LEGAL VOCABULARY

Deposition
The written, out-of-court testimony of a witness, which is intended to be used in preparing for trial. The
testimony is often given under oath and authenticated by a court officer.
"The witness was questioned in her deposition regarding her knowledge of the bank loan."
Related word: The lawyer deposed the witness.
The witness gave her deposition.

Remand
to send a matter back to a lower court with instructions about further proceedings.
The case was remanded back to the lower court with instructions to consider the new legislation.

Related words: When the lower court receives the case back from the higher court, it is said to retry
the case on remand.

Retainer
an advance fee paid to a lawyer; as the lawyer works on the case, he or she will bill time against this
fee.
Due to the expense of litigating this case, our attorney has requested a large retainer up front.

Related terms:
When a client hires a lawyer, he is said 'to retain counsel' or 'retain the services of a lawyer'. In the
UK, the term 'instructing a solicitor' means retaining or hiring a lawyer.

Toll
to suspend or stop temporarily.
The statute of limitations was tolled during the time the plaintiff was outside of the state.

Related terms:
Statute of limitations: a law which establishes the maximum period of time within which a legal action
must be brought or a claim enforced.
Run: When the statute of limitations starts to apply, we say that the statute is running, i.e. any time
which passes is calculated under the statute for the purpose of determining whether a claim is too old
to be brought.

Abstain to refrain from voting (to not vote)

Five of the board members decided to abstain from the vote due to personal interest in the outcome.

Interlocutory: temporary; not final; provisional.

An interlocutory order does not finally determine the outcome of legal proceedings but only decides a
matter which is necessary in order for the court to continue the adjudication of the case.
The court issued an interlocutory order pending the final outcome of the trial.

Circumvent to evade or go around a law or rule or term in a contract.

"His actions circumvented the law."
Related words:
circumvention (noun). "The sale of shares was an attempt at a circumvention of the law."

Irrebuttable
not possible to refute or disprove.
The plaintiff was able to offer irrebuttable evidence that the contract was executed by the defendant.
Related words:
rebut: to refute or disprove.
Declaratory relief
where the court states what the legal position of the parties is without ordering anything to be done or
awarding damages.

According to the Delaware Code, courts of record within their respective jurisdictions shall have
power to declare rights, status and other legal relations, in other words, grant declaratory relief.

Incur
to suffer a negative effect or to take on an obligation.
The contractor incurred additional costs as a result of the delay.

Timely
in the proper time as specified, e.g. in a contract. The buyer made timely payment of the purchase
price.
Antonyms: untimely, late

Material
of importance, essential, or of enough significance as to have possible substantial influence on an
outcome.
"The testimony of the eyewitness was material."
"Smith revealed his highly specific knowledge of material nonpublic information in a series of tape-
recorded conversations that he had with his broker."
Collocations
material witness
material breach of contract
material evidence
material fact
material representation

Waiver
The voluntary and intentional giving up of a right.
"Since notice of the meeting had not been duly given, a waiver of notice was required before the
meeting could proceed."
Common phrases: To waive a right To waive a benefit. To waive a cause of action
Common mistake: Waiver is the voluntary relinquishment of a right. Forfeiture (verb -forfeit) occurs
when a party must give up a right against his will.

Bench trial
A trial which is conducted before a judge alone.
"The defendant was unhappy when he heard that there was going to be a bench trial."
Etymology The judge's seat in the courtroom is called the bench.

Good faith
a state of mind whereby a person has an honest belief that he is observing reasonable commercial
standards of fair dealing.
"The purchase was made in good faith."
Phrases
To negotiate in good faith - to enter into negotiations with an open mind and the intent to reach an
agreement
Covenant of good faith and fair dealing - the assumption in contract law that parties to a contract
will act in good faith and deal fairly with each other
Good faith purchaser - a person who buys without notice of any circumstance that would alert the
ordinary purchaser that something is wrong. For example, a good faith purchaser would be a person
who bought property without knowing that the seller did not have clear title to the property.
Fraud
An intentional distortion of the truth in order to cause someone else to rely on the distortion for the
purpose of causing the other person to give up something of value.
"His actions were misleading but did not rise to the level of fraud."
Defraud: to commit a fraud
"The falsification of invoices and time records clearly demonstrated that the contractor intended to
defraud the municipality."
fraudulent: based on fraud, done with the purpose of committing a fraud

Contrary not in agreement with. Opposed to.

"The sale of the shares took place contrary to the terms of the agreement."
"Bias can be shown by decisions contrary to fact, or by other unfair conduct."
Synonyms
When talking about a statute or other regulation, use in contravention of.
"The conduct was in contravention of applicable corporate governance regulations."
You can also use in conflict with.
"The company's planned business venture was in conflict with the purposes clause of the articles of
association."
Antonyms
harmonise
"The country's medical products act was harmonised with EU law on the subject."
in accordance with
"The transfer was made in accordance with the terms of the agreement."
pursuant to
"Pursuant to the provisions of the statute, the company notified the Financial Supervisory Authority of
the tender offer."

Qualify
Qualify has many meanings, including to provide with necessary skills, knowledge or credentials. In
law qualify means to certify as legally competent or to actions necessary to acquire legal power.
However, another important meaning of qualify is to limit or restrict. Thus it is said that one provision
of a statute qualifies or modifies another. And, notably, an unqualified legal opinion is one without
exceptions or limitations, not one written by a substandard lawyer.

Enter into force

this refers to the date and process by which a law or contract goes into effect.
"According to government sources, the law should enter into force sometime next year."
You can also say: - comes into force - goes into effect - becomes effective
Other forms of the word : entry into force
"What is the date of the provision's entry into force?"

Disclosure
The process of sharing information.
"The Financial Exchange Authority called for greater disclosure of executive pay."
Note: In lawsuits, disclosure refers to the requirement that each side must provide copies of all
documents to the other before trial. The opposite of disclosure is nondisclosure or non-disclosure.
to disclose
"The rules of court require all parties to an action to disclose their proposed witness lists 60 days
before trial."

Complaint
The first pleading in a US case, which states the grounds for the claim and the relief sought.
"The complaint alleged that the tenant had caused damage to the apartment and sought damages in the
amount of $5,000 to cover the cost of repairs."
Related words: Statement of claim - The first pleading in a UK case, which states the grounds for the
claim and the relief sought.
Unequivocal
having only one meaning or interpretation.
"The chairman of the board gave a clear and unequivocal statement at the shareholders' meeting that
he did not support the resolution."
Synonyms
unambiguous: "The wording of the statute was unambiguous and thus not open to any other
interpretation."
explicit: "The contract was explicit on the issue of when the risk of damage to the goods passed to
buyer."
Antonym :
ambiguous: "When a statute is ambiguous, the ambiguity is construed against the drafter."
Common phrase : clear and unequivocal

Override
(v.) To set aside or cancel with superior authority or power; to supersede.
"The decision by the board of directors overrides the CEO’'s earlier decision."
Synonyms
supersede: "This price list supersedes the price list appended to the agreement as Appendix 1."
prevail over: "The question of whether EU environmental legislation will prevail over more stringent
national legislation is important from a global perspective."
take precedence over: "In the event of a discrepancy, the provisions of these Special Terms and
Conditions shall take precedence over the provisions of the General Terms and Conditions."
Antonyms
subordinated to: "The claims of shareholders are subordinated to the claims of suppliers."
Other forms of the word: overriding (adj.): predominant. "Our overriding concern is to protect our
client's trade mark."

Implied
indicated by actions, circumstances or statements but not explicitly stated.
"His authority was implied by the way he acted."
Synonyms
understood: "The parties never discussed sub-contracting, but since the agreement was essentially a
personal services contract, it was understood that the supplier could not engage a sub-contractor."
Antonym
explicit: "The contract explicity provided for the consequences of late delivery; in the event of non-
delivery, the buyer was entitled to terminate the contract with immediate effect."
Other forms of the word
imply (verb) to indicate indirectly. "The lawyer did not wish to imply that she did not believe her
client's story."
Common phrases
implied contract: a situation whereby an agreement clearly exists based on circumstances,
notwithstanding that no formal agreement was entered into. "Although the homeowner never requested
that his lawn be cut, his acceptance of the service constituted an implied contract with the teenager
next-door."
implied consent: a situation whereby the circumstances indicate that one party clearly consents to
something done by the other. "The supplier's failure to object to late payment constituted implied
consent to future late payments by the buyer."
implied covenant of good faith and fair dealing: an assumption in contract law that parties treat each
other fairly. "The court found that the insurer's failure to advise the insured of his rights under the
policy constituted a breach of the implied covenant of good faith and fair dealing."
implied warranty of merchantability: the legal assumption that goods are fit for the purpose for which
they are sold. "Sale of the goods 'as-is' constitutes an exception to the implied warranty of
merchantability."
implied power: rights or authority conferred by statute as opposed to expressly stated in the articles of
association. Business activities which a corporation may lawfully conduct and which are incidental to
its main activities. "The corporation had the implied power to raise loans."
Common mistakes
Implied should not be confused with inferred. The hearer or reader "infers" something while the
speaker or writer "implies" something.
Invoke
(verb) to claim or resort to.
"The plaintiff failed to invoke provisions of the contract."
Common phrase: to invoke one's rights - "She invoked her rights under the contract."

Prima facie
(adjective) before closer inspection, at first sight, or on the face of it. True, valid, authentic, or
adequate at first sight: on first appearance absent other information or evidence. Self-evident; evident
without proof or reasoning; obvious. Sufficient to establish a fact or case unless disproved.
"The plaintiff presented a prima facie case for breach of copyright and when the matter proceeded to
trial, the plaintiff successfully proved his allegations."
Common phrases
prima facie case: a lawsuit or criminal charge which, on its face, appears to be sufficient and
supported by the requisite minimum of evidence. "The prosecutor failed to allege that the defendant
was in the city on the day that the crime was committed and thus did not present a prima facie case of
breaking and entering."
prima facie evidence: evidence that is sufficient to prove a factual matter at issue and justify a
favorable judgment on that issue unless rebutted. "The signed contracts were prima facie evidence that
the defendant had led the plaintiff to believe that it had adequate capacity to deliver the goods by the
stated delivery date."
Common mistake
res ipsa loquitur - the thing speaks for itself. The matter is so obvious that no further proof is needed.
"The video showed the defendant rushing towards the cameraman and screaming 'I'm going to break
that thing' and then the picture was filled with static. Res ipsa loquitur, the defendant broke the
camera."

Discretion
(noun) having freedom of judgment or choice.
"It is within the judge’s discretion to allow the evidence or not once the arguments have been
presented."
Synonyms
latitude: "A recent Supreme Court ruling gives trial court judges greater latitude in sentencing
criminal defendants."
leeway: "The partner had considerable leeway in deciding which matters she would accept from her
clients."
Common mistake
Discretion used in this sense is not related to discreet, meaning prudent, modest, or unobtrusive.

Oversight
(noun) supervision or monitoring.
"The commission was charged with the oversight of compliance with the new regulations."
Synonyms
monitoring: "The stock exchange carefully monitors price trends to detect signs of insider trading
surveillance: "The Border Patrol is responsible for the surveillance of the borders at points of entry
into the country."
Common phrases
budget oversight - monitoring income and expenditures. "Budget oversight ensures that resources are
utilised and expenditures are incurred in conformity with the budget plan."
oversight board/oversight committee - a body formed to conduct oversight. "The oversight committee
meets monthly to confirm compliance and make recommendations in respect of continued compliance."
government oversight - citizen oversight of governmental activities. "Government oversight often
focuses on instances of misconduct by and corruption of public officials."
Other forms of the word
oversee (verb) to conduct oversight. "The board appointed an executive committee to oversee the day-
to-day management of the company
Usage note
Oversight can also mean an omission (a failure to do something) often by the failure to notice
something. "I'm sorry you weren't included on the guest list. It was an oversight
Motion
(noun) an application made to a court or judge in relation to a particular issue in the proceedings. A
motion is also a proposal made at a meeting, which is then seconded and voted on by the participants.
"The motion to dismiss the action was scheduled to be heard on Tuesday morning."
"A motion was made to adjourn the meeting."
Synonym: application: "The defendant submitted an application to stay execution of the order.
Other forms of the word
move (verb): to make a motion in court requesting that the court grant the relief sought. "She moved to
postpone the trial date so that she could obtain a new attorney."
moving party (noun): the party making a motion. "The plaintiff was the moving party on the summary
judgment motion."

Comply
to act in accordance with rules or the law.
"The company complied with the relevant securities regulations."
Synonyms
abide by: "When she was sworn in as a judge, she agreed to abide by the ethical rules applicable to the
judiciary."
adhere to: "By using this software, you agree to adhere to applicable copyright law prohibiting
copying or dissemination of information contained herein."
observe: "All signatories to the treaty are required to observe international law."
obey: "She was a careful driver and obeyed all traffic regulations."
Antonyms
breach: "He breached the contract by failing to deliver the goods in a timely fashion."
violate: "Many students unknowingly violate copyright law by photocopying entire chapters of
reference books."
disobey: "The defendant's counsel disobeyed the rule against ex parte communications with the court."

Ultra Vires Latin for "beyond the power". In corporate law, it refers to acts of a corporation and/or its
officers that exceed the powers and/or authority allowed a corporation by law.
"The Board's approval of the measure was ultra vires."
Related concept
Piercing (BrE lifting ) the corporate veil the individuals behind a corporation (namely the
shareholders or directors/officers) are held personally liable for the debts of the corporation, despite
the general rule to the contrary. The court usually bases its decision on the totality of the
circumstances and considers factors such as undercapitalization, a failure to properly document the
corporation, use of corporate assets as personal property and/or fraud.
"Courts are often reluctant to pierce the corporate veil but will do so where fraud by the shareholders
makes it necessary to protect the interests of an innocent third party."

Exemption
(noun) legal exception.
Other forms of the word exempt (verb): "The bankrupt's primary home was exempt from attachment
to satisfy her creditors."
Common phrases
grant an exemption - to allow something to be exempt. "The Waste Management Directive grants an
exemption to certified 'green' manufacturers."

Mitigate
(verb) to lessen or minimize the severity.
"After the accident, the company initiated an operation that was designed to mitigate any threat to the
public."
Synonyms
reduce: "The back-up plan was intended to reduce the impact of unforeseen expenditures."
allay: "The government has instituted new controls to allay public fear of a stock market crash."
Antonyms
aggravate: "Because the defendant had a blood alcohol concentration of .17%, he was charged with
the crime of 'aggravated driving while intoxicated'."
intensify: "The financial impact of the hurricane was intensified by the government's failure to provide
assistance in a timely fashion."
Other forms of the word
mitigation (noun). "The costs of mitigation of the impact of the earthquake were borne by insurers and
thus, ultimately, by the insured."

Holding
(noun) the legal principle established by a court decision or a ruling by a court. "The holding was
used by many courts in later decisions."
Other forms of the word
hold (verb) "The court found did not find enough evidence to hold in the defendant's favour."
Related words and concepts
ruling (noun) - the court's interpretation of a rule presented to it. "The court's ruling on the issue of
admissibility of the testimony was that the testimony offered was hearsay and thus inadmissible."
finding (noun) - the result of the court's deliberations. "The findings of fact in the case were that the
defendant knew that the plaintiff expected delivery on 15 May and that delivery was made on 15 June."

Bring proceedings
to start or commence a process in a court or before a judicial officer.
"If you do not make full payment by the 24th of May, my client has instructed me to bring legal
proceedings to recover his claim."
Other forms
file proceedings (phrasal verb) to deliver to the court or other decision making body, the documents or
pleadings relevant to a particular case. "I have a final meeting with my client this morning after which
we will go to court to file proceedings."
commence proceedings (phrasal verb) to start a process in court. "As we have failed to reach a
settlement with the other party, we have no choice but to commence proceedings."
institute proceedings (phrasal verb) to commence an action by filing proceedings. "After the
documents have been filed, the other party will be informed that we have instituted proceedings."
Antonym
Discontinue proceedings to terminate a process that has been brought before a court. "The claimant
decided to discontinue proceedings when it became clear that he could not win the case."

Matter
a transaction or situation for which a lawyer is providing advice for a client.
"The senior partner informed his partners of a new matter on which the firm would be retained."
matter of law - issue left to the determination of the court. The judge rules on matters of law and such
matters are determined through the application of statutes, case law etc.
matter of fact - those facts which are decided by a jury as being true or as having taken place. Such
matters are determined by a judge in the absence of a jury.
matter of record - that which is entered into the written court record and can be proved by the
production of such record. This may include court documents, rulings, objections etc.
"In the case at trial, the jury found as a matter of fact that the defendant had failed to make payment
for the goods on time. The judge therefore held, as a matter of law, that the defendant's failure to pay
was a breach of contract. The documents produced during the trial are matters of record."

Violate
to contravene or go against. "His actions clearly violate the express terms of the agreement."
Synonyms
breach: "The manufacturer breached the warranty by refusing to repair the car."
contravene: "The company's failure to provide a certified translation of the articles of association
contravened the provisions of the Companies Act."
Antonyms
comply: "The company's attorneys carefully reviewed the proposed tender offer to ensure that the
company complied with the Securities Act."
obey: "It is vital that you obey the court's order to produce the documents."
Related words and concepts
infringe (noun) to violate a right. Used especially in the context of a violation of a copyright, patent or
trade mark. "The claimant argued that the defendant infringed its copyright by using the software
without its consent."

Allegedly
claimed or stated to be true. “He was allegedly involved in some illegal business”.
Synonym: reputedly Antonym: definitively
Other forms of the word:
allegation a statement claimed to be true. "The plaintiff's allegation is that the defendant failed to
deliver the goods in a timely fashion."
allege - to claim that something is true. "The prosecutor alleged that the CEO had engaged in insider
trading."

Confer to present
"The university conferred more degrees this year than ever before."
Synonym
grant: "The Constitution grants certain powers to the president and certain powers to the legislature."
Other uses of the word
Confer is also a verb meaning to deliberate together or consult. "The attorney conferred with her
client."

Amend
to change or revise a law or contract
"After the victim had died from the stab wounds inflicted by the defendant, the prosecutor amended the
indictment, which had charged the defendant with assault, to charge him with murder.
Synonyms
Modify "The parties modified the contract by changing the rates and delivery times."
Alter "There was no evidence to show that the contract had been altered as alleged by the plaintiff."
Other forms of the word
Amendment the change made to a law or contract. "The 26th amendment to the US Constitution set
the voting age at 18." amendment (noun) the change made to a law”
Common phrases
to amend a statute - to change a law. "The legislature decided to amend the privacy protection statute
to prohibit disclosure of marital status."
to amend a complaint - to change the substance of the initial pleading filed in a lawsuit. "The plaintiff
amended his complaint to include income lost as a result of the accident."
Related words
amends (noun) - redress for a wrong or injury. "A person who has committed a crime has a legal duty
to make amends to her victim."

Mutually exclusive
two things that cannot be simultaneously true.

"The message that green business and profit are not mutually exclusive has become a favorite of the
former Vice President."

Synonym contradictory
"The articles of association and the shareholders' agreement contain contradictory provisions."
Antonym : reconcilable
"The member state's Companies Act was reconcilable with the new EU directive and thus it was not
necessary to amend the national legislation."

Dismiss
to send away or dispose of, causing a matter to be removed temporarily or permanently.
"The court dismissed the claim without prejudice."
Antonym allow
allow: "After hearing the defendants' objection on the grounds of jurisdiction, the court decided to
allow the claim."
Common phrases
- dismiss with prejudice: to dismiss a case and disallow the plaintiff from refiling the action. This
would occur in the event that the court finds that there are no legal grounds for the action. "Since the
court found that the plaintiff's lawsuit had no merit and was filed solely for the purpose of harassing
the defendant, the case was dismissed with prejudice."

- dismiss without prejudice: to dismiss a case but allow the plantiff to refile the action. This occurs,
for example, if the plaintiff has filed an action in a court that does not have jurisdiction over the matter
or where the plaintiff incorrectly identifies the defendant. "A patent claim filed in a court of general
jurisdiction will be dismissed without prejudice, and thus the plaintiff can refile the action in the patent
court."

Preclusion
the act of preventing or excluding something.
"The preclusion of spousal testimony resulted in the charges being dropped."
Synonym
prevention: "One of the purposes of international recognition of judgments is the prevention of
repetitive litigation in several jurisdictions.
Antonyms
admission: "The admission of the testimony led to a conviction."
inclusion: "The law requires inclusion of students with disabilities in all assessment programs."

Injunction
(noun) a court order prohibiting a party from doing something, compelling a party to stop doing
something, or commanding a party to do some action.
"The court issued an injunction barring him from being a director of a public company for five
years."

Damages
monetary compensation awarded by a court for a loss which has been suffered
"The damages sought were in excess of one million dollars."
Common phrases
seek damages - to ask a court to award damages. The plaintiff filed a lawsuit seeking damages for
breach of contract."

award damages - the act whereby a court orders a party to pay damages to the otherparty. "The court
has jurisdiction to award damages for mental distress arising from breach of a personal services
contract."

compensatory damages - damages which compensate the injured party for the actual loss or injury.
"The plaintiff was awarded compensatory damages in the amount of$5,000,000 but the court did not
award punitive damages."

punitive damages - damages in excess of compensatory damages, awarded where thedefendant's

conduct was deliberately malicious or fraudulent, for the purpose of punishing the defendant. "In
addition to compensatory damages, the employer was ordered to pay his former employee punitive
damages on the grounds that the employer had clearly harassed the employee so that she had no
choice other than to quit her job."

exemplary damages - same as punitive damages

consequential damages - damages which do not flow directly from the wrongful act, but rather from
the consequences of the act. "The buyer's lost profits due to his inability to perform contractual
obligations to third parties constituted consequential damages."
mitigation of damages - the doctrine which requires an injured party to minimize the damages which
he or she suffers. "Where a tenant fails to take possession of the leased property, the landlord must
mitigate the damages by attempting to find another suitable tenant."

liquidated damages - the amount which parties to a contract agree will be paid in the event of breach
of contract. "The contract provided for liquidated damages in the amount of £500 for each day that
delivery was delayed."

Common mistake
"Damage" is the injury suffered by a party, while "damages" are paid to the injured party as as a
result of the damage.

Of further legal interest

Damages are one type of remedy that an injured party can seek. Other (non-monetary) remedies
include injunctions, declaratory relief and specific performance.

Enforce
1.to put into execution, to take action to ensure that a particular law or judgment is complied with;
2. to compel obedience or compliance with.
"The plaintiff sought to enforce the judgment in its favor by attaching the defendant's assets."
Synonym
execute: "The sheriff is empowered to execute judicial orders for seizure of assets."
Other forms of the word
enforcement: the act of enforcing. "Enforcement of anti-protest laws constitutes an infringement of
freedom of speech."
enforceable: capable of being enforced. "The issue before the court was whether the shrink-wrap
license was enforceable."

Subject to
(adverbial phrase) being under the authority, control or rule of something. "These rules are subject to
three important exceptions."
Synonym
provided that : "The seller will deliver the goods by lorry, provided that the buyer makes available
appropriate facilities for parking and unloading”.
Antonym
notwithstanding: "The company continued to make automatic deductions from the consumer's bank
account notwithstanding the consumer’s request that it stop doing so.
Common phrases
subject to review: it may be examined to determine whether it should be changed or corrected. "All
proposed litigation is subject to review by the Department of Justice.”
subject to change: it may be changed. "The price stated in the contract is subject to change in the event
of significant increases or decreases in the price of raw materials.”
subject to termination: something that can be brought to an end. "The contract was subject to
termination upon one month’s notice by either party.”
subject to sale: depending on whether something is sold. "He purchased his new home subject to sale
of his old home in order to avoid owning two homes and thus being unable to pay for the new home.”

Liable
(adj) responsible or answerable in law. ”The court held the defendant liable under the contract.”
Synonyms
responsible: "The board of directors is responsible for hiring the managing director.”
accountable: "Children under the age of 16 are not legally accountable for their actions.”
Antonyms
immune: "A judge is immune from prosecution for decisions taken in the course of performing his
job.”
Other forms of the word
liability (noun): "The general meeting voted to grant the board of directors a discharge from liability
for the preceding year.”
Opt in
(verb) a situation where a person is given the right to choose whether to be involved in an offer or
scheme. ”Many council tenants are given the right to opt in pursuant to the ‘right to buy’ legislation.”
Synonyms
elect: “Many council tenants elect to exercise the option to purchase their flats.”
choose: “Users of the computerised research service may choose to receive additional marketing
information from the company.”
Antonyms
opt out: “Data protection laws entitle users of the internet-based service to opt out of receiving
marketing information from companies affiliated with the service.”
decline: “The employee declined the additional insurance protection offered by the company.”

Indictment
(noun) the formal written charge issued by a grand jury stating that there is enough evidence that the
defendant committed the alleged crime to justify a trial.

“According to the indictments, the former CEO and other corporate insiders have been charged with
conspiracy.”

Other forms of the word

indict: "The District Attorney wanted to indict Simpson for first-degree murder."

Vacate
(verb) to set aside or annul a wrongly made order or judgment.
"The court refused to vacate the lower court's judgment."
Synonym
set aside: "The Court granted the plaintiff's motion to set aside the jury's verdict."
Antonym
affirm: "Since the Court of Appeal affirmed the trial court judgment against the plaintiff, the plaintiff
decided to appeal to the Supreme Court."
Alternative definition
to move out of real estate so that you no longer occupy that real estate.
"The tenant refused to vacate the premises."
Common phrases
The appeals court would be within its power to vacate its ruling.
Unless they vacate their homes in 48 hours, they will be evicted.
The disqualified board member should vacate his seat.

Draft
(verb) to write a document, especially a legal document.
The bill was drafted by a Memebr of Parliament.
The law firm drafted a contract

Guidelines
principle by which standards are set or a course of action is determined.
"The Government has issued guidelines for the reporting of per diem expenses."
Synonyms
code of conduct
"The Immigration Authority's code of conduct requires agents to treat all applicants with respect.
standard procedure
"The standard procedure for obtaining a building permit includes an environmental impact report and
review of the architect's plans."
protocol
"The purpose of the Kyoto Protocol is to reduce greenhouse gas emissions."

Settlement
an arrangement to end a legal dispute before a final adjudication of a matter
"The parties were unable to reach an out-of-court settlement, so the case proceeded to trial."
Other forms of the word
settle (verb): "The insurance company was eager to settle the dispute and avoid trial."
Common phrases
"The parties attempted to reach a settlement."
“Since the facts were clear and the amount in dispute was rather small, the case was amenable to
settlement."
Notes
The phrase compromise and settlement can be used regarding any legal dispute in contrast to accord
and satisfaction which only applies to contract disputes.

Shell company
a company that has been formed for legal reasons but does not operate as a real business.Shell
companies are sometimes used by their owners for some business transactions or to hide illegal
activities.
"Tax havens often provide registered office facilities to shell companies."
Common mistake
Do not confuse a shell company with a shelf company, which is formally created and then
metaphorically left on the shelf to be sold to someone who wishes to start a company without going
through all the procedures of creating one.

Debt instrument
a written promise to repay debt; a way of raising capital by issuing a contractual obligation to pay
interest and to redeem a stated principal at some date in the future.
Debt instruments are traded on the debt capital markets.

Going concern
a business whose operation is expected to continue. The company had planned to shut four major
stores, but now says these will be sold as a going concern.

Preponderance of evidence
evidence which is more convincing than the evidence offered in opposition to it; standard of proof in
civil cases requiring that one side's case must be more likely than not when deciding on liability.
The plaintiff in the contract action showed, by preponderance of the evidence, that the defendant had
misrepresented its capacity to fulfil the contract.

Take-up
acceptance and acting upon of an offer.
The take-up of the partnership shares was 65%.

Enjoin
for a court to order that someone either do some specific act, stop doing something or be prohibited
from doing something; to prohibit, forbid or restrain by an injunction.
The restraining order enjoins unauthorized dealers from selling counterfeit goods near rock concert
venues.

Tax avoidance
the use of legal ways to pay less tax.
Mr Brown wants to look at ways to increase disclosure in order to curb tax avoidance.

Tax evasion
the use of illegal ways to pay less tax.

Tax haven
a country that imposes favourable tax rates, thus attracting foreign companies and individuals.

Disclosure
the giving out of information which would otherwise be kept secret
Derogation
an exemption from or relaxation of a law, rule, regulation or provision etc
The EU has not yet agreed to this derogation from the Europe-wide rules on VAT but HM Revenue and
Customs says it is hopeful for agreement in the new year

Designation
an official name or title .
The Justice Department announced that it is doing away with the designation of "enemy combatant".

Self incrimination
answering questions or otherwise giving testimony against yourself which might lead you to being
charged with a crime
The applicants claim this requirement breaches the right against self incrimination and thereby their
right to a fair trial under the European Convention on Human Rights.

Self-dealing
participation in a transaction that benefits oneself instead of another who is owed a fiduciary duty.
The executive was accused of self-dealing because he bought real estate that he knew his company
wanted in order to build a new factory.

Show of hands
the raising of hands as a way of voting on an issue.
Resolutions shall be decided by a show of hands unless otherwise agreed by the shareholders.