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 word for lawyers or "barrister & solicitor". A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation.

Attorney GeneralGovernment law officer.

Autrefois acquit [French: previously acquitted]A principle of criminal law often entered as a defence that the accused has already been acquitted and cannot be tried for again.

a verbis legis non est recedendum [Latin. You must not vary the words of a statute.]

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.

Award of judicial expenses An English 'award of costs' in Scotland would be called an 'award of judicial expenses', or just 'expenses

Bad faith Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.

Bail Criminal law. A commitment made (and possibly secured by property for example a passport) to secure the release of a person being held in custody and suspected of a crime, to provide some kind of guarantee that the suspect will appear to answer the charges at some later date.

Bailee The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession

Bailment The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (e.g.. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.

Bailor The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment.

Bankruptcy The formal condition of an insolvent person being declared bankrupt under law.

Barrister An advocacy specialist; a lawyer whose main work is directed towards the courtroom. In England and some other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, solicitors are the main providers of oral or written advice, and barristers conduct litigation in the courts, although the distinctions are increasingly becoming blurred.

Base rate The interest rate set by the Bank of England which is used as the basis for other banks' rates. (Civil Justice Rules)

BastardAn illegitimate child, born in a relationship between two persons that are not married.

Bench A judge in court session. The collective noun for magistrates.

BeneficiaryIn a legal context, a "beneficiary" usually refers to the person for whom a trust has been created.

BequestThis is something given in a will, other than land or real property.

Bigamy Being 'married' to more than one person at the same time.

Bill of lading A document that a transport company possesses acknowledging that it has received goods, and serves as title for the purpose of transportation.

Bona fide [Latin: in good faith] Used to signify honesty and absence of fraud or collusion or participation in any wrongdoing.

Bona vacantia [Latin: Property that belongs to no person] which may be claimed by a finder.

Breach of contract The failure to perform (do what one promised to do) under a contract. Proving a breach of contract is a prerequisite of any action for damages based on the contract.

Breach of trust Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee, personally.

Burden of proof A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court.

Causa sine qua nonLiterally translated = cause without which - the event - could not have occurred.

Caveat[Latin: let him beware]. A formal warning. Caveat emptor means let the buyer beware or that the buyers should examine and check for themselves things that they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought.

CEDRThe Centre for Effective Dispute Resolution is the leader in the development of neutral-assisted dispute resolution.

Certiorari[Latin: to inform] Now called a 'quashing order'. A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organisation (e.g. government) and to decide if the decision has been regular and complete or if there has been an error of law.

Ceteris paribus[Latin all things being equal or unchanged.]

ChampertyWhen a person agrees to finance someone else's lawsuit in exchange for a portion of the judicial award.

Charterparty[carta partita, a deed cut in two] A written agreement by which a ship owner lets an entire ship, or part of it, to the charterer. The charterer agrees to convey goods to a particular place.

ChattelA chattel is any property except freehold land. Moveable items of property that are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property.

Chattel mortgageWhen an interest is given on moveable property other than real property (in which case it is usually a "mortgage"), in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed.

Chattels personalThese are tangible goods (goods that can be touched) such as furniture, clothes, watches and so on.

Chattels realThis is another name for leasehold land.

ChequeA form of bill of exchange where the order to pay is given to a bank which is holding the payor's money.

Chose in action(pronounced "shows in action")Rights of property in intangible things or which are not in one's possession, enforceable through legal or court action.Examples may include salaries, debts, insurance claims, shares in companies and pensions.

Circumstantial evidenceEvidence that may allow a judge or jury to deduce a certain fact from other facts that have been proven. In some cases, there can be some evidence that cannot be proven directly as with an eyewitness, yet, that evidence may be essential to prove a case.

Citation1. The calling on a person who is not a party to an action or proceedings to appear before the court. 2. The quoting of decided cases during legal argument, as authorities. 3. In the USA an order of a court to either do a certain thing or to appear before it to answer charges. The citation (in UK a summons) is typically used for lesser offences (such as traffic offences) because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail.

ClandestineSomething that is purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose.

Class actionWhen different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties.

Clean handsA maxim of equity to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct. "He who comes to equity must come with clean hands".

Client-solicitor privilegeA right that belongs to the client of a lawyer that the latter keep any information or words spoken to him during the provision of the legal services to that client, strictly confidential.This includes being shielded from testimony before a court of law. The client may, expressly or impliedly, waive the privilege and, exceptionally, it may also be waived by the lawyer if the disclosure of the information may prevent a serious crime.

Codecision procedure Since the Amsterdam Treaty came into force, the simplified codecision procedure under art 251 (ex art 189b) of the EC Treaty has applied to 39 legal bases in the EC Treaty that allow for the adoption of legislative acts. It may therefore be considered a standard legislative procedure.

CodicilAn amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil.

Collateral[by the side of] As in collateral insurance, agreement, which is independent of, but subordinate to, the main agreement, but affecting the same subject matter. Property that has been committed to guarantee a loan. Sometimes collateral contracts.

Collateral descendantA descendant that is not direct, such as a niece or a cousin.

CollusionA secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party.

Comfort letter Letter from an EU official stating that the European Commission intends to close the file on a case involving a possible breach of the competition rules.

CommissionA formal group of experts brought together on a regular or ad hoc basis to debate matters within that sphere of expertise, and with regulatory or quasi judicial powers such as the ability to license activity in the sphere of activity or to sub poena witnesses.

Committal hearingA procedure in the magistrates court where, in either way cases, the defendant is committed to stand his or her trial in the Crown Court, provided the court is satisfied on the evidence that the defendant has a case to answer.

CommitteeA term of parliamentary law that refers to a body of one or more persons appointed by a larger assembly or society, to consider, investigate and/or take action on certain specific matters.

Common shareThe basic share in a company. Typically, common shares have voting rights and a prorata right to any dividends declared. They differ from preferred shares, which, by definition, carry some kind of right or privilege above the common shares (e.g. first to receive any dividends).

CompanyA legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organisation, which can then focus on pursing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

Condition precedentA contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

Condition subsequentA condition in a contract that causes the contract to become invalid if a certain event occurs e.g. marriage, a Royal event etc.

ConfessionA statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.

ConsensusA result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement.

Consensus ad idem[Latin: an agreement, a meeting of the minds], between the parties where all understand the commitments made by each. This is a basic requirement for each contract.

ConsiderationUnder common law, there can be no binding contract without consideration, it was defined in an Currie v Misa (1875) as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other".

ConsignTo leave an item of property in the custody of another. An item can be consigned to a transport company, for example, for the purpose of transporting it from one place to another. The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee.

ConspiracyAn agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators

ConstitutionThe basic law or laws of a nation or a state that sets out how that state will be organised by deciding the powers and authorities of government between different political units, and by stating and the basic principles of society.

Constructive dismissalWhere there has been a fundamental breach of an employment contract by the employer, so severe that the employee considers that the breach goes to the root of the contract it gives him the right to consider himself as dismissed.

Constructive trustA trust which a court declares or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts and resulting trusts).

Contempt of courtAn act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail (e.g. overnight or until the contempt is purged by an apology).

Contra proferentem[Latin: "against the person who proffers"] In contract law this rule is used to decide which party should benefit from a clause of doubtful meaning. Where there is doubt the clause is read in favour of the person who did not draft the clause, the party who did not proffer it.

ContractAn agreement between persons that obliges each party to do or not to do a certain thing.

ContributionA right of someone to recover from a third person all or part of the amount which he himself is liable to pay. (Civil Justice Rules).

ConveyanceA written document that transfers property from one person to another. In land law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage.

ConvictionThe formal decision of a criminal trial that finds the accused guilty.

CoronerA public official who holds an inquiry into violent or suspicious deaths. A coroner has the power to summon people to the inquest.

Corporate secretary or Company SecretaryOfficer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings.

CorporationA legal entity, allowed by legislation, which permits a group of people, as shareholders (for-profit companies) or members (non-profit companies), to create an organisation, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

CorporealOf land law, capable of being physically possessed as are bricks and soil, it includes some structure erected on land.

CounterclaimA claim brought by a defendant in response to the claimant's claim, which is included in the same proceedings as the claimant's claim. (Civil Justice Rules).

CovenantA written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. They are very common in real property dealings and are used to restrict land use such as amongst shopping centre tenants or for the purpose of preserving heritage property. As ina deed of covenant for tax free payments to charity

CreditorA person to whom money, goods or services are owed by the debtor

CrimeAn act or omission that is prohibited by criminal law.

Culpa lata[Latin: gross negligence]. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another.

CurtilageThe land surrounding a residence or dwelling house that is reserved for or used by the occupants for their enjoyment or work. Curtilage may or may not be enclosed by fencing and includes any outhouses such as stand-alone garages or workshops.

DamagesA cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.

DebtorA person who owes money, goods or services to another, the latter being referred to as the creditor.

DeedA written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object.

DeemTo accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be "deemed" to be a decision of the court of another for the purpose of enforcement.

de bene esse [Latin: for what it is worth - lets get on with it]

De facto[Latin: as a matter of fact] something which, while not necessarily lawful or legally sanctified, exists in fact.

Defalcation1. Defaulting on a debt or other obligation such to account for public or trust funds. Usually used in the context of public officials.2. Setting-off of two debts owed between two people by the agreement to a new amount representing the balance, a type of novation.

Defendant1. The person defending an action in a civil case, the person being sued.2. The person defending an action in a criminal case, the person accused of having committed a crime.

de minimis[Latin: insignificant; minute, frivolous]Something or some act which is 'de minimis' is one which does not rise to a level of sufficient importance to be dealt with judicially.

Derogation Exemption from the provisions of EU legislation.

Direct Applicability A provision of EC law which has the capacity to become law in each member state without being re-enacted in national law.Direct applicability means that EC law becomes part of the national law without intervention of the national parliament. This is the case for all EC regulations.

Direct Effect A provision of EU law which can confer upon individuals rights which national courts must protect.

Directive According to art 249 of the EC Treaty, a measure adopted by the European Parliament acting jointly with the Council, the Council and the Commission, which is binding as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods.

Disassociative stateA "disassociative state" is defined as a state where an individual is so focused to only one thing and forgets about the entire environment and has no recollection for a period of time.

Discretionary trustThis is a trust set up so that the trustees can decide who will benefit from the trust and how much they will get.

DissentTo disagree. The word is used in legal circles to refer to the minority opinion of a judge which runs contrary to the conclusions of the majority.

DissolutionThe act of ending, terminating or winding-up a company or state of affairs.

DistraintThe right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises.

Docket An official court record book which lists all the cases before the court and which may also note the status or action required for each case.

Domicile The permanent residence of a person; a place to which, even if he or she were temporary absence, they intend to return. In law, it is said that a person may have many residences but only one domicile.

Dominion directum [Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership].

Dominion utile [Latin: the property rights of a tenant] While not owning the property in a legal sense, the tenant, as having dominion utile , enjoys full and exclusive possession and use of the property.

Donee Another word to describe the beneficiary of a trust.

Donor The person who donates property to the benefit of another, usually through the legal mechanism of a trust.

Double jeopardyA general principle of criminal law that a person should not be at risk of being tried more than once on the same facts, nor punished more than once for the same offence.

EmbezzleThe illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his or her fraudulent action.

EmolumentA legal word which refers to all wages, benefits or other benefit received as compensation for holding some office or employment.

EmphyteusisCivil law: a long term (many years or in perpetuity) rental of land or buildings including the exclusive enjoyment of all product of that land and the exercise of all property rights typically reserved for the property owner such as mortgaging the property for the term of the emphyteusis or permitting a right of way.

Endorsement or IndorsementSomething written on the back of a document.

Endowment 1. The transfer of money or property (usually as a gift) to a public organization for a specific purpose, such as medical research or scholarships. 2. A type of life policy sometimes linked to a mortgage, it pays out a sum on maturity.

EngrossTo prepare a final copy of a deed or contract with all the formal clauses included, prior to its execution (i.e. signing) by the parties.

EscheatWhere property is returned to the government upon the death of the owner, because there is nobody to inherit the property.

EscrowWhen the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties.

EvidenceProof of fact(s) presented at a trial.

ex anteBased on prior assumptions or expectations; predicted, prospective.

ExecutorA person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative. A female is an executrix.

FelonyA serious crime.

ForeclosureThe technical meaning of the word is to wipe out a right of redemption on a property. Generally, this is what happens when someone does not pay their mortgage.

Four Freedoms The four freedoms provided for in the EC Treaty, namely the free movement of goods, the free movement of persons, the right of establishment and freedom to provide services, and the free movement of capital.

FraudDeceitful conduct designed to manipulate another person to give something of value by (1) lying, (2) by repeating something that is or ought to have been known by the fraudulent party as false or suspect or (3) by concealing a fact from the other party which may have saved that party from being cheated.

FreeholdA special right granting the full use of real property for an indeterminate time.

FreeholderA person who owns freehold property rights (i.e. in a piece of real estate; either land or a building).

GarnishmentThe seizing of a person's property, credit or salary, on the basis of a law which allows it, and for the purposes of paying off a debt.

GarnisheeA third party who has been ordered by a court not to pay a debt to anyone other than the first party who has obtained judgment against the debtor's own creditor.

General Agreement on Tariffs and Trade (GATT)Multilateral international treaty first created in 1947 and frequently amended (most recently in 1994) to which 125 countries subscribe. GATT provides for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The 1994 amendment created a World Trade Organization, which oversees the implementation of the GATT.

GoodwillAn intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.

Grant of probateThis is a certificate proving that the executors are entitled to deal with the estate. When a person dies the executors fill in various forms for the Probate Registry. The forms are sent to the registry together with the will and the death certificate. A registrar examines all the documents and, once satisfied with everything, arranges the issue of the grant of probate.

GuarantorA person who pledges collateral for the contract of another, but separately, as part of an independent contract with the obligee of the original contract. Compare with "surety." By the Statute of Frauds 1677 s.4 a guarantee must be evidenced in writing. Independent consideration is also required.

Habeas corpusLatin: phrase meaning 'may you have the body': legal remedy against being wrongly imprisoned.

Hereditaments Inheritable rights in land.

IncorporealLegal rights which are intangible such as copyrights or patents. See, corporeal and incorporeal hereditaments.

InadvertenceAn instance of being inadvertent; an oversight or slip, see advertence.

Indemnity"A right of someone to recover from a third party the whole amount which he himself is liable to pay. "

Inheritance taxThis is a tax the Government charges on people's estates.

InjunctionA court order that prohibits a party from doing something (prohibitive injunction) or compels them to do something (mandatory injunction).

InsolventAn individual who cannot pay his debts.

IntestacyThis happens when someone dies without leaving a will. Their estate is divided up between their relatives following the rules set by law.

inter alia [Latin: "amongst other things"]

Inter vivos[Latin: "between the living" (example: a gift between living persons). Used to describe a gift made during a person's lifetime, as opposed to being transferred by will after death.

Joint tenancyIf two or more people have identical shares in land they are joint tenants.

JurisdictionRefers to a court's authority to judge over a situation.

JurisprudenceTechnically, jurisprudence means the "science of law".

JusticeFairness.

KLandlordA land or building owner who has leased the land, the building or a part of the land or building, to another person.

LandThis is the ground, the buildings built on it, the subsoil below the ground, property fixed to the ground, and the airspace above the ground necessary for its ordinary use.

LawyerA person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation.Also known as a "barrister & solicitor". In the USA an attorney.

LeaseA special kind of contract between a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant.

LegislationWritten and approved laws. Also known as "statutes" or "Acts."

Letters of administrationThis is a document recording the court's permission for the administrator to deal with a dead person's property and pay the debts and legacies.

LiabilityAny legal obligation, either due now or at some time in the future.

LicenceA special permission to do something on, or with, somebody else's property which, were it not for the licence, could be legally prevented or give rise to legal action in tort or trespass.

LienThe right to hold the properly of another as security for the performance of an obligation. A maritime lien is a lien on a ship or freight, either possessory, arising out of contracts of carriage, or charging, arising out of collision or other damage. A vendor's lien is the right of a seller to retain the property till payment of the purchase price.

Life estateA right to use and to enjoy land and/or structures on land only for the life of the life tenant. The estate reverts back to the grantor (or to some other person), at the death of the person to whom it is given.

LimitropheAdjacent, bordering or contiguous.

Lineal descendantA person who is a direct descendant such as a child to his or her natural parent.

Liquidated damagesQuantum of damages that has been determined. A specific amount, for example. the cost of a replacement article, or the cost of repair to say a car.

LiquidationThe selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors.

Locus[Latin: the place].

Locus standi The right of a litigant to act or be heard.

Maastricht Treaty Treaty on European Union.

MaladministrationTo administer or manage inefficiently or dishonestly. Bad administration;

MalfeasanceDoing something that is illegal.

Maritime lawA very specific body of law peculiar to seamen, harbours and transportation by water.

MediationThe most popular form of alternative dispute resolution (ADR), mediation involves the appointment of a mediator who acts as a facilitator assisting the parties in communicating, essentially negotiating a settlement.

MinorA person who is legally underage. In the UK, it is 18 years of age. In the USA, each state sets an age threshold at which time a person is invested with all legal rights as an adult.

MisrepresentationA false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract.

MoratoriumThe temporary suspension of legal action against a person.

MortgageAn interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed.

mutatis mutandis[Latin: When the necessary changes have been made]

National Law Domestic law of a member state, as distinct from EU law.

NegotiateTo communicate on a matter of disagreement between two parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus.

Nemo dat quod non habet[Latin: nobody gives what he does not have].

Nemo judex in parte sua[Latin: no person can judge a case in which he is a party]. A fundamental principle of natural justice (the rule against bias). May also be called nemo judex in sua causa or nemo debet esse judex in propria causa.

Non-joinderWhen a person who should have been made a party to a legal proceedings has been forgotten or omitted.

NotaryAlso known as "notary public": a legal officer with specific judicial authority to attest to legal documents usually with an official seal.

NotwithstandingIn spite of, even if, without regard to or impediment by other things.

NovationSubstitute: novation can refer to the substitution of one thing for another.

OObligeeThe person who is to receive the benefit of someone else's obligation; that "someone else" being the obligor.

ObligorA person who is contractually or legally, committed or obliged, to providing something to another person;

Obstructing justiceAn act which tends to impede or thwart the administration of justice.

OffenceA crime; any act which contravenes the criminal law of the country in which it occurs.

OfferA explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. Official copy" copy of an official document, supplied and marked as such by the office which issued the original."

OmbudsmanA person whose occupation consists of investigating customer complaints against a variety of institutions.

Ombudsman(EU)Appointed by the European Parliament after each election for the duration of Parliament's term of office, the ombudsman is empowered to receive complaints from any citizen of the Union or any natural or legal person residing in a member state concerning instances of maladministration in the activities of the Community institutions or bodies (with the exception of the Court of Justice and the Court of First Instance).

Open ended agreementAn agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist.

OrsAn abbreviation, meaning "others", used in case names.

Out-of-court settlementAn agreement between two litigants to settle a matter privately before the Court has rendered its decision. Most civil actions are settled in this way.

ParalegalA person who is not a lawyer or is not acting in that capacity but who provides a limited number of legal services.

ParoleAn early release from prison in which the prisoner promises to heed certain conditions (usually set by a parole board) and under the supervision of a probation officer. Any violation of those conditions could result in the return of the person to prison.

PayeeThe person to whom payment is addressed or given.

PayorThe person who is making the payment(s).

Percolating waterWater which seeps or filters through the ground without any definite channel and not part of the flow of any waterway. The best example is rain water.

PerjuryAn intentional lie given while under oath or in a sworn affidavit.

PersonAn entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. Individuals are "persons" in law unless they are minors or under some kind of other disability, such as a court finding of mental incapacity.

Power of attorneyA document which gives a person the right to make binding decisions for another, as an agent.

PrecedentA case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court.

PrescriptionA method of acquiring rights through the silence of the legal owner. Known in common law jurisdiction as "statute of limitations."

Primacy Prevailing effect of one system of law over another.

Private lawLaw which regulates the relationships between individuals. Family, commercial and employment law are examples of private law because the focus of those kinds of laws is the relationships between individuals or between corporations or organizations and individual, with the government a bystander. They are the counter part to public law.

Pro formaAs a matter of form; in keeping with a form or practice.

PropertyThis is everything a person owns. Property is commonly thought of as a thing which belongs to someone and over which a person has total control.

ProsecuteTo bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings.

Punitive damages, or exemplary damagesSpecial and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature.

Quid pro quo[Latin: something for something.] The giving of something in exchange for another thing of equal value.

QuorumThe number of people who must be present at a meeting before business can be conducted.

Real property/realtyThis is land and buildings, minerals in the land and rights over the land. Immovable property such as land or a building or an object that, though at one time a chattel, has become permanently affixed to land or a building.

RecommendationAccording to art 249 of the EC Treaty (ex art 189), a measure adopted by the European Parliament acting jointly with the Council, the Council and the Commission, which shall have no binding force.

RedemptionBuying back. When a vendor later buys the property back.

Regulation According to art 249 of the EC Treaty (ex art 189), a measure adopted by the European Parliament acting jointly with the Council, the Council and the Commission, which shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

RemainderA right to future enjoyment or ownership of real property. The "left-over" after property has been conveyed first to another party. A remainder interest is what if left-over after a life estate has run its course. Contrary to a reversion, a remainder does not go to the grantor or his (or her) heirs.

RentThis is the consideration paid by a tenant to a landlord in exchange for the exclusive use and enjoyment of land, a building or a part of a building.

Repudiate Repudiation:Where by words or conduct a party indicates that he does not consider a pervious obligation as binding.

RescindTo abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract.

RespondentThe party that "responds to" a claim filed in court against them by a claimant.

Restitutio in integrum[Latin: restitution to the original position.] In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted.

ReversionA future interest left in a transferor or his (or her) heirs. A reservation in a real property conveyance that the property reverts back to the original owner upon the occurrence of a certain event.

RevokeTo revoke something is to cancel it or withdraw it.

Right of first refusalA right given to a person to be the first person allowed to purchase a certain object if it is ever offered for sale.

Riparian rightsSpecial rights of people who own land that runs into a riverbank (a "riparian owner" is a person who owns land that runs into a river). While not an ownership right, riparian rights include the right of access to, and use of the water for domestic purposes (bathing, cleaning and navigating).

SeisinThe legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. For example, a owner of a building has seisin, but a tenant does not, because the tenant, although enjoying possession, does not have the legal title in the building.

SentenceThe punishment given to a person who has been convicted (i.e. found to be guilty) of a crime.

SettlorThe person who actually creates a trust by donating property to be managed and administered by a trustee but from which all profits would go to a beneficiary. The law books of some countries refer to this person as a "donor."

SolicitorA lawyer who gives legal advice drafts documents such as contracts and wills, and arranges the purchase and sale of land and property. A solicitor's main work would not, typically, involve regular attendance at court for advocacy. His/ her involvement in litigation is usually confined to the pre-hearing stages. In the UK a lawyer cannot be both a solicitor and barrister.

StatutesThe written laws approved by legislatures, parliaments or houses of assembly (i.e., politicians). Also known as "legislation".

Sub judice[Latin: under a judge]. A matter that is still under consideration by a court.

SuccessorA person who takes over the rights of another.

TenantA person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent.

Tenants in commonSimilar to joints tenants. All tenants in common share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant.

TransfereeA person who receives property being transferred (the person from whom the property is moving is the transferor).

TransferorA person from whom property moves. Property is transferred from the transferor to the transferor. I sell you my house and in transferring title to you, I am the transferor and you, the transferee.

TreatyA formal agreement between two states signed by official representatives of each state.

TrespassUnlawful interference with another's person, property or rights.

TrustThis is an arrangement under which property is held by named people for someone else. Property given by a person called the donor or settlor, to a trustee, for the benefit of another person (the beneficiary or donee).

TrusteeThis is a person who holds property and looks after it on behalf of someone else. The person who holds property rights for the benefit of another through the legal mechanism of the trust.

Undertaking Any natural or legal person, of whatever judicial character, capable of carrying on some commercial or economic activity in the goods or services sector.

Unliquidated damagesQuantum of damages that has not yet been determined. So, not a specific amount.

Usufruct Means the rights to the product of another's property.

UsuryExcessive or illegal interest rate. V

VendorThe seller; the person selling, used frequently to describe the seller of a house or land.

VerdictThe decision of a jury. In criminal cases, this is usually expressed as "guilty" or "not guilty".

Without prejudiceA statements set onto a written document which qualifies the signatory as exempted from its content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.

WitnessThe common definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception).

Words of purchaseWords which specifically name the person to whom land is being conveyed. The property is conveyed to specifically and by name in a legal act such as a conveyance or will.

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