Gloss+írio Area Juridica

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Several nouns and definitions of juridic terms

Transcript of Gloss+írio Area Juridica

DOSSIER TCNICO-PEDAGGICO

Glossary with juridic termsAbductTo take someone away from a place without that person's consent or by fraud.

AbetThe act of encouraging or inciting another to do a certain thing, such as a crime.

Ab initio[Latin] from the start or beginning

Abstracting electricityDishonestly using, wasting, or diverting electricity.

ACASAdvisory Conciliation and Arbitration Service: a statutory body that was established under the Employment Protection Act 1975; the composition and functions of ACAS are now governed by Parts IV and VI of the Trade Union and Labour Relations (Consolidation) Act 1992. ACAS was set up to promote the improvement of industrial relations and the development of collective bargaining.

Acceleration clauseA 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.

AcceptanceThe 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.

Accord and SatisfactionA 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.

AccretionThe 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 a variety of accretion.

a coelo usque ad centrum Latin. From heaven to the centre of the earth]. The theoretical rights of the owner of property.

AcquiescenceAction or inaction which binds a person legally even though it was not intended as such. 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.

ActThe written law of a country. An Act sets out legal rules, and has normally been passed by both Houses of Parliament in the form of a Bill and agreed to by the Crown.

Act of GodAn event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever.

Acts of Parliament Referred to as primary legislation. Part of the work of Parliament is to make laws. These are called Acts of Parliament.

Actus reus[Latin: the guilty act] "Actus non facit reum nisi mens sit rea" strictly means that a man is not liable (reum) for his acts alone, but only if he acts with a guilty mind.

Adjournment A temporary postponement of legal proceedings.

ad hominem[Latin] Personal criticism of a judge, particularly his judgment. Usually made by a more senior judge.

Ad damnum[Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the claimant. court to award.

Addendum[Latin: attachment] to a written document. For example, affidavits may be addendums to a petition as a petition may be an addendum to a writ.

AdemptionProperty identified in a will which cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death.

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.

Ad infinitum [Latin: forever; without limit; indefinitely].

Adduce to put forward (in evidence);

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.

a fortiori[Latin. Much more; with stronger reason]

AdministratorA person who administers the estate of a person deceased.

AdministratrixA female administrator to whom letters of administration are granted.

ADRAbbreviation for alternative dispute resolution.Alternative Dispute Resolution. Methods of resolving disputes which do not involve the normal trial process.

Adverse possessionThe possession of land, without legal title, for a period of time [e.g. 12 years] sufficient to become recognized as legal owner. The more common word for this is "squatters." Title can be obtained by mere prescription or possession.

AdvocateA lawyer, appearing in a court of law.

Affidavit[Latin] 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 (now all solicitors) or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so.

AgentA 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 damagesSpecial and highly exceptional damages awarded by a court where the circumstances of the tortious conduct have been particularly humiliating or malicious towards the claimant/victim.

Aggravating Factors making a situation worse.

Aliexi juris[Latin: words applied to persons who are subject to the authority of another]. An infant who is under the authority of his father or guardian, and a wife under the power of her husband, are said to be alieni juris.

AlienateTo sell or give completely and without reserve; to transfer title to somebody else.

AllongeA piece of paper which has been attached to a contract, a cheque or any promissory note.

Alternative dispute resolutionAlso 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.

AmalgamationThe merging of two things together to form one such as the amalgamation of different companies to form a single company.

AmbulatorySomething which is not cast in stone; which can be changed or revoked, such as a will.

Ambulatory will This is a will which can be changed because its maker is still alive.

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 claimant or defendant, usually to present their point of view (or that of their organisation) in a case which has the potential of setting a legal precedent in their area of activity.

AnnulmentTo make void; to cancel an event or judicial proceeding both retroactively and for the future.

AntedateTo date back; retroactively. To date a document to a time before it was written.

a posteriori[Latin. From the effect to the cause] used to describe inductive reasoning.

AppealTo ask a more senior court or person to review a decision of a subordinate court, body or person. In the UK the highest court of appeal is the House of Lords Appellate Committee.

AppearanceThe act of showing up in court as either claimant, defendant, accused or any other party to a civil or criminal suit, in criminal cases a "mention" .

ApportionmentThe division and distribution of something into proportionate parts; to each according to their share.

AppurtenanceSomething that, although detached, stands as part of another thing. An attachment or appendage to something else.

a prendre[French]. To take, to seize, in contracts, as 'profits a prendre'. A right to take something out of the soil or to profit from the land.

a priori[Latin. From the cause to the effect] used to describe deductive reasoning.

ArbiterAn English 'arbitrator' in Scotland would be called an 'arbiter

Arbitration The process of deciding small claims in the County Court. Claims under 5,000 pounds are automatically referred for Arbitration.

ArraignmentIn criminal law, the formal appearance of an accused person to hear, and to receive a copy of, the charge or indictment against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.

ArrearsA debt that is not paid on the due date adds up and accumulates as "arrears".

ArsonIn the UK arson is simply committing criminal damage by fire.

AssaultPer curiamDefinition of assault:"An assault is any act which intentionally - or possibly recklessly - causes another person to apprehend immediate and unlawful personal violence."

AssentIn relation to wills, this is a document used by personal representatives to transfer property to a beneficiary.

AssetThis is something owned such as a building, a vehicle or money in the bank.

AssignTo 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.

AttestThis means to sign to witness a signature on a document.

Attorn or AttornmentTo 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;

AttorneyUSA: An alternate