Glossary of Legal Terms
Ab initio: From the beginning.
Abrogate: Repeal, cancel, rescind, annul.
Abscond: Flee, go away.
Absolute Liability: Liability that arises independently of any degree of intent, fault, or wrongdoing. See also Strict Liability.
Act of God: Something that happens without human intervention,
a natural event.
Ad idem: Of the same mind.
See consensus ad idem.
Affidavit: A written statement sworn or affirmed to be true.
Affirm: 1. To elect to proceed with a voidable contract.
2. To confirm the judgment of a lower court.
3. To declare that a statement or evidence is true.
Alienate: To transfer or dispose of property.
Ambiguity: Where a word or a phrase has more than one meaning.
Amend: To correct.
Ancillary orders: Orders incidental to the main orders, for example, an injunction.
Ante-nuptial: Before marriage; also Pre-nuptial.
Appeal: To apply to a higher court to review the decision of a lower court.
Appellant: The person who appeals.
Apportion: To divide in proportion.
Appropriate: To set aside or apart.
Approval, on: Where possession of goods is given to someone who has the option of keeping them or not.
Arbitration: Resolution of a dispute by an appointed person.
Arm’s length, at: A transaction between “strangers”, where there is no relationship between the parties other than a legal one.
Arrest: To deprive a person of liberty or freedom of movement.
Assign: To transfer.
Assignee: Person to whom assignment is made.
Assignor: Person who assigns.
Attest: To witness.
Avoid: 1) To make void.
2) To evade.
Bailiff: An officer of the District Court who serves process and executes judgments.
Barrister: A lawyer whose main function is to represent persons in court.
Bearer: A person who bears, that is who is in possession.
Beneficial owner: the owner of the legal interest in something, the “real” owner.
Bequeath: To make a gift in a will.
Bill of Lading: A document specifying the details of goods being shipped.
Binding: Legally enforceable.
Bona fide: In good faith.
Boycott: To refuse to deal with someone.
Breach: To break, to refuse to honour a contractual promise or an equitable duty.
Burden of proof: The obligation to prove something.
Cargo: Goods on board a ship.
Cause of action: A legal action.
Caveat: 1. A warning.
2. A legal document lodged against the title of Torrens title land which claims an interest in that land.
3. A legal document lodged which will prevent registration of a bill of sale.
Caveat emptor: Let the buyer beware.
Certificate of Title: The document of title to land under the Real Property Act.
Cestui que trust: The beneficiary under a trust.
Charge: A security given over property.
Charterparty: A written agreement for the chartering of a ship to carry cargo
Chattels: Property that is not freehold land; divided into two- categories: (i) chattels real: interests in land other than freehold.
(ii) chattels personal: movable and tangible personal property.
Chose: A thing. Choses can be divided into choses in action and choses in possession.
Chose in action: Personal property that is intangible such as a right to be paid a debt.
Chose in possession: Personal property that is tangible, goods or chattels.
Civil action: Any legal action other than a criminal proceeding.
Collateral: Literally “side-by-side”; in contract law, an agreement in addition to the main agreement.
Committal proceedings: In indictable offences, the proceedings held to inquire whether a prima facie case lies against the accused.
Company: Commonly used to refer to a corporation, generally a limited company. The use of the word “company” or abbreviated form “co” in a business name generally denotes a firm rather than a limited company.
Consensus ad idem: Where the parties are in agreement'” a meeting of the minds.
Constructive: Where a liability, or knowledge, is implied by law without reference to the actual intention or knowledge; as opposed to actual.
Contingent: Dependent upon something.
Contra proferentum: Against the person who alleges it.
Contracting out: Where the parties agree to exclude something from the contract.
Conveyance: Assignment, transfer (generally of real estate); the document that transfers title of land under the old system.
Convicted: Found guilty.
Counterpart: A true copy.
Covenant: A solemn promise generally contained in a deed; an agreement to do or not to do something.
De facto: In fact.
De novo: Fresh, starting again.
Debenture: Any document issued by a corporation evidencing or securing a loan.
Deceit: An action in tort for fraudulent misrepresentation.
Decree: A court order.
Deed: A written document signed, sealed and delivered or expressed to be a deed.
Deed Poll: A deed by one party only.
Default: To fail to carry out a duty or obligation.
Defendant: The person against whom a legal action is brought. –
Del credere agent: An agent for the sale of goods who guarantees price and/or title.
Deposit: Payment of money by way of:
1. an earnest
2. part payment or
3. evidence of good faith.
Divest: To take away.
Donatio mortis causa: A gift given in anticipation of the giver’s death.
Easement: a burden on land, such as a right of way.
Ejectment: A legal remedy to recover possession of land.
Emblements: The profits of a growing crop.
Encroach: To intrude upon.
Encumber: To charge or mortgage; to create a burden on land such as an easement.,
Encumbrance: A charge, or mortgage; a burden on land, such as an easement.
Estate: An interest in land.
Estoppel: Where a person, by words or conduct, leads another person to reasonably believe that something is so, that person will be precluded from denying that it is so.
Et seq: And those following.
Ex gratia: Without legal obligation.
Ex parte: An application to a court made in the absence of the other party.
Ex post facto: Retrospectively.
Excise: A tax on the II)anufacture of goods.
Execute: To carry out, perform.
Executed: Carried out, performed.
Executor: A male person appointed by someone else to wind up business affairs after death. The archaic female form is executrix.
Executory: Yet to be carried out or performed.
Express: Direct, written or spoken.
Factor: A mercantile agent.
Fee simple: Total ownership of freehold land.
Felony: A serious crime.
Fiduciary relationship: A legal relationship based on trust, carrying certain obligations.
Foreclosure: A legal action in which the mortgagee, where the mortgagor had defaulted, takes over the security.
Freehold: The highest form of ownership of land.
Goods: All chattels personal other than money, emblements and fixtures.
Goodwill: The value that a business has because of its clientele or location or reputation of the owner.
Guarantee: A promise made by a person, the guarantor, to meet the obligation of another if that person fails to do so.
Guardian: A person with the legal right and obligation to look after another and/or his or her affairs.
Hire-purchase: An agreement in which the owner of goods gives possession of them to the hirer in return for monthly payments over a fixed period. Upon making the final payment, ownership passes to the hirer.
Hold out: To represent that one has a certain capacity or status.
IOU: A written promise to pay a debt. Ibid: In the same place. Idem: Same.
Imply: To infer.
In futuro: In the future.
In loco parentis: In the place of a parent.
In perpetuum: Forever.
In personam: A legal action directed against the person.
In re: In the matter of.
In rem: A legal action taken over property which lies because of the property.
In toto: All, entirely, wholly.
In transitu: In transit.
Indemnity: A promise made by a person (or a duty imposed by law upon that person) to make good a loss suffered (or to be suffered) by another.
Indenture: A deed between two or more persons.
Indictable offence: Generally a criminal offence dealt with by a judge and jury.
Injunction: An order by a court to someone not to do something or to cease doing something (prohibitory) or to do something (mandatory).
Insolvent: Unable to pay one’s debts as they fall due. Instrument: A written document.
Inter alia: Amongst other things.
Inter vivos: Between living persons.
Interest: 1. A right or title or obligation in something.
2. An amount charged to borrow money.
Interlocutory: A legal action or order ancillary to the main action or order.
Intestate: Without a will.
Intra vires: Within the powers (of).
Ipso facto: Because of that fact.
Join in: To bring another party (into a legal action).
Joinder: Where a plaintiff or a defendant joins in another party in a court action, or where the court orders that another party be joined.
Joint and several: Where two or more parties have joint and several liability, they may be sued separately or together at the creditor’s option for the whole amount.
Judgment: An order or decision of a court.
Judgment debtor; someone against whom judgment has been given,
Judgment creditor: Someone who has obtained a judgment.
Jurisdiction: The limits, territorial or by reference to money or subject matter, of a court’s powers.
Jury: A group of laypersons, usually 12 in a criminal case, who are sworn to decide questions of fact in a court case.
Justice: 1. A lower court magistrate in English courts.
2. The title given to a higher court judge in Australia. for example Justice Kirby.
3. A justice of the peace.
Laches: Unreasonable delay in pursuing a legal remedy.
Lease: The grant of possession of property for a fixed or indeterminate period; something less than full ownership.
Leasehold: Land held under a lease.
Legal personal representative: the executor or administrator of the estate of a dead person.
Legacy: A gift of personal property by will.
Legal tender: The form in which payment may be made. Lessor: The person who grants a lease, landlord.
Lessee: The person to whom a lease is granted, tenant.
Liable: The state of being subject to a legal obligation.
Liability: A legal obligation.
Lien: A right to retain possession.
Liquidated damages: An amount or method of calculation.
Liquidator: The person who is appointed to wind up (terminate) the affairs of a company.
Mala fide: In bad faith.
Mens rea: The intention to commit a wrongful act, a guilty mind.
Mortgage: The giving of a charge over land to secure a debt.
Mortgagor: The person who gives the charge, the borrower.
Mortgagee: The person who receives the charge, the lender.
Nemo dat qui non habet: You cannot pass on a better title than you yourself have.
Next-of-kin: Generally the nearest blood relative, it can also refer to a person nominated as a next-of-kin.
Non est factum: “This is not my deed”, a specific legal defence.
Non sequitur: This does not follow.
Notice, as in to give notice: to bring something to the attention of another.
Notice: The knowledge of something. Actual knowledge is where the person is actually aware of a fact, constructive knowledge means that the person is considered to have that knowledge because circumstances are such that he or she should have reasonably known it.
Novation: A new or substituted agreement.
Oath: To take an oath is to swear to tell the truth or that something is true.
Obiter dictum: A statement by a judge that is not necessary to decide the case and is therefore not binding.
Obligation: A legal duty.
Pari passu: Equally.
Party: A person involved in a legal action or relationship.
Payee: A person to whom payment is made or to whom a bill of exchange is payable.
Penalty: A punishment, fine.
Per annum: By the year.
Peljury: Swearing a false oath, not telling the truth while under oath.
Personal property: Property that can be moved, goods, chattels.
Personalty: See personal property.
Plaintiff: The person who institutes legal proceedings.
Possession: The holding in one’s custody of something.
Posthumous: After death.
Preamble: Introduction, introductory words or passages.
Precedent: The concept that a legal principle or form decided in an earlier case, or instance, should be used in a subsequent one.
Presumption: An assumption made in a legal case, of which there are three kinds:
1. presumption of fact; an inference drawn from the facts.
2. irrebuttable presumption of law; a rule of law or legal principle that cannot be contradicted by factual proof.
3. rebuttable presumption of law: a legal rule or principle that can be overturned by factual evidence.
Prima facie: As it first appears.
Priority: A first legal claim, a claim that is ac~ep.ted in preference to other competing claims.
Pro rata: Proportionally.
Property: 1. The subject matter of ownership.
2. Ownership, title.
Prosecute: To take legal proceedings.
Proxy: A properly appointed agent or representative (generally to vote).
Purchaser: Buyer. Quash: Set aside.
Queens Counsel: A senior barrister.
Quid pro quo: Something for something, a bargain.
Quiet enjoyment: The right to enjoy and/or use something without interruption.
Ratify: 1. To approve or consent in retrospect.
2. To adopt.
Ratio decidendi: Literally the reasons for a decision, the binding legal principle in a case.
Real property: Land and the things that go with it.
Realty: See Real property.
Rebut: To repel, defeat, contradict, prove otherwise. Also Rebuttal.
Receiver: A court appointed person to deal with the business affairs of a bankrupt or of an insolvent company.
Rectify: By a court, to order the correction of an error.
Registrar: Usually the principal administrative officer of a court.
Release: To discharge, give away, a legal right.
Rem (Res): Thing(s).
Remedy: The means by which the breach of a benefit or right is cured or compensated or prevented.
Remote: Too indirect or removed to allow a remedy.
Repeal: To take back, cancel.
Repudiate: Renounce, cancel.
Res ipsa loquitur: Things speak for themselves.
Rescind: Terminate, revoke, cancel. See text for the various meanings of rescind and the distinction between rescind ab initio and rescind in futuro.
Residue: That which remains.
Respondent: The person defending an appeal.
Resume: To compulsorily acquire. Al-50 resumption.
Revoke: Take back, withdraw.
Right: An interest or benefit recognised by law.
Right of action: The right to bring legal proceedings.
Sanction: A legal penalty or punishment.
Sans recours: Without recourse.
Satisfy: To discharge (an obligation).
Seal: A formal signature.
Security: A right to take or dispose of something if a debt is not paid or an obligation not discharged.
Sequestrate: To order that a person’s property be taken away him and dealt with by another.
Serve: To deliver a document to.
Settle: 1. To compromise a legal case. 2. To complete a transaction.
Sign judgment: To obtain judgment in default legal proceedings.
Solicitor: A lawyer generally who conducts and handles legal matters and gives legal advice.
Solvent: Able to pay one’s debts as they fall due. Contrast insolvent.
Specific performance: An order compelling a party to do something.
Stare decisis: The principle of precedent.
Status quo: As things were.
Statute: An Act of Parliament.
Strict liability: Where fault does not have to be proved in the party accused of wrongdoing.
Subpoena: An order of a court to someone to give evidence or to produce documents.
Subrogate: To stand in the place of another.
Sui juris: Of full legal capacity.
Suit: A legal proceeding.
Summons: A document of a court which initiates legal proceedings.
Surrender: To give up a legal right.
Tenant: Generally now a person who holds real property under a lease, lessee
Tender: 1. An offer.
2. Attempted performance.
Term: 1. A period of time.
2. A contractual promise.
Testamentary: Under or by a will.
Third Party: A stranger to a transaction, legal proceeding or relationship.
Title: 1. Ownership.
2. Right to ownership.
Tort: A civil wrong not arising out of a contract or at equity.
Transfer: To assign.
Transferor: A person who transfers.
Transferee: The person to whom transfer is made.
Trial: The hearing of a legal proceeding.
Uberrimae fidei: Utmost good faith.
Ultra vires: Beyond the powers (of).
Unenforceable: Where a legal right or remedy, although existing, will not be recognised by a court.
Value: Valuable consideration.
Vendor: The seller.
Verdict: The decision of a jury.
Vest: To confer legal rights on.
Voluntary: In the absence of valuable consideration.
Waive: To renounce, disclaim.
Will: A document in which a person gives direction for the disposal and/or management of property after death.
Wind up: To conclude the affairs of a business organisation.
Witness: A person who gives evidence in a legal proceeding.
Writ: A summons.
Wrong: An infringement of a right.