legal phrases

7/23/2019 Legal Phrases

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Klasizze Broñola

A - Z LegalPhrases



A

Abandonment giving up a legal right.

Abatement is: cancelling a writ or action;stopping a nuisance;

reducing the payents to creditors in proportion! i"

there is not enough oney to pay the in "ull; or

reducing the #e$uests in a will! in proportion! when

there is not enough oney to pay the in "ull.

Abduction ta%ing soeone away #y "orce.

Ab initio "ro the start o" soething. &'his phrase is Latin.(

Abovementioned descri#ing soething which has #een re"erred to

#e"ore in the docuent.

Abscond when a person "ails to present theselves #e"ore the

court when re$uired! such as when they have #een

released on #ail and not returned to court.

Absolute coplete and unconditional.

Absolute discharge soeone who has #een convicted o" an o)ence#eing released without any penalty. &'hey ay still

have to pay copensation though.(

Absolute owner the only owner o" property such as e$uipent!



#uildings! land or vehicles.

Absolute privilege a de"ence which can #e used in a case o"

de"aation i" the stateent "ro which the

de"aation arose was:

* ade in Parliaent;

* in "air and accurate news reporting o" court

proceedings; or

* ade during court proceedings.

Abstract of title a docuent! drawn up #y the seller! suarising the

title deeds to a property &such as a house(.

Abuse of process when criinal proceedings are #rought against a

person without there #eing any good reason and with

alice.

Abuttals the parts o" the #oundaries o" a piece o" land which

touch pieces o" land alongside.

Acceptance when an o)er is accepted unconditionally and a

legally #inding agreeent is created.

Acceptance of service when a solicitor accepts a writ on #ehal" o" a client.



Acceptor the organisation &such as a #an%( which will pay the

che$ue or #ill o" e+change it has accepted.

Accessory soeone who encourages or helps another person

to coit a crie.

Accomplice soeone who helps another person to coit a

crie.

Accordingly a word used in legal docuents which eans

there"ore or so.

Accounts the record o" an organisation,s incoe! spending and

nancial situation.



Accumulation

reinvesting incoe generated #y a "und #ac% into the

"und.

Accused

the person charged with a criinal o)ence.

Acknowledgement

aditting that soeone has a clai or aditting that

a de#t e+ists.

Acknowledgement of

when a de"endant agrees that a writ or originating

Service

suons &,clai "or, since April ///( has #een

received. 'he de"endant lls in! signs and sends

#ac% the ac%nowledgeent o" service to conr in

writing that the docuents were received.



Acquit

when a court lets a person go without any penalty. 0"

a court decides that a person is not guilty o" a crie!

or the case has not #een proved! it will ac$uit the

person.

Acquittal

the court,s decision that a person is innocent o" the

crie they were charged with.

Action

using the law to a%e a clai.

Active trust

a trust where the trustees have other responsi#ilities

rather than to 1ust let the #eneciaries have the

trust,s assets when they as% "or the.

Act of bankruptcy

an act which! i" carried out #y a person with de#ts!



could have led to #an%ruptcy proceedings against

that person.

Act of Godan e+tree naturally occurring event &such as an

earth$ua%e! avalanche or 2ood( that could not have

#een anticipated.

Actual bodily harm

hurting another person #ut less severely than would

aount to grievous #odily har.

Actual loss

an insurance ter which eans that the insured ite

no longer e+ists.



Actuary

an e+pert on pension schee assets and lia#ilities!

li"e e+pectancy and pro#a#ilities &the li%elihood o"

things happening( "or insurance purposes. An

actuary wor%s out whether enough oney is #eing

paid into a pension schee to pay the pensions

when they are due.

Actus reus

an act which is illegal! such as the"t. &'his ter is

Latin.(

Additional voluntary

e+tra oney people in occupational pension

contribution (AVC)

schees can pay in to increase their pension



#enets.

Ademption

when a gi"t in a will cannot #e ade #ecause the

ite no longer e+ists.

Ad hoc

"or a particular purpose. 3or e+aple! a coittee

set up to deal with a particular situation is an ad hoc

coittee. &'his ter is Latin.(

Ad idem

in agreeent. &'his ter is Latin.(

Ad innitum

endlessly or "orever. &'his ter is Latin.(

Ad!ourned sine die

when a court case has no date -+ed "or it to continue.

Ad!ournment

postponing a court hearing.

Ad!udge"ad!udicate

to give an o4cial 1udgeent a#out soething. 3or



e+aple! i" soeone cannot pay their de#ts a court

ay ad1udge the #an%rupt.

Ad!udication orderthe "orer nae "or a court order which ade

soeone #an%rupt. 0t has now #een replaced with

the ter #an%ruptcy order.

Administration order

an order ade #y a county court when a person or a

copany cannot pay their de#ts. 5orally the court

orders that the de#ts are repaid #y instalents and as

long as the de#tor %eeps to the order the creditors

cannot do anything else to recover their oney.



Administrator

soeone who has #een appointed:to anage the

a)airs o" a #an%rupt #usiness; or to anage the

estate o" soeone who has died without leaving a

will.

Admissibility of

which evidence can #e presented in court. 6vidence

#vidence

ust #e relevant to the case #ut even soe relevant

evidence cannot #e presented! such as hearsay or

evidence o" little value. 'he 1udge decides whether or

not evidence can #e used in the case.

Admission

one side in a case agreeing that soething the other



side has alleged is true.

Admonition

reprianding o" a de"endant #y a 1udge even though

the case against the de"endant has #een discharged

&dropped(.

Adoption

the syste which people use to #ecoe parents!

even though they are not the child,s natural parents.

Adoptive child

a child who has #een legally adopted.

Adoptive parent

a person who has legally adopted a child.

Ad valorem

in proportion to the value. An ad valore duty goes

up as the value o" the goods! shares and so on that it

is charged on rises. &'his ter is Latin.(

Adverse possession



intentionally occupying land to prevent the right"ul

owner or tenant using it.

Adverse witnessa witness who gives evidence which daages the

case o" the side which as%ed the witness to testi"y "or

the.

Advocate

is:

* the lawyer who spea%s in court "or a client; or

* a 7cottish lawyer who is the e$uivalent o" a

#arrister in 6ngland and 8ales.

A$davit

a written stateent which is sworn to #e true #y the

person signing it. 0t is sworn #e"ore soeone

authorised #y the court.



A$rm to:

* solenly proise to tell the truth in court;

* solenly proise to tell the truth in ana4davit;

* conr a decision ade #y a lower court;

or

* allow a contract to continue even though it

could have #een cancelled #ecause it was

"undaentally #reached.

A$rmation solenly proising to tell the truth when giving

evidence. 0t is an alternative to swearing an oath

when the person giving evidence does not wish to.

A%ray ghting unlaw"ully. 0t is a criinal o)ence.

Aforementioned descri#ing soething re"erred to previously in the

docuent.

Aforesaid descri#ing soething which has #een said or

re"erred to #e"ore in the docuent.



Agency the relationship #etween a principal and an agent.

Agent soeone appointed to act "or a principal.

Age of consent the age when a person can consent to have

se+ual intercourse. 0n the 9K it is .

Aggravated assault a ore serious type o" assault such as one leading

to actual #odily har.

Aggravated burglary entering preises ared with a weapon! intending to

steal goods.

Aggravated damages e+tra daages awarded #ecause the de"endant has

caused the victi anguish! loss o" sel"-respect or

shae.

Aggravated vehicle taking stealing a vehicle! driving it dangerously and as a

result in1uring soeone or daaging property.



Agricultural holding a type o" tenancy agreeent "or soeone doing

agricultural wor%. 'he tenant has special rights

including! when the tenancy nishes! the right to

copensation "or iproveents to the land. 0" the

land has deteriorated the tenant ust copensate

the landlord.

Aiding and abetting helping soeone to coit a crie.

Airspace the space in the atosphere directly a#ove a piece

o" land. 0" you own a piece o" land you also own the

airspace a#ove the land.

Alias a "alse nae.

Alibi a clai that a person was elsewhere when a crie

was coitted. 0" soeone is accused o" a crie

their ali#i is:

evidence that the person was soewhere else

when the crie was coitted; or

* an attept to prove that the person was

soewhere else when the crie was

coitted.



Alien soeone "ro a "oreign country.

Alienation trans"erring the ownership o" property "ro one

person to another.

All and sundry every#ody.

Allegation an unproved stateent declaring that soething has

happened.

Alleviate to lessen or reduce.

Allocation rate the proportion o" oney le"t to #e invested a"ter

charges have #een ta%en o) when oney is paid

into a "und &such as a pension "und(. 3or e+aple! i"

the charges were <! the allocation rate would #e

/=<.

Allotment shares allocated to a #uyer. An allotent o" shares

in a copany gives the owner &o" the allotent( an

unconditional right to #uy the shares at a +ed price.



All that

words used in a conveyance to introduce the

description o" the property which is #eing conveyed.

Alternate director

a person appointed #y a director to ta%e the

director,s place.

Alternative verdict

a person #eing "ound guilty o" a less serious crie

than the one they were charged with. 0" a ore

serious charge has not #een proved and the

de"endant has #een "ound not guilty! the de"endant

ay #e "ound guilty o" a less serious crie instead.

3or e+aple! there ay not #e enough evidence to

convict soeone o" a urder #ut there ay still #e



enough "or a anslaughter conviction. 'his is %nown

as an alternative verdict.

Amalgamation

two or ore copanies co#ining.

Ambiguity

capa#ility o" ore than one eaning. 8hen a

stateent,s eaning is not clear #ecause it is

capa#le o" ore than one eaning! it contains an

a#iguity.

Ambulatory will

a will which can #e revo%ed or changed while the

person who ade it is still living.

Amnesty

not punishing a person "or an o)ence they have

coitted and reoving details o" the o)ence "ro



the court,s records is giving the person an anesty.

Ancient lights

the right not to have the light you receive "ro a

neigh#our,s land #loc%ed.

Annual accounts

the suary o" an organisation,s nancial

transactions during the year covered #y their

accounts! and a ,snapshot, o" the assets and

lia#ilities at the end o" the year.

Annual general

the yearly eeting o" the e#ers o" an

&eeting

organisation which ust #e held to eet legal

conditions. 'he annual accounts are presented "or

approval at this eeting.



Annual return

a return which ust #e sent #y copanies to the

>egistrar o" ?opanies. 6ach year the o4cers o" a

copany have to ll in an annual return with details



o" the e#ers! o4cers! shares issued and other

in"oration a#out the copany. 'he return is then

sent to ?opanies @ouse "or ling and is availa#le

"or inspection #y e#ers o" the pu#lic.

Annuitant the person who gets paid an annuity.

Annuity an aount paid out every year to soeone. 'he

oney usually coes "ro an insurance policy. 0t

can #e split up into saller aounts and #e paid out

ore "re$uently! such as onthly. 0t is usually paid

"or the rest o" the #eneciary,s li"e.

Annul to cancel:

* an invalid arriage; or

* a #an%ruptcy order.

Ante #e"ore. &'his is a Latin word.(

Antecedentsdetails a#out the past o" a de"endant or a person

"ound guilty o" a crie. 'he in"oration a#out

previous cries! #ac%ground and #ad #ehaviour is

given to the court #e"ore the sentence is given.

Antenuptial agreement a legal agreeent #etween two people who are

a#out to get arried. 'he agreeent sets out how

the couple,s assets will #e divided #etween the i"



they later divorce.

Anton 'iller order an order #y the @igh ?ourt. 0t gives the applicant

perission to search the de"endant,s preises "or

evidence! inspect it and ta%e it away. 0t is intended to

prevent evidence #eing destroyed or hidden which

would #e relevant to the case. &7ince April ///! this

has #een %nown as a ,search order,.(

Appeal as%ing a court to overturn a lower court,s decision. 0"

the decision o" a court is disputed it ay #e possi#le

to as% a higher court to consider the case again #y

lodging an appeal.

Appellant the person who is appealing to a court against a

decision o" a lower court.

Appellate !urisdiction the authority a court has to hear an appeal against a

decision ade #y a lower court.



Appertaining to

the person as%ing a court to do soething.

Applicant

Appointee

the person who gets the #enet o" the use o" a

power o" appointent.

Appointor

the person who uses a power o" appointent.

Appurtenances

inor rights in land such as a right to do soething

on the land.

Arbitrage

is:

* #orrowing oney at a low rate o" interest to

lend out again at a higher rate; or

* #uying and selling in di)erent ar%ets to a%e



prots out o" the price di)erences.

Arbitration

settling a dispute #y using a re"eree. 0" a dispute

goes to ar#itration it is settled #y an independent

re"eree. 0t avoids having to use the courts to settle

the dispute.

Arbitrator

the independent re"eree who settles a dispute

without the need to use the courts.

Arraignment

a procedure at the start o" a trial when details o" the

o)ences are read out and the de"endants are as%ed

whether they will plead guilty or not guilty.

Arrest

to seize soeone! usually #ecause they are



suspected o" coitting a crie! and ta%e the into

custody.

Arrestable o%encea crie "or which a person ay #e arrested without a

warrant #eing needed.

Arson

setting re to soething to cause daage to it.

Articles

the clauses in a docuent. A copany,s articles set

out its rules. 'he articles "or part o" the

eorandu and articles o" association.

Articles of association

docuents which set out a copany,s rules.

Assault

when soeone threatens another person with

physical har. 8ords on their own do not aount to



assault #ut threatening gestures do! even i" the

person threatened is not touched.

Assent

a docuent used #y personal representatives to

trans"er property to a #eneciary.

Asset

soething owned such as a #uilding! a vehicle or

oney in the #an%.

Assign

to "orally trans"er soething! such as when

ownership o" property is trans"erred "ro one person

to another.

Assignment

the "oral trans"er o" the rights to soething. An

e+aple would #e a #an% custoer assigning to the



#an% the right to receive the #enets "ro a li"e

insurance policy to give the #an% security "or a loan.

Assurance

insurance cover "or an event which will denitely

happen! such as death.

Assure

to trans"er the ownership o" soething.

Assured

the person whose li"e is insured or who is entitled to

receive the #enet "ro the assurance cover.

Assured shorthold

a type o" tenancy agreeent under which the landlord

enancy

has the right to ta%e the property #ac% at the end o"

the tenancy agreeent.

Attachment of earnings



a court order that deductions #e ade "ro a

person,s earnings. 'he eployer pays the oney

collected to the court and the court pays the oney

to the people it is owed to.

Attest

to sign to witness a signature on a docuent.

Attorney

a person appointed to act "or another person &such

as when soeone cannot loo% a"ter their own

a)airs(. A "oral docuent called a power o"

attorney is used to appoint the attorney. 0t is also

the nae used "or a 97 lawyer.



Attorney General

the chie" legal adviser to the overnent. @e or she

ust #e a e#er o" Parliaent &or have a seat in

the @ouse o" Lords( and ust #e a #arrister.

Audit

an independent e+aination o" an organisation,s

records and nancial stateents &report and

accounts( to a%e sure that:

* the nancial stateents show a "air re2ection

o" the -nancial position at the accounting date;

* the incoe and spending is shown accurately;

* the nancial stateents eet any legal

conditions; and



* the nancial stateents are drawn up clearly.

Auditors report

a report and opinion! #y an independent person or

r! on an organisation,s nancial records.

Authorised share

the highest aount o" share capital that a copany

Capital

can issue. 'he aount is set out in the copany,s

eorandu o" association.

Authorised

investents in which a trustee is peritted to invest

*nvestments

trust oney! under an Act o" Parliaent.

Autopsy

an e+aination o" a dead #ody to nd the cause o"



death.

+

+ailto pay! or proise to pay! an aount o" oney so

that an accused person is not put in prison #e"ore

the trial. 0" the accused person does not appear at

the trial! the court can %eep the oney put up "or

#ail.

+ailee

a person or organisation loo%ing a"ter valua#le ites

to %eep the sa"e "or the owner.

+ail hostel

accoodation "ound "or people charged with

o)ences and released on #ail! #ut who do not have a

peranent address so that the police %now where to



nd the.



+aili% an o4cer o" the court who carries out the court,s

orders! such as ta%ing a de#tor,s goods and selling

the to get oney to pay the de#tor,s de#ts. A #aili)

can also personally deliver &serve( docuents on

people.

+ailiwick the area over which a #aili) has 1urisdiction.

+ailment trans"erring possession o" goods "ro the owner to

soeone else. 'he ownership o" the goods is not

trans"erred. A practical e+aple o" #ailent is that

soeone who hires a television has possession o" it!

#ut the rental copany still owns the television.

+ailor the owner o" valua#le ites which are in the

possession o" another person or organisation "or

sa"e%eeping.

+alance sheet a suary o" an organisation,s nancial position. 0t

lists the values! in the #oo%s o" account on a

particular date! o" all the organisation,s assets and

lia#ilities. 'he assets and lia#ilities are grouped incategories and paint a picture o" the organisation,s

strengths and wea%nesses.

+ankers draft a che$ue drawn #y a #an% on itsel". 0t is used when

there ust #e certainty that a che$ue will #e paid.



+ankrupt soeone who has had a #an%ruptcy order.

+ankruptcy order an order that a court ay issue against soeone i"

they cannot pay their de#ts when they are due to #e

paid. 'his order ta%es ownership o" the de#tor,s

property away "ro the de#tor and allows uch o"

the property to #e sold. 'he oney raised is divided

#etween the creditors "ollowing strict rules.

+ankruptcy search a docuent which says whether or not soeone is

#an%rupt.

+ar the collective ter "or #arristers. 8hen a lawyer

#ecoes a #arrister! it is called ,#eing called to the

#ar,.

+are trust a trust which holds property on #ehal" o" a person

until they as% "or it #ac%.



+are trusteesoeone who holds property on #ehal" o" another

person until as%ed to return the property.

+argain and sale a contract to sell any property or investent in land

that a person owns.

+arrister a lawyer who can spea% in the higher courts! which a

solicitor is not allowed to do.

+artera way o" paying "or things #y e+changing goods

instead o" using oney.

+attery using physical "orce on soeone either intentionally

or carelessly and without their agreeent.

0t would not #e #attery i" two #o+ers too% part in a

#o+ing atch! even though they hurt each other

during the atch! #ecause they would have agreed

to ght each other.

+earer the person who has a docuent in their possession.

+ench the nae "or the 1udges or agistrates in a court.

+ench warrant a warrant issued #y a court "or the arrest o" an

accused person who has "ailed to attend court. 0t is

also issued when soeone has coitted contept



o" court and can,t #e traced.

+enecial interest #elonging to a person even though soeone else is

the legal owner. 0" soething really #elongs to

soeone! even i" that person does not legally own it!

they have a #enecial interest in it. 0"! "or instance!

parents hold an investent on #ehal" o" their child

they are the legal owners! #ut the child is the

#enecial owner o" the investent.

+enecial owner the owner o" a piece o" land &and the #uildings on it(.

Benecial owners have the right:

* to the incoe their land generates; or

* to use the land "or their own purposes.

0t can also #e a person who really owns soething

even though it is held in soeone else,s nae.

+eneciary soeone who #enets "ro a will! a trust or a li"e

insurance policy.

+equeath to leave soething &such as possessions or oney(

to soeone in your will. Cou cannot #e$ueath land

or real property #ut you can devise the instead.



+equest soething given in a will! other than land or real

property.

+igamy the o)ence coitted #y soeone who is alreadyarried #ut still goes through a arriage cereony

with soeone else.

+ill of costs the invoice the solicitor sends to a client giving

details o" any dis#urseents the solicitor has paid on

#ehal" o" the client! the "ee the solicitor is charging

and any e+penses.

+ill of e,change a signed written order! instructing the person it is

addressed to to pay an aount o" oney to

soeone. A che$ue is a type o" #ill o" e+change.

+ill of ladinga docuent recording the goods a ship carries and

the ters the goods are carried under.

+ill of sale a docuent which trans"ers ownership o" goods "ro

one person to another.

+inding e%ect the "act that an agreeent ust #e %ept to #y law.

+inding overan order #y a court in a criinal case. 0" soeone

has is#ehaved or #ro%en the peace! agistrates



can #ind the over. 'he agistrates can order the

to pay a #ond. 'his will #e "or"eited &won,t #e repaid(

i" the #inding over ters are #ro%en.

+inding precedent "ollowing the decisions ade #y higher courts. Lower

courts ust "ollow the precedents set #y the

decisions o" higher courts and this is called #inding

precedent.

+lackmail deanding payent "ro a person in return "or not

revealing soething shae"ul a#out the.

+odily harm physical in1ury or pain.

+ona de genuine! sincere or in good "aith. &'his ter is Latin.(



+ona vacantia

goods or an estate #elonging to no#ody. &'his ter

is Latin.(

+ond

a written proise to repay a de#t at an agreed tie

and to pay an agreed rate o" interest on the de#t.

+onded goods

goods "or which a #ond has #een paid to @

?ustos and 6+cise as security "or the duty owed on

the goods.

+onded warehouse

a warehouse approved #y @ ?ustos and 6+cise

"or storing goods iported into the 9K until the duty

on the has #een paid or the goods have #een

e+ported to another country.



+onus shares

"ree shares that a copany o)ers to its

shareholders! in proportion to their e+isting

shareholdings.

+ook value

the value o" a +ed asset! such as a #uilding or

achine! as recorded in an organisation,s #oo%s. 0t is

usually the aount paid "or the asset less an aount

"or depreciation.

+ought note

a docuent showing details o" a purchase #y

soeone "or a third party. 7toc%#ro%ers produce

#ought notes "or their clients. 'he #ought note shows

details o" the investents the #ro%er has #ought "or



the client! including the price paid and any

coission and duty charged.

+reach of contract"ailing to carry out a duty under a contract.

+reach of duty

"ailing to carry out soething which is re$uired #y

law! or doing soething the law "or#ids.

+reach of the peace

when har is done to soeone! or har is

(or breaking the peace)

threatened.

+reach of trust

when a trustee does soething which is against the

trust,s rules or "ails to do soething re$uired #y the

trust,s rules.

+reak clause

a clause in a contract which allows it to #e ended.



+ridle way

a path or road which is a right o" way "or people

wal%ing and people leading or riding horses. ?yclists

can use it as well #ut ust give way to pedestrians

and horses.

+rief

a docuent prepared #y a solicitor which contains

the instructions "or the #arrister to "ollow when acting

"or the solicitor in court.

+uilding preservation

a notice that a #uilding is listed. 0" a #uilding is in

-otice

danger o" #eing altered or deolished! #ut the local

planning authority thin%s it should #e preserved! the



authority can issue a notice that the #uilding is listed.

+urglary

entering a #uilding without perission with the

intention o" stealing or doing daage.

+ye.law or bylaw

a law ade #y a local authority. 0t only applies within

the local authority,s #oundaries.

C

Call

as%ing people to pay "or new shares they have

applied "or. A copany a%es a call when it as%s

#uyers o" its new shares to pay soe! or all! o" the

share price. 8hen this happens the shares are #eing

called up.

Called.up capital



all the shares called #y a copany when it issues

shares. 8hen calls have #een ade "or the whole o"

the share price and the shareholders have paid! the

shares #ecoe paid-up share capital.

Canon law

the nae "or the rules used "or running a ?hristian

church.

Capacity

soeone,s a#ility to enter into a legal agreeent. 3or

e+aple! a inor would not #e a#le to #uy

soething on credit.

Capital allowances

allowances that you can soeties clai when you

#uy long-ter assets! such as achines! to use in

your #usiness. Cou clai part o" the cost against



your prots #e"ore your ta+ is wor%ed out "or the

year.



Capital gain

the pro-t you a%e i" you sell or dispose o" a longter

asset &such as a #uilding( "or ore than it cost

you.

Capital gains ta,

a ta+ charged on certain capital gains.

Capital punishment

punishing soeone "or a crie #y %illing the.

Capital redemption

A copany has to have this reserve in its nancial

reserve

records and in its accounts i" any o" the shares it has

issued are cancelled. 'he reserve cannot #e paid out

to the e#ers until the copany is li$uidated and so

it prevents the copany,s capital #eing reduced.



Careless driving

driving a car without consideration "or other people

using the road.

Care order

an order #y a court instructing the local authority to

care "or a child.

Cartel

an agreeent #etween #usinesses to restrict

copetition and %eep prices high.

Case law

law that is #ased on the results o" previous court

cases.

Case stated

the written stateent setting out the "acts o" a case.

0t is produced #y a agistrates, court when as%ing

the @igh ?ourt "or an opinion on the law.

Causation



Causing death by

a criinal o)ence coitted #y soeone whose

dangerous driving

driving is dangerous and results in another person

#eing %illed. 'he courts consider dangerous driving

to #e a very serious o)ence.

Caution

is:

* a warning given #y the police to a suspected

criinal when the suspect is arrested;

* a warning given #y the police when they

release a suspect without prosecution that! i"

there are any ore o)ences coitted #y the



suspect! the rst possi#le o)ence ay #e

ta%en into account; or

* a docuent sent to the Land >egistry #y

soeone who ay have a right over land!

which deands that no dealings in the land are

registered until the person with the right has

#een told.

Caveat

a warning. &'his is a Latin ter.(

Caveat emptor

,#uyer #eware,. 0t is used to warn people #uying

goods that they ay not #e a#le to get copensation

i" the goods they #uy are "aulty. &'his is a Latin ter.(

Central Criminal Court



the ost senior court covering the centre o" London.

Certicate of

a certicate stating that a copany has #een

*ncorporation

incorporated &that is! it has a separate e+istence "ro

its e#ers(. 'he >egistrar o" ?opanies issues

the certicate o" incorporation once a copany has

#een "ored.

Certicate of origin

a certicate stating in which country the goods #eing

iported were ade.

Certiorari

an order #y the @igh ?ourt that a case should #e

reviewed. 0" the @igh ?ourt considers that a case

heard in a lower court is 2awed it ay order that it #e



reviewed #y the @igh ?ourt. &'his word is Latin.(

Challenge for cause

when the de"ence o#1ects to a 1uror and says why it

o#1ects.



Challenge to a !ury

when either side in a case o#1ects to the people who

have #een selected to serve on the 1ury #e"ore they

are sworn in.

Challenge to the array

when the de"ence o#1ects to all the 1urors.

Challenge without

happens when the de"ence o#1ects to a 1uror #ut

Cause

does not say why.

Chambers

the o4ces used #y #arristers and the 1udge,s private

o4ce.

Chancery /ivision

a section o" the @igh ?ourt. 0t deals with cases

involving trusts! land! copany law! patents and so



on.

Charge

eans:

* to "orally accuse soeone o" coitting a

crie;

* to use property as security "or a de#t &such as

a ortgage(; or

* a direction given #y a 1udge to tell the 1ury what

they ust do.

Chargeable event

an event that ay create a ta+ lia#ility &ta+ #ill(.

Chargeable gain

a gain on which capital gains ta+ is paya#le. 0" a

capital asset such as a #uilding is sold or disposed o"



at a prot! ta+ on the gain has to #e wor%ed out

unless the capital asset is one e+epted #y law.

Charge certicatea certicate which the Land >egistry issues to the

legal ortgagee &the lender( who has lent oney on

the security o" registered land. 0t is proo" o" the legal

ortgagee,s right to the security.

Charges clause

a clause which appears in soe contracts and sets

out who should pay "or certain ites.

Charge sheet

the docuent on which a police o4cer records

details o" the accusation against a suspect.

Charges register

part o" the certicate which is evidence o" soeone,s

title. 'he register shows details o" any ortgages!



restrictions on the use o" the land or rights soeone

else ay have over the land such as a right o" way.

Charging clause trustees can charge the trust "or their services i"

there is a charging clause.

Charging order a court 1udgeent which a creditor ay get against

the person or organisation which owes the oney!

giving the creditor security over the de#tor,s property

"or repayent o" the de#t.

Charity an organisation set up to do good "or the counity!

such as help poor people! educate people and

protect anials. ost charities are registered with the

?harity ?oission.

Charity Commission an organisation responsi#le "or chec%ing that

charities are run properly. 0t also decides whether

proposed charities can #e placed on the register o"

charities.

Chattel any property e+cept "reehold land.

Chattels personal the nae "or tangi#le goods &goods which can #e

touched( such as watches! clothes! "urniture and so

on.



Chattels real another nae "or leasehold land.

Cheat a person who "ails to send ta+ returns to the ta+

authorities or "ails to pay the ta+ owing! such as

incoe ta+ or value added ta+.

Cheque a written order! addressed to a #an%! instructing the

#an% to pay an aount o" oney to the person or

organisation naed on the che$ue. 'he #an% ta%es

the oney out o" the relevant custoer,s account.

Cheque carda card issued #y a #an% to a custoer. 0t guarantees

that a che$ue used with the card will #e paid i" the

person issuing the che$ue has %ept to all the

conditions.

Chief rent oney charged regularly on "reehold land. Despite

its nae it is not rent.

Child abuse olestation or ill-treatent su)ered #y a child.



Child assessment

an order which a local authority ay apply to a court

0rder

"or to assess a child,s situation i" there are concerns

a#out the child,s wel"are.

Children in care

children loo%ed a"ter #y a local authority. 'he local

authority ta%es on the responsi#ility "or the children

as i" it was a parent.

Child Support Agency

part o" the Departent o" 7ocial 7ecurity. 0t

supervises the assessent and payent o"

Child Support

aintenance "or children.

the aount o" aintenance the parent not living with



&aintenance

their child ust pay.

Chose

an ite o" property &anything which can #e owned(.

Chose in action

a right such as a patent! or a right to recover a de#t. A

chose in action does not physically e+ist. 3or

e+aple! you cannot touch patents or rights #ecause

they have no physical e+istence.

Chose in possession

an o#1ect which physically e+ists! such as "urniture.

Circuit

any o" the si+ legal regions into which the 9nited

Kingdo is divided up. 6ach circuit has its own

syste to adinister the courts within the circuit.



Circuit !udge

a 1udge who presides over &is in charge o"( cases in

the ?rown ?ourt and county courts.

Circumstantial

evidence which suggests a "act #ut does not prove

evidence

the "act is true.

Citation is:

a suons to appear in court;

$uoting "ro a copleted case to support an arguent; or

a notice sent out #y soeone wanting grant o" pro#ate or letters o" adinistration! as%ing people to coe

"orward i" they o#1ect to it.



Citi1ens arrest an arrest #y soeone who is not a police o4cer. 'he

o)ence ust #e #eing coitted or have already

#een coitted when the arrest is done.

Civil court a court which does not hear criinal cases. 0t deals

with people,s rights such as collection o" de#ts.

Claim eans:

* to apply "or a right;

* to deand a reedy; or

* an application "or soething such as a right.

Claimant the person a%ing a clai.

Clause a section in a contract.

Clearing bank one o" several a1or #an%s which wor% together to

e+change and pay "or che$ues which their

custoers have written.

Clerk to the 2ustices a solicitor or #arrister who helps in court #y advising

the agistrates.

Close company a copany controlled #y ve people or "ewer! or #y



its directors.

Closing order an order prohi#iting the use o" a house #ecause the

house is not t "or huans to live in.

Codicil e+tra pages to change a valid will which needs a

inor alteration. 'he codicil ust #e signed and

witnessed and then #e attached to the will.

Codifying statute a statute used to #ring together all the strands o" the

law on a particular su#1ect.

Coercion a de"ence that a crie was coitted #ecause the

person accused was "orced to do it.

Collateral e+tra security "or a de#t. 0" there is a ain security "or

a de#t! such as a house #eing security "or a

ortgage! any e+tra security supplied is called

collateral.



Commissioner for

a person appointed #y the Lord ?hancellor to

0aths

adinister &anage( the swearing o" oaths.

Committal for sentence

happens when agistrates have "ound soeone

guilty o" a crie #ut they thin% their sentencing

powers are not enough. 'he agistrates trans"er the

case to the ?rown ?ourt where a higher sentence

can #e iposed.

Committal for trial

when agistrates loo% at the evidence in a case and

then send the case to #e heard in the ?rown ?ourt.

Committal order

an order used to send soeone to prison "or



contept o" court.

Committal proceedings

a hearing where agistrates wor% out i" there is

enough evidence o" a serious crie to 1usti"y a trial

#y 1ury.

Committee of

a coittee appointed "ro the creditors o" a

*nspection

copany in li$uidation to oversee the li$uidator,s

wor%.

Common assault

when soeone threatens another person with

physical har! even i" they are not touched. 'his is a

less serious type o" assault &copare with



aggravated assault(. 'hreatening soeone with a

weapon such as a %ni"e or gun is coon assault.

Common duty of care

the duty o" the occupier o" preises or land to ta%e

reasona#le care o" visitors to a%e sure that they are

%ept sa"e.

Common seal

the seal copanies use to authenticate &validate(

iportant copany docuents. 'he copany,s

nae is engraved on the seal.

Commorientes

closely related people who die at the sae tie! and

it is unclear which o" the died rst. &'his ter is

Latin.(

Community service



an order to do wor% in the counity without pay. 0"

order

soeone has #een convicted o" a crie they ay #e

given a counity service order as an alternative to

#eing sent to prison.



Companies 3ouse

the o4ce which stores copany in"oration such as

annual accounts! directors, naes and addresses and

the registered o4ce address. People who are

interested in a copany can inspect soe o" the

in"oration stored.

Company secretary

a person appointed #y the directors o" a copany

who is responsi#le "or a%ing sure that the copany

coplies with the ?opanies Acts.

Compensation

oney paid to a%e up "or daage or loss caused.

Compensation for loss

lup-su copensation a copany pays to an

of o$ce



eployee whose contract has #een ended.

Compensation order

an order #y a court to a criinal to copensate the

victi o" the crie.

Completion

trans"erring property in e+change "or payent. 8hen

there is a contract to sell land! there will #e an initial

payent to conr the contract. ?opletion

happens when the ownership o" the land is

trans"erred to the person #uying it! in return "or the

Composition with

seller receiving the rest o" the purchase price.

an arrangeent #etween a de#tor and the creditors.

Creditors



'he creditors agree to accept a proportion o" what is

owed to the in "ull settleent.

Compulsory purchaseta%ing land and giving copensation "or it. 8hen land

is needed "or a pro1ect! such as a road! local

authorities and other pu#lic #odies can ta%e the land

o) the landowner. ?opensation has to #e paid to

the landowner.

Compulsory winding

the li$uidation o" a copany #y order o" the court. 0t

up

usually happens #ecause the copany has not #een

a#le to pay its #ills on tie and a creditor has

presented to the court a petition "or winding up the



copany.

Concealment

"ailure #y one side negotiating a contract to disclose

&reveal( in"oration which the other side would need

to consider when deciding whether or not to go

ahead.



the agreeent will not start to operate.

Conditional discharge

A court ay decide not to punish a criinal

iediately "or an o)ence and ay conditionally

discharge the criinal instead. 0" the criinal

reo)ends the court ay ipose a punishent "or the

original o)ence as well as the later ones.

Conditional sale

an agreeent #y which the seller reains the owner

agreement

o" the goods until all the instalents have #een paid

and all other conditions have #een et.

Condition precedent

soething which ust happen #e"ore a contract

starts.

Condition subsequent



soething which ay happen in the "uture and! i" it

does! will a)ect a contract.

Conscation order0" soeone has #een convicted o" a crie the court

ay order the person convicted to pay the court a

su o" oney. 'his is called a conscation order.

Consecutive sentence

when soeone is sentenced "or di)erent cries and

the sentences have to #e served one a"ter another.



Consent

to agree to soething. A contract would not #e valid

unless all the parties consented to it.

Consideration

the price you pay "or soething.

Consignee

the person goods have #een sent to.

Consignor

the person who sent the goods.

Consistory Court

a court "or the clergy. 'here is one in each diocese.

Conspiracy

is:

* an agreeent #y two or ore people to coit

* a crie; or

* soe people acting together and haring a

third party.



Contingency fee

the claiant,s lawyer gets paid the "ee only i" the

case is won #y the claiant. 'he "ee is o"ten a

proportion o" the daages won.

Contingent legacy

a gi"t in a will which will only #e ade i" certain

conditions are et.

Contract

an agreeent #etween two or ore people &or

groups( to do &or not to do( soething. 'he

agreeent can #e en"orced #y law.

Contract for services

a contract under which aterials and services are

provided #y a contractor.

Contract of e,change

a contract to e+change goods without oney #eing



* acting unlaw"ully to deprive soeone o" their

ownership o" goods.

Convey

to trans"er the ownership o" soething.

Conveyance

the nae o" the docuent which trans"ers the

ownership o" land.

Conveyancing

the nae "or carrying out all the actions needed to

trans"er the ownership o" a piece o" land.

Conviction

#eing "ound guilty o" a criinal o)ence.

Copyright

a legal right which stops things #eing copied without

perission. 0" you have the copyright over soething



&such as a #oo% or usic(! no#ody can copy it or

reproduce it without your perission.

Coroner

a person who investigates the cause o" death when

a person has su)ered a sudden! violent or

suspicious death.

Corporate body(or

a group o" people acting together! such as a clu#.

corporation)

'he group has a separate legal identity "ro the

individual e#ers, identities. A copany is another

e+aple o" a corporate #ody.

Corporation ta,

a ta+ which copanies pay on their prots.



Corpus

the nae "or a #ody &usually dead(. &'his word is

Latin.(

Corpus delicti

is:

* the #ody o" a person who has #een %illed

unlaw"ully; or

* the "acts which a%e up an o)ence.&'his

phrase is Latin.(

Counsel

a #arrister or group o" #arristers.

Counterclaim

a%ing a clai in court against soeone who has

already ade a clai in court against you.

Counterfeit

soething that is "orged or copied with the intention



Criminal damage

the criinal o)ence o" causing daage to soeone

else,s property either rec%lessly or intentionally.

Criminal responsibility

8hen soeone reaches the age when the law says

they are a#le to coit a criinal o)ence they have

reached the age o" criinal responsi#ility.

Cross.e,amine

to $uestion a witness "or the other side in a case.

Crown Court

the court where people indicted o" criinal o)ences

are tried.

Culpa

#laeworthiness or a "ault. &'his word is Latin.(

Cum dividend

with dividend. 0" a share is sold cu dividend! the

#uyer will receive the dividend that was declared 1ust



/

/amages the nae "or oney awarded #y a court as

copensation.

/angerous driving a standard o" driving which "alls "ar #elow that o" a

care"ul! copetent driver and it would #e o#vious to

such a driver that it was dangerous to drive that way.

A driver "ound guilty o" dangerous driving would #e

dis$ualied "ro driving #y the court.

/ebenture a docuent issued #y a copany which

ac%nowledges that soe or all o" the copany,s

assets are security "or a de#t &usually to a #an%(. 0t is

also the nae "or certain long-ter loans to

copanies.

/ebt oney owed.

/ebtor soeone who owes you oney.

/ebt securities de#ts which can #e #ought and sold! such as

de#entures.

/eceit when one person deli#erately isleads a second

person with a stateent which causes the second



person to do soething that causes the daage.

/ecree an order #y a court.

/ecree absolute the nal court order which ends a arriage.

/ecree nisi a provisional court order which orders that a

arriage should #e dissolved.

/eed a legal docuent which coits the person signing

it to soething.

/eed of arrangement a written agreeent which can #e ade! when a

de#tor is in nancial trou#le! #etween the de#tor and

the creditors. 0t is intended to #enet the creditors

and avoid the #an%ruptcy o" the de#tor. 'he creditors

get a proportion o" the oney owing to the.

/e facto in "act or in reality. &'his ter is Latin.(



/e minimis non curat

the law will not ta%e account o" tri2ing atters. &'his

le,

phrase is Latin.(

/ependant

soeone who depends on soeone else "or

nancial support.

/eponent

a person who swears on oath that a stateent is

correct.

/eposition

a stateent! #y a witness! ade under oath.

/epreciation

the drop in value o" an asset due to wear and tear!

age and o#solescence &going out o" date(! as

recorded in an organisation,s nancial records.

/erogation



/iocese the area covered #y a #ishop,s authority.

/iplomatic immunity iunity given to certain e#ers o" "oreign

e#assies! such as a#assadors! "or cries they

ay have coitted.

/irection"directing 1udges ust give 1uries instructions on points o" law.

'his is called directing the 1ury.

/irector a person appointed to help anage a copany,s

a)airs.

/isbursement a payent ade #y a pro"essional person! such as a

solicitor or accountant! on #ehal" o" a client. 'he

oney is claied #ac% #y including it on the #ill "or

pro"essional services which is sent to the client.

/ischarge release "ro:

* a coitent such as a de#t;

* a contract #ecause it has nished or the parties

agree to end it; or

* a punishent "or a crie.

*



/isclaim"disclaimer to give up a clai or a right or re"use to ta%e over an

onerous &having ore o#ligations than advantages(

contract. A disclaier can also #e a notice to liit

responsi#ility.

/iscovery one party in a civil case revealing to the other party

the docuents relevant to the case under the rst

party,s control and allowing the to #e inspected.

/iscretionary trusta trust in which the trustees can decide who will

#enet "ro the trust and how uch they will get.

/isposal (dispose of) selling! trans"erring or giving away soething.

/istrain"distress to seize goods as security "or an unpaid de#t.

/ivorce the legal end to a arriage.

/ivorce petition an application "or the legal ending o" a arriage.

/omicile the country where your peranent hoe is! even i"



you are living soewhere else "or now.

/omiciled peranently #ased in a country.

/omicile of choice the country in which you a%e your hoe! intending

it to #e peranent.

/omicile of origin the doicile a new#orn child has. 'his is usually its

"ather,s doicile or! i" the "ather is dead! its other,s.

/rawee the organisation which will pay a #ill o" e+change

&such as a che$ue(. 0n the case o" a che$ue! this is

the #an% that the che$ue is drawn on.

/rawer the person or organisation that has written a #ill o"

e+change! such as a person who has written a

che$ue.

/uress threatening or pressurising soeone to do

soething.

/uty a levy charged #y the overnent! usually when

things are #ought! such as shares or #uildings.

#

#asement a right to use soeone else,s land! such as a right o"



way.

#nabling legislation legislation which authorises governent inisters or

#odies to create detailed rules to accoplish general

principles set out in the legislation. 3or e+aple it

ay allow a inister to create rules or laws "or a

particular #ody! such as the police! to "ollow.

#ndorsement a change to the original ters o" a contract! such as

an insurance policy.

#ndowment policy a type o" insurance policy which will pay out a lup

su on a +ed date in the "uture! or when you die i"

this happens earlier.



* the right to use land "or a period o" tie.



#stimate an o)er to do stated wor% "or a set price.

#stoppel a rule o" law that a person cannot deny soething

they previously said! i" soeone else acted on what

was said and their position was changed! possi#ly "or

the worse! as a result.

#t seq ,and in the "ollowing pages,. 0t is soeties written in

#oo%s and docuents. &'his phrase is a##reviated

"ro the Latin ,et se$ueus,.(

#uthanasia %illing soeone to end their su)ering.

#,cess of !urisdiction soeone such as a 1udge acting without authority.

#,change of contract swapping identical contracts. 8hen land is sold! the

person selling and the person #uying #oth sign

identical copies o" the contract and e+change the.

'he contract is then #inding on #oth o" the.

#,cise duty a type o" ta+ levied on certain goods such as petrol. 0t

is also levied on soe activities such as ga#ling

and on certain licences "or activities &such as driving

a car on the pu#lic roads(.

#,clusions the things an insurance policy does not provide



according to the wishes set out in the will.

#,emplary damages

daages given as a punishent "or the de"endant.

#, gratia

descri#ing soething done or given as a "avour

rather than a legal o#ligation. &'his ter is Latin.(

#, parte

done #y one side only in a case. &'his ter is Latin.

7ince April ///! it is o"ten replaced with ,without

notice,.(

#,pert witness

an e+pert in a particular eld who is called to give an

opinion in a court case.

#, post facto

descri#ing a law which is retrospective &it a)ects past

acts as well as "uture ones(. &'his ter is Latin.(



#,tradition

the handing over o" a criinal to the country the

crie was coitted in.

#,traordinary general

a general eeting o" the e#ers o" a copany

&eeting

which is not the annual general eeting.

#,traordinary

a resolution "or consideration #y the e#ers o" a

;esolution

copany at a general eeting o" the e#ers.

#, works

availa#le "ro the "actory. 8hen soething is sold

e+ wor%s the #uyer can collect it "ro the place it

was anu"actured or "ro soe other place agreed

<



#y the #uyer and seller.

<actor

is:

* soeone #uying or selling "or a coission; or

* an organisation which provides nance "or a

#usiness #y advancing oney on the value o"

the invoices the #usiness sends out.



copany "or the shareholders, #enet.

<inal !udgement the court,s nal decision in a civil case.

<itness to plead whether or not the person charged is capa#le o" a%ing an in"ored decision. 0"! #ecause o" ental

illness! a person charged with an o)ence is una#le to

understand what is going on the person ay not #e

t to plead guilty or not guilty.

<i,ed charge a charge which provides security "or oney lent. 'he

charge is over a specic property.

<loating charge a charge used to provide security "or oney lent to a

copany. 'he charge is over the copany,s li$uid

assets &such as stoc%s and de#tors( #ut it is only

triggered #y an event such as li$uidation.

<orbearancewhen one party to an agreeent does not pursue

rights under the agreeent even though the other

party has not %ept to its ters. An e+aple would #e

soeone not suing to recover an overdue de#t.



satised with everything! issues the grant o" pro#ate.

Grievous bodily harm intentionally causing serious physical har to

soeone. 'his is ore serious than actual #odily

har.

Guarantee a proise #y a person &the guarantor( to repay a

de#t owed #y a second person i" the second person

"ails to repay it. 3or e+aple! a guarantee is

soeties re$uired #y a #an% #e"ore it will lend

oney to a custoer.

Guarantee company a copany whose e#ers only have to pay the

aount they have agreed to contri#ute! i" the

copany has to #e wound up. 'hey do not have to

pay in e+tra oney i" there is not enough to pay all

the copany,s de#ts.

Guarantor a person or organisation that proises to pay a de#t

owed #y a second person! i" the second person "ails

to repay it.

Guardian a person appointed "orally to loo% a"ter the

interests o" a child! or o" soeone who is not

capa#le o" loo%ing a"ter their own a)airs.



use! violence! or inter"ering with the tenant,s

en1oyent o" the property! in an attept to

repossess the

property.

3earsay evidence

evidence given in court o" soething said to the

witness #y another person.

3ereditament

any property which is capa#le o" #eing inherited.

3igh Court (of 2ustice)

part o" the 7upree ?ourt. 0t is split into three

divisions called:

*

Hueen,s Bench Division;

*

?hancery Division; and



#een replaced with the phrase ,Judgent "or an

aount and costs to #e decided #y the court,(.

*nterlocutory

the rst things to #e done #e"ore a civil case coes

'roceedings

to trial. 'hey include pleading &preparing the "oral

written stateent( and discovery &stating the

docuents! under one party,s control! which are

relevant to the case and a%ing the availa#le to

the other party( so that there are no surprises when

the trial starts.

*nterrogatories

in a civil case! "oral $uestions "ro one side which



*ntestacy"intestate

when soeone dies without leaving a will. 'heir

estate is divided up #etween their relatives "ollowing

the rules set #y law.

*ntimidation

threatening or "rightening soeone into doing

soething.

*nvoluntary manslaughter

Death caused #y a person who thought they ight

cause physical #ut not "atal har and there was no

law"ul e+cuse.

*ssue

the legal word "or:

* children; or

* the atter to #e decided #y a court action.



*ssued share capital

share capital which has #een allocated to

shareholders who have su#scri#ed "or &as%ed "or(

2

shares.

2oint and several

two or ore people responsi#le "or repaying a de#t.

liability

'hey are each responsi#le individually to repay all

the de#t as well as #eing responsi#le as a group.

2oint lives policy

a li"e assurance policy on ore than one person,s

li"e. 'he policy pays out on the rst death.

2oint tenancy

two or ore people having identical shares in land.

2oint will



British Ary and the >oyal Air 3orce.

2udge Advocate

Generals



de#tor has "ailed to pay the 1udgeent de#t.

2udicial discretion

a degree o" 2e+i#ility a#out the way courts do things.

2udicial immunity

iunity that a 1udge norally has "ro #eing sued

"or daages when acting as a 1udge.

2udicial precedent

Lower courts have to "ollow the decisions o" higher

courts. 'his is called 1udicial precedent! #inding

precedent or precedent.

2udicial separation

a court order that two arried people should live

apart.

2unior barrister

a #arrister who is not a Hueen,s ?ounsel.



2ustice of the 'eace

a person appointed #y the ?rown to act as a

(2')

agistrate.

2ustication

claiing that a de"aatory stateent is true. 0n a

de"aation case a de"endant ay adit that the

claiant &,plainti), #e"ore April ///(,s allegations are

true #ut plead that the stateent which de"aed was

true.

2ustifying bail

proving to the court that the person giving the surety

has the assets to pay the #ail.

2uvenile o%ender

a person aged #etween G and who has



=

coitted a criinal o)ence.

=erb crawling

the o)ence coitted in a street or pu#lic place #y a

an in a otor vehicle &or near a vehicle he has 1ust

got out o"( who approaches a woan "or se+ual

services in return "or oney.

=idnap

to ta%e soeone away #y "orce against their will.

=nock for knock

an agreeent #etween insurance copanies that

they will pay "or their own policyholders, losses

regardless o" who was to #lae.

=now.how

the e+pertise in an organisation which ay #e



protected #y a patent.



5

5and includes:

* the #uildings #uilt on the land;

* the su#soil;

* the airspace a#ove the land necessary "or

ordinary use o" the land; and

* property +ed to the land.

5asting powers of attorney

&in 6ngland and 8ales( 'here are two types o" lasting powers o" attorney

&LPA(:

* health and wel"are; and

* property and nancial a)airs.

0" a person is capa#le o" dealing with their own a)airs at

present they can a%e either or #oth types o" LPA.

A nance LPA can #e used as soon as the I4ce "or the

Pu#lic uardian has registered it. But! a health and

wel"are LPA can only #e used when the person can no

longer loo% a"ter their own a)airs.



A lasting power o" attorney gives another person

authority to act on your #ehal".

5awsuit a clai ade in a court o" law.

5eading question a $uestion which:

* suggests the answer to #e given; or

* assues things to #e true which in "act are

disputed.

5ease a contract #etween the owner o" a property and a

tenant! giving the tenant sole use o" the property "or

an agreed tie.

5easehold property held #y a tenant with a lease.

5egacy a gi"t le"t to soeone in a will! #ut not including land.

5egal aid scheme a schee "or paying legal costs out o" pu#lic "unds

"or people who cannot a)ord to pay "or the.

5egatee the person who receives a legacy.

5essee the person a property has #een leased to.

5essor the person who lets a property #y lease.



5etter of credit

a letter one #an% sends to a second #an% as%ing

the to pay oney to a naed person.

5etters of administration

an authority the courts give to a person to deal with a

dead person,s estate. 0t is given when soeone dies

intestate.

5iabilities

the de#ts that a person or organisation owes.

5iability

a de#t or o#ligation.

5ibel

a "alse stateent ade in writing or in soe other

peranent record &such as a l(.

5icence

an authority to do soething.

5icensed conveyancer

a person authorised to do conveyancing &#ut not



policy.

5ife imprisonment

a sentence given to a criinal to #e iprisoned "or

the rest o" their li"e &though the @oe 7ecretary ay

release the early on parole(.

5ife interest

an interest which will pass to soeone else when the

present owner dies.

5ife tenant

soeone entitled to use property "or the rest o" their

li"e.



5imited company

a copany which liits how uch its e#ers will

have to pay i" the copany is wound up. 'he

e#ers o" ost liited copanies will only have to

pay any oney unpaid on their shares. 0" a copany

liited #y guarantee is wound up! the oney its

e#ers have to pay is liited to the aount shown

in the eorandu o" association.

5iquidated damages

daages agreed #e"orehand #y the parties to a

contract in case one o" the should later #rea% the

ters o" the contract.

5iquidation

the process o" winding up a copany #y disposing o"



its assets! paying its creditors in a strict order o" priority

and distri#uting any oney le"t aong the e#ers.

5iquidator

the person appointed to wind up a copany.

5itigant

a person involved in a lawsuit.

5itigation

ta%ing legal action through the courts.

5oan capital

oney #orrowed #y an organisation.

5oan creditor

a person or organisation which has lent oney to an

&

organisation.

&agistrate

a Justice o" the Peace who presides over &is in

charge o"( inor cases heard in the agistrates,



court.

&agistrates court

the lowest court. 'he things it deals with include

inor criinal cases! ost criinal cases involving

G- to -year-olds! issuing alcoholic drin% licences

and hearing child wel"are cases.

&aintenance

oney paid &and things paid "or( to support a partner

&hus#and or wi"e( and children when a arriage has

"ailed.

&a!ority

the age when a person gains "ull legal rights and

responsi#ilities. 0n the 9K it is when a person

#ecoes = years old.

&ale issue

ale descendants &sons only( o" en.



&alfeasance

an unlaw"ul act.



&alice intending to do soething which is against the law.

&alice aforethought planning to %ill soeone or intending to do

soething which is li%ely to %ill.

&alicious falsehood a written or spo%en lie told to har soe#ody and

which does do har.

&alicious prosecution a prosecution which is #rought unreasona#ly.

&andate an authority to act given #y one party to another. An

e+aple is when a #an%,s custoer writes

instructions on the andate "or the #an% to "ollow

when operating the custoer,s account.

&anslaughter %illing soeone illegally #ut #y accident. &7ee also

*nvoluntary manslaughter and Voluntary

manslaughter

&arket overt a law"ul ar%et in which! as long as soeone #uying

goods is not aware that they do not #elong to the

seller! the #uyer will get a good title to the goods.

&artial law governent o" a country #y the ilitary.

&aster of the ;olls the person in charge o":



* the ?ivil Division o" the Appeal ?ourt; and

* aditting solicitors to the roll o" solicitors in

practice.

&aterial facts "acts which are a %ey part o" a de"ence or a clai.

&atricide the %illing o" a other #y her son or daughter.

&atrimonial causes the court proceedings:

* to divorce people;

* to separate a arried couple; or

* to dissolve a arriage.

&atrimonial home the house that a hus#and and wi"e live in as a

arried couple.

&ediation help "ro an independent person &a ediator( to solve

di)erences #etween a hus#and and wi"e whose

arriage has #ro%en down. 'he ediator helps the

to agree what should #e done a#out their children!

oney and so on.



&emorandum and

'he eorandu gives details o" a copany,s

articles of association

nae! o#1ects &purposes( and share capital. 0t also

sets out the liits o" the shareholders, lia#ility i"

thecopany has to #e wound up. 'he articles set out

the e#ers, rights and the directors, powers.

&ens rea

the intent to coit a crie and also the %nowledge

that an act is wrong. &'his ter is Latin.(

&ercantile law

the #ranch o" the law dealing with coerce.

&erchantable quality

the assuption in the law that goods sold #y a

#usiness will #e t "or their purpose.



&esne prots

incoe lost #y a landlord #ecause the property is

occupied without the landlord,s perission. An

e+aple would #e a tenant "ailing to leave the

property when the tenancy nished.

0t is also the prots lost #y a landowner when

wrongly deprived o" the use o" his or her land.

&essuage

a house together with its land and out#uildings.

&inor

soeone who has not yet reached the age when

they get "ull legal rights and responsi#ilities. 0n the

9K this is a person under = years old.

&inority

#eing under the age o" "ull legal rights and



responsi#ilities.

&inutes

a record o" the eetings held #y e#ers and

directors o" copanies.

&isadventure

an une+pected accident which happens while

law"ully doing soething.

&iscarriage of !ustice

the court syste "ailing to give 1ustice to soeone.

&isconduct

deli#erately doing soething which is against the law

or which is wrong.

&isdirection

a 1udge instructing a 1ury wrongly.

&isfeasance

when:

* soething is done #adly even though it is still

legal; or



* a copany o4cer does soething which is a

#reach o" trust or a #reach o" duty.

&isrepresentation

a lie told to persuade soeone to enter into a contract.



&istrial a trial that has #een ade invalid.

&itigation putting "acts to a 1udge! a"ter soeone has #een

"ound guilty! to 1usti"y a lower sentence.

&olest"&olestation #ehaviour #y a person which annoys or greatly

trou#les their children or spouse. 'he #ehaviour can

include violence! ver#al threats and written threats.

&oney laundering a%ing oney "ro crie and then passing it

through a #usiness to a%e it appear legitiate.

&oratorium an agreeent not to ta%e action to recover a de#t "or

an agreed period o" tie.

&ortgage using property as security "or a de#t. 0t is also the

nae "or the contract which is signed #y the

#orrower and lender when oney is lent using

property as security "or a loan.

&ortgagee the lender o" the oney which is secured #y a

ortgage.

&ortgagor the person who #orrows the oney to #uy a property.

'he lending is secured with a ortgage o" the



property.

&otive a reason "or a person doing soething.

&uniments docuents which are evidence o" a right to

soething.

-

-aked trust a trust which holds property "or a person until they

as% the trustee to return it.

-aturalisation giving a citizen o" one country citizenship o" another.

-egligence lac% o" proper care to do a duty properly.

-egligent lac%ing proper care to do a duty properly.

-egotiable instrument a docuent which:

* is signed;

* is an instruction to pay an aount o" oney;

* can have its ownership changed #y changing

* the nae it is paid to; and

* can have its ownership changed siply #y #eing



delivered to its ne+t owner.

-e,t of kin a person,s closest #lood relatives.

-ondisclosure the "ailure #y one side to a contract to disclose&reveal( a "act to the other side that would in2uence

their decision to go ahead with the contract.

-on.e,clusive licence an agreeent giving soeone the right to use

soething #ut which does not prevent other people

#eing given siilar agreeents.

-otary a person &usually a solicitor( who is authorised to

certi"y docuents! ta%e a4davits and swear oaths.

-ot guilty a court,s verdict that the person charged with a crie

did not coit it. 8hen criinal court cases start the

de"endants are as%ed "or their pleas. 0" they want to

deny they coitted the o)ence they plead not guilty.

0" a court,s verdict is that the prosecution has not

proved the de"endant coitted a crie! the

de"endant has #een "ound not guilty.

-otice a warning o" soething which is a#out to happen.

-otice to quit a notice to end a tenancy on a stated date. 0t is

usually sent #y the landlord to the tenant although



the tenant can also send one to the landlord.

-ot negotiable cannot #e trans"erred. 0" a #ill o" e+change is ar%ed

not negotia#le it cannot #e trans"erred to soeone

else.

-ovation replacing an e+isting agreeent with a new one.

-uisance doing soething that hars other people,s rights.

0

0ath swearing the truth o" a stateent.

0b!ects clause a clause which "ors part o" a copany,s

eorandu o" association 0t sets out the purposes

the copany was "ored "or.

0bligation a legal duty to do soething.

0bligee soeone who! under a contract! receives oney or

has soething done.



0bligor

soeone who is #ound #y a contract to pay oney

or do soething.

0bstruction

a otoring o)ence involving:

* leaving a vehicle or other o#struction in a road;

or

* driving in a way which inconveniences other

road users.

0ccupation

ta%ing control o" a piece o" land which #elongs to

soeone else.

0ccupational pension

a pension schee organised #y an eployer "or its

Scheme



eployees.

0ccupier

the person who is in control o" a piece o" land! such

as a tenant.

0%ensive weapon

an o#1ect that is intended to physically in1ure

soeone.

0%er

a proise to do soething! or not to do soething. 0"

the proise is accepted it #ecoes legally #inding.

0%eree

the person who receives the legally #inding o)er.

0%eror

the person who a%es the legally #inding o)er.

0$cial receiver

the person appointed to act as a receiver in

#an%ruptcies and copany winding-up cases. 'he



Departent o" 'rade and 0ndustry appoints o4cial

receivers.

0$cial secret

in"oration which the overnent classies as

condential. 0t is a criinal o)ence to disclose an

o4cial secret without perission.

0$cial Solicitor

an o4cer o" the 7upree ?ourt whose duties include

acting "or people who cannot act "or theselves! such

as children or people with ental health pro#les.

0mission

a "ailure to do soething.

0ppression

the o)ence o" pu#lic o4cials using their o4cial

positions to har or in1ure people.

0ption



a type o" contract under which oney is paid "or a

right to #uy or sell goods at a +ed price #y a

particular date in the "uture.



0rder

an instruction #y or coand o" a court.

0rder in Council

an order given #y the onarch &King or Hueen( a"ter

ta%ing advice "ro the e#ers o" the Privy ?ouncil.

0riginating summons

a suons that sets out the $uestions the court is

#eing as%ed to settle. 8hen the "acts in a case are

not disputed! #ut the interpretation o" the law or o"

the docuents needs to #e resolved! an originating

suons is prepared.

0utlaw

"orerly! a person who was not protected #y the law.

0vert act

an act done openly and "ro which the criinal

'

intention o" the act is clear.



'anel

the list o" people who have #een suoned "or 1ury

service.

'ardon

releasing soeone "ro a court,s punishent. 'he

?rown has the right to alter! cancel or reduce the

penalties iposed #y the courts.

'ari passu

e$ually. &'his ter is Latin.(

'arole

release "ro prison early. 0" soeone is given parole

they ay #e returned to prison i" they o)end again.

'arty

the claiant &,plainti), #e"ore April ///( or

de"endant in a lawsuit. 0t is also soeone who has



ta%en out a contract or agreeent.

'assing o%

pretending that the goods and services o)ered are

those supplied #y another #usiness.

'atent

an o4cial right "or a speci-ed period o" tie to #e the

only person &or organisation( to a%e or sell

soething.

'atricide

the %illing o" a "ather #y his own son or daughter.

'awn

to pledge goods as security "or a loan.

'ayee

the person oney is #eing paid to.



'ayment into courtoney paid to the court #y the de"endant "or payent

to the claiant &,plainti), #e"ore April ///(.

'enalty is: a su o" oney which has to #e paid i" the

ters o" a contract are #ro%en; or

a punishent given to soeone who coits

a crie.

'enalty points points given #y a court as punishent "or driving

o)ences. 0" enough penalty points have #een

collected the o)enders ay have their driving

licences ta%en o) the.

'er through or #y. &'his word is Latin.(

'erformance doing what is re$uired under a contract.

'er!ury lying to a court a"ter you have #een sworn in.

'erpetuity "orever. 'he law prevents property #eing tied up in

perpetuity #ecause it could stop owners disposing o"

it.

'er pro on #ehal" o". &'his ter is Latin.(



'er quod in accordance with or where#y. &'his ter is Latin.(

'er sein itsel" or #y itsel". &'his ter is Latin.(

'ersonal guarantee a pledge! #y a person to a #an%! to repay a de#t

owed to the #an% i" the #an%,s custoer "ails to pay

it.

'ersonal in!ury an in1ury caused to a person.

'ersonal property all property e+cept land.

'ersonal

representative a person who is appointed to deal with a dead

person,s estate. 0" there is a will! the e+ecutors

appointed will #e the personal representatives. 0"

there is no will! the courts will appoint soeone

called the adinistrator.

'ersonalty another word "or personal property.

'ersonation pretending to #e soeone you are not.



'er stirpes

descri#es property divided e$ually #etween the

o)spring. 0" a parent who is a #ene-ciary under a will

dies and the legacy goes to the children in e$ual

shares! the legacy has #een divided per stirpes.

&'his ter is Latin.(

'erverting the course

doing soething to inter"ere with the 1ustice syste

of !ustice

&such as isleading the court or intiidating

witnesses(.

'lainti%

the person who goes to court to a%e a clai

against soeone else. &7ince April ///! this ter



has #een replaced with ,?laiant,.(

'lea

the de"endant,s answer to the accusations.

'lea bargain

when the de"endant pleads guilty instead o" not guilty

in return "or a concession #y the prosecution &such

as dropping another charge(.

'lead

to declare to the court whether you are guilty or not

guilty.

'leadings

stateents o" the "acts prepared #y #oth sides in a

civil case. 6ach side gives the other its pleadings so

that they are #oth aware o" what arguents will #e

used during the trial. &'his ter was replaced with



stateent o" case, in April ///(.

'ledge

letting soeone ta%e possession o" goods #ut the

ownership does not change. 0t is o"ten done to give

security "or oney owed or to a%e sure that

soething is done as proised.

'lenipotentiary

soeone who has #een given coplete authority to

act.

'oaching

ta%ing gae "ro soeone else,s land without

perission.

'olygamy

#eing arried to ore than one person at once.

'ossess

to have property under your control.

'ossession

having soething under your control even though



you ay not own it.



'ossessory title gaining title through possession. 0" you have

possession o" soething "or a long tie you ay

gain title to it even though you do not have

docuents to prove that it is yours.

'ost.mortem the e+aination o" a dead #ody to esta#lish the

cause o" death.

'ower of appointment a person giving a second person the power to

dispose o" the rst person,s property.

'ower of attorney a docuent which gives power to the person

appointed #y it to act "or the person who signed the

docuent.

'ractising certicate certicates showing a person is entitled to practise

law. 6very year the Law 7ociety issues these

certicates to the solicitors who can practise law.

'reamble an e+planation o" a proposed law. At the #eginning o"

each Act o" Parliaent there is an e+planation o" what

the Act is intended to achieve.

'recedent Lower courts have to "ollow the decisions o" the

higher courts. 'his is called precedent! #inding

precedent or 1udicial precedent.



'recept an order given #y an o4cial #ody or person. 0t is

used:

* #y a county council to tell a #ody to levy

&charge( rates "or the #enet o" the county

?ouncil;

* #y a sheri) to call an election; or

* to order payent o" a su o" oney! such as

#y a writ or a warrant.

're.emption the right to #uy property #e"ore others are given the

chance to #uy.

'reference when insolvent! paying one creditor while leaving

other creditors unpaid.

'reference shares a share entitled to a +ed dividend. @olders o"

pre"erence shares are treated ore "avoura#ly than

ordinary shareholders. 'he pre"erence dividend is at a

+ed rate and ust #e paid in "ull #e"ore a dividend

can #e paid on the ordinary shares. 8hen the

copany is wound up the pre"erence shares ust #e

"ully paid out #e"ore the ordinary shareholders can

#e paid.



'referential creditor a creditor who has to #e paid in "ull #e"ore unsecured

creditors can #e paid anything.

'rima facie on the "ace o" it. &'his ter is Latin.(

'rincipal is:

* soeone who authorises another person to act "or the;

* the actual person who coitted a crie; or

* an aount o" oney lent or invested! not 0ncluding the interest.



'rivilege special rights which soe people have #ecause o"

the 1o# they do or their special status. 3or

e+aple! diploats o" "oreign countries are

iune "ro arrest in the 9K.

'rivity of contract only the parties to a contract can sue each other

over #reaches o" contract.

'rivy Council a #ody o" people appointed #y the ?rown. 0ts

e#ers include e#ers o" the royal "aily!

present and "orer ca#inet inisters and people who

hold or have held high o4ce. 0ts ain duties are

advising the Hueen.

'rivy 'urse oney given to the ?rown "or royal household

e+penses.

'robate authority to deal with a dead person,s estate. 8hen

soeone has died and le"t a will! the e+ecutors o"

the estate apply to the court "or this authority.

'robate ;egistry a registry which deals with the "ors which are

needed when soeone applies "or pro#ate.

'robation 0" a court convicts soeone o" an o)ence! the court



ay order that the o)ender is supervised #y a

pro#ation o4cer "or a period o" at least si+ onths

#ut "or no ore than three years. 'his is %nown as

pro#ation and it is an alternative to sending the

person to prison.

'rocess 0n law a process is:

* a suons or writ which is used to order

soeone to appear in court;

* the whole o" a case "ro #eginning to end; or

* the total nu#er o" suonses or writs issued

during a case.

'rocurator a person who has #een given authority to anage

another person,s a)airs! such as under a power o"

attorney.

'rocurator scal under 7cottish law! a person who acts as pu#lic

prosecutor and coroner.

'roduct liability the lia#ility o" anu"acturers and sellers to

copensate people "or unsa"e goods which have

caused in1ury to people or property.



'romisee a person who has #een proised soething.

'romisor a person who has proised soething.

'romissory note a written proise to pay an aount o" oney to

soeone at a given tie.

'roperty the nae "or anything which can #e owned.

'ro rata in proportion. 3or e+aple! i" G ites cost EGG you

would e+pect three ites to cost EG i" they were

priced pro rata. &'his ter is Latin.(

'rosecution the nae "or the tea o" people &lawyers and so on(

#ringing proceedings against soeone else. Also

when legal proceedings are ta%en against soeone it

is called a prosecution.

'rosecutor the person who #rings legal proceedings! on #ehal"

o" the ?rown! against the accused.

'rospectus a "oral docuent giving details o" a copany,s past

per"orance and o" its plans "or the "uture. 0" a pu#lic

copany wants people to invest in it! it prepares a

prospectus.



'rostitution selling se+ual services "or oney.

'rotected tenancy a tenancy agreeent "or a house. 0t gives the tenant

the right to a "air rent and protection "ro eviction as

long as the ters and conditions o" the tenancy

agreeent are %ept to.

'roviso a clause in a legal docuent which $ualies another

section o" the agreeent.

'rovocation causing soeone to lose their sel"-control #y doing

or saying soething &such as threatening to har a

#a#y( which would cause a reasona#le person to

teporarily lose their sel"-control.

'ro,y a person appointed #y a shareholder to go to a

eeting o" shareholders. 'he pro+y can vote at the

eeting "or the shareholder.

'ro,y form a "or "or shareholders #y which! i" it is delivered to

a copany at least M= hours #e"ore the

shareholders, eeting! the person who is the pro+y

will #e a#le to vote at that eeting.

'ublic mischief soething that soeone does which daages the

general counity.



'ublic nuisance

a crie #y which the general pu#lic is put in danger

or su)ers daage to its health! property and so on.

'utative father

the an "ound #y a court to #e the "ather o" an

illegitiate child.

>

>ualifying child

when used in connection with ?hild 7upport this

eans a natural child or adopted child who is under

! or under / i" receiving "ull-tie education.

>uango

an organisation set up #y the overnent to do a

particular activity. 0t is partly independent and does

not "or part o" the overnent.



>uarter days

in 6ngland the days when payents which are ade

every $uarter should #e paid. 'he $uarter days are

the days that the seasons are said to start. 'he actual

dates and their naes are:

* F arch - Lady Day;

* M June - idsuer Day;

* / 7epte#er - ichaelas Day; and

* F Dece#er - ?hristas Day.

>ueens +ench

part o" the @igh ?ourt. 0ts ain "unction is to deal

/ivision

with civil cases.

>ueens Counsel (>C)



a #arrister who has #een chosen #y the Lord

?hancellor to serve as counsel to the ?rown. A

Hueen,s ?ounsel is ore senior than other

#arristers.

>ueens evidence

evidence "or the prosecution given #y soeone who

is also accused o" the crie #eing tried.

>uiet en!oyment

allowing a tenant to use land without inter"erence.

8hen a tenancy is created the landlord is e+pected to

allow the tenant to use the land without any

inter"erence! unless the tenancy agreeent allows it.

>uiet possession

using property without inter"erence. 8hen property is

sold the #uyer should #e a#le to use the property "ree



"ro inter"erence #y the seller.



>uorum the lowest nu#er o" $uali"ying people needed "or a

eeting to #e a#le to a%e a decision.

;

;acial discrimination treating soeone less "avoura#ly #ecause o" their

race! colour! nationality or culture.

;ack rent the "ull ar%et value rent o" a property.

;ape having se+ with a person without their perission

&such as i" they were asleep or unconscious( or

"orcing the to have se+ against their will.

;eal relating to iova#le property such as #uildings or

land.

;eal estate land owned #y soeone who has died. 0n the 97A it

is also land and #uildings used "or #usiness

purposes.

;eal property land and #uildings! inerals in the land and rights

over the land.

;ealtyanother word "or real property.



;easonable force necessary "orce. >easona#le "orce is a cople+

issue #ut essentially use o" soe "orce ust #e

necessary to de"end your property or yoursel" and

the "orce used ust #e in proportion to the threat.

;eceiver soeone appointed to:

* sell assets to raise oney to repay lenders; or

* protect property.

;eceiving gaining control o" stolen property.

;ecognisance an underta%ing! given #y soeone to a court! to

a%e sure that they do what the court re$uires. 0"

they do not do as the court wishes they ay have to

pay a su o" oney.

;ecord the docuents in a court case "ro #eginning to

end.



;ecorder

a part-tie @igh ?ourt 1udge.

;ecovery

regaining possession o" land #y ta%ing court

proceedings.

;edemption

paying o) all the oney #orrowed under an

agreeent.

;edundancy

#eing disissed "ro a 1o# #ecause it no longer

e+ists.

;egistered land

any land recorded at the Land >egistry. 'here is a

syste o" recording and registering! at the Land

>egistry o4ces! details o" land ownership and

interests in land.



;egistered o$ce

the o4cial address where docuents can #e served

on a copany.

Also: the companys

registers can be

inspected at the

registered o$ce4

;egistrar of

an o4cial in charge o" the o4ce which %eeps records

Companies

o" registered copanies. 'here is a registrar "or

7cotland and another one "or 6ngland and 8ales.

;einsurance

an insurance copany insuring part o" a ris% it is



covering. 0" an insurance copany has ta%en on a

large insurance contract it ay decide to spread the

ris% o" loss #y insuring part o" the ris% with another

insurance copany.

;elease

eans:

* to give up a valid clai against soeone;

* to "ree soeone "ro prison; or

* a docuent used to cancel a clai one

person has against another.

;emainder

an interest which starts when a previous interest

nishes. 8hen ore than one person has #een le"t

an interest in land the rst person to possess an



interest will have to die #e"ore the ne+t person can

possess an interest in the land! and so on.



;emand

#eing %ept in prison or paying #ail. 0" an accused

person is placed on reand they are either %ept in

prison "or a short period or have to pay #ail or get

soeone to pay it "or the. 0t is used "or short

periods #e"ore a trial starts.

;emedy

using the law to get copensation "or daage done

or "or rights in"ringed. Also! a reedy can #e using

the law to prevent soething "ro happening.

;enouncing probate

a proposed e+ecutor re"using to act. 7oeties

when a testator dies an e+ecutor will not wish to

accept appointent. 'he e+ecutor has to tell the



Pro#ate >egistry a#out it in writing.

;ent

a regular payent to the landlord #y a tenant in

return "or #eing allowed to possess and use the

landlord,s property.

;epeat o%ender

a person who continues to coit the sae o)ence.

;eply

a claiant &,plainti), #e"ore April ///(,s answer to a

clai. 0n a civil case the de"endant ay o)er a

de"ence to the clai! or even a%e a counterclai.

;epossession or

a ortgagee recovering vacant possession o" the

;epossess

property ortgaged.

;epresentation



0s:

* acting on #ehal" o" soeone else &such as a

solicitor acting "or a client(;

* ta%ing soeone else,s place &such as when a

court gives an e+ecutor the right to deal with a

dead person,s a)airs(; or

* a stateent in a contract.

;epresentative action

one or ore people! in a group o" people with the

sae grievance! ta%ing legal action representing the

group.

;eprieve

a 1udge suspending or cancelling punishent "or an

o)ence.



;escission

the cancellation o" a contract.

;eservation of title

a contract which leaves ownership o" the goods with



the seller until the goods have #een paid "or.

;eserves oney set aside in accounts which can #e spent in

later years. 7oe types o" reserve can only #e spent

i" certain conditions are et.

;esidence order an order which a court issues when it has decided

where a child should live! setting out details o" the

court,s decision.

;esiduary legacy what reains to #e given out "ro an estate a"ter all

de#ts! ta+es and specic legacies have #een paid.

;esidue what is le"t o" an estate a"ter all de#ts! ta+es!

e+penses and specic legacies have #een dealt with.

;es ipsa loquitur proo" is not needed #ecause the "acts spea% "or

theselves. 0" the de"endant was in charge o" events

and an accident was caused on the "ace o" it #y

negligence! then it ay #e presued that the

de"endant was negligent unless there is evidence to

the contrary. &'his ter is Latin.(

;esisting arrest a person trying to prevent the police arresting hi or

her. A charge could #e ade o" o#structing a police

o4cer in the course o" duty.

;esolution a decision ta%en #y the e#ers o" a copany in a



eeting.

;espondent the person an action is #eing ta%en against.

;estitution is:

* an order "or the return o" stolen goods to the

victi o" the the"t or "or copensation to #e

paid to the victi; or

* a writ! "ollowing a success"ul appeal! "or the

return o" the ites lost a"ter the original case.

;estraining order an order which a court ay issue to prevent a person

"ro doing a particular thing. 3or e+aple! i" soeone

has #een harassing another person! the court ay

order that the harassent ust stop.

;estriction when placed on a piece o" land the owner cannot sell

or ortgage the land.



;estriction order

'his order #y the ?rown ?ourt prevents a person

#eing discharged "ro hospital! to protect the pu#lic.

;estrictive covenant

a deed which restricts how a piece o" land can #e

used.

;etainer

a payent to a #arrister to act in a case.

;etention of title

another ter "or reservation o" title.

;eversion

;evocation

cancellation.

;evoke

to cancel or withdraw.

;evolving credit

a loan agreeent under which a person can #orrow

Agreement



again to top up the loan! as long as they do not go

over their credit liit.

;ight of way

a legal right o#liging the owner o" land to allow

authorised people to cross it.

;ights issue

an issue o" e+tra shares #y a copany. 6+isting

shareholders can #uy e+tra new shares in proportion

to the shares they already hold. 'he shares are

usually on sale at a lower price than the stoc% ar%et

price to encourage shareholders to #uy. 'he

shareholders can sell the rights i" they do not wish to

use the.

;iot



a gathering o" or ore people using! or

threatening to use! violence to achieve a coon

end.

;obbery

using or threatening to use "orce while carrying out a

the"t.

S

Sale or return

an arrangeent under which goods can #e %ept #y

the potential #uyer "or a period while their resale is

attepted. 9nsold goods can #e returned i" the

conditions o" the contract have #een %ept to and the

#uyer pays "or the goods used.



Salvage

copensation paid #y the owners "or saving ships!

aircra"t and property "ro the sea.

Satisfaction

is:

* paying a de#t;

* settling an o#ligation #y an act; or

* settling an o#ligation #y su#stituting soething

satis"actory "or what was originally re$uired.

Scheme of

an agreeent #etween a person with de#ts! who

Arrangement

cannot pay the when they are due! and the

creditors. 'he creditors share the oney the de#tor



anages to pay in proportion to what they are each

owed.

Scrip

a certicate showing the e+tra shares and "ractions

o" shares the owner is entitled to.

Scrip dividend

a dividend paid in shares instead o" cash.

Scrip issue

"ree shares o)ered to the e#ers o" a copany in

proportion to their shareholdings.

Search

inspection o" the registers aintained #y

organisations such as the Land >egistry. 8hen a

person intends to #uy a property such as a house! a

solicitor arranges the inspection. 'his is to nd out i"



there is any adverse in"oration a#out the property

or the surrounding area.

Search warrant

a warrant issued #y a agistrate! or @igh ?ourt

1udge! to allow police o4cers to search preises.

Securities

stoc%s! shares! de#entures and so on where there is

a right to receive interest or dividends "ro the

investent.

Security

soething o" value pledged to a #an% #y a #orrower.

0" the #orrower "ails to repay the de#t! the #an% can

sell the security and repay the de#t out o" the

proceeds o" the sale.

Security of tenure



protection "ro a landlord attepting to o#tain

possession o" the property the tenant is renting.



Sedition

writing things or saying things which encourage

ordinary people to rise up against the overnent or

which cause discontent.

Sentence

the penalty the court iposes on soeone "ound

guilty o" an o)ence.

Separation order

a court order that a hus#and and wi"e can live

separately i" they wish.

Sequestration

a court order "or the seizure o" soeone,s property.

Settle

eans:

* to create a settleent;

* to end a case #y agreeent; or



* to draw up a contract and agree its ters.

Settlement

when property is #estowed! usually #y a will or a

deed! on a trust "or the #enet o" people decided #y

the settlor. 0t also eans voluntarily agreeing to

settle a civil case.

Settlor

the person who gives property to a settleent.

Several

separate &not 1oint(.

Shadow director

a person who has not #een appointed a director o" a

copany #ut nevertheless gives instructions to the

directors! which they coply with.

Share capital

the oney invested directly in a copany #y its



e#ers. 8hen the shares are rst ade availa#le

#y the copany! people can apply to #uy the. 'he

copany states the price it wants "or the shares.

Share certicate

a docuent which certies who owns shares in a

?opany. 0t gives the type and nu#er o" shares

owned #y the shareholder and lists the serial

nu#ers o" the shares.

Share premium

an account in a set o" #oo%s recording the e+tra

Account

aount over "ace value that shares have #een

issued "or. 0" shares are issued "or ore than their

"ace value! the e+tra aount over "ace value is



called a share preiu.



Sheri% soeone appointed each year #y the ?rown to #e a

county,s senior o4cer. 6ach county in the 9K has a

sheri). 'o #e eligi#le "or the o4ce the person ust

own soe land in the county. 'he areas o" the law

which coe within the sheri),s 1urisdiction are largely

dealt with #y the under-sheri).

Shoplifting stealing goods "ro a shop.

Shorthold tenancy a tenancy under which the law allows the landlord to

repossess the house.

Sine die indenitely. 0" a case has #een ad1ourned sine die no

date has #een set "or it to #e continued. &'his ter is

Latin.(

Slander saying soething untrue a#out a person or doing

soething! such as a%ing a gesture! which

daages their reputation.

Small claims court a section o" the county court which deals with sall

clais. 'here is a siplied way o" a%ing a clai in

the county court in a civil case where the clai is "or

no ore than EFGGG &or EGGG in personal in1ury

cases(. 5either side can clai costs.

Smuggling iporting or e+porting goods illegally to avoid a #an



on the or to avoid the duties on the.

Sold note a note that shows details o" investents which have

#een sold! including the sale price and any charges

ta%en. 7toc%#ro%ers produce sold notes "or their

clients.

Soliciting a prostitute attepting to get clients in a street or

other pu#lic place.

Solicitor a person who can deal with legal atters "or the

pu#lic and give advice on legal atters. All solicitors

are listed on the roll o" solicitors %ept #y the Law

7ociety.

7oe solicitors can appear "or their clients in soe

o" the lower courts.

Solicitor General the assistant o" the Attorney eneral. 'hey #oth

advise the overnent.



Special resolution a resolution which ust #e approved #y holders o" at

least F< o" the shares with voting rights. &7oe

types o" share give their owners the right to vote at

shareholder eetings! #ut there are other types

which do not.(

Specic performance a court order to coplete a contract. 'he courts ay

order a person who has "ailed to "ull an o#ligation

under a contract to coplete it.

Spent conviction a conviction which! a"ter the passage o" a stated tie

period! does not have to #e disclosed &revealed( to a

court.

Squatter a person who occupies land illegally.

Stalking the nae given to a "or o" harassent where a

person is ade to "eel alared or distressed #y

another person,s actions. 'he prosecution has to

prove that a reasona#le person would have %nown

that the #ehaviour would create distress or "ear. 'heharassent ust have happened on at least two

occasions.

Stamp duty a ta+ on the trans"er docuents "or certain types o"

transaction. 6+aples are #uying shares! patent



rights and properties.

Statement of claimthe claiant,s written stateent setting out the clai

in a civil case. &'his ter has not #een used since

April ///.(

Status how the law regards a person! such as whether the

person is a inor or a #an%rupt and so on.

Statute an Act o" Parliaent.

Statute book all the e+isting statutes in a country.

Statute law the law created #y Acts o" Parliaent.

Statute of limitation a statute which sets out the tie liits within which a

court action ust ta%e place.

Statutory accountscopany accounts which have #een led with the

>egistrar o" ?opanies. 'he accounts have to

disclose &show( the in"oration re$uired #y the

?opanies Acts.



Statutory audit an audit re$uired #y law. ?ertain copanies have to

have their accounts audited #y suita#ly $ualied

accountants.

Statutory books #oo%s o" account which copanies ust %eep #y law

to show and e+plain all their transactions.

Statutory demand a written deand "or payent o" a de#t o" ore than

EFG.

Statutory instrument a power delegated #y Parliaent. Parliaent can

delegate its power to a%e and aend law to a

person or organisation. A statutory instruent is one

o" these powers and is used #y governent inisters

to aend legislation.

Stay of e,ecution the suspension o" the carrying out o" a court order.

Stipendiary magistrate a agistrate who gets a salary.

Stockbroker a person who #uys and sells stoc%s and shares "or

clients.

Subduct to withdraw.

Sub!ect to contract an agreeent which is not #inding until a contract

has #een signed.



Sub !udice descri#es soething #eing dealt with #y a court

which cannot #e discussed outside the court. &'his

ter is Latin.(

Subpoena a writ re$uiring the person it is addressed to to attend

at a specic place &such as a court( on a specic

date and at a stated tie.

Subrogation su#stituting one person "or another including all

rights and responsi#ilities.

Subscribers the people who set up a liited copany.

Subsidiarity su#sidiary activities. e#er countries o" the

6uropean ?ounity agreed that activities could #e

done #y the individual e#er countries unless they

could not do the ade$uately alone. 'he 6uropean

?ounity there"ore should only do su#sidiary

activities and this is called su#sidiarity.



Subsidiary a copany controlled #y another copany. 'he

control is norally a result o" having ore than FG<

o" the voting rights.

Sue to start legal proceedings in the civil court against

soeone.

Suicide the act o" %illing onesel" intentionally.

Sui generis descri#es soething that #elongs in a particular

category or is the only one o" its class. &'his ter is

Latin.(

Sui !uris descri#es soeone who can enter into a contract

without any restriction. &'his ter is Latin.(

Suit proceedings #rought #y one person against another

in a civil court.

Summary !udgement o#taining 1udgeent without a trial. 0n an action in

the @igh ?ourt to recover daages or a de#t! i" the

claiant &,plainti), #e"ore April ///( swears an

a4davit that it is #elieved that there is no de"ence to

the clai! the claiant &,plainti), #e"ore April ///(

can o#tain suary 1udgeent.

Summary o%ence an o)ence that can only #e tried #y agistrates.



ost inor o)ences are suary o)ences.

Summary proceedings a trial #y agistrates! where the de"endant has the

right to choose which court should hear the case! #ut

has agreed to #e tried in the agistrates, court.

Summary trial a trial #y agistrates.

Summing up the 1udge,s suary o" a case. At the end o" a trial

#y 1ury the 1udge e+plains points o" law in the case to

the 1ury! e+plains the 1ury,s role and suarises the

evidence.

Summons an order #y a court that a person attend at a

particular court at a stated tie on a particular date.

Superior courts the higher courts in 6nglish law! which include the

@igh ?ourt! the ?ourt o" Appeal! the ?rown ?ourt

and the @ouse o" Lords. 'heir decisions act as

precedents "or the lower courts to "ollow.



Supervision order a court order that a child should #e supervised #y a

pro#ation o4cer or a local authority.

Supra a#ove &see a#ove or #e"ore in the docuent(. &'his

word is Latin.(

Supreme Court the highest court #elow the @ouse o" Lords. 'he "ull

nae is the 7upree ?ourt o" Judicature. 0t is

divided into:

* the ?rown ?ourt;

* the @igh ?ourt o" Justice; and

* the ?ourt o" Appeal.

Surcharge a penalty charged i" ta+ is paid late. 0t is also an e+tra

charge #an%s a%e i" custoers do not %eep to the

agreeents they ade with the #an%.

Surety soeone who ta%es responsi#ility "or soeone else,s

de#ts or proises! and guarantees that they will #e

paid or underta%en &done(. 0t is also the nae "or the

oney put up as security that soeone will appear

in court. 0" they do not appear in court the oney will

#e "or"eited.

Suspended sentence a sentence that is postponed until the o)ender is



convicted o" another o)ence.

S?*< payment a payent "ro one #an% account to another using

the 7803' syste. 7803' stands "or 7ociety "or

8orldwide 0nter#an% 3inancial 'elecounications

and it is an international syste "or paying #y credit

trans"er.



angible asset an asset which can #e physically touched.

angible property property that physically e+ists.

a, oney raised #y the overnent to pay "or the

services it provides. 7oe ta+es are called indirect

#ecause they are part o" the price we pay "or goods

and services! such as NA'. Ither ta+ is called direct

#ecause the individual ta+payer pays it. 0ncoe ta+

and corporation ta+ are e+aples o" direct ta+es.

a,able supply a ter "or supplying goods and services on which

value added ta+ can #e charged. 'his applies even i"

the ta+ rate is G< at present! #ecause it can #e

increased i" the overnent chooses to.

a,ation the levying o" ta+es.

a,ation of costs the scrutiny o" and! i" necessary! the lowering o" a

solicitor,s #ill to a client. 'he scrutiny is done #y a

court o4cer.

a, avoidance reducing ta+ #ills #y using legal eans.

a, evasion #rea%ing the law to reduce ta+ #ills! such as #y



concealing incoe.

a, point the date when value added ta+ arises on goods or

services supplied &or ade availa#le( to a custoer.

'he ta+ point should #e displayed on invoices. 0t is

not necessarily the sae as the date o" the invoice.

eeming and lading a ter used to descri#e attepts to hide the loss o"

cash received "ro one custoer #y using cash "ro

other custoers to replace it. 'his "raud can carry on

#y using cash "ro other custoers in the sae

8ay

enant a person or organisation granted a lease.

ender supplying a price "or a 1o#. 0" an organisation as%s

rs to send in tenders "or supplying soething!

they are as%ing "or r written o)ers to do the wor%

to an agreed standard and at a stated price.

enure how a piece o" land is held #y the owner &"or

instance "reehold or leasehold(.



erm any o" the clauses which "or part o" a contract.

erra land. &'his word is Latin.(

errorism using violence "or political purposes.

estament a will dealing with personal property.

estamentum another nae "or a will.

estator a person who a%es a will.

estify to give evidence.

estimony the evidence a witness gives in court.

heft ta%ing soeone else,s property dishonestly! with the

intention o" never returning it.

hreatening behaviour using threats! a#use or insults against another

person.

imeshare an arrangeent where people can #uy a share in

part o" a property "or a period o" tie in each year.

'hey can use their part o" the accoodation each

year "or the period that is theirs.

itle the right to own soething.



itle deeds the docuents which prove who owns a property

and under what ters.

oll a payent in return "or #eing allowed to travel over a

road! #ridge and so on.

ort doing soething which hars soeone else. 0t

ay result in a clai "or daages. &'his word is Ild

3rench.(

ortfeasor soeone who coits a tort.

rademark a ar% which is registered at tradear% registries

and which is used on products produced #y the

owner. 0t is illegal "or anyone else to display the

ar%.

ranscript the o4cial record o" a court case.



ransferable securities securities! such as de#entures! which can have their

ownership changed.

ransferee the person soething is trans"erred to.

ransferor the person who trans"ers soething to soeone

else.

reason the crie o" #etraying your country such as

helping your country,s eneies in wartie.

reasure trove treasure "ound in a hiding place and whose

owner cannot #e traced. 0t #elongs to the ?rown

#ut the nder and the landowner ay get a

reward.

reasury the governent departent which adinisters

&anages( the country,s nances.

reasury bill an unconditional proise #y the 'reasury to repay

oney it has #orrowed "or the short ter &up to

one year(! to pay "or governent spending.

reasury Solicitor the person who gives legal advice to the 'reasury.



respassing going on land without the owner,s perission.

rial an e+aination o" the evidence in a case and the law

which applies.

ribunal is:

* a #ody set up to act li%e a court! #ut outside the

noral court syste;

* a "oru to hear disputes and with the authority

to settle the;

* a #ody given power #y statute to discipline

e#ers o" a pro"ession who do not %eep to

the high standards o" #ehaviour deanded o"

e#ers o" the pro"ession; or

* a #ody set up #y the e#ers o" an

association to police the e#ers, actions.

rust a nancial arrangeent under which property is held

#y naed people "or soeone else.

rust corporation a copany which acts as a trustee and holds a

trust,s assets.



rust deed

a legal docuent which is used to:

*

create a trust;

* change a trust; or

*

control a trust.

rustee

a person who holds property and loo%s a"ter it on

#ehal" o" soeone else.

rustee in bankruptcy

a person who adinisters &anages( a #an%rupt

person,s estate and pays any availa#le oney to the

creditors.

@

@berrimae dei

o" the utost good "aith. 0n certain contracts &such as

insurance policies( one party ust disclose &reveal(

any aterial "acts to the other party. 0" they are not

disclosed the contract can #e cancelled or #ecoe

unen"orcea#le. &'his ter is Latin.(



@ltra vires

#eyond one,s powers. 0" an organisation does

soething ultra vires! what it has done is invalid.

@nderlease

the lease o" a property #y a tenant o" the property to

soeone else.

@ndertaking

a proise which can #e en"orced #y law such as a

proise ade #y one o" the parties or #y their

counsel during legal proceedings.

@nfair contract terms

prevents a party to a contract un"airly liiting their

lia#ility. 'he 9n"air ?ontract 'ers Act / was

passed to control un"air e+clusion clauses. 0n

particular! in a case where soeone had #een %illed

or in1ured #ecause o" soeone else,s negligence the

act prevented a contract liiting the negligent

person,s lia#ility.@nfair dismissal

sac%ing an eployee un"airly. 8hen an eployee

has #een disissed it is the eployer,s responsi#ility

to prove that the disissal was "air. 0" an industrial



tri#unal nds that the disissal was un"air it can

insist on copensation or reinstateent.

@nit trust

a trust which anages investents. People can

invest in unit trusts #y #uying units. 'he anagers o"

the trust use the oney people invest to #uy

investents. 'he "und anager values the "und,s assets "ro tie to tie and puts a new price on the

"und,s units.



@nlawful wounding wounding soeone without the 1ustication o" sel"

de"ence or without power given #y the law.

@nliquidated damages the aount o" daages decided #y a court #ecause

the parties to a contract had not agreed in advance

how uch the daages would #e "or #rea%ing the

ters o" the contract.

@nreasonable behaviour #ehaviour #y a arried person that 1usties the other

partner in the arriage living apart.

@nreasonable

behaviour

@nregistered company a copany which is not registered under the

?opanies Acts.

@nregistered land land which is not recorded in the registers at @



Land >egistry.

@nsecured creditor soeone who has lent oney without getting any

security "or the loan.



@terine

descri#es people who have the sae other

V

#ut di)erent "athers.

Vendee

a person who #uys soething.

Vendor

a person who sells soething.

Verdict

the 1ury,s decision at the end o" a case.

Vesting order

a way the @igh ?ourt trans"ers land without the need

"or a conveyance.

Ve,atious litigant

a person who regularly #rings court cases

which have little chance o" succeeding.

Vicarious liability

a situation where soeone #ecoes responsi#le



under the law "or wrongs done #y soeone else.

'his o"ten happens when an eployee does

soething wrong while at wor% which #ecoes the

eployer,s responsi#ility &such as an eployee

wor%ing negligently and causing soeone else to #e

hurt #ecause o" the negligence(.

Violent disorder

three or ore people in a gathering using

or threatening to use unlaw"ul violence.

Void

una#le to #e en"orced #y the law.

Voidable

- a#le to #e cancelled in certain circustances.

Voluntary arrangement

an agreeent #etween a de#tor and the creditors. 0"



a person or a copany cannot pay their de#ts when

they are due they can coe to a voluntary

arrangeent with the creditors to pay the de#ts

over a period. 0" the creditors agree with the

proposals it avoids #an%ruptcy o" the individual or

li$uidation o" the copany.

Voluntary manslaughter

urder and voluntary anslaughter have the sae

eaning in law. But there are "our de"ences that

can reduce the crie in seriousness to

anslaugher:

Provocation;

Diinished responsi#ility;

0n"anticide: and

7uicide.



?

?ard of court a person who is protected #y the @igh ?ourt! such as

a inor.

?arrant is:

* a certicate which gives the person holding it

the right to #uy shares at a given price;

* a agistrate,s written instruction to

arrest soeone; or

* a agistrate,s written instruction to search a

property.

?arranty a ter in a contract. 0" the ter is not coplied

with daages can #e claied #y the in1ured party.

?ayleave a right o" way through or over a piece o" land o"ten

"or a particular purpose! such as "or a pipeline to go

through a piece o" land or "or goods to #e carried

over it.

?ill a legal docuent which people use to #e$ueath

&leave as a gi"t( oney and property when they die.

?inding up disposing o" all a copany,s assets and paying all its

de#ts. Any oney le"t is then divided aong the



e#ers.

?ithout pre!udice when written on a docuent! the docuent

cannot #e used as evidence that a contract or

agreeent e+ists.

?itness soeone who:

* watches a signature #eing put on a

docuent! and then signs as well to veri"y the

signature,s authenticity; or

* attends court to testi"y a#out events they

%now a#out.

'o witness a docuent is to watch it #eing

signed and then add your own signature

and nae! address and occupation.

?ords of art words which have a +ed eaning in law so

that their use in a legal docuent can have only

one interpretation.

?rit an order issued #y a court telling soeone to do

soething or not to do soething. &'his has #een

%nown as a ,clai "or, since April ///(.



?rit of e,ecution a type o" writ &,clai "or, since April ///( used

when a court 1udgeent needs en"orcing.

?rit of summons a type o" writ &,clai "or, since April ///( used to

start a civil case in the @igh ?ourt. &'his has #een

%nown as a ,clai "or, since April ///(

legal phrases

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