Professional Documents
Culture Documents
The following are definitions of some words commonly encountered during the
course of various proceedings.
abate
abduction
abet
abrogate
abscond
absente reo
absolute
access order
accessory
accretion
accused
acquit
acquittal
action
action in rem
adjective law
adjourn
administrator
admonish
adversarial system
advocate
affidavit
affiliation order
affirmation
agency
agent
alienation
ambulatory
amortization
ancillary relief
annuity
annul
appeal
appearance
appellant
appellate courts
appropriate
arbitration
arraign
arrears
arrest
arson
articles of association
assault
asset
assign
ats
attest
attestation clause
avow
award
bail
Bailiff
bailment
bankruptcy
bar
battery
beak
bench (the)
beneficiary
bequeath
bequest
bill of exchange
bill of sale
blackmail
bona fide
bond
breach of contract
brief
burden of proof
burglary
capias
capital
caption
caveat
caveat emptor
Officers, although the term bailiff still occurs in various Acts. In PNG,
it is done by Sheriff Officers.
A delivery of goods from one person (the bailor) to another (the bailee)
for some purpose, upon an express or implied contract that the goods
will be redelivered to the bailor when that purpose has been fulfilled,
e.g. delivering clothes to a dry cleaner creates a bailment. A contract
may be implied from the behaviour of the parties.
A procedure under which most of a debtors property is taken over and
distributed amongst his or her creditors.
Members of the legal profession other then judges (c.f. bench)
When assault and battery were separate crimes, battery was the
actual striking of another person or touching them in a hostile or
offensive manner.
Judge
The judges of a court of law including magistrates (as opposed to
lawyers, barristers, the bar).
A person who is left something in a will; a person for whose benefit
property is held by trustees or executors.
Give personal property by will. e.g. legacy.
A gift of personal property by will (q.v.). A residuary bequest is a gift of
the residue of the testators personal estate. A specific bequest is a
bequest of property of a certain kind, e.g. a watch.
A negotiable instrument (q.v.) in which the drawer orders the drawee to
pay a sum of money on a specified date to either the bearer or a third
person (the payee).
A transfer of ownership of goods, usually as security for a loan.
Possession remain unchanged.
The offence of demanding property with menaces; extortion.
In good faith, honestly.
In criminal cases the defendant may enter into a bond to be of good
behaviour, or to do or to refrain from doing certain things, sometimes
referred to as a recognizance (q.v.). In a landlord and tenant situation,
the tenant pays bond money against possible damage to the landlords
premises.
This occurs when one of the parties to a contract fails to carry out their
side of the bargain.
Instructions given by a solicitor to a barrister to represent a client in
court proceedings.
Onus of proof (q.v.). In criminal cases, the prosecution bears the
burden of proof. In civil cases, it is the plaintiff. Sometimes the burden
shifts, e.g. if the defendant wants to set up a particular defence.
Break and enter at night.
This is a term sometimes used to refer to a warrant. The literal
translation of this Latin word is Let you take or You may take.
The capital of a company is the amount of principal money with which
a company is formed to carry on business. Also the funds a company
proposes to raise through the issue of shares.
The formal heading of a legal document, stating before whom it was
taken or made.
A document containing a warning to owners or buyers, lodged by a
person claiming a right or interest, (e.g. an unregistered interest in a
piece of land).
Let the buyer beware. At common law (q.v.) where a buyer of goods
had no warranty for them, he or she took the risk of their quality of him
or herself and had no remedy against the seller unless there was
chose in action
committal
committal
proceedings
common law
common law marriage
complainant
complaint
conciliation
concurrent sentences
condition
consanguinity
consent judgment
consideration
conspiracy
contempt of court
contract
contributory
negligence
conveyance
conveyancing
conviction
corroboration
counsel
count
counterclaim
fraud.
A right of proceeding in a court of law to procure the payment of a sum
of money (e.g. on a bill of exchange, policy of insurance), or to recover
pecuniary damages for the infliction of a wrong or the non-performance
of a contract. A legal chose in action is a right of action which could be
enforced in a court of law.
An order made by an examining magistrate who has found sufficient
evidence to warrant an accused being tried by a higher court.
Where a District Court hears evidence on an indictable charge (q.v.)
and decides whether the accused should be sent for trial (also called a
preliminary examination).
The part of English and Australian law traditionally based on common
customs and unwritten except in the reports of judgments applying it.
Law which is not equity (q.v.), statute (q.v.) or ecclesiastical (church).
A defacto marriage relationship where the partners have different legal
rights to married partners.
A person who begins a prosecution against another in a District Court,
a plaintiff, the victim in all alleged sexual assault.
Is the method used to commence civil proceedings (as opposed to
criminal proceedings) or criminal proceedings where the Court has
power to make an order for the payment of money, but not to impose a
fine or term of imprisonment. The term is commonly uses to describe
the document by which proceedings (other than Civil Claims and
District Court) are commenced.
The bringing together of parties in an attempt to settle a dispute.
Where a person is convicted of several offences at the same time, the
court may order that the sentences for each charge be served
concurrently, i.e. at the one time, not added together. (q.v. cumulative
sentences).
An important term in a contract, the remedy for breach of which is
rescission (q.v.) of the contract.
The degree of blood relationship of one person to another.
A judgment of the court based on the prior decision of both parties as
to how the debt is to be paid.
A thing of value in exchange for which a promise or agreement is
made.
A secret plan or agreement to carry out an illegal or harmful act,
especially with political motivation, plot.
The failure to obey a court order or an act which shows a disregard for
the authority of the court or judge. A person in contempt may face
imprisonment.
A legally binding agreement; it need not be in writing to be binding.
Where a person is shown to have done something to contribute to his
or her own injuries.
The formal transfer of property. The instrument by means of which
such transfer is effected.
A general term used to refer to the work of solicitors which does not
relate to court actions. (E.g. acting for the buyer of property).
This is a term only used in criminal proceedings and refers to the order
made by the Court indicating the Courts recognition of the accuseds
guilt and that some form of punishment will be imposed.
Independent evidence with confirms other evidence.
A barrister.
Each different criminal charge.
Where the defendant has a claim against the plaintiff which might have
counterfeit
convenant
creditor
crime
criminal law
cross examination
culpable negligence
cumulative sentences
custody
damages
de facto
de jure
debenture
decree absolute
decree nisi
deed
deemed
deemed employees
defamation
default
default summons
defendant
demise
demurrer
deponent
deposition
devise
Direct evidence
disbursements
discharge
discharged bankrupt
disclaim
Disclaimer clause
discovery
disposition
dissolution
of marriage
distrain
distress
dividend
divorce
document
domicile
double jeopardy
due process
duress
easement
ejectment
embezzlement
encumbrance
endorse
eminent domain
entrapment
equity
escrow
estate
estoppel
eviction
evidence
ex gratia
ex nuptial
committal proceedings.
A gift of real estate in a will.
Direct (personal) observation of a fact at issue. (c.f. circumstantial &
hearsay evidence).
The term used in a lawyers bill of costs to refer to amounts paid out by
way of stamp duties, registration fees, etc. In other words, out-ofpocket expenses.
To perform or be released from an obligation. A debt is discharged
when it is paid.
A person whose obligations as a bankrupt have been terminated by a
court.
To renounce a right of claim.
A clause which renounces a legal claim. An executor may disclaim his
or her position before probate (q.v.).
A procedure by which documents relevant to a civil (q.v.) action are
exchanged between the parties before the case comes on for hearing.
The transfer of something from one to another.
Divorce.
To seize goods by way of distress (q.v.).
Taking movable property out of the possession of a wrongdoer to
compel the performance of an obligation.
The payment made out of the profits, to the shareholders in a
company.
Dissolution of marriage.
A written, printed or inscribed paper furnishing information or evidence.
The place where a person has his or her legal home therefore the
place which determines the legal system relevant to that person.
The principle that a person may not be tried for a crime for which he or
she has already been acquitted or convicted.
The proper observance of legal procedures designed to protect the
rights of the accused.
Force or threat of force. An act done under duress is generally invalid.
An entitlement to the use of land by someone other than the owner,
e.g. a right of way.
An action for the recovery of land.
Theft by an employee of property received on his/her employers
account.
A change (q.v.) or liability, e.g. a mortgage.
To write on the back of a document.
The right of a government to take private property for public purposes.
An officer of the law inducing a person to commit an offence.
Fairness. A system of legal rules developed by the Lord Chancellor
and Courts of Chancery in England to modify the harshness of the
common law (q.v.). Also the extent of a persons interest in property.
A written agreement to be held by a third party for delivery only upon
fulfillment of some condition.
Property of a deceased person.
Prevention of an allegation (q.v.) pleading (q.v.) contrary to that which
has been already established.
The action of recovering land or property by legal proceedings.
All legal means which tend to prove or disprove any matter of fact.
A matter of favour. An act done when there is no obligation.
Out of marriage.
ex parte
examination
examination
summons
exclusion clause
execution
executor
exhibit
extradition
false imprisonment
fee simple
felony
fiduciary
(relationship)
file
fishing expedition
foreclosure
fraud
freehold
garnishee order
garnishment
gazumping
goods and chattels
grant of probate
gravamen
guarantee
guardian
habeas corpus
hearing
hearsay evidence
holding charge
homicide
immunity
in camera
incitement
incorporation
incorrigible
incriminate
indemnify
indemnity
indictable offence
industrial award
informant
information
injunction
inquiry
inquisitorial system
insolvent
instrument
inter alia
interlocutor
Interpleader
summons
interrogatories
intestate, intestacy
invalid
irregularity
issuable
issue
Joinder
joint custody
joint tenants
judgment
judgment creditor
judgment debtor
judgment in default
judicial notice
judicial review
juridical
jurisdiction
jurisprudence
jury
laches
larceny
law reports
lease
leasehold
leave
legatee
letter of demand
letter of
administration
liability
libel
liberty
lien
ieu, in
limitation, statutes of
liquidated
liquidated amount
litigation
locus standi
mnaughten rule
malfeasance
malice
man of straw
manslaughter
material
maxim
memorandum
of association
mens rea
merchantable quality
metes and bounds
minor
minutes
misadventure
misdemeanor
misfeasance
misprison of
felony
mitigation
moiety
moot point
moratorium
mortgage
motion
murder
natural justice
natural person
negligence
negotiable instrument
nexus
nominal damages
nominal defendant
non est factum
nonfeasance
nonsuit
proceedings.
States that in order to plead insanity the accused must prove that at
the time of the offence they did not know the nature of their act or that
they were doing wrong.
The doing of an unlawful act.
Evil, unlawful intention.
A person not worth suing, as lacking financial substance.
Unlawful homicide not amounting to murder, either because there was
no intent to kill or because there was some mitigating circumstance.
Substantial, significant.
A proposition requiring no proof, a rule of conduct.
A document essential to the registration of a company, containing
details of the companys name, method of financing and extent of its
members liability.
A guilty mind, the evil intention or knowledge that an act is wrong.
Up to a reasonable standard and quality for the purpose of the goods.
The boundary lines of land with their terminal points and angles.
A person under the age of eighteen years.
Notes or records of the business transacted at a meeting.
An accident arising out of the performance of a lawful act.
A minor indictable offence.
The improper performance of some unlawful act or duty.
Concealing knowledge of a crime.
Showing facts which tend to reduce the damages or punishment to be
awarded against a defendant or prisoner.
A half, or one of two parts of a division of something.
A debatable point.
General postponement
A transfer of real property (land) or personal property (goods) as
security for the repayment of money borrowed. The creditor to whom
the mortgage is made is called the mortgagee; the debtor who makes
it is the mortgagor.
An application to a court or judge for an order directing something to
be done in the applicants favour; or a proposed form of resolution to
be passed by a meeting.
Killing a person intentionally or with reckless disregard for human life.
The minimum standards of fairness to be applied in the adjudication of
a dispute.
A human being, as distinct from an artificial person, e.g. a company.
A failure to take reasonable care to avoid foreseeable harm to other
people or their property.
A signed document by means of which money may be transferred from
one person to another or through several hands, e.g. a cheque, bill of
exchange (q.v.).
A bond, link or connection.
Damages (q.v.) of a small amount ordered where a right has been
affected but no damage done.
If a victim of a motor vehicle accident cannot find the person at fault,
he or she can sue the Nominal Defendant instead.
It is not his or her deed. A defence raised where a person has
completed a deed in ignorance of its character.
The failure to perform a lawful duty.
Where the judge withdraws a case from the jury and decides the
proxy
perjury
personal property
perverting the course
of justice
petition
plaintiff
plea
plenary
power of attorney
pre-emption
Precatory words
precedent
preliminary
preponderance
prerogative writ
prevarication
prima facie
principal
publication
putative
putative father
quash
quorum
rationale
re
real property
recidivism
recitals
recognizance
(reck-on-assance)
release
remand
remission
remittance
repeal
requisitions
rescind, rescission
residue
residuary legatee
respondent
restitution
revoke
right
Right of action
rule of law
sanction
seal
sentence
separation
sequestration
serve (service)
severally
sexual assault
sine die
slander
spouse
standard of proof
statute
statement of claim
statutory declaration
statutory duty
stay
stay of proceedings
stipulation
strict liability
subpoena
sue
summary
summary dismissal
summary proceedings
summing up
summons
surety
surrogate
suspended sentence
tacit
taxation (of cost)
tenants in common
tenure
testament
testamentary capacity
testate
testator/testatrix
testimony
theft
title
title deed
to wit
tort
tortfeasor
tortious
transcript
trespass
tribunal
true bill
trust
turpitude
ultra vires
unconscionable
contract
undertaking
undue influence
unenforceable
unliquidated
unsworn statement
usurpation
usury
venue
verdict
versus
vest
vexatious litigant
vicarious liability
vitiate
void
voir dire
Waive
Warrant
Warranty
Without prejudice
Witness
writ
writ of execution
causa/conditie
sine
qua non L.
caveat. L.
caveat emptor L.
chose F. (shows)
circa L. (sir-ca)
compos mentis L.
contra pacem L.
coram L.
coram non judice L.
(yee-dee-chay)
jew-dee-see)
corpus delicti L.
Corpus juris L.
(yee-riss)
jew-riss)
coup detat F.
(coo daytah)
coup de grace F.
(coo de grass)
cui bono L.
(coo-ee bone-oh)
(kwee-bone-on)
de facto L.
de jure L.
(yew-ray)
(jey-ray)
de novo L.
de rigeur L.
(rigg-uhr)
de trop F.
(troh)
dies non L.
duce tecum L.
ejusdem generis L.
(ay-uce-dem)
en bloc F.
(on block)
en route F.
ergo L.
et cetera L.
et sequentia L.
et cathedra L.
ex curia L.
ex delicto L.
ex officio L.
extempore L.
fait accompli F.
faux pas F.
(for pah)
force majeure F.
(mah-zhyur)
in bono L.
in camera L.
in esse L.
in flagrante delicto L.
(flar-grantay)
in litem L.
in perpetuum L.
in re L.
in specie L.
in statu quo L.
in toto L.
inter se L.
(say)
inter vivos L.
interim L.
ipse dixit L.
(ip-say)
ipso facto L.
ipso jure L.
jurat L.
Jus ad rem L.
(yss or just)
malum in se L
(mah-lum in say)
malum prohibitum L.
mandamus L.
mens rea L.
(ray-ah)
modus operandi L.
(mode-us operan-die)
modus vivendi L.
multum in parvo L.
nihil est L.
nihil debet L.
nisi L.
nisi prius L.
(nee-see pree-us)
nolle prosequi L.
(noll-ay
pross-aykwee)
non-compos mentis L.
novo L.
nulla bona L.
obiter L.
pari passu L.
passim L.
per annum L.
per capita L.
persona designata L.
(per-sown-a)
persona non grata L.
post mortem L.
praecipe L.
in existence.
in flaming crime; red-handed.
in a lawsuit.
in perpetuity; forever.
in the matter of.
in its own kind.
in the state which (it was).
entirely.
among themselves.
among the living.
meantime
s/he her/himself said it
by the fact itself.
by the law itself.
let it be sworn.
the law for the matter.
evil in itself.
prohibited evil.
we command; a prerogative writ from a higher court to compel a
ministerial, administrative or judicial officer to perform their public legal
duty.
guilty mind; the requisite mental constituent of a particular crime.
From the quote actus non facit reum nisi mens sit rea; meaning
an act does not make man guilty unless his mind is guilty.
method of operating.
way of living; practical arrangement.
much in little; the epitome.
nothing is.
he owes nothing.
unless
unless previously.
to be unwilling to prosecute; a decision by the State or a plaintiff not
to proceed with part or all of a case.
not of sound mind.
anew
no goods upon which to collect.
in passing; incidentally.
all things being equal.
here and there; throughout.
per year.
per head
designated person.
unwelcome person.
after death.
initiative action; a form directing a court officer to issue or prepare a
(pry-see-pay)
prima facie L.
pro boto publico L.
pro rata L.
puise A.F.
(puny)
qua L.
quaere L.
(kwy-ray)
quantum meruit L.
quasi L.
(kwa-zi).
sub silento L.
quai timet L.
quid pro quo L.
quo animo L.
quo vide L.
(vee-day)
quorum L.
ratio decidendi L.
(dessid-endy)
reductio
ad absurdum L.
res gestae L.
res integra L.
res ipse loquitur L.
(race ipsay lock-witour)
Res judicata L.
Savior faire F.
(sav-vwah fair)
semper L.
sic L.
sine die L.
(see-nay dee-ay)
stare decisis L.
(star-ay de-sigh-sis)
stet L.
sub judice L
(sub yew-di-chay)
(sub jew-di-see)
sui generis L.
sui juris L.
(soo-eeyew-riss)
(oos-ee jew-riss)
tacit L.
tete-a-tete F.
(tate-a-tate)
ultra vires L.
(wirace or virez)
verbatim L.
(ver-bay-tim)
versus (v) L.
vis major L.
document.
at first appearance.
for the public good.
in proportion.
later born a judge of the High Court other than the Chief Justice.
in the capacity of .
question, inquire; a doubtful legal proposition.
as much as s/he deserved.
as if .
under silence.
because s/he fears.
something for something.
with what intention.
which see , q.v.
of whom.
the reason for the decision; the legal principle for precedent.
reduce to absurdity.
things done.
a fresh matter.
the thing speaks for itself.
an adjudicated matter.
to know how to do; sophistication
always
thus; as written.
without a day.
to let the decision stand.
Let it stand.
under judicial consideration.
of its own kind.
of ones own right; of full legal capacity.
it is silent; unspoken, implied.
head to head.
outside the powers.
as it was said.
facing; against.
greater force.
vis--vis F.
(vis-a-vee)
voir dire F.
(vwah dear)
volte face F.