A
Abatement
Abatement refers to the reduction, decrease, or complete removal of something. It commonly applies to diminishing debts, legacy duties, nuisances, and taxes. Legal abatement also includes suspending court proceedings, often due to procedural errors or the absence of necessary parties.
Acquittal
An acquittal is a legal judgment, typically declared by a jury or judge, that a defendant is not guilty of the charges against them. This verdict does not establish innocence but indicates insufficient evidence to prove guilt beyond a reasonable doubt, allowing the defendant to be released from the trial process.
Adjournment
Adjournment refers to the formal suspension or postponement of a court proceeding or legislative session until a future date. It temporarily halts proceedings, usually due to the need for additional information, time to consider evidence, or external circumstances that impede the continuation of the session.
Adjudication
Adjudication is a legal process where an authoritative body, such as a court, reviews evidence and arguments presented by parties to make a formal decision on a dispute. This binding judgment resolves the issue, establishing the parties' legal rights and obligations.
Affidavit
An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. It's legally binding and must be sworn before a notary or authorised officer. Affidavits are typically used to assert facts clearly and concisely under penalty of perjury.
Affirmation
Affirmation is a legal term referring to a solemn declaration that is allowed as an alternative to an oath for individuals who cannot swear an oath for reasons of conscience or religion. It carries the same legal weight and consequences, such as penalties for perjury, as taking an oath.
Alimony
Alimony is a financial support payment from one ex-spouse to the other following a divorce, typically to the less financially stable party. It aims to maintain the standard of living established during the marriage, which is determined by court order or agreement.
Allegation
An allegation is a claim or assertion that someone has done something illegal or wrong, typically made without proof. It's used in legal contexts to state an accusation formally or officially in court proceedings before the actual evidence is presented to support it.
Appeal
An appeal is a legal process in which a higher court reviews a lower court's decision to determine if legal errors occurred that significantly affected the outcome. Parties dissatisfied with a verdict can challenge the decision, seeking a reversal or modification. The appellate court examines the record and arguments from both sides, focusing on the application of law rather than factual disputes.
B
Bail
Bail is a legal mechanism that allows a defendant to be released from custody before trial in exchange for money or property. It guarantees the defendant's appearance in court. If the defendant attends all required court dates, the bail is returned.
Bailment
Bailment is a legal relationship where one party, the bailor, temporarily transfers possession of a property to another, the bailee, who accepts it with the agreement to return it after a purpose is fulfilled or keep it safe. It doesn't transfer ownership, only custody or control.
Bankruptcy
Bankruptcy is when individuals unable to pay their debts seek relief through court proceedings. It allows for the restructuring or elimination of debt under the protection of the law, often resulting in a fresh financial start for the debtor (see Insolvency).
Barrister
A barrister is a legal professional specialising in advocacy and representing clients in court. Barristers provide expert legal advice, draft legal documents, and argue cases before judges and juries. They are typically distinguished from solicitors by their exclusive focus on advocacy and representation in court proceedings.
Beneficial Ownership
Beneficial ownership refers to the rights to enjoy the benefits of ownership of an asset or property, even if the legal title is in another's name. It includes rights to income, control, and use, distinguishing from nominal or legal ownership.
Beyond a reasonable doubt
The legal term "beyond a reasonable doubt" refers to the highest standard of proof required in criminal trials. It demands that the prosecution's evidence be so convincing and clear that jurors have no reasonable uncertainty regarding the defendant's guilt.
Bigamy
Bigamy is entering into a marriage with one person while still legally married to another. It is prohibited by law in most jurisdictions and is considered a criminal offence. The validity of the second marriage is typically nullified under legal standards.
Bill of lading
A bill of lading is a legal document issued by a carrier to a shipper detailing the type, quantity, and destination of goods being shipped. It serves as a shipment receipt, a contract between the carrier and shipper, and may be used to transfer the title of the goods.
Breach of contract
A breach of contract occurs when one party fails to fulfil any of its agreed-upon obligations without a lawful excuse. This breach can be total or partial, giving the non-breaching party the right to seek remedies, such as damages or contract termination.
Burden of proof
The burden of proof is a legal principle determining which party is responsible for proving the facts in a case. It sets the level of evidence required to establish a claim in court, often resting on the party seeking relief, such as a prosecutor in criminal trials or a plaintiff in civil litigation.
Bylaw
A bylaw is a rule or regulation enacted by a local authority, company, or organisation to govern its own affairs. Bylaws typically address issues such as administration, procedures, and conduct within the entity's jurisdiction. They serve to complement and sometimes supplement broader laws at the regional or national level.
C
Cohabitation
Cohabitation refers to the living arrangement of an unmarried couple in a romantic or domestic relationship, sharing a common residence and often engaging in a partnership akin to marriage. It may have legal implications in matters like property rights, support obligations, and the dissolution of the relationship.
Commercial agent
A commercial agent is authorised to act on behalf of another, referred to as the principal, in commercial transactions. This role typically involves negotiating and concluding sales or purchases of goods on behalf of the principal, often earning a commission based on transactions facilitated.
Company
A company is a legal entity formed to conduct business activities. It can own assets and incur liabilities and is distinct from its owners. Companies are categorized by structure (e.g., corporation, partnership) and offer benefits like limited liability, enabling investment while safeguarding the personal assets of owners or shareholders.
Constitution
A constitution is a fundamental legal document that establishes the framework for government, outlining its structure, powers, and limitations. It typically guarantees citizens' rights and liberties and defines the relationship between the government and its people. It serves as the supreme law of the land in many countries.
Consumer
A consumer is a person or entity who purchases goods or services for personal use and not for business or resale. Consumer laws protect consumers, ensuring fair trade, accurate information, and the right to privacy, creating a balanced relationship between consumers and businesses.
Consideration
Consideration refers to something of value exchanged between parties in a contract, forming the contract's basis. It can be money, goods, services, or a promise. Consideration is essential for validating a contract, ensuring each party gets a benefit or bears a detriment.
Contract
A contract is a legally binding agreement between two or more parties establishing mutual obligations. It usually involves the exchange of goods, services, or promises. A contract requires offer, acceptance, and consideration and aims to enforce fairness by ensuring parties fulfil their agreed-upon commitments.
Covenant
A covenant is a legally binding promise within a contract, typically used in real estate and business agreements. It imposes obligations or restrictions on parties, often regarding land use or financial commitments. Violating a covenant may lead to legal consequences, including damages or specific performance.
D
Damages
Damages are a monetary compensation awarded to a person as a remedy for loss or injury caused by another's breach of duty or violation of rights, determined by a court in a legal proceeding. They aim to restore the injured party's financial position to what it was before the harm.
Defendant
A defendant is an individual, company, or institution sued or accused in a court of law. In criminal cases, the defendant faces charges brought by the government. In civil cases, the defendant is the party against whom a lawsuit is filed.
Demurrage
Demurrage is a charge payable to the owner of a chartered ship on failure to load or discharge the ship within the agreed time. It compensates the shipowner for the delay and is calculated based on the extra time the vessel is detained beyond the contractual terms.
Dividend
A dividend is a payment made by a company to its shareholders, usually from profits. It can be issued in cash, stock, or other assets and reflects the shareholders' share of corporate earnings. Companies often pay dividends regularly, offering a steady income to investors.
Duty of Care
Duty of care refers to the obligation individuals or organisations have to avoid actions or omissions which can be reasonably foreseen to cause harm to others. This responsibility requires parties to act with the standard of care expected in their circumstances to prevent injury or loss to another person.
E
Equity
Equity refers to the system of justice that supplements the common law and rectifies its limitations by ensuring fairness. It originated in English law and provides remedies and principles that are more flexible than strict legal rules, aiming for just outcomes in complex cases.
Equity (business)
Equity refers to ownership interests in a business, represented by shares or stock. It grants shareholders rights to profits, dividends, and voting in corporate decisions. Equity also implies fairness in shareholder treatment, ensuring just allocation of benefits and adherence to fiduciary responsibilities.
Evidence
Evidence is factual information presented in court to prove or disprove a fact. It can include testimony, documents, physical objects, or expert opinions. Admissible evidence must be relevant, reliable, and obtained legally. It forms the basis for judicial decisions in legal proceedings, ensuring fairness and accuracy.
Executory Agreement
An executory agreement is a contract in which both parties have ongoing obligations to perform in the future. It is not fully completed or executed until all duties are fulfilled. Common in leases, service contracts, and certain business deals, it contrasts with executed agreements, which are fully performed.
Express Terms
They are explicitly stated provisions within a contract, agreed upon by the parties. These terms are clearly written or spoken, leaving no room for doubt or ambiguity. They set out specific rights and obligations, forming the foundation of the contractual agreement between the parties involved.
F
Finance Lease
A finance lease is a long-term leasing arrangement where the lessee gains substantial control over the leased asset, including risks and rewards of ownership, while the lessor retains legal title. Payments cover the asset's cost and interest, often leading to eventual ownership by the lessee.
Freehold
Freehold is a legal term denoting property ownership without time limits. The owner can use and control the land and its structures indefinitely, subject to laws and regulations. It is distinguished from 'leasehold,' where ownership rights are granted for a fixed term.
G
Good Faith
Good faith refers to honest intent and sincerity in fulfilling one's obligations or duties without any intention to deceive or defraud. It is characterized by fairness, integrity, and adherence to legal and ethical standards in transactions and agreements.
H
Habeas Corpus
Habeas corpus is a legal principle demanding a detained person be brought before a court, ensuring their imprisonment is lawful. It safeguards against arbitrary detention and protects individual liberty by allowing individuals to challenge the legality of their confinement, compelling authorities to justify the detention before a judge.
Hire Purchase
A financial arrangement where a buyer pays for goods in instalments. Ownership transfers to the buyer after all payments are made. Common in consumer goods and vehicles, this method allows immediate use while spreading costs over time, with the seller retaining title until final payment.
I
Illegal
Illegal actions are those prohibited by law, punishable through sanctions like fines or imprisonment. They encompass a broad spectrum of activities, from theft and assault to fraud and drug trafficking. The determination of illegality depends on statutory law, established precedents, and societal norms within a jurisdiction.
Illegitimate
It refers to something that is unlawful or not in accordance with legal standards. In family law, it often describes a child born to parents not legally married. In broader terms, it denotes actions, claims, or entities lacking legal validity or rightful recognition under the law.
Immovable property
It refers to property that cannot be moved from one place to another, including land, buildings, and attached structures. It is governed by real property laws and includes anything permanently attached to the earth, such as trees or minerals, distinguishing it from movable property.
Impeachment
(1) This is the formal process by which a public official is accused of misconduct, potentially leading to their removal from office. (2) It can also refer to challenging the credibility of a witness by presenting evidence that questions their truthfulness or reliability during testimony.
Implied Terms
These are provisions not explicitly stated in a contract but assumed by law or inferred from the parties' conduct, circumstances, or established practices. These terms ensure fairness or reflect the parties' intentions and are often implied by statutes, common law, or business customs (see Express Terms).
Indictment
An indictment is a formal accusation issued by a grand jury charging an individual with a criminal offence. It serves as the basis for prosecution, detailing the alleged crime and enabling the case to proceed to trial. Indictments are typically required for serious felonies.
Indivisibility
It refers to the legal principle where an obligation, right, or entity cannot be divided or separated into parts. In contract law, an indivisible contract must be performed entirely, with no partial performance acceptable, as all terms are interconnected and cannot be fulfilled independently.
Inferior Court
An inferior court is a lower-level court in a judicial hierarchy, typically below superior or appellate courts. It handles less significant cases, such as minor civil and criminal matters, with limited jurisdiction. Decisions made in inferior courts can often be appealed to higher courts for review.
Injunction
An injunction is a legal order issued by a court that either compels a party to do or refrain from specific acts. It prevents irreparable harm, maintains the status quo, or provides a remedy for a likely breach of law before a final judgment is made.
Insolvency
Insolvency is a legal term describing a situation where an entity or company cannot meet their financial obligations to creditors as debts become due. It can lead to insolvency proceedings, wherein assets are assessed and used to pay off creditors under court supervision (see Bankruptcy).
Ipso Facto
This is a Latin term meaning "by the fact itself." In law, it refers to something that occurs as a direct consequence of a fact or action, without needing additional proof. For example, a contract may terminate ipso facto if a specific condition occurs.
J
Judge
A judge is a legal authority who presides over court proceedings, interpreting and applying laws to resolve disputes impartially. They ensure fair trials, manage legal proceedings, and issue rulings based on evidence and legal principles. Judges uphold justice, maintain order, and safeguard the integrity of the legal system.
Judiciary
The judiciary refers to the branch of government responsible for interpreting and applying laws. It includes courts, judges, and the legal system, ensuring justice and resolving disputes. Through impartiality and adherence to legal principles, the judiciary upholds the rule of law, safeguarding individual rights and maintaining societal order.
Jury
A jury is a group of individuals selected to hear evidence and render a verdict in a legal proceeding, typically a trial. Comprising citizens from the community, juries assess facts, determine guilt or innocence, or decide on civil disputes. Their decisions are crucial in the administration of justice.
K
Kin
Kin refers to relatives by blood or marriage. This legal term encompasses immediate family members such as parents, siblings, and children, as well as extended family like grandparents, aunts, uncles, and cousins. Kinship can affect inheritance rights, custody battles, and other legal matters concerning familial relationships (also see Next of kin).
L
Leasehold
A leasehold is a legal arrangement where a tenant (lessee) rents property from a landlord (lessor) for a specified period, as defined in a lease agreement. The tenant gains the right to use the property during this term, but ownership remains with the landlord.
Liability
Liability refers to an individual or entity's legal responsibility for their actions or omissions that cause harm or damage. In law, if someone is liable, they are legally obligated to compensate for losses or injuries their actions have caused. This concept is foundational in civil litigation and contract law.
M
Magistrate
A magistrate is a judicial officer with limited authority, often handling minor criminal cases, issuing warrants, and presiding over preliminary hearings. They may also oversee civil matters and administrative functions.
Movable property
It refers to assets that can be physically relocated without altering their essence, such as furniture, vehicles, and goods. Unlike immovable property (e.g., land or buildings), movable property is not permanently attached to a location and can be transferred or sold easily.
N
Negligence
Negligence is a legal term describing a failure to exercise appropriate care expected under specific circumstances, leading to harm or injury to another person. It involves a breach of duty of care, which results in an injury directly caused by this failure, often resulting in liability.
Neighbour principle
The "neighbour principle" is a legal concept from tort law formulated in Donoghue v Stevenson. It stipulates that individuals owe a duty of care to those they can reasonably foresee being affected by their actions, laying the foundation for modern negligence law.
Next of kin
Next of kin refers to the closest living relatives of an individual, typically in order of blood relation, such as spouse, children, parents, or siblings. They are often designated for legal purposes regarding inheritance, medical decisions, or guardianship if the individual becomes incapacitated or passes away without a will (also see Kin).
O
Obiter dicta (obiter dictum)
Obiter dicta refers to remarks made by a judge within a legal judgment that are not essential to the decision and, therefore, not legally binding as precedent. These comments provide insight or personal opinion but do not have the authority of the court's actual ruling in the case.
Offence
An offence is an act or omission that violates a law and is punishable by the state. It includes crimes such as theft, assault, or fraud, and can range from minor infractions to serious felonies, depending on the severity and legal consequences of the wrongful act.
Ownership
Ownership refers to the legal right of possession, control, and use of property. It encompasses the exclusive authority to dispose of, transfer, and enjoy the benefits of a tangible or intangible asset. Ownership grants individuals or entities the power to assert their rights over the owned property within the confines of the law (also see Title).
P
Personal injury claim
A personal injury claim is a legal action initiated by an individual who has suffered harm due to another's negligence or intentional act. The claim seeks compensation for the victim's physical injuries, emotional distress, and financial losses, such as medical expenses and lost wages. It requires proving the other party's liability and the extent of damages to secure a favourable settlement or court award.
Piercing the veil
"Piercing the veil" is a legal concept where courts set aside a company's limited liability shield, holding its shareholders personally liable. This occurs when individuals misuse the corporation to commit fraud, evade legal obligations, or harm others, thus preventing the corporate structure from protecting them.
Plaintiff
A plaintiff is an individual or entity that initiates a lawsuit by filing a complaint against a defendant and seeking legal remedy for a grievance or harm. The plaintiff's role is to present evidence and argue their case to obtain a favourable judgment from the court.
Prohibition
Prohibition is a legal mandate that bans certain activities or substances. Typically applied to alcohol or drugs, it restricts their manufacture, sale, or consumption. Originating from moral, health, or societal concerns, prohibition laws aim to regulate behavior and prevent associated harms, often sparking debates over enforcement and efficacy.
Property
Property refers to the rights and interests an individual or entity holds in tangible or intangible assets. It includes real property (land and buildings) and personal property (movable objects, intellectual property). Ownership grants control, use, and transfer rights safeguarded by laws and regulations.
Proprietary right (property right)
A proprietary right refers to a legally recognised entitlement to possess, control, use, or dispose of property. It encompasses ownership interests in tangible assets like land or goods, as well as intangible assets like patents or trademarks. Proprietary rights grant exclusive privileges or legal claims over the property in question.
Prosecutor
A prosecutor is a legal official responsible for presenting the case against an accused individual in criminal proceedings. They represent the government, seeking to prove the defendant's guilt beyond a reasonable doubt and ensure justice is served according to the law.
Q
R
Ratio decidendi
Ratio decidendi refers to the principle or reasoning underlying a court's decision in a case. This foundational legal concept establishes precedent and guides future rulings. It specifically denotes the essential reasons and arguments forming the court’s basis for its judgment, distinct from mere observations or comments.
Reasonable foreseeability
Reasonable foreseeability is a legal concept used to determine whether someone could have anticipated the consequences of their actions. It affects liability and negligence cases. It assesses whether a reasonable person, under similar circumstances, would have predicted the potential outcome of their behaviour or decisions.
Respondent
A respondent is the party against whom a petition is filed, particularly in appellate cases or proceedings. The respondent answers or opposes the claims made by the petitioner, providing their arguments and evidence in response to the petition.
S
Shareholder
A shareholder is an individual or entity that owns shares in a company, granting them a stake in the company's assets and profits. Depending on the class and number of shares held, shareholders have rights like voting on corporate matters, receiving dividends, and influencing management decisions.
Shares
Shares represent ownership units in a company, entitling shareholders to a proportion of profits and voting rights. They can be traded on stock exchanges, offering liquidity to investors. Share classes may vary, influencing rights and dividends. Ownership involves risks, such as market fluctuations and business performance.
Solicitor
A solicitor is a legal professional in common law jurisdictions who advises clients, drafts legal documents, and represents them in lower courts. They specialize in various areas of law, offering legal guidance and facilitating transactions. Unlike barristers, solicitors typically engage directly with clients, handling non-litigious matters.
Specific performance
Specific performance is a legal remedy in contract disputes where the court orders the breaching party to fulfil their contractual obligations instead of paying damages. It's often used in cases involving unique items, like real estate, where monetary compensation is inadequate to address the harmed party's loss.
Stare decisis
Stare decisis is a legal principle that courts should follow previous rulings or precedents when deciding similar cases. This ensures consistency and predictability in the law, reinforcing stability in judicial decisions. Courts may, however, overturn precedents if they believe it's necessary for justice or due to changing circumstances.
Statute
A statute is a formal written law enacted by a legislative body. It is typically established through a formal process, such as a bill becoming law after approval by the legislature and signature by the executive. Statutes govern various aspects of society, setting legal rights, duties, and procedures.
Subpoena
A subpoena is a legal document issued by a court, government agency, or attorney that compels an individual to appear in court or produce documents or evidence pertinent to a legal proceeding. Failure to comply with a subpoena may result in legal penalties, including contempt of court charges.
Subpoena Ad Testificandum
A subpoena ad testificandum is a legal document compelling a person to testify in court or at a deposition. It mandates the individual's appearance to provide testimony or evidence relevant to a case. Failure to comply may result in penalties, including fines or even arrest for contempt of court.
Subpoena Duces Tecum
A subpoena duces tecum is a legal order compelling a person to produce documents, records, or tangible evidence relevant to a legal proceeding. It requires the individual to appear before the court or deposition and bring specified items for examination. Non-compliance can result in penalties or contempt charges.
Superior Court
A Superior Court is a higher-level court in a judicial system that typically hears serious criminal and civil cases, appeals from lower courts, and has the authority to review legal decisions. It holds greater jurisdiction than lower courts, such as district or magistrate courts.
T
Title (legal title)
Title signifies legal ownership or right to property. It establishes one's lawful entitlement, enabling possession, use, and transfer. Title may refer to real property (land, buildings) or personal property (assets, goods). A clear title is free from encumbrances, affirming unchallenged ownership rights (also see Ownership).
Tort Law
Tort law is a branch of civil law that addresses wrongs or injuries one party inflicts on another outside of contract disputes. It involves claims for damages and encompasses various wrongful acts like negligence, defamation, and trespass. Victims seek compensation for harm suffered through tort.
Trial
A trial is a formal legal proceeding in which evidence is presented, arguments are made, and a judgment is rendered by a judge or jury to determine the guilt or innocence of the accused in a criminal case, or to resolve a dispute in a civil case.
U
Unilateral contract
A unilateral contract is a legally binding agreement in which one party makes a promise contingent on another party's performance. The contract is only formed when the second party completes a specified task, at this point, the first party is obligated to fulfil its promise, such as paying for the completed task.
V
W
Writ of certiorari
A writ of certiorari is a court order directing a lower court to deliver its record in a case so the higher court can review it. Commonly issued by the Supreme Court to review decisions of lower courts, it signifies the higher court's willingness to hear an appeal.
Writ of mandamus
A writ of mandamus is a court order compelling a government official or entity to perform a mandatory duty correctly. It is issued to correct an abuse of discretion or failure to act as required by law, ensuring compliance with legal obligations.
Write of summons
A writ of summons is a legal document issued by a court to notify a defendant of a lawsuit against them. It outlines the nature of the claims and commands the defendant to appear in court on a specified date to respond to the allegations or face judgment by default.