1. Actual Possession
As opposed to constructive possession. When the owner of a property occupies the property on a day-to-day basis. Constructive possession is when the owner takes actions to establish and maintain his ownership of a property without actually occupying it himself (i.e. leasing it to tenants, removing squatters, hiring a security firm).
2. Adjourn
To put something off to another time eg: if a court case cannot proceed when in comes before the court, it may be adjourned to a later date. (Legal Aid Office Qld Glossary)
3. Administration
Management and settlement of an estate
www.webtrail.com/sopafug/gendictionary.html
4. Admit
Declare to be true or admit the existence or reality or truth of; "He admitted his errors"; "She acknowledged that she might have forgotten"
www.cogsci.princeton.edu/cgi-bin/webwn
5. Adverse possession
The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is "squatters." Each state has its own period of time after which a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.
www.4lawschool.com/dic/dict-a.htm
6. Affidavit
A written and signed statement sworn in front of a court officer
www.webtrail.com/sopafug/gendictionary.html
A written statement that is signed and sworn on oath and therefore able to be used as evidence in court.
www.courts.govt.nz/maorilandcourt/glossary.htm
7. Aggravation
Some circumstance in a criminal case which renders any conviction more serious.
hjem.get2net.dk/safsaf/glossary.html
What you get when you try to deal with all these terms and acronyms. :-)
www.crcwater.org/glossary1999.html
8. Allegation
A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.
The claim or statement made by a party in a legal proceeding that sets forth what that party intends to prove.
www.workerscompensationresourcecenter.com/glossary/
9. Amend
To alter formally by modification, deletion, or addition.
www.capitol.hawaii.gov/site1/info/def/def.asp
To add to or alter a charge which has been filed.
www.sbcourts.org/general_info/glossary.htm
10. Appeal
A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
11. Balance of Probabilities
The standard of proof in civil cases, ie for something to be proven to be true it must be more probable than not. This is a lesser standard than the standard of proof in criminal matters which is "beyond reasonable doubt". •Civil Courts
(Legal Aid Office Qld Glossary)
Proof that there is a better than 50 percent chance that the circumstances are as the plaintiff contends.
businesslaw.nelson.com/glossary.html
12. Barrister
A lawyer who specialises in court appearances and providing written opinions. Usually not able to act for clients directly and is engaged through a solicitor. In some courts they are required to wear wigs and gowns. •Disability
(Legal Aid Office Qld Glossary)
13. Bill of Rights
The first ten amendments to the U.S. Constitution, which protect the rights of individuals from the powers of the national government. Congress and the states adopted the ten amendments in 1791. (These amendments deal with basic individual liberties such as freedom of speech, assembly, religion, and the press; protection against self-incrimination in a legal proceeding, unreasonable search and seizure, and cruel and unusual punishment; and the right to a speedy and fair trial. )
www.hfac.uh.edu/gl/glossary.htm
14. Case Law
Legally binding and commonly accepted rules or principles developed over time through the gradual accumulation of rulings by judges. These laws are also known as common law.
Law made by court cases rather than legislation.
The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society. If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law." In other words, the rule is not in the statutes but can be found as a principle of law established by a judge in some recorded case. The word jurisprudence has become synonymous for case law.
www.sixthform.info/law/03_dictionary/dict_c.htm
the law of the US is essentially made up of two key elements - statutes, which are the legislative rules passed by Congress and State Legislatures and case law which is the interpretation of those rules by the courts and which can be binding upon courts deciding upon similar matters in the future. Case law can be many hundreds of years old and still relied upon if the point of law which the case decided was an important one, or it can be overturned almost immediately if a higher court believes that it reflects an incorrect conclusion.
www.marylandlawonline.com/glossary.asp
15. Caveat
A notice given to a legal authority not to do something until the person giving notice can be heard.
www.recalgary.com/information/glossary_c.htm
"Beware" – if a caveat is lodged on a title to land, it warns a person buying the property that a third party (party which lodged the caveat) has some right or interest in the property.
www.stgeorge.com.au/loans/home/tools/glossary.asp
"Let him beware." A formal notice or warning given by a party to a court or judge against the performance of certain acts within his or her power and jurisdiction.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
16. Cease
Stop, as in: If someone violates your copyright, send them a Cease and Desist letter immediately.
www.business-words.com/dictionary/C_1.html
17. Citation
(law) the act of citing (as of spoken words or written passages or legal precedents etc.)
www.cogsci.princeton.edu/cgi-bin/webwn
18. Claim
A document to commence civil proceedings which involves a dispute of fact and the taking of oral evidence
(Legal Aid Office Qld Glossary)
19. Coercion
A form of power based on forced compliance through fear and intimidation.
www.nelson.com/nelson/polisci/glossary.html
20. Common Law
Derived from British legal traditions, common law relies on judicial precedents set by prior court decisions to determine the development of legal principles, rather than on legal enactments. Common law derives its authority from rules of the court, custom, judicial reasoning, prior court decisions, and principles of equity. Canada and the United States (with exceptions noted in the above definition), England, New Zealand, and Australia are common-law countries.
www.chin.gc.ca/English/Intellectual_Property/Illustrating_Options/glossary.html
21. Conduct
an action, decision, omission, etc., by a government official in exercising a decision-making power or responsibility under the Code.
www.fpb.gov.bc.ca/glossary.htm
22. Confidential
*. That which is done or communicated in trust. Confidential information is information entrusted to another. The implication is that it is information that for some reason (from personal privacy to competitive advantage) the person entrusting the information does not wish at least some others to know. Thus confidential information is information to be shared only with a very limited group who are involved with furthering certain ends which the one entrusting the information wants served, such as treatment of a disease, or development and manufacture of a new product. Most professions recognize some duty to keep confidential a client's information, although such a duty has limits when the confidential information concerns a danger to others.
www.unmc.edu/ethics/words.html
23. Consent
Requirement that the parent be fully informed of all information that relates to any action that school wants to take about the child, that parent understands that consent is voluntary and may be revoked at any time. See also Procedural safeguards notice and prior written notice.
pathfinder.minot.com/plaintext/law08.html
Agreement, either expressed or implied, to an action based on knowledge of what that action involves, its likely consequences and the option of saying no.
www.crimereduction.gov.uk/infosharing21-14.htm
24. Constructive Notice
the law presumes that everyone has knowledge of a fact when the fact is a matter of public record.
Often called "legal notice" the conclusive presemption that all persons have knowledge of the contents of an instrument recorded in the office of the county clerk and recorder.
Notice given to the world by the recording of documents with a public official. All persons are charged with knowledge of such documents and their contents, whether or not they have actually examined them.
The legal principle that deems that a person has knowledge of a certain fact once that fact is made a part of a public record. The registration of a lien on title to a property represents constructive notice to all persons interested in that property of that lien, whether they have investigate the title records or not.
www.vincebrennan.com/real_estate_glossary.htm
Notice given by the public records or by possession.
www.cyberhomesearch.com/onsite/dict.htm
25. Constructive Possession
(law) having the power and intention to have and control property but without direct control or actual presence upon it
www.cogsci.princeton.edu/cgi-bin/webwn
26. Contempt
failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her.
www.divorcelawinfo.com/gloss.htm
27. Contention
Contention (ken-tèn´shen) noun. 1 A violent effort or struggle to obtain, or to resist, something; contest; strife. 2 Strife in words; controversy; altercation quarrel; dispute; as, a bone of contention. 3 Vehemence of endeavor; eagerness; ardor; zeal. 4 A point maintained in an argument, or a line of argument taken in its support; the subject matter of discussion of strife; a position taken or contended for.
www.mindspring.com/~bartgr91/definitions.html
28. Control
power to direct or determine; "under control"
www.cogsci.princeton.edu/cgi-bin/webwn
dominance: the state that exists when one person or group has power over another; "her apparent dominance of her husband was really her attempt to make him pay attention to her"
www.cogsci.princeton.edu/cgi-bin/webwn
29. Costs
An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
Legal expenses that a judge orders the loser to pay the winner.
businesslaw.nelson.com/glossary.html
30. Counterclaim
A claim filed by a defendant against the plaintiff in a civil action.
www.nwjustice.org/glossary/
A claim asserted by the defendant in opposition to or deduction from the claim of the plaintiff.
www.creditworthy.com/info/glossary.html
31. Court
An assembly (including one or more judges) to conduct judicial business
www.cogsci.princeton.edu/cgi-bin/webwn
Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."
www.usdoj.gov/usao/eousa/kidspage/glossary.html
An organ of the government, belonging to the judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice.
A body in government to which the administration of justice is delegated.
www.seniormag.com/legal/glossary/c.htm
32. Court Order
A legal decision made by a court that commands or directs that something be done or not done. Can be made by a judge, commissioner, court referee, or magistrate.
www.courtinfo.ca.gov/selfhelp/glossary.htm
33. Criminal Law
That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, or common law, and is prosecuted and punished by the state.
www.sixthform.info/law/03_dictionary/dict_c.htm
34. Custody
The legal right given to a person of official authority to exercise complete and immediate control over a person to insure appearance in court. Custody also refers to the actual imprisonment of the accused after a criminal conviction.
www.sbcourts.org/general_info/glossary.htm
The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
35. Damages
A sum of money paid in compensation for loss or injury
www.cogsci.princeton.edu/cgi-bin/webwn
Pecuniary (money) compensation which may be recovered by a party for personal injury, or loss or damage to one's property or rights as a result of another party's unlawful act or negligence.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
36. Debtor
A person who owes money, goods or services to another, the latter being referred to as the creditor.
www.lawinfo.com/lawdictionary/dict-d.htm
A "Debtor" is a person or company who files a voluntary petition for reorganization or against whom an involuntary petition is filed.
www.hq.com/reorganization/hq_glossary.htm
37. Defamation
defamation is an injury to a person's character or reputation such that a right thinking person would think less of the injured person as a result of the injurious act. For there to be a defamation, the person injured must be living. There are two types of defamation, libel which is a defamation which is written down and slander which is a spoken defamation. It is a defense to an action for defamation that the words said or written were true.
www.mylawyer.com/glossary.htm
38. Default
default option: an option that is selected automatically unless an alternative is specified
www.cogsci.princeton.edu/cgi-bin/webwn
Failure to perform a legal obligation; a default includes failure to pay on a financial obligation, but may also be a failure to perform some action or service that is nonmonetary.
39. Default judgment
A court decision in favor of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to.
www.courtinfo.ca.gov/selfhelp/glossary.htm
A judgment entered against a party for that party's failure to answer or comply as required by procedure laws. Most often occurs when a defendant fails to answer the court papers filed by the plaintiff charging the defendant with wrongdoing
www.lombardiperry.com/glossary.htm
40. Defendant
In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
41. Demand
Claim as due or just; "The bank demanded payment of the loan"
www.cogsci.princeton.edu/cgi-bin/webwn
42. Deny
declare untrue; contradict; "He denied the allegations"; "She denied that she had taken money"
www.cogsci.princeton.edu/cgi-bin/webwn
43. Disclosure
Revealing what previously was private knowledge. Any statement of fact that is required by law.
www.cnsfn.com/realestateglossary.html
Usually in the form of a request, this relates to the making available of relevant documents believed to be in the possession of the other party in a with notice (inter partes) proceeding.
www.patent.gov.uk/patent/glossary/
44. Discovery
Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. This usually takes the form of depositions, interrogatories, request for admissions, and a motion to produce certain items.
www.larrykinglaw.com/glossary.htm
The legal term for the investigation phase after a complaint is filed and the defendant has answered.
www.brockport.edu/~hr/GLOSSARY.HTM
45. Discretion
The power to make a decision that cannot be determined to be right or wrong in an objective sense. Discretion amounts to the power of the decision-maker to choose a particular course of action for good reasons and in good faith, after considering the relevant facts and circumstances; the applicable law, including the objects of the FOIP Act; and the proper application of the law to the relevant facts and circumstances.
The exercise of an official prerogative to act in an official capacity
www.lombardiperry.com/glossary.htm
46. Duty of care
n The duty of care emerges with the development of the human mind. Its operation is context dependent, so that the particular content of the duty depends upon the risks that the person creates. The duty compels the person to (1) anticipate the risks that a planned undertaking will create, and either (2) gain the willing acquiescence of those who are put at risk, or (3) take those risk reduction steps that a reasonably prudent person would undertake. The driver who notices that his brakes are screeching is duty-bound to take the car for service if it is the case that he plans on driving the vehicle in the vicinity of others and if a reasonable person, similarly situated, would take the car for service.
www.biologyoflaw.com/content/Dictionary/dictionary.htm
47. Equity
Fairness: conformity with rules or standards; "the judge recognized the fairness of my claim"
www.cogsci.princeton.edu/cgi-bin/webwn
The difference between the market value and the mortgage debt against the property. Also referred to as the owner's interest.
www.cybercu.org/mortgage/terms.html
48. Ex parte
On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
www.nacmnet.org/Glossary.html
In the absence of a party. In some limited cases an application may be made to the court without informing any one else involved in the proceedings of the application and this is said to be an ex parte application. •Family Court Procedures
(Legal Aid Office Qld Glossary)
49. Exemplification
Showing by example
www.cogsci.princeton.edu/cgi-bin/webwn
50. Expert Witness
an expert witness is a witness in a court case who is called because he has specific knowledge of a particular specialist field rather than having knowledge of the facts surrounding the case in question.
www.mylawyer.com/glossary.htm
51. Fact
A claim that is either true or for which there is excellent evidence or justification. Sometimes “fact” is used for the circumstances asserted by such a claim, as when we say that a claim “states a fact.” This means only that the claim is true or that there is excellent evidence or justification for it.
www.mhhe.com/mayfieldpub/ct/ch01/glossary.htm
A verifiable statement or event that is known to have really occurred.
www.wsd1.org/southd/science/glossary.htm
52. Fee Simple
The terms "fee" and "fee simple" are substantially synonymous. The term "fee" is of old English derivation. "Fee simple absolute" is an estate in real property by which the owner has the greatest power over the title which it is possible to have, being an absolute estate. In modern use, it expressly established the title of real property in the owner, without limitation or end. They may dispose of it by sale, or trade or will, as he chooses.
www.all-foreclosure.com/define/define2.htm
53. Fiduciary Duty
Literally, a duty of trust depending on public confidence.
www.californiacondoguru.com/glossary.html
54. Freedom
The condition of being free; the power to act or speak or think without externally imposed restraints.
www.cogsci.princeton.edu/cgi-bin/webwn
Exemption: immunity from an obligation or duty.
www.cogsci.princeton.edu/cgi-bin/webwn
55. Good Faith
A legal standard implying honesty in the conduct or transaction at issue, honesty of intention, or freedom from an intention to defraud, depending on the circumstances.
An honest belief; the absence of malice and the absence of design to defraud.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
56. Government
A temporary set of individuals who have been voted into office and who oversee the state.
In most parliamentary and semi-presidential systems, this term refers to the entire executive branch of the state, or to the members of governments (usually termed "ministers" but occasionally called "secretaries") selected by the legislature or appointed by the head of government to run the executive branch. In the United States, the term "government" is used in a variety of ways. It can refer to the entire executive branch of the federal government, to the federal government generally, and sometimes to federal, state, and local governments combined.
57. Grant
Award: give on the basis of merit; "Funds are granted to qualified researchers"
www.cogsci.princeton.edu/cgi-bin/webwn
58. Grounds
Reasons upon which legal rights and responsibilities are based.
Reasons for bringing a case into the judicial system.
www.aoc.state.nc.us/www/public/courts/meck/disk01/glossary.html
59. Habeas Corpus
Legal term for the right to petition a court to decide whether confinement has been undertaken with due process of law.
depression.about.com/library/glossary/blglossaryindexh.htm
It is used to test the legality of a persons imprisonment.
www.swheath.com/doc/polsc215chapter8.htm
Court orders that require jailers to show just cause for holding an individual.
www.daltonstate.edu/faculty/bguo/p1101/Glossary.htm
60. Hearsay
Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
A statement made outside of the hearing. Most hearsay evidence is not allowed as evidence in court.
What toddlers do when anyone mutters a dirty word.
www.midohiopediatrics.com/ParentDictionary.htm
61. Human rights
Rights thought to belong to all people simply because they are human beings.
www.nelson.com/nelson/polisci/glossary.html
Rights of persons to freedom of speech and conscience, equal treatment, work and health, among others, as defined in Universal Declaration adopted by UN in 1948, supplemented by 1960s Covenants on social, economic, political, and civil rights. Variously interpreted by states, hence subject of global debate.
www.emory.edu/SOC/globalization/glossary.html
The basic rights and freedoms to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law.
www.whitehall.k12.mi.us/curriculum/socialstudies/glossaryofterms.htm
62. Immunity
An exemption that a person (individual or corporate) enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. For example, diplomats enjoy "diplomatic immunity" which means that they cannot be prosecuted for crimes committed during their tenure as diplomat. Another example of an immunity is where a witness agrees to testify only if the testimony cannot be used at some later date during a hearing against the witness.
www.lawinfo.com/lawdictionary/dict-i.htm
Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.
www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html
63. Implied Consent
a consent that is drawn from the facts of the surrounding circumstances
www.lombardiperry.com/glossary.htm
64. Indigent
Needy, poor, impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.
www.court.state.nd.us/Court/Glossary.htm
Destitute: poor enough to need help from others
www.cogsci.princeton.edu/cgi-bin/webwn
65. Injunction
An injunction is an order of the court stopping someone from doing a particular act which is against the rights of another person. Injunctions can take many forms from an injunction preventing a husband from entering the matrimonial home to an injunction preventing the publication of something which could be deemed to libelous. It is contempt of court (see earlier) to act in breach of an injunction.
www.mylawyer.com/glossary.htm
Where a court orders a person to do or refrain from doing a particular thing •Abortion
(Legal Aid Office Qld Glossary)
66. Interrogatories
Written questions sent by 1 side in a lawsuit to an opposing side as part of pretrial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath. (See also discovery.)
www.courtinfo.ca.gov/selfhelp/glossary.htm
A formal quest or a series of questions that are proposed in writing by one party of an action to another. The answers can be used later in court for various reasons. This is a form of discovery used by attorneys when investigating a case. Sanctions can be levied for willfully refusing to respond timely to interrogatories.
debtreliefcenter.com/misc/glossary.htm
67. Intestacy
When a person dies without leaving a valid will. •De Facto Relationships
(Legal Aid Office Qld Glossary)
68. Judge
The court official who presides in the higher courts and makes decisions about law and about facts in cases where there is no jury, and imposes sentences and awards damages •Child`s Representative (Legal Aid Office Qld Glossary)
A judge is the person who presides over a court case. The judge will either determine the case and decide who should win or lose in a civil case or will direct the jury on those things it should consider in a criminal case. The judge is also responsible for deciding the type and severity of sentence which someone convicted of a crime should have imposed upon them and the extent of the damages in a civil case. A judge does not necessarily always hear cases in court and can hear cases privately (i.e. without the jury or the public present) in chambers. There are several different types of judge including district judges, recorders, masters, trial judges and Appellate Court Judges.
www.mylawyer.com/glossary.htm
69. Judicial Review
A procedure where the court can review administrative decisions of government •Complaints
(Legal Aid Office Qld Glossary)
Judicial Review is an important part of public life since it makes the acts of those who run the country open to the independent scrutiny of the courts and helps to ensure that due process is followed and that powers are not abused. If a person in public office, a minister for example, has a power to do something and a decision is taken which those whom it affects believe to have been wrongly taken, then those affected by it can apply to the courts to have the decision reviewed to see whether the decision has been reached in a lawful manner and in accordance with any regulations which granted the power to make the decision.
www.mylawyer.com/glossary.htm
The power of the courts to declare legislation unconstitutional (ultra vires).
www.nelson.com/nelson/polisci/glossary.html
A review of a decision by a court authorized and conducted under the Judicial Review Procedure Act primarily concerned with the fairness of the procedures used to make a decision, whether or not the decision maker was acting within his or her jurisdiction, and errors of law.
www.fpb.gov.bc.ca/glossary.htm
When a court decision is appealed, it is known as an "appeal." There are many administrative agencies or tribunals which make decisions or deliver government services of one sort or another, the decisions of which can also be "appealed." In many cases, the "appeal" from administrative agencies is known as "judicial review" which is essentially a process where The High Court is asked to rule on the appropriateness of the administrative agency or tribunal's decision. Judicial review is a fundamental principle of administrative law. A distinctive feature of judicial review is that the "appeal" is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact. A distinguishing feature of judicial review is that it reviews the process of the decision making and not the decision itself, therefore it is not really an appeal. Government minister's decisions can, and often are, judicially reviewed.
www.sixthform.info/law/03_dictionary/dict_jk.htm
70. Jurisdiction
Authority of a court to exercise judicial power.
www.court.state.nd.us/Court/Glossary.htm
(1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
71. Jury
Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
In a court case a jury is 12 people picked at random and whose job is to decide on the basis of the facts presented to them the outcome of a case - usually a criminal case but occasionally in defamation cases. They are not required to know anything about the case or the law relating to it - in fact such knowledge could render them ineligible to be a juror in the matter. They will be directed by the judge (see earlier) as to that law which they need to know and also on how they should interpret the information which they have heard. In the case of inquests there will only be 9 jurors.
www.mylawyer.com/glossary.htm
72. Justice
The virtue of protecting individuals' possessions within the acknowledged rules of conduct.
www.nelson.com/nelson/polisci/glossary.html
Establishment and administration of rights based on rules of law and equity
www.legalaid.ab.ca/Legalaid/dictionary/dictionarymain.html
(1) Moral rightness; equity. (2) Honor and fairness. (3) Good reason. (4) Fair handling; due reward or treatment. (5) The administration and procedure of law. (6) To approach with proper appreciation; enjoy fully. (7) To show to full advantage.
www.robcom2000.com/glossary.html
That which concerns fairness or equity, often divided into three parts: procedural justice, concerned with fair methods of making decisions and settling disputes; distributive justice, concerned with the fair distribution of the benefits and burdens of society; and corrective justice, concerned with correcting wrongs and harms through compensation or retribution (see National Statement on Ethical Conduct in Research Involving Humans, NHMRC, 2001).
When kids have kids of their own. :-)
chado63.tripod.com/p_062_catholic_dict.html
73. Lawyer
74. Shyster
A person (especially a lawyer or politician) who uses unscrupulous or unethical methods.
www.cogsci.princeton.edu/cgi-bin/webwn
75. Leave of Court
A request to the court to obtain permission to do something that otherwise would not be permissible
www.lombardiperry.com/glossary.htm
76. Legal Representation
personal representation that has legal status; "an person who has been declared incompetent should have legal representation"
www.cogsci.princeton.edu/cgi-bin/webwn
77. Lien
A legal hold or claim of one person on the property of another as security for a debt or charge. The right given by law to satisfy debt.
www.free-credit-report-free-credit-report.net/credit_glossary.htm
A legal claim by one person on the property of another for security for payment of a debt.
quickenloans.quicken.com/Help/glossary.asp
78. Liquidator
The Official Receiver or an insolvency practitioner who is appointed to attend to the liquidation of a company or partnership
79. MacKenzie Friend
A person who is not legally represented may, if allowed by the Court, obtain the assistance in court of a MacKenzie friend. This person may give advice, take notes and assist the person in court. The Judge or Magistrate has the discretion whether or not to allow an unrepresented person the assistance of a MacKenzie friend. (Legal Aid Office Qld Glossary)
80. Magistrate
A judicial officer with the power to issue arrest warrants and find probable cause at preliminary hearings. (Compare with commissioner, judge, referee.)
www.courtinfo.ca.gov/selfhelp/glossary.htm
A civil officer with power to administer and enforce law.
collections.ic.gc.ca/ghost/glossary.html
81. Magna Carta
An agreement forced on the English King John in 1215 to limit his power.
brt.uoregon.edu/cyberschool/history/glossary.html
The document signed by King John of England in 1215 that limited the king’s power and guaranteed certain basic rights; considered the beginning of constitutional government in England
highered.mcgraw-hill.com/sites/0809222299/student_view0/glossary.html
82. Market Value
The price a willing buyer would pay and a willing seller would accept, both being fully informed and the property being exposed for sale for a reasonable time period.
www.all-foreclosure.com/define/define3.htm
The highest price that you would pay and the lowest price the seller would accept on a property. Market value may be different from the price of a property could actually be sold for at a given time.
83. Mediation
Just as litigation is the process of going to court to resolve a dispute, so mediation is the process by which cases are resolved without the parties needing to go to court. Mediation is becoming far more popular as a means of resolving disputes since it is invariably less confrontational, is often simpler and thus cheaper and has the added benefit of being able to be decided by whatever means the parties to the mediation agree between them. In commercial matters, in particular, it is often referred to as Alternative Dispute Resolution, or just ADR for short.
www.mylawyer.com/glossary.htm
84. Mediator
One who helps resolve conflicts by hearing both sides and helping people reach an agreement.
85. Merit
If something is given or awarded on the basis of merit, those whose work is good will get more than those whose work is less good
www.ideels.uni-bremen.de/glossary.html
When you are entitled to favourable consideration or entitlement.
www.labour.gov.bc.ca/wab/glossary.htm
86. Natural justice
Rules and procedure to be followed by, among others, departments when deciding rights of others or adjudicating disputes. The rules are: to act fairly, and in good faith; to act without bias (not prejudicing nor to be personally interested in the matter); and to afford a fair hearing. "Justice must not only be done, but be seen to be done"
(Premiers Office Qld)
87. Negligence
Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances. A person may be negligent by acts of omission or commission or both. (G)
www.insweb.com/learningcenter/glossary/general-n.htm
A fault standard in libel and other tort law. Negligent behavior is normally described as an act or action that a reasonably prudent person or a reasonable individual would not have committed. In libel law, courts often measure negligence by asking whether the allegedly libelous material was the work of a person who exercised reasonable care in preparation of the story.
highered.mcgraw-hill.com/sites/0072492171/student_view0/glossary.html
88. Notice
Written warning to another of a person's intention to do something or take some (legal) action.
Knowledge of a factor or occurence. Acquired directly through information received or personal experience (actual knowledge) or constructively through publication of the information in the public record (constructive notice).
89. Oral Examination
oral: an examination conducted by word of mouth
www.cogsci.princeton.edu/cgi-bin/webwn
90. Plaintiff
A person who initiates a case in Court. That person may also be referred to as the Claimant, Petitioner or Applicant. The person who is being sued is generally called the Defendant or Respondent.
www.sands-trustee.com/pq.htm
91. Plea Bargain
(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge; "his admission was part of a plea bargain with the prosecutor"; "plea bargaining helps to stop the courts becoming congested"
www.cogsci.princeton.edu/cgi-bin/webwn
Pretrial negotiations in which the defendant agrees to plead guilty to a lesser charge if more serious charges are dropped.
92. Pleadings
Written statements delivered by parties to one another setting out the legal and factual basis of a claim or defence. Pleadings may include a statement of claim, defence and reply. (Victorian Bar)
93. Point of Order
A motion calling attention to a breach of order or of the rules.
www.leginfo.ca.gov/glossary.html
94. Possession
The detention and control, or the manual or ideal custody of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all others persons. Possession includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody.
www.si.edu/archives/NCP/esglossa.htm
When a buyer signs the papers and receives the keys to the house, they officially take possession.
www.a-mortgages-website.co.uk/glossary/mortgage-jargon-p.asp
A penalty for a fault or mistake that involves losing or giving up something.
www.hyperdic.net/dic/f/forfeit.shtml
95. Power of Attorney
A legal document that authorizes another person to act on one's behalf. A power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time.
www.gehomenow.com/Homebuyer/HomebuyerResources/glossary.asp
96. Precedent
A precedent is a previous decision used as a justification for deciding a subsequent case in the same way.
A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
www.usdoj.gov/usao/eousa/kidspage/glossary.html
97. Prejudice
Bias for or against someone or something that fails to take true account of their characteristics.
Is an unfavourable opinion or feeling, formed beforehand (e.g. before even meeting a person) based on non-personal characteristics (e.g. skin colour, religious persuasion or gender). One form of prejudice is racism. Racism is negative attitudes and values held by people about other people based on their race.
98. Probate
Court procedure by which a will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the estate of a decedent is administered. Generally, the probate process involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. These activities are carried out by the executor or administrator of the estate, usually under the supervision of the probate court or other court of appropriate jurisdiction.
www.the3rdjudicialdistrict.com/glossary.htm
99. Proof
any factual evidence that helps to establish the truth of something; "if you have any proof for what you say, now is the time to produce it"
www.cogsci.princeton.edu/cgi-bin/webwn
a formal series of statements showing that if one thing is true something else necessarily follows from it
www.cogsci.princeton.edu/cgi-bin/webwn
The strength of alcohol by volume. The proof number is twice the percentage of alcohol in the bottle. So 80 proof is 40 percent; 100 proof is 50 percent. Usually adjusted by diluting with water before bottling.
100. Prosecutor
A lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
101. Public Interest
The notion that there is some kind of general interest of the community as a whole which can be affected by the actions of governments or private agents.
www.chass.utoronto.ca/~reak/eco100/glosslist.htm
Benefiting the general public, a large class of persons or the natural world. Not something which only benefits one person or a small number of people at the expense of the general public or our environment.
www.1hope.org/glossary.htm
102. Quantum
Quantity or amount
general.rau.ac.za/lawlibrary/html/glossary_latin.asp
103. Reasonable Care
the amount of care expected of an ordinarily prudent person under the same or similar circumstances
www.jimbyrne.com/terms.html
The standard of care required to be observed by a person in any situation. Will differ depending on the circumstances •Negligence & Duty of Care (Legal Aid Office Qld Glossary)
104. Reasonable Doubt
An accused person is entitled to acquittal if, in the minds of the jury, guilt has not been proven beyond a "reasonable doubt"; that state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a “reasonable doubt;” that state of the minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge. rebuttal – The introduction of contradicting or opposing evidence; showing that what witnesses said occurred is not true; the state of a trial at which such evidence may be introduced. redirect examination – Follows cross-examination and is carried out by the party who produced and first examined the witness. reply – Pleading by the plaintiff in response to the defendant’s written answer. rests the case – When a party concludes his presentation of evidence.
105. Receiver
A receiver is the person appointed by the court or a creditor to administer the financial and business affairs of a debtor, typically one who is bankrupt or insolvent.
www.mylawyer.com/glossary.htm
106. Relief
Redress awarded by a court; "was the relief supposed to be protection from future harm or compensation for past injury?"
www.cogsci.princeton.edu/cgi-bin/webwn
107. riparian right
Water right: right of access to water
www.cogsci.princeton.edu/cgi-bin/webwn
108. Repudiation
Refusal to acknowledge or pay a debt or honor a contract (especially by public authorities); "the repudiation of the debt by the city"
www.cogsci.princeton.edu/cgi-bin/webwn
109. Review
A judicial reexamination of the proceedings of a court (especially by an appellate court)
www.cogsci.princeton.edu/cgi-bin/webwn
110. Rule
A rule of procedure that a Court must follow, related to a specific Act. Rules are made by a lawful judiciary authority.
www.courts.govt.nz/maorilandcourt/glossary.htm
111. Self-Esteem
Feelings of self-worth stemming from the individual's positive or negative beliefs about being valuable and capable.
A general feeling of self-worth based on a person's own valuing of herself and her beliefs about the way others value her. People with high self-esteem have less tendency to rely on others' opinions as the most important measure of their self-worth. TOP
www.nursing.virginia.edu/centers/research/wait/psyched/glossary.html
Refers to the global emotional judgment individuals make about themselves in terms of worth or value. Feelings of positive self-esteem imply that one likes oneself; that one approves of, accepts, and is comfortable with oneself; that one is rarely disappointed in oneself; and that one perceives oneself to be a person of worth and worthy of respect. Negative self-esteem, on the other hand, implies that one dislikes or disapproves of oneself; that one devalues oneself and sometimes feels inferior to others; that one perceives oneself to be a worthless person or worthy of condemnation. (See self-evaluation; self-adequacy; personality theory)
www.ucc.uconn.edu/~rohner/glossary.html
112. Service
Giving court papers to the other party by hand delivering, sending them by certified mail or notifying the other party of the dissolution case through publication of a notice in a newspaper.
www.nwjustice.org/glossary/
Sending by first class mail or personal delivery a copy of documents filed in a case to all parties in the case. See Definition of "Certificate of Service." See Rule 7.
www.oshrc.gov/publications/employeeguide/empguidesec6.html
113. Solicitor
A lawyer who advises clients and represents them in legal matters. A solicitor may engage a barrister for court work or for specialist advice on behalf of the client. •Annulment
(Legal Aid Office Qld Glossary)
114. Statutory
That which is fixed by statutes, as opposed to Common Law.
Prescribed or authorized by or punishable under a statute; "statutory restrictions"; "a statutory age limit"; "statutory crimes"; "statutory rape"
www.cogsci.princeton.edu/cgi-bin/webwn
115. Statutory declaration
A written statement of facts which the person making it signs and solemnly declares to be true. It is affirmed by the declarant and not sworn and must be witnessed by a justice of the peace, a commissioner for declarations, a notary public, or a lawyer. •Paternity (Legal Aid Office Qld Glossary)
A written statement made under the provisions of particular legislation (in NSW the Oaths Act 1900). The declaration must be taken (witnessed) by a person of a category set down in the legislation (a prescribed functionary).
116. Stay
A judicial order forbidding some action until an event occurs or the order is lifted; "the Supreme Court has the power to stay an injunction pending an appeal to the whole Court"
www.cogsci.princeton.edu/cgi-bin/webwn
A stay order can be sought by a liable parent seeking a departure from a child support assessment. This puts the collection of child support ‘on hold' until the departure is heard by the Departure from Assessment Team. •Stage 2 - Child Support
(Legal Aid Office Qld Glossary)
117. Strike
A group's refusal to work in protest against low pay or bad work conditions; "the strike lasted more than a month before it was settled"
www.cogsci.princeton.edu/cgi-bin/webwn
Remove by erasing or crossing out; "Please strike this remark from the record"
www.cogsci.princeton.edu/cgi-bin/webwn
118. Subpoena
A court order which requires a person to appear in court to give evidence or produce documents. •Civil Courts
(Legal Aid Office Qld Glossary)
119. Success
A set of grades based on an arbitrary criteria of comparative success of entire group in achieving passing marks on a given set of tests success an agreement between mentor and learner that the goal of a chosen task, as defined and understood by both, has been achieved to a standard of proficiency appropriate for the task
www.mandalavillage.org/activities/education/wt_definitions.htm
120. Summary Judgment
A finding and entry of judgment by the court after a hearing and review of the claims and the evidence of the parties prior to a trial wherein the court determines that there is no genuine issue or dispute as to any material fact available for presentation and that the evidence, as a matter of law, is insufficient to allow such claim to continue and renders judgment in favor of one party
www.lombardiperry.com/glossary.htm
121. Third party
A party who is not a signatory to an agreement but who may nevertheless have rights and obligations relating to that agreement.
www.library.yale.edu/~llicense/definiti.shtml
A third party is a person who helps the disputants to resolve their conflict. The third party is impartial and not involved in the conflict. Examples of third parties are mediators, arbitrators, conciliators, facilitators and judges.
www.knowconflict.com/Impact_of_Terrorv110/glossary.html
122. Trial
A proceeding or hearing of evidence in a court having jurisdiction over the persons, entities, and subject matter for a determination of all issues between the parties based upon the applicable substantive law
www.lombardiperry.com/glossary.htm
The legal proceeding which makes a judgment regarding the facts and issues of a case.
www.maxwell.syr.edu/plegal/scales/glossary.html
123. Tribunal
A special court outside the civil and criminal judicial system that examines special problems and makes judgements, e.g. an industrial tribunal, which resolves disputes between employers and employees
www.ideels.uni-bremen.de/glossary.html
A body set up to hear and decide disputes •Building Disputes
(Legal Aid Office Qld Glossary)
124. Undertaking
A promise, reduced to writing, which is legally enforceable.
125. Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
www.nacmnet.org/Glossary.html
126. Without Prejudice
Correspondence, usually an offer, which cannot be used in evidence.
www.manches.com/family/divorce/divorce-dictionary.html
127. Witness
A person who is present when something occurs or who gives evidence of something they have observed or heard or of something in which they have recognised expertise •Bail (Legal Aid Office Qld Glossary)
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