claims proceedings, an examination summons can be issued requiring the Judgment Debtor to attend before the Registrar of Court on a specified day to be examined as to their financial circumstances and ability to pay the debt. A clause in a contract which attempts to exclude or avoid liability (q.v.). The process of carrying out a court order after judgment, usually to enforce payment of a sum owing, or the signing of a deed or will or other document. The person whose duty is to carry out the provisions of a will. Where that person is female, executrix is an alternative description. A document or thing tendered as evidence in a court hearing or referred to in an affidavit (q.v.). The delivery, by the authorities of one country (or state), of a person accused of a crime in another place, to the authorities in that country or state. Detaining someone in custody without lawful excuse. In modern property law, this indicates absolute ownership of real property free of any limitation. A more serious crime. A relationship of trust (as between a trustee and a beneficiary). To submit (documents) to a court registry. To try to find out information (usually in court) not within the relevant issues or not supported by allegations. The forced sale of a property to pay a mortgage (q.v.) debt. Obtaining a material advantage by unfair or wrongful means. Ownership of land with the right to pass it on through inheritance. A court order attracting moneys due to a debtor by a third person, e.g. an employer must deduct money from the debtors wages and pay them to the creditor. Proceedings to have a person or body who owes money to a debtor, e.g. an employer or bank, to pay that money instead to a creditor. The practice of one party withdrawing a promise to sell or buy. Strictly, movable goods, but use in a wider sense to denote any kind of personal property as opposed to real property. Court order giving the executor permission to deal with the estate. The essential characteristic. To undertake (q.v.) with respect to a contract or the performance of a legal act, that it shall be correctly carried out. The person giving the undertaking is called the guarantor. A person who has the right and duty to protect another person, their property and their rights. Not necessarily the person with custody (q.v.). To have the body. A prerogative writ (q.v.) directed to a person who holds someone in custody, commanding him or her to produce that person before a court to test the legality of imprisonment. The taking of pleadings and evidence in legal proceedings, or a session in which testimony is heard. Evidence which is not from the direct personal knowledge of the person giving it (usually inadmissable).

holding charge homicide immunity in camera incitement incorporation incorrigible incriminate indemnify indemnity indictable offence industrial award informant information

injunction inquiry inquisitorial system insolvent instrument inter alia interlocutor Interpleader summons interrogatories intestate, intestacy invalid irregularity issuable issue Joinder joint custody joint tenants

A minor charge used by the police to hold a person in custody while they gather evidence for a more serious charge. The killing of another, whether intentional or not. Exemption from a liability to which others are subject (c.f. indemnity). The whole or portion of a hearing held in private. Urging or ordering someone else to commit an offence. The creation of a corporation, which is a legal entity made up of individuals but existing in law as though it were a separate entity. Cannot be corrected or improved. To involve oneself or another in responsibility for a criminal offence. To make up a loss which someone has suffered as a result of the act or default of another. A security preventing someone from injury by the action of another party (c.f. immunity). Compensation for a wrong done or an expense or loss suffered. A serious crime for which a person will usually be tried by a judge or jury. Legally binding order made by an industrial tribunal, setting minimum standards and conditions of employment. The person who lays an information, or the person on whose behalf the Information is laid. Criminal proceedings are commenced by the laying of an Information, either orally or in writing before a Justice of the Peace. The information is an allegation that a certain person has committed a specified offence, which is punishable by fine, imprisonment or otherwise. A court order requiring a person to do or to refrain from doing a particular thing, under penalty of contempt of court. An investigation and taking of evidence by a legally constituted body to determine facts and make a recommendation thereon. The legal system whereby the judge plays an active role in investigating the facts (c.f. adversial). Unable to pay debts in full. A formal written legal document. Amongst other things. Interim, temporary or provisional. A procedure by which a magistrate decides whether goods to be seized are in fact the property of the debtor. Written questions put by one party to another (in civil (q.v.) action) on relevant points of the dispute prior to the court hearing. Dying without leaving a will. Not valid (q.v.) The departure from, or neglect of, the proper formalities in a legal proceedings. They may be waived or consented to by the other party, or rectified by the court on payment of costs occasioned. (A pleading) raising a substantial question of fact or law, a judgment or verdict on which would determine the action on its merits. The material point in question. The joining of causes of action or parties to an action. An order for custody of children (q.v.) in which custody was awarded jointly to the parents so that they shared the legal responsibility for the upbringing of the children, e.g. education. Persons who own land together in undivided shares, with right of survivorship, i.e. on the death of one owner his or her interest

judgment judgment creditor judgment debtor judgment in default judicial notice judicial review

juridical jurisdiction jurisprudence jury laches larceny law reports lease leasehold leave legatee letter of demand letter of administration liability libel liberty lien ieu, in limitation, statutes of liquidated liquidated amount litigation locus standi

automatically passes to the surviving owner(s). The interest cannot be disposed of by will or deed as with tenants in common. The decision or sentence of a judge or court. Judgment creditor is the term used to describe a plaintiff who has obtained a judgment against a defendant. After judgment the term plaintiff is no longer used. The term used to describe a defendant after judgment has been obtained against them. After judgment, the word defendant is no long used. Where the plaintiff is able to obtain judgment in the absence of an appearance or a defence. Matters of common knowledge (therefore not requiring to be proven). A uniform system for the exercise of the High Court of its supervisory jurisdiction over infer courts, tribunals and public bodies and persons. Upon application to the High Court for judicial review the remedies available are (a) orders of mandamus(q.v.), prohibition (q.v.) or certiorari (q.v.); (b) a declaration or injunction; (c) an injunction restraining a person acting in a public office when not entitled to do so. The remedy of judicial review is concerned not with the decision of which review is sought but with the decision making process. Pertaining to law or legal proceedings. The authority of a court to decide matters brought before it. Also the geographical limits within which a court order can be enforced. The study of the principles of law. A number of persons (usually twelve), summoned to decide questions of fact in court proceedings. Negligence or unreasonable delay in asserting or enforcing a right. Stealing, taking without permission (known as theft). Reports of important court cases, published in volumes annually. Agreement or contract between a landlord and a tenant. An interest in land for a fixed period. Approval, permission. A person whom property is bequeathed. Letter to debtor demanding payment from creditor or debt collection agency. The document issued by the Supreme Court authorising a person appointed as Administrator to distribute the estate of a person who dies without leaving a will. Legal responsibility, e.g. for breaking a contract, committing a crime. It may be civil (q.v.) or criminal, according to whether it is enforced by the civil or criminal court. The publication of defamatory material in permanent (e.g. printed) form. Leaving the way open for further action. The right to hold a persons property as security for the performance of an obligation (e.g. the payment of money owing). In the place of. The laws which set out the time limits in which legal action must be taken. Fixed or ascertained. A debt is liquidated when paid and a company when wound up. A fixed amount, i.e. a stipulated amount as opposed to a general claim, e.g. for damages. A court case. Place of standing, the right to be heard in a court or other

mnaughten rule malfeasance malice man of straw manslaughter material maxim memorandum of association mens rea merchantable quality metes and bounds minor minutes misadventure misdemeanor misfeasance misprison of felony mitigation moiety moot point moratorium mortgage

proceedings. States that in order to plead insanity the accused must prove that at the time of the offence they did not know the nature of their act or that they were doing wrong. The doing of an unlawful act. Evil, unlawful intention. A person not worth suing, as lacking financial substance. Unlawful homicide not amounting to murder, either because there was no intent to kill or because there was some mitigating circumstance. Substantial, significant. A proposition requiring no proof, a rule of conduct. A document essential to the registration of a company, containing details of the companys name, method of financing and extent of its members liability. A guilty mind, the evil intention or knowledge that an act is wrong. Up to a reasonable standard and quality for the purpose of the goods. The boundary lines of land with their terminal points and angles. A person under the age of eighteen years. Notes or records of the business transacted at a meeting. An accident arising out of the performance of a lawful act. A minor indictable offence. The improper performance of some unlawful act or duty. Concealing knowledge of a crime. Showing facts which tend to reduce the damages or punishment to be awarded against a defendant or prisoner. A half, or one of two parts of a division of something. A debatable point. General postponement A transfer of real property (land) or personal property (goods) as security for the repayment of money borrowed. The creditor to whom the mortgage is made is called the mortgagee; the debtor who makes it is the mortgagor. An application to a court or judge for an order directing something to be done in the applicants favour; or a proposed form of resolution to be passed by a meeting. Killing a person intentionally or with reckless disregard for human life. The minimum standards of fairness to be applied in the adjudication of a dispute. A human being, as distinct from an artificial person, e.g. a company. A failure to take reasonable care to avoid foreseeable harm to other people or their property. A signed document by means of which money may be transferred from one person to another or through several hands, e.g. a cheque, bill of exchange (q.v.). A bond, link or connection. Damages (q.v.) of a small amount ordered where a right has been affected but no damage done. If a victim of a motor vehicle accident cannot find the person at fault, he or she can sue the Nominal Defendant instead. It is not his or her deed. A defence raised where a person has completed a deed in ignorance of its character. The failure to perform a lawful duty. Where the judge withdraws a case from the jury and decides the

motion murder natural justice natural person negligence negotiable instrument nexus nominal damages nominal defendant non est factum nonfeasance nonsuit

notice of cross claim nugatory nuisance null and void nullity proceeding oath ombudsman on all fours onus of proof ordinance ordinary negligence parole evidence parole party patent pecuniary pejorative principal relief prisoner privilege privity of contract privy probate procedural law process prohibited relationship promulgate prosecutor prospectus proviso Proximate case

verdict for the defendant. A counterclaim a debtor may make against a creditor to offset a debt. Having no worth or meaning. An indirect and unlawful interference with an occupiers use or enjoyment of land by such things as water, smoke, noise. Without legal validity. Under certain circumstances an application for a decree of nullity may be made to the court for a marriage to be declared invalid. Where a statement is given orally or made in writing on oath, this means that the person making the statement has taken oath on the Bible before a Justice of Peace. A public official appointed to investigate citizens complaints against the administrative agencies of government and leaders under the leadership code. Strictly analogous or equivalent. The obligation to prove what is alleged. Also known as the burden of proof. A local or municipal regulation. Conduct falling below standards acceptable for the protection of other people against unreasonable risk and harm. Verbal evidence. The conditional release of a prisoner before the expiry of their sentence. A participant in legal proceedings. A grant by the State of the exclusive right to make, use and sell an invention. Relating to money. Tending to make worse or belittle. In a divorce action, the dissolution (q.v.) itself rather than the ancillary relief (q.v.). A person who has been found guilty of or has pleaded guilty to a criminal charge. The immunity or exemption from some liability which a person has by virtue of their office or status. A principle that restricts contractual rights and obligations to the immediate parties to contract. Party to or with a share or interest in something. The proving of a will, the acceptance by the Probate Division of the Supreme Court that the deceaseds will is valid (q.v.) and is the last will in existence. The rules and principles relating to the carrying out of the law (q.v. adjective law; c.f. substantive law). This is a term commonly used to describe legal documents, particularly District Court and Civil Claims documents. For example, summonses, writs and garnishee orders may collectively be described as process. One between brother and sister or between a person and his or her ancestor or descendant. To put into effect a law or decree. This is a term only used in criminal proceedings to describe the person who conducts the case in court on behalf of the Informant. A document describing a public offering of shares, debentures or securities, to invite subscribers. provided that; a condition that must be met. The last negligent act that contributed to an injury.

proxy perjury personal property perverting the course of justice petition plaintiff plea plenary power of attorney pre-emption Precatory words precedent preliminary preponderance prerogative writ

prevarication prima facie principal publication putative putative father quash quorum rationale re real property recidivism recitals recognizance (reck-on-assance) release remand

A lawfully constituted agent deputed to vote for or represent another person. The making of a false statement on oath in judicial proceedings, e/.g. by a witness. Movable property (c.f. chattel). Interfering with the administration of the judicial system (e.g. bribing a judge). Written statement setting forth facts and requesting relief or remedy. Person who initiates legal proceedings against another in a civil dispute (c.f. complainant). The statement of guilt or innocence of an accused person in reply to a criminal charge. Of full scope or extent; complete. A formal document by which on person empowers another to represent them or act in their place. The right to purchase ahead of others. Words in a document making a gift of property, expressing the wish or hope that it be put to a particular use. A court decision embodying a legal principle, which may be relied on as an authority for deciding cases based on similar facts. See committal proceedings (q.v.). The greater weight. A writ issued by a superior court (e.g. the Supreme Court) to prevent inferior courts and officials from exceeding their powers or to compel them to exercise their functions, e.g. habeas corpus, mandamus, certiorari. Lying; corrupt action. At first sight. Where there is evidence sufficient to support a charge or allegation, and which is conclusive proof unless it is disproved by evidence to the contrary. Capital or property, as contrasted with the income derived from it. Means to make public a defamatory statement. Publication is established by proving that the material has been communicated to someone other than the person defamed. Supposed; reputed. The person held to be the father of the complaints (q.v.) child in affiliation proceedings (q.v.). To set aside a wrongful conviction or decision. The fixed number of members who must be present to constitute a valid assembly. A statement of reason. In regard to. Real property or REALITY is fixed and immovable property. E.g. land, houses, buildings, etc. Relapsing into crime. Phrases (usually beginning with whereas leading up to the main part of a legal document. This is a written promise to the State that conditions under which a person is to be released from the custody of the Court will be complied with. If the conditions are not kept, the persons who make the promise may be liable to pay a sum of money specified in the recognizance. A document saying that money is accepted in full settlement. To adjourn a Court hearing and order that the accused person be kept in custody unless admitted to bail.

remission

remittance repeal requisitions rescind, rescission residue residuary legatee respondent restitution

revoke right Right of action rule of law

sanction seal sentence separation sequestration serve (service) severally sexual assault sine die slander spouse standard of proof statute

Of penalty: Where the State orders that a penalty imposed by a Court by waived. Of Fee: A Clerk of Court has the power in certain cases to order that a prescribed court fee be waived. The fee is then said to have been remitted. A remittance means anything received in the mail containing cash, cheques, money orders or postal orders. To cancel a previous statute with a new one. Written questions addressed to a vendor by a purchaser. Cancellation of a contract. That which remains of a deceased persons estate after payment of debts, funeral expenses and legacies. Person entitled to the residue of an estate. A party against whom an appeal is lodged or a complaint laid. 1. a writ by which a defendant, successful in an appeal, is restored to all he has lost by the execution of the judgment which is reversed; the writ by which stolen goods are formerly restored to their true owner. 2. An order for the delivery up to the victim the stolen goods, or goods bought with the proceeds of stolen goods or for compensation of the victim out of money found on the offender on his arrest, provided that it is clear that the property was stolen from the Victim or represents the proceeds of goods stolen from the victim. To cancel or withdraw a legal document, especially will. An interest recognised and protected by the law. The right to bring an action. Thus a person who is wrongfully dispossessed of has a right of action to recover it. It is used also as equivalent to chose in action (q.v.). The doctrine of English law expounded by Dicey, in Law of the Constitution, that all men are equal before the law, whether they be officials or not, so that the acts of officials in carrying out the duties of the executive government are cognisable by the ordinary courts and judged by the ordinary law, as including any special powers, privileges or exemption attributed to the State by prerogative or statute. A penalty. To make or seal an instrument (q.v.) as evidence of authenticity. The determination by the court of the penalty to be imposed on a convicted person. The two parties to a marriage living separately and apart. Legal process on behalf of a creditor giving a trustee control of a debtors property. Upon the making of a sequestration order a debtor becomes a bankrupt. Bring the contents of a document to the notice of the party affected. Separately; individually. Without naming a day. A court action is adjourned sine die when no date for hearing has been set. The publication of defamatory material in non-permanent (e.g. verbal) form. A husband or wife. The level to which something must be proved in court. In criminal matters, the standard is beyond reasonable doubt; in civil matters, it is on the balance of probabilities. A law made by Parliament (Provincial or National).

statement of claim statutory declaration

statutory duty stay stay of proceedings stipulation strict liability subpoena

sue summary summary dismissal summary proceedings summing up summons surety surrogate suspended sentence tacit taxation (of cost) tenants in common tenure testament testamentary capacity testate testator/testatrix testimony theft title title deed to wit

A written or printed statement by the plaintiff in an action in the High Court, showing the facts on which he relies to support his claim against the defendants, and the relief which he claims. This is a document signed by a person in the presence of a Justice of Peace, acknowledging that the contents of the document are true and correct. A statutory declaration differs from an affidavit in that it is not sworn on oath or affirmed. A duty, or liability, imposed by some statutes (q.v.). The suspension of proceedings in an action where to proceed would be improper. Suspension of proceedings in an action; may be either temporary (until something ordered is done) or permanent. A condition on an agreement. Liability (q.v.) incurred regardless of intention. Literally, under penalty. This is a document issued by a Justice of the Peace directing a person to attend the court on a certain date either to give evidence (subpoena ad test) or to produce specified documents (subpoena duces tecum). To take legal action. This term is used to describe criminal offences which can be completely heard and determined by a Magistrate in a District Court. Where an employer sacks a worker on the spot without notice or payment in lieu of notice. Court actions or prosecutions which may be disposed in a District Court. A judges review of the evidence and explanation of the law of a case for a jury. A document issued from the office of a court ordering a person to appear at the court. A person who binds him or herself to be answerable to another. If there is default the surety will be liable. Substitute. A sentence not put into effect as long as the defendant doesnt reoffend. Understood; implicit. Scrutiny and adjustments by a court officer of the claimed costs of litigation. One or more people entitled to occupy or owning land in common with others. Each person may leave his or her share to someone else in a will, that is, there is no right of survivorship (c.f. joint tenants). An element of the feudal system of landholding, tenure denotes the type of holding of land, as in free(hold) tenure which indicates that no service is required of the owner for the use of the land. Strictly speaking, a will of personal property, though often used to relate to wills generally. The ability to draw up a will, the ability to understand what is being done. Having died and left a will. A person who has died and left a will. Evidence given orally by a witness in court. The dishonest appropriation of anothers property. A legal right to the possession of property, especially real property. A document of title stating a right of ownership to land. Namely; that is to say

tort tortfeasor tortious transcript trespass tribunal true bill trust turpitude ultra vires unconscionable contract undertaking undue influence unenforceable unliquidated unsworn statement usurpation usury venue verdict versus

vest vexatious litigant vicarious liability vitiate void voir dire

Waive Warrant Warranty Without prejudice

A civil (q.v.) wrong, other than a breach of contract, which causes harm (intentionally or otherwise) for which the injured person may claim damages (compensation) e.g. negligence, nuisance, trespass. One who commits a tort. Wrongful. The official copy of a courts proceedings. A tort (q.v.) involving the direct and unlawful interference with the possession of land or other property, regardless of the intention of the trespassers. A body with judicial or quasi-judicial functions, constituted by statute and existing outside the usual judicial hierarchy of courts. A written accusation found to be valid. An association between two (or more) people, based on confidence, where property is held by one person on behalf of and for the benefit of another. A trustee is a person who holds property on trust for another. Wickedness; depravity. Beyond the power. An act which is in excess of the authority conferred by law, and therefore invalid. One that no person in their senses and not under delusion would make on the one hand, and that no honest and fair person would accept on the other. A promise to do or refrain from doing an act. An undertaking made in the course of legal proceedings is enforceable. The improper use of a superior position for personal benefit. That which cannot be proceeded for, or sued on, in the courts. Undetermined, unascertained,. e.g. when damages are left to a jury to determine. A statement made from the dock by the accused whilst not under oath. Unlawful seizure or occupation of somebodys rights or property. The changing of excessive interest for the loan of money. The place where a case or action is to be tried. The decision of a jury or judge. Against. Usually written as Smith v-Jones. Pronunciation varies. In criminal jurisdiction, it is said as either State v. Jones or State against Jones. In civil jurisdiction, it is said as either Smith vee Jones, or Smith and Jones. Original Latin meaning is facing. To become someones property as a legal entitlement. A person who persistently brings baseless legal actions against another. Liability for the facts of another, as in an employer being held liable for the act of an employee. To make legally defective or null. Of no legal effect. A preliminary examination of a witness by the judge in which he is required to speak the truth with respect to the questions put to him; if he appears incompetent, e.g. on the ground that he is not of sound mind, he is rejected. To give up a legal right or claim. A written authority to carry out an act (e.g. arrest). An assurance or agreement about goods which are the subject of a contract of sale, the breach of which may give rise to damages. A phrase used in correspondence when negotiating the settlement of a dispute. Any terms offered by one side are not binding on them even if accepted by the other side, and the correspondence cannot be used

Witness writ writ of execution

as evidence in a court action. A person giving sworn or affirmed oral evidence on a question of fact. A document under the seal of the State which commands the person to whom it is addressed to do or refrain from doing some act. A means of enforcing Civil Claims and District Court Judgments. If is a document issued by the Registrar directing the Sheriffs Officer to seize and sell sufficient property of the judgment debtor to satisfy the judgment debt if it remains unpaid.

GLOSSARY OF FOREIGN WORDS AND PHRASES

a certiorari L. a compte L. a fortiori L. a posteriori L. (poss-tee-i-ory) a priori L. a propos F. (ah pro-poh ab inition, in inition L. ab intra L ab invito L. absente reo L. (ab-sent-ay ray-oh) actio in rem L. ad hoc L. ad infinitum L. (in-fin-eye-tum) ad litem L. ad rem L. ad test L. ad valorem L. (val-or-em) Alias L. alibi L. amicus curiae L amour propre F au courant F. (or coo-ron) au fait F. autrefois convict (or acquit) F. bete noir F. (bayt nwah) bona fide L. carte blanche F. be informed. Certiorari is a prerogative writ (see main glossary) issued by a superior court quashing a decision of a lower court or tribunal. by the account; in part payment. from the stronger (reason). from the latter; inductive reasoning. A form of argument from the effect to the probable cause. from what goes before; deductive reasoning. to the point; concerning from the beginning in the beginning from within. by invitation; voluntarily. in the absence of the accused. proceedings in a matter. Where the action or case is to or against property, not a person. to this (purpose); for the one purpose/occasion only. to infinity; indefinitely. for a law suit; for the purpose of this litigation. to the matter; to the purpose. to give evidence. according to value. Where costs or duties are charged according to the value of the subject matter. otherwise. elsewhere friend of the court. A person who is not a representative of a party to proceedings but who is permitted to bring to the courts attention, or argue, a point of law or fact. self-love; vanity; self-esteem. up to whats current; up-to-date with; acquianted with. up to the fact; will-instructed in; knowledgeable. already convicted or acquitted: on the same charge. black beast; particular aversion. in good faith. white cared; with unconditional authority.

causa/conditie sine qua non L. caveat. L. caveat emptor L. chose F. (shows) circa L. (sir-ca) compos mentis L. contra pacem L. coram L. coram non judice L. (yee-dee-chay) jew-dee-see) corpus delicti L. Corpus juris L. (yee-riss) jew-riss) coup detat F. (coo daytah) coup de grace F. (coo de grass) cui bono L. (coo-ee bone-oh) (kwee-bone-on) de facto L. de jure L. (yew-ray) (jey-ray) de novo L. de rigeur L. (rigg-uhr) de trop F. (troh) dies non L. duce tecum L. ejusdem generis L. (ay-uce-dem) en bloc F. (on block) en route F. ergo L. et cetera L. et sequentia L. et cathedra L. ex curia L. ex delicto L. ex officio L. extempore L. fait accompli F. faux pas F. (for pah) force majeure F. (mah-zhyur) in bono L. in camera L.

the cause/condition without which not.. an indispensable condition; a prerequisite. let her/him be warned. Let the buyer beware. thing ; item of personal property. about so sound mind. against the peace. in the presence of (e.g. Coram Brown, J.) not in the presence of a judge the body of the crime; evidence. the body of the law. blow to the state; overthrow of a government by violence. blow of grace; the death blow; the finishing touch. to whom the good; who benefits? of the fact; in actual practice. of the law; by right. anew (anew). of srictness; required by custom. too much. no day; a non-sitting day. you will bring with you certain documents etc. of the same kind. in a block; together. on the way. therefore. and other things. and the following things. from the seat of authority. out of the court. arising out of a civil wrong. by virtue of office. instantaneously off the cuff. accomplished fact. false step; a blunder. greatest force. in the benefit of . in the rooms; in closed court.

in esse L. in flagrante delicto L. (flar-grantay) in litem L. in perpetuum L. in re L. in specie L. in statu quo L. in toto L. inter se L. (say) inter vivos L. interim L. ipse dixit L. (ip-say) ipso facto L. ipso jure L. jurat L. Jus ad rem L. (yss or just) malum in se L (mah-lum in say) malum prohibitum L. mandamus L. mens rea L. (ray-ah) modus operandi L. (mode-us operan-die) modus vivendi L. multum in parvo L. nihil est L. nihil debet L. nisi L. nisi prius L. (nee-see pree-us) nolle prosequi L. (noll-ay pross-aykwee) non-compos mentis L. novo L. nulla bona L. obiter L. pari passu L. passim L. per annum L. per capita L. persona designata L. (per-sown-a) persona non grata L. post mortem L. praecipe L.

in existence. in flaming crime; red-handed. in a lawsuit. in perpetuity; forever. in the matter of. in its own kind. in the state which (it was). entirely. among themselves. among the living. meantime s/he her/himself said it by the fact itself. by the law itself. let it be sworn. the law for the matter. evil in itself. prohibited evil. we command; a prerogative writ from a higher court to compel a ministerial, administrative or judicial officer to perform their public legal duty. guilty mind; the requisite mental constituent of a particular crime. From the quote actus non facit reum nisi mens sit rea; meaning an act does not make man guilty unless his mind is guilty. method of operating. way of living; practical arrangement. much in little; the epitome. nothing is. he owes nothing. unless unless previously. to be unwilling to prosecute; a decision by the State or a plaintiff not to proceed with part or all of a case. not of sound mind. anew no goods upon which to collect. in passing; incidentally. all things being equal. here and there; throughout. per year. per head designated person. unwelcome person. after death. initiative action; a form directing a court officer to issue or prepare a

(pry-see-pay) prima facie L. pro boto publico L. pro rata L. puise A.F. (puny) qua L. quaere L. (kwy-ray) quantum meruit L. quasi L. (kwa-zi). sub silento L. quai timet L. quid pro quo L. quo animo L. quo vide L. (vee-day) quorum L. ratio decidendi L. (dessid-endy) reductio ad absurdum L. res gestae L. res integra L. res ipse loquitur L. (race ipsay lock-witour) Res judicata L. Savior faire F. (sav-vwah fair) semper L. sic L. sine die L. (see-nay dee-ay) stare decisis L. (star-ay de-sigh-sis) stet L. sub judice L (sub yew-di-chay) (sub jew-di-see) sui generis L. sui juris L. (soo-eeyew-riss) (oos-ee jew-riss) tacit L. tete-a-tete F. (tate-a-tate) ultra vires L. (wirace or virez) verbatim L. (ver-bay-tim) versus (v) L. vis major L.

document. at first appearance. for the public good. in proportion. later born a judge of the High Court other than the Chief Justice. in the capacity of . question, inquire; a doubtful legal proposition. as much as s/he deserved. as if . under silence. because s/he fears. something for something. with what intention. which see , q.v. of whom. the reason for the decision; the legal principle for precedent. reduce to absurdity. things done. a fresh matter. the thing speaks for itself. an adjudicated matter. to know how to do; sophistication always thus; as written. without a day. to let the decision stand. Let it stand. under judicial consideration. of its own kind. of ones own right; of full legal capacity. it is silent; unspoken, implied. head to head. outside the powers. as it was said. facing; against. greater force.

vis--vis F. (vis-a-vee) voir dire F. (vwah dear) volte face F.

face to face; concerning. to say truly. about face