A
fortiori
More effective; with greater reason
A vinculo matrimonii
Latin: of marriage. The term is now used to refer to a final and
permanent dissolution of the marriage by a decree of annulment
on the ground that the marriage was void ab initio, from the beginning.
Ab initio
Latin: from the start.
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").
Abbacinare
A barbaric form of corporal
punishment meted out in the middle ages where persons would
be permanently blinded by the pressing of hot irons to the open
eyes.
Abduction
To take someone away from a place without that person's consent
or by fraud.
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 Gazette & 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.
ACF
Administration for Children and Families
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.
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.
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.
Administrative Law
the area of law dealing with governmental agencies.
Administrative Procedure
method by which support orders are made and enforced by an executive
agency rather than by courts and judges
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.
Admiralty Law/Maritime
the area of law that relates to the high seas and other navigable
waters, which is administered by the admiralty courts.
Adoption Law
the area of law that deals with the relationship of parent to
child of another person, usually a minor, by official legal action.
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.
AEI
Automated Administrative Enforcement of Interstate Cases
AFDC
Aid to Families with Dependent Children
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.
Agriculture Law
the area of law focusing on issues relating to the practice of
cultivating the soil, producing crops, and raising livestock and/or
the preparation and marketing of the resulting products.
Aid To Families With Dependent Children
assistance payments made on behalf of children who don`t have
the financial support of one of their parents by reason of death,
disability, or continued absence from the home; known in many
States as ADC (Aid to Dependent Children)
Alienate
To sell or give completely and without reserve; to transfer title
to somebody else. A voluntary conveyance of
property, especially real
property.
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.
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.
Alternatives to Bankruptcy
the area of law that focuses on debtor assistance other than Bankruptcy
(see bankruptcy).
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.
Antitrust & Trade
Regulation
the area of law that protects trade and commerce from unlawful
restraints and monopolies or unfair business practices.
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.
Appellate Law
the area of law relating to appeals to higher courts of law.
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
the process of resolving a dispute or a grievance outside of the
court system by presenting it to an impartial third party or panel
for a decision that may or may not be binding (see also mediation
and alternative dispute resolution).
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.
Arrearages
unpaid child support for past periods owed by a parent who is
obligated to pay
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.
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.
Assignment Of Support Rights
a person receiving public assistance agrees to turn over to the
State any right to child support, including arrearages, paid by
the obligated parent in exchange for receipt of a cash assistance
grant and other benefits
AT
Action Transmittal
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 & 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.
Attractive Nuisance Doctrine
A legal doctrine which makes a person negligent for leaving a
piece of equipment or other condition on property which would
be both attractive and dangerous to curious children. These have
included tractors, unguarded swimming pools, open pits, and abandoned
refrigerators. Liability could be placed on the people owning
or controlling the premises even when the child was a trespasser
who sneaked on the property. Basically the doctrine was intended
to make people careful about what dangerous conditions they left
untended. Some jurisdictions (including California) have abolished
the attractive nuisance doctrine and replaced it with specific
conditions (e.g. open pit and refrigerators) and would make property
owners liable only by applying rules of foreseeable danger which
make negligence harder to prove.
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.
Auto Lemon Law
the area of law governed by statute that allows the purchaser
of a car specific remedies if the car has a defect that impairs
or significantly affects its use, value, or safety and that cannot
be repaired within a specified period.
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.
Aviation Law
the area of law dealing with the operation of civilian aircraft
often under the control of a common carrier. This legal arena
usually focuses on airline disasters and wrongful death.
AVR
Automated Voice Response System
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. |
