Law Dictionary

Abatement of nuisance As an alternative to an action, self-help is accepted. For example by cutting off overhanging tree branches. Sometimes it may be necessary to enter another's land to abate a nuisance, this normally requires permission except in an emergency. Local Authorities have a duty (for example under the Highways Act or the Environmental Protection Act 1990 ss 79-82) to secure abatement notices in respect of statutory nuisances.

A person specially injured can abate a public nuisance, to the extent necessary to prevent injury. Self-help should be approached with caution. Abduct To take someone away from a place without that person's consent or by fraud. See also "kidnapping". Abet The act of encouraging or inciting another to do a certain thing, such as a crime. For example, a principal will be equally liable to the same punishment as a person who aids or abets another to commit a crime. Ab initio [Latin] from the start or beginning Abolition movement Leading figures of the anti-slavery movement in Britain included the Yorkshire MP William Wilberforce, Thomas Clarkson (who devoted most of his life to the movement) and the former slave Olaudah Equiano (Gustavus Vassa).

The Society for the Abolition of the Slave Trade was founded in 1787, and the AntiSlavery Society in 1823. After vigorous campaigning, the British slave trade was abolished in stages, starting with the Atlantic slave trade in 1807. Slavery was abolished in the British West Indies and Cape Colony (South Africa) on 1 August 1834, leading the way to the abolition of slavery in other British colonies during the 19th and 20th centuries. Absolvitor A Scottish decree, or judgment, of Court, saying that the defender in a civil action has not done anything wrong - i.e. 'absolving him'. The verb from this is to 'assoilzie', (with the z silent, as in Dalziel).

Abstracting electricity Dishonestly using, wasting, or diverting electricity. Carries five years' imprisonment and/or a fine. Bypassing an electricity meter or reconnecting a disconnected meter or unlawfully obtaining a free telephone call (there is a more particular and less serious offence to deal with this). Computer hackers used to be charged with this offences, however the Computer Misuse Act 1990 made hacking a specific criminal offence. ACAS Advisory 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. In its conciliation function it may intervene, with or without the parties' consent, in a trade dispute to offer facilities and assistance in negotiating a settlement.

It employs conciliation officers who may assist parties to an application to an employment tribunal to reach a settlement. Earlier legislation removed the necessity for binding settlements of employment disputes to involve an ACAS conciliation officer: settlements can now be made when the individual has had independent legal advice from a qualified lawyer.

ACAS may give free advice to employers, employees, and their respective representatives on matters of employment or industrial relations. It issues codes of practice giving guidance on such matters as disciplinary procedures and disclosure of information to trade unions.

It may also conduct inquiries into industrial relations problems, either generally or in relation to particular businesses, and publish the results after considering the views of parties directly affected. ACAS can charge for its services when it considers that this is appropriate. The law on conciliation generally is contained in the Employment Tribunals Act 1996. 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. Acceptance An ingredient of properly formed contract under common law (others include 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 KB 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. a coelo usque ad centrum Latin. From heaven to the centre of the earth] the theoretical rights of the owner of property. See cujust est solum. 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 For example the "Theft Act 1968" Synonymous to statute, legislation or law.

The 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 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". A natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over, and therefore cannot be held accountable.

Where the law casts a duty on a party, the performance shall be excused, if it be rendered impossible by the act of God, but where the party by his own contract engages to do an act, it is deemed to be his own fault and folly that he did not thereby provide against contingencies, and exempt himself from responsibilities in certain events and in such case, that is, in the instance of an absolute general contract the performance is not excused by an inevitable accident or other contingency, although not foreseen by, nor within the control of, the party.

Distinguish, inevitable accident. Acts of Parliament Referred to as primary legislation.

Part of the work of Parliament is to make laws. These are called Acts of Parliament. Usually the House of Commons and the House of Lords both debate proposals for new laws and at this stage they are called Bills.

If both Houses vote for the proposals then the Bill is ready to become an Act. It can only be described as an Act when it has received Royal Assent from the Monarch. 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. Actus reus is sometimes used to describe the prohibited behaviour, the act.

Either way there is a presumption that there is behaviour independent of the mind which may be prohibited by law. Liability may also require mens rea.

Liability, for serious crimes is established by two findings 1) that the accused behaved in a way which was prohibited 2) he had mens rea in relation to that behaviour. "For some centuries English law, like most civilised legal systems, has made liability to punishment for serious crimes depend not only on the accused doing the outward acts which the law forbids, but on his having done them in certain conditions which may broadly be termed mental, these mental conditions of responsibility are commonly referred to by lawyers as mens rea." (Hart. Punishment, Guilt and Responsibility at p174 Adjournment A temporary postponement of legal proceedings. Advance decision ,also called advance directive, or a living will. Used to indicate a patient's wish to refuse all or some forms of medical treatment if the patient loses mental capacity in the future. It can't be used to request treatment.

An advance decision has the same effect as a refusal of treatment by a person with capacity: the treatment cannot lawfully be given. A doctor who treats a patient against his / her wishes may face civil liability or criminal prosecution, this includes treatment against the wishes contained in the advance decision.

Effective from 1st October 2007. The Mental Capacity Act 2005 allows the ending of life of a patient by medical intervention. Bluntly, whilst euthanasia remains illegal it will be possible to kill patients by starving them to death or ceasing medical treatment.

More detail here ad hominem [Latin] Personal criticism of a judge, particularly his judgment. Usually made by a more senior judge. Definition of actus reus: A person may incur criminal liability for failing to do that which the law requires him to do as much as by doing that which the law prohibits. The actus reus includes the state of affairs or circumstances surrounding the commission of the offence, together with the results or consequences (if any) that flow from that act or omission. It is essential that the defendant acted voluntarily and that he caused the injury, damage or harm. In other words, actus reus includes all the elements of the offence indicated in the definition except the mens rea (the state of mind), if any. Generally the accused's conduct must be a voluntary act or omission, and he will not be held liable for acts done in a state of automatism. Automatism resulting from self-induced intoxication is no excuse. The crime must be caused by some conduct by the accused. That conduct need not be a direct cause of the crime, but can be through the agency of others. The conduct need not be the sole or the effective cause of the crime, provided it cannot be dismissed as trivial, or as merely events leading up to the commission of the crime. Generally there is no obligation on anyone to prevent harm or wrongdoing. Omissions are only criminal where a duty to act arises at common law or is imposed by statute. Actus non facit reum nisi mens sit rea see Actus reus 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. The ad damnum part of a petition will usually suggest an amount in pounds that the claimant asks the 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. Ademption

Property identified in a will which 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". 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]. 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. Administrative law The body of law regulating the courts. Synonymous with "natural justice." Administrative law is that body of law which applies for hearings before quasi-judicial or administrative tribunals. This would include, as a minimum, the principles of natural justice as embodied in audi alteram partem and nemo judex in sua causa. Many quasi-judicial organizations or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure. Aegrotat [Latin, literally 'he or she is ill'] in some universities: a medical certificate, or a degree or credit awarded, when illness has prevented someone from taking examinations, etc. advertence Being advertent or heedfulness, attentive. Attention or consideration. From Latin advertere, to turn toward. a fortiori [Latin. Much more; with stronger reason] 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 normally 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. Commonly used in relation to State Benefits. Administrative tribunals are often referred to as "Commission", "Authority" or "Board." and of course "Tribunal". As in Employment Tribunal. 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. Administratrix A female administrator to whom letters of administration are granted. ADR Abbreviation for alternative dispute resolution. Alternative Dispute Resolution. Methods of resolving disputes which do not involve the normal trial process. 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, in part. 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 [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. Since Part 9 of the Land Registration Act 2002, which was brought into force on 13 October 2003, it is no longer possible for a squatter to obtain land without first informing the registered owner. A squatter is entitled to apply to the Land Registry to be registered as proprietor after ten years' adverse possession (s97 and Sched 6). The Land Registration Act 2002, here. The Land Registration Rules 2003, here. Advocate A 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. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness. Affidavit: A written, sworn statement of evidence. (Civil Justice Rules). 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 claimant/victim. "Aggravated damages: Aggravated damaged: Additional damages which the court may award as compensation for the defendant's objectionable behaviour" (Civil Justice Rules). Aggravating Factors making a situation worse. For example, burglary is aggravated in the eyes of a court if the burglar is armed, or injures someone while committing the offence. 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. Aliment English maintenance or alimony in Scotland is aliment. Alimony An amount given to one spouse to another while they are separated. Not now used and so of historical interest only. 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. Alienate To sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, especially real property. Allodial

A kind of land ownership that is unfettered, outright and absolute. It is the opposite of the feudal system and supposes no obligation to another (i.e. a lord). Allonge A piece of paper which has been attached to a contract, a cheque or any promissory note [for example a bill of exchange (Bills of Exchange Act 1882 s32(1))], 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 thirdparty 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. Alternative dispute resolution: Collective description of methods of resolving disputes otherwise than through the normal trial process. (Civil Justice Rules). Amalgamation The merging of two things together to form one such as the amalgamation of different companies to form a single company. Amity [From Old French amiti, from Latin amicus friend] Friendship; friendly relations. 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 UK has sent ambassadors to live, and represent the UK, in almost all other countries. Ambulatory Something 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. a mensa et thoro [Latin. From board to bed] 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. 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 Animus possidendi [Latin: intentional possession] An attitude of mind of the possessor of property; usually used to defeat proceedings for the repossession of land from squatters. Possession contains an element of intention (animus possidendi), which distinguishes it from mere custody. The animus possidendi is where the person who has custody of the property knows and intends that he is holding the property for his own benefit against the interests of another (the true owner). Where there is detention of property but no animus possedendi, there is no possession but merely custody. 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. Often referred to as a pre-nuptial agreement. These agreements have no force in English Law. Anton Piller Order Formerly an order by a court in a civil case allowing a party to inspect and remove a defendant's documents, especially where the defendant might destroy evidence. Called after the case of K.G. v Manufacturing Processes Ltd (1976). Now called a Search Order.

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. In UK referred to as restrictive trade practices. a posteriori [Latin. From the effect to the cause] used to describe inductive reasoning. See syllogism. cf a priori Appeal To 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. Appearance The 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" .

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. Applicablity Please see Direct Applicability, here 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 land law 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. 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.. It differs from a right of way, which is simply an easement or interest which confers no interest in the land. a priori [Latin. From the cause to the effect] used to describe deductive reasoning. See syllogism cf a posteriori Arbiter An 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. An alternative dispute resolution method by which an independent, neutral third person ("arbitrator") is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an "award." Compare with mediation. Arraignment In 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. The arraignment is the final preparatory step before the criminal trial. 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 Arrestable offence

Until 1 Jan 2006 the concept of arrestable offence was relevant to powers of the police to arrest for serious offences. Since that date "arrestable offence" had no meaning. Lecture notes here Arson In the UK arson is simply committing criminal damage by fire. 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. Arteriosclerosis A chronic disease in which thickening, hardening, and loss of elasticity of the arterial walls result in impaired blood circulation. The relevance in the defence of insanity is that it can slow the blood circulation to the brain. It develops with aging, and in hypertension, diabetes, hyperlipidemia, and other conditions. Assault From the following definitions it can be establish that there must be an act (noting DPP v Santa-Bermudez (2003) DC) accompanied by a hostile intent calculated to cause apprehension in the mind of the victim. Where the hostile intent is not present, there will be no assault R v Lamb [1967] CA unless it is proved that the alleged assailant was reckless as to whether the complainant would apprehend immediate and unlawful violence.

James J in Fagan v Commissioner of Metropolitan Police [1968] DC Per curiam Definition of assault: "An assault is any act which intentionally - or possibly recklessly - causes another person to apprehend immediate and unlawful personal violence."

Lord Lane in Attorney General's Reference (No 6 of 1980) (1981) CA Per curiam Definition of assault "... the actual intended use of unlawful force to another person without his consent, or any other lawful excuse."

Goff LJ in Collins v Wilcock (1984) QBD: "An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person; a battery is the actual infliction of unlawful

force on another person ... any touching of another person, however slight, may amount to battery."

Lord Slynn in R v Brown (1993) HL Definition of assault: "At common law, an assault is an act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence and a battery is an act by which a person intentionally or recklessly inflicts personal violence upon another. However, the term 'assault,' is now, in both ordinary legal usage and in statutes, regularly used to cover both assault and battery." Assent In relation to wills, this is a document used by personal representatives to transfer property to a beneficiary. Asset This is something owned such as a building, a vehicle or money in the bank. 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. Assizes An assize trial was a trial by jury. In its most settled and enduring form 'the assizes' meant the routine of bringing royal justice to various parts of the country. Two commissioners travelled one of six circuits twice a year during the vacations of the royal courts at Westminster. The commissioners were given powers to 'hear and determine' criminal cases, try or release prisoners in gaols ('gaol delivery'), and hear civil cases that would otherwise have come to the royal courts. See also Oyer and Terminer. Assumpsit [He promised or undertook] A cause of action abolished by the Judicature Acts 1873 to 1875. A common law action that developed into an action in contract. Originally it was a common law action which grew out of the action of trespass on the case. If the defendant failed to perform an undertaking it gave rise to assumpsit, a cause of action analogous to deceit. It was later used for the action of debt. These were known as actions assumpsit of indebitatus (common or money counts) and used in contract cases. If the agreement was under seal (a speciality contract), an action of covenant would be used.

Attainder In medieval times, the extinction of civil rights took place when judgement of death or outlawry was recorded against a person who had committed treason or a felony. It involved the forfeiture and reversion to the Crown of the land and goods belonging to the person attainted. It could also result from a Bill of Attainder brought against an individual in Parliament. Attest This means to sign to witness a signature on a document. 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 USA: 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 General Government law officer. Attorney General's Reference 36(1) of the Criminal Justice Act 1972. 'Where a person tried on indictment has been acquitted...the Attorney-General may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the court, and the court shall, in accordance with this section, consider the point and give their opinion on it.' 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. 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. Similarly "autrefois convict" can be pleaded that the defendant has previously been convicted on the same facts.

Both underlie the principle of double jeopardy which applies to all offences in the ELS except serious offences when significant new evidence comes to light. This change occurred as a result of the Criminal Justice Act 2003 part 10. See also Ne bis in idem and Double Jeopardy. a verbis legis non est recedendum [Latin. You must not vary the words of a statute.] a vinculo matrimonii [Latin. From the bond of matrimony.] In the context of divorce. Avizandum [Latin] Used in Scots law and means 'to be considered'. Either when matters are submitted privately to a judge, or when a Judge does not decide upon the result of a hearing straight away, he/she 'makes avizandum'. 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. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a "trustee in bankruptcy", from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his or her commercial and financial affairs are administered under the strict supervision of the trustee. Bankruptcy usually involves the removal of several special legal rights such as the right to sit on a board of directors or, for some professions, that form part of the justice system, to practice, such as lawyers or judges. Credit is limited to a fixed amount, currently about 250 pounds. Commercial organisations usually add other non-legal burdens upon bankrupts such as the refusal of credit. The duration of "bankruptcy" status varies but it does have the benefit of erasing most debts even if they were not satisfied by the sale of the debtor's assets. Bare trust A trust that has become passive for the trustee because all the duties the settlor may have imposed upon the trustee have been performed or any conditions or terms have come to fruition, such as there is no longer any impediment to the transfer of the property to the beneficiary. 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.

Nevertheless, in England and Wales, barristers and solicitors work together: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for an opinion or advocacy in the courts. Lawyers in other countries sometimes use the title "barrister and solicitor" because there is no legal distinction between the roles. In the USA all lawyers are referred to as "attorneys". In the UK a lawyer cannot be both a solicitor and barrister. Barrister's wig Headgear worn by barristers when appearing in certain courts. They are not worn in all courts, for example in a magistrate court or when before a judge in chambers and on some other occasions a barrister will be without his/ her wig. When a wig is worn it is always together with a black robe and double-tabbed linen band that serves as a collar, a tie is not worn More here. They are generally made of horse hair and can be hot and itchy. They cost around 400. Base rate The interest rate set by the Bank of England which is used as the basis for other banks' rates. (Civil Justice Rules) Bastard An illegitimate child, born in a relationship between two persons that are not married (i.e. not in wedlock) or who are not married at the time of the child's birth. Battered Woman Syndrome A post-traumatic stress disorder. The jury in a murder trial can consider Battered Woman Syndrome as a relevant characteristic, which makes her more prone to loss of self-control. In 1994 battered women's syndrome was included for the first time in the British classification of mental diseases. An appeal out of time was allowed in R v Hobson [1998] CA and a retrial ordered to consider the new medical evidence. Battered woman syndrome was confirmed as a characteristic in R v Smith (Morgan) [2001] HL In 2005 the position appeared to be reversed following Jersey v Holley [2005] PC.

Bench A judge in court session. Beneficiary In a legal context, a "beneficiary" usually refers to the person for whom a trust has been created. May also be referred to as a "donee" or, as a cestui que trust. Trusts are made to advantage a beneficiary (i.e.. A settlor (also called a "donor") transfers property to a trustee, the profits of which are to be given to the beneficiary). This is a person who benefits under a will. Bequeath This is to leave something in a will. Benefit of clergy Extensively from the middle ages onwards, whereby being a member of the clergy removed the jurisdiction of secular courts. There are many myths (legal fictions) surrounding this privilege. Bequest This is something given in a will, other than land or real property. Berne Convention An international copyright treaty called the Convention for the Protection of Literary and Artistic Works signed at Berne, Switzerland in 1886 (amended several times and as late as 1971) and to which now subscribe 77 nations including all major trading countries including China, with the notable exception of Russia. It is based on the principle of national treatment. Bigamy Being 'married' to more than one person at the same time. As it is not possible to be married to two people at the same time the expression 'a form of marriage' is used. This is a criminal offence in most countries. Bill of exchange A written order from one person (the payor) to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at some fixed future date, a certain sum of money, to either the person identified as payee or to The collective noun for magistrates.

any person presenting the bill of exchange. A cheque is a form of bill of exchange where the order is given to a bank. 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. Black letter law Phrase used to describe law as it is formally written and not necessarily in context for example not law in a social or political context. The phrase "Black letter law" is often used to reflect the learning of law at universities in contrast with the Bar Vocational Course or the Legal Practice Course which is law as a practical subject. Blackstone, William William Blackstone was born on July 10, 1723, educated at Charterhouse and Pembroke College Oxford, called to the Bar in 1746, and appointed Solicitor-General in 1763.

His lectures were published between 1765 and 1769 in the form of Comm entaries on the Laws of England.

In 1768 he entered Parliament, and in 1770 was appointed a judge of the Common Pleas. He died on February 14 1780.

In addition to his famous Commentaries, he was the author of an Analysis of the Laws of England, and two volumes of reports. Blind trust A trust set up by a settlor who reserves the right to terminate the trust but other than that, agrees to assert no power over the trust, which is administered without

account to the beneficiary/settlor or the retention of any other measure of control over the trust's administration. It is a convenient for an individual to use a blind trust to avoid any conflict of interest. Boiler rooms UK fraud and sharp practice (scams) involve boiler rooms, which are offices, usually overseas, used to sell shares to UK investors.

Boiler rooms have the appearance on paper as firms, but they only have that appearance. They target their victims by phone.

"Investors" can be the victims of multiple scams for example buying worthless shares from an unauthorised firm and then later being approached by a "different firm" which offers to sell the shares at a vast profit providing a "fee or tax" is paid up front.

Boiler rooms are not authorised by the Financial Services Authority (FSA) and act illegally by selling and promoting the sale of shares in the UK.

Often shares that are sold are not listed on stock exchanges and can be very difficult for investors to sell on.

Most boiler rooms operate outside the UK and are beyond the reach of the FSA who is limited to targeting companies linked to them.

Boiler room forum, here. 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. In the UK, the crown (exchequer) becomes owner of all bona vacantia property. This often occurs when a person dies intestate. Born out of wedlock Born of parents who were not married at the time of birth. 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 the Peace The word peace in Breach of the Peace is thought by most to mean the opposite of war. Many police officers and magistrates consider a broader interpretation meaning not to annoy and not to be rowdy any breach of the normal state of society.

The leading case is R v Howell [1982] CA. The definition in Howell is: We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. Some courts use the broader definition per Lord Denning MR in R v Chief Constable of Devon and Cornwall, ex parte Central Electricity Generating Board [1982] CA.

Denning held that mere physical obstruction of a person lawfully going about his business could in itself amount to a breach of the peace, without the need for any violence to have been caused or to be likely.

There cannot be a rigid definition because the courts need to keep pace with changing circumstances ((1999) 27 E.H.R.R. 493, para 41 ).

In Steel and Others v United Kingdom (1998) 28 EHRR 603 , the five applicants had all been arrested for breach of the peace and contended, as one of the grounds of their applications to the authorities in Strasbourg, that breach of the peace was too ill-defined a concept to meet the requirement that the ground of their arrest be "prescribed by law" within the meaning of article 10(2) of the European Convention.

This complaint was successfully repelled by the British Government. The Commission (pp 627-628, paras 146-148) considered that the concept had been defined by the passage in R v Howell quoted above. The court considered that the concept had been clarified by the English courts over the past two decades, and now had a meaning which was sufficiently established.

The accuracy of this definition has been generally accepted.

So the definition is still vague and it is not possible to predict with any degree of with certainty whether any particular type of behaviour qualify as a breach of the peace.

The conduct in question does not itself have to be disorderly or a breach of the criminal law. It is sufficient if its natural consequence would, if persisted in, be to provoke others to violence, and so some actual danger to the peace is established (Percy v Director of Public Prosecutions (1995) QBD

A breach of the peace is not, as such, a criminal offence, but founds an application to bind over. The standard of proof is nevertheless the criminal standard, beyond reasonable doubt. 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. Buggery Synonymous with sodomy and referring to "unnatural" sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act also known as "bestiality"). Most countries outlaw bestiality but homosexual activity is gradually being decriminalised. It is not unlawful in the UK in certain circumstances. Burden of proof A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed. Burglary Theft Act 1968, s. 9 (1) A person is guilty of burglary if; (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any person therein, and of doing unlawful damage to the building or anything therein. Section 9 creates two separate offences: one of entering a building (or part of a building) as a trespasser with the requisite intent, contrary to s. 9(1)(a); the other of

having entered a building (or part of a building) as a trespasser and committing one of the four specified offences, contrary to s. 9(1)(b).

Cabinet The Cabinet is where political power resides. A 15-25 member Cabinet is appointed by the Monarch on the prime minister's recommendation, from the membership of the House of Commons, the House of Lords, or even from outside Parliament. The number varies according to the prime-ministerial style.

These persons serve as chief executive officer of the largest and most important government departments. This select group also meets collectively to plan government policy and programs and, together, ensure that all government departments support the government's legislative and political agenda.

Cabinet's policy directions are translated into laws that are then brought before Parliament for approval. In this manner, the political will of the government is implemented. Ministers are responsible to Parliament for the proper functioning of their departments and would be expected to resign if their department failed or erred in an important duty or matter of state.

There are more departments than there are vacancies in the Cabinet. Consequently, not all department heads appointed from the ranks of Parliament, are members of the Cabinet. Canon law The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system.

Some citizens resort to canon law, however, for procedures such as marriage annulments to allow for a Christian church marriage where one of the parties has

been previously divorced. Many churchgoers and church officers abide by rulings and doctrines of canon law. Also known as "ecclesiastical law." CAFCASS CAFCASS looks after the interests of children involved in family proceedings. It works with children and their families, and then advises the courts on what it considers to be in the children's best interests. CAFCASS only works in the family courts. Call An expression used to denote the experience of a barrister. One who was called to the bar in 1998 would be said to have 6 years call in 2004 Capital punishment The most severe of all sentences: that of death, which in the UK was by hanging. Also known as the death penalty, capital punishment has been banned in many countries including the UK, in the UK the death penalty was permanently removed for all offences by the Human Rights Act 1998.

In the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offences such as murder Case law The entire collection of published legal decisions of the courts, which, because of stare decisis, contributes a large part of the legal rules that apply in modern society.

If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law." In other words, the rule is not in the statutes but can be found as a principle of law established by a judge in some recorded case. The word jurisprudence has become synonymous for case law. Causation The rule particularly in criminal law that the defendant has to have caused the result or consequence. The causation can be either in law or in fact. So, death is the result

or consequence of murder and has to be strictly proved by the prosecution. Often the 'but for test' is applied, 'but for what the defendant did would the result have occurred?'. Causa sine qua non [Latin: without which not]. Literally translated = cause without which - the event - could not have occurred. Similar to the "but for test" that is found in articles on causation in criminal law. "But for" the action of D would the consequences have occurred? If the answer is "No" then there is no factual causation. See Sine qua non, 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. Consumer legislation has radically reduced the impact of caveat emptor in consumer sales. CEDR The Centre for Effective Dispute Resolution is the leader in the development of neutral-assisted dispute resolution.

It is a non-profit organisation and its mission is to encourage and develop cost effective dispute prevention and dispute resolution in commercial and public sector disputes and in civil litigation.

CEDR operates in the UK and internationally and has been instrumental in helping to bring mediation into the heart of business practice and into the judicial system. CEDR Mediator Accreditation is recognised as an international standard. www.cedr.com 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.

For example, a certiorari may be used to quash a decision of an administrative tribunal that was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.

A prerogative order since 1938, and since 1977 only available by way of Judicial Review Cestui que trust or cestui que use [Latin: for the beneficiary or donee of a trust]. Ceteris paribus [Latin all things being equal or unchanged.] Champerty When 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.

Principally, the agreement stipulates places of loading and delivery and how the freight is to be paid for. In addition, it includes details of lay days, and demurrage. The test is: has the owner parted with the whole possession and control of the ship?

Chaste A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins. Chattel A 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.

A piano is chattel but a flat, a tree or a concrete building foundation are not. The opposite of chattel is real property, which includes lands or buildings. All property, which is not real property, is said to be chattel.

"Personal property" or "personalty" are other words sometimes used to describe the concept of chattel. The word "chattel" came from the feudal era when "cattle" was the most valuable property besides land Chattel mortgage When 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 personal These are tangible goods (goods that can be touched) such as furniture, clothes, watches and so on. Chattels real This is another name for leasehold land. Cheque A 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.

An intangible asset such as a claim to money as where A owes money to B. In such a case, the debt is a chose in action. Other forms of property are also included such as copyright in a book and a potential claim on an insurance policy. In essence, a chose in action is a piece of property, which the owner has the right to recover by court action if it is withheld.

The financial entitlement is often represented by a cheque. In an A.P. Herbert story the fictitious character Albert Haddock wrote a cheque to the Inland Revenue on the side of a cow, and led the cow to the tax offices. Missing the joke, an American paper The Memphis Press-Scimitar published the case of "the negotiable cow" as true, since when the myth of this being a real case has often been repeated. Circumstantial evidence Evidence 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.

In these cases, the lawyer will provide the judge or jury with evidence of the circumstances from which a jury or judge can logically deduct, or reasonably infer, the fact that cannot be proven directly; it is proven by the evidence of the circumstances; hence, "circumstantial" evidence.

Fingerprints are an example of circumstantial evidence: while there may be no witness to a person's presence in a certain place, or contact with a certain object, the scientific evidence of someone's fingerprints is persuasive proof of a person's presence or contact with an object. Citation 1. 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. Civil law Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws, which apply to them and which judges, must follow Civil restraint order Formerly a Grepe v Loam order, used to prevent further actions by a 'vexatious litigant.

A civil restraint order may be made at any level of court and by any level of judge. In its simple form it is only apt to prohibit the issue of further applications within a single set of proceedings without the permission of a judge.

A civil restraint order is likely to be appropriate when the litigants conduct has the hallmark of one who is content to indulge in a course of conduct which evidences an obsessive resort to litigation and a disregard of the need to have reasonable grounds for making an application to the court.

Normally, a civil restraint order would not be made until after the litigant has made a number of applications in a single set of proceedings all of which have been dismissed because they were totally devoid of merit. Created in the judgment of Bhamjee v Forsdick [2003]. Clandestine Something 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. A "clandestine marriage" would be one that does not comply with laws related to publicity. Class action When 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.

Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies Clayton's Case The case, which established a presumption that monies withdrawn from a money account are presumed to be debits from those monies first, deposited. First in, first out. The proper citation is Devaynes v Noble (1816) and the presumption is not applicable to fiduciaries, who are presumed to withdraw their own money first, and not trust money Clean hands A 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 privilege A 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.

It puts Parliament, in principle, on an equal footing with the Council. If they agree the act is adopted at first reading; if they do not agree the proposal undergoes a second reading; if the second reading is unsuccessful the act can only be adopted after successful conciliation; see also Consultation Procedure; Cooperation Procedure and Conciliation Committee. Codicil An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil. The codicil must be signed by the testator and the signature must be witnessed by two people who do not benefit under the will. Codification In most countries whole areas of law are contained in a single code rather than, as in England and Wales, being divided between the common law, which is derived from decisions of judges over the centuries, and statute law enacted by Parliament. Coke, Sir Edward Sir Edward Coke was born February 1, 1551, called to the Bar by the Inner Temple in 1578, became Recorder of London, 1591-92, Solicitor- General, 1592, member and speaker the House of Commons, 1593, Attorney-General, 1594, was knighted on the accession of James I, made Chief Justice of the Common Pleas, 1606, of the Kings Bench, 1613, from which he was removed in 1616 and committed to the Tower in consequence of resistance to the king and the Court of Chancery; he was again returned Parliament in 1621, and died on September 3, 1633.

Coke, as a champion of the common law was bitterly hostile to the courts of equity, and the controversy between Coke and Lord Ellesmere, the Chancellor, was acute. He stood up to James I on the question of interfering with the judges, and also protested against capital punishment - the cursed gallows tree - frequently in use in his day for the most trivial of offences.

His principal works are the Institutes of the Laws of England; commentary on many Acts of Parliament; and an account of various courts; thirteen volumes of law reports; and a volume of law tracts Although he was a famous text-writer and reporter among English lawyers, one of his characteristics was said by Sir James Stephen to be an utter incapacity for anything like correct language or consecutive thought. Lord Campbell, however, wrote in the nineteenth century that his works may be studied with advantage, not only by lawyers, but by all who wish to be well acquainted with themanners and customs prevailing in England in times gone by. 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 descendant A descendant that is not direct, such as a niece or a cousin. Collateral source rule A rule of tort law which holds that the tortfeasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other "collateral" sources as a result of the tort (e.g.. insurance benefits Collusion

A 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. For example, if the partners in a marriage agree to lie about the duration of their separation in order to secure a divorce. 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. Commission A 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.

Commissions usually also have advisory powers to government, for example the Law Commission. The organisational form of a commission is often resorted to by governments to investigate exhaustively a matter of national concern, and is often known as a "commission of inquiry."

This legal structure can be contrasted with a council, the latter not enjoying quasijudicial or regulatory powers Committal hearing A 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. Committee A 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. A committee only has those powers that have been assigned to it by the constituent assembly.

Most are merely created to study matters in detail and to then report to the larger group. This saves the larger assembly time when it meets and allows it to review and approve a greater number of items, relying on the committee's report and recommendations. Committees are either standing or ad hoc (this latter kind is also known as a "special committee).

The committee stage of a bill through parliament. Common law Judge-made law or 'case law'. Has its origins in the reign of Henry II.

A body of legal rules and principles contained in the decisions of the judges, particularly judges in the higher courts in the hierarchy.

Judges develop rules and principles in cases coming before them, therefore these are practical in nature and not hypothetical rulings.

Common Law can be identified by legal precedents some dating back hundreds of years. For example, murder is an offence created by common law. Judges apply rules and principles found in precedents, or they create a precedent to apply to a difficult or novel problem in cases before them.

Common law is so called because of the gradual change, during the Middle Ages, from separate systems of local customary law in various regions to a uniform legal code common the entire country. What developed were powerful central courts spreading their tentacles to all the regions.

Common law is to be contrasted with Parliamentary law which is produced by politicians and civil servants through Parliament and by delegated powers.

Where Parliamentary law and common law conflict Parliamentary law prevails.

Common law is to be contrasted with civil law or Roman Law which are typified by written codes.

Common law is to be contrasted with Equity which developed to soften the rigid judgments of medieval common law judges.

The rise of Equity was spurred by the need to obtain a writ (claim form) 500 years ago which was accompanied by bureaucratic complications and cases were lost because of minor technical defects.

Furthermore, the only remedy at common law was damages (money compensation) and there was no remedy for breach of contract. A further development of Equity was to allow the transfer of property through trusts.

For several hundred years, there were separate courts for common law and for equity.

Where Equity and Law conflict Equity prevails.

Common Law offences include murder and kidnapping. Common share The 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). Company A 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.

Also known as a "corporation." The primary advantage of a company structure is that it provides the shareholders with a right to participate in the profits (by dividends) without any personal liability (the company absorbs the entire liability of the business). Comparative negligence (see Contributory negligence below) A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage Condition precedent A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

Many house purchase contracts have a condition precedent that states that the contract is not binding until and unless the property is subjected to a surveyor's inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent." Condition subsequent A condition in a contract that causes the contract to become invalid if a certain event occurs e.g. marriage, a Royal event etc.

This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract that is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs Conditional Fee Agreement (CFA) Usually referred to as a 'no win no fee' arrangment.

A Conditional Fee Agreement (CFA) is a type of arrangement whereby payment to the solicitor is dependent upon the result of the proceedings, and is permitted (in certain instances) by Section 58 of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 1998.

Under a CFA, a solicitor can charge his client his usual hourly rate (charge out rate), plus an uplift (or "success fee"), if he pursues his clients' case successfully. Condonation A court will refuse to grant a divorce if there has been "condonation," which is the obvious or implied forgiveness of the fault. For example, if the "injured" spouse resumes cohabitation with the "guilty" spouse after being informed of the adultery, and for a long period or time, the "injured" spouse may be barred from divorce on the grounds of adultery because of "condonation".

Divorces can be obtained by showing that the marriage has irretrievably broken down. Section1(1) MCA 1973 provides the sole ground for divorce - the irretrievable breakdown of marriage. But, this can only be proved by one of the 'five facts' set out in 1(2) MCA 1973: a. adultery - by the respondent and the petitioner finds it intolerable to live with the respondent

b. behaviour - the respondent has behaved in such as way that the petitioner cannot reasonably be expected to live with the respondent c. desertion by the respondent for a continuous period of two years d. separation for two years AND the respondent's consent to divorce e. five years separation without the respondent's consent s1(4) MCA 1973, presumes that where one of the five facts has been proven, the marriage will be taken to have broken down irretrievably.

The s1(2) grounds also apply for those seeking a decree of Judicial Separation, whereby the marriage is not dissolved but the parties no longer under any legal duty to live together, although here the marriage does not have to be shown to have broken down irretrievably (s17 MCA 1973). Confiscation

Criminal confiscation is governed by the Proceeds of Crime Act 2002. (previously by the Criminal Justice Act 1988 and the Drug Trafficking Act 1994).

Confiscation is a misnomer. If an offender has benefitted from his criminal conduct the court will make an order for the value of the benefit so obtained, subject to the offenders ability to pay. This creates a statutory debt that may be enforced against any of the offenders assets , whether or not they are the proceeds of crime. The offender cannot evade a confiscation order simply because, say, the property he stole has been recovered. Parliament intended confiscation to be draconian.

What is meant by obtaining a benefit i s not always clear but is of central importance in criminal confiscation. Confession A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime.

Consensus A 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. Consideration Under 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".

Common law did not want to allow gratuitous offers, those made without anything offered in exchange (such as gifts), to be given the protection of contract law. Therefore, they added the criteria of consideration.

Consideration is not required in contracts made in civil law systems and many common law states have adopted laws that remove consideration as a prerequisite of a valid contract. Consign To 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. Consolidation

Consolidation of statute law involves putting together in one Act of Parliament, or in a group of Acts, all the existing statutory provisions previously located in several different Acts, all of which can then be repealed.

In 1992 all the law on social security was consolidated into three Acts. The law itself remains unchanged, but those who use it - both lawyers and the courts, and the general public - can now find it all in one place. Conspiracy An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators Constitution The 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.

Constitutions are not necessarily written and may be based on aged customs and conventions, as is the case in the UK, Israel and New Zealand. Other nation states have written constitutions Construction The legal process of interpreting a phrase or document; of trying to find its meaning. Whether it is a contract or a statute, there are times when a phrase may be unclear or have several possible meanings. Then, either lawyers or judges must attempt to interpret or "construct" the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to rules of interpretation, or the Interpretation Act that gives legal construction guidelines. Generally, there are several types of construction methods including: literal (strict) or liberal. Constructive dismissal Where 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.

In these cases there is in fact, no dismissal on the part of the employer. For example, if an employer bullies or discriminates against an employee in such a manner that the employee feels he cannot continue in the employment, the employee can sue for constructive dismissal.

The remedy for such a breach usually lies in an employment tribunal. Constructive trust A 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 court An 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). Contingency fee A method of payment of legal fees represented by a percentage of an award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber (e.g.. 10 pounds an hour) or the lawyer might "gamble" (i.e. "contingency" fee) and agree to only get paid if the claim is successful and by taking a portion (e.g.. one third) of any award that comes after the action.

For example, if you go and see a lawyer because, your have had an accident at work, the law firm might say: "no money up front - in fact, we are not paid a penny unless you win your case - but then, we take one third off the top of any award you might get." This allows the client to receive legal services without putting any money down and it allows the lawyer to advertise, "we don't get paid unless you do."

English lawyers have always regarded it as improper to have an interest in the outcome of a case. Contingency fees, as such, have been banned since the Statute of Westminster in 1275. Instead, lawyers in England and Wales have developed a conditional fee system, where the lawyer is paid nothing if he loses but as much as double his normal fee if he wins.

Contingent legacy This is a gift in a will which depends on a particular event happening. Contingent will This is a will that only becomes effective if a stated event happens. contra bonos mores [Latin: "wrong in the judgment of the majority of fellow citizens"

In the view of the European Court of Human Rights, the expression "contra bonos mores" is particularly imprecise. It does not give sufficiently clear guidance as to future behaviour. Hashman and Harrup v United Kingdom, [ 1999l 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.

The reason is that courts expect the person who drafted the contract to take care and in some cases to have been in a more powerful position, for example a business writing standard contracts for consumers. Contract

An agreement between persons that obliges each party to do or not to do a certain thing. Technically, a valid contract requires an offer and an acceptance of that offer, and, in common law countries, consideration. Contract law That body of law that regulates the enforcement of contracts. Contract law has its origins thousands of years as the early civilisations began to trade with each other, a legal system was created to support and to facilitate that trade.

The English and French developed similar contract law systems, both referring extensively to old Roman contract law principles such as consensus ad idem or caveat emptor. There are some minor differences on points of detail such as the English law requirement that every contract contain consideration.

More and more states are changing their laws to eliminate consideration as a prerequisite to a valid contract thus contributing to the uniformity of law. Contract law is the basis of all commercial dealings from buying a bus ticket to trading on the stock market.

International contracts are often subject to the UNIDROIT rules. Contribution A 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). Contributory negligence The negligence of the claimant which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the defendant to cause the tort, and without which the tort would not have occurred Conversion The action of conversion is a common law legal proceeding for damages by an owner of property against a defendant who came across the property and who, rather than

return the property, converted that property to his own use or retained possession of the property or otherwise interfered with the property.

The innocence of the defendant who took the property is not an issue. It is the conversion that gives rise to the cause of action. This common law action replaced the old action of trover by English law dated 1852. See now Tort Interference With Goods Act. Compare with detinue.

Conveyance A 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.

A mode of transport relevant in the Theft Act 1968. Conviction The formal decision of a criminal trial that finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defence. Once convicted, an accused may then be sentenced. COPINE To distinguish between child pornographic content, authorities rank material on a sliding scale of severity from one to five. This system is based upon the COPINE Typology and ranges from semi-nude/nude photographs (level one) through to penetrative sexual assault (level four) and sadism or bestiality (level five).

Sentencing guidelines are based upon categorisation with tariffs reflecting the quantity of images, the severity of such, how long they have been held, whether the materials have been catalogued and organised, how the images were acquired/created, and whether they are a trophy of the offenders own sexual abuse of a child.

Coparcenary An obsolete co-ownership mechanism of English law where property, if there was no will, always went to the eldest son. If there was no male heir, the property went to all the female children collectively as a form of co-ownership. Copyright The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work. Most countries have expanded the definition of a "literary work" to include computer programs or other electronically stored information Coram Judge or judges present during a hearing or trial, or the judge who makes a ruling.

Always recorded by a barrister on his/her brief to show before whom he/she appeared, sometimes used by case reporters. Coroner A public official who holds an inquiry into violent or suspicious deaths. A coroner has the power to summon people to the inquest. Corporal punishment A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body. A fine or imprisonment is not considered to be corporal punishment (in the latter case, although the body is confined, no punishment is inflicted upon the body).

The death penalty is the most drastic form of corporal punishment and is also called capital punishment.

Some private schools still use a strap to punish pupils, but it is unlawful in state schools and has been held to be contrary to a child's rights by the European Court of Human Rights.

Some countries still punish habitual thieves by cutting off a hand. These are forms of corporal punishment, as is any form of spanking, whipping or bodily mutilation inflicted as punishment. Corporate secretary or Company Secretary Officer 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. Corporation A 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.

Also known as a "company." The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits (by dividends) without any personal liability because the company absorbs the entire liability of the organisation. Corporeal Of land law, capable of being physically possessed as are bricks and soil, it includes some structure erected on land. As in incorporeal hereditaments (Theft Act 1968) Costs When a litigant of defendant is required to pay for the legal expenses of the other party and sometimes the court fees in either civil proceedings or criminal actions he is made the subject of a costs order. Costs can be extensive and can include witness expenses and disbursements of the other side.

The usual rule is that "costs follows the event" which means that the loser pays. The court has the final say on costs and may decide not to make an order on costs. An award of costs is entirely discretionary Council The local body that operates from the town hall to raise local taxes and administer local services. A formal group of experts brought together on a regular basis to debate matters within that sphere of expertise, and with advisory powers to government.

It can be contrasted with a commission, which although also a body of experts, is typically given regulatory powers in addition to a role as advisor to the government. Counterclaim A 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). Court of Session Scottish court. Note not the Court of Sessions. Court martial A military court set up to try and punish offences committed by members of the army, navy or air force. Court of admiralty A rather archaic term used to denote the court that has the right to hear shipping, ocean and sea legal cases. Also known as "maritime law." Now the Admiralty Court a division of the High Court Covenant A 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 in a deed of covenant for tax free payments to charity Creditor A person to whom money, goods or services are owed by the debtor Crack, Cracked trial The informal expression used to describe a trial which has started with a not guilty basis but the defendant changes his plea to guilty. Usually relevant to Crown Court cases. This can have huge implications for costs of trails as much work in preparation is wasted. The emotional strain on witness is also wasted as they are not required to give evidence in a trial where the defendant pleads guilty. Crime An act or omission that is prohibited by criminal law. Each country sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, in some countries - but not always in the UK, unless a special relationship exists - an omission to act can constitute a crime, such as failing to give assistance to a person in peril Criminal conversation Synonymous with adultery. In old English law, this was a claim for damages, which the husband could institute against the adulterer Criminal Cases Review Commission, The A statutory body set up under the Criminal Appeal Act 1995 following the Royal Commission on Criminal Justice report in 1993 that recommended such a body to take over the role of the Home Secretary.

The Royal Commission was announced on the day that the Birmingham 6 were freed by the Court of Appeal. Website here. Criminal Damage

Criminal Damage Act 1971, s. 1(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence Criminal law That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, or common law, and is prosecuted and punished by the state. Cross-examination In trials, each party calls witnesses. Each party may also question the other's witness(es). When you ask questions of the other party's witness(es), it is called a "cross-examination" and you are allowed considerably more latitude in crossexamination then when you question your own witnesses (called an "examination-inchief"). For example, you are not allowed to ask leading questions to your own witness whereas you can in cross-examination.

Cross-examination: (and see 'evidence in chief')

Cross-examination: questioning of a witness by a party other than the party who called the witness. (Civil Justice Rules). Crown The word refers specifically to the British Monarch, where she is the head of state of Commonwealth countries.

Prosecutions and civil cases taken (or defended) by the government are taken in the name of the Crown as head of state. That is why public prosecutors are referred to as "Crown" prosecutors and criminal cases take the form of "The Crown v Buggins" or "Regina v Buggins", 'Regina' being Latin for "The Queen" "Rex" being the Latin for "The King". Crown Office

The Scottish equivalent of the Crown Prosecution Service in England. Cuius est solum, ejus est usque ad caelum et ad inferos [Latin: who owns the land, owns down to the centre of the earth and up to the heavens]. This principle of land ownership has been greatly tempered by case law that has limited ownership upwards to the extent necessary to maintain structures. Otherwise, aeroplanes would trespass all the time. 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. Culpable homicide The Scottish equivalent of the English 'manslaughter'. Curator bonis In Scotland loosely equivalent to UK legal guardian-usually of a mentally incapable or extremely infirm adult. Curtilage The 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. It is a term one might come across in a search warrant, which calls for a search of the residence and its curtilage. Custody 1. The keeping in detention of a defendant before trial, as in a remand in custody,

or in prison after sentence. 2. Means the charge and control of a child including the right to make all major

decisions such as education, religious upbringing, training, health and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody. For other varieties of custody, see joint custody, split custody and divided custody.

Cut-throat defence A defence frequently used in criminal trials, notably in cases of homicide and other offences against the person where there are co-defendants; D1 will blame D2 and D2 will blame D1, and both attack the character of the other. Their previous convictions become admissible: ss.101(3)(e) and (g) and 106 Criminal Justice Act 2003.

In R v Randall [2003] HL D1 and D2 were jointly charged and jointly tried for murder. Both denied the charge and blamed the other. Both attacked the character of the other. Both had previous convictions for violence. Those convictions were held to be admissible because they were relevant, they went to propensity, they went to credibility, likelihood and probability of truth, and both D1 and D2 had thrown away their shields under the Criminal Evidence Act 1898, s.1. Cy-prs "As near as may be": a technical word used in the law of trusts or of wills to refer to a power that the courts have to, rather than void the document, to construct or interpret the will or a trust document "as near as may be" to the actual intentions of the signatory, where a literal construction would give the document illegal, impracticable or impossible effect.

Defalcation Misappropriation of money, or the amount misappropriated.

In 1988, the Privy Council dismissed an appeal by Chan Man-sin against his conviction in Hong Kong for theft. While an accountant, Chan had forged cheques for $HK4.8 million on company accounts, depositing them in his accounts. He was charged with theft when his defalcations were discovered. Damages A 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.

"Damages: A sum of money awarded by the court as compensation to the claimant. Aggravated damages: Additional damages which the court may award as compensation for the defendant's objectionable behaviour. Exemplary damages: Damages which go beyond compensating for actual loss and are awarded to show the court's disapproval of the defendant's behaviour " (Civil Justice Rules) Death penalty Also known as capital punishment. Forms of the death penalty include hanging from the neck, gassing, firing squad and has included use of the guillotine.

In the UK the death penalty for murder was abolished in 1965. And in all circumstances in 2000 with the introduction of the Human Rights Act 1988. Debtor A person who owes money, goods or services to another, the latter being referred to as the creditor. Decree The Scottish equivalent of the English civil 'judgment'. judgment. Decree absolute The name given to the final and conclusive court order after the condition of a decree nisi is met. Decree nisi [Latin: unless order]. A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time (usually 6 weeks), after which it is called a decree absolute. As in divorce. - although the written

judgment itself (as opposed to the decision which it embodies) is still called a

A feature of UK divorce although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue a decree nisi , which would have no force or effect until a period of time passed (30 days or 6 months). Deed A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object.

Under older common law, a deed used to have to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document (hence the expression "signed, sealed and delivered"). Since 1989 this is not the case, nor does it have to be written on particular type of paper. The word deed is also most commonly used in the context of land law because these transactions must usually be signed and in writing. A contract without consideration would be by a deed.

To be a deed an instrument must make clear on its face that it is intended to be a deed and must be validly executed as a deed. For an individual to validly execute an instrument as a deed it must be signed by him the presence of a witness who attests the signature, or at his direction and in his presence and the presence off two witnesses who each attest the signature, and must be delivered as a deed by him or a person authorised to do so on his behalf (Law of Property (Miscellaneous Provisions); Act 1989. s.l). Deed Poll A deed which is ; polled; or smooth; i.e. not indented: a unilateral deed; e.g. for publishing a change of names Deem To 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. A common law spouse may be referred to a de facto wife or de facto husband: although not legally married, they live and carry-on their lives as if married. A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure government. Defamation A tort consisting of the publication of a false and derogatory statement respecting another person who is alive and without lawful justification.

A defamatory statement is one exposing him to hatred, ridicule or contempt, or which causes him to be shunned or avoided, or which has a tendency to injure him in his office, profession or trade.

It may constitute libel or slander.

It must be construed in its natural add ordinary meaning; if not defamatory in such meaning, it must be construed in the special meaning, if any, in which it was understood by the person by and to whom it was published.

It is for the judge to say whether the words are reasonably capable of a defamatory meaning, but for the jury to say whether under the circumstances of the case they in fact bear that meaning.

No action can be maintained for libel or slander unless there is publication, that is a communication by the defendant of the defamatory statement to some person other than the claimant.

The Defamation Act 1952 made significant changes to defences to defamation, for example justification and fair comment. Damages for defamation are capped at 200,000. Defalcation 1. 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. Defendant 1. 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. Demise The grant of a lease of land. According to the context, it can also mean death. See also, devise. 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.

In Canadine v Director of Public Prosecutions [2007] QBD, it was held that a speed camera complied with the relevant regulations (Traffic Signs Regulations and General Directions 2002) where a minor irregularity in the casing around the sign (which was not an integral part of the sign) could only be seen on very close inspection and no motorist would have been misled as to the true nature of the sign, accordingly even if the casing had been part of the sign the transgression from the regulations would be regarded as de minimis.

de minimis non curat lex [Latin: The law does not concern itself with trifles]. Denning, Alfred Thompson, Baron (18991999 ) English jurist who served as Master of the Rolls for twenty years (1962 82). Renowned as a champion of the rights of the individual, he was created Baron Denning of Whitchurch in 1957.

After studying mathematics and law at Oxford, Denning was called to the bar in 1923. In 1938 he became a KC and in 1944 he was appointed a High Court judge. He then progressed steadily through the judiciary until, in 1957, he joined the House of Lords as a Lord of Appeal in Ordinary. However, finding that he was not in the best position to exercise influence over the development of the law, Denning chose to return to the Court of Appeal in 1962 as Master of the Rolls.

In many cases between 1962 and 1982 Denning found opportunities to apply his beliefs in the rights of the individual in beleaguered circumstances, most notably those of deserted wives, victims of unfair contracts, and those caught up in administrative bureaucracy. His stand upon these issues endeared Denning to the public, although his rejection of precedent in favour of the pursuit of justice made him a controversial figure within the profession.

Denning also served on many committees and review bodies, including the enquiry into the circumstances of the resignation of the secretary of state for war, John Profumo (1915 ), in 1963 and the Committee on the Legal Education for Students from Africa.

Besides fulfilling the duties of Master of the Rolls, Denning is also the author of several popular books on legal topics, such as The Changing Law (1953), The Road To Justice (1955), The Family Story (1981), The Closing Chapter (1983), and Leaves from my Library (1986).

In his retirement Denning startled his admirers by saying that the Birmingham Six and Guildford Four were probably guilty and should have been hanged, despite their release by the court of appeal in 1991, after years of wrongful imprisonment for IRA bombings. (From Who's Who in the Twentieth Century in History) Derogation Exemption from the provisions of EU legislation. Detinue Until abolished by the Torts (Interference with Goods) Act 1977, and action to obtain the return of goods in the wrongful possession of another. Devise To devise means to leave freehold property or land in a will, see demise. Diplock Court The Diplock Court system applies only in Northern Ireland.

Its main feature is trial without a jury. The system was established in December 1972, after a Commission chaired by Lord Diplock (19071985) reported that the jury system as a means of trying terrorist crime was under such strain it was in danger of breaking down.

The Diplock Report highlighted the danger of perverse acquittals because of jurors favouring one side or the other and the real problem of intimidation of jurors. The Diplock system was repealed on 31 July 2007 as part of the Government's security normalisation programme.

Diplock, Kenneth, Baron (19071985) Law Lord.

The judgments of Lord Diplock have been recognised as pivotal to the development of administrative law.

After the 1960s a number of decisions marked a significant change in judicial attitudes towards judicial control of administrative action for example Re Racal Communications Ltd [1981] AC 374.

In IRC v National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 Lord Diplock said, " '... [the] comprehensive system of administrative law [which] I regard as having been the greatest achievement of the English courts in my judicial lifetime."

Lord Diplock was involved in many leading cases concerning Judicial Review. Thus a new relationship developed between the courts and those who derive their authority from the public law.

In Freitas v Benny [1976] AC 239 (which dealt with a provision in the Trinidadian Constitution) famously said, Mercy is not the subject of legal rights. It begins where legal rights end. In other words, the exercise of the prerogative of mercy in death penalty cases is not amenable to review by the courts. 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.

This is NOT the case for the Treaties, for example the Treaty of Lisbon 2007 has to be ratified according to the national practices of the 27 Member States (i.e. either referenda or votes by the legislator). More here. Direct Effect A provision of EU law which can confer upon individuals rights which national courts must protect.

Vertical direct effect is occasionally used to describe cases where the right conveyed by the provision applies against a member state.

Horizontal direct effect is occasionally used to describe cases where the right applies against another individual. 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 state A "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 trust

This is a trust set up so that the trustees can decide who will benefit from the trust and how much they will get. Disproportionality Disproportionality can be described as when people from a certain group, for example black or Asian people (Black, minority ethnic - BME), are more likely to be stopped and searched in relation to their numbers in the population compared to the white population. See national statistics here Disrate A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion. Dissent To 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.

As in 'Lord Hoffman gave a dissenting speech'. (note: in the House of Lords, their Lordships give speeches not judgments) Dissolution The act of ending, terminating or winding-up a company or state of affairs. For example, when the life of a company is ended by normal legal means, it is said to be "dissolved".

The same is said of marriage or partnerships which, by dissolution, ends the legal relationship between those persons formally joined by the marriage or partnership.

The end of a parliament, dissolved by the monarch. Distraint

The 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.

A common way to "distrain" against a tenant is by giving notice to the tenant. A legal action to reclaim goods that have been distrained is called replevin. Dividend A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors. Divorce The final, legal ending of a marriage, by Court order. DNA Abbreviation for deoxyribonucleic acid. A chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called "DNA fingerprinting").

Through laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, blood and matched against DNA discovered at a crime scene or on a victim to scientifically implicate an accused. Can also be used to match DNA between parents in a paternity suit. 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. Doctrine From the Latin word doctrina meaning "teachings." Something taught as a the principle or creed especially in religion.

A rule or principle of law established through its repeated use. 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. Dominant tenement Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement. Dominion directum [Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership] Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment. 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. Donatio mortis causa [Latin: a gift on account of death]. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues.

Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. Real property cannot be transferred by these death-bed gifts. Donee Another word to describe the beneficiary of a trust. Also used to describe the person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney.

Donor The person who donates property to the benefit of another, usually through the legal mechanism of a trust. In UK trust law he is referred to as the "settlor." Also used to describe the person who signs a power of attorney. Double jeopardy A 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.

Double jeopardy is used interchangeably with ne bis in idem The Seventh Protocol, Article Four of the European Convention of Human Rights,

"No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.". However, several states including the United Kingdom have not ratified this optional convention.

The principle of double jeopardy applies to all offences in the ELS except serious offences when significant new evidence comes to light. This change occurred as a result of the Criminal Justice Act 2003 part 10.

One person (Billy Dunlop) in the UK has pleaded guilty to a murder charge after having been acquitted of the killing of Julie Hogg. Draft Bills

A Draft Bill is a Bill that has not yet been formally introduced into Parliament and enables consultation and pre-legislative scrutiny before a Bill is issued formally.

A Draft Bill is considered in draft, often by a departmental select committee and this allows Members who are specialised in the subject to have early influence on the Bill. This process is known as pre-legislative scrutiny. Dublin Convention The Dublin Convention on Asylum 1990 is a document outlining common formal arrangements on asylum which states that when people have been refused asylum in one member state of the EU they may not seek asylum in another state. Duces tecum [Latin: bring with you] Used most frequently for a species of subpoena (as in " subpoena duces tecum ") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (e.g. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial. Due process The concept of 'due process' incorporates observance of all the mandatory requirements of criminal procedure, but 'due process of law' also had a narrower constitutional meaning, namely those fundamental principles which are necessary for a fair system of justice.

Arbitrary arrest and detention and lengthy pre-trial detention would reveal the absence of due process in criminal cases.

In Osman v UK [1999] it was said; "Another relevant consideration is the need to ensure that the police exercise their powers to control and prevent crime in a manner which fully respects the due process and other guarantees which legitimately place restraints on the scope of their action to investigate crime and bring offenders to justice, including the guarantees contained in Articles 5 and 8 of the Convention."

The doctrine applies not only to criminal matters but all court procedures, legislation and constitutional matters. Dum casta [Latin: for so long as she remains chaste]. Separation agreements years ago used to contain dum casta clauses which said that if the women were to start another relationship, she forfeited her entitlement to maintenance. Dum sola [Latin: for so long as she remains unmarried] Dum vidua [Latin: for so long as she remains a widow] Duplex A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other. Duress Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be "under duress".

Contracts signed under duress are voidable and, in some circumstances, you cannot be convicted of a crime if you can prove that you were forced or threatened into committing the crime (although this defence may not be available for serious crimes). Duress of circumstances Can be used as a defence, for example fleeing from a supposed attacker, and whilst fleeing committing a traffic offence. Duress per minas

[Latin] Duress by threats, as opposed to duress of circumstances. Not used often in ELS but favoured in Ireland and USA.

Easement A right of passage over a neighbour's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well. EC Treaty The original EEC Treaty was signed in Rome in 1957 bringing into existence the European Economic Community. The original six member states were France, Germany, Italy, Belgium, the Netherlands, and Luxembourg. In 1992 the Maastricht Treaty amended the EEC Treaty and renamed it the EC Treaty. The Treaty was further amended in 1997 by the Amsterdam Treaty, which renumbered most of the provisions of the original Treaty, and in 2000 by the Nice Treaty. Ecclesiastical law Synonymous to canon law: the body of church made law which binds only those persons which recognise it, usually only church officers, and based on aged precepts of canon law. Either-way cases Offences that can be tried either in the magistrates court or the Crown Court (e.g. theft and possession of drugs). Ejusdem generis [Latin: Of the same kind or nature] A rule of statutory interpretation that where particular words are followed by general words, the general words are limited to the same kind as the particular worlds. Thus where the Sunday Observance Act 1677 provided that "no tradesman, artificer, workman, labourer or other person whatsoever shall do or exercise any worldly labour business or work of their ordinary callings upon the Lord's Day..." the words "or other persons whatsoever" were to be construed ejusdem generis with those words which proceeded them so that an estate agent was not within the exception (Gregorry v Fearn [1953]) Emancipation 1. Term used to describe the act of freeing a person who was under the legal authority of another (such as a child before the age of majority) from that control. 2. To free from bondage, oppression, or restraint; liberate. So, the term was also

used when slavery was legal to describe a former slave that had bought or been given freedom from his or her master. When Abraham Lincoln outlawed slavery he did so in a law called the "emancipation proclamation". Embargo This is an act of international military aggression where an order is made prohibiting ships or goods from leaving a certain port, city or territory and may be enforced by military threat of destroying any vehicle that attempts to break it or by trade penalties. The word has also come to refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation. Embezzle The 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. For example, an employee would embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use. Fraud of this kind is dealt with under the Theft Acts 1968/78/96 Emolument A legal word which refers to all wages, benefits or other benefit received as compensation for holding some office or employment. Emphyteusis Civil 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. Emptio or emtio [Latin: "purchase" or the contract in which something is bought]. Enactment A law or a statute; a document which is published as an enforceable set of written rules is said to be "enacted". Endorsement or Indorsement Something written on the back of a document. In the laws of bills of exchange, an endorsement is a signature on the back of the bill of exchange by which the person to whom the note is payable transfers it by thus making the note payable to the bearer or to a specific person. An endorsement of claim means that if you want to ask a court to issue a writ against someone, you have to "indorse" your writ with a concise summary of the facts supporting the claim, sometimes called a statement of claim.

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. Engross To 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. Entail An entailed interest is an interest in property that is granted to a person and, following that persons death, to a specified class of his or her lineal descendants until such line dies out, for example, a gift to A and the female heirs of his body. Since 1 January 1997, no new entails can be created. Entrapment The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states. Strictly speaking it is not a plea available in UK courts, where 'agent provocateur' is the equivalent. En ventre sa mre The phrase en ventre sa mre refers to a child in gestation and means an unborn child inside the mothers womb. Equity (From Latin quitas: "even" or "fair."). A branch of English law which developed when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognise unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity judgment was based on conscience and would prevent a person from enforcing an unfair common law court judgment. The kings delegated this special judicial review power over common law court rulings to their chancellors, with their decisions eventually gaining precedence over those of the common law courts. A whole set of principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands". Many legal rules in countries that originated with English law have equity based law such as the law of trusts and mortgages. 'Equity's darling' is the equity of redemption. 'Equity' became an early organized system of rules, not less definite and rigid than those of 'law'. Equity courts required written submissions (pleadings) and written evidence. Nowadays, where equity and law conflict equity prevails.

Escheat Where property is returned to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of dominion directum as was often used in the feudal system when a tenant died without heirs or if the tenant was convicted of a felony. Escrow When 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. Estate This is everything a person owns when they die. Estoppel A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper. A 1891 English court decision summarised estoppel as "a rule of evidence which precludes a person from denying the truth of some statement previously made by himself". Euthanasia The putting to death, by painless method, of a terminally ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure, also known as "passive euthanasia") or commission of an act ("active euthanasia'). See also living will. Euthanasia is murder. Evidence Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (e.g.. a signed contract). This is sometimes called "real evidence." In other, evidence can be circumstantial. The rules of evidence are strict in criminal cases, but much less so in civil actions. Evidence in chief "(and see 'cross-examination') The evidence given by a witness for the party who called him." (Civil Justice Rules)

Evidential burden of proof Generally speaking the prosecution is required to prove each element of the offence charged, however there are exceptions, normally statutory. Once D has raised an issue - the "evidential" burden - it might then fall on him to prove a fact, the "legal" burden. Failure to convince the jury or the magistrates of a defence will mean the defendant will be found guilty. It is usually a do or die situation, because D will have probably admitted all the other ingredients of the offence, and be relying solely on the defence he raises, so the legal burden is described as a high standard. The evidential burden is a lower standard than the legal burden. The evidential burden might include the burden on a defendant to raise the issue of, say provocation or self defence, in this case, having simply raised the question the burden may shift back to the crown to disprove it, beyond reasonable doubt. The standard the defendant has to reach is on the balance of probabilities. Many strict liability offences include a "due diligence" defence, the onus of proving which invariably lies on the defendant. The legal burden, and the evidential burden are examples of reverse burden provisions. One reason for upholding a reverse burden is where it is easier for the defendant to prove a matter because "the facts are within the defendant's own knowledge", this is not universally accepted as true. See legal burden of proof. Ex aequo et bono [Latin: according to what is just and good]. A rule that prevents one person being unjustifiably enriched at the expense of another. Illustrations of this doctrine are familiar in cases of money paid by accident, or mistake, or fraud and so ought to be paid back. A quasi-legislative exercise in which, typically, a tribunal tailors the outcome to the equities involved, instead of strictly applying rules of law, thereby overriding the strict rule of law. In Moses v Macferlan (1760) Lord Mansfield said that an action lies only "for money which ex aequo et bono the defendant ought to refund." But the wide language he used has not always been followed.

The principle does not have general application, it is found mostly in arbitration and tribunal cases.

The Arbitration Act 1996 s 46(1)(b) recognises that parties may agree that their dispute should be settled in accordance with general principles of fairness. Such agreements are often referred to as equity clauses, arbitration ex aequo et bono or amiable composition. The agreements effectively exclude rights of appeal to the court, because there is no question of law to appeal. The International Court of Justice has power, if authorised to do so by the parties, to decide a case ex aequo et bono although it is thought that this has never been done. ex ante Based on prior assumptions or expectations; predicted, prospective. Ex turpi causa non oritur actio [Latin] No cause of action may be founded upon an immoral or illegal act. Examination-in-chief The questioning of your own witness under oath. Witnesses are introduced to a trial by their examination-in-chief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. After their examination-in-chief, the other party's lawyer can question them too; this is called "cross-examination". Exculpate Something that excuses or justifies a wrong action. Executor A 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. Exhibit A document or object shown to the court as evidence in a trial. They are each given a number or letter by the court clerk as they are introduced for future reference during the trial. For example, weapon are frequently given as exhibits in criminal trials. Except with special permission of the court, exhibits are locked up in court custody until the trial is over. Ex parte [Latin: for one party only] Ex parte refers to an application in judicial proceedings a) where one of the parties has not received notice and, therefore, is neither present nor represented. b) by an interested party who is not a party.

Ex patriate A person who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country. Ex post facto [Latin: after the fact] Legislation is called ex post facto if the law attempts to extend backwards in time and punish acts committed before the date of the law's approval. Such laws are constitutionally prohibited in most modern democracies. For example, the USA Constitution prohibits "any ex post facto law". The only modern example of such law in the UK is the War Crimes Act 1991 Ex tempore A judgment delivered 'off the cuff' at the conclusion of counsel's argument. Compare 'reserved judgment'. expressio unius est exclusio alterius [Latin: Expressing one thing excludes another] One of the linguistic canons applicable to the construction of legislation. By expressing one thing is [by implication] to exclude another. There is no room for the application of this principle where some reason other than the intention to exclude certain items exists for the express mention in question. Thus what is said may be intended merely as an example or be included for abundance of caution or for some other reason; or the thing supposed to have been impliedly excluded may not have existed at the passing of the enactment.

Fair market value The hypothetical most probable price that could be obtained for a property by average, informed purchasers. Fee simple The most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law. Fee tail

A form of tenure under the feudal system that could only be transferred to a lineal descendant. If there were no lineal descendants upon the death of the tenant, the land reverted back to the lord. Felony A serious crime. In the UK felonies carried prison sentences for 5 years or more or

death. Crimes of less gravity are called misdemeanours. This term is no longer used in England or other Commonwealth countries but remains a major distinction in the United States. Historically, in England, the term referred to crimes for which the punishment was the loss of land, life or a limb. Under PACE was called an 'arrestable offence', since 1.1.2006 appears to have no name. Feudal system A social structure that existed throughout much of Europe between 800 and 1400 and that revolved around a multi-level hierarchy between lords (who held land granted under tenure from the king), and their tenants (also called "vassals"). Tenants would lease land from the lord in exchange for loyalty and goods or services, such as military assistance or money. In exchange, the tenant would be protected from attack. Fiction or Legal Fiction a rule assuming as true something that is clearly false. A fiction is often used to avoid rules that Parliament should change. So, for example if a body has no power to sit beyond midnight but has several hours more of work still to do, it is easier to turn back the clock on their wall from time to time than it is to change their constitution. When the High Court had a full workload of civil cases the criminal division of the same court, could help out and take on some cases by pretending that the defendant in a simple civil action had been arrested and was in custody. The fiction that a corporation is, a person separate from its members is equivalent to saying that the law deals with the group as a unit, disregarding for the group's individual members. Fiduciary Normally, the term is synonymous to a trustee, which is the classic form of a fiduciary relationship. A fiduciary has rights and powers which would normally belong to another person. The fiduciary holds those rights which he or she must exercise to the benefit of the beneficiary. A fiduciary must not allow any conflict of interest to infect their duties towards the beneficiary and must exercise a high standard of care in protecting or promoting the interests of the beneficiary. Fiduciary responsibilities

exist for persons other than trustees such as between solicitor and client and principal and agent, and a fiduciary duty lies in insurance. Fieri facias A writ of fieri facias commands a sheriff to take and sell enough property from the person who lost the law suit, to pay the debt owed by the judgment. Operates in the High Court. In the County Court is called a distress warrant. Folie deux A shared psychotic disorder between 2 people, usually people who are mutually dependent upon each other, or when a person is in constant attendance on a person of unsound mind Force majeure [French: an act of God; an inevitable, unpredictable act of nature, not dependent on an act of man] Used in insurance contracts to refer to acts of nature such as earthquakes or lightning. Or other event over which a party has no control and prevents his performance of a contract. Foreclosure The 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. Even though there has been no payments, the borrower retains a equitable right of redemption if, some day, he or she were able to find the money and try to exercise their right of redemption. To clear the title of this potential, a lender goes to court, demonstrates the default, requests that a date be set where the entire amount becomes payable after which, in the absence of payment, the lender is automatically relieved of the requirement to redeem the property back to the borrower; the debtor's right of redemption is said to be forever barred and foreclosed. This cancels all rights a borrower would have in the property and the property then belongs entirely to the lender, who is then free to possess or sell the property. The word is frequently used to generally refer to the lender's actions of repossessing and selling a property for default in mortgage payments. forum non conveniens [Latin: A forum which is not convenient]

A legal doctrine used where a party to Court proceedings wishes to transfer the case to another, more convenient, jurisdiction. The doctrine of forum non conveniens originated in Scotland in the nineteenth century and became available in English courts in the late 1960s. A court will not refuse to consider a case within its jurisdiction unless the claimants choice was oppressive or vexatious to a defendant for example, by issuing proceedings in a distant and inconvenient location), or for abuse of process.

Lord Goff in Spiliada Maritime Corp. v Cansulex Ltd [1986] HL: "In cases where jurisdiction has been founded as of right, i.e. where in this country the defendant has been served with proceedings within the jurisdiction, the defendant may now apply to the court to exercise its discretion to stay the proceedings on the ground which is usually called forum non conveniens. That principle has for long been recognised in Scots law; but it has only been recognised comparatively recently in this country. In The Abidin Daver [1984] A.C. 398, 411, Lord Diplock stated that, on this point, English law and Scots law may now be regarded as indistinguishable. It is proper therefore to regard the classic statement of Lord Kinnear in Sim. v. Robinow (1892) 19 R. 665 as expressing the principle now applicable in both Jurisdictions. He said, at p. 668: "the plea can never be sustained unless the court is satisfied that there is some other tribunal, having competent jurisdiction, in which the case may be tried more suitably for the interests of all the parties and for the ends of justice."." The doctrine of forum non conveniens appears to exist in common law countries but not in civil law jurisdictions. 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. Fraud Deceitful 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. The existence of fraud will cause a court to void a contract and can give rise to criminal liability. Freehold A special right granting the full use of real property for an indeterminate time. It differs from leasehold, which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail. If someone owns land which is freehold no one else has any rights over the land. Freeholder A person who owns freehold property rights (i.e. in a piece of real estate; either land or a building). Freezing orders Freezing orders or injunctions (formerly known as Mareva Orders) are a means by which a party to proceedings or intended proceedings can be restrained from removing assets from the jurisdiction of the Court or restrained from dealing with assets wherever located.

Available in civil proceedings at any time, although usually obtained before proceedings are issued. Typically, draft pleadings will need to be produced to the Court to demonstrate a real intention to commence a claim.

Usually made without notice to the defendant to ensure element of surprise. In that case, the claimant is subject to a duty to make full and frank disclosure of all relevant matters to the Court. If such disclosure is not made the order can be overturned regardless of the merits of the claimants case or entitlement to the order.

A claimant must give an undertaking to the Court to pay any damages which the defendant (or any other party served with or notified of the order) sustains if it turns out that the order should not have been granted. If the claimant has insufficient assets within the jurisdiction to support the undertaking he will be required to provide appropriate security. A claimant must show a good arguable case and a risk that the defendant will dispose of assets or remove assets from the jurisdiction so as to make it likely that

any judgment against the defendant could not be satisfied in the absence of a freezing order.

Order cannot be used oppressively, for example to cause the defendant to cease trading. Defendant usually allowed to continue using assets, for example, to pay employees and trade creditors and to discharge reasonable living expenses and/or legal fees. Can freeze assets legally and beneficially owned by the defendant, including those located outside the jurisdiction and in support of foreign proceedings, but usually limited to the amount of the claim so that the defendant is free to deal with assets above that sum.

A defendant and any third parties who fail to comply with the order are in contempt of Court and liable to a fine and/or imprisonment. Third parties who knowingly assist in a breach of the order are guilty of contempt (for example if a bank pays money out of the defendants bank account). A freezing order does not, however, bind third parties outside the jurisdiction (for example a foreign branch of a bank with a presence in England).

Order usually contains a provision requiring the defendant to disclose information about his assets or about the alleged fraud, but cannot be used as a fishing expedition.

In criminal proceedings, a restraint order can be obtained which has the effect of freezing assets suspected of being funded by the proceeds of crime. The order may be granted by the High Court after application by the prosecuting authority e.g. Crown Prosecution Service, the Serious Fraud Office or Customs & Excise.

The worldwide freezing (Mareva) injunction to English litigation lawyers is known as the nuclear weapon in the litigation armoury. Only English and a few like-minded courts have the jurisdiction to grant these very powerful orders. Courts on the continent of Europe do not, neither do courts in the US.

Fugitive

One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought. Functus officio [Latin: cessation of responsibility] An officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. So, this would include a court which has adjudicated on a matter, it cannot reopen a case because its jurisdiction has expired. Fungibles Goods which are comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible. Furiosi nulla voluntas est [Latin: mentally impaired persons cannot validly sign a will].

Gainsay To declare false; deny. To oppose, to contradict.

So in Attorney General's References (Nos 89 and 90 of 2007) [2008] CA, "Neither the prosecution nor the judge was bound to agree facts merely because, the prosecution could not gainsay the defendants account." Garnishment The 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.

The person who possesses the assets of the debtor and is the subject of the seizure is called a "garnishee".

This is frequently used in the enforcement of court awards and child support where delinquent debtors will be subjected to salary garnishment. A percentages of their wages is subtracted directly off their paycheque and directed to the person in need of support (the employer being the garnishee). Garnishee A 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.

Proceedings: by which a judgment creditor may obtain an order against another party who owes money to, or holds money for the judgment debtor. Usually obtained against a bank or similar requiring them to pay money held in the account of the debtor. Gavel A wooden mallet used by a judge to bring proceedings to a start or to an end or to command attention in his or her court. No judge in the UK uses a gavel, but sometimes they are used at public enquiries. rent, to a superior. GBH Short for Grievous Bodily Harm. 2. Payment of tribute, for example

An assault causing really serious harm. It should be noted that there are 2 forms of GBH one under Section 18 Offences Against the Person Act 1861 and a second under Section 20. The main difference being under the more serious Sec 18 GBH the prosecution is required to prove D intended to cause GBH, or prevent arrest.

Under Sec 18 the injury is caused. Under Sec 20 the injury is inflicted. see also under wounding

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. General counsel USA: The senior lawyer of a corporation. This is normally a full time employee of the corporation although some corporations contract this position out to a lawyer with a private firm. Gift over A device used in wills and trusts to provide for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient. For example, I give you my car but on your death you must give it to your child; that is a gift over to the benefit of your child. Goodwill An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections. Gordian Knot Intricate knot tied by Gorius, king of Gorduim in Phyrgia; an oracle declared that whoever loosened it should rule Asia. Alexander the Great, unable to undo it, cut it with his sword; hence, a difficult problem or task 'cut the Gordian knot' means to solve problem by force or by evading conditions. An expression sometimes used by judges, e.g. Viscount Dilhorne in Davis v Johnson. Grant of probate This 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.

Grand Jury An American criminal justice procedure whereby, in each court district, a group of 16-23 citizens hold an inquiry on criminal complaints brought by the prosecutor and decide if a trial is warranted, in which case an indictment is issued. If a Grand Jury rejects a proposed indictment it is known as a "no bill"; if they accept to endorse a proposed indictment it is known as a "true bill".

There is no equivalent in the UK where grand juries have been abolished. Gross negligence Any action or an omission in reckless disregard of the consequences to the safety or property of another. Sometimes referred to as "very great negligence" and it is more then just neglect of ordinary care towards others or just inadvertence. Also known as the Latin term culpa lata. Guarantor A 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." writing. By the Statute of Frauds 1677 s.4 a guarantee must be evidenced in Independent consideration is also required.

Guardian An individual who, by legal appointment or by the effect of a written law, is given custody of both the property and the person of one who is unable to manage their own affairs, such as a child or mentally disabled person. A guardian looks after the interests of people who cannot look after their own affairs, such as children or people with mental health problems. See CAFCASS Guardian ad Litem (In some cases known as Children's Guardian) An independent person appointed by the Court to represent the interests of a child or young person or mentally incapable defendant or claimant, or any such incapacitated person that may be a party in a legal action. during court proceedings.

The guardian will appoint a solicitor to speak for the young person in court and will be involved with him/her during the Court case. The Guardian ad Litem is longer involved when the court proceedings have finished. See CAFCASS Guillotine 1. A device developed in France to inflict the death penalty through decapitation by

the dropping of a weighted and sharp metal blade onto the restrained neck of a convict.

2.

A procedure used to speed up the passage of legislation.

The time allotted to a

committee is allocated by the government, at the specified time the guillotine falls and votes are immediately taken. H Habeas corpus Latin: phrase meaning 'may you have the body': legal remedy against being wrongly imprisoned.

Thus: writ of habeas corpus: writ to obtain the release of someone who has been unlawfully held in prison or in police custody, or to make the person holding him bring him to court to explain why he is being held and whether the detention is lawful.

A prerogative writ. Habeas corpus was one of the concessions the British Monarch made in the Magna Carta and has stood as a basic individual right against arbitrary arrest and imprisonment. Habit and repute In Scotland - this is a very rough equivalent of the idea that one can be married at common law. Habitual offender

A person who is convicted and sentenced for crimes over a period of time and even after serving sentences of imprisonment, such as demonstrates a propensity towards criminal conduct.

Reformation techniques fail to alter the behaviour of the habitual offender. Many countries now have special laws that require the long term incarceration, without parole, of habitual offenders as a means of protecting society in the face of an individual that appears unable to comply with the law. Harassment Unsolicited words or conduct which tend to annoy, alarm or abuse another person. An excellent alternate definition can be found in Canadian human rights legislation as: "a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome." Name calling ("stupid", "retard" or "dummy") is a common form of harassment. (See also sexual harassment.)

Harassment is now a crime in the UK, and follows government action to prevent stalking and similar unwelcome activities. Hearsay Any evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.

For example, if Bob heard from Susan about an accident that Susan witnessed but that Bob had not, and Bob attempted to repeat Susan's story in court, it could be objected to as "hearsay."

The basic rule, when testifying in court, is that you can only provide information of which you have direct knowledge. In other words, hearsay evidence is not allowed.

Hearsay evidence is also referred to as "second hand evidence" or as "rumour." You are able to tell a court what you heard, to repeat the rumour, and testify that, in fact, the story you heard was told to you, but under the hearsay rule, your testimony would not be evidence of the actual facts of the story but only that you heard those words spoken.

There are special rules of evidence that allow hearsay evidence in some criminal cases.

Hearsay evidence is always allowed in civil cases. Hereditaments Inheritable rights in land.

Hereditaments are either:corporeal, which means they are tangible or physical, such as the soil or bricks, or a physical structure on the land; or

incorporeal which are not intangible but rights over land, such as easements and profits. Heritage The Scottish version of the English 'immovable property' (The treatment of property is very different in each system). High Court of Justiciary Scottish court. Note not High Court of Judiciary Holograph will A will written entirely in the testator's handwriting and not witnessed. Some foreign states recognise holograph wills, other do not. Still other states will recognise a will

as "holograph" if only part of it is in the testator's handwriting (the other part being type-written). Homicide The word includes all occasions where one human being, by act or omission, takes away the life of another. Murder and manslaughter are different kinds of homicides.

Executing a convicted criminal was another form of homicide, but one which was excusable in the eyes of the law. Another excusable homicide is where a police officer shoots and kills a suspect who draws a weapon or shoots at that officer. Hostile witness During an examination-in-chief, a lawyer is not allowed to ask leading questions of their own witness. But, if that witness openly shows hostility against the interests (or the person) that the lawyer represents, the lawyer may ask the court to declare the witness "hostile", after which, as an exception of the examination-in-chief rules, the lawyer may ask their own witness leading questions. Hung jury A jury is required to come to an unanimous verdict. When the jurors, after full debate and discussion, are unable to agree on a verdict and are deadlocked with differences of opinion that appear to be irreconcilable, it is said to be a "hung jury".

The result is a mistrial. Majority verdicts of 10-2 are allowed to prevent a hung jury. Husband wife privilege A special right that married persons have to keep communications between them secret and even inaccessible to a court of law.

It does not apply in certain circumstances such as where one spouse commits a crime on the other. Similar to the client solicitor privilege. Hybrid offences

Sometimes called 'either-way offences'

These are offences created by statute and may be tried either summarily (in the Magistrates Court) or on indictment (by a judge and jury).

Immunity An exemption that a person (individual or corporate) enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. For example, diplomats enjoy "diplomatic immunity" which means that they cannot be prosecuted for crimes committed during their tenure as diplomat. Members of parliament have immunity in respect of what is said in the House. 1. The quality or habit of being inadvertent. 2. An instance of being inadvertent; an oversight or slip. Incorporeal Legal rights which are intangible such as copyrights or patents. See, corporeal and incorporeal hereditaments. Inadvertence An instance of being inadvertent; an oversight or slip, see advertence. Incorporeal hereditament An hereditament is real property which on an intestacy might devolve on an heir. A corporeal hereditament is visible and tangible, such as land itself and property fixed to the land, for example buildings. An incorporeal hereditament is intangible such as tithes and which is inheritable. Easements and profits prendre and hereditary titles are examples of incorporeal hereditaments. Indefeasible

A right or title in property that cannot be made void, defeated or cancelled by any past event, error or omission in the title. For example, certificates of title issued in England by the Land Registry or in Australia and Canada under a Torrens land titles system in the are said to be "indefeasible" because the government warrants that no interest burdens the title other than those on the certificate. This makes long and expensive title searches unnecessary. Indemnity "A right of someone to recover from a third party the whole amount which he himself is liable to pay. " (Civil Justice Rules) Indictable offence Offences which can only be tried in the Crown Court (e.g. robbery and aggravated burglary), therefore is more serious than those which can proceed by summary trial in a Magistrates Court. This is the equivalent to the old term "felony" (still used in the USA). Murder and treason are examples of crimes which would be tried on indictment, and are therefore indictable offences. Other indictable offences are also tried in the Crown Court. Indictment The document, equivalent to a charge sheet in the Magistrates' court outlining the offences for which a defendant is to stand trial. USA: a formal accusation returned by a Grand Jury, that charges a person with a serious crime. It is on the basis of an indictment that an accused person must stand trial. The requirements are laid down in the Indictment Act 1915. Indorsement, see Endorsement Infanticide Murder of an infant soon after its birth. Inheritance tax This is a tax the Government charges on people's estates. Injunction

A court order that prohibits a party from doing something (prohibitive injunction) or compels them to do something (mandatory injunction). "Injunction: A court order prohibiting a person from doing something or requiring a person to do something. " (Civil Justice Rules) Insolvent An individual who cannot pay his debts. Institution (of the EU) Body set up under, and described as such, in the founding treaties for the purpose of carrying out tasks of the Community, namely the EU Council, the European Parliament, the European Commission, the Court of Justice and the Court of First Instance. Intelligence The result of the gathering and collating of information from a variety of sources to assist police officers in the prevention, reduction and detection of crime and other incidents. It also includes quality of life issues that impact on individuals and groups within communities. Intent / Intention Lord Hailsham in Hyam v DPP [1974] HL, said,

"I know of no better judicial interpretation of intention or intent than that given in a civil case by Asquith LJ... " (Cunliffe v Goodman [1950] 1 All ER 720) when he said:

An "intention, " to my mind, connotes a state of affairs which the parry "intending" I will call him X.-does more than merely contemplate. It connotes a state of affairs which, on the contrary, he decides, so far as in him lies, to bring about, and which, in point of possibility, he has a reasonable prospect of being able to bring about, by his own act of volition. If this be a good definition of intention for the purposes of the criminal law of murder, and so long as it is held to include the means as well as the end and the

inseparable consequences of the end as well as the means, I think it is dear that intention is clearly to be distinguished alike from desire and from foresight of the probable consequences.

Lesson notes here Interdict An English Injunction is the equivalent of a Scottish interdict Intergovernmental Conference (IGC) Term used to describe negotiations between the member states' governments with a view to amending the Treaties. Normally conducted where changes in the institutional or legal structure are needed. The Single European Act, the Treaty on European Union, and the Amsterdam Treaty were all adopted as a result of an IGC. Interlocutor In Scotland the formal minute of a Court's decision. It tends also to be used to mean the decision of the Court itself in relation to a particular hearing. Intestate Dying without having made a will. Intestacy This 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"] Often used by judges and legislators to refer to part of a list, or a warning that there was more than the limited item referred to. So, "Donoghue v Stevenson was inter alia about widening the principle of duty of care (it was also about the duty of a manufacturer of ginger beer). Usage: This expression can be hackneyed and should be used with care by students. Used wrongly it is meaningless and irritating because few sentences are ever 'complete'. Inter alia should only be used when there is good reason for using it.

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. An inter vivos trust takes effect while the testator is alive. whereas a testamentary trust takes effect upon the settlor's death. Another example is the sale of a life estate which can only occur between living persons. Islamic law The law according to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the government are one. Islamic law is controlled, ruled and regulated by the Islamic religion. Islamic law purports to regulate all public and private behaviour including personal hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails in countries all over the middle east and elsewhere covering twenty per cent of the world's population.

Jactitation A false boast designed to increase standing at the expense of another. This used to form the basis of an ancient legal petition called "jactitation of marriage" wherein a person could be ordered by the courts to cease claims of being married to a certain person when, in fact, they were not married. The tort of slander of title is a form of jactitation. Jellicoe Procedure (Special Public Bill Procedure) The Special Public Bill procedure (the Jellicoe Procedure) is available in the House of Lords, but has had limited success. It was used for two Law Commission Bills in 1995 and apparently none since. The Jellicoe procedure is still available but was certainly not used between 1998 and 2003. In 2004, Lord Brightman said in the Lords that Jellicoe had been unused since 1995.

The procedure is available for Law Commission Bills, to examine non-controversial but technical Bills which receive appropriate expert scrutiny without delaying business on the floor of either House.

When the Jellicoe Procedure is used in the House of Lords the committee stage is taken in a committee room and not on the floor of the House. Witnesses can attend and be heard.

Sometimes it is referred to as fast track which is a misnomer, as the speed of a Bill through Parliament is not necessarily quicker. Experience of Jellicoe has been disappointing, particularly because the evidence stage was found to consume considerable amounts of Ministerial and official resource, without sufficiently beneficial reduction in time on the floor of the House.

The Family Homes and Domestic Violence Bill in 1995 was considered under the Jellicoe Procedure. The Bill had been proposed by the Law Commission, following extensive consultation, However it was not possible to resolve issues with the Bill in time for the Bill to complete its stages in the last Session. The Bill was later considered by Parliament under the usual procedure. Joint custody A child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to "joint legal custody but sole maternal physical custody" as "joint custody". Joint tenancy If two or more people have identical shares in land they are joint tenants. When two or more persons are equal owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the "four unities": unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time. Judicial review

When a court decision is appealed, it is known as an "appeal." There are many administrative agencies or tribunals which make decisions or deliver government services of one sort or another, the decisions of which can also be "appealed." In many cases, the "appeal" from administrative agencies is known as "judicial review" which is essentially a process where The High Court is asked to rule on the appropriateness of the administrative agency or tribunal's decision. Judicial review is a fundamental principle of administrative law. A distinctive feature of judicial review is that the "appeal" is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact. A distinguishing feature of judicial review is that it reviews the process of the decision making and not the decision itself, therefore it is not really an appeal. Government minister's decisions can, and often are, judicially reviewed. Judicial activism "Judicial activism" and "activist judges" describe the role of the judiciary when considering judges in their constitutional role. Dictionary definitions describe activism as a policy of taking direct and often militant action to achieve an end, esp. a political or social one. the Oxford English Dictionary "A philosophical theory which assumes the objective reality and active existence of everything. A doctrine or policy of advocating energetic action." Judicial activism would denote a judiciary which discharges its functions in a vigorous and decisive manner to achieve an end. Jure [Latin: from Roman law: by right, under legal authority or by the authority of the law] A variation, "juris" means "of right" or "of the law." See jurisprudence below which means "science of the law." Jurisdiction Refers to a court's authority to judge over a situation usually acquired in one of three ways: over acts committed in a defined territory (e.g.. the jurisdiction of the UK courts is limited to acts committed or originating in the UK unless conventions existed to extend the jurisdiction, e.g. in the EU), over certain types of cases (the jurisdiction of a bankruptcy court is limited to bankruptcy cases), or over certain persons (a military court has jurisdiction limited to actions of enlisted personnel). Jurisprudence

Technically, jurisprudence means the "science of law". Statutes articulate the bland rules of law, with only rare reference to factual situations. The actual application of these statutes to facts is left to judges who consider not only the statute but also other legal rules which might be relevant to arrive at a judicial decision; hence, the "science". Thus, "jurisprudence" has, to some writers, come to refer to case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. Jury A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes "the truth" given different evidence by opposing parties. Normally 12, except in Coroner's Courts and civil cases. Jus [Latin: word which, in Roman law, meant the law or a right] Also spelt "ius" in some English translations. For example, public law was called "jus publicum" and private law was called "jus privatum." Jus primae noctis Latin: law of the first night, an alleged law that in medieval times allowed lords or Catholic priests to sleep with a bride before she was married to a serf, or on her wedding night. There is no evidence that this law actually existed and is probably folklore to describe the power of feudalism, or a myth created by persons who wanted to end feudalism and criticise the lords. Jus spatiandi et manendi Latin: referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Very similar to an easement of which some courts have said a jus spatiandi is a special type. Justice Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that,

with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected. K K.C. Kings Counsel. A senior barrister when the monarch is a king. When the monarch is a queen he/she will be a Q.C. They are chosen each year, about 75 from the ranks of successful barristers. All other barristers are called juniors no matter how old they might be Kidnap It is an offence at common law punishable by fine and imprisonment at the discretion of the court to kidnap any person.

Kidnapping consists of the taking or carrying away of one person by another by force or fraud without the consent of the person so taken or carried away and without lawful excuse. Even in the case of a child victim, it is the absence of the victim's consent which is material, whatever the victim's age may be.

The common law offence of kidnapping exists in the case of a victim under the age of 14; and it may be committed by a parent who takes away by force or fraud his own unmarried child under the age of 18, without the child's consent and without lawful excuse, or by a husband on his wife if he treats her with hostile force and carries her away from the place where she wishes to remain.

Where the offence is committed against a child under the age of 16 by a person connected with the child, no prosecution may be instituted except by or with the consent of the Director of Public Prosecutions. Know How Technical information having technical significance; not strictly speaking an intellectual property right.

Laches (pronounced "lay-cheese") A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation. When you claim that a person's legal action against you is not valid because of this, you would call it "estoppel by laches".

An unconscionable delay.

In a dispute between family members about a family business, the Court of Appeal in 2000 rejected a claim by a son where the relevant events involving his father and brothers had occurred between 19 and 37 years before the start of proceedings. Landlord A land or building owner who has leased the land, the building or a part of the land or building, to another person. Land This 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. Larceny An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft has now replaced larceny. Law All the rules of conduct which are in force over a certain territory and which must be obeyed by all persons on that territory (e.g.. the "laws" of England).

Violation of these rules could lead to state action such as imprisonment or fine, or private action such as a legal judgment against the offender obtained by the person injured by the action prohibited by law.

Synonymous to a statute although in common usage, "law" refers not only to legislation or statutes but also to the body of unwritten law in those states which recognise common law. Lawyer

A 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. Any person who makes his living from the law. Leading question A question which suggests an answer; usually answerable by "yes" is a leading question, but a question that expects the answer "no" is never a leading question.

For example: "Did you see David at 3 p.m.?" such a question is forbidden to ensure that the witness is not coached by their lawyer through his or her testimony. Even "At what time did you see David?" is a leading questions unless the witness has just said she saw David that day. Leading questions are only acceptable in crossexamination or where a witness is declared hostile. Lease A 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. Leasehold Real property held under a lease. Contrast freehold. Legacy This is a gift left to someone in a will, but not including land. Legal (persuasive) burden of proof D has the legal burden to prove the issue he raises. It requires the defence to adduce some credible evidence. Failure to convince the jury or the magistrates of a defence will mean the defendant will be found guilty. It is usually a do or die situation, because D will have probably admitted all the other ingredients of the offence, and be relying solely on the defence he raises, so it is described as a high standard.

The legal burden is a higher standard than the evidential burden.

The defendant may, for example, wish to raise a defence (evidential burden) that he did not know some particular fact (legal burden), or that he was not going to drive whilst drunk, or that he was insane.

The standard the defendant has to reach is on the balance of probabilities.

Sometimes referred to as the persuasive burden.

The legal burden and the evidential burden are often referred to as reverse burdens.

To take a well-known example, possessing an offensive weapon places a (legal) burden of proof on the defendant, because the offence contains the phrases "without lawful authority or excuse, the proof whereof shall lie on him".

The legal (or persuasive) burden is imposed on a defendant who wishes to raise "lawful authority or reasonable excuse".

See evidential burden of proof. Legal custody A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody). Legal Fiction A rule assuming as true something that is clearly false. A fiction is often used to avoid rules that Parliament should change.

So, for example if a body has no power to sit beyond midnight but has several hours more of work still to do, it is easier to turn back the clock on their wall from time to time than it is to change their constitution.

When the High Court had a full workload of civil cases the criminal division of the same court, could help out and take on some cases by pretending that the defendant in a simple civil action had been arrested and was in custody.

The fiction that a corporation is, a person separate from its members is equivalent to saying that the law deals with the group as a unit, disregarding for the group's individual members. Legislation Written and approved laws. Also known as "statutes" or "Acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (i.e. the Houses of Parliament) to write the laws of the land. Subordinate legislation includes local bye-laws. Legitimate Expectation Legal entitlement to anticipate the occurrence of an event which is induced by the conduct of an administrative body. Letters of administration This 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. Liability Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. To say a person is "liable" for a debt or wrongful act is to indicate that they are the person responsible for paying the debt or compensating the wrongful act. Libel Defamation by writing such as in a newspaper or a letter. Liberal construction A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with ambiguous wording in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the wording actually means. Licence A 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. A common example is allowing a person to walk across your lawn which, if it were not for the licence, would constitute trespass. Licences are revocable

at will (unless supported by a contract) and, as such, differs from an easement (the latter conveying a legal interest in the land).

Licences which are not based on a contract and which are fully revocable are called "simple" or "bare" licences. A common example is the shopping centre to which access by the public is on the basis of an implied licence. Life extinct Euphemism for "dead". Sometimes used by lawyers to spare the feelings of relatives in court cases. "On arrival at hospital life was pronounced extinct"; meaning "He was dead by the time he got to hospital". Lien The right to hold the properly of another as security for the performance of an obligation. I can be a property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. A possessory lien is the right of the creditor to retain possession of his debtor's properly until his debt has been satisfied. A particular lien exists only as a security for the particular debt incurred, while a general lien is available as a security for all debts arising out of similar transactions between the parties. Thus a solicitor has a lien on his client's papers to secure his costs. It may involve possession of the object until the debt is paid or it may be registered against the object (especially if the object is land). For example a car put in for repair allows the garage to claim a lien over the car until the bill is paid. Ultimately, a lien can be enforced by a court sale of the property to which it attached and then the debt is paid off from the proceeds of the sale. See the Tort Interference with Goods Act. A common law lien lasts only so long as possession is retained, but while it lasts can he asserted against the whole world. An equitable lien exists independently of possession; i.e. it may bind property not in possession at the time the obligation is incurred, but it cannot avail against the purchaser of a legal estate for value without notice of the lien.

A charging lien is the right to charge property in another's possession with the payment of a debt or the performance of a duty. 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 estate A 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.

A property right to last only for the life of the life tenant is called the estate "pur sa vie." If it is for the duration of the life of a third party, it is called an estate " pur autre vie". The rights of the life tenant are restricted to conduct which does not permanently change the land or structures upon it. Life tenant The beneficiary of a life estate. Limitation period "The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim." (Civil Justice Rules) Limited partner A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his (or her) investment. Limited partners, though, have no right to manage the partnership. Limited partners are usually just investors or promoters who seek the tax benefits of a partnership Limitrophe Adjacent, bordering or contiguous. Lineal descendant A person who is a direct descendant such as a child to his or her natural parent. Liquidated damages

Quantum 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.

See unliquidated damages Liquidation The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors. List "Cases are allocated to different lists depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges " (Civil Justice Rules) Lis pendens [Latin: a dispute or matter which is the subject of ongoing or pending litigation] Politicians will sometimes refuse to discuss a matter or an issue which is " lis pendens" because they do not want their comments to be perceived as an attempt to influence a court of law. Literal construction A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used.

Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted). Litigation A dispute is in "litigation" ( or being "litigated") when it has become the subject of a formal court action or law suit. Also the study of court process, both civil and criminal. Litigant in person A person who represents himself and does not have the services of a lawyer in court.

Lord Phillips the Lord Chief Justice has said that the number of obsessive litigants is increasing, but there is little data to support this claim. However, research by the DCA (Moorhead 2005) has shown that the Court of Appeal perceive such litigants

to be an increasing problem, both in their number and by being increasingly difficult, "some will not take "no" for an answer".

Even if litigants in person are a problem for the courts officials are reminded of Lord Woolf's famous remarks: "Only too often the litigant in person is regarded as a problem for judges and for the court system rather than the person for whom the system of civil justice exists. "The true problem is the court system and its procedures which are still too often inaccessible and incomprehensible to ordinary people" (Access to Justice interim report 1995) See also vexatious litigant Livery Delivery. An archaic legal word from the feudal system referring to the actual legal transmission of possession of an object to another.

For example, a knight would obtain an estate in land as tenure in exchange for serving in the king's army for 40 days a year. The king would give exclusive possession of the land, (i.e. "livery") to the knight.

A writ of livery also developed which allowed persons to sue for possession of land under the feudal system. Livery (or "delivery") of the land was important in completing legal possession or, as it was known in the feudal system, seisin. Living will, also called advance directive, or advance decision A document that sets out guidelines for dealing with life sustaining medical procedures in the eventuality of the signatory's sudden debilitation.

See advance decision LLB., LM. or LLD. The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law (LLB.), the masters degree in law (LL.M.) and the doctorate in law (LL.D.). Locus

[Latin: the place]. For example, lawyers talk of the "locus delicti" as the pace where a criminal offence was committed or "loco parentis" to refer to a person who stands in the place of a parent such as a step-parent in a common law relationship. Locus standi The right of a litigant to act or be heard.

It has been called "one of the most amorphous concepts in the entire domain of public law".

In common law the litigant has locus standi if a private right is interfered with; in statute law the right is conferred by the statute. For example, in Boyce v Paddington Borough Council (1903), the claimant Boyce had a private right of access interfered with by the Council and consequently suffered special damage, he therefore had a special interest in the subject matter of the action and had l ocus standi.

Conversely, R v Secretary of State for the Environment, ex parte Rose Theatre Trust co (1990) the remains of the Rose Theatre, which had seen the first performances of works by Shakespeare and Marlowe, were discovered during redevelopment works in the London Borough of Southwark. The applicant, whose members included distinguished archaeologists and actors, was formed in order to campaign for the protection of the remains, the group did not have sufficient interest and therefore no locus standi. Lord A peer of the Realm. For example a Law Lord who sits in the House of Lords. Whilst addressed as "My Lord" and Lords Justice of Appeal who sit in the Court of Appeal and Divisional Courts of the High Court are Knights or Dames, not Peers.

Judges of the High Court are also appointed privy counsellors and are entitled to use the prefix "Right Honourable" before their names. Lord-Lieutenant A Lord-Lieutenant (pronounced "Lord Left-tenant") is the permanent local representative of the Crown in a county. The Queen appoints them on the recommendation of the Prime Minister.

They attend on royalty during official visits (which they always help to arrange), perform duties in connection with the armed forces, and make presentations of honours and awards on behalf of the Crown.

Lord-Lieutenants also work closely with local charitable and voluntary groups in their counties and areas and often chair the local Advisory Committees on Justices of the Peace.

On official occasions there is a formal dress, resplendent, including a sword (dating back to Henry VII when they had a military role).

In speech he/she is addressed as "My Lord-Lieutenant" Luxembourg Compromise The Luxembourg compromise, reached in January 1966, brought to an end the socalled empty chair crisis; France having refused to take its seat in the Council since July 1965.

The compromise was an acknowledgement of the disagreement existing between those who, when a major national interest was at stake, wanted the members of the Council to do their best within a reasonable space of time to find solutions which all sides could adopt without encroaching on their mutual interests, and France, which was in favour of keeping discussions going until unanimous agreement was reached. Subsequently other member states were to side with the French point of view.

Laches (pronounced "lay-cheese") A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation. When you claim that a person's legal action against you is not valid because of this, you would call it "estoppel by laches".

An unconscionable delay.

In a dispute between family members about a family business, the Court of Appeal in 2000 rejected a claim by a son where the relevant events involving his father and brothers had occurred between 19 and 37 years before the start of proceedings. Landlord

A land or building owner who has leased the land, the building or a part of the land or building, to another person. Land This 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. Larceny An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft has now replaced larceny. Law All the rules of conduct which are in force over a certain territory and which must be obeyed by all persons on that territory (e.g.. the "laws" of England).

Violation of these rules could lead to state action such as imprisonment or fine, or private action such as a legal judgment against the offender obtained by the person injured by the action prohibited by law.

Synonymous to a statute although in common usage, "law" refers not only to legislation or statutes but also to the body of unwritten law in those states which recognise common law. Lawyer A 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. Any person who makes his living from the law. Leading question A question which suggests an answer; usually answerable by "yes" is a leading question, but a question that expects the answer "no" is never a leading question.

For example: "Did you see David at 3 p.m.?" such a question is forbidden to ensure that the witness is not coached by their lawyer through his or her testimony. Even "At what time did you see David?" is a leading questions unless the witness has just said she saw David that day. Leading questions are only acceptable in crossexamination or where a witness is declared hostile. Lease A 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. Leasehold Real property held under a lease. Contrast freehold. Legacy This is a gift left to someone in a will, but not including land. Legal (persuasive) burden of proof D has the legal burden to prove the issue he raises. It requires the defence to adduce some credible evidence. Failure to convince the jury or the magistrates of a defence will mean the defendant will be found guilty. It is usually a do or die situation, because D will have probably admitted all the other ingredients of the offence, and be relying solely on the defence he raises, so it is described as a high standard.

The legal burden is a higher standard than the evidential burden.

The defendant may, for example, wish to raise a defence (evidential burden) that he did not know some particular fact (legal burden), or that he was not going to drive whilst drunk, or that he was insane.

The standard the defendant has to reach is on the balance of probabilities.

Sometimes referred to as the persuasive burden.

The legal burden and the evidential burden are often referred to as reverse burdens.

To take a well-known example, possessing an offensive weapon places a (legal) burden of proof on the defendant, because the offence contains the phrases "without lawful authority or excuse, the proof whereof shall lie on him".

The legal (or persuasive) burden is imposed on a defendant who wishes to raise "lawful authority or reasonable excuse".

See evidential burden of proof. Legal custody A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare (compare with physical custody and joint custody). Legal Fiction A rule assuming as true something that is clearly false. A fiction is often used to avoid rules that Parliament should change.

So, for example if a body has no power to sit beyond midnight but has several hours more of work still to do, it is easier to turn back the clock on their wall from time to time than it is to change their constitution.

When the High Court had a full workload of civil cases the criminal division of the same court, could help out and take on some cases by pretending that the defendant in a simple civil action had been arrested and was in custody.

The fiction that a corporation is, a person separate from its members is equivalent to saying that the law deals with the group as a unit, disregarding for the group's individual members. Legislation Written and approved laws. Also known as "statutes" or "Acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (i.e. the Houses of Parliament) to write the laws of the land. Subordinate legislation includes local bye-laws.

Legitimate Expectation Legal entitlement to anticipate the occurrence of an event which is induced by the conduct of an administrative body. Letters of administration This 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. Liability Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. To say a person is "liable" for a debt or wrongful act is to indicate that they are the person responsible for paying the debt or compensating the wrongful act. Libel Defamation by writing such as in a newspaper or a letter. Liberal construction A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with ambiguous wording in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the wording actually means. Licence A 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. A common example is allowing a person to walk across your lawn which, if it were not for the licence, would constitute trespass. Licences are revocable at will (unless supported by a contract) and, as such, differs from an easement (the latter conveying a legal interest in the land).

Licences which are not based on a contract and which are fully revocable are called "simple" or "bare" licences. A common example is the shopping centre to which access by the public is on the basis of an implied licence. Life extinct Euphemism for "dead". Sometimes used by lawyers to spare the feelings of relatives in court cases. "On arrival at hospital life was pronounced extinct"; meaning "He was dead by the time he got to hospital". Lien

The right to hold the properly of another as security for the performance of an obligation. I can be a property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. A possessory lien is the right of the creditor to retain possession of his debtor's properly until his debt has been satisfied. A particular lien exists only as a security for the particular debt incurred, while a general lien is available as a security for all debts arising out of similar transactions between the parties. Thus a solicitor has a lien on his client's papers to secure his costs. It may involve possession of the object until the debt is paid or it may be registered against the object (especially if the object is land). For example a car put in for repair allows the garage to claim a lien over the car until the bill is paid. Ultimately, a lien can be enforced by a court sale of the property to which it attached and then the debt is paid off from the proceeds of the sale. See the Tort Interference with Goods Act. A common law lien lasts only so long as possession is retained, but while it lasts can he asserted against the whole world. An equitable lien exists independently of possession; i.e. it may bind property not in possession at the time the obligation is incurred, but it cannot avail against the purchaser of a legal estate for value without notice of the lien. A charging lien is the right to charge property in another's possession with the payment of a debt or the performance of a duty. 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 estate A 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.

A property right to last only for the life of the life tenant is called the estate "pur sa vie." If it is for the duration of the life of a third party, it is called an estate "pur autre vie". The rights of the life tenant are restricted to conduct which does not permanently change the land or structures upon it. Life tenant The beneficiary of a life estate. Limitation period "The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim." (Civil Justice Rules) Limited partner A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his (or her) investment. Limited partners, though, have no right to manage the partnership. Limited partners are usually just investors or promoters who seek the tax benefits of a partnership Limitrophe Adjacent, bordering or contiguous. Lineal descendant A person who is a direct descendant such as a child to his or her natural parent. Liquidated damages Quantum 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.

See unliquidated damages Liquidation The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors. List "Cases are allocated to different lists depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges " (Civil Justice Rules) Lis pendens

[Latin: a dispute or matter which is the subject of ongoing or pending litigation] Politicians will sometimes refuse to discuss a matter or an issue which is " lis pendens" because they do not want their comments to be perceived as an attempt to influence a court of law. Literal construction A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used.

Also known as "strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted). Litigation A dispute is in "litigation" ( or being "litigated") when it has become the subject of a formal court action or law suit. Also the study of court process, both civil and criminal. Litigant in person A person who represents himself and does not have the services of a lawyer in court.

Lord Phillips the Lord Chief Justice has said that the number of obsessive litigants is increasing, but there is little data to support this claim. However, research by the DCA (Moorhead 2005) has shown that the Court of Appeal perceive such litigants to be an increasing problem, both in their number and by being increasingly difficult, "some will not take "no" for an answer".

Even if litigants in person are a problem for the courts officials are reminded of Lord Woolf's famous remarks: "Only too often the litigant in person is regarded as a problem for judges and for the court system rather than the person for whom the system of civil justice exists. "The true problem is the court system and its procedures which are still too often inaccessible and incomprehensible to ordinary people" (Access to Justice interim report 1995) See also vexatious litigant Livery

Delivery. An archaic legal word from the feudal system referring to the actual legal transmission of possession of an object to another.

For example, a knight would obtain an estate in land as tenure in exchange for serving in the king's army for 40 days a year. The king would give exclusive possession of the land, (i.e. "livery") to the knight.

A writ of livery also developed which allowed persons to sue for possession of land under the feudal system. Livery (or "delivery") of the land was important in completing legal possession or, as it was known in the feudal system, seisin. Living will, also called advance directive, or advance decision A document that sets out guidelines for dealing with life sustaining medical procedures in the eventuality of the signatory's sudden debilitation.

See advance decision LLB., LM. or LLD. The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law (LLB.), the masters degree in law (LL.M.) and the doctorate in law (LL.D.). Locus [Latin: the place]. For example, lawyers talk of the "locus delicti" as the pace where a criminal offence was committed or "loco parentis" to refer to a person who stands in the place of a parent such as a step-parent in a common law relationship. Locus standi The right of a litigant to act or be heard.

It has been called "one of the most amorphous concepts in the entire domain of public law".

In common law the litigant has locus standi if a private right is interfered with; in statute law the right is conferred by the statute. For example, in Boyce v Paddington Borough Council (1903), the claimant Boyce had a private right of access interfered with by the Council and consequently suffered special damage, he

therefore had a special interest in the subject matter of the action and had l ocus standi.

Conversely, R v Secretary of State for the Environment, ex parte Rose Theatre Trust co (1990) the remains of the Rose Theatre, which had seen the first performances of works by Shakespeare and Marlowe, were discovered during redevelopment works in the London Borough of Southwark. The applicant, whose members included distinguished archaeologists and actors, was formed in order to campaign for the protection of the remains, the group did not have sufficient interest and therefore no locus standi. Lord A peer of the Realm. For example a Law Lord who sits in the House of Lords. Whilst addressed as "My Lord" and Lords Justice of Appeal who sit in the Court of Appeal and Divisional Courts of the High Court are Knights or Dames, not Peers.

Judges of the High Court are also appointed privy counsellors and are entitled to use the prefix "Right Honourable" before their names. Lord-Lieutenant A Lord-Lieutenant (pronounced "Lord Left-tenant") is the permanent local representative of the Crown in a county. The Queen appoints them on the recommendation of the Prime Minister.

They attend on royalty during official visits (which they always help to arrange), perform duties in connection with the armed forces, and make presentations of honours and awards on behalf of the Crown.

Lord-Lieutenants also work closely with local charitable and voluntary groups in their counties and areas and often chair the local Advisory Committees on Justices of the Peace.

On official occasions there is a formal dress, resplendent, including a sword (dating back to Henry VII when they had a military role).

In speech he/she is addressed as "My Lord-Lieutenant" Luxembourg Compromise

The Luxembourg compromise, reached in January 1966, brought to an end the socalled empty chair crisis; France having refused to take its seat in the Council since July 1965.

The compromise was an acknowledgement of the disagreement existing between those who, when a major national interest was at stake, wanted the members of the Council to do their best within a reasonable space of time to find solutions which all sides could adopt without encroaching on their mutual interests, and France, which was in favour of keeping discussions going until unanimous agreement was reached. Subsequently other member states were to side with the French point of view.

Maastricht Treaty See Treaty on European Union. Magna Carta [Latin: Great Charter / paper]. King John of England on 12 June 1215 was required to sign the Magna Carta on the insistence of his barons. A basic set of limits were set on the King's powers. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter.

Clause 39: Has never been rescinded, and is the precursor of habeas corpus "No free man shall be seized or imprisoned, or stripped of his rights and possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."

Clause 54: "No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband."

Clause 21: No longer applicable, specified that lords could be judged only by other lords, not on ordinary courts

Clause 11: says that if a man dies owing money, his widow is not responsible for his debts. The clause is anti-semitic, because it was assumed that most moneylenders were Jews.

Clause 38: "No official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it."

Clause 40: promised to end the system by which rich offenders could simply buy their way out of trouble.

For a medieval monarch to make promises like these was an extraordinary moment in history Maintenance Refers to the obligation of one person to contribute, in part or in whole, to the cost of living of another person. Maintenance is usually expressed in a currency amount per month as in "450 pounds a month maintenance." Some countries prefer the words "support" (spousal or child) or "alimony" but they all mean the same thing. Maladministration To administer or manage inefficiently or dishonestly. Bad administration; bad management of any business, especially of public affairs. Malfeasance Doing something that is illegal. Compare with misfeasance and nonfeasance. Mandamus

Mandamus is an order requiring an inferior court or tribunal or person or body of persons charged with a public duty to carry out its judicial or other public duty. An order of mandamus cannot be made against the Crown (Crown Proceedings Act 1947, s 40), but it will lie against an officer of the Crown who is obliged by statute to do some ministerial or administrative act which affects the rights or interests of the applicant. Manslaughter There are two principle forms of manslaughter, voluntary and involuntary.

The former is where the defendant intends to kill but rather than being convicted for murder is convicted of the lesser offence because of diminished responsibility, provocation or suicide pact. The common law was put on a statutory basis by the Homicide Act 1957.

Involuntary manslaughter is where the death of the victim occurs because of a dangerous and unlawful act (formerly called constructive manslaughter) or because death occurs through the gross negligence of the defendant.

Reckless manslaughter is subsumed in Gross Negligence manslaughter. Motor manslaughter is rarely seen in British courts. Maritime law A very specific body of law peculiar to seamen, harbours and transportation by water. Marriage The state recognised, voluntary and exclusive contract for the lifelong union of two persons. Most countries including the UK do not recognise marriage between same sex couples or polygamous marriages.

Same sex civil partnerships are precisely that and not marriage.

Maxwell-Fyfe, David QC David Maxwell-Fyfe was born in Scotland the son of a teacher. Became a barrister, took silk, and married Rex Harrisons glamorous sister. At 35 became a Conservative MP.

In 1945 he was deputy chief prosecutor at the Nuremberg trials and was then involved with European reconstruction.

He served on the Council of Europe as rapporteur (a reporting official, chairman) on the team drafting the Convention on Human Rights. In 1951, the United Kingdom became the first country to ratify the convention. Britain did not accept the jurisdiction of the European Court established in 1959 - until 1966.

As Home Secretary Maxwell-Fyfe refused clemency to Derek Bentley who had a mental age of 11 and was hanged after a policeman was shot dead by his accomplice Craig who could not be hanged because he was under-age. Matrimony The legal state of being married. Ecclesiastics talk of the "holy" state of matrimony. McKenzie friend From McKenzie v McKenzie [1970] CA A person at the side of a party in an action who could give advice, take notes and make suggestions to the applicants in the conduct of their case. Lord Tenterden CJ said that any person, whether a professional man or not, may attend court as a friend, may take notes, and may quietly offer suggestions and give advice.

The judgment in the 1999 Court of Appeal case of R v Bow County Court, ex parte Pelling confirms that litigants in person should be allowed the help of a McKenzie Friend in public proceedings, held in open court or in chambers, unless the judge is satisfied that fairness and the interests of justice do not require it.

In an open court hearing there usually must be some justification established if a person is not to have the benefit of a McKenzie Friend, or some evidence that the McKenzie Friend has acted or is acting inappropriately at the hearing which makes it reasonable to deprive the litigant of the assistance which would otherwise be permitted.

Where the proceedings are held in private then the nature of those proceedings (which make it appropriate for the hearing to be in private) may make it undesirable in the interests of justice for a McKenzie Friend to assist.

On 12 July 2010, Master of the Rolls Lord Neuberger and the President Sir Nicholas Wall in the Court of Appeal, Civil Division issued further guidance in the Guidance for McKenzie Friends (Civil and Family Courts)

Measure Any legislative, judicial or administrative act adopted by a Community institution or national authority. Mediation The 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. The mediator does not adjudicate the issues in dispute or force a compromise; only the parties, of their own volition, can shift their position in order to achieve a settlement. The result of a successful mediation is called a "settlement." Compare with arbitration. Can be used in marital breakdown before divorce, or to prevent divorce. Member State

A state which is a member of the European Communities. Depending on the context, the term may refer to : the state as a person in international law; the organs of government of the state, including local authorities, the judiciary and all persons or bodies exercising powers of a public, as opposed to a private nature; the state and the inhabitants of the state; or the territorial area of the state.

Mens rea [Latin: guilty mind]. Many serious crimes require the proof of "mens rea". In other words, the prosecution must prove not only that the accused committed the offence but also that he/ she did it knowing that it was prohibited; that their act (or omission) was done with an intent to commit a crime, or foresaw the consequences of their actions. Mens rea can be detected in a crime from a limited number of words than are used in the offence to indicate state of mind, e.g. "intention", "wilfully" or "with malice".

Other crimes considered less serious, motoring offences for example require no mens rea and are described as offences of strict liability.

Some crimes require specific knowledge as part of the mens rea for example, knowledge or belief that the goods have been stolen is an essential ingredient in a charge of handling stolen goods.

Where mens rea is required it must be proved that it occurred at the same time as the actus reus of the crime (referred to as contemporaneity or coincidence of actus reus and mens rea).

Motive is not the same as mens rea which is a legal concept. Merger Treaty

Treaty creating a single Council to take the place of the Special Council of Ministers of the European Coal and Steel Community, the Council of the European Economic Community and the Council of the European Atomic Energy Community, and a single Commission to take the place of the High Authority of the European Coal and Steel Community, the Commission of the European Economic Community and the Commission of the European Atomic Energy Community. Ministry of Justice The Ministry of Justice (MoJ) came into being in May 2007. It comprises the National Offender Management Service , the Office for Criminal Justice Reform and the Department for Constitutional Affairs (DCA).

The MoJ has responsibility for the courts, sentencing, prisons, rehabilitation plus DCA policies like voting, crown dependencies, human rights, tribunals and freedom of information. Minor A 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. For many new adults, this may mean the right to purchase alcohol and vote. However, there are many other legal rights that a minor does not have such as, in some states, the right to own land, to sign a contract or to get married. Minutes The official record of a meeting. Some minutes include a summary (not verbatim) of the discussion along with any resolutions. Other minutes just contain a record of the decisions. Minutes start with the name of the organisation, the place and date of the meeting and the name of those person's present. Minutes are prepared by the corporate secretary and signed by either the president, chairperson or secretary. Miranda warning In the USA: also known as the "Miranda Rule, this is the name given to the requirement that police officers, in the U.S.A., must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning is so desired. Failure to issue the Miranda warning results in the evidence so

obtained not being admissible in the court. The warning became a national police requirement when ordered by the US Supreme Court in the 1966 case Miranda v Arizona and that is how it got the name. In the UK, the equivalent is to caution under the provision of the Police and Criminal Evidence Act 1984, formerly known as Judges Rules. Misdemeanour UK: A minor crime, formerly contrasted with a felony. (USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year. Mis-feasance Improperly doing something that a person has the legal right to do. Compare with malfeasance and nonfeasance. The unlawful performance of a lawful act. For the tort of "misfeasance in a public office" it is not necessary to prove malice. In a case in 1984, the Ministry of Agriculture banned the importation of French turkeys to protect British producers. The Court of Appeal ruled that it did not matter that the ministry had not acted to harm French interests but merely to protect those in Britain. It was enough that an official knew that he was acting beyond his powers, and that his action would financially injure others. Mis-joinder When a person has been named as a party to an action when that person should not have been added. When this is asserted, a court will usually accommodate a request to amend the court documents to strike out, or substitute for, the name of the misjoined party. Compare with non-joinder. Misrepresentation A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. Missives In Scotland, letters and other writings exchanged by parties negotiating for a contract - nearly always to buy and sell 'heritage'. Mistrial

A partial or complete trial which is found to be null and void and of no effect because of some irregularity. The sudden end of trial before it would ordinarily end because of some reason, which invalidates it. Once a mistrial is declared, the situation is as if the trial had never occurred. Some common reasons for a mistrial include a deadlocked jury, the death of a juror or a serious procedural and prejudicial mistake made at the trial that cannot be corrected. Mitigating circumstances These are facts that, while not negating an offence or wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did. For example, assault, though provoked, is still assault but provocation may constitute mitigating circumstances and allow for a lesser sentence. Mitigation of damages A person who sues another for damages has a responsibility to minimise those damages, as far as reasonable. For example, in a wrongful dismissal action, the person that was sacked should make some effort to find another job so as to minimise the economic damage on themselves. Mode of Trial A procedure in the magistrates court where, in either-way cases a not guilty plea or no plea is indicated, a decision is made as to whether the trial is to take place in the magistrates court or Crown Court, depending upon seriousness Modus operandi [Latin: method of operation]. Used by law enforcement officials to refer to a criminal's preferred method of committing crime. For example, car thief "George" may have a break and enter technique that leaves a long scratch mark on the door. Upon discovery of a stolen vehicle with such a mark, the police might include "George" in the list of suspects because the evidence at the crime scene is consistent with his "modus operandi." Moiety Half of something. For example, it can be said that joint tenants hold a moiety in property. In old criminal law, there were "moiety acts" which allowed half of the fine money to be handed over to the informer.

Monopoly A commercial advantage enjoyed by only one or a select few companies in which only those companies can trade in a certain area. Some monopolies are legal, such as those temporarily created by patents. Others are secretly built by conspiracy between two or more companies and are prohibited by law. Moot Also called a "moot point": a side issue, problem or question which does not have to be decided to resolve the main issues in a dispute. Moot court Fictional or hypothetical trial, usually hosted by law schools, as training for future barristers or solicitors.

Motor Insurers Bureau (MIB) The MIB was established in 1946 to compensate victims of untraced or uninsured drivers. By virtue of the Road Traffic Act 1988 every motor insurance company is obliged to contribute towards its funding. It is estimated that every insured motorist pays 30 extra annually on their policy to cover the costs of the MIB. Motive The purpose behind an action, to be distinguished from the legal concept of mens rea.

Motive therefore is not normally relevant in prosecutions, except in cases of libel. Although motive may provide circumstantial evidence that the defendant is guilty of the crime alleged it is rarely relevant.

A "good" motive, for example to kill a loved one to prevent them from suffering does not affect guilt so euthanasia is still murder.

Motive may have some relevance in the crime of libel.

Motive goes to mitigation and can be taken into account in deciding sentence. Moratorium The temporary suspension of legal action against a person. Mortgage An 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. In some jurisdictions, it entails a conveyance of the land until the debt is paid in full. The person lending the money and receiving the mortgage is called the mortgagee; the person who concedes a mortgage as security upon their property is called a mortgagor. Popularly people talk of "getting a mortgage" from a bank or building society when in fact it is they that give the mortgage against the loan of the money. Multiplepoinding An action in Scotland, (pronounced "multiplepinding") is a civil action to sort out a number of conflicting claims on, for example, a frozen Bank Account. Murder Intentional taking of another person's life, without legal justification or provocation.

"Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the king's peace, with malice aforethought, either expressed by the party or implied by law...so that the wounded party shall die of the wound or hurt, (within a year and a day of the same." This last sentence removed by The Law Reform (Year and a Day Rule) Act 1996 (Derived from Coke's Institutes, 3 Co Inst 47)(17th Century)

Under the Crime (Sentences) Act 1997 a second conviction for attempted murder carries a mandatory sentence of life imprisonment. Murmuring (a judge) The offence of publicly criticising, or "murmuring", a judge, or for jurors to openly discuss their deliberations after they reach a verdict.

In 1900, the editor of the Birmingham Daily Argos was fined 100 by the Lord Chief Justice for describing Mr Justice Darling as an impudent little man in horsehair. The editor avoided a prison sentence for personal scurrilous abuse of a judge only because he made an abject apology.

Avoiding prosecution, but arguably offending this principle, Paul Dacre, editor of the Daily Mail, made a speech to the Society of Editors on 9 November 2008, in which he accused Mr Justice Eady of an animus against the popular press, and complained that the judge had given arrogant and amoral judgments that had created a privacy law with a stroke of his pen. The matter in question was the defamation judgment concerning Max Mosley the head of F1 motor sport whom it had been alleged had paid five women 2,500 to take part in acts of sexual depravity with him

mutatis mutandis [Latin: When the necessary changes have been made] Draws the reader's attention to the difference between one statement and another.

Nation state A sovereign state of which most of the citizens or subjects also share factors such as language or common descent, a common history and traditions and culture. A common language is not necessary, for example Switzerland has 4 main languages. National Law Domestic law of a member state, as distinct from EU law. National treatment A tenet of international trade agreements whereby nations must afford imported goods the same treatment that they afford domestic or "national" products (no discrimination).

Natural justice A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case-the rule against bias) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions. Ne bis in idem [Latin: not for the same thing] A principle in criminal law that a person should not be tried or punished twice. It is generally recognised as a legal principle in most states and might be considered a principle of International Law, however, jurisdictions are not bound by it. The EU is working towards a Europe wide principle to prevent second trials in other countries. This principle is closely linked to autrefois acquit (convict) and is often used interchangeably with "double jeopardy". Negligence Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to liability in tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others. Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence. Negotiate To 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. Barristers are often instructed by solicitors to negotiate for a settlement for a client to avoid court action. 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. Nemo tenetin ipsum accusare [Latin: no one may be compelled to betray himself] It is this principle is behind the right to silence. The rule requires the prosecution to provide evidence not the defendant. there are exceptions for example blood samples have to be supplied for drink driving allegations. Next of kin The nearest blood relative of a deceased. The expression has come to describe those persons most related to a dead person and therefore set to inherit the deceased's property. Nepotism From the Latin nepos for nephew. Used when a member of your family hands you a job. Nepotism was coined in the Middle Ages to describe the behaviour of certain Popes and other high Church officials. In the modern age, the heads of the Church have usually been widely respected moral leaders, but in earlier times some were corrupt. Their appointment of their "nephews" (a polite way of referring to their illegitimate children) to church offices was one of the practices that helped to bring on the Reformation. Nice Treaty Signed in December 2000 this Treaty makes provision for the future enlargement of the European Union. To this end the Treaty lays down new rules for the composition of the European Commission and expands the areas that can be decided by majority voting. Nobile officium In Scotland, the equitable jurisdiction of the High Court of Justiciary or the Inner House of the Court of Session to give a remedy where none would otherwise be available, or to soften the effect of the law in a particular circumstance. Nolo contendere [Latin: I will not defend it]. Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. Non est factum [Latin: not his deed]. A special defence in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons such as a mistake as to the kind of contract. For example, a person who signs away the deed to a house, thinking that the document signed was only a guarantee for another

person's debt, might be able to plead non est factum in a court and on that basis get the court to void the contract. Nonfeasance Not doing something that a person should be doing. Compare with malfeasance and misfeasance. Non-joinder When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder. Notary Also known as "notary public": a legal officer with specific judicial authority to attest to legal documents usually with an official seal. Most countries do not have notaries vesting administrative legal authority in lawyers or court officers. In the UK this function is carried out by solicitors or court officers. Notwithstanding In spite of, even if, without regard to or impediment by other things. If a sentence containing 'notwithstanding' does not seem to make sense try changing the word "notwithstanding" to "even though", see if that helps. Novation Substitute: novation can refer to the substitution of one thing for another. In contract law it can occur when three parties (tripartite) agree to change the contract that exists between two of the parties, the contract is rescinded and a new contract is substituted. The new contract will usually be on the same terms the only difference will be the substitution of the new party (hence tripartite). For example, a creditor at the request of the debtor agrees to take another person as his debtor in the place of the original debtor, its effect is to release the obligation of the former party and to impose them on the new party. This typically occurs when there is a change in the membership of a partnership in a firm. Other novations can occur when an original borrower is substituted by a new borrower; the original borrower is released from all liability to the original maker of the loan. (Compare with "assignment", "sub-participation", "subrogation") novus actus interveniens [Latin: a new intervening act] An intervening act that breaks the chain of causation. Nudum pactum

[Latin: a bare promise] A contract law term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law. A contract without consideration. Nuisance Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience to a neighbour or to the public. Nuisance is a tort. Nulla Poena Sine Lege [Latin: no punishment except in accordance with the law]. A principle of Natural Justice. Nunc pro tunc [Latin: now for then]. It refers to the doing of something late (after it should have been done in the first place), with effect as if it had been done on time. O Oath A religious or solemn affirmation to tell the truth or to take a certain action. Obiter dictum [Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis May also be referred to as "dicta" or "dictum." Obligee The person who is to receive the benefit of someone else's obligation; that "someone else" being the obligor. Also called a "promisee." Some countries refer to the recipient of family support as an "obligee". Obligor A person who is contractually or legally, committed or obliged, to providing something to another person; the recipient of the benefit being called the obligee. Also known as the "promisor." Obscene Usually used in the context of the portrayal or description of sexual matters. A human body is not of itself obscene. Can include something that is offensive or disgusting by accepted standards of morality and decency. This would include obscene jokes and obscene literature.

It would include behaviour that is offensive to moral principles, or is repugnant. It can include expressions such as "using animals' skins for fur coats is obscene". The issue of obscenity is entirely one for the jury and expert evidence on the issue is not admissible. A performance of a play is deemed to be obscene if, taken as a whole, its effect was such as to tend to deprave and corrupt persons who were likely, having regard to all the relevant circumstances. An article is deemed to be obscene for the purposes of the Obscene Publications Acts 1959 and 1964 if its effect or, where the article comprises two or more distinct items, the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. Obstructing justice An act which tends to impede or thwart the administration of justice. Examples include trying to bribe a witness or juror or providing law enforcement officers with information known to be false. Offence A crime; any act which contravenes the criminal law of the country in which it occurs. Offer A 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. See also "acceptance". Official copy " copy of an official document, supplied and marked as such by the office which issued the original." (Civil Justice Rules) Official Journal of the European Communities Official Community publication containing (in the L series) the texts of regulations, directives, decisions, recommendations, agreements and other measures, and (in the C series) notices, particulars of cases brought before the European Court, with the operative part of the judgment or order, and other information. The Supplement to the Official Journal (also known as the S Series) contains notices of public contracts. Ombudsman A person whose occupation consists of investigating customer complaints against a variety of institutions. Many government bodies including parliament have

ombudsmen who will investigate citizen complaints. Others include, building society ombudsman, health service ombudsman and local authority ombudsman. 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). Omnibus bill A draft law before parliament which contains more than one substantive matter, or several minor matters which have been combined into one bill, ostensibly for the sake of convenience. The omnibus bill is an "all or nothing" tactic. Onus [Latin: the burden]. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the crown. It is the prosecution that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the claimant who must prove his case by balance of probabilities. So "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil. The burden of proof, onus probandi, can shift between parties and between crown and defendant, for example offensive weapons when the prosecution has shown the defendant possessed the item it is then his burden to prove he had it for a lawful purpose. Onus probandi [Latin: the burden of proof], this normally lies on the prosecution, but it can shift during a trial. Open ended agreement An 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. Opinion Act of the EU Council or European Commission under the EC Treaty, art 249, which lacks binding force. Decision of the Court of Justice under the EC Treaty, art 300, as to whether an envisaged agreement is compatible with the provisions of the Treaty.

Reasoned statement made to the Court of Justice in open court by an advocate general recommending to the court a solution to the issues of fact and law in a case pending before it. Order A formal written direction given by a member of the judiciary; a court decision without reasons. Orphan A person who has lost one or both of his or her natural parents. Ors An abbreviation, meaning "others", used in case names. Example: Afzal, R (on the application of) v Election Court & Ors [2005] EWCA Civ 647 This abbreviation is never used by the House of Lords in case names. Ouster clauses also called Finality clauses A provision in an Act of Parliament to restrict or eliminate judicial review. Out-of-court settlement An agreement between two litigants to settle a matter privately before the Court has rendered its decision. Most civil actions are settled in this way.

Oyer and Terminer [Norman French: To hear and determine]. Not in current usage. Formerly indicated jurisdiction of criminal courts. Paedophile A person afflicted with "paedophilia", a sexual perversion in which children are preferred as sexual partners. Palm tree justice A term, often used pejoratively, for compromise justice, as distinct from real justice. At best, a common sense approach, or pragmatic justice.

Perhaps derived from the image of a colonial magistrate sitting under his judicial palm tree, meting out decisions that seemed right to him in the particular cases at hand, or from the concept of people sitting under a tree and agreeing a solution.

BUCKNILL LJ, in the unreported case of Newgrosh v Newgrosh (1950) appears to be the first judge to have use the expression judicially, when he said, "...the principle which has been described here as 'Palm Tree Justice.' I understand that to be justice which makes orders which appear to be fair and just in the special circumstances of the case." Paralegal A person who is not a lawyer or is not acting in that capacity but who provides a limited number of legal services. Pardon A pardon is a crown decision to allow a person who has been convicted of a crime, to be free and absolved of that conviction, as if never convicted. Parens patriae [Latin: a common law creation whereby the courts have the right to make unfettered decisions concerning people who are not able to take care of themselves].

For example, court can make custody decisions regarding a child or an insane person, even without statute law to allow them to do so, based on their residual, common law based parens patriae jurisdiction. Pari delicto Latin for "of equal fault." For example, if two parties complain to a judge of the non performance of a contract by the other, the judge could refuse to provide a remedy to either of them because of "pari delicto": a finding that they were equally at fault in causing the contract's breach. Pari passu

[Latin: Equitably and without preference]. This term is often used in bankruptcy proceedings where creditors are said to be "pari passu" which means that they are all equal and that distribution of the assets will occur without preference between them Parole An 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. Parricide Killing one's parent or another a family member or close relative. Partnership A business organisation in which two or more persons carry on a business together for profit. Partners are each fully liable for all the debts of the enterprise but they also share the profits exclusively.

One of the basic advantages of partnerships is that they tend to allow business losses to be deducted from personal income for tax purposes (see also limited partner). Parliament Acts (1911 and 1949) The Parliament Act of 1911 was introduced to reform Parliament, and the House of Lords in particular. It deprived the House of Lords of any power over Money Bills and gave the Speaker the power to decide what was a Money Bill. It allowed Bills that had been passed by the Commons in three successive sessions, but rejected by the Lords in all three, to become Law. It reduced the maximum life of a Parliament from seven to five years.

The Parliament Act 1949 reduced the powers that the House of Lords had to delay a Bill from becoming law if the House of Commons approved it. Since the

Parliament Act 1911 the House of Lords had been able to delay legislation for two years. The 1949 Act reduced this to one year. Paternity Being a father. "Paternity suits" are launched when a man denies paternity of a child born out of wedlock. New technology of DNA testing can establish paternity thus obliging the father to provide child support. Patricide The killing of one's father. Payee The person to whom payment is addressed or given. In commercial law, the term refers to the person to whom a bill of exchange is made payable. On a regular cheque, the space preceded with the words "pay to the order of" identifies the payee. Payor The person who is making the payment(s). In commercial law, the word refers to

the person who makes the payment on a cheque or bill of exchange. Peer A member of the House of Lords. A Peer is someone who is a Baron, Duke, Earl or Marquis.

Some titles are Hereditary but most Barons are Life Peers. Life Peers and some Hereditary Peers are entitled to sit in the House of Lords.

The Members of the House of Lords consist of around 700 Hereditary Peers, Life Peers and Bishops. The public does not elect Members of the Lords.

Hereditary Peers inherit their titles and Life Peers are appointed by the Queen on the advice of the Prime Minister to serve for their life; the title is not transferable. Since 2000 most hereditary peers have lost the right to sit in the House of Lords. Pendente lite [Latin: during litigation]. For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will.

Another example is an injunction pendente lite, to last only during the litigation and, again, designed simply to preserve something until the decisive court order is issued. Per curiam [Latin: by the court - literally "through the senate"] Statement made by the court to clarify a point of law, correctly made and can be used as precedent.

Statements per curiam are sometimes found near the end of case report, or they may be in the headnote usually High Court, Court of Appeal or House of Lords cases.

They are explicit statements of the law. Normally, there is one judgment given by one judge on behalf of the whole court (hence "through the senate"). The other judges may or may not make comments. However, in the House of Lords there are separate speeches, one of which might contain the per curiam statement.

The per curiam statement will probably not be part of the ratio decidendi of the case, but is nevertheless intended to be an authoritative statement of the law.

So, in Halsey v Milton Keynes General NHS Trust [2004] CA the Court of Appeal was asked to decide "when should the court impose a costs sanction against a successful

litigant on the grounds that he has refused to take part in an alternative dispute resolution (ADR)?"; the court issued a statement per curiam: "All members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR" (at paragraph 11). In Halsey Lord Justice Dyson gave the judgment for the whole court.

Contrast per incuriam

The curia (from where we derive per curiam) was the senate house where Roman senators met during the Republic of ancient Rome. Although the Senate could not make laws, it was the dominant force in Roman politics; its decrees virtually had the force of law and strongly influenced legislation. Like modern courts, the senate was not an elected body and like early English courts its original purpose was to advise the King. Per incuriam (the "per incuriam rule") [Latin: through the want of care] A decision which a subsequent court finds to be a mistake, and therefore not binding precedent.

It may have occurred through ignorance of a relevant authority e.g. a case on the point of law or legislation.

Firstly, in the Court of Appeal a decision is given per incuriam it acted in ignorance of a previous decision of its own or of a court of co-ordinate jurisdiction which covered the case before it. If this happens it must decide which case to follow.

Second, when it has acted in ignorance of a House of Lords decision.

If this happens it must follow that decision.

Third, when the decision is given in ignorance of the terms of a statute or rule having statutory force.

Forth, when, in rare and exceptional cases, when it is satisfied that the earlier decision involved a manifest slip or error and there is no real prospect of a further appeal to the House of Lords.

General rule: A decision is not per incuriam, for example because the court had not the benefit of the best argument.

Generally, the only cases in which decisions should be held to be given per incuriam are those given in ignorance of some inconsistent statute or binding authority.

Even if a decision of the Court of Appeal has misinterpreted a previous decision of the House of Lords, the Court of Appeal must follow its previous decision and leave the House of Lords to rectify the mistake.

Sir Raymond Evershed MR, in Williams v Fawcett (1985) CA:

"As a general rule the only cases in which decisions should be held to have been given per incuriam are those of decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned: so that in such cases some part of the decision or some step in the reasoning on which it is based is found, on that account, to be demonstrably wrong.

"This definition is not necessarily exhaustive, but cases not strictly within it which can properly be held to have been decided per incuriam must, in our judgment, consistently with the stare decisis rule which is an essential feature of our law, be, in the language of Lord Greene MR, of the rarest occurrence. In the present case it is not shown that any statutory provision or binding authority was overlooked... As we have already said, it is, in our judgment, impossible to fasten upon any part of the decision under consideration or upon any step in the reasoning upon which the judgments were based and to say of it: 'Here was a manifest slip or error.'" Lord Denning, citing the per incuriam rule, in Broome v Cassell [1971] famously persuaded the other members of the Court of Appeal to reach a decision that was contrary to a House of Lords decision in Rookes v Barnard [1964]. This was part of a concerted campaign by Denning to give more flexibility to the Court of Appeal. Denning's decision was reversed when Broome reached the House of Lords.

In Young v Bristol Aeroplane co. Ltd [1944] the Court of Appeal found three reasons for not being bound by its previous decisions, the third is " ... the court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam, e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court". It is now found that there are more than three reasons, for example conflict with the Human Rights Act. Percolating water Water 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. Perjury An intentional lie given while under oath or in a sworn affidavit. Permanent Vegetative State Permanent Vegetative State See PVS below. Perpetuity Forever; of unlimited duration. There is a strong bias in the law against things that are to last in perpetuity. Rights that are to last forever are said to hinder commerce

as an impediment to the circulation of property. That is why there is a rule against perpetuities Person An 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.

Many laws give certain powers to "persons" which, in almost all instances, includes business organisations that have been formally registered such as partnerships, corporations or associations. Personal property This is all property except land. Personal representative In the law of wills, this is the general name given to the person who administers the estate of a deceased person. There are two kinds of personal representatives. Where a person dies without a will, the court must appoint an administrator. Where a personal representative is named in a will, the personal representative is known as an executor or if female an executrix. Pettifogger A petty or underhanded lawyer who sustains a professional livelihood on disreputable or dishonourable business. The word has also taken on an common usage definition referring to anyone prone to quibbling over details Petty offence A minor crime and for which the punishment is usually just a small fine or short term of imprisonment. Physical custody or actual custody

A child custody decision which used to grant the right to organise and administer the day to day residential care of a child. Now the orders are for parental responsibility and residence (or contact, prohibited steps or specific issues). Picket To object publicly, on or adjacent to the employer's premises, to an employer's labour practices, goods or services. The most common form of picketing is patrolling with signs Pillory A medieval punishment and restraining device made of moveable and adjustable boards through which a prisoner's head or limbs were pinned. Pillories were often fixed to the ground in a city's main square and on market days, local criminals were exhibited.

Citizens were given license to throw things at the prisoners. As such, this method of punishment was not just humiliating but often led to serious injury or death. For the government, this was a public statement serving to warn others of the consequences of crime. England abolished the pillory as a form of punishment in 1837. Plaintiff Formerly the person who brings an case to court; who sues.

Now called "claimant", "petitioner" or "applicant". The person being sued is generally called the "defendant" or the "respondent". Plea and directions A procedure in the Crown Court at which a defendant is required to enter his or her plea and the judge may makes directions as to the progress of the case. Plea bargaining Negotiations during a criminal trial, between an accused person and a prosecutor in which the accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), avoiding the expense of a trial.

Judges seldom give an indication of sentence in the event of a plea of guilty, but counsel can ask to see the judge for such purpose, but the judge will usually refuse. Plea before venue A procedure in the magistrates court where, in an either-way case, a defendant is given the opportunity to indicate his or her likely plea Pleadings That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial. Poach To kill or take an animal or fish from the property of another Poinding Scottish law, (pronounced pinding) is seizing the property of an alleged debtor. Polygamy Being married to more than one person. Polygraph A lie detector machine which records even the slightest variation in blood pressure, body temperature and respiration as questions are put to, and answers elicited from a subject. Has no application in UK. post hoc ergo propter hoc [Latin: "after this therefore because of this"] Because one thing happens after another, the first event was a cause of the second event. This is a fallacy.

Nevertheless, it is used in argument to suggest the first event caused the second. For example, statistics show that mediations increase at the rate of 25% per annum in the two years that followed the Court of Appeal decision in Dunnett v Railtrack [2002] 2 All ER 850. The Centre for Effective Dispute Resolution (CEDR) say post hoc ergo propter hoc. In other words the case of Dunnett is almost certainly the cause of the increase in the use of ADR.

Postal rule A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror.

An acceptance is binding and the contract is said to be perfected when the acceptor places this acceptance in the post box for return mail even if, in fact, it never reaches the offeror.

In Henthorn v Fraser [1892] CA Lord Herschell summarised it as follows: "Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted." Power of attorney A document which gives a person the right to make binding decisions for another, as an agent. A power of attorney may be specific to a certain kind of decision or general, in which the agent makes all major decisions for the person who is the subject of the power of attorney.

The person signing the power of attorney is usually referred to, in law, as the donor and the person that would exercise the power of attorney, the donee. The power can be for a fixed period or enduring.

Significant changes in the law of attorney were made in 2007. Prcipe or precipe [Latin: used to refer to the actual writ] that would be presented to a court clerk to be officially issued on behalf of the court but now mostly refers to the covering letter from the lawyer (or claimant) which accompanies and formally asks for the writ to be issued by the court officer. The precipe is kept on the court file, but does not accompany the writ when the latter is served on the defendant. Praemunire [Latin: forewarn] the words praemunire facias "that you warn" (a person to appear) occur in the writ] An offence against the King or Parliament, in old English law, which led to serious penalties but not capital punishment Practice form "Form to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction." (Civil Justice Rules). Pre-action protocol "Statements of understanding between legal practitioners and others about preaction practice and which are approved by a relevant practice direction." (Civil Justice Rules). Precatory words Words that express a wish or a desire rather than a clear command. "Precatory words" are often found in trusts or wills and cause great difficulties when courts try to find the real intention of the settlor or testator.

For example, the words "all my property to my wife to be disposed of as she may deem just and prudent in the interest of my family" were found to be "precatory" and did not constitute a trust for family members other than the wife. Precedent

A 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.

Precedent form the basis of the theory of stare decisis which prevent "reinventing the wheel" and allows citizens to have a reasonable expectation of the legal solutions which apply in a given situation. Preferred shares, or preference shares A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company's common shares. The most common special right is a preference over holders of common shares when dividends are declared.

Another, is for the preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. There may be no limit to the qualifications a company can attach to preferred shares. For example, a family company may only allow holders of preferred shares to use a recreational property belonging to the company. Premiss A previous statement from which another is inferred. A word frequently found in pleadings, e.g. in the premisses it is denied that the Claimant is entitled to the relief claimed [variant of premise]. Preponderance A word describing evidence that persuades a judge or jury to lean to one side as opposed to the other during the course of litigation. Criminal trials require evidence beyond a reasonable doubt. But in civil trials, evidence is required only by preponderance of the evidence (or the balance of probabilities).

The judge (or jury, where applicable) will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses because the judge decides on the credibility of witnesses and give their testimony weight accordingly Prescription A method of acquiring rights through the silence of the legal owner. Known in common law jurisdiction as "statute of limitations." When used in a land law context, the term refers to the acquisition of property rights, such as an easement, by long and continued use or enjoyment.

The required duration of continued use or enjoyment, before legal rights are enforceable, is usually 12 years, derived from the Limitation Act 1980, known as "statute of limitations.". Presidency The Presidency of the European Union is held in turn on a six-monthly basis by each member state. A stint in the Presidency is a duty and a contribution that each member state makes to the proper functioning of the Community institutions. Presumption of advancement A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust. Prima facie [Latin: A legal presumption which means "on the face of it" or "at first sight"]. Lawmakers will often use this device to establish that if a certain set of facts are proven, then another fact is established prima facie.

For example, proof of mailing a letter is prima facie proof that it was received by the person to whom it was addressed and will accepted as such by a court unless proven otherwise.

Other situations may require a prima facie case before proceeding to another step in the judicial process so that you would have to at least prove then that at first glance, there appears to be a case. Primacy Prevailing effect of one system of law over another. Principal An agent's master; the person for whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions. Private Bills Private Bills are Bills that usually relate to one area, company or individual. The great majority of Private Bills are promoted by local authorities or by private companies. Private Bills are brought in after a petition by the person or organisation that wants a change in the law. These petitions have to be presented to Parliament on or before November 27th each year.

The Chairman of Ways and Means in the Commons and the Lord Chairman of Committees in the Lords decide which Bills should start in the Commons and which in the Lords. In general, substantial local authority legislation and other complex Bills are started in the Lords, but any Bill that is politically contentious is started in the Commons.

The assumption is that a Private Bill will seek rights and powers over and above those sanctioned by public acts or the common law, to which others may wish to object. Parliament therefore requires that the information that a Bill is to be promoted should be given by public advertisements in newspapers, the official gazettes and in writing to all those likely to be affected by a Bill on or before 11 December each year. Private Members' Bills

Private Members Bills are in fact Public bills which have been introduced by a backbench MP and are therefore Bills put before Parliament by individual MPs rather than the Government.

There are three ways for private Members to present bills: under the ballot procedure, under the ten-minute rule and by ordinary presentation.

Apart from uncontroversial bills, only bills presented as a result of the ballot have a realistic chance of becoming law, since only for them is a significant amount of time available for debate on the floor of the House. However, the other methods can provide publicity and, in the case of ten-minute rule bills, the opportunity to make a speech in the Chamber in prime time on a subject of the Member's own choosing.

To present a bill, only the short title and long title (the latter setting out the purposes of the bill) are needed, and there is no obligation ever to provide a text. However until a text has been provided and the bill has been printed, the bill cannot proceed to Second Reading. (Bills cannot be printed before they have been presented.)

On the day of presenting a bill, a 'dummy bill' must be collected from the Public Bill Office Private law Law 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. Privilege A special and exclusive legal advantage or right such as a benefit, exemption, power or immunity. An example would be the special privileges that some persons have in

bankruptcy to recoup their debts from the bankrupt's estate before other, non privileged creditors.

Privilege: The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law. (Civil Justice Rules). Privity of Contract A common law rule of contract that holds that a contract between two parties can only be enforced, voided, or sued on by those two parties and an a third party cannot do so.

This strict rule had implications when goods were bought for someone else, for example a gift. Only the purchaser could return the goods because of the rule of privity.

In 1999 the rule was relaxed in some circumstances to make the law more in line with modern contractual practices.

The Contracts (Rights Of Third Parties) Act 1999 implemented, with some amendments, the recommendations of the Law Commission in its Report on Privity of Contract: Contracts for the Benefit of Third Parties, Law Com No 242 (1996). Privy Council The Privy Council is the oldest legislative assembly in the UK.

It dates from the courts of the Norman kings which met in private, hence "privy".

Before 1688, the monarch and his council were the government, it was then replaced by the cabinet.

Once a month, "councils" are held by the Queen, attended by four ministers and the clerk of the council. The council obtains Her Majesty's formal approval for orders that have been approved by ministers.

In addition, the Queen approves proclamations - formal notices that cover issues such as the dissolution of Parliament, coinage and the dates of certain bank holidays - through the Privy Council.

Privy Councillors are members of the Queen's own Council: the 'Privy Council'. There are about five hundred members who have reached high public office. Membership includes all members of the Cabinet, past and present, the Speaker, the leaders of all major political parties, Archbishops and various senior judges as well as other senior public figures.

Their role is to advise the Queen in carrying out her duties as Monarch. In the past Privy Councillors were the chief governing body and fulfilled the role that the Cabinet performs today. During debates in the Commons, MPs who are Privy Councillors are referred to by their colleagues as `The Right Honourable Member'.

In centuries past, the Privy Council served as an advisory board to the monarch and was the first cabinet. "Member of the Privy Council", shown by the letters "P.C." after a surname, is now primarily a ceremonial title. It only meets in full if a monarch announces marriage or dies.

Appointment to the Privy Council is for life, but only Ministers of the democratically elected Government of the day participate in its policy work.

The Judicial Committee of the Privy Council hears appeals from former colonies. Probate When a person dies their estate (money, property and possessions) has to be deal with by collecting in all monies, paying any debts and distributing what is left to those people legally entitled to it. In order for a person (or persons) to get the required authority to do this, they usually need to obtain a legal document called a Grant of Representation (either a Grant of Probate or a Grant of Letters of Administration) from the Probate Registry. While most probate transactions are carried out by solicitors, it is possible for a person to carry this out on their own behalf. They are not allowed to do the work for payment.

So, it is the certificate giving authority to deal with someone's estate. When someone has died and left a will, the executors of the estate apply to the court for this authority. The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. A "probate court" is a name given to the court that has this power to ratify wills. Probate Court This is part of the Family Division of the High Court of Justice. It issues the certificate called probate. probate, Grant of This 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. Probate Registry When someone has died the Probate Registry supplies the forms to obtain probate. The executors have to fill in the forms to apply to get the document

(probate) from the Probate Court which confirms that the executors have been appointed and that the will is valid Probation (now called a Community Rehabilitation Order) A kind of punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, the court will order that the person reports to a probation officer regularly and according to a set schedule. It is a criminal offence not to obey a Community Rehabilitation Order (formerly called Probation) order and is cause for being immediately jailed.

If someone is "on probation", that means that they are presently under such a Court order. These orders may have special conditions attached to them such as not to leave the city, live at a certain place, not to go to a specific place or contact a certain person. Probative In relation to evidence; it refers to evidence that tends to prove a fact or persuade as to the truth, often contrasted with evidence that is prejudicial to a defendant and which is not probative. Pro bono publica [Latin: for the public good]. Usually of work done by lawyers free of charge. Pro bono. Profit prendre A servitude which resembles an easement and which allows the holder to enter the land of another and to take some natural produce such as mineral deposits, fish or game, timber, crops or pasture. Pro forma As a matter of form; in keeping with a form or practice. Something done pro forma may not be essential but it facilitates future dealings. For example, an invoice might be sent to a purchaser even before the goods are delivered as a matter of business practices Pro loco et tempore

[Latin: 'for the place and time']. In Scottish law, it is quite common for a Procurator Fiscal to abandon a case pro loco et tempore, with a view to re-raising it later. Prohibition - Order of.. Prohibition is an order restraining an inferior court or tribunal or a public authority from acting outside its jurisdiction. Thus where, for example, a tribunal is proposing to adjudicate upon some matter which is not within its jurisdiction judicial review will lie and the court can make an order of prohibition. Prohibition A legal restriction against the use of something or against certain conduct. For example, in the 1920s, both the USA and Canada enacted liquor prohibitions, outlawing the manufacture or use of alcoholic beverages Promisee A person whom is to be the beneficiary of a promise, an obligation or a contract. Synonymous to "obligee." Promisor The person who has become obliged through a promise (usually expressed in a contract) towards another, the intended beneficiary of the promise being referred to as the promisee. Also sometimes referred to a "obligor." Promissory note An unconditional, written and signed promise to pay a certain amount of money, on demand or at a certain defined date in the future. Contrary to a bill of exchange, a promissory note is not drawn on any third party holding the payor's money; it is a direct promise from the payor to the payee Proof. A hearing on the evidence in a civil case in Scotland. It is not a 'trial' (unless - and this is rare and getting increasingly rare - there is a Jury, in which case it is called a trial. In civil cases the Scottish Jury is twelve and not fifteen Property

This 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. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others.

It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." Before laws were written and enforced, property had no relevance. Possession was all that mattered.

There are many classifications of property, the most common being between real property or immovable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Propinquity Nearness in place; close-by. Also used to describe relationships as synonymous for "kin.". Pro possessore [Latin: as a possessor]. For example, a person may exercise certain rights over a thing not as owner but pro possessore: as a person who possesses, but does not own, the thing. Proportionality Principle requiring that the means used to attain a given end should not exceed what is appropriate and necessary in order to achieve that end. Propound To offer a document as being authentic or valid. Used mostly in the law of wills; to propound a will means to take legal action, as part of probate, including a formal inspection of the will, by the court. Pro rata

[Latin: to divide proportionate to a certain rate or interest]. For example, if a company with two shareholders, one with 25% and the other with 75% of the shares, received a gift of 10,000 and desired to split it "pro rata" between the shareholders, the shareholder with 25% of the shares would receive 2,500 and the 75% shareholder, 7,500. Proprietor Owner. Pro se [Latin: in one's personal behalf. Contrast with pro socio Pro socio [Latin: on behalf of a partner; not on one's personal behalf]. Prorogation When a parliamentary session comes to an end, the House is prorogued until the next session begins. Prorogation is the formal end to the Parliamentary year. Following prorogation all Motions, including early day motions, and questions which have not been answered, fall.

A bill which has not obtained royal assent by the end of the session in which it was introduced usually 'dies', and has to be reintroduced in the next session. Proscribed Forbidden, condemned, denounced.

Apparently derived from the Roman practice of writing the names of persons sentenced to death, and posting the list in public.

Counter-terrorism laws list groups considered to be terrorist organisations, thus proscribed organisations. Republican and loyalist organisations involved in the conflict in Northern Ireland have been proscribed, as have the Islamic groups such as Al-Qa'ida.

The Terrorism Act 2000 is the principle legislation for proscribing organisations such as the IRA and the Ulster Defence Association.

An example of adding new organisations as they are formed or identified is The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2006

This has important implications for suspects, for example detention after arrest can be for 28 days, Terrorism Act 2006.

Iraq's possession of weapons of mass destruction was proscribed by Security Council Resolutions 687 (1991)

Hard-core pornographic satellite services are proscribed.

Conduct can be proscribed, for example college and university rules and regulations can ban certain types of student behaviour, for example plagiarism. Prosecute To bring judicial proceedings against a person and to administer them until the conclusion of the court proceedings. Crown Prosecution Lawyers are hired by the government to administer the prosecution of criminal charges in the courts (the Crown Prosecution Service). "Prosecutor's Fallacy, The"

When considering a DNA sample as proof of guilt it is easy, to draw the following, wrong, conclusion: 1. Only one person in a million will have a DNA profile which matches that of the crime stain. 2. The defendant has a DNA profile which matches the crime stain. 3. Ergo there is a million to one probability that the defendant left the crime stain and is guilty of the crime.

It is fallacious and it has earned the title of 'The Prosecutor's Fallacy' it was one of the reasons, why the appeal against conviction was allowed in R v Deen [1994] CA. 1. If one person in a million has a DNA profile which matches that obtained from the crime scene, then the suspect will be 1 of 26 men in the United Kingdom 2. The significance of the DNA evidence will depend critically upon what else is known about the suspect. 3. If he was near the scene of the crime when it was committed the DNA evidence becomes very significant. 4. The possibility that two of the only 26 men in the United Kingdom with the matching DNA should have been in the vicinity of the crime will seem almost incredible. This error was used in a devastating way to convict Sally Clark, see here. Prospectus A document in which a corporation sets out the material details of a share or bond issue and inviting the public to invest by purchasing these financial instruments. Prostitute A person, man or woman who offers his or her body for payment. Sexual

intercourse need not take place. See Street Offences Act 1959 s.1 and Sexual Offences Act 1956 and Sexual Offences Act 1985 for the offence of soliciting in a street or public place and other restrictions. prostitute. It is not, in itself, illegal to be a

..."prostitute" means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and "prostitution" is to be interpreted accordingly, section 51(2) Sexual Offences Act 2003

Under the Sexual Offences Act 2003 it is an offence for either a male or female prostitute to solicit for the purposes of prostitution. Provocation Inciting another to respond, usually hostile. Does not excuse the person provoked who commits an assault, but goes to mitigation.

In cases of homicide, it is available as a defence to reduce the charge from murder to voluntary manslaughter (section 3 Homicide Act 1957).

See Battered Woman Syndrome and R v Smith (Morgan James) (2000) HL

The latest position appears to be Jersey v Holley [2005] PC Pro tempore [Latin: something done temporarily only and not intended to be permanent]. Proxy A right which is signed over to an agent. Proxies are used frequently at annual meetings of corporations where the right to exercise a vote is "proxied" from the shareholder to the agent.

Public Authority Power to act of a public or state nature. Person or body invested with power to act or state (as opposed to a private) nature. Public Bills Public Bills deal with matters of public policy. Most are introduced to Parliament by the Government. They tend to be general in character and affect everyone.

A Public Bill introduced by a Member who is not a Minister is known as a Private Member's Bill Public domain A term of copyright law referring to works that are not copyright protected, free for all to use without permission. Examples include works that were originally noncopyrightable (items that by their very nature are not eligible for copyright such as ideas, facts or names), copyright that has been lost or expired or where copyright has been specifically granted to the public domain Public law Those laws which regulate (1) the structure and administration of the government, (2) the conduct of the government in its relations with the citizens, (3) the responsibilities of government employees and (4) the relationships with foreign governments.

Good examples are criminal and constitutional law. It can be distinguished from private law, which regulates the private conduct between individuals, without direct involvement of the government. For example, an unsolicited punch in the nose would constitute a crime for which the government would prosecute under criminal law but for which there would also be a private legal action possible by the injured party under tort law, which is private law although governments can be held responsible under tort law. The line is often hard to draw between public and private law. Puisne

(Pronounced 'puny') Junior or lower in rank. Puisne judges are a rank of judge in the High Court

A puisne mortgage is a mortgage where the deeds of the property have not been deposited with the lender. Punitive damages, or exemplary damages Special 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. Where awarded, they are an exception to the rule that damages are to compensate not to punish.

The exact threshold of punitive damages varies. Punitive damages might even be available for breach of contract cases but only for the exceptional cases where the court wants to give a strong message to the community that similar conduct will be severely punished.

They are most common in intentional torts such as rape, battery or defamation. Some writers prefer using the word "exemplary damages" and there is an ongoing legal debate whether there is a distinction to be made between the two and even with the concept of aggravated damages. Pursuer In Scotland the complainant. PVS Permanent vegetative state 11 In April 1996 the Working Group convened by the Royal College of Physicians defined "the vegetative state" in an article "The Permanent Vegetative State" (1996) 30 Journal of the Royal College of Physicians 119: "A clinical condition of unawareness of self and environment in which the patient breathes spontaneously, has a stable circulation and shows cycles of eye closure and

eye opening which may simulate sleep and waking. This may be a transient stage in the recovery from coma or it may persist until death. "The continuing vegetative state (CVS). When the vegetative state continues for more than four weeks it becomes increasingly unlikely that the condition is part of a recovery phase from coma and the diagnosis of a continuing vegetative state can thus be made. "The permanent vegetative state (PVS). A patient in a continuing vegetative state will enter a permanent vegetative state when the diagnosis of irreversibility can be established with a high degree of clinical certainty. It is a diagnosis which is not absolute but based on probabilities. Nevertheless, it may reasonably be made when a patient has been in a continuing vegetative state following head injury for more than 12 months or following other causes of brain damage for more than six months. . ." Dame Elizabeth Butler-Sloss in NHS Trust A v M [2001] Fam, said: "The college set out the criteria for diagnosis of permanent vegetative state. The report of the college was endorsed by the Conference of Medical Royal Colleges and their Faculties of the United Kingdom. In the United States the report of the MultiSociety Task Force on PVS was published in the New England Journal of Medicine on 26 May 1994. It predates the college report and its findings are similar. The only difference of substance for the purposes of this judgment, as far as I can see, is that the periods suggested before artificial nutrition and hydration might properly be discontinued are shorter than those recommended by the college." Catherine Roberts Was diagnosed with PSV and recovered the night before her support machine was to have been turned off. in Poole. Her case has led to the preparation of new national guidelines for the treatment of coma patients. BBC report, here

Anthony Bland Leading case that withdrawal of medical treatment is allowed. Details here.

Karen Ann Quinlan

Catholic parents asked for Karen Ann's ventilator to be switched off in 1976, she breathed independently until 1985. Her case speeded up the introduction of living wills. Details here.

Terri Schiavo A high profile US case where Terri was allowed to die in 2005, denounced by the Vatican. News report, here.

Louis Viljoen A dramatic case in South Africa, of a patient responding after being diagnosed with PVS. Led to trials of a drug, Zolpidem. News report, here. Persistent Young Offender This is a young person aged 10-17 years who has been sentenced by any criminal court in the UK on three or more occasions for one or more recordable offences and within three years of the last sentencing occasion is subsequently arrested or has an information Qualified Majority Voting (QMV) System of voting in the EU Council under which the vote of each member is weighted by reference to the relative size of the member state which he represents and a majority can be obtained only by a specified number of votes cast by a minimum number of Council members.

The Nice Treaty expanded the areas that can be decided by this method, however the member states refused to surrender the veto in relation to tax matters, core social security policy, regional aid and state subsidies, trade issues affecting cultural and audio-visual matters and core immigration policy. Quantum

[Latin: amount or extent.] An expression used to mean the amount of money a successful claimant will receive in a court action. Also used to refer to the assessment a lawyer (usually a barrister) will make which guides a claimant on whether his case is worth pursuing.

The amount is usually calculated by the judge but in some cases, notably defamation cases it is set by the jury within prescribed limits. Damages are capped at 200,000. Quantum meruit [Latin: as much as is deserved.] This is a legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged. Article here. Quasi-judicial Refers to decisions made by administrative tribunals or government officials to which the rules of natural justice apply. In judicial decisions, the principles of natural justice always apply. However, between routine government policy decisions and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not usually 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 "judicial" because it directly affects the legal rights of a person. Some law teachers suggest that there is no such thing as a "quasi-judicial" decision or body; the body or decision is either judicial or not. Queen's Counsel (King's Counsel) Senior barrister, selected from applications for their 'learning in the law'.

Recommendations for the award of Queen's Counsel are made by the Queen's Counsel Selection Panel.

Queen's Evidence Evidence or information given by one defendant against another or evidence about the other's criminal activities in which the informant is not necessarily involved.

Formerly, a common law system by which a defendant could plead guilty and offer Queen's Evidence in return for a discounted sentence. It is now on a statutory footing by Serious Organised Crime And Police Act. Quia timet [Latin: because he fears] A quia timet action is one a claimant may bring to obtain an injunction to prevent or restrain some threatened act, which if it is done would cause him substantial damage and for which money would not be a sufficient or appropriate remedy.

So it would be appropriate for a supporting wall about to be demolished but not a garden fence that is about to be damaged. Quid pro quo [Latin: something for something.] The giving of something in exchange for another thing of equal value.

"Dit vor dat" means "this for that" in Dutch, and is possibly the origin of "tit for tat" in English. The Dutch expression has the same general meaning as the Latin, quid quo pro. It's also possible that tit for tat evolved from the English, tip for tap, a blow for a blow. Quorum The number of people who must be present at a meeting before business can be conducted. Without "quorum," decisions are invalid. Many organisations have a quorum requirement to prevent decisions being taken without a majority of members present.

Quo warranto [Latin: referring to a special legal procedure taken to stop a person or organisation from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.] R Ransom Money paid to have a kidnapped person released. Rape Sex with a woman, including a wife, without her consent. See in America - statutory rape. Rape (1) A person (A) commits an offence if(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. Section 1 Sexual Offences Act 2003

Real property/realty This 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. Rebuttable presumption When one fact has been proved in court it is not always necessary to prove a second fact that might flow from the first, the second fact can be inferred from the validity of the first fact. This is a "presumption", which can be either "rebuttable" or "irrebuttable". So by way of example, it could follow that if it were raining the ground would be wet.

The ground may be dry if there is a large overhanging canopy, so the wetness does not necessarily flow from the fact that there is rain. Dryness or wetness is a presumption which can be challenged by introducing evidence of the canopy.

An "irrebuttable" or conclusive presumption is a rule of law, for example a child under 10 cannot commit a crime, no matter what the circumstances that presumption cannot be challenged (rebutted).

An example of a "rebuttable" presumption is that the alcohol in the blood of a drinkdriver at the time the accident, or when he was stopped from driving by a police officer was not less than the proportion contained in the specimen (which is taken after the offence). In fact the opposite might be the case, if the defendant could only prove it. See the Road Traffic Offenders Act 1988, s. 15(3).

The truth of such a presumption can be displaced by evidence to the contrary.

Another example would be a defendant's innocence.

Thus a rebuttable presumption can reverse the normal burden of proof. Recommendation 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 no binding force.

Recorder A recorder is a judge who sits in the Crown Court, County Court and sometimes as a part-time judge in the High Court. Appointed from the ranks of barristers or solicitors, an applicant will have at least 10 years standing

By section 21 of the Courts Act 1971 recorders act as part-time judges of the Crown Court. The statutory jurisdiction of a recorder is in general identical to that of a Circuit Judge, although recorders do not normally deal with appeals or committals for sentence in the Crown Court and, particularly in the early stages of their appointment, are not likely to deal with the more important and complex cases in the courts at which they sit.

A recorder came into being as someone who took notes at local authority meetings and gradually the incumbent became legally qualified. Recuse This is an old civil and canon law term. To refuse to do something; often used to describe the behaviour of a judge, arbitrator or other court official who in the face of unacceptable behaviour or embarrassing situation leaves the court room. Often used in the reflexive form "he recused himself".

To reject a judge in a particular case as unsuitable through having a real or apparent interest in the case, a perception of bias.

In 1999, at Winchester Crown Court, Judge Patrick Hooton, who has participated in pheasant shoots, recused himself from presiding in a case involving an animal rights protester.

The Court of Appeal has said that recusal should not be based on "the religion, ethnic or national origin, gender, age, class, means or sexual orientation of the judge". Redemption Buying back. When a vendor later buys the property back. A right of redemption gives the vendor the right to buy back the property. Where a mortgage transfers title to the lender until the mortgage is paid off, the "buying back" of the property is known as redemption. 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. Relator The person who requests an action is brought by the Attorney General to enforce a public right. The Attorney General can refuse. The relator is not the claimant but he is liable for the costs of the proceedings.

The Attorney General's discretion to to sue or not to sue on behalf of the relator is absolute and cannot be reviewed by the court. Remainder A 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. REMO Abbreviation for "reciprocal enforcement of maintenance orders" and the name of the international system of recognition, registration and enforcement of child and spousal support orders between countries which have agreed, between themselves, to enforce each other's maintenance orders. Originally created by England, the international REMO system now spreads over many countries.

In the USA, the system is known as UIFSA or URESA. Rent This 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. Under normal circumstances, the rent is paid in money and at regular intervals, such as the first of every month. The word has also come to be used as a verb as in to "rent a flat," although the proper legal term would be to "lease an flat." Replevin A legal action taken to reclaim goods which have been distrained. Repudiate Repudiation: Where by words or conduct a party indicates that he does not consider a pervious obligation as binding. Most commonly used in contract law were a party repudiates a contract by refusing to perform according to its terms. In effect saying I don't want any more to do with it. Rerum natura In existence. In the nature of things. Used to describe an independent being born of its mother, a reasonable creature, that is alive at birth.

Historically, writers such as Bracton, Coke, Blackstone, Locke and Hobbes, upheld a concept that a child born so deformed it could be described as a monster. Siamese (conjoined) twins were historically considered monsters. Different considerations would clearly apply today.

Lord Justice Ward in Re: A (Children) (2000) said, "I deprecate any idea of "monstrous birth"." Rescind To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescission can occur in one of two ways: either a contract can be set aside (rescinded) because of some defect in its formation (such as misrepresentation, duress or undue influence) or it can be set aside by agreement by the parties, for example if they reach a new agreement. Reserved judgment A reserved judgment is usually, but not always, a written judgment, which is given a few days or even weeks after the hearing.

By contrast, ex tempore judgments are given orally at the end of the hearing.

Because a reserved judgment is a considered judgment it usually carries more weight than one delivered ex tempore 'off the cuff' at the conclusion of counsel's argument.

The law reports signify a reserved judgment by the words cuna advisari volt ('the court wishes to consider the matter'). Often abbreviated to cur. adv. volt or C.A.E

In the House of Lords their Lordships 'take time for consideration', which means the same thing. Although sometimes the House of Lords announce the actual

decision at the end of counsel's argument - without giving their reasons at that time - their opinions are always reserved.

In general conversation "I shall reserve my judgment" is used to mean, "I'll think about it". Residue This is all that is left of an estate after all debts, taxes and specific legacies have been paid. It will be shared out according to the instructions in the will. Res gestae [Latin: things done]. A peculiar rule, used mostly in criminal cases, which allows

hearsay if the statement is made during the excitement of the litigated event. For example, the words "stick 'em up!" used during an armed robbery would be admissible in evidence under the res gestae rule.

So, too, would spontaneous statements made by the defendant during or right after the crime.

Res gestae statements can be introduced in evidence in special kinds of prosecutions. For example, in child sexual abuse cases, the statement made by a child to another person may be allowed as evidence although, technically, it offends the rule against hearsay. This is to recognise the trauma of having a child testify in open court on the subject of her or his abuse. Res gestae evidence usually requires a voir dire hearing before it is admissible unless the defines allows it to be put on the trial record unchallenged. Res ipsa loquitur [Latin: the thing speaks for itself]. An expression used in tort to refer to situations where negligence is presumed on the defendant since the object causing injury was in his or her control.

This is a presumption that can be rebutted by showing that the event was an inevitable accident and had nothing to do with the defendant's responsibility of control or supervision. An example of res ipsa loquitur would be being hit by a falling sack of sugar in a dock loading area. The event itself imputes negligence ( res ipsa loquitur) and can only be defeated if the defendant can show that the event was a total and inevitable accident. Res integra [Latin: A point not governed by an earlier decision, or by a rule of law. It therefore needs to be decided, on general principle, for the first time] Res judicata [Latin: A matter that has already been conclusively decided by a court] The courts will not re-determine a question already validly determined; a judgment finally and conclusively determines the rights and liabilities of the parties to it and becomes res judicata so as to bar further litigation, this is important to the parties to the dispute but not otherwise. Respondent The party that "responds to" a claim filed in court against them by a claimant. The more common term is defendant. The word is also used to refer to the party who wins at the first court level but who must then respond to an appeal launched by the party that lost the case at the first court level (upon appeal, this latter person is called the appellant). 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. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead. Restitution Under ancient English common law, when a party enforced a court judgment and then that judgment was overturned on appeal, the appellant could ask the appeal court for "restitution", or financial compensation placing that appellant in the same position as if the original legal decision had not been enforced.

A new strain of common law has also developed called "restitution", closely associated with unjust enrichment, whereby a person is deprived of something of value belonging to them, can ask a court to order "restitution". The best example is asking a court to reverse or correct a payment made in error. Resulting trust A trust that is presumed by the court from certain situations. Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property "in trust" for the rightful owner. In constructive trusts, the courts do not even bother with presuming an intention; they simply impose a trust from the facts. Retainer A contract between a lawyer and his (or her) client, wherein the lawyer agrees to represent and provide legal advice to the client, in exchange for money. The signed retainer begins the client lawyer relationship from which flow many responsibilities and duties, primarily on the lawyer, including to provide accurate legal advice, to monitor limitation dates and to not allow any conflict of interest with the relationship with the client. Reversion A 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.

For example, Jim gives Bob a building using the words "to Bob for life." Upon the death of Bob, the property reverts back to Jim or to Jim's heirs. Differs from a remainder in that a remainder takes effect by an act of the parties involved. A reversion takes effect by operation of the law. Nor is a reversion a "left-over" as is a remainder. Rather, it reverts the entire property. Revoke To revoke something is to cancel it or withdraw it.

Right of first refusal A right given to a person to be the first person allowed to purchase a certain object if it is ever offered for sale. The owner of this right is the first to be offered the designated object if it is ever to be offered for sale. Riparian rights Special 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). The extent of these rights varies and may include the right to build a wharf outwards to a navigable depth or to take emergency measures to prevent flooding. Robbery Theft Act 1968, s. 8 "A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life". Royal Assent The formal consent of the Crown to legislation. The last procedure by Parliament in the passage of a bill, at the moment of consent it becomes an Act.

The procedure is a formal agreeing to bills which have proceeded through the parliamentary process, the consent is given by commissioners in Norman French.

The words used on behalf of Her Majesty are "La Reine le veult" the Queen wishes it, pronounced "a wren le vurlt". Royal Prerogative The special rights, powers, and immunities to which the Crown alone is entitled under the common law.

Most prerogative acts are now performed by the government on behalf of the Crown. Some, however, are performed by the sovereign in person on the advice of the government (e.g. the dissolution of Parliament) or as required by constitutional convention (e.g. the appointment of a Prime Minister). A few prerogative acts (e.g. the granting of certain honours, such as the Order of the Garter) are performed in accordance with the sovereign's personal wishes.

The Crown has limited powers of legislating under the prerogative, principally as respects the civil service and UK dependent territories. It does so by Order in Council, ordinance, letters patent, or royal warrant.

The dissolution and prorogation of Parliament and the granting of the royal assent to Bills take place under the prerogative.

Originally the fountain of justice from which the first courts of law sprang, the Crown still exercises (through the Home Secretary) the prerogative of mercy and retains the right (through the Attorney General) to stop a prosecution by entering a nolle prosequi. In foreign affairs, the sovereign declares war, makes peace and international treaties, and issues passports under the prerogative.

Many appointments (e.g. the higher judiciary, archbishops, and diocesan bishops) are made under the prerogative, and a variety of honours, including new hereditary peerages, are conferred by the Crown as the fountain of honour.

The sovereign is head of the armed forces, and, although much of the law governing these is now statutory, their disposition generally remains a matter for the prerogative.

There is a prerogative power, subject to the payment of compensation, to expropriate or requisition private property in times of war or apprehended war.

Miscellaneous prerogative rights include the rights to treasure trove and to bona vacantia.

An important immunity of the sovereign is the prerogative of perfection. The common-law maxim that "the King can do no wrong" resulted in the complete immunity of the sovereign personally from all civil and criminal proceedings for anything that he or she might do. This personal immunity remains, but actions may now be brought against the Crown under the Crown Proceedings Act 1947.

Prerogative orders can be reviewed, in most cases, by the courts. In 2007 the Court of Appeal ruled that the Chagos Islanders had been wrongly expelled by the Foreign Secretary from their homes in the Indian Ocean.

Dismissing the Government's claim that it could exercise "sovereign" powers when legislating for a British colony, Lord Justice Sedley said the Foreign Secretary's argument might, to borrow Lord Atkin's words, "have been addressed acceptably to the Court of King's Bench in the time of Charles I". If the Court of Appeal had ruled that Orders in Council exiling the Chagossians were not liable to judicial review, it would have been "creating an area of ministerial action free both of Parliamentary control and of judicial oversight".

If a statute confers on the Crown powers that duplicate prerogative powers, the latter are suspended during the existence of the statute unless it either abolishes them or preserves them as alternative powers. Rule against perpetuities A common law rule that prevents suspending the transfer of property for more then 21 years or a lifetime plus 21 years. For example, if a will proposes the transfer of an estate to some future date, which is uncertain, for either more than 21 years after

the death of the testator or for the life of a person identified in the will and 21 years, the transfer is void. Statute law exists which supersedes the common law rule. Rubicon "To Cross the Rubicon", a phrase enjoyed by judges, and a general expression for taking a dangerous, decisive, and irreversible step or decision.

The Rubicon is a river in Northern Italy crossed by Julius Caesar with his army, in violation of the orders of the leaders in Rome, who feared his power. A civil war followed, in which Caesar emerged as ruler of Rome. Caesar is supposed to have said, The die is cast (referring to a roll of dice), as he crossed the river. Sanction This is a word with two contradictory meanings. To "sanction" can mean to ratify or to approve but it can also mean to punish. The "sanction" of a crime refers to the actual punishment, usually expressed as a fine or jail term. Sanctuary Thought to have be abolished from the common law in 1624, it existed in medieval times to persons who had just committed a crime, allowing them to seek refuge in a church or monastery. There, they could be exempted from normal prosecution. Schengen Agreement Agreement signed at Schengen on 14 June 1985 between Belgium, France, Germany, Luxembourg and the Netherlands in which these countries agreed that they would gradually remove their common frontier controls and introduce freedom of movement for all individuals who were nationals of the signatory member states, other member states or third countries.

The Schengen Convention was signed by Belgium, France, Germany, Luxembourg and the Netherlands on 19 June 1990. It lays down the arrangements and guarantees for implementing freedom of movement. It amends the relevant national laws and is subject to parliamentary ratification. Italy (1990), Spain and Portugal (1991), Greece (1992), Austria (1995), Sweden, Finland and Denmark (1996) have

since joined the list of signatories, while Iceland and Norway are also parties to the Convention; see also the Schengen Agreement. Scienter [Latin: knowledge]. In legal situations, the word is usually used to refer to "guilty knowledge". For example, owners of vicious dogs may be liable for injuries caused by these dogs if they can prove the owner's "scienter" (i.e. that the owner was aware, before the attack, of the dog's vicious character). Seal A seal is a mark which the court puts on a document to indicate that the document has been issued by the court. (Civil Justice Rules) Search Order Formerly an Anton Piller Order. The civil law equivalent of a criminal search warrant, but without the power to use force.

Can be obtained against a party to proceedings or intended proceedings in order to preserve evidence which is or may be relevant or for the purpose of preserving property which may be the subject of proceedings.

In civil proceedings search orders are available by application to the Court (usually without notice to the defendant).

A claimant must show real grounds for suspecting that the defendant is destroying or will destroy documents or would not comply with an order for disclosure.

A search order must be supervised by a Supervising Solicitor who must be experienced in the operation of search orders and who is independent of the claimant.

The Supervising Solicitors obligations include, amongst other things, listing all material removed from the defendants premises and explaining the terms and effect of the order to the defendant.

As a matter of principle the Court in England and Wales may order a search of premises located overseas, but in practice it is unlikely to do so. Extremely effective tool in determining the whereabouts of assets and proceeds of fraud.

Search orders can also be obtained in criminal proceedings, either from the County Court (e.g. under tax legislation) or from the Magistrates Court (search warrants). Evidence obtained from a search in criminal proceedings cannot be used directly in civil proceedings but transcripts of the evidence used in court in the criminal proceedings are permitted. Search warrant A court order (i.e. signed by a magistrate or a judge) that gives police, customs and excise or other law enforcement agent the authority to enter private property and to search for evidence of the commission of a crime, for the proceeds of crime or property that may be suspected of being used to commit a crime. These court orders are obtained on the basis of a sworn statement by the requesting law enforcement officer and will precisely describe the place to be searched and, in some cases, the exact property being sought. Seisin The 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. Sentence The punishment given to a person who has been convicted (i.e. found to be guilty) of a crime. It may be time in prison, a Community Penalty Order (formerly community

service) or a Community Rehabilitation Order (formerly probation), a fine or discharge. Sequestration The taking of someone's property, voluntarily (by deposit) or involuntarily (by seizure), by court officers or into the possession of a third party, awaiting the outcome of a trial in which ownership of that property is at issue. Service Steps required by rules of court to bring documents used in court proceedings to a person's attention. (Civil Justice Rules) Servient tenement The land which suffers or has the burden of an easement. The beneficiary of the easement is called a dominant tenement. Servitude From Roman law, referring to rights of use over the property of another; a burden on a piece of land causing the owner to suffer access by another. An easement is type of servitude as is a profit prendre. Session, Court of, Scottish court. The Court of Session always sits in Edinburgh, unlike the High Court of Justiciary, which can sit on circuit. This is why Glasgow murder trials will generally be heard in Glasgow, whereas personal injury actions for large sums of money will generally be heard in Edinburgh, regardless of where the people involved live. The Court of Session consists of the Lord President, Lord Justice-Clerk and other Judges known as ;Lords in Ordinary. Set aside Cancelling a judgment or order or a step taken by a party in the proceedings. (Civil Justice Rules)

Settlor The 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." Several liability (and see 'joint liability') A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others. (Civil Justice Rules) Sexsomnia A defence used in Canadian courts where the accused has been acquitted of sexual assault charges because they suffered an exotic form of parasomnia, or sleep disorder, and had been so deep in sleep that he could not form the intention to commit the sexual assault of which they are charged.

First used in 1985, there have only been seven cases in Canada of these, only two succeeded.

There have been acquittals in UK courts but the defence has not been heard in an appeal court. An example of acquittal was reported in 2007 in York Crown Court, press report here. Jan Luedecke, a 35-year-old landscaper, found on top of Toronto woman entered the plea and his case reached the Ontario Court of Appeal in 2008 (outcome not known). Sexual harassment A term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment. The most overt variation of sexual harassment is the quid pro quo offer of work favour in exchange for sexual favour. Sexual intercourse A vital agreement for sexual crimes such as rape. Penetration of a man's penis into a woman's vagina, even to the slightest degree.

Share A portion of a company bought by a transfer of cash in exchange for a certificate, the certificate constituting proof of share ownership. Persons owning shares in a company are called "shareholders". There are two basic kinds of shares: common and preferred. A shareholder is not liable for the debts or other obligations of the company except to the extent of any commitment made to buy shares. The two other benefits of shares include a right to participate in profits (through dividends) and the right to share the residue of assets of the company, once liabilities have been paid off, if it is ever dissolved. Shareholder agreement A contract between the shareholders of the company and the company itself, in which certain things, usually the purview of the board of directors, are detailed. For example, a shareholder might be allowed to manage the company, instead of a board of directors. The shareholder agreement will also, typically, control inflows to the company (purchase of shares), how profits are to be distributed, dispute resolution and what to do if a shareholder dies. Sheriff Court Scottish court. Note: not; Sheriff's Court;. The adjective from Sheriff; is; Shrieval; (pronounced to rhyme with; weevil;) The smaller civil disputes go to the Sheriff Court. There is no upper limit to the value of cases which can be dealt with in the Sheriff Court - you can raise a million-pound action there if you wish, although in practice that does not happen often. There are two special procedures for smaller claims, the small claim procedure and the summary cause procedure. Appeal from the Sheriff Court lies with the Sheriff Principal, or else to the Inner House of the Court of Session. Sheriff Officers In Scotland have a function similar to English bailiffs. Silent partner A person who invests in a company or partnership but does not take part in administering or directing the organization; he or she just shares in the profits or losses. Sine die

[Latin: without day]. Adjourned without giving any future date of meeting or hearing. A court that adjourns sine die essentially dismisses the case by saying that it never wants to hear the case again! A meeting which adjourns sine die has simply not set a date for it's next meeting. Sine qua non [Latin: without which, not] An essential condition, something that is indispensable. See causa sine qua non. Single European Act Signed in 1987 this was an amendment to the founding treaties and dealt primarily with the implementation of the internal market. Slander Verbal or spoken defamation. Slander of title Intentionally casting aspersion on someone's property including real property, a business or goods (the latter might also be called "slander of goods"). A form of jactitation. For example, stating that a house is haunted or alleging that a certain product infringes a patent or copyright. Slavery When a person (called "master") has absolute power over another (called "slave") including life and liberty. The slave has no freedom of action except within limits set by the master. The slave is considered to be the property of the master and can be sold, given away or killed. All the fruits of the slave's labour belongs to the master (see, for example, the extract from The 1740 South Carolina Slave Code in the History of the Law). Slavery was once very prevalent in the world but is now illegal in most countries. Small claims A form of arbitration for matters less than 5000. Heard in the County Court using simplified rules of procedure. Hearings are quicker and representation by lawyer is not required or encouraged.

Sodomy Synonymous with buggery and referring to "unnatural" sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act is known as "bestiality"). Most countries outlaw bestiality but homosexual activity is gradually being decriminalized. Solicitor A 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 England and Wales and some other Commonwealth jurisdictions, a legal distinction is made between solicitors and barristers; solicitors are the main providers of oral or written advice, and barristers conduct litigation in the courts, although the distinctions are increasingly becoming blurred. Nevertheless, in England and Wales, barristers and solicitors work together: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for an opinion or advocacy in the courts. Lawyers in other countries sometimes use the title "barrister and solicitor" because there is no legal distinction between the roles. In the USA all lawyers are referred to as "attorneys". In the UK a lawyer cannot be both a solicitor and barrister. Sovereign Has two meanings. The first one is a technical word for the monarch (king or queen) of a particular country as in "the Sovereign of England is Queen Elizabeth." The other meaning of the word is to describe the supreme legislative powers of a state: that they are totally independent and free from any outside political control or authority over their decisions. The people of Quebec, for example, has, at times, supported governments which have proposed that Quebec become a "sovereign" state; that all legislative authority of the government of Canada over their territory cease and that the government of Quebec be enabled to regulate in any matter at all; and that the government of Quebec represent itself internationally. Specific gift or specific legacy

This is an item left in a will which can be identified and be given to the beneficiary. Special verdict An acquittal on the grounds of insanity is followed by custody during His Majesty's pleasure.

By the Criminal Procedure (Insanity) Act 1964 the verdict is now not guilty by reason of insanity [previously it had been guilty but insane]

Legislation acknowledged the essential principle that a proper conviction depended on proof of mens rea at the time when the criminal act was committed.

If the defendant was of unsound mind at that time the right verdict, mens rea being absent, was an acquittal. However, to protect the public from an individual whose actions constituted the actus reus of a crime, an acquittal on the grounds of insanity was to be followed by custody during His Majesty's pleasure. Split custody A child custody decision which means that legal custody goes back and forth between parents in turn they take care of the child. Also known as "divided custody". Squatters' rights Commonly used to describe "adverse possession", where a person "squats" on another's land for so long that the squatter becomes the owner because the true owner has left it too long to take action to repossess the land. Squatter is a barrister who has not been granted a tenancy in a set of chambers, but nevertheless continues to practice from the set. This arrangement is seldom hostile. Standing committee

A term of parliamentary law which refers to those committees which have a continued existence; that are not related to the accomplishment of a specific, once only task as are ad hoc or special committees. Standing committees generally exist as long as the organization to which it reports. Budget and finance or nomination committees are typical standing committees of a larger organization. Stare decisis [Latin: stare rationibus decidendi keep to the decision of past cases]. A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. A precedent which is binding; must be followed. State A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign government with effective control; and a capacity to enter into relations with other states (i.e. recognized by other states). The USA, Canada and China are examples of states. States are the primary subjects of international law. The United Nations is comprised of all the states of the world. Some large states have subdivided into smaller units each having limited legislative powers normally restricted to subjects which are more properly regulated at a local, rather than a national level. Thus, the states of the USA are not really "states" under international law. It is common for the general public and English dictionaries to use the word "nations" to refer to what international law calls "states." Statute Book "Statute Book" is the collective noun for statutes. It is a metaphor for all the laws

of England and Wales. There is no one book that contains all statutes. Over 700 years they have been produced on various materials, either in scrolls or flat documents. The nearest modern equivalent of a statute book is the UK Statute Law Database (SLD).

The SLD carries most (but not all) types of legislation, both primary and secondary.

Most types of primary legislation are held in updated form incorporating amendments. Most types of secondary legislation on SLD are not revised and are held only in the form in which they were originally made. Statutes The written laws approved by legislatures, parliaments or houses of assembly (i.e., politicians). Also known as "legislation". The written laws of the Canadian Province of Newfoundland, for example, are in a multi-volume set of books called the Statutes of Newfoundland. Statutory Instrument A Statutory Instrument is a secondary source of legislation. The term is generally abbreviated to SI. A SI can be identified by the presence of the letters SI, then the year followed by / and a running number (e.g. SI 1989/1673). SIs are needed to cover the details of principles and operation that are too complex to be included in the main body of Acts. They are also used for regularly updating Acts for example to introduce new fees or costs. SIs are also known as Regulations, Rules or Orders. Statutory rape Not a concept familiar to English Law; however, since the Sexual Offences Act 2003 intercourse with a child under 13 is called rape, even if the child consents. It is said that the common law definition of rape has not proven adequate to reflect modern values in countries such as the USA. Rape is limited to sex without consent. Many states have enacted laws which include under the charge of rape, sex with a minor even if done with the minor's consent, sex without consent regardless of whether the victim is male or female, and sex without consent regardless of the matrimonial bond between victim and rapist. Statutory trust A trust created by the effect of a statute. They are usually temporary in nature and serve the purpose of bridging ownership of property to benefit a certain class of individuals which the statute is designed to protect. Some examples are the temporary trusts that the law of some states impose on the executor of an estate, the holding and administration of tax or other pay deductions (including holiday pay) by employers, the trust accounts of lawyers and the statutory trust on money paid for a construction project on behalf of any person who might have a construction lien on the property.

Stay (Also "Stay of Proceedings") A stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay. Proceedings can be continued if a stay is lifted. (Civil Justice Rules) Stirpes [Latin: the offspring of a person; his or her descendants]. For example, inheriting per stirpes means having a right to a deceased's estate because you happen to be a descendant of the deceased.

This principle is used to try to ensure equal division of property.

So, the Administration of Estates Act 1925 s 46(1)(ii) says "(1) (2) (3) the share of any member who predeceases the testator is taken by his children or remoter issue equally among them per stirpes, but contingently upon attaining 18 or marrying under that age." Strict liability 1.Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage. 2. Criminal liability without mens rea intention recklessness or it is sufficient that the offence occurred. Often associated with the term absolute offence, and 'state of affairs' offences. Usually offences regulating health and safety, possession offences, motoring offences, currency and control of pollution. These are usually preventive in nature. Strike out Striking out means the court ordering written material to be deleted so that it may no longer be relied upon. (Civil Justice Rules) Subjiciendum A plea attached to a writ of habeus corpus

Sub judice [Latin: under a judge]. A matter that is still under consideration by a court. You will hear of politicians declining to speak on a certain subject because the subject matter is "sub judice". Subordination To be subject to the orders or direction of another; of lower rank. Subpoena [Latin: under penalty]. An order of a court which requires a person to be present at a certain time and place or suffer a penalty. This is the traditional tool used by lawyers to ensure that witnesses present themselves at a given place, date and time to make themselves available to testify (see also duces tecum). Subrogation When you pay off someone's debt and then try to get the money from the debtor yourself. (Compare with "novation".) If one person is subrogated to another, he is said to "stand in the other's shoes", for example an insurance company is subrogated to the rights of the insured on paying his claim, in other words the insurance company takes on the rights of the client. Subservient tenement The real property that supports or endures an easement. The real property benefiting from an easement is called the dominant tenement. Substituted service If a party appears to be avoiding service of court documents, a request may be made with the court to, instead of personal service (i.e. giving the document directly to the person), that the document be published in a local newspaper, served on a person believed to frequent the person or mailed to his (or her) last known address. Successor A person who takes over the rights of another.

Suicide The act of killing yourself. Formerly a crime. Suicide pact An agreement between two or more people to kill themselves, usually at the same time or within a short space of time. If one party survives he is criminally liable for the death of the other(s), very rarely seen. Sui juris [Latin: of one's own right]. A person who possesses full civil rights and is not under any legal incapacity such as being bankrupt, of minor age or mental incapacity. Most adults are sui juris. One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like. To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris. Summary offence A less serious offence than indictable offences. Both the procedure and punishment tends to be less onerous. The trial for a summary offence takes place in a Magistrates' Court. Many offences, particularly motoring offences are summary only offences and can never be tried elsewhere. Summons An order signed by a magistrate or a magistrate's clerk ordering the person named in the document to appear at a certain place at a certain time, usually to answer a charge. The summons also gives the court which issues it the authority to dispose of the matter. It does not involve the arrest of the accused and is used where the police, either by the relatively less serious nature of the crime or because of the standing of the accused in the community, do not believe that arrest is necessary to ensure the attendance of the accused at court. opportunity to defend it. Supranational Political or economic influence that is above or overarches established national borders or spheres of influence of separate nations. In the USA, this is one of the initial documents issued in a civil suit; giving the defendant notice of the claim and an

Surety Civil: The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract. Technically, where a person provides collateral after or before the original contract is signed, and as a separate contract, the person is called a "guarantor" and not a "surety." Criminal: In bail situations a security is cash that stands to be forfeited if the defendant fails to appear in answer to his bail. More usually a surety is offered from a friend or relative. Syllogism [Middle English via Old French silogisme or Latin syllogismus from Greek sullogismos, from sullogizomai (as syn-logizom "to reason" from logos "reason")]

Deductive reasoning as distinct from induction, often ascribed to judges.

A form of reasoning, in which a conclusion is drawn from two given or assumed propositions (premisses): a common or middle term is present in the two premisses but not in the conclusion, which may be invalid (e.g. all fathers are male; some horses are male; therefore some horses are fathers: the common term is male). Syllogize [Middle English via Old French sillogiser or Late Latin syllogizare from Greek sullogizomai (as syllogism)] Use syllogisms, or to put (facts or an argument) in the form of syllogism. Synallagmatic contract A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration. A contract of sale is a classic example, where one party provides money and the other, goods or services. A gift is not a synallagmatic contract. Tamper

To interfere improperly or in violation of the law such as to tamper with a document. The term "jury tampering" means to illegally disrupt the independence of a jury member with a view to influencing that juror otherwise than by the production of evidence in open court. Tariff On imposing a life sentence, a judge is required to fix a minimum period (the tariff) which must expire before the Parole Board will consider whether it would be safe to release the offender on licence. The starting point is the sentence the offender would receive if a life sentence were not imposed. Tenancy by the entireties A form of co-ownership in English law where, when a husband transferred land to his wife, the property could not be sold unless both spouses agreed nor could it be severed except by ending the marriage. Tenant A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease. The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord. Tenants in common Similar 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. Unity of possession but distinct titles. Tenement Property that could be subject to tenure under English land law; usually land, buildings or apartments. The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easements. Tenure A right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behaviour." Legal Terms 2006 - 2007 Michaelmas - 2 October 2006 - 21 December 2006.

Hilary - 11 January 2007 - Wednesday 4 April 2007 Easter - 17 April 2007 - 25 May 2007* Trinity - 5 June 2007 - 31 July 2007 Updates here Tesco Law or Tesco's law. A phrase first used in the national press and picked up by the legal personnel to describe the Government's desire to bring the law into the High Street by allowing solicitors and accountants to band together and practice under the auspices of banks building societies and retailers. The phrase was enjoyed because it conjured up the idea of obtaining legal advice from a retailer whilst shopping, rather than using the services of a traditionally constituted law firm. Not to be confused with the website of Tesco at http://www.tescolegalstore.com. Tenure A right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behaviour." Testamentary trust A trust that is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. Testator or testatrix (female) A person who dies with a valid will. Testimony The verbal presentation of a witness in a judicial proceeding. Theft Theft Act 1968, s.1 (1) "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and thief and steal shall be construed accordingly. Time Immemorial Time beyond legal memory.

The formal beginning of English law is 3rd September 1189 -the accession of Richard I, and the end of the reign of Henry II the father of the Common Law.

Today, an ancient custom can have the force of law, such as a right over land, if it can be shown to have existed since "time immemorial" (now a lesser period).

The Statute of Westminster in 1275 fixed 1189 as the earliest date from which evidence in land disputes could be considered. The Statute of Westminster was the product of Edward I (Known as Edward the Law Giver, or Edward the English Justinian, or Edward Longshanks).

The longest period of a monarch had been absent from the kingdom occurred with Richard I. Tithes Tithes The tenth part of an income donated for religious purposes. Tithes were required by Mosaic law, which demanded payment in kind from all agricultural produce. Church law also required tithes to maintain churches and clergy. They were abolished in Britain in 1936. Thole an Assize In Scotland, to undergo trial, after which no further trial on the same charge may take place. Tomlin Order In civil proceedings a sealed order by agreement. Where proceedings are to be stayed on agreed terms, except for the purpose of carrying into effect the terms of the agreement in the schedule to the Order. An example can be seen here. Tort Derived from the Latin word tortus, which meant wrong. In French, "tort" means a wrong." Tort refers to that body of the law that will allow an injured person to obtain compensation from the person who caused the injury. Every person is expected to conduct himself or herself without injuring others. When they do so, either intentionally or by negligence, they can be required by a court to pay money to the injured party ("damages"). Tort also serves as a deterrent by sending a message to the community as to what is unacceptable conduct. The person who commits a tort is called a tortfeasor. Tortfeasor Name given to a person or persons who have committed a tort.

Tracing A legal proceeding taken under the law of equity where the claimant attempts to reclaim specific property, through the court, whether the property is still in the first acquirer's hands or it has passed onto others, and even if the property has been converted (related common law terms: conversion, trover and detinue). This is a procedure frequently used by a trust beneficiary to recover misappropriated trust property. Tracing orders It is possible to make a claim for the return of fraudulently obtained assets on the basis that the claimant has a proprietary claim to such assets; this can include the proceeds of assets obtained by fraud. The prospects of succeeding on such an application are based upon the claimants interest in the property or proceeds. A claimant can pursue both personal claims against the fraudster and proprietary claims against the fraudster and others, at the same time. Tracing claims can be more effective than personal claims as they can prevent the defendant from dealing with the claimants money so that the defendant cannot use it until the entitlement to the funds has been established even, for example, to pay his reasonable expenses. A defendant is also obliged to inform the claimant what has happened to all the claimants money that has passed through his hands i.e. not limited to the defendants current assets. Tracing rules are flexible basic principle is just and convenient. A defence to a tracing claim exists if the defendant received assets bona fide without notice, so that he takes free of the claimants claims. Transferee A person who receives property being transferred (the person from whom the property is moving is the transferor). Transferor A 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. Treaty A formal agreement between two states signed by official representatives of each state. A treaty may be "law-making" in that it is the declared intention of the

signatories to make or amend their internal laws to give effect to the treaty. The Berne Convention is an example of such as treaty. Other treaties are just contracts between the signatories to conduct themselves in a certain way or to do a certain thing. These latter type of treaties are usually private to two or a limited number of states and may be binding only through the International Court of Justice. Treaty on European Union (TEU) Treaty amending the EC Treaty, signed in 1992 and in force from 1 November 1993. The objective of the Treaty was to supplement the progress of the internal market towards further European unity by means of political, economic and monetary union, and the strengthening of the powers of the European Parliament. Trespass Unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses. Tribunal Bodies with judicial or quasi-judicial functions set up by statute and existing outside the usual judicial hierarchy of the Supreme Court and County Courts. e.g. Employment Tribunals. They usually, but not necessarily, determine claims between and individuals and a government department, a notable exception being employment tribunals.

The reasons for tribunals were said by Lord Pearce, in Anisminic v Foreign Compensation Commission [1969], to be "speed, cheapness and expert knowledge."

In most cases tribunals are chaired by a barrister or solicitor appointed by the Queen via the Judicial Appointments Commission and sit with lay representatives with special interests. Trover An old English and common law legal proceeding against a person who had found someone else's property and has converted that property to their own purposes. The action of trover did not ask for the return of the property but for damages in an amount equal to the replacement value of the property. English law replaced the action of trover with that of conversion in 1852. Trust This 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). The trustee manages and administers the property, actual ownership is shared between the

trustee and the beneficiary and all the profits go to the beneficiary. The word "fiduciary" can be used to describe the responsibilities of the trustee towards the beneficiary. A will is a form of trust but trusts can be formed during the lifetime of the settlor in which case it is called an inter vivos or living trust. Turnbull warning Evidence of visual identification is notoriously unreliable, yet favoured by juries. When identification is in issue, the judge will issue a Turnbull warning (from R v Turnbull [1977] QBD), a warning to the jury about relying on identification and the reasons for the warning.

Firstly, the warning will refer to the possibility that even a convincing witness(es) may be mistaken.

Secondly the jury should test the evidence by examining such things as the circumstances in which the identification came to be made. - How long did the witness have the accused under observation? - At what distance? - In what light? - Was the observation impeded in any way, as for example, by passing traffic or a press of people? - Had the witness ever seen the accused before? - How often? - If only occasionally, had he any special reason for remembering the accused? - How long elapsed between the original observation and the subsequent identification to the police? - Was there any material discrepancy between the description of the accused given to the police by the witness when first seen by them and his actual appearance? Material discrepancies should be supplied to the defendant.

Finally, recognition may be more reliable than identification of a stranger but they should be reminded that mistakes can occur.

More on identification guidelines here.

Trustee This 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. A trustee usually has full management and administration rights over the property but these rights must always be exercised to the full advantage of the beneficiary. All profits from the property go to the beneficiary although the trustee is entitled to reimbursement for administrative costs. There is no legal impediment for a trustee also to be a beneficiary of the same property. Trustee de son tort A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her inter meddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust. Type Approval Procedure by which a member state certifies that a type of good satisfies the technical requirements established by EU legislation with the consequence that all models of that type of good are deemed to satisfy those requirements. Ultra vires [Latin: without authority]. An act which is beyond the powers or authority of the person or organization which took it. 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. Unjust enrichment A legal procedure whereby you can seek reimbursement from another who benefited from your action or property without legal justification.

There are three conditions which must be met before you can get a court to force reimbursement based on "unjust enrichment": An actual enrichment or benefit to the defendant,

a corresponding deprivation to the claimant, and the absence of a legal reason for the defendant's enrichment.

For example (and ignoring the law of theft), if you found somebody else's cash and spent it, you might be sued for reimbursement under unjust enrichment.

The legal theory behind unjust enrichment is the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as the trustee for the person who should properly get the property back, held to be the beneficiary of the constructive trust. Unliquidated damages Quantum of damages that has not yet been determined. So, not a specific amount. The judge (or occasionally a jury e.g. in defamation) decides how much the damages will be guided by lawyers for each side.

General damages are for such things as pain and suffering, loss of amenity, prospective loss of future earnings, and as such cannot be known until liquidated, whereas the cost of a replacement article, or the cost of repair to say a car, can be. see liquidated damages Usufruct From ancient Roman law (and now a part of many civil law systems), "usufruct" means the rights to the product of another's property.

For example, a farmer may give a right of "usufruct" of his land to a neighbour, thus enabling that neighbour to sow and reap the harvest of that land. Usury

Excessive or illegal interest rate. Most countries now prohibit interest rates above a certain level; and rates which exceed these levels are called "usury". V Vagrant A tramp or homeless person. Vendor The seller; the person selling, used frequently to describe the seller of a house or land. Venire de novo [Latin] A QBD order requiring a new trial following a verdict given in an inferior court. In criminal matters the court of trial may, before verdict, discharge the jury and direct a fresh jury to be summoned, and even after verdict, if the findings are so imperfect as amount to no verdict at all.

The Court of Appeal, where it holds that the trial of the appellant was a nullity, may order that the appellant be tried on the indictment. The circumstances in which the Court of Appeal may order a venire de novo can be found in R v Rose [1982] HL Venue This has the same meaning as in everyday English except that in a legal context it usually refers specifically to the location of a judicial hearing.

For example, if a criminal case has a very high media profile in a particular city, the "venue" may change to another town to ensure objective witnesses (i.e. that would not have been spoiled by media speculation on the crime). This happened in the trial of Litchfield (see R v Litchfield) Vehicle Any thing that is designed to transport persons or objects. A bicycle is a vehicle.

Verba fortius accipiuntur contra proferentem [Latin: a principle of construction whereby if words of a contract are ambiguous, of two equally possible meanings, they should be interpreted against the author of the words and not against the other party]. Verdict The decision of a jury. In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the claimant or for the defendant. Veritas The Scottish version of the plea in English law in defamation of 'justification'. Vexatious litigant In Attorney General v Barker Bingham LJ described the characteristics of vexatious individuals: The hallmark usually is that the [claimant] sues the same party repeatedly in reliance on essentially the same cause of action, perhaps with minor variations, after it has been ruled upon thereby imposing on defendants the burden of resisting claim after claim; that the [claimant] relies on potentially the same cause of action against successive parties who if they were to be sued at all should have been joined in the same action; that the claimant automatically challenges every adverse decision on appeal; and that the claimant refuses to take any notice of or give any effect to orders of the court Bingham LJ stated that a vexatious proceeding is one which has little or no basis in law and its effect, whatever its intention, is to subject the defendant to inconvenience.

Grepe v Loam established that it is possible to obtain an order preventing a litigant from making an application without the leave of the court, failing which that application will be dismissed without being heard.

These orders are one of the most effective methods of preventing litigants from pursuing their cases oppressively.

It is not necessary to establish that the litigant is vexatious; it is sufficient that there is a possibility that the litigant might abuse the processes of the court ( Jolly v Jay & Jay).

In Ebert v Birch it was held that these orders should extend not only to the existing proceedings but should also apply to restrain specified anticipated proceedings by individuals. Videlicet [Latin: for "to wit" or "that is to say."] "Viz.", which is the abbreviation of videlicet,

is much more commonly used. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement. For example: "The defendant committed adultery; viz., on April 15th, at approximately 10:30 pm, he had sexual intercourse with Ms Jane Smith."

Village green Land can be registered as a town or village green if it has been freely and openly used by local people for lawful sports and pastimes for 20 years.

In R v City of Sunderland ex parte Beresford [2003] HL, campaigners saved a sport arena at Washington from development after a three-year legal battle. The residents had applied to Sunderland City Council in 2000 to register the sports arena as a green. The council rejected the application, despite the fact a poll showed that 89% of local people were in favour.

The campaigners lost an appeal to the High Court and lost in the Court of Appeal; but the Law Lords ruled that a sports arena could be registered as a town green.

They concluded the public had been encouraged to enjoy the recreational facilities of the sports arena "as of right". Vis An abbreviation of the Latin word videlicet. Short for "namely" or "that is to say." Vicarious liability When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees. Vir [Latin: man or husband]. Vir et uxor censentur in lege una persona is an old (and long abandoned in most countries) legal principle meaning that man and wife are considered to be one person in law. Void or void ab initio Not legally binding. A document that is void is useless and worthless; as if it did not exist. For example, in many countries, contracts for immoral purposes are said to be "void": unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder. Voidable The law distinguishes between contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of "void" above).

Other have more minor defects to them and are voidable at the option of the party victimised by the defect. For example, contracts signed by a person when they are totally drunk are voidable by that person upon recovering sobriety. Voir dire

A mini-hearing held during a trial on the admissibility of contested evidence. For example, a defendant may object to a claimant's witness. The court would suspend the trial, immediately preside over a hearing on the standing of the proposed witness, and then resume the trial with or without the witness, or with any restrictions placed on the testimony by the judge as a result of the voir dire ruling. In a jury trial, the jury would be excused during the voir dire.

The word "verdict" has a similar etymology. Kings in England spoke French for centuries after the Norman conquest in 1066, and more than 10,000 French words were absorbed into the language including many legal words used at court. Volenti non fit injuria [Latin: voluntary assumption of risk]. A defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury. Voluntary bill of indictment A way of getting a defendant to trial by judge and jury when the normal process has failed, or is not appropriate.

Before 1993 the power to prefer Voluntary Bills rested with the grand jury, but they were abolished and the power was transferred to the High Court.

Normally, a defendant is brought to trial on indictment by being committal for trial, transferred, or sent for trial under section 51 Crime and Disorder Act 1998.

A Voluntary Bill is an exceptional procedure before a High Court Judge, who gives 'consent'.

Typically, such a Bill would be applied for if the Crown thought that a refusal by magistrates to commit for trial was wrong in law.

It can also be used in other circumstances where there are good reasons to depart from the normal procedure or it is in the interests of justice to do so. It may be that the prosecution do not wish to have committal proceedings for some good reason. A good reason might be where a defendant disrupts committal proceedings to the extent that they cannot be continued.

It may also be suitable when another defendant comes to light when committal proceedings have finished. They have been used in 'supergrass' and terrorist cases

Since 1999 and the imminent commencement of the Human Rights Act such a Bill is not shrouded in secrecy and the defendant is now given copies of evidence and informed of the application.

Consent to a Voluntary Bill cannot be appealed nor is it subject to judicial review, it is an alternative to judicial review. W Waiver When a person disclaims or renounces to a right that they may have otherwise had. Waivers are not always in writing. Sometimes a person's actions can be interpreted as a waiver. Warranty A guarantee given on the performance of a product or the doing of a certain thing. For example, many consumer products come with warranties under which the manufacturer will repair or replace any product that fails during the warranty period; the commitment to repair or replace being the "warranty". Waste

The abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant. Wedlock Being married. Has the same meaning as "matrimony." Used mostly to refer to illegitimate children as "born out of wedlock." Wilful fire raising The Scottish equivalent of the English 'arson'. Will This is the legal document people use to bequeath (leave as a gift) money and property when they die. A written and signed statement, made by an individual, which provides for the disposition of their property when they die. (See also codicil and probate.) Wire-tapping or phone tapping An electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usually only allowed with the permission of a judge and if it can be shown to be necessary for the solving of a serious crime. Without prejudice A 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.

"Without prejudice: Negotiations with a view to a settlement are usually conducted 'without prejudice' which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted." (Civil Justice Rules)

Witness The common definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court supervised recital of that sensory experience, in writing (deposition) or verbally (testimony). Wounding and inflicting Grievous Bodily Harm (GBH) Offences Against the Person Act 1861, s. 20 "Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of [an offence], and being convicted thereof shall be liable to [imprisonment for not more than five years]."

Wounding or inflicting grievous bodily harm is triable either way. When tried on indictment it is a class 4 offence.

A verdict of assault occasioning actual bodily harm under the Offences against the Person Act 1861, s. 47, can be returned.

Note: there is also a more serious form of Grievous Bodily Harm under Sec 18 Offences Against the Person Act 1861.

Wounding or causing Grievous Bodily Harm with intent (GBH) Offences against the Person Act 1861, s. 18 "Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of [an offence], and being convicted thereof shall be liable to [imprisonment] for life. "

Wounding or causing grievous bodily harm with intent is triable on indictment only. It is a class 4 offence.

Note: there is also a less serious form of Grievous Bodily Harm under Sec 20 Offences Against the Person Act 1861. Words of limitation Words in a conveyance or in a will which set the duration of an estate. If a will said "to Bob and his heirs", the words "and his heirs" were words of limitation because they indicate that Bob gets the land in fee simple and his heirs get no interest. Words of purchase Words 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. This would preclude, for example, transfer as a result of intestacy. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).

Writs can be traced to Henry II who dispensed the King's justice without being physically present by the use of writs. This was the origin of the common law. Wrongful death Tort, known as Lord Campbell's Act. A tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (e.g.. spouse, children or parent). These actions are commenced

under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. Wrongful dismissal Being sacked from a job without an adequate reason or without any reason whatsoever.

Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously.

Most employment implies an employment contract, which may is supplemented by employment legislation. Either could provide for certain procedures to be followed, failing which any sacking is wrongful dismissal and for which the employee could ask a court for damages against the employer. This is a tort law action. X-Z Young offender Young persons are treated differently than adult criminals and are tried in special youth courts. Criminal suspects between 10 and 17 inclusive.