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 eye-witness. 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 sub poena 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-près
"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 for-profit corporation. Dividends are declared by a company's board of directors.
Divorce
The final, legal ending of a marriage, by Court order.
DNA
Abbreviation for deoxyribonucleic acid. A chromosome molecule which carries genetic
coding unique to each person with the only exception of identical twins (that is why it is also
called "DNA fingerprinting"). Through laboratory process, DNA can be extracted from body
 tissue such a strand of hair, semen, blood and matched against DNA discovered at a crime
scene or on a victim to scientifically implicate an accused. Can also be used to match DNA
between parents in a paternity suit.
Docket
An official court record book which lists all the cases before the court and which may also
note the status or action required for each case.
Doctrine
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 mentally-disabled 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.
A-B-C-D-E-F-H-I-J-K-L-M
N-O-P-Q-R-S-T-U-V-W-X-Y-Z

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
<AHREF="DICT-UZ.HTM#WITNESS"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 à 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 federally-appointed 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 French-Canadians, 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.
A-B-C-D-E-F-G-H-I-J-K-L-M
O-P-Q-R-S-T-U-V-W-X-Y-Z

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.
Præcipe 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 à 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.
A-B-C-D-E-F-G-H-I-J-K-L-M
N-O-P-R-S-T-U-V-W-X-Y-Z

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 á 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".
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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.
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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.