A

Abatement
A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. For
example, a landlord might grant an abatement in rent. In estate law, the word may refer more
specifically to a situation where property identified in a will cannot be given to the beneficiary because
it had to be sold to pay off the deceased debts. Debts are paid before gifts made in wills are distributed
and where a specific gift has to be sold to pay off a debt, it is said to "abate" (compare with "
ademption").
Abbacinare
A barbaric form of corporal punishment meted out in the middle ages where persons would be
permanently blinded by the pressing of hot irons to the open eyes.
Abduction
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, many
countries will equally punish a person who aids or abets another to commit a crime.
Ab initio
Latin: from the start.
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. This is a typical clause in a loan
contract; miss one payment and the agreement to pay at regular intervals is voided and the entire
amount becomes due and payable immediately.
Acceptance
One of three requisites to a valid contract under common law (the other two being 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 K.B. 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.
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
A bill which has passed through the various legislative steps required for it and which has become law,
as in "an Act of the Commonwealth of Australia." Synonymous to statute, legislation or law.
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".
Ad colligendum bona
When a person dies and there is no apparent executor or administrator, a person can be appointed by
Court order and for the limited and sole purpose of collecting, inventorizing and preserving the assets of
the deceased until an appropriate full-fledged administrator can be found or appointed. Known then as
an administrator ad colligendum, this person is a agent of the Court and does not have the true or full
authority of an administrator of an estate.
Ad damnum
Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and
claimed by the plaintiff. The ad damnum part of a petition will usually suggest an amount in dollars that
the plaintiff asks the court to award.
Addendum
An 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
When property identified in a will 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".
Adhesion contract
A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no
opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the
sale, usually to the advantage of the seller.
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.
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
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.
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 necessarily 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. Administrative tribunals are often referred to as "Commission", "Authority" or "Board."
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.
ADR
Abbreviation for alternative dispute resolution.
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. 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 sufficient to become recognized as legal
owner. The more common word for this is "squatters." Each state has its own period of time after which
a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.
Affidavit
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 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.
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 plaintiff/victim.
Alimony
An amount given to one spouse to another while they are separated. Historically, the word "alimony"
referred to monies paid while spouses were legally separated but stilled wedlocked. Where they were
divorced, the monies payable were then referred to as " maintenance" but this distinction is now in
disuse.
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 unfetterred, outright and absolute. It is the opposite of the feudal
system and supposes no obligation to another (ie. a lord).
Allonge
A piece of paper which has been attached to a contract, a check or any promissory note, 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 third-party 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.
Amalgamation
The merging of two things together to form one such as the amalgamation of different companies to
form a single company.
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 USA has sent ambassadors to live, and represent the USA, in almost all
other countries.
Ambulatory
Something which is not cast in stone; which can be changed or revoked, such as a will.
Amend
To change, to revise, usually to the wording of a written document such as legislation.
Amicus curiae
Latin: friend of the court. Refers more specifically to persons asking for permission to intervene in a
case in which they are neither plaintiff or defendant, usually to present their point of view (or that of
their organization) 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.
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.
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.
Appeal
To ask a more senior court or person to review a decision of a subordinate court or person. In some
countries such as Canada, the USA and Australia, appeals can continue all the way up to the Supreme
Court, where the decision is final in that it can no longer be appealed. That is why it is called "supreme"
(although, in Australia the supreme court is called the High Court ).
Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or
criminal suit. 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.
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 real estate 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.
Arbitration
A 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 USA criminal law, the formal appearance of an accused person to hear, and to receive a copy of, the
charge 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.
Arson
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.
Assault
The touching of another person with an intent to harm, without that person's consent.
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.
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
An alternate word for lawyers or " barrister & solicitor", used mostly in the USA. A person that has
been trained in the law and that has been certified to give legal advice or to represent others in litigation.
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 word now part of English criminal law terminology. Refers to an accused who cannot be tried
for a crime because the record shows he has already been subjected to trial for the same conduct and
was acquitted. If the accused maintains that the previous trial resulted in conviction, he or she pleads
"autrefois convict." "Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot
be tried again for the same offence.
A vinculo matrimonii
Latin: of marriage. The term is now used to refer to a final and permanent divorce.

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.

B
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 cash or property) 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 (eg. 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. Commercial organizations usually add other non-legal
burdens upon bankrupts such as the refusal of credit. The duration of "bankruptcy" status varies from
state to state 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
A litigation specialist; a lawyer that restricts his or her practice to the court room. In England and some
other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, the
latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive
privileges of appearing in a court on behalf of a client. In other words, solicitors don't appear in court on
a client's behalf and barristers don't give legal advice to clients. In England, barristers and solicitors
work as a team: 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 the duration of
the litigation. Lawyers in some states, such as Canada, sometimes use the title "barrister and solicitor"
even though, contrary to England, there is no legal distinction between the advising and litigating roles.

Canadian lawyers can litigate or give legal advice, as is the case in the USA, where lawyers are referred
to as "attorneys."
Bastard
An illegitimate child, born in a relationship between two persons that are not married (ie. not in
wedlock) or who are not married at the time of the child's birth.
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, for legal tecchies, as a cestui que trust. Trusts are made to advantage
a beneficiary ( ie. A settlor (also called a " donor") transfers property to a trustee, the profits of which
are to be given to the beneficiairy).
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. 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 any person presenting the bill of exchange. A check 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.
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. In Canada, for example, it is
common for government ministers to vest all their investment property to a blind trust to avoid any
conflict of interest.
Bona vacantia
Property that belongs to no person, and which may be claimed by a finder. In some states, the
government becomes owner of all bona vacantia property.
Born out of wedlock
Born of parents who were not married at the time of birth.
Breach of contract
The failure to do what one promised to do under a contract. Proving a breach of contract is a
prerequisite of any suit for damages based on the contract.
Breach of trust
Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement
or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee,
personally.
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
decriminalized.
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.

C
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 church goers and church officers abide by rulings
and doctrines of canon law. Also known as "ecclesiastical law."
Capital punishment
The most severe of all sentences: that of death. Also known as the death penalty, capital punishment has
been banned in many coutries. 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 offenses
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 which 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 statute books 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.
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 which they intend to purchase and that they cannot
later hold the vendor responsible for the broken condition of the thing bought.
Certiorari
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 organization (eg. 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 wipe out a decision of an administrative tribunal which 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.
Cestui que trust or cestui que use
The formal Latin word 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.
Chaste
A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried
virgins.
Chattel
Moveable items of property which 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 an apartment
building, 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 sometines 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.
Check or 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
A right of property in intangible things or which are not in one's possession, enforceable through legal
or court action . Examples may include salaries, debts, insurance claims, shares in companies and
pensions.
Circumstantial evidence
Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been
proven. In some cases, there can be some evidence that can not be proven directly, such as with an eyewitness. And yet that evidence may be essential to prove a case. In these cases, the lawyer will provide
the judge or juror with evidence of the circumstances from which a juror 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
An order of a court to either do a certain thing or to appear before it to answer charges. The citation is
typically used for lesser offences (such as traffic violations) because it relies on the good faith of the
defendant to appear as requested, as opposed to an arrest or bail. The penalty for failing to obey a
citation is often a warrant for the arrest of the defendant.
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.
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 which 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 transportation company together in a class action suit.
Clayton's Case
An English 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) 1 Mer. 572) 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 the law 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.
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.
Codicil
An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of
the codicil.
Collateral
Property which has been committed to guarantee a loan.
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 (eg. 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.
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 subpoena witnesses. Commissions usually also have advisory powers to
government. The organizational form of a commission is often resorted to by governments to
exhaustively investigate 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 quasi-judicial or regulatory
powers.
Committee
A term of parliamentary law which 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 which 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).
Common law
Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents
developed over hundreds of years. Because it is not written by elected politicians but, rather, by judges,
it is also referred to as "unwritten" law. Judges seek these principles out when trying a case and apply
the precedents to the facts to come up with a judgement. Common law is often contrasted with civil law
systems which require all laws to be written in a code or written collection. Common law has been
referred to as the "common sense of the community, crystallized and formulated by our ancestors".
Equity law developed after the common law to offset the rigid interpretations medieval English judges
were giving the common law. For hundreds of years, there were separate courts in England and its
dependents: one for common law and one for equity and the decisions of the latter, where they
conflicted, prevailed. It is a matter of legal debate whether or not common law and equity are now
"fused." It is certainly common to speak of the "common law" to refer to the entire body of English law,
including common law and equity.
Common share
The basic share in a company. Typically, common shares have voting rights and a pro rata right to any
dividends declared. They differ from preferred shares which, by definition, carry some kind of right or
privilege above the common shares (eg. first to receive any dividends).
Company

A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an
organization, which can then focus on persuing 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
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 residential real estate contracts have a condition precedent which states that the
contract is not binding until and unless the property is subjected to an professional 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. This is
different from a condition precedent. The happening of a condition subsequent may invalidate a contract
which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding
contract exists until the condition occurs.
Condonation
Divorces can be obtained by showing a fault of the other spouse, such as adultery or cruelty. But a court
will refuse to grant a divorce based on these grounds 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".
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 term meaning an agreement, a meeting of the minds between the parties where all understand the
committments made by each. This is a basic requirement for each contract.
Consideration
Under common law, there can be no binding contract without consideration, which was defined in an
1875 English decision 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. So 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
which remove consideration as a prerequisite of a valid contract.
Consign
To leave an item of property in the custody of another. A item can be consigned to a transportation
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.
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 which sets out how that state will be organized 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 England and New Zealand (the USA, Canada and Australia all have
written constitutions).
Construction
The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a
contract or a statute, there are times when a phrase may be unclear or of several 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 a interpretation
law which gives legal construction guidelines. Generally, there are two types of construction methods:
literal (strict) or liberal.
Constructive dismissal
Under the employment law of some states, judges will consider a situation where there has been a
fundamental violation of the rights of an employee, by the employer, so severe that the employee would
have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal
on the part of the employer. For example, if an employer tries to force an employee to accept a drastic
demotion, the employee might have a case for constructive dismissal and would be able to assume that
the employment contract has been ended and seek compensation from a court.
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
A 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 (i.e. overnight).
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 (eg. $400 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 (eg. one-third) of any award that comes after the filing of the claim. For example, if
you go and see a lawyer because, after a medical emergency, your health insurance company refuses to
pay your medical bills in violation of their policy, the law firm might say: "no money down. In fact, we
don't get paid a cent unless you do. And 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." The lawyer associations in some counties prohibit
contingency fee arrangements. In those countries that allow them, they are very prevalent in personal
injury cases.
Contract
An agreement between persons which 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 which regulates the enforcement of contracts. Contract law has its origins thousands
of years as the early civilizations 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.
Contributory negligence
The negligence of a person which, while not being the primary cause of a tort, nevertheless combined
with the act or omission of the primary 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. Compare with detinue.
Conveyance
A written document which transfers property from one person to another. In real-estate 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.
Conviction
The formal decision of a criminal trial which 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 defense.
Once convicted, an accused may then be sentenced.
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. Many countries have expanded the definition of a "literary work" to include
computer programs or other electronically stored information.
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 schools still use a strap to
punish students. 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
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 organization, 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 organization.

Costs
This is a term often used in judgments as in "the defendant will pay costs." When a person is
condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the
action, witness fees and other fees paid out by the other side in bringing the action to justice. A court
can also condemn a losing party to "special costs" but this is considered punitive as it would include the
other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the
loser pays. In most states, the court has the final say on costs and may decide not to make an order on
costs.
Council
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. For example, Canada has a 'Standards Council of
Canada" which debates and proposes standards policies and is able to make recomendations to the
government of Canada. 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.
Court martial
A military court set up to try and punish offenses taken by members of the army, navy or air force.
Court of admiralty
A rather archaic term used to denote the court which has the right to hear shipping, ocean and sea legal
cases. Also known as "maritime law".
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 mall tenants or for the purpose of
preserving heritage property. For example, a coventor to a mortgage commits themself to pay the
mortgage if the mortgagor defaults.
Creditor
A person to whom money, goods or services are owed by the debtor.
Crime
An act or omission which is prohibited by criminal law. Each state 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, an omission to act can constitute a crime, such as
failing to give assistance to a person in peril or failing to report a case of child abuse.
Criminal conversation
Synonymous with adultery. In old English law, this was a claim for damages the husband could institute
against the adulterer.
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, prosecuted and punished by the government.
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 cross-examination then when you question your own witnesses (called an
"examination-in-chief"). For example, you are not allowed to ask leading questions to your own witness
whereas you can in cross-examination.
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, in Canada, as "Crown"
prosecutors and criminal cases take the form of "The Crown vs. John Doe" or "Regina vs. John Doe",
Regina being Latin for "The Queen."
Cuius est solum, ejus est usque ad caelum et ad inferos

Latin: who owns the land, owns down to the center of the earth and up to the heavens. This principle of
land ownership has been greatly tempered by case law which has limited ownership upwards to the
extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly.
Culpa lata
Latin for 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.
Curtilage
The yard surrounding a residence or dwelling house which is reserved for or used by the occupants for
their enjoyment or work. Curtilage may or may not be inclosed 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 its' curtilage of a particular person.
Custody
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.
Cy-pres
"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.

D
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.
Death penalty
Also known as capital punishment, this is the most severe form of corporal punishment as it is requires
law enforcement officers to kill the offender. Forms of the death penalty include hanging from the neck,
gassing, firing squad and has included use of the guillotine.
de bonis non
Latin and short for de bonis non administratis. A word used exclusively in estate matters and refers to
situations where an estate is abandonoed by an administrator only partially administered and someone
must be appointed to complete the administration of the residue of the estate; those assets not yet
administered.
Debtor
A person who owes money, goods or services to another, the latter being referred to as the creditor.
Decapitation
The act of beheading a person, usually instantly such as with a large and heavy knife or by guillotine, as
a form of capital punishment. This form of capital punishment is still in use in some Arab countries,
notably Saudi Arabia.
Decree absolute
The name given to the final and conclusive court order after the condition of a decree nisi is met.
Decree nisi
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, after which it is
called a decree absolute. 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 had to be sealed; that is, accompanied
not only by a signature but with an impression on wax onto the document. The word deed is also most
commonly used in the context of real estate because these transactions must usually be signed and in
writing.
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 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.
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. Defalcation has another legal meaning referring to the setting-off of two
debts owed between two people by the agreement to a new amount representing the balance. I owe you
$7 and you owe me $3; we agree to "defalk"; the result is that I owe you $4. This is a type of novation.
Defamation
An attack on the good reputation of a person, by slander or libel.
Defeasance
A side-contract which contains a condition which, if realized, could defeat the main contract. The
common English usage of the word "defeasance" has also become acceptable in law, referring to a
contract that is susceptible to being declared void as in "immoral contracts are susceptible to
defeasance."
Defendant
The person, company or organization who defends a legal action taken by a plaintiff and against whom
the court has been asked to order damages or specific corrective action redress some type of unlawful or
improper action alleged by the plaintiff.
Dehors
French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the
scope of the debate.
De jure
Latin: "of the law." The term has come to describe a total adherence of the law. For example, a de jure
government is one which has been created in respect of constitutional law and is in all ways legitimate
even though a de facto government may be in control.
Delegatus non potest delegare
One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a
person to whom an authority or decision-making power has been delegated to from a higher source,
canot, in turn, delegate again to another, unless the original delegation explicitly authorized it.
Demand letter
A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in
default. Demand letters are not always prerequisites for a legal suit but there are exceptions such as
legal action on promissory notes or if the contract requires it. Basically, a demand letter sets out why the
payment or action is claimed, how it should be carried out (eg. payment in full), directions for the reply
and a deadline for the reply. Demand letters are often used in business contexts because they are a
courtesy attempt to maintain some goodwill between business parties and they often prompt payment,
avoiding expensive litigation. A demand letter often contains the "threat" that if it is not adhered to, the

next communication between the parties will be through a court of law in the form of formal legal
action.
Demarche
A word coined by the diplomatic community and referring to a strongly worded warning by one country
to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches
are often precursors to hostilities or war. In September, 1996, for example, US President Clinton issued
a demarche to Iraqi President Saddam Hussein when intelligence reports showed troops massing along
the border of Kurd communities.
De minimis non curat lex
Latin: a common law principle whereby judges will not sit in judgement of extremely minor
transgressions of the law. It has been restated as "the law does not concern itself with trifles".
Demurrer
This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the
defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks
the court to reject the petition right then and there because of a lack of basis in law or insufficiency of
the evidence. This motion has been been abolished in many states and, instead, any such arguments are
to be made while presenting a regular defence to the petition.
De novo
Latin: new. This term is used to refer to a trial which starts over, which wipes the slate clean and begins
all over again, as if any previous partial or complete hearing had not occurred.
Deportation
The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct
dangerous to the public welfare. The grounds for deportation varies from country to country.
Deposition
The official statement by a witness taken in writing (as opposed to testimony which where a witnesses
give their perception of the facts verbally). Affidavits are the most common kind of depositions.
Descendant
Those person who are born of, or from children of, another are called that person's descendants.
Grandchildren are descendants of their grandfather as children are descendants of their natural parents.
The law also distinguishes between collateral descendants and lineal descendants.
Detinue
A common law action similar to conversion and also involving the possession of property by the
defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the
property, although the plaintiff may also ask for damages for the duration of the possession.
Devastavit
Latin for "he has wasted." This is the technical word referring to a personal representative who has
mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal
representative to personal liability for the loss.
Devise
The transfer or conveyance of real property by will.
Dicta or 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 called "obiter dictum."
Diplomat
An official representative of a state, present in another state for the purposes of general representation of
the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's
state-of-origin.
Disbursement
Miscellaneous expenses other than lawyer fees and court costs (i.e. filing fees) which paid on behalf of
another person and for which reimbursement will eventually be demanded of that person. In a personal

liability case, for example, typical disbursements might be expert medical reports, private investigator
reports, photocopying and courier costs and the like.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of
a group of beneficiaries is to receive either the income or the capital of the trust.
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.
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.
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
changing locks and 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 forprofit 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
A rule or principle or the law established through the repeated application of legal precedents.
Domicile
The permanent residence of a person; a place to which, even if he or she were temporary absent, 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

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. In most jurisdictions, 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. The law books of some countries refer to the trust donor as a "settlor." Also used to describe the
person who signs a power of attorney.
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
(eg. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial.
Due process
A term of US law which refers to fundamental procedural legal safeguards of which every citizen has an
absolute right when a state or court purports to take a decision that could affect any right of that citizen.
The most basic right protected under the due process doctrine is the right to be given notice, and an
opportunity to be heard. The term is now also in use in other countries, again to refer to basic
fundamental legal rights such as the right to be heard.
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 may
places, 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).

E
Easement
A right of passage over a neighbor'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.
Ecclesiastical law
Synonymous to canon law: the body of church-made law which binds only those persons which
recognize it, usually only church officers, and based on aged precepts of canon law.

Emancipation
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 (such as child reaching the age of majority). 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.
Eminent domain
USA: The legal power to expropriate private land for the sake of public necessity.
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 for "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
Something written on the back of a document. An alternate spelling, in some English jurisdictions, is
"indorsement." 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 "endorse" your writ with a concise summary of the facts
supporting the claim, sometimes called a statement of claim.
Endowment
The transfer of money or property (usually as a gift) to a public organization for a specific purpose, such
as medical research or scholarships.
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.
Equity
A branch of English law which developed hundreds of years ago 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 recognize unjust enrichment, which was a legal relief
developed by the equity courts. The typical Court of Equity decision would prevent a person from

enforcing a common law court judgment. The kings delegated this special judicial review power over
common law court rulings to chancellors. A new branch of law developed known as "equity", with their
decisions eventually gaining precedence over those of the common law courts. A whole set of equity
law 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.
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 law
A term used by the law to decribe that part of the law which regulates wills, probate and other subjects
related to the distribution of a deceased person's "estate".
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 summarized 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.
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 (eg. a signed
contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
Ex aequo et bono
Latin for "in justice and fairness." Something to be decided ex aequo et bono is something that is to be
decided by principles of what is fair and just. Most legal cases are decided on the strict rule of law. For
example, a contract will be normally upheld and enforced by the legal system no matter how "unfair" it
may prove to be. But a case to be decided ex aequo et bono, overrides the strict rule of law and requires
instead a decision based on what is fair and just given the circumstances.
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.
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 those proceedings where one of the parties has not received
notice and, therefore, is neither present nor represented. If a person received notice of a hearing and
chose not to attend, then the hearing would not be called ex parte. Some jurisdictions expand the
definition to include any proceeding that goes undefended, even though proper notice has been given.
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".
Expropriation
Canada: the forced sale of land to a public authority. Synonymous to the USA doctrine of "eminent
domain".
Express trust
A trust which is clearly created by the settlor, usually in the form of a document (eg. a will), although
they can be oral. They are to be contrasted with trusts which come to being through the operation of the
law and which do not result from the clear intent or decision of any settlor to create a trust (eg.
constructive trust).
Expunge
To physically erase; to white or strike out. To "expunge" something from a court record means to
remove every reference to it from the court file.
Ex rel
An abbreviation of "ex relatione", Latin for "on the relation of." Refers to information or action taken
that is not based on first-hand experience but is based on the statement or account of another person. For
example, a criminal charge "ex rel" simply means that the attorney general of a state is prosecuting on
the basis of a statement of a person other than the attorney general himself (or herself.)
Extortion
Forcing a person to give up property in a thing through the use of violence, fear or under pretense of
authority.
Extradition
The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the
terms of a extradition treaty.
Ex turpi causa non oritur actio
Latin: "Of an illegal cause there can be no lawsuit." In other words, if one is engaged in illegal activity,
one cannot sue another for damages that arose out of that illegal activity. A example is an injury
suffered by a passenger in a stolen car, which that passenger knew to be stolen and was a free
participant in the joyriding. If vehicle crashes injuring the passenger, there is no action in tort against
the driver under the ex turpi causa non oritur actio principle.

F
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 for which the punishment is prison for more than a year 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.
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.
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.
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.
Force majeure
French for 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.
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.
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 estate 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.

Freeholder
A person who owns freehold property rights (i.e. in a piece of real estate; either land or a building).
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: 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.
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
A Latin expression that mentally impaired persons cannot validly sign a will.

G
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 child support where
delinquent debtors will be subjected to salary garnishment. A percentages of their wages is subtracted
directly off their pay-check and directed to the person in need of support (the employer being the
garnishee).
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.
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
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.
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".
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 independently
contract with the obligee of the original contract. Compare with "surety."
Guardian
An individual who, by legal appointment or by the effect of a written law, is given custodyof both the
property and the person of one who is unable to manage their own affairs, such as a child or mentallydisabled person.
Guardian ad litem
A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such
incapacitated person that may be a party in a legal action.
Guillotine
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.

H
Habeas corpus
Latin: a court petition which orders that a person being detained be produced before a judge for a
hearing to decide whether the detention is lawful. 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.
Habitual offender
A person who is convicted and sentenced for crimes over a period of time and even after serving
sentences of incarceration, 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.)
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 "rumor." You are able to
tell a court what you heard, to repeat the rumor, 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.
Holograph will
A will written entirely in the testator's handwriting and not witnessed. Some states recognize holograph
wills, other do not. Still other states will recognize 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 death-row inmate is
another form of homicide, but one which is excusable in the eyes of the law. Another excusable
homicide is where a law enforcement 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 make a unanimous or near 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.
Husband-wife privilege
A special right that married persons have to keep communications between them secret and even
inaccessible to a court of law. While this privilege may have been varied in some states, it has always
been held to be lifted where one spouse commits a crime on the other. Similar to the client-solicitor
privilege.

I
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.
Another example of an immunity is where a witness agrees to testify only if the testimony cannot be
used at some later date during a hearing against the witness.
Incorporeal
Legal rights which are intangible such as copyrights or patents.
Incorporeal hereditament
An incorporeal right which is attached to property and which is inheritable. Easements and profits `
prendre are examples of incorporeal hereditaments as are hereditary titles such as those common in the
United Kingdom.
Indefeasible
A right or title in property that cannot be made void, defeated or canceled by any past event, error or
omission in the title. For example, certificates of title issued under a Torrens land titles system is 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.
Indictable offence
An offence which, in Canada, is more serious than those which can proceed by summary conviction.
This is the Canadian equivalent to the USA "felony". Murder and treason are examples of crimes
committed in Canada which would be indictable offences. These crimes are usually tried by federallyappointed judges and carry heavy sentences.
Indictment
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.
Infanticide
Murder of an infant soon after its birth.
Injunction

A court order that prohibits a party from doing something (restrictive injunction) or compels them to do
something (mandatory injunction).
In limine
Latin: at the beginning or on the threshold. A motion "in limine" is a motion that is tabled by one of the
parties at the very beginning of the legal procedures.
In pari delicto
Latin: both parties are equally at fault. Actually, the usual use of this phrase is "in pari delicto, potior
est conditio possidentis" which means that where both parties in a dispute are equally at wrong, the
person in possession of the contested property will retain it (ie. the law will not intervene).
In personam
Latin: All legal rights are either in personam or in rem. An in personam right is a personal right
attached to a specific person. In rem rights are property rights and enforceable against the entire world.
In rem
Latin: All legal rights are either in personam or in rem. In rem rights are proprietary in nature; related to
the ownership of property and not based on any personal relationship, as is the case with in personam
rights.
Insolvent
A person not able to pay his or her debts as they become due. "Insolvency" is a prerequisite to
bankruptcy.
Inter alia
Latin: "among other things", "for example" or "including". Legal drafters would use it to precede a list
of examples or samples covered by a more general descriptive statement. Sometimes they use an inter
alia list to make absolutely sure that users of the document understand that the general description
covers a certain element (which was covered in the general description anyway) without, in any way,
restricting the scope of the general element to include other things that were not singled out in the inter
alia list.
Interim order
A temporary court order; intended to be of limited duration, usually just until the court has had an
opportunity of hearing the full case and make a final order.
Interlineation
An addition of something to a document after it has been signed. Such additions are ignored unless they
are initialed by the signatories and, if applicable, witnesses (eg. wills).
Interlocutory
Proceedings taken during the course of, and incidental to a trial. Examples include procedures or
applications made which are to assist a case in preparing its case or of executing judgment once
obtained (eg. garnishment or judicial sale). These decisions intervene after the start of a suit and decide
some issue other than the final decision itself.
Interlocutory injunction
An injunction which lasts only until the end of the trial during which the injunction was sought.
Interloper
A person who, without legal right, runs a business (eg. without mandatory licenses), or who wrongfully
interferes or intercepts another's business.
International law
A combination of treaties and customs which regulates the conduct of states amongst themselves. The
highest judicial authority of international law is the International Court of Justice and the administrative
authority is the United Nations.
Inter partes
Latin: between parties.
Intestate
Dying without a will.
Inter vivos

Latin: from one living person to another living person. For example, an inter vivos trust is one which the
settlor sets up to take effect while he or she is still alive. It can be contrasted with the testamentary trust,
which is to take effect only upon the settlor's death. Another example is the sale of a life estate which
can only occur between persons living; i.e. inter vivos.
Inure
To take effect, to result; to come into operation.
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 behavior 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.

J
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.
J. D.
Abbreviation for "juris doctor" or "doctor of jurisprudence" and the formal name given to the university
law degree in the United States. It is a prerequisite to most bar admission exams.
Joint and several liability
Liability of more than one person for which each person may be sued for the entire amount of damages
done by all.
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
When two or more persons are equally 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." But 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 a court of law 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.
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 (eg. the jurisdiction of the Supreme Court of Australia is limited to acts
committed or originating in Australia), 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 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.
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 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
kin
A blood or marriage relative; as in "next of kin" refers to the closest relative.

L
Laches
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 suit against you is not valid because of this, you
would call it "estoppel by laches".
Landlord
A land or building owner who has leased the land, the building or a part of the land or building, to
another person.
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 now covers most cases of larceny.
But larceny is wider than theft as it includes the taking of property of another person by whatever means
(by theft, overtly , by fraud, by trickery, etc.) if an intent exists to convert that property to one's own use
against the wishes of the owner.
Law
All the rules of conduct that have been approved by the government and which are in force over a
certain territory and which must be obeyed by all persons on that territory (eg. the "laws" of Australia).
Violation of these rules could lead to government action such as imprisonment or fine, or private action
such as a legal judgement against the offender obtained by the person injured by the action prohibited
by law. Synonymous to act or 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 recognize 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 & solictor" or an attorney.
Leading question
A question which suggests an answer; usually answerable by "yes" or "no". For example: "Did you see
David at 3 p.m.?" These are forbidden to ensure that the witness is not coached by their lawyer through
his or her testimony. The proper form would be: "At what time did you see David?" Leading questions
are only acceptable in cross-examination 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.
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).
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
(eg: house of assembly, Congress, Parliament) to write the laws of the land.
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 an ambiguous article in a statute, a liberal construction
would allow a judge to consider the purpose and object of a statute before deciding what the article
actually means.
License
A special permission to do something on, or with, somebody else's property which, were it not for the
license, 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 license, would constitute
trespass. Licenses 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). Licenses which are not based on a contract

and which are fully revocable are called "simple" or "bare" licenses. A common example is the
shopping mall to which access by the public is on the basis of an implied license.
Lien
A property right which remains attached to an object that has been sold, but not totally paid for, until
complete payment has been made. 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 real estate). 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.
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.
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.
Liquidation
The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors.
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.
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
A document that sets out guidelines for dealing with life-sustaining medical procedures in the
eventuality of the signatory's sudden debilitation. Living wills would, for example, inform medical staff
not to provide extraordinary life-preserving procedures on their bodies if they are incapable of
expressing themselves and suffering from an incurable and terminal condition.
LL.B., L.M. or LL.D.

The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law (LL.B.),
the masters degree in law (LL.M.) and the doctorate in law (LL.D.). These are basic prerequisites to
admission to the practice of law in many states.
Locus
Latin for "the place." For example, lawyers talk of the "locus delicti" as the pace where a criminal
offense was commited 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.
Long arm statutes
Each court is bound to a territorial jurisdiction and does not normally have jurisdiction over persons that
reside outside of that jurisdiction. For example, a court in Scotland would not normally have jurisdiction
over a resident of Ireland. Long-arm statutes are a tool which gives a court jurisdiction over a person
even though the person no longer resides in the territory limits of the court. For example, UIFSA allows
a court to have jurisdiction over a non-resident support payor.

M
Magna Carta
Charter to which subscribed King John of England on June 12, 1215 in which 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. Held to be the precursor of habeas
corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ...
except by lawful judgment of his peers or by the law of the land". Click here to see the full text of the
Magna Carta.
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 a month
maintenance." Some countries prefer the words "support" (spousal or child) or "alimony" but they all
mean the same thing.
Malfeasance
Doing something which is illegal. Compare with misfeasance and nonfeasance.
Mandamus
A writ which commands an individual, organization (eg. government), administrative tribunal or court
to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Manslaughter
Accidental homicide or homicide which occurs without an intent to kill, and which does not occur
during the commission of another crime or under extreme provocation.
Maritime law
A very specific body of law peculiar to transportation by water, seamen and harbors.
Marriage
The state-recognized, voluntary and exclusive contract for the lifelong union of two persons. Most
countries do not recognize marriage between same-sex couples or polygamous marriages.
Massachusetts trust
A unique way to organize a business where the property is bought by, or transferred to, a trustee (such
as a trust company) and the trustee issues trust "units", which the investors, or their designates, hold as
beneficiaries. This is a common way to structure a large real estate purchase.
Matrimony
The legal state of being married. Ecclesiastics talk of the "holy" state of matrimony.
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 to 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.
MOU
Abbreviation fo "Memorandum of Understanding." A document which, if meeting the other criteria, can
be, in law, a contract. Generally, in the world of commerce or international negotiations, a MOU is
considered to be a preliminary document; not a comprehensive agreement between two parties but
rather an interim or partial agreement on some elements, in some cases a mere agreement in principle,
on which there has been accord. Most MOU's imply that something more is eventually expected.
Mens rea
Latin for "guilty mind." Many serious crimes require the proof of "mens rea" before a person can be
convicted. In other words, the prosecution must prove not only that the accused committed the offence
but that he (or she) did it knowing that it was prohibited; that their act (or omission) was done with an
intent to commit a crime.
Minor
A person who is legally underage. It varies between 21 and 18 years of age. 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 access to places serving alcohol and the right to purchase and consume alcohol, smoke
cigarettes and drive a car. But there are many other legal rights which 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 off with
the name of the organization, 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 or secretary.
Miranda warning
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 to not be 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.
Misdemeanor
(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for
less than one year.
Misfeasance
Improperly doing something which a person has the legal right to do. Compare with malfeasance and
nonfeasance.
Mis-joinder
When a person has been named as a party to a law suit 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, or substitute for, the name of the mis-joined 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.
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 which 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 minimize those damages, as far as
reasonable. For example, in a wrongful dismissal suit, the person that was fired should make some
effort to find another job so as to minimize the economic damage on themselves.
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 law
enforcement officials 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 monolopoies 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
litigators.
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.
Murder
Intentional homicide (the taking of another person's life), without legal justification or provocation.

N
Nation
A group or race of people that share history, traditions and culture. The United Kingdom is comprised
of four nations or national groups: the English, Scots, Irish and Welsh. Canada includes FrenchCanadians, English-Canadians and a number of aboriginal nations. Thus, states may be comprised of
one or several nations. It is common English to use the word "nation" when referring to what is known
in law as "states."
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) 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.
NCND Agreement
An international trade instrument; "non circumvention/non disclosure agreement" used in the
preliminary stages of a business transaction where the Seller and Buyer do not know each other, but are
brought into contact with each other by one or more intermediaries (also known as brokers or
middlemen), to fulfill the transaction. Non Circumvention/Non Disclosure Agreements ensure that the
intermediaries in the transaction are not cicumvented and excluded from the transaction by the Buyer
and/or Seller and/or the other intermediaries. Many trade transactions are chain-like. Product flows like
this: seller-broker-broker-broker-buyer. The brokers in the middle use NCNDs to ensure that they are
not circumvented by anyone else in the chain; also, to ensure that information on the other parties in the
chain is not disclosed to outside parties. They are valid for a specified term; usually two years.
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 a liability suit under 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.
Nemo judex in parte sua
Latin and a fundamental principle of natural justice which states that no person can judge a case in
which he or she is party. May also be called nemo judex in sua causa or nemo debet esse judex in
propria causa.
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 decesased's property.
Nolo contendere
Latin for "I will not defend it." Used primarily in criminal proceedings whereby the defendant declines
to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same
effect as a plea of guilty.
Non est factum
Latin for "not his deed" and a special defense 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. Jurisdictions which do have notaries include the Canadian
provinces of Quebec and British Columbia and Australia.
Notwithstanding
In spite of, even if, without regard to or impediment by other things.
Novation
Substitute a new debt for an old debt cancelling the old debt. (Compare with "subrogation")
Nudum pactum
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, in those
jurisdictions which still require consideration.
Nuisance
Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience
to a neighbor or to the public. Nuisance is a tort.
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."
Obscenity
An elusive concept used in the context of criminal law to describe a publication which is illegal because
it is morally corruptive. The common law has struggled with this word as society has evolved towards
greater tolerance of alternative sexual behavior. Historically, it included any lewd material which had no
apparent social value, which was offensive to contemporary community standards of decency, and even
material which tended to invoke impure sexual thoughts. As an example of a modern definition, Canada
has defined obscene material as any publication a dominant characteristic of which is the undue
exploitation of sex, or of sex and crime, horror, cruelty or violence.
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.
Offense
A crime; any act which contravenes the criminal law of the state in which it occurs. Spelled "offence" in
Commonwealth countries.
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".
Ombudsman
A person whose occupation consists of investigating customer complaints against his or her employer.
Many governments have ombudsmen who will investigate citizen complaints against government
services.
Omnibus bill
A draft law before a legislature 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 state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the
onus of proof lies with the plaintiff 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.
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.
Order
A formal written direction given by a member of the judiciary; a court decision without reasons.
Ordinance
An executive decision of a government which has not been subjected to a legislative assembly (contrary
to a statute). It is often detailed and not, as would be a statute, of general wording or application. This
term is in disuse in many jurisdictions and the words "regulations" or "bylaws" are preferred.
Orphan
A person who has lost one or both of his or her natural parents.
Out-of-court settlement
An agreement between two litigants to settle a matter privately before the Court has rendered its
decision.

P
Paralegal
A person who is not a lawyer or is not acting in that capacity but who provides a limited number of
legal services. Each country differs in the authority it gives paralegals in exercising what traditionally
would be lawyers' work.
Pardon
A pardon is a government decision to allow a person who has been convicted of a crime, to be free and
absolved of that conviction, as if never convicted. It is typically used to remove a criminal record
against a good citizen for a small crime that may have been committed during adolescence or young
adulthood. Although procedures vary from one state to another, the request for a pardon usually
involves a lengthy period of time of impeccable behavior and a reference check. Generally speaking, the
more serious the crime, the longer the time requirement for excellent behavior. In the USA, the power to
pardon for federal offenses belongs to the President.
Parens patriae
Latin: A British 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 incarceration in which the prisoner promises to heed certain conditions (usually
set by a parole board) and under the supervision of a parole officer. Any violation of those conditions
would result in the return of the person to prison.
Parricide
Killing one's father or another a family member or close relative.
Partnership
A business organization in which two or more persons carry on a business together. Partners are each
fully liable for all the debts of the enterprise but they also share the profits exclusively. Many states
have laws which regulate partnerships and may, for example, require some form of registration and
allow partnership agreements. 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).
Par value shares
Shares issued by a company which have a minimum price. Shares which are without par value or "non
par value shares" are shares which may be sold at whatever price the company's board of directors
decides.
Patent
An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years
(eg. in Canada, 17 years). Normally, no one company can retain a monopoly over a product or service
because this is considered to economically harmful to society. But as a financial incentive to potential
inventors, the state grants a temporary monopoly to that inventor through the issuance of a patent.
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.
Payee
The person to whom payment is addressed or given. In family law, the term usually refers to the person
who receives or to whom support or maintenance is owed. In commercial law, the term refers to the
person to whom a bill of exchange is made payable. On a regular check, the space preceded with the
words "pay to the order of" identifies the payee.
Payor
The person who is making the payment(s). Again, in the context of family law, the word would
typically refer to the person to a support or maintenance debtor. In commercial law, the word refers to
the person who makes the payment on a check or bill of exchange.
Pedophile
A person afflicted with "pedophilia", a sexual perversion in which children are preferred as sexual
partner.
Pen register
An electronic surveillance device which attaches to a phone line and which registers every number
dialed from a specific telephone. This surveillance device is not as effective as wire-tapping.
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.
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.
Peremptory
Final or absolute or not open to challenge. An adjournment to a date which is set to be "peremptory"
means that ther matter will go ahead on that date with no further applications for adjournment to be
granted.
Perjury
An intentional lie given while under oath or in a sworn affidavit.
Perpetuating testimony
The recording of evidence when it is feared that the person with that evidence may soon die or
disappear and that this person's evidence, if recorded, could then be used in the future to prevent a
possible injustice or to support a future claim of property.
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 incapacity such as a court finding of mental incapacity. Many laws
give certain powers to "persons" which, in almost all instances, includes business organizations that
have been formally registered such as partnerships, corporations or associations.
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.
Petition
The formal, written document submitted to a court, and which asks for the court to redress what is
described in the petition as being an injustice of some kind. Petitions set out the facts, identifies the law
under which the court is being asked to intervene, and ends with a suggested course of action for the
court to consider (eg. payment of damages to the plaintiff). Petitions are normally filed by lawyers
because courts insist on complicated forms but most states will allow citizens to file petitions provided
they conform to the court's form. Some states do not use the word "petition" and, instead, might refer to
an "application", a "complaint" or the "writ."
Pettifogger
A petty or underhanded lawyer or an attorney who sustains a professional livelihood on disreputable or
dishonorable business. The word has also taken on an common usage definition referring to anyone
prone to quibbling over details.
Petty offense
A minor crime and for which the punishment is usually just a small fine or short term of imprisonment.
Physical custody
A child custody decision which grants the right to organize and administer the day to day residential
care of a child. This is usually combined with legal custody.
Picket
To object publicly, on or adjacent to the employer's premises, to an employer's labor 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
The person who brings an case to court; who sues. May also be called "claimant", "petitioner" or
"applicant. The person being sued is generally called the "defendant" or the "respondent."
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 public trial, in exchange for which the prosecutor agrees to ask for a more
lenient sentence than would have been recommended if the case had of proceeded to full trial. The
normal rule of law is that judges are not bound by plea bargains although, as past lawyers themselves,
they are generally aware of plea bargains and a reasonable recommendation of a prosecutor on
sentencing is always heavily considered.
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.
Polygamy
Being married to more than one person. Illegal in most countries.
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.
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 mail box for return mail even if, in fact, it
never reaches the offeror. An 1892 British case summarized 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.
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 plaintiff) 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
An offence against the King or Parliament, in old English law, which led to serious penalties but not
capital punishment.
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
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. Depending on the local laws in your state, 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.
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. In many states, criminal trials require evidence beyond a reasonable
doubt. But in civil trials, evidence is required only by preponderance of the evidence. 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. The side with the preponderance of evidence wins the case.
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 real property 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 written in a state's law known
as "statute of limitations."
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". Law-makers 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.
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 law
Law which regulates the relationships between individuals. Family, commercial and labor 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 a bankruptcy to recoup their debts
from the bankrupt's estate before other, non-privileged creditors.
Probate
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.
Probation
A kind of punishment given out as part of a sentence which means that instead of jailing a person
convicted of a crime, a judge 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 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, drink
alcohol, consume drugs, not to go to a specific place or contact a certain person.
Pro bono
Provided for free. Pro bono publico means "for the public good."
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.
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.
Property
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 immoveable 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

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.
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.
Prosecute
To bring judicial proceedings against a person and to administer them until the conclusion of the court
proceedings. Lawyers are hired by the government to administer the prosecution of criminal charges in
the courts.
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 who offers sexual intercourse for hire.
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 domain
A term of American copyright law referring to works that are not copyright protected, free for all to use
without permission. Examples include works that were originally non-copyrightable (items that by their
very nature are not eligible for copyright such as ideas, facts or names), copyright that has been lost or
expired, where copyright is owned or authored by the federal government (federal documents and
publications are not copyrighted and so are public domain), and those works which have 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 its 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. As you can see, the line is often hard to draw
between public and private law.
Puisne
Junior or lower in rank, as opposed to the chief justice. For example, there are 8 puisne judges on the
Supreme Court of Canada and a chief justice.
Punitive 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 from jurisdiction to jurisdiction. In some countries, and in certain
circumstances, punitive damages might even be available for breach of contract cases but, again, 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 jurisdictions 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.

Q
Quantum
Latin: amount or extent.
Quantum meruit
Latin for "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.
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. But between
routine government policy decisions and the traditional court forums lies a hybrid, sometimes called a
"tribunal" or "administrative tribunal" and not necessarily 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 sugest that there is no such thing as a "quasi-judicial" decision or body; the body or
decision is either judicial or not.
Quid pro quo
Latin: something for something. The giving of something in exchange for another thing of equal value.
Quorum
The number of people who must be present at a meeting before business can be conducted. Without
"quorum", decisions are invalid. Many organizations have a quorum requirement to prevent decisions
being taken without a majority of members present.
Quo warranto
Latin and referring to a special legal procedure taken to stop a person or organization 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, other than a wife, without her consent. But many states have changed this basic
definition to include sex with a minor (with or without consent; also known as statutory rape), sex with
a man without his consent, or exempting men who force their wives to have sex.
Real property

Immoveable 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
Usually, every element of a case must be proven to a judge or a jury. The exception is a "presumption",
which means that if certain other facts are proven, then another fact can be taken for granted by the
judge (or jury). For example, in some states, an adult caught having intercourse with a minor is
presumed as having known that the minor was under-age. Most presumptions are "rebuttable", which
means that the person against whom the presumption applies may present evidence to the contrary,
which then has the effect of nullifying the presumption. This then deprives the person that tried to use
the presumption with the advantage of the "free" evidence and makes him present evidence to support
the fact which might have been proven by the presumption.
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. In some jurisdictions where a mortgage transfers title to the lender until
the mortgage is paid off, the "buying back" of the property is known as redemption.
Relator
An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. In
criminal prosecutions in some states, this would be indicated by the use of the expression ex. rel. as in
The State of California ex. rel. Robert Smith v. George Doe.
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 an apartment", although the proper legal term would be to "lease an apartment."
Replevin
A legal action taken to reclaim goods which have been distrained.
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.
Res gestae
Latin for "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. Some laws even allow
res gestae statements to 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
even though, technically, it offends the rule against hearsay. This is to recognize 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 defense allows it to be put on the trial record
unchallenged.

Res ipsa loquitur

A word 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 which 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 getting hit by a rock which flies off a passing
dump truck. 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 judicata
Latin: A matter which has already been conclusively decided by a court.
Respondent
The party that "responds to" a claim filed in court against them by a plaintiff. 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 appelant).
Restitutio in integrum
Latin for 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 judgement and then that judgement
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 don't 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 transferror or his (or her) heirs. A reservation in a real property conveyance
that the property reverts back to the original owner upon the occurence of a certain event. For example,
Jim gives Bob a bulding 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.
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 river bank (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 from country to country and may include the right to build a wharf outwards to a
navigable depth or to take emergency measures to prevent flooding.
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 in many jurisdictions which
supersedes the common law rule. For more information, see the WWLIA article on the "Rule Against
Perpetuities."

S
Sanction
This is a very unusual 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
A special criminal law option available 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 the normal
prosecution which, in those days, was quite severe (see, for example, The Law's Hall of Horrors). But
the ordeal, even within sanctuary, was no piece of cake. The fugitive had to remain within the walls of
the sanctuary, abandon his or her oath to the king, followed which they had a short period of time to
leave the country. They were considered to be "dead", so much so that their land was forfeited to the
King and their wife considered to be a widow. If they refused to renounce their oath, they could be
starved out of the sanctuary. Henry VIII of England even took to branding them with a hot iron before
they left the country just in case they tried to return; they could then be quickly spotted and arrested.
Abolished from the common law in 1624 and, in France, at the time of the Revolution, the principle of
sanctuary continues today, in somewhat altered form, as diplomatic asylum under international law.
Scienter
Latin for 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).
Search warrant
A court order (i.e. signed by a judge) that gives a police the permission to enter private property and to
search for evidence of the commission of a crime, for the proceeds of crime or property that the police
suspect may be 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 jail, community service or a period of probation.
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.
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 a prendre.
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."
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-favor in exchange for sexual favor.
Sexual intercourse
Penetration of a man's penis into a woman's vagina.
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.
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
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.
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 labor 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 regular court but which has simplified rules of procedure and process to deal with claims of a lesser
value. Many jurisdictions have established small claims courts which, because of their structures and
reliance on deformalized proceedings, allow for expedited hearings and where representation by lawyer
is not required or encouraged. Some typical distinctive characteristics of small claims courts include the
ability to serve by regular mail and to seize both a court and an adversary at far less cost than in
ordinary courts.
Socage
A term of the feudal system which referred to the tenure which was exchanged for certain goods or
services which were not military in nature. Socage is often described as "free and common socage"
although the "free and common" qualification is now of a purely historical significance.
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 that restricts his or her practice to the giving of legal advice and does not normally litigate.
that court room. In England and some other Commonwealth jurisdictions, a legal distinction is made
between solicitors and barristers, the former with exclusive privileges of giving oral or written legal
advice, and the latter with exclusive privileges of preparing and conducting litigation in the courts. In
other words, solicitors don't appear in court on a client's behalf and barristers don't give legal advice to
clients. In England, barristers and solicitors work as a team: 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 the duration of the litigation. Lawyers in some states, such as Canada,
sometimes use the title "barrister and solicitor" even though, contrary to England, there is no legal
distinction between the advising and litigating roles. Canadian lawyers can litigate or give legal advice
(as is the case in the USA, where lawyers are referred to as "attorneys").
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.
Split custody
A child custody decision which means that legal custody goes back and forth between parents like a
ping-pong ball, as they, in turn, take care of the child. They are very rare (for example, only 5% of all
custody orders in the USA) because they works against consistent upbringing decisions for the child.
Also known as "divided custody" although the latter concept is mostly used to describe split custody
over greater periods of time such as alternate years with each parent.
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
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."
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 rape
The common law definition of rape has not proven adequate to reflect modern values. It is limited to sex
without consent and with a woman, and only where the victim is not the wife of the rapist. 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 vacation 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.
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.
Strict liability
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.
Subinfeudation
The process whereby, under the feudal system of tenure, a person receiving a grant of land from a lord,
could himself become a lord by subdividing and subletting that land to others.
Sub judice
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: an order of a court which requires a person to be present at a certain time and place or suffer a
penalty (subpoena means, literally, "under 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".)
Subservient tenement
The real property that supports or endures an easement. The real property benefitting 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.
Sui juris
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.
Summary conviction offence
In Canada, a less serious offence than indictable offences for which both the procedure and punishment
tends to be less onerous.
Summons
In the USA, this is one of the initial documents issued in a civil suit; giving the defendant notice of the
claim and an opportunity to defend it. The summons also gives the court which issues it the authority to
dispose of the matter. In Canadian criminal law, this is the document used by the police to compel an
accused to attend court to answer the charges. 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.
Surety
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."
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.

T
Taft-Hartley
The name of an American federal labor law which was passed in 1947, and which sought to "equalize
legal responsibilities of labor organizations and employers"; ie. balance the Wagner Act, which, it was
felt, may have gone to far in protecting union rights. Where the Wagner Act had was aimed primarily at
employer behavior, the Taft-Hartley was aimed at unions and sought to restrain their activities under
certain circumstances, by detailing union rights and duties. For example, the Taft-Hartley Act exempted
supervisors from it's provisions, allowed employees to decline participation in union activities and
permitted union decertification petitions.
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.
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.
Tender
An unconditional offer of a party to a contract to perform their part of the bargain. For example, if the
contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing
and offers to the creditor. In real property law, when a party suspects that the other may be preparing to
renege, he or she can write a tender in which they unequivocally re-assert their intention to respect the
contract and tender their end of the bargain; either by paying the purchase or delivering the title.
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 behavior."
Testamentary trust
A trust which 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
A person who dies with a valid will.
Testimony
The verbal presentation of a witness in a judicial proceeding.
Torrens land registration system
A land registration system invented by Robert Torrens and in which the government is the keeper of the
master record of all land and their owners. In the Torrens system, a land title certificate suffices to show
full, valid and indefeasible title. Used in Australia and several Canadian provinces.
Tort
Derived from the Latin word tortus which meant wrong. In French, "tort" means a wrong". Tort refers
to that body of the law which will allow an injured person to obtain compensation from the person who
caused the injury. Every person is expected to conduct themselves 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") so that, ultimately, they will suffer the pain cause by their action. Tort also serves as
a deterrent by sending a message to the community as to what is unacceptable conduct.
Tort-feasor
Name given to a person or persons who have committed a tort.
Tracing
A legal proceeding taken under the law of equity where the plaintiff 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.
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 th 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 .
Trespass
Unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses.
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
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.
Trustee
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 to also 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
intermeddling 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.

U
UIFSA
The American uniform child and spousal support legislation, the Uniform Interstate Family Support Act
already adopted and implemented by most states and expected to be law throughout the USA soon. It is
the successor of URESA and is a long-arm statutes as it gives the state which issues the first support
order jurisdiction over the support payor anywhere in the USA for the purposes of varying that order.
For more information, please see http://wwlia.org/us-uifsa.htm
Ultra vires
Without authority. An act which is beyond the powers or authority of the person or organization which
took it.
Unjust enrichment
A legal procedure whereby you can seek reimbursement from another who benefitted from your action
or property without legal justification. There are said to be 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 plaintiff, and the absence of a legal reason
for the defendant's enrichment. For example (and only theoretically as many countries have laws which

have modified equity law in some situations), 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.
URESA
Uniform Reciprocal Enforcement of Support Act of the United States, as created in 1950 by the
National Conference of Commissioners on Uniform State Laws. This was the first family support
uniform legislation in the USA and it was ultimately adopted, in some form or another, by all the US
states. It was updated in 1968 and the revised version became known as "RURESA", the initial "R"
standing for "Revised." It has been replaced by UIFSA. For more information, please see
http://wwlia.org/us-uifsa.htm
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
neighbor, thus enabling that neighbor 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.
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 city to ensure objective witnesses (i.e.
that would not have been spoiled by media speculation on the crime).
Vehicle
Any thing that is designed to transport persons or objects. A bicycle has been held to be 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 plaintiff or for the defendant.
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 Doe."
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 victimized 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 plaintiff'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.
Volenti non fit injuria
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.

W
Wagner Act
A 1935 American federal statute which recognized employee rights to collective bargaining, protected
the right to belong to a union, prohibited many anti-union tactics then used by employers, and set up the
National Labor Relations Board. The NLRB was given wide enforcement powers. It was later amended
by the Taft-Hartley Act in 1947.
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 possesion 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."
Will
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

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 it's 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.
Witness
The regular 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).
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).
Wrongful death
An American tort law action which claims damages from any person who, through negligence or direct
act or omission, caused the death of certain relatives (eg. 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. The Canadian equivalent of the
wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as
Lord Campbell's Act.
Wrongful dismissal
Being fired 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 be
supplemented by labor legislation. Either could provide for certain procedures to be followed, failing
which any firing is wrongful dismissal and for which the employee could ask a court for damages
against the employer. Can also be referred to as "dismissal without just cause." Not all states recognize
this tort law action.

X-Z
Yellow dog contract
A name given in American labor law to contract of employment by which the employee agrees to forfeit
their employment if they join a union during the period of employment. These types of contracts are
now prohibited by American law.
Young offender

Young persons who, in many states, are treated differently than adult criminals and are tried in special
youth courts. In Canada, for example, criminal suspects between 12 and 17 inclusively are processed
under the Young Offenders Act, which includes several provisions which reflect the rehabilitative nature
of the legislation.
Zipper
"Devices consisting of two opposite series of members adapted to be attached one on each side of an
aperture in some article and to interlock so as to close the aperture upon the slide being operated in one
direction, or to separate so as to leave the aperture open upon the slide being operated in the opposite
direction." Editor's note:we didn't make this up! It's from a 1932 trademark case of the Supreme Court
of Canada called Lightning Fastener Co. Ltd. V. Canadian GoodrichCo. Ltd.